MotoAmerica® Platform Terms of Service

Last Modified: February 14, 2024

1. Acceptance of the Terms of Service.

Krave Group, LLC, d/b/a MotoAmerica® (“Company”, “we” or “us”) maintains the website https://motoamerica.com and the related domains https://motoamericaregistration.com and https://shopmotoamerica.com, including any content, functionality and services offered on or through https://motoamerica.com, https://motoamericaregistration.com and https://shopmotoamerica.com (the “Website”).  “You” are the individual accepting these Terms of Service.   These Terms of Service govern your use of the Website and, if applicable, your use of and subscription to the MotoAmerica Live+ application, which may be accessed via your Internet web browser and on iOS, Android, Chromebook, Roku, Apple TV or other mobile device or online platforms (including all related documentation, the “Application”, and collectively with the Website, the “Platform”).  The Platform is licensed, not sold, to you.

 

Please read these Terms of Service carefully before you start to use the Platform.  By using the Platform, or by clicking to accept or agree to these Terms of Service when this option is made available to you, you (a) acknowledge that you have read and understand these Terms of Service, (b) represent that either (i) you are 18 years of age or older or otherwise of legal age to enter into a binding legal agreement or (ii) if you are not of legal age to enter into a binding legal agreement then your parent or guardian has reviewed these Terms of Service carefully and has agree to be bound by these Terms of Service on your behalf; and (c) accept these Terms of Service and agree that you are legally bound by these Terms of Service.  You may be agreeing to these terms as a visitor to our site, as a registered user and/or as a paid subscriber to certain of our services.  If you do not want to agree to these Terms of Service, you must not access or use the Platform or our related services.

This Platform is available only to, and may only be used by, individuals who are 18 years and older and who can form legally binding contracts under applicable law, or by individuals who are 13 years and older who have obtained express permission from their parent or guardian.  If you are a child between the ages of 13-17, you hereby represent and warrant that you have obtained express permission to access and use our Platform from your parent or guardian and that your parent or guardian has reviewed these Terms of Service carefully and has agreed to be bound by these Terms of Service on your behalf.  If you are a parent or guardian of a child, you may allow your child to use our Platform under your supervision, in which case you are responsible for any and all activities of your child.  If you are a parent or guardian and you discover that your child has created an unauthorized account on our Platform, please contact us at info@motoamerica.com and we will remove the account.  If you are agreeing to be bound by these Terms of Service on behalf of your employer or another entity, you must have the full legal authority to bind your employer or such entity to these Terms of Service.  By using the Platform, you represent and warrant that you meet all of the foregoing eligibility requirements.  If you do not meet all of these requirements, you must not access or use the Website or Platform.

2. License to Use.

Subject to these Terms of Service, we grant you a limited, revocable, non-exclusive, non-transferable and non-sublicensable license, for your personal and non-commercial purposes only, to: (a) download and install the Application on a compatible mobile device that you own or control; (b) access and use the Application on such compatible mobile device or via your Internet web browser; and (c) access and use our Website.  

Subject to these Terms of Service, you are hereby authorized to remotely access (via the Internet) and use the Platform, as well as its content, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) (collectively, the “Platform Content”) solely as (and in the form) made available to you via the Platform, for your personal, non-commercial use strictly in accordance with these Terms of Service and any documentation provided with the Platform.  This authorization is limited, revocable, non-exclusive and non-transferable.

You acknowledge and agree that the Platform is provided under license, and not sold, to you.  You do not acquire any ownership interest in the Platform under these Terms of Service, or any other rights thereto other than to use the Platform in accordance with the license granted, and subject to all terms, conditions and restrictions under these Terms of Service. The Company and its licensors reserve and shall retain their entire right, title and interest in and to the Platform, including all copyright, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms of Service.

3. Changes to the Terms of Service.

We may revise and update these Terms of Service from time to time in our sole discretion.  Changes are effective immediately when we post them, but are not retroactive.  Your continued use of the Platform following the posting of revised Terms of Service means that you accept and agree to the changes.  You must check this page frequently so that you are aware of any changes, and immediately discontinue access or use of the Platform if you do not want to agree to the revised Terms of Service.

