These Terms and Conditions (“Terms”) govern your access to and use of the Motoshield website, including any content, functionality, and services offered on or through the website (collectively, the “Website”). By accessing or using the Website, you signify your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Website.
1.1 Eligibility: You must be at least 18 years old to access or use the Website. By accessing or using the Website, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.
1.2 Permitted Uses: You may use the Website for lawful purposes only. You may not use the Website:
In any way that violates any applicable federal, state, local, or international law or regulation.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate Motoshield, a Motoshield employee, another user, or any other person or entity.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by Motoshield, may harm Motoshield or users of the Website or expose them to liability.
1.3 Prohibited Activities: You are specifically prohibited from:
Accessing the Website using any automated means, including but not limited to robots, spiders, or scrapers.
Attempting to gain unauthorized access to the Website, other users’ accounts, or any other computer systems or networks connected to the Website.
Interfering with or disrupting the Website or servers or networks connected to the Website.
Using the Website in any way that could damage, disable, overburden, or impair the Website or interfere with any other party’s use of the Website.
2.1 Ownership: The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Motoshield, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
2.2 Limited License: Subject to your compliance with these Terms, Motoshield grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Website for your personal, non-commercial use only.
2.3 Trademarks: The Motoshield name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Motoshield or its affiliates or licensors. You must not use such marks without the prior written permission of Motoshield.
3.1 No Warranties: The Website and its content are provided “as is” and “as available” without warranty of any kind, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Motoshield does not warrant that the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or other harmful components.
3.2 Accuracy of Information: Motoshield makes reasonable efforts to ensure that the information on the Website is accurate and up-to-date. However, Motoshield does not warrant the accuracy, completeness, or timeliness of the information on the Website.
4.1 Exclusion of Damages: To the fullest extent permitted by applicable law, in no event will Motoshield, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, arising out of or relating to your access to or use of, or your inability to access or use, the Website or any materials or content on the Website, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if Motoshield has been advised of the possibility of such damages.
4.2 Cap on Liability: To the fullest extent permitted by applicable law, in no event will Motoshield’s total liability to you for all damages, losses, and causes of action arising out of or relating to these Terms or your access to or use of the Website exceed the amount you have paid to Motoshield for access to and use of the Website, if any, or $100, whichever is greater.
You agree to defend, indemnify, and hold harmless Motoshield, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms or your use of the Website, including, but not limited to, your user contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.
These Terms and any dispute arising out of or relating to these Terms or the Website will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. You agree that any legal suit, action, or proceeding arising out of or relating to these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in Los Angeles County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
These Terms constitute the entire agreement between you and Motoshield relating to the Website and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Motoshield with respect to the Website.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Motoshield’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
Motoshield reserves the right to modify these Terms at any time in its sole discretion. If Motoshield makes material changes to these Terms, it will post the updated Terms on the Website and update the “Last Updated” date at the top of this page. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes.
If you have any questions about these Terms, please contact us at:
info@motoshield.com
