Terms of Service
1. Acceptance of Terms
MOTI™ Sports, Inc. (“MOTI Sports,” “MOTI,” “Company,” “we,” “us,” “our”) provides its service to you subject to the following Terms of Service (“TOS”). We may update this TOS by posting a new version to our website, and your continued use of the Service after such update constitutes your binding acceptance of such changes. If you do not agree to be bound by this TOS, you should discontinue all use of the Service immediately.
The Service available on and through this website and our MOTI Soccer App (the “Service”, “Site” and “App”) are provided by MOTI Sports, Inc. (“MOTI Sports”).
You may use the Service only if you can form a binding contract with MOTI Sports, and only in compliance with this TOS and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by MOTI Sports.
- Service License Grant
Subject to the terms and conditions of this TOS, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only (unless you are an Organization, as defined below) and as permitted by the features of the Service. MOTI Sports reserves all rights not expressly granted herein in the Service and the MOTI Sports Content (as defined below). You may not sell or modify the material or reproduce, republish, display, publicly perform, distribute, or otherwise use the material in any way for any public or commercial purpose. Unauthorized use of the Services for any other purpose is prohibited. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Site or the Services. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Site or its content without our prior written permission.
- MOTI Sports Accounts
Your MOTI Sports account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users, such as teams, leagues, associations, other organizations or entities and their representatives (“Organization(s)”), players, parents, or volunteers. If you open a MOTI Sports account on behalf of a company, Organization, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this TOS (and to any related agreements, such as order forms, which you agree to on its behalf), and that you agree to this TOS on the entity’s behalf. By connecting to MOTI Sports with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify MOTI Sports immediately of any breach of security or unauthorized use of your account. You agree that MOTI Sports will not be liable for any losses caused by any unauthorized use of your account or of any password you create for your account.
You may control your User profile and how you interact with the Service by changing the settings in your settings page. By providing MOTI Sports with your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page; provided that you may not opt-out of Service-related e-mails. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
2. Description of Service
MOTI offers its users the opportunity to register for updates, shares notes and similar material as part of its apps and enjoy other rich content on its website at www.motisports.com.com (collectively, the “Service”). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to this TOS.
3. Your Registration Obligations
In consideration of your use of the Service, you represent that (a) any registration information you submit is truthful and accurate; (b) you are 13 years of age or older and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction; and (c) your use of the Services does not violate any applicable law or regulation. Any registration of the Service by, anyone under the age of 13 is not authorized and is a violation of the TOS. Registration for persons under the age of 13 can be created by parent or legal guardian or by an approved educational institution. By registering as a user of the Service, you agree to provide accurate, current and complete information about yourself as prompted (such information being the “Registration Data”) and maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or MOTI has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, MOTI may deny you access to areas requiring registration, at its sole discretion.
In order to participate in certain Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Any such additional terms are hereby incorporated by reference into this Agreement.
Children’s Data Privacy
5. Account Password and Security
Some features of the Service require registration (“Restricted Areas”). At the time of registration for online account access, you must provide a valid email address.
As a result of your registration for the Service, you may receive certain communications from MOTI. You understand and agree that these communications are part of your registration.
You acknowledge, consent and agree that MOTI may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary: (i) to comply with legal process; (ii) to enforce the TOS; (iii) to respond to claims that any content violates the rights of third parties; (iv) to respond to your requests for customer service; or (v) to protect the rights, property, or personal safety of MOTI, its users and the public.
When you sign up to become a User, you maybe asked to create a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another User at any time or disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all uses of your account.
6. User Conduct
Your right to use the Services is conditioned on your compliance with this section. You agree not to post on this Site or through the Services, User Content that is:
- patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or group; exploits people in a sexual or violent manner; or contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from any User; provides any User telephone numbers, street addresses, last names, URLs or email addresses; involves the transmission of “junk mail,” “chain letters,” or “unsolicited mass mailing”, “instant messaging”, “phishing”, “spimming” or “spamming”; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or video or links to pirated files;
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; and
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
Further, you agree not to use the Services to participate in:
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, phishing, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or violation of the privacy or publicity rights of third parties;
- advertising to, or solicitation of, any User to buy or sell any products or services through the Services. You may not transmit any chain letters or junk email to other Users. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect our Users from such advertising or solicitation, MOTI Sports reserves the right to restrict the number of emails that a User may send to other Users;
You agree not to cover or obscure any advertisements on the Site, or interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services. You agree not to attempt to impersonate another User, and you acknowledge that the Services are for public and not private communications and that you have no expectation of privacy with regard to any User Content. We cannot guarantee the security of any information you disclose; you make such disclosures at your own risk. Also, you should be skeptical about information provided by others, and you acknowledge that the use of any User Content on this Site is at your own risk.