4. Acceptance of Privacy Policy.

You may be required to provide certain information about yourself as a condition to or in connection with using certain services made available through our Platform, and certain information about yourself may be collected automatically as you engage with the Platform.  All information we collect on the Platform is subject to our Privacy Policy available at https://www.motoamericaliveplus.com/privacy-policy, including any provisions therein related to the “tracking” or other collection of information through automated means by us or our third-party service providers acting on our behalf.  By using the Platform, or by clicking to accept or agree to these Terms of Service when this option is made available to you, you accept and agree to be bound and abide by our Privacy Policy.  If you do not want to agree to our Privacy Policy, you must not provide us any personal information. 

Our Platform is hosted in the United States and our services are provided from the United States.  It is possible that certain information will be stored on servers in multiple other countries on the "cloud" or other similar distributed hosting platforms.  If you are a user accessing our Platform or services from the European Union, Asia or any other region with laws governing personal data collection, use, and disclosure that differ from United States laws, you are expressly and knowingly consenting to the transfer of your personal information to the United States and other jurisdictions as indicated above, and to our use of your personal information in accordance with our Privacy Policy. 

5. Platform Services.

1. From time to time, we may send you notifications, which may provide news; alert you to certain benefits or events, videos, or merchandise; or confirm certain transactions. 
2. Our Platform may include streaming video and premium video on-demand content, including video of live events.  Our Platform may also include other methods to allow you to follow along with live events and receive updates regarding the event while the event is ongoing.  Additionally, our Platform may also provide news and commentary related to our content and services.
3. As a user of our Website and/or a paid subscriber of our Application, you agree to receive email from us regarding our services and the Platform.  We may from time to time send you email messages with information about your use of our Platform.  You may opt-out from receiving certain emails or email notifications we distribute by emailing info@motoamerica.com or selecting the “unsubscribe”, “updating your email preferences” or similar option as may be provided in the applicable email correspondence. 
4. We reserve the right to alter, suspend or discontinue our services and Platform or your access to our Platform in whole or in part, at any time and for any reason, without notice.

