Terms & Conditions
Last updated: August 08, 2018
These Terms and Conditions ("Terms") are entered into between you and Mototext LLC (referred to as "Company", "us", "our" or "we") and represent a legal agreement between you and the Company. By accessing the website ("Website"), you are agreeing to abide by the following Terms, which govern all use of this Website and the services available through the Website ("Services").
We reserve the right, at our sole discretion, to modify or replace any part of these Terms. It is your responsibility to check these Terms periodically for changes. Your continued use of or access to the Website following the posting of any changes to these Terms constitutes acceptance of those changes. These Terms control the relationship between the Company and you. They do not create any third party beneficiary rights. The Company also reserves the right to suspend and/or deny access to the Website or any Services for scheduled or unscheduled maintenance, upgrades, improvements, corrections or otherwise.
The users of this Website and Services are also bound by Google's Terms of Service.
AGE AND JURISDICTION
This Website is offered and available to users who are eighteen (18) years of age or older and reside in the United States or any of its territories or possessions only. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. If you are eighteen (18) years of age, but reside in a jurisdiction outside the United States and its territories and possessions, you acknowledge and agree that you use the Website at your own risk, and that you agree to be bound by these Terms, regardless of any conflicting provisions applicable in your country of residence.
The Website is not intended for users under the age of eighteen (18), and we do not knowingly collect personally identifiable information from users under the age of eighteen (18). Such users are expressly prohibited from using the Website or the Services.
USE OF SERVICES
The Company does not always directly buy or sell cars or provide salvage and towing services or negotiate the purchase or sale of vehicles. In certain instances, the Company serves as a digital venue and intermediary where sellers and buyers meet and enter into agreements. In such instances, the Company is not involved in the actual transaction between sellers and buyers and simply assists in the logistical and payment processes of the transactions when applicable. As a result, the Company has no control over the quality, safety, or legal aspects of any sale that may be initiated through use of the Website or Services.
In using the Website and Services, you agree (i) not to send to Company or upload onto or through the Website any information unless you have consent to do so; and (ii) that you will not:
(a) violate any applicable international, country, province, federal or state laws, regulations or rules (collectively, "Laws") as a result of your use of the Website;
(b) make any information available to the Company if doing so would violate any applicable Laws, industry or professional codes or standards, contractual or fiduciary obligations, confidentiality obligations, or employer policies or other requirements to which you are bound;
(c) transmit any information, data, images, or other materials or post any content on the Website that contain vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate, or are unlawful, harmful, threatening, harassing, libelous, defamatory, vulgar, obscene or otherwise objectionable or that may invade another's right of privacy or infringe any intellectual property right, including patent, trademark, service mark, trade secret, copyright or other proprietary rights of any third party;
(d) provide any false personal information on the Website or impersonate any person or falsely state or otherwise misrepresent your affiliation with a person;
(e) violate or attempt to violate the security of any of the Website;
(f) reverse engineer, decompile, disassemble or otherwise attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques, algorithms or any other aspect or element of any portion of the Website;
(g) "scrape", copy, transfer, transmit or display any information, data, software, interfaces, code, widgets, tools or other materials contained in or accessible by means of the Website ("Company Information") from the Website from the Services, or use or attempt to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, bots or robots, avatars or intelligent agents) to navigate or search any portion of the Website, other than through use of the search engine and search agents available from the Company on the Website and generally available to third party web browsers (e.g., Mozilla Firefox, Google Chrome, Apple Safari and Microsoft Internet Explorer); or
(h) harvest or collect Company Information, email addresses or other contact information of other users from the Website or Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
(a) You may not collect, develop or derive for commercial sale any data in any form that incorporates or uses any Company Information.
(b) You may not modify, copy, distribute, download for storage on a hard drive or any other storage media, display, use, publish, license, create derivative works from, transfer or sell any Company Information.
(c) You shall: (i) provide true, accurate, current and complete information about yourself when entering your information on the Website and when communicating with the Company.
