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TERMS OF USE
This Terms of Use (the "Agreement" or "Terms of Use"), governs Your (defined below) use of the MotorvatorBoard, Inc. ("MotorvatorBoard" or "Our") web site. Our web site includes the MotorvatorBoard pages. Our web site is available for Your use only on the condition that You agree to the terms and conditions set forth below, all with the intention to form a legally binding agreement. IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU SHOULD SIGNIFY YOUR ACCEPTANCE BY CLICKING THE "I AGREE" BUTTON AT THE BOTTOM OF THIS DOCUMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU SHOULD IMMEDIATELY EXIT THE WEB SITE.
1. USER ELIGIBILITY
The web site is provided by MotorvatorBoard and available only to entities and people who can form legally binding agreement(s) under applicable law ("You," "Your" or "User"). Accordingly, You must be 18 years or older to use this web site. If You do not qualify, You are not permitted to use the web site.
2. DESCRIPTION OF THE WEB SITE
MotorvatorBoard provides Users with on-line access to information regarding sales data, which displays and ranks the profitability of persons or items within Your business (the "Service"). MotorvatorBoard may also provide new features or information on the web site, which shall be subject to this Agreement. YOU UNDERSTAND AND AGREE THAT THE WEB SITE IS PROVIDED "AS-IS" AND THAT MOTORVATORBOARD ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, ACCURACY, DELETION, MISDELIVERY OF ANY INFORMATION, USEFULNESS OR SERVICES OR OTHER MATERIALS PROVIDED THROUGH THE WEB SITE OR ON THE INTERNET GENERALLY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS.
3. GENERAL PRACTICES REGARDING USE
You acknowledge and agree that MotorvatorBoard may establish, at any time, general practices and limits concerning the use of the web site, including without limitation, restrictions on accessing the web site in any given period of time. You agree that MotorvatorBoard has no responsibility or liability for the deletion or failure to store any communications or information collected, maintained or transmitted by the web site. You acknowledge that MotorvatorBoard reserves the right to change these general practices and limits at any time, in its sole discretion. You agree that You will be bound by the new terms or modifications within ten (10) calendar days of notice from Us regarding the change or modification.
You shall be solely responsible for ensuring that all of Your use and Your associates use of the Service will comply with the terms and conditions set forth herein.
4. LICENSE AND WEB SITE ACCESS
MotorvatorBoard grants You a limited, personal, nontransferable, non-assignable, nonsublicenseable, revocable worldwide license to access and make personal use or non-commercial use within Your organization, of the web site. This license does not include any resale or commercial use of the web site; any derivative use of the web site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or forms) of MotorvatorBoard and Our affiliates without express written consent.
You grant to Us a non-exclusive, worldwide, perpetual, irrevocable, royalty free right and license to: (1) reproduce, transmit, transmit and use all information provided by You or Your associates in order to provide the Service and (2) to Use your personal information in accordance with Our Privacy Policy.
5. PASSWORDS
When You sign up for Our Service You will be given a computer generated user name and password. After signing up, upon Your first sign on to the Service You will be prompted to change Your password to something easier to remember. Each User will be given three choices of password levels:
1. View Only: this password should be given to sales associates so they can view their sales data and compare his/her performance to other sales associates.
2. Input Password: this password should be assigned to the individuals given the duty of inputting the details of the items sold.
3. Owner Password: this password should be given to senior management or the owner of Your Company. This password will allow You to access sales data for multiple companies under Your common ownership.
You are responsible for keeping all passwords and user names assigned to You secret and confidential. You agree that You are solely responsible for any communications or other uses that are made using Your password or user name, as well as for any obligation, which may result from such use. You are responsible for changing Your password if You believe that Your password has been stolen or might otherwise be misused.
6. YOUR OBLIGATIONS
You agree that You will use the web site in a manner that complies with all applicable, international, federal, state and local laws.