6. Subscription Fees, Payment and Cancellation.

1. Subscription Fees.  Paid subscriptions to access certain video streaming and related services provided through the Application are available only to, and may only be used by, individuals who are 18 years and older and who can form legally binding contracts under applicable law, or by individuals who are 13 years and older who have obtained express permission from their parent or guardian to access the Application and whose parent or guardian has agreed to be bound by these Terms of Service on their behalf.  In exchange for and as a condition of your access to and use of the Application, and unless otherwise agreed by us in writing, you will pay to us the fees and charges described for you at the time you register for a subscription to the Application (the “Fees”).  ALL PURCHASES ARE FINAL; NO REFUNDS WILL BE PROVIDED FOR FEES YOU HAVE ALREADY PAID, UNLESS OTHERWISE AGREED BY US IN WRITING.  In certain cases we may in our sole discretion agree to refund Fees and/or any other charges you have incurred via the Application.  Our choice to provide a discretionary refund of fees and/or charges for any one user in any particular set of circumstances does not create any express or implied obligation to refund Fees and/or any other charges for any particular user in any particular set of circumstances at any time in the future.
2. Payment Method.  To make payment of any Fees you incur in order to use the Application, you will upon our request provide at least one valid credit card, debit card or other method of payment (your “Payment Method”).  Accepted forms of Payment Method are as indicated to you at check-out.  Payment will be made for any Fees by charging the Payment Method provided.  It is your responsibility and obligation to provide accurate information pertaining to your Payment Method and to keep all such information current.  If we have asked you to establish a Payment Method at check-out, then all Fees are due immediately when incurred, and payment in full for any products or services provided through the Application is expected and required prior to delivery of any such products or services.  You must pay the full amount specified at check-out, subject to any additional terms and conditions (including Promotions, as defined below) set forth at the time of check-out.  By providing any payment information to us, you represent and warrant that you are authorized to use the payment instrument provided for payment of all Fees under these Terms of Service.  It is your responsibility to ensure the applicable Payment Method or other payment account has sufficient funds.  For processing orders, we may require verification of the Payment Method or other payment account information and other billing information, including the billing address.  Submitting incorrect information may cause delayed processing and delivery.  We are not responsible for bank or credit card fees associated with an overdraft on the applicable Payment Method or other payment account.  If at any time you fail to make payment of Fees when due, if we are having problems verifying your information, or if your Payment Method or other payment account is out of date or is unable to be used by us to charge the Fees to you, then we may in good faith attempt to notify you by telephone or by email to the email address we have on file for your account.  Failure to pay Fees on a timely basis and/or failure to provide up-to-date and accurate Payment Method or other payment account information may result in, but is not limited to, suspension or termination of your access to the Application (in addition to, and not in lieu of, our other rights under these Terms of Service, at law or in equity).  We also reserve the right to charge additional processing or late fees, determined in our sole discretion, if you fail to pay all Fees on time or if your Payment Method or other payment account is not up-to-date, accurate or otherwise able to be used to charge the Fees.  If we have reason to believe your purchase is fraudulent or otherwise in violation of these Terms of Service, we may cancel your order in our sole and absolute discretion.
3. Promotional Pricing.  Your subscription to the Application may start with or otherwise be provided with a free trial offer, promotional pricing or other discount (a “Promotion”).  Promotions apply only for the period and only on the terms as specified.  We reserve the right, in our and their sole and absolute discretion, to determine your Promotion eligibility and will notify offenders of any perceived fraudulent activity, which may result in, but is not limited to, suspension or termination of your access to the Application (in addition to, and not in lieu of, our other rights under these Terms of Service, at law or in equity).
4. Changes to Fees.  Our pricing is subject to change at any time, provided that for any increases to recurring subscription Fee payments we will provide you with at least thirty days’ prior notice before any subscription Fee price increases will be charged to you. In connection with our prior notice to you of any Fee increase for recurring subscriptions, you will be given an opportunity to cancel your subscription before incurring any charges for the increased Fees.  If you do not cancel before the next recurring payment is scheduled to be charged (when we have indicated the Fee increase will take effect), the recurring payment at the increased rate will automatically be charged to your Payment Account for the applicable period and in each period thereafter until the subscription period has ended.
5. Subscription Period and Cancellation.  If you elect to purchase a recurring subscription to the Application, your subscription to the Application will automatically recur on an annual basis (or for an alternate period described for you at the time you submit your subscription order to us).  You may cancel your subscription at any time by logging in to your account on the Application and adjusting the settings in your account (such as by selecting the “Cancel My Subscription” or similarly-worded option and following the prompts that appear) or by emailing us at info@motoamerica.com.  If you submit your cancellation request to us by email, we ask that you include “Subscription Cancellation” or a similar message in the subject line of your email to ensure prompt processing, and please allow us a reasonable amount of time for processing your request.  Cancelling your subscription will stop any future recurring charges, but this will not result in a refund of any previously-paid Fees or charges.  No refunds are provided for Fees or charges already paid.  If you cancel, your subscription to the Application (e.g., access to video streaming and related content) will continue until the end of the last period for which you have paid.  If your subscription is due to renew and your payment method fails, your subscription will be automatically cancelled at the end of the current subscription period
6. Deletion of Account Data.  Please note that cancelling your subscription and/or terminating these Terms of Service will not automatically result in the deletion of any of your personal information associated with your account.  To request deletion of your personal information associated with your account please contact us with your request at info@motoamerica.com.

7. Accessing the Platform and Account Security.

We reserve the right to withdraw or amend the Platform, and any service or material we provide through the Platform, in our sole discretion without notice.  We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period.  From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including paid subscribers.

You are responsible for making all arrangements necessary for you to have access to the Platform.  To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information.  You must provide information that is correct, current and complete.  You agree that all information you provide to register with this Platform or otherwise, including but not limited to through the use of any interactive features on the Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.  

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.  You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform or portions of it using your user name, password or other security information.  If you permit any other person to use your account, you will be responsible for their activities while using the Platform.  You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.  You also agree to ensure that you exit from your account at the end of each session.  You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.  We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion if, in our opinion, the continued use of that user name, password or other identifier would be inappropriate.

