Terms of Use Agreement
Terms of Use Agreement
Motodate.com
Welcome to the Motodate.com website ("the Website"). This Terms of Use Agreement ("Agreement") is a binding contract between you and Online Marketing International LLC ("OMI"), a California limited liability company, which owns and operates the Website and provides the services ( Services ) offered through the Website. This Agreement governs your use of the Website and the Services.
To use the Services, you must register for membership in Motodate.com and agree to bound by this Agreement. Please carefully read the terms and conditions ("Terms") of this Agreement. If, after reading the Agreement you agree to be bound by the Terms, click on I ACCEPT and proceed to register for membership. If you do not agree to these Terms you may not register for membership in Motodate.com nor use the Services.
1. ELIGIBILITY. You must be at least eighteen years old to be a member of Motodate.com ("Member"). You hereby represent that you are an individual, at least eighteen years old, and have the right, authority, and capacity to enter into this Agreement and to abide by the Terms. OMI may, at any time and from time to time, require that you verify your eligibility. Membership in Motodate.com is void where prohibited. Business entities and commercial organizations are not eligible for membership.
2. TERMINATION OF MEMBERSHIP. You may terminate your membership, with or without cause, at any time. If you choose to terminate your membership, you may do so by sending written notice to OMI at the address or email address noted below. Your termination will be effective upon OMI's receipt of your notice of termination, however, you will not be entitled to any refund should you elect to terminate your membership. OMI may terminate your membership for cause at any time, without refund, effective upon sending notice to you at the email address you have provided OMI in connection with your membership.
3. CONDUCT AND USE. You represent, warrant, and agree that your use of the Website and the Services is subject to the following limitations, conditions, and restrictions, which OMI may amend or modify from time to time effective upon either providing you with notice at the email address you provide or upon posting notice of such amendment or modification on the Website:
a. Personal Use. You will use the Website and Services for your personal use and not in connection with any commercial endeavor and you will not permit or authorize any other person or entity to use your membership in Motodate.com;
b. Postings. You are, and will be, solely responsible for all materials and content that you publish, display, or transmit on or through the Website and you will not post on the Website, or transmit to any other person through the Website, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, including without limitation, any material that infringes on the proprietary rights, intellectual property rights, or rights of privacy or publicity, of any person or entity;
c. Laws. You will use the Service in a manner consistent with any and all applicable local, state, national and international laws, rules, and regulations, including without limitation all rules of the road, and you will, in connection with your use of the Services, drive in a safe and responsible manner;
d. Services. You will not use the Website or Services for the purpose of harassing, or advocating the harassment of, any other person or group of persons or otherwise participate in conduct that is abusive, threatening, obscene, defamatory, or libelous; transmitting so called "junk mail", "chain letters", or "spam"; or distributing, transmitting, or promoting information that you know to be false or misleading, or otherwise promoting illegal activity;
e. Advertising. You will not engage in advertising to, or soliciting from, other Members to buy or sell any products or services through the Website or in using the Service;
4. CHANGE IN SERVICES. OMI may, from time to time, in its discretion and without notice to you or liability, alter, suspend or discontinue any aspect of the Website or Services at any time, including without limitation, the availability of any feature, database, or content on the Website.
5. LICENSE TO OMI. You hereby grant to OMI an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, reproduce, perform, display, distribute, transmit, and make derivative works of any information or content you post on any area or portion of the Website that is accessible, or intended to be accessible, to other Members. You further grant to and authorize OMI to sublicense the foregoing rights. You represent and warrant that you have the right to grant such license and permission and agree to indemnify and hold harmless OMI from and against all claims of infringement against OMI, its shareholders, directors, officers, agents, or employees arising from or out of such information and content.
6. OMI REVIEW. You agree, acknowledge, and understand that OMI may, at any time, review and delete all or portions of any content, postings, or messages you post or transmit through the Website, or restrict your ability to send messages to other Members, if OMI, in its sole discretion and judgment, determines that such content, message or posting violates any law, rule or regulation or the terms and conditions of this Agreement or might be offensive or otherwise in violation of the rights of, or threatens harm or injury to, any person.