You agree that You will not:
1. impersonate any person or entity, including, but not limited to, a MotorvatorBoard official, forum leader, guide or host, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
2. forge headers or otherwise manipulate identifiers in order to disguise the origin of information transmitted through the web site;
3. use the Service to compromise in anyway the integrity of the web site, or the information available through the web site;
4. forge an electronic signature;
5. disclose Your password to a third party;
6. place false or misleading information on the web site;
7. misuse the Service; or
8. use another's password.
You agree that You will only access information regarding Your Company or Companies under Your common ownership.
7. PRICES
We have eight (8) pricing plans providing access to Our Service. These are designed to appeal to the broadest range of consumers. Of the eight (8) offered plans, we hope that one of them will fit Your individual needs. CLICK HERE to view our pricing plans.
* Pricing plans do not include premium services, which include on site training. Please contact us at sales@motorvatorboard.com, if You wish to hear more about or sign up for Our premium service plan.
When You sign up for Our Service You will provide Us with Your credit card number. Your credit card will be debited each month the amount due and owing under Your qualified pricing plan until the Service is terminated. Please note that You will be charged according to the number of sales associates, accordingly, as Your sales staff increases Your price will increase, as well. You acknowledge and agree that You will pay all fees associated with Your use as well as your sales staff use of the Service. If Your credit card expires, You agree to promptly provide Us with a valid credit card number.
If You wish to use Our Service but do not wish to have Your credit card debited each month, please contact us at sales@motorvatorboard.com to set up alternative billing. All payments shall be due within thirty (30) calendar days following the notice of any payment due to You. All late payments will be subject to a service charge.
8. RESTRICTIONS ON USE
All pages within the web site and any material made available therefrom (other than the information You input) are the property of MotorvatorBoard and/or its affiliates or other third parties. The web site and portions of the web site are protected by federal and international copyright and trademark laws. Other than Your own sales information, this Agreement does not grant any license to modify or alter the material(s) on the web site that are viewed, downloaded or otherwise accessed by You. You shall keep in tact all proprietary notices, including copyright notices, contained on any materials and shall comply with any applicable end user license agreements. You may not input or upload to the web site any information which contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, the web site or information or that infringes the Intellectual Property (defined hereafter) rights of another.
MotorvatorBoard reserves any rights not expressly granted by this Agreement or any applicable end-user license agreement(s).
9. DISCLOSURE OF CONTENT/MONITORING
Although MotorvatorBoard has no obligation to monitor any information provided to the web site by its Users, it reserves the right to monitor, retain, and disclose such information if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to comply with legal requirements, respond to claims that any information violates the rights of third parties, or protect the rights, property or personal safety of MotorvatorBoard, its users or the public.
You acknowledge and agree that the use of or connection to the Internet is inherently insecure and that connection to the Internet provides opportunity for unauthorized access by third parties to Your computer system, networks and any information stored therein.
10. INTELLECTUAL PROPERTY OWNERSHIP
Any and all intellectual property rights associated with the web site including without limitation, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents ("Intellectual Property") are the sole and exclusive property of MotorvatorBoard. Except as otherwise expressly authorized by this Agreement, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the web site in any way without MotorvatorBoard or the appropriate third party's prior written permission. Except as provided herein, MotorvatorBoard does not grant to You any express or implied rights to MotorvatorBoard's or any third party's Intellectual Property. Any rights associated with the content of the web site, which is transmitted, downloaded, or otherwise processed by MotorvatorBoard, shall be retained by the owner of the content, if any, and may be protected by applicable copyright, trademark, or other laws. This Agreement does not grant You rights in and to such content except as set forth herein.
11. COPYRIGHT NOTICE
Everything on this Site is copyrighted. The copyrights are owned by MotorvatorBoard, its Affiliates, or the original creator of the material. However, You are free to view, copy, print, and distribute MotorvatorBoard material from this Site, as long as:
1. The material is used for information only;
2. The material is used for non-commercial purposes only; and
3. Copies of any material include MotorvatorBoard's copyright notice.
MotorvatorBoard is committed to respecting others' intellectual property rights, and We ask You to do the same. MotorvatorBoard may, in its sole discretion, terminate the accounts or access rights of users who violate Our or others' intellectual property rights.