When using our Platform your telecommunications carrier’s normal rates and charges may apply.  We are not responsible for any charges you incur from your telecommunications carrier as a result of use of our Platform.  You are responsible for ensuring that, at all times while using our Platform, you are not in violation of your agreement with your telecommunications carrier.

8. Intellectual Property Rights.

The Platform and its entire contents, features and functionality (including but not limited to the Platform Content) are owned by the Company, 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.  Product names are trademarks or registered trademarks of their respective owners.  

Your computer may temporarily store copies of Platform Content incidental to your accessing and viewing those materials, and your Web browser may store files that are automatically cached for display enhancement purposes.  You must not otherwise reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Platform Content, except as follows:

• If we choose to provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by these Terms of Service.

You must not modify copies of any Platform Content nor use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.  You must never delete or alter any copyright, trademark or other proprietary rights notices from copies of Platform Content.  You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Website.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Platform in breach of these Terms of Service, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.  No right, title or interest in or to the Platform or any content on the Platform is being transferred to you, and all rights not expressly granted are reserved by the Company.  Any use of the Platform not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.

9. Trademarks.

The Company name, the terms MotoAmerica®, Baggers on the Banks™, King of the Baggers®, MTRSPT1® and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors.  You must not use such marks without the prior written permission of the Company.  All other names, logos, product and service names, designs and slogans on this Platform are the trademarks of their respective owners.

10. Prohibited Uses.

You may use the Platform only for lawful purposes and in accordance with these Terms of Service.  You agree not to use the Platform or knowingly aid or assist any other person or entity to use the Platform:

• In any way that infringes, misappropriates, or otherwise violates any intellectual property right or applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To send, receive, upload, download, use or re-use any material that does not comply with the Content Standards set out in these Terms of Service.
• To transmit any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company 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 Platform, or that may harm the Company or users of the Platform or expose them to liability.
• For the purpose of developing, marketing, distributing, licensing or selling any product or service that competes with the Platform or disclosing to our competitor, for any purpose, otherwise non-public information about the Platform or our services.

Additionally, you agree not to use the Platform in any manner that could disable, overburden, damage or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.  Without limitation, you must not (and must not knowingly aid or assist any other person or entity to):

• Reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive, gain access to or discover the source code of the Platform or the underlying structure, ideas, know-how, algorithms or methodology relevant to the Platform.
• Use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
• Introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious, technologically harmful or unlawful or attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
• Bypass, breach or disable any security device, copy control, digital rights management tool or other protection used by the Platform.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, any server, computer or database connected to the Platform, or our ability to provide the Platform and our services to any other person or entity.

11. User Contributions.

The Platform may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons content or materials (collectively, “User Contributions”) on or through the Platform.

You must own or control all rights in and to your User Contributions, and all of your User Contributions must comply with the Content Standards set out in Section 12 of these Terms of Service.  Any User Contribution you post to the Platform will be considered non-confidential and non-proprietary.  By providing any User Contribution on the Platform, you grant the Company and its affiliates and service providers the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute and that you have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible for the content or accuracy of any User Contributions posted by you or any other user of the Platform.  If you have a dispute with one or more users of the Platform in connection with your use of the Interactive Services, you release us (and our owners, officers, directors, agents and employees) from claims, demands and damages (including, but not limited to, actual, special, consequential and punitive) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

12. Content Standards.

User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations.  Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service or our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote or assist any unlawful act.
• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

13. Monitoring and Enforcement; Termination.

We have the right to take any actions that we consider to be appropriate to ensure that the Platform is operated in an appropriate manner.  We may remove or refuse to post any User Contributions for any or no reason in our sole discretion, and we may take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public or could create liability for the Company.  We may disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.  We may terminate or suspend your access to all or part of the Platform for any reason that we determine to be adequate, including any violation of these Terms of Service.