If you become aware of misuse of the Services by any person, please contact MOTI Sports at firstname.lastname@example.org. MOTI Sports reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.
You understand that all materials submitted by users (“User Materials”), including but not limited to profile information and communications with other users, whether privately transmitted or made publicly available, are the sole responsibility of the person from which such User Materials originated. This means that you, not MOTI Sports are entirely responsible for all User Materials that you upload, post, share, email, transmit, or otherwise make available via the Service. Under no circumstances will MOTI Sports be liable in any way for any User Materials uploaded, posted, shared, emailed, transmitted or otherwise made available via the Service.
You acknowledge that MOTI Sports may or may not pre-screen User Materials, but that MOTI Sports and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, and/or move any User Materials that are available via the Service. Without limiting the foregoing, MOTI Sports and its designees shall have the right to remove any User Materials that violate the TOS or are otherwise objectionable in MOTI Sports’ sole discretion. You understand that by using the Service, you may be exposed to User Materials that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Materials. You further acknowledge and agree that you will not rely on any content available on or through the Service.
With respect to User Materials you submit or make available on the Service, you grant MOTI Sports an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Materials (in whole or in part) and to incorporate such User Materials into other works in any format or medium now known or later developed.
You agree to indemnify and hold MOTI Sports, the MOTI Sports Entities, and their subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site and Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any User Content posted on the Site or through the Services causes MOTI Sports to be liable to another third party or User.
MOTI Sports does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) that you post or upload to the Site and/or through the Services (“User Generated Content”). After posting or uploading your User Generated Content to the Site and/or through the Services, you continue to retain all your ownership rights in such User Generated Content.
You are solely responsible for any third party Content in your User Generated Content and for the use of the User Generated Content, including on our Site and through the Services. We reserve the right to remove such content or your User Generated Content if required by such third parties.
To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the User Content exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or the MOTI Sports Entities, and you shall procure the same agreement not to enforce from any others who may possess such rights. You agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any User Content posted by you to or through the Services.
7. Notice and Procedure for making Claims of Copyright or Intellectual Property Infringement
MOTI Sports may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. If you are a copyright owner or authorized agent and believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, or if you believe that your rights have otherwise been violated by the Services, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
MOTI’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached in the following way:
By email: email@example.com
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your User Content, you may send a counter-notice pursuant to the DCMA containing the following information to the Copyright Agent:
- your physical or electronic signature;
- Identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification of the User Content; and
- your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Nebraska, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, MOTI Sports may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the User Content provider, member or user, the removed User Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
8. Non-Commercial Use
By registering for the Service, you acknowledge and agree that the Service is for personal use only (unless you are an Organization, as defined below) and as permitted by the features of the Service . You may copy information from the Service for personal use, such as to view, print, or email the information, but you warrant that you will not, under any other conditions, reproduce, duplicate, copy, sell, trade, resell, modify, distribute, decompile, disassemble, or reverse engineer any portion of the Service.
You agree to defend, indemnify, and hold harmless MOTI Sports and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above, such as your failure to obtain any necessary consents for submission of User Content or other information to the Service or to MOTI Sports; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any of your User Content or any that is submitted via your account; (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code; (vii) your involvement with or participation in any Organizations’ activities (if applicable); (viii) in the case of an Organization, any other User’s involvement with you or participation in your activities (if applicable); (ix) your use of background screening services, inaccuracies in the screening results, or the reliance on those background screenings by any third parties; and/or (x) in the case of an Organization, your violation of any term of the Sub-Merchant Agreement, if applicable. Your obligations under this Section 9 will survive termination of the Terms of Service “TOS” Agreement.
10. Modifications to Service
MOTI Sports reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof), including the Restricted Areas, with or without notice. You agree that MOTI Sports shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service.
You agree that MOTI Sports may, in its sole and absolute discretion and without notice or liability to you or any third party, immediately terminate your access to the Restricted Areas. Grounds for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other agreements or guidelines, (b) requests by law enforcement or government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification of the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your account(s) may include (a) removal of access to all offerings within the Service’s Restricted Areas, and (b) barring further use of the Service’s Restricted Areas.
12. Dealings with Advertisers, Other Users and Third-Party Material
Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or through the Service, such as through banner ads or hyperlinks displayed on the Service, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that MOTI shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Service.
The Site contains links to web sites not operated or maintained by MOTI Sports. These links are provided solely as a convenience to you the User and not as an endorsement by MOTI Sports of the contents of such third party web sites. MOTI Sports is not responsible for the content of the sites of others and makes no representation regarding the content or accuracy of materials on such sites. If you decide to access linked third-party web sites, you do so at your own risk, and waive any and all claims against MOTI Sports regarding the inclusion of links to outside web sites or your use of those web sites.
