TERMS OF SERVICE
By completing the plan signup form and clicking the “Create my account” button, you represent and warrant that you are 18 years of age or older, that you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
All payments are final and non-refundable. MotorLot is a pay-as-you-go month-to-month service. There are no long term contracts or commitments on your part. You simply pay month-to-month a recurring plan fee. If you do choose to cancel your account in the future you will not be charged again, but you are responsible for charges already incurred up until your cancellation. There is no proration for partial months.
Permission is granted to temporarily download one copy of the materials (information or software) on MotorLot’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- Modify or copy the materials;
- Use the materials for any commercial purpose, or for any public display (commercial or non- commercial);
- Attempt to decompile or reverse engineer any software contained on MotorLot’s web site;
- Remove any copyright or other proprietary notations from the materials; or
- Transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by MotorLot at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on MotorLot’s web site are provided “as is”. MotorLot makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, MotorLot does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
Revisions and Errata
The materials appearing on MotorLot’s web site could include technical, typographical, or photographic errors. MotorLot does not warrant that any of the materials on its web site are accurate, complete, or current. MotorLot may make changes to the materials contained on its web site at any time without notice. MotorLot does not, however, make any commitment to update the materials.
MotorLot has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by MotorLot of the site. Use of any such linked web site is at the user’s own risk.
If you wish to terminate your MotorLot account you may do so via logging in to your account or via telephone. The account owner is the only person who can cancel the account. To cancel, go to the Dashboard and click on the “Account Settings” tab. Once you are on the Account Settings page, click the link that says “Cancel my account”. Finally, click the link that says, “Please cancel my account.” Note: There is no undo for cancellation. Once your account is canceled, all your project information will be immediately and permanently deleted.
In no event shall MotorLot or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on MotorLot’s Internet site, even if MotorLot or a MotorLot authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Applicant agrees to indemnify, defend and hold harmless MotorLot, and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, for all losses and costs related to any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Applicant’s use of or listing in the Service, the acceptance or rejection of Applicant’s suggested site, any alleged violation of this Agreement, or any alleged violation of any rights of others. MotorLot reserves the right, at its own expense, to assume the sole and exclusive defense and control of any matter subject to indemnification by Applicant, which shall not excuse Applicant’s indemnity obligations.
Disclaimer of Warranties and Liabilities
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
MOTORLOT, AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL OR EQUITABLE THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS OR GOOD WILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF MotorLotIS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM APPLICANT’S USE OF OR INABILITY TO USE THIS SERVICE, MotorLot’S ACCEPTANCE OR REJECTION OF A SUGGESTED SITE, OR MOTORLOT’S CONTINUED LISTING OF A SITE IN THE DIRECTORY.
MOTORLOT’S LIABILITY TO APPLICANT SHALL NOT, FOR ANY REASON, EXCEED THE AMOUNT ACTUALLY PAID BY APPLICANT TO MOTORLOT UNDER THIS AGREEMENT.
MotorLot is not liable for any delay or failure in performance under the Agreement resulting directly or indirectly from acts of God, terrorism, or other causes beyond its reasonable control.
Any claim relating to MotorLot’s web site or software shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions. General Terms and Conditions applicable to Use of a Web Site.
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