WITHOUT LIMITING THE FOREGOING, WE HAVE THE RIGHT TO FULLY COOPERATE WITH ANY LAW ENFORCEMENT AUTHORITIES OR COURT ORDER REQUESTING OR DIRECTING US TO DISCLOSE THE IDENTITY OR OTHER INFORMATION OF ANYONE POSTING ANY MATERIALS ON OR THROUGH THE PLATFORM.  YOU WAIVE ANY RIGHT TO ASSERT ANY CLAIMS RESULTING FROM ANY SUCH ACTION TAKEN BY THE COMPANY.

We do not undertake to review all material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted.  Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.  We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

14. Copyright Infringement.

We take claims of copyright infringement seriously and will respond to notices of alleged copyright infringement that comply with applicable law.  If you believe that any materials on our Platform violate your copyright, please see our Copyright Policy at https://new.motoamericaliveplus.com/copyright-policy for instructions on sending us a notice of copyright infringement.  It is the policy of the Company to terminate the user accounts of repeat infringers.

15. Reliance on Information Posted.

The information presented on or through the Platform is made available solely for general information purposes.  We do not warrant the accuracy, completeness or usefulness of this information, and any reliance you place on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.

The Platform may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services.  All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials.  These materials do not necessarily reflect the opinion of the Company.  We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

16. Changes to the Platform.

We may make any changes to the Platform (including, without limitation, the design, look and feel, functionality, content, material, information, and/or services provided via the Platform) that we deem necessary or useful to improve the Platform.  Such changes may include upgrades, bug fixes, patches, error corrections, modifications, enhancements, improvements and/or new features (collectively, “Updates”).  All Updates shall be deemed a part of the Platform governed by all the provisions of these Terms of Service pertaining thereto. Though we may update the content on the Platform from time to time, we do not warrant that content on the Platform is necessarily complete or up-to-date.  Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.

17. Links to Other Sites and Third-Party Materials.

You may create a link from another site that you own to our Website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.  You must not establish such a link in such a way as to suggest any form of association, approval or endorsement on our part.  You may not establish a link from any website that is not owned by you and you may not link to any part of the Website other than the homepage.  Any website on which you create a link must comply in all respects with the Content Standards set out in these Terms of Service.  We reserve the right to withdraw linking permission without notice. 

The Platform may display, include or make available certain third-party content (including data, information, applications and other products, services and/or materials) or provide links to third-party websites, social media platforms or other services, including through third-party advertising (the “Third-Party Materials”).  If the Platform contains such Third-Party Materials, you acknowledge that these Third-Party Materials are provided for your convenience only.  We have no control over the contents of Third-Party Materials, and accept no responsibility for them, including for their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof, or for any loss or damage that may arise from your use of them.  If you decide to access any of the Third Party Materials, you do so entirely at your own risk and subject to any applicable terms and conditions governing such Third Party Materials.  We reserve the right to change, suspend, remove, disable or impose access restrictions or limits on any Third-Party Materials at any time without notice or liability to you.

The Platform may provide certain social media features that enable you to link from your own or certain third-party websites to certain content on the Platform, send e-mails or other communications with certain content, or links to certain content, on the Platform, or cause limited portions of content on the Platform to be displayed or appear to be displayed on your own or certain third-party websites.  You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features.  In addition to the limitations on linking set forth above, you may not cause the Platform or portions of it to be displayed, or appear to be displayed by framing, deep linking or in-line linking on any other site.

18. Geographic Restrictions.

The owner of the Platform is based in the state of California in the United States.  We provide the Platform for use only by persons located in the United States.  We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States.  Access to the Platform may not be legal by certain persons or in certain countries.  If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

19. Disclaimer of Warranties.

We strive to provide a reliable and useful experience when using the Platform, but we do not guarantee that the Platform will be available at any specific time and will not be liable for any reason if you cannot access the Platform.  We cannot and do not guarantee or warrant that files available for downloading from the Internet or the Platform will be free of viruses or other destructive code.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.  WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM, OR DUE TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK.  THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.  NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM.  

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

20. Limitation on Liability.

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND OR NATURE, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCTS LIABILITY, BREACH OF CONTRACT OR OTHERWISE, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.

OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE PLATFORM OR ARISING FROM THESE TERMS OF SERVICE SHALL NOT EXCEED THE GREATER OF (I) $100.00 OR (II) THE AGGREGATE AMOUNT YOU HAVE PAID TO US IN FEES, IF ANY, FOR OUR SERVICES IN THE PRIOR TWELVE (12) MONTH PERIOD.  NOTWITHSTANDING THE FOREGOING, WE WILL HAVE NO LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR DAMAGES, LOSSES OR LIABILITIES OF ANY KIND OR NATURE IN ANY WAY IN REGARDS TO OR RELATING TO ANY THIRD-PARTY MATERIALS.

THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.  THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

21. Indemnification.

You agree to defend, indemnify and hold harmless the Company and its affiliates, and their licensors, service providers, employees, agents, officers and directors, from and against any claims, actions, settlements, liabilities, damages, judgments, awards, losses, costs, deficiencies, interest, expenses or fees of whatever kind (including actual attorneys’ fees) arising out of or relating to your violation of these Terms of Service.

22. Dispute Resolution; Binding Arbitration; Governing Law.

(a) PLEASE READ THIS SECTION CAREFULLY, BECAUSE WE WANT YOU TO KNOW AND UNDERSTAND HOW IT AFFECTS YOUR RIGHTS.  

(b) If you have an issue with the Platform, we encourage you to review our frequently asked questions page or contact our dedicated support services team by e-mail at info@motoamerica.com or by telephone at 714-242-5954.

(c) If the guidance on our frequently asked questions page or our support services team is unable to resolve any issues, then you and we agree that we will first attempt to settle any claim, controversy or dispute arising out of or relating to these Terms of Service through consultation and negotiation, in good faith and a spirit of mutual cooperation.  

(d) If the parties cannot resolve the claim, controversy or dispute within sixty (60) days through direct consultation and negotiation, then the claim, controversy or dispute shall be determined by final and binding arbitration to be administered by JAMS under its Comprehensive Arbitration Rules and Procedures.  The dispute shall be arbitrated by one mutually acceptable arbitrator.  If the parties are unable to agree upon a single arbitrator, then the parties shall choose an arbitrator by striking from a list of arbitrators supplied by JAMS.  The arbitration proceeding must be completed through the rendering of the award within six months of the selection of the arbitrator.  The arbitration hearing shall be no longer than five consecutive business days to be equally divided between the parties.  The arbitrator shall not have the power to award any punitive or exemplary damages nor attorneys’ fees to either party.  The award of the arbitrator shall be accompanied by a written explanation of the basis of the award.  The decision of the arbitrators shall be final and binding and may be enforced in any court of competent jurisdiction.  

(e) The procedures set forth in this Section 22 are the exclusive means for resolving any claims, controversies or disputes of any nature whatsoever between the parties (whether in contract, tort or otherwise, including statutory, common law, fraud (whether by misrepresentation or by omission) or other intentional tort, property or equitable claims) arising out of or relating to the Platform, these Terms of Service, or the validity, scope, interpretation or enforceability of this Section 22, and neither party may initiate or maintain any proceeding in any court or similar tribunal relating to any dispute within the scope of this Section 22; provided that either party may seek temporary equitable relief to the extent reasonably necessary to protect its rights under these Terms of Service, in each case from a court of competent jurisdiction.

(f) These Terms of Service and the rights of the parties hereunder shall be governed by and construed in accordance with the laws the State of California, exclusive of conflict or choice of law rules. The parties expressly waive and disclaim the applicability of the United Nations Convention on the International Sale of Goods to the fullest extent permitted by law.  The parties acknowledge that these Terms of Service evidence a transaction involving interstate commerce.  Notwithstanding the provision immediately above with respect to applicable substantive law, any arbitration conducted pursuant to these Terms of Service shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).  

(g) YOU AND THE COMPANY AGREE TO ARBITRATE IN EACH OF OUR INDIVIDUAL CAPACITIES ONLY, AND NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS, AND EACH OF US EXPRESSLY WAIVES ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.  YOU AGREE THAT ANY ARBITRATION PROCEEDING WILL ONLY CONSIDER YOUR CLAIMS.  CLAIMS BY, OR ON BEHALF OF, OTHER INDIVIDUALS, WILL NOT BE ARBITRATED IN ANY PROCEEDING CONSIDERING YOUR CLAIMS.  YOU AND THE COMPANY UNDERSTAND AND AGREE THAT, BECAUSE OF THIS SECTION 22, NEITHER YOU NOR THE COMPANY WILL HAVE THE RIGHT TO GO TO COURT (EXCEPT AS PROVIDED HEREIN) OR TO HAVE A JURY TRIAL OR PARTICIPATE AS ANY MEMBER OF A CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM.