7. LIMITATION OF LIABILITY. You acknowledge and understand that in using the Website and Services you may, from time to time, be exposed to offensive or obscene materials that may be posted or transmitted by Members or by hackers or unauthorized users. Notwithstanding anything to the contrary herein, this Agreement does not obligate OMI to undertake to monitor, control or edit any communications posted by or between the members and OMI assumes no liability to you or any Member for the messages or content posted or transmitted through the Website.
You further acknowledge and understand that it is possible for others to obtain any information, personal or otherwise, that you publish to the Website or transmit to another Member and that such persons may use your personal information to engage in an action that may be harmful to you or injure you. OMI strongly encourages you to NOT post or make available to any other Member your personal information, including without limitation, your full name, your email address, telephone number, address, or social security number. OMI is not responsible for any information, personal or otherwise, that you post, display, or publish on any portion of the Website accessible to other Members or that you transmit to other Members. You further assume full responsibility and you assume all risk for the use of the Services and Website, and you are solely responsible for evaluating the accuracy, completeness, and usefulness of all information provided to you through or that you obtain from, the Website. OMI, does not guarantee the accuracy, completeness, or usefulness of any information on the Website provided by any Member.
UNDER NO CIRCUMSTANCES WILL OMI, ITS AFFILIATES, DIRECTORS, OFFICERS, OR SHAREHOLDERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR USE OF THE SERVICE, YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO MEMBERS. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, AND OMI EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. OMI DOES NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, OR ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED.
IN NO EVENT WILL OMI, ITS AFFILIATES, DIRECTORS, OFFICERS, OR SHAREHOLDERS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, COMPENSATORY, SPECIAL OR INDIRECT DAMAGES ARISING FROM THE ACTS OR OMISSIONS OF YOU OR OF ANY MEMBER, WHETHER INTENTIONAL OR NEGLIGENT, INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, BODILY INJURY, EMOTIONAL DISTRESS, OR DEATH, OR RELATED TO DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF SERVICE INTERRUPTIONS OR PROCUREMENT OF SUBSTITUTE SERVICES DIRECTLY OR INDIRECTLY ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE OR SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY TO YOU BY OMI, ITS DIRECTORS, OFFICERS, OR SHAREHOLDERS, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
8. INDEMNIFICATION. You hereby agree that you will indemnify and hold harmless OMI, its managers, members, officers, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of the Service, including any breach by you of the Terms of this Agreement.
9. CHOICE OF LAW. You and OMI agree that Iowa law, without regard to its conflicts of law principles, will govern this Agreement, and that any dispute arising out of or relating to this Agreement will be subject to the exclusive jurisdiction of the federal and state courts in the Southern District of Iowa, Polk County, Iowa, other than for actions to enforce any order or judgment entered by such courts, and you and OMI waive all objections the personal jurisdiction and venue of such courts.
10. ENTIRE AGREEMENT. This Agreement and your registration for membership in Motodate.com, contains the entire agreement between you and OMI regarding the use of the Website and the Service. If any provision of this Agreement, or portion thereof, is held invalid, the remainder of the provision and this Agreement shall continue in full force and effect.
11. AUTHORIZED RELEASE. You hereby authorize OMI, and OMI reserves the right, to release to proper authorities any information you provide to OMI or post, publish, or transmit on or through the Website, upon the reasonable belief of OMI that your conduct is, or may be, unlawful, in breach of this Agreement, or in any way threatening or harassing to another person; or in response to a subpoena, warrant or court order from any court of competent jurisdiction.
12. NOTICES. All notices to OMI will be sent to:
Online Marketing International, LLC
Motodate.com
PO Box 93561
Los Angeles, CA 90093
Email: Info@Motodate.com
All notices to you will be sent electronically to the email address you provide.
