TERMS AND CONDITIONS OF USE
THIS IS AN AGEEMENT BETWEEN YOU AND IN GROUP MARKETING, LLC, A FLORIDA LIMITED LIABILITY COMPANY, d/b/a MOTO REWARDS, WITH ITS MAILING ADDRESS AT 14540 N. FLORIDA AVE., TAMPA, FLORIDA, 33613. THIS AGREEMENT DESCRIBES THE TERMS AND CONDITIONS FOR USE OF OUR MOBILE APP SERVICES (THE “APP”) AND OUR WEBSITE FOUND AT WWW.MOTOREWARDS.NET (THE “WEBSITE”) (AND COLLECTIVELY REFERRED TO AS OUR “SERVICES).
2. Description of Services Provided on Our Website:
You understand, agree and acknowledge that some of the points that members earn through our Services are the result of information we receive from third party advertisers. As such, you agree to hold us harmless for any discrepancies in point balances. If you feel that your points balance is incorrect, please contact us at email@example.com. We will investigate your concern and respond within a reasonable time. Due to the nature of our Services, some offers, including but not limited to coupons and discounts, will be available for a limited time, and are subject to immediate change and/or termination without notice to you.
You are solely responsible for your ability to access our Services, including all necessary devices, hardware and software for system compatibility. You are solely responsible for protecting your device against interference, spyware or viruses that may result from downloading items from our Services. We recommend you install a virus protection program on your device and keep it up to date. We shall have no liability for your inability to access our Services, at any time, or for any reason.
3. Authority and Capacity
You represent, agree, and warrant the following:
a) You are at least eighteen (18) years old;
c) Any information you provide to us will be true, accurate and current;
d) You will update your information as necessary so that it remains true, accurate and current;
e) You will immediately report to us any information that is inaccurate or outdated;
f) You will not use our Services for the purpose of spamming.
4. Profile Creation / Password Security:
You are responsible for maintaining the confidentiality and security of your User ID and password, and for all activities that occur while using your User ID and password. You should not share your User ID and password with any person or entity. We will not be liable for any loss you may incur as a result of another person or entity using your User ID and password, either with or without your knowledge. YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS.
If you become aware that the security of your User ID and password has been compromised, you must notify us immediately at firstname.lastname@example.org.
You shall not impersonate any person or entity or otherwise misrepresent your identity. This includes, but is not limited to, misrepresentation of your affiliation with any person or entity, using another person’s username, password or account information, or another person’s name or other identifying information. If we have reason to suspect any such information you provided is not authorized, accurate, current or complete, we may refuse you access to our Services without notice, in addition to other available remedies under contract, at law and in equity.
5. Rules of Conduct:
a) Defamatory, libelous, indecent, obscene, fraudulent, threatening, abusive, invades an individual or group’s privacy, proprietary or other legal rights, for any reason;
b) Contains viruses, worms, trojan horses, defects, harmful code, or other damaging information, programs, or software that may be harmful to our Website and/or App, or our hardware or equipment;
c) Harms or disrupts, or intends to harm or disrupt, another user’s computer or would allow you or others to illegally access software or bypass security on websites or services, including but not limited to, spamming;
d) Invades anyone’s privacy by attempting to harvest, store, or publish private or personally identifiable information, such as passwords, account information, addresses, or other contact information without their knowledge or consent;
e) Misrepresents anything you upload or post, including impersonation of another individual or entity;
f) Violates any applicable laws, regulations, or ordinances;
g) Modifies, adapts, translates, distributes, reverse engineers, decompile, or disassembles any portion of our Services.
6. Violation of Terms:
If you violate this agreement, we may take action against you including, without limitation, removing your content from our Services, suspending your access to our Services, asking you to refrain from certain activities, and/or referring such activity to the appropriate authorities.
7. Making Purchases with Us:
Descriptions, images, features, specifications, products, price and availability of any products or services are subject to change without notice, and our current prices can be found on our Website and/or App. We make reasonable efforts to accurately display our available and current products and services and all related features on our Website and our App. We reserve the right, with or without prior notice, to (i) limit the available quantity of any product or service; (ii) discontinue any product or service; (iii) impose conditions on any coupon or promotional offer; and/or (iv) to refuse to provide any user with any product or service for any reason.
Once we deliver your purchase to the delivery services, you incur all risks of loss. When you place an order, we will not charge you until we ship the items ordered. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.
Some features of our services and/or promotions may be based on geo-location information. For these features, you must have “location services” enabled on your device. If you participate and enable “location services” then we will collect information about your location, but we will not share such location information to any third party, unless such information is required to allow you to access the services and/or promotion. You are not required to participate in these service and/or promotions, and you are free to disable “location services” at any time. However, some of our loyalty programs will require confirmation of your location, and if you have “location services” disabled, you will not be eligible for some features of our loyalty program.
9. Third Party Sites:
YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES, SOFTWARE AND SERVICES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES, SOFTWARE AND SERVICES.
10. NO WARRANTIES:
YOU UNDERSTAND THAT COMPUTER SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME MAY OCCUR. WE DO NOT GUARANTEE THAT OUR SERVICES WILL OPERATE WITHOUT INTERRUPTION, THAT OUR INFORMATION WILL BE TIMELY, THAT YOUR INFORMATION WILL BE SECURE OR ERROR-FREE, OR THAT LOSS OF CONTENT WILL NOT OCCUR.
11. Limitation of Liability:
13. Intellectual Property:
Our Website and our App are the intellectual property of In Group Marketing, LLC. Any logos or trademarks displayed on our Website and/or App are the property of In Group Marketing, LLC, or are licensed to us for use on our Website and/or App by the owner. You are prohibited from reproducing or using any logos or trademarks found on our Website and/or App for any purpose. You are also prohibited from modifying, distributing, copying, transmitting, displaying, publishing, selling, licensing, or using any Website and/or App content, including but not limited to, documents and images available on our Website and/or App. Any such content on our Website and App is for your use only as a Moto Rewards user and/or advertiser, and such content is not intended or permitted for commercial or public use or disclosure.
15. Arbitration Policy:
The provisions of this Arbitration Policy may be enforced in a court of competent jurisdiction and the party seeking enforcement shall be entitled to an award of attorneys’ fees, costs and expenses incurred in obtaining enforcement, and paid by the party against whom enforcement is ordered. Each party will be responsible for paying equal shares of all arbitration fees, except that In Group Marketing, LLC, will be responsible for paying arbitration fees in connection with any dispute it commences in arbitration or compels to arbitration if it is not the prevailing party.
16. Governing Law:
17. Miscellaneous Provisions.
d) Waivers: If we fail to exercise a right, partially exercise a right, or delay in exercising a right, that right shall not be considered waived.
By indicating your agreement to these terms, you agree to be bound by these terms.