(h) Except as may be required by law, neither you nor the Company nor any arbitrator may disclose the existence, content or results of any claim, controversy or dispute under, arising out of or relating to these Terms of Service or arbitration hereunder without the prior written consent of both parties, unless to protect or pursue a legal right.

(i) Notwithstanding anything to the contrary in the foregoing, no party shall be precluded from bringing an individual claim in small claims court only, to the extent the applicable claim is within the jurisdictional limits of such court.  The parties hereby agree to bring any such claim exclusively in the courts of the State of California located in Orange County, California, and you and the Company hereby irrevocably submit to the exclusive jurisdiction of such courts in any such claim.

(j) This agreement to arbitrate may be enforced by the parties to these Terms of Service and their permitted successors and assigns, and shall survive the termination or breach of these Terms of Service.

23. Limitation on Time to File Claims.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 

24. Waiver, Severability and Amendment.

No waiver by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure or delay of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.  If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction 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 the Terms of Service will continue in full force and effect.  Except as set forth in Section 3 above, no change, consent or waiver under these Terms of Service will be effective unless in writing and signed by the party against which the enforcement is sought.

25. No Third Party Beneficiaries.

Except as provided in the immediately following sentence, these Terms of Service are for the sole benefit of the parties hereto and their respective successors and permitted assigns and/or heirs, executors, administrators, affiliates and legal representatives and nothing herein, express or implied, is intended to or will confer on any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms of Service.  If (and only if) you are accessing and using the Application in connection with an iOS-based product, you acknowledge and agree that Apple Inc. (“Apple”), and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service and, upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third party beneficiary hereof.

26. Coordination with Apple Minimum Terms.

If (and only if) you are accessing and using the Application in connection with an iOS-based product, then the additional terms and conditions of this Section 26 apply to you.  These Terms of Service are concluded between you and the Company only, and not with Apple.  You and the Company each acknowledge that the Company, and not Apple, is responsible for the Application and the content thereof, subject to the terms and conditions of these Terms of Service.  You and the Company each acknowledge that Apple does not have any obligation whatsoever to furnish any maintenance or support services with respect to the Application.  You and the Company each acknowledge that, as between the Company on the one hand, and Apple on the other, the Company (and not Apple) is responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation, in each case subject to the terms and conditions of these Terms of Service.  To the maximum extent permitted by applicable law, Apple will not have any warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the Company’s sole responsibility, subject to the terms and conditions of these Terms of Service.  In the event of any third party claim that the Application or your possession and use of the Application in accordance with these Terms of Service infringes that third party’s intellectual property rights (an “Infringement Claim”), the Company (and not Apple), will be solely responsible for the investigation, defense, settlement and discharge of any such Infringement Claim.  Notwithstanding the foregoing, the Company will have no liability or obligation with respect to any Infringement Claim to the extent based upon or arising out of: (a) access to or use of the Application in combination with any hardware, system, software, network or other materials or service not provided by the Company (or authorized in the Application’s documentation or otherwise in writing by the Company); (b) modifications or configurations made to the Application, as applicable, by anyone other than the Company (or a party acting under the Company’s direction) without the Company’s prior written consent; or (c) any action taken by you relating to use of the Application that violates these Terms of Service or is otherwise outside the scope of the rights and authorizations granted in these Terms of Service.

27. Entire Agreement.

The Terms of Service, our Privacy Policy, our Copyright Policy, and, if applicable, the MotoAmerica® Terms and Conditions for the Online Sale of Goods and Services and any related order confirmation, constitute the sole and entire agreement between you and Krave Group, LLC, d/b/a MotoAmerica® with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform.

28. Your Comments and Concerns.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the Platform should be directed to: info@motoamerica.com.