13. SURVIVAL. Sections 5 through 13 will survive the termination or expiration of this Agreement.
Motodate.com
Welcome to the Motodate.com website ("the Website"). This Terms of Use Agreement ("Agreement") is a binding contract between you and Online Marketing International LLC ("OMI"), a California limited liability company, which owns and operates the Website and provides the services ( Services ) offered through the Website. This Agreement governs your use of the Website and the Services.
To use the Services, you must register for membership in Motodate.com and agree to bound by this Agreement. Please carefully read the terms and conditions ("Terms") of this Agreement. If, after reading the Agreement you agree to be bound by the Terms, click on I ACCEPT and proceed to register for membership. If you do not agree to these Terms you may not register for membership in Motodate.com nor use the Services.
1. ELIGIBILITY. You must be at least eighteen years old to be a member of Motodate.com ("Member"). You hereby represent that you are an individual, at least eighteen years old, and have the right, authority, and capacity to enter into this Agreement and to abide by the Terms. OMI may, at any time and from time to time, require that you verify your eligibility. Membership in Motodate.com is void where prohibited. Business entities and commercial organizations are not eligible for membership.
2. TERMINATION OF MEMBERSHIP. You may terminate your membership, with or without cause, at any time. If you choose to terminate your membership, you may do so by sending written notice to OMI at the address or email address noted below. Your termination will be effective upon OMI's receipt of your notice of termination, however, you will not be entitled to any refund should you elect to terminate your membership. OMI may terminate your membership for cause at any time, without refund, effective upon sending notice to you at the email address you have provided OMI in connection with your membership.
3. CONDUCT AND USE. You represent, warrant, and agree that your use of the Website and the Services is subject to the following limitations, conditions, and restrictions, which OMI may amend or modify from time to time effective upon either providing you with notice at the email address you provide or upon posting notice of such amendment or modification on the Website:
a. Personal Use. You will use the Website and Services for your personal use and not in connection with any commercial endeavor and you will not permit or authorize any other person or entity to use your membership in Motodate.com;
b. Postings. You are, and will be, solely responsible for all materials and content that you publish, display, or transmit on or through the Website and you will not post on the Website, or transmit to any other person through the Website, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, including without limitation, any material that infringes on the proprietary rights, intellectual property rights, or rights of privacy or publicity, of any person or entity;
c. Laws. You will use the Service in a manner consistent with any and all applicable local, state, national and international laws, rules, and regulations, including without limitation all rules of the road, and you will, in connection with your use of the Services, drive in a safe and responsible manner;
d. Services. You will not use the Website or Services for the purpose of harassing, or advocating the harassment of, any other person or group of persons or otherwise participate in conduct that is abusive, threatening, obscene, defamatory, or libelous; transmitting so called "junk mail", "chain letters", or "spam"; or distributing, transmitting, or promoting information that you know to be false or misleading, or otherwise promoting illegal activity;
e. Advertising. You will not engage in advertising to, or soliciting from, other Members to buy or sell any products or services through the Website or in using the Service;
4. CHANGE IN SERVICES. OMI may, from time to time, in its discretion and without notice to you or liability, alter, suspend or discontinue any aspect of the Website or Services at any time, including without limitation, the availability of any feature, database, or content on the Website.
5. LICENSE TO OMI. You hereby grant to OMI an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, reproduce, perform, display, distribute, transmit, and make derivative works of any information or content you post on any area or portion of the Website that is accessible, or intended to be accessible, to other Members. You further grant to and authorize OMI to sublicense the foregoing rights. You represent and warrant that you have the right to grant such license and permission and agree to indemnify and hold harmless OMI from and against all claims of infringement against OMI, its shareholders, directors, officers, agents, or employees arising from or out of such information and content.
6. OMI REVIEW. You agree, acknowledge, and understand that OMI may, at any time, review and delete all or portions of any content, postings, or messages you post or transmit through the Website, or restrict your ability to send messages to other Members, if OMI, in its sole discretion and judgment, determines that such content, message or posting violates any law, rule or regulation or the terms and conditions of this Agreement or might be offensive or otherwise in violation of the rights of, or threatens harm or injury to, any person.