14. Our Property Rights
All title, ownership and intellectual property rights in and to the Service are owned by MOTI Sports or its licensors. You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by MOTI Sports, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part.
The Service, as well as certain Content available therein (together, “MOTI Sports Intellectual Property”), are protected by copyright, trademark, patent, trade secret and other intellectual property laws in the United States and other countries, and MOTI Sports owns and retains all such rights in the MOTI Sports Intellectual Property. MOTI Sports hereby grants you a limited, revocable, non-sub licensable license to reproduce and display the MOTI Sports Intellectual Property solely for your personal use in connection with viewing the Site and using the Services. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any MOTI Sports Intellectual Property appearing on the Site or through the Services.
Without limiting the foregoing, MOTI Sports, and logos, are trademarks of MOTI Sports, protected under international law, the laws of the United States and other countries. Other parties’ trademarks used, depicted or identified on this Site are the property of their respective owners, used here by permission, and may be registered in one or more countries. Use on this Site of the trademark(s) (including, but not limited to, names and logos) of any other party is not intended to imply MOTI Sports’s affiliation with or endorsement of that party, or that party’s sponsorship or endorsement of MOTI Sports and their products or services.
15. DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
- Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “as available” basis. MOTI Sports expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. MOTI Sports assumes no responsibility for the timeliness, deletion, mis-delivery or failure to provide any content.
- Any content downloaded or otherwise obtained through the Service is downloaded and used at your sole discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download or use of any such content.
- No advice or information, whether oral or written, obtained by you from MOTI Sports or through or from the Service shall create any warranty not expressly stated in the TOS.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOTI SPORTS OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, MOTI SPORTS, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT (INCLUDING WITHOUT LIMITATION ANY INFORMATION PROVIDED IN CONNECTION WITH BACKGROUND SCREENING) IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. MOTI SPORTS does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the background screening materials provided to you if you choose to use the background screening tool.
MOTI SPORTS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MOTI SPORTS SERVICE OR ANY HYPERLINKED OR EMBEDDED WEBSITE OR SERVICE (INCLUDING WITHOUT LIMITATION THOSE OFFERED BY OTHER USERS, SUCH AS ORGANIZATIONS), AND MOTI SPORTS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
16. Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOTI SPORTS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL MOTI SPORTS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOTI SPORTS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL MOTI SPORTS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING $25.00.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MOTI SPORTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
17. Exclusions and Limitations
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Service is controlled and operated from facilities in the United States. MOTI SPORTS makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
MOTI Sports may provide you with notices, including those regarding changes to the TOS, by email, regular mail, or postings on the Service; provided, however, that this Section places no requirements on MOTI Sports not already expressly set forth herein.
19. Governing Law, Arbitration, and Class Action / Jury Trial Waiver
- Governing Law
You agree that: (i) the Service shall be deemed solely based in Minnesota; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Minnesota. This Agreement shall be governed by the internal substantive laws of the State of Minnesota, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Hennepin County, Minnesota for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Hennepin County, Minnesota is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM MOTI Sports. For any dispute with MOTI Sports, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. In the unlikely event that MOTI Sports has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, Inc. (“JAMS”), under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Hennepin County, Minnesota, unless you and MOTI Sports agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing MOTI SPORTS from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
- Class Action/Jury Trial Waiver
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND MOTI SPORTS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
20. Refund Policy.
Because MOTI SPORTS is offering a subscription and allows subscriber to use the site for a trail period, MOTI Sports does not offer a refund. However, MOTI Sports reserves the right to change this policy at any time, therefore.
To request a refund, please email email@example.com with the following information:
- Email Address
- User name
- First & Last Name
- Mailing address
- Phone number
- Name of Service being subscribed to
- Date your subscription began
- Reason for your refund request
MOTI Sports will process your request within 45 days.
For this reason, we strongly recommend that before payment, our Users:
- Read our Terms of Service “TOS” (this document)
· Do not allow children or other unauthorized family members or friends to access your credit cards or your account at the payment site to ensure that no one pays for a Subscription without your permission.
By making a payment for Subscription to our site, you acknowledge that you have read and agree to the above Refund Policy.
20. General Information
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MOTI Sports without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
- Notification Procedures and Changes to the Agreement
- Entire Agreement/Severability
This Agreement, together with any amendments and any additional agreements you may enter into with MOTI Sports in connection with the Service (such as Subscriber Terms and Conditions, order forms, or statements of work), shall constitute the entire agreement between you and MOTI Sports concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
- No Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and MOTI Sports ‘s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.