(d) You shall abide by all copyright notices or restrictions contained in any content accessed through the Website.
(e) You agree to hold any Confidential Information (as defined below) you obtain as a result of using this Website in confidence and, unless required by law, not to make the Confidential Information available to any third party or to use the Confidential Information for any purpose other than the business activities for which you were given access to the Confidential Information. You agree to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by you in violation of these Terms. For purposes of these Terms, "Confidential Information" means any and all proprietary information labeled as "confidential" or which a reasonable person would know constitutes proprietary or sensitive information, including but not limited to, communications between you and another user, pricing information, business plans, financial reports, customer lists and other customer information, descriptions of colocation centers, and marketing plans.
The Company and/or its licensors own the Website and the Services, including all software and other technology provided or employed by the Company in connection with the Services, and the contents, design, layout, functions, appearance and other intellectual property comprising the Website, including all copyrights, trademarks, service marks, trade secrets, patents and other intellectual property rights inherent therein or appurtenant thereto. To clarify, "Mototext", among other trademarks, are registered trademarks of the Company. The Company does not grant any licenses to any copyrights, patents, trademarks, trade secrets or other intellectual property rights other than the limited rights to use the Website and Services, as set forth herein and subject to these Terms.
The Website may also contain intellectual property of third party organizations, including service marks and trademarks. Your use of this Website or the Services does not give you any right or license to use such intellectual property, without the prior written permission of the corresponding intellectual property owner.
All rights not expressly granted herein are reserved by the Company. Your use of this Website does not grant you ownership rights of any kind in the Website or Services.
RELEASE OF LIABILITY
You hereby release the Company, its affiliates, subsidiaries, officers, directors, agents, members, managers, shareholders, employees or representatives from all claims, demands, and damages (actual and consequential) of any kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way, connected with any sale of any vehicle or any transaction initiated through use of the Website or Services.
IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, SUBSIDIARIES OR EITHER'S RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MANAGERS, MEMBERS, AGENTS OR REPRESENTATIVES BE LIABLE TO YOU FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY THE COMPANY. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, INCLUDING ALL THE MATERIALS, INFORMATION, SERVICES, FACILITIES AND OTHER CONTENT AVAILABLE ON THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
THE COMPANY DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE WILL BE AVAILABLE CONTINUOUSLY, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON OR MADE AVAILABLE THROUGH THE WEBSITE OR ANY WEBSITES LINKED TO THIS WEBSITE IN TERMS OF THEIR QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
THE COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE WEBSITE OR ANY OTHER WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS. THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THIS WEBSITE OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
You hereby agree to indemnify, defend, and hold harmless the Company, its subsidiaries, affiliates, officers, employees, and approved and permitted licensees and assigns from any and all loss and damage (including, without limitation, reasonable fees and disbursements of counsel incurred by the Company in any action or proceeding between the Company and an affiliate or between any third party and the Company or otherwise) from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to out of your breach of the representations and warranties made herein and any other violation of these Terms and/or any action or relating to these Terms.
We may terminate your account and discard/remove any content posted or submitted by you, for any reason. You understand that we can take these actions without giving you notice. You understand and agree that we shall not have any liability to you or any other person for any termination of your access and/or the removal of information concerning your use of the Website and Services.
If it comes to our attention that you intentionally violated any of our rules or manipulated the Website, Services, or communications, we may pursue damages against you in any forum we presume appropriate.
These Terms and any access to or use of the Website will be governed by the laws of the State of Georgia, excluding its conflict of law provisions. Except for claims for injunctive or equitable relief in aid of arbitration or claims regarding the Company's intellectual property rights (which you hereby consent are subject to the exclusive jurisdiction of the federal or state courts located in the State of Georgia and which may be brought without the posting of a bond).
A waiver by the Company of any term or condition of these Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
CHANGE IN CONTROL
In the event of a change of control of the Company or the sale of substantially all of Company assets or other corporate event, all rights of the Company hereunder shall be transferable without notice to you.