7. LIMITATION OF LIABILITY. You acknowledge and understand that in using the Website and Services you may, from time to time, be exposed to offensive or obscene materials that may be posted or transmitted by Members or by hackers or unauthorized users. Notwithstanding anything to the contrary herein, this Agreement does not obligate OMI to undertake to monitor, control or edit any communications posted by or between the members and OMI assumes no liability to you or any Member for the messages or content posted or transmitted through the Website.
You further acknowledge and understand that it is possible for others to obtain any information, personal or otherwise, that you publish to the Website or transmit to another Member and that such persons may use your personal information to engage in an action that may be harmful to you or injure you. OMI strongly encourages you to NOT post or make available to any other Member your personal information, including without limitation, your full name, your email address, telephone number, address, or social security number. OMI is not responsible for any information, personal or otherwise, that you post, display, or publish on any portion of the Website accessible to other Members or that you transmit to other Members. You further assume full responsibility and you assume all risk for the use of the Services and Website, and you are solely responsible for evaluating the accuracy, completeness, and usefulness of all information provided to you through or that you obtain from, the Website. OMI, does not guarantee the accuracy, completeness, or usefulness of any information on the Website provided by any Member.
UNDER NO CIRCUMSTANCES WILL OMI, ITS AFFILIATES, DIRECTORS, OFFICERS, OR SHAREHOLDERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR USE OF THE SERVICE, YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO MEMBERS. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, AND OMI EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. OMI DOES NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, OR ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED.
IN NO EVENT WILL OMI, ITS AFFILIATES, DIRECTORS, OFFICERS, OR SHAREHOLDERS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, COMPENSATORY, SPECIAL OR INDIRECT DAMAGES ARISING FROM THE ACTS OR OMISSIONS OF YOU OR OF ANY MEMBER, WHETHER INTENTIONAL OR NEGLIGENT, INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, BODILY INJURY, EMOTIONAL DISTRESS, OR DEATH, OR RELATED TO DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF SERVICE INTERRUPTIONS OR PROCUREMENT OF SUBSTITUTE SERVICES DIRECTLY OR INDIRECTLY ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE OR SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY TO YOU BY OMI, ITS DIRECTORS, OFFICERS, OR SHAREHOLDERS, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
8. INDEMNIFICATION. You hereby agree that you will indemnify and hold harmless OMI, its managers, members, officers, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of the Service, including any breach by you of the Terms of this Agreement.
9. CHOICE OF LAW. You and OMI agree that Iowa law, without regard to its conflicts of law principles, will govern this Agreement, and that any dispute arising out of or relating to this Agreement will be subject to the exclusive jurisdiction of the federal and state courts in the Southern District of Iowa, Polk County, Iowa, other than for actions to enforce any order or judgment entered by such courts, and you and OMI waive all objections the personal jurisdiction and venue of such courts.
10. ENTIRE AGREEMENT. This Agreement and your registration for membership in Motodate.com, contains the entire agreement between you and OMI regarding the use of the Website and the Service. If any provision of this Agreement, or portion thereof, is held invalid, the remainder of the provision and this Agreement shall continue in full force and effect.
11. AUTHORIZED RELEASE. You hereby authorize OMI, and OMI reserves the right, to release to proper authorities any information you provide to OMI or post, publish, or transmit on or through the Website, upon the reasonable belief of OMI that your conduct is, or may be, unlawful, in breach of this Agreement, or in any way threatening or harassing to another person; or in response to a subpoena, warrant or court order from any court of competent jurisdiction.
12. NOTICES. All notices to OMI will be sent to:
Online Marketing International, LLC
Motodate.com
PO Box 93561
Los Angeles, CA 90093
Email: Info@Motodate.com
All notices to you will be sent electronically to the email address you provide.
13. SURVIVAL. Sections 5 through 13 will survive the termination or expiration of this Agreement.