If You believe that Your work has been copied in a way that constitutes copyright infringement on the Site, please deliver the following information to MotorvatorBoard:
1. an electronic or physical signature of the person authorized to act on behalf of the copyright owner;
2. a description of the copyrighted work that You claim has been infringed;
3. a description of where the material that You claim is infringing is located on the Site;
4. Your address, telephone number, and email address so that We may contact You;
5. 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; and
6. a statement by You, made under penalty of perjury, that the above information is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
MotorvatorBoard's Agent for notice of claims of copyright infringement on the Site can be reached as follows:
By Mail:
MotorvatorBoard
Attn: Legal Department
12. WARRANTY DISCLAIMER
THE WEB SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE, IS PROVIDED, "AS IS," AND "AS AVAILABLE" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND MOTORVATORBOARD EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NONINFRINGEMENT. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INFORMATION OR THE WEB SITE. THERE IS NO WARRANTY THAT THE INFORMATION OR THE WEB SITE PROVIDED WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEB SITE.
MOTORVATORBOARD MAKES NO WARRANTY THAT (a) THE WEB SITE WILL MEET YOUR REQUIREMENTS; (b) THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEB SITE WILL BE ACCURATE AND RELIABLE; (d) THE QUALITY OF THE WEB SITE, INFORMATION OR OTHER MATERIALS OBTAINED BY YOU THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS AND/OR (e) ANY ERRORS IN THE CONTENTS OF THE WEB SITE WILL BE CORRECTED.
ANY MATERIAL COPIED, VIEWED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK.
THE WEB SITE AND ANY INFORMATION PROVIDED ON OR THROUGH THE WEB SITE IS NOT TARGETTED TO ANY USERS IN ANY PARTICULAR LOCALITY, NOR ARE THEY INTENDED TO CONSTITUTE, DOING BUSINESS IN ANY JURISDICTION OR THE SOLICITATION OF BUSINESS ANYWHERE BY US OR ANY OF OUR RESPECTIVE PARENT, SUBSIDIARY OR AFFILIATED COMPANIES OR ORGANIZATIONS, NOR DO THEY CONSTITUTE ANY CONTACTS WITH ANY JURISDICTION OUTSIDE OF THE STATE OF GEORGIA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOTORVATORBOARD OR FROM THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Although MotorvatorBoard attempts to ensure the integrity and accurateness of the web site, it makes no guarantees whatsoever as to the correctness, accuracy or safety of the web site. It is possible that the web site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the web site by third parties. In the event that an inaccuracy arises, please inform MotorvatorBoard so that it can be corrected. Information contained on the web site may be changed or updated without notice.
If You are located in any jurisdiction in the world where the common, statutory, regulatory or codified law of such jurisdiction would void this Agreement in whole or in essential part (the essential parts being at least, but not only, the exclusive jurisdiction and venue, exclusive remedy provisions, the warranty disclaimers, the limitations of liability and the privacy guidelines) or would make accessing the web site illegal, then You are not authorized to use the web site, if You do so then You do so entirely at Your own risk.
13. LIMITATION OF LIABILITY
MOTORVATORBOARD, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE WEB SITE, INFORMATION SUBMITTED TO THE WEB SITE OR INFORMATION CONTAINED WITHIN THE WEB SITE, AND/OR ANY HYPERLINKED SITE OR SERVICE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEB SITE, AND/OR HYPERLINKED SITE OR SERVICE IS TO STOP USING THE WEB SITE. THE FOREGOING REMEDIES UNDER THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.
14. INDEMNITY
You agree to indemnify, defend and hold MotorvatorBoard and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys fees, made due to or arising out of: (1) Your or Your associates use or misuse of the web site; (2) Your violation or Your associates violation of this Agreement; or (3) violation of any rights of another.
15. PRIVACY POLICY
Your information and certain other information about You or what You submit to the web site is subject to our Privacy Policy. For more information, please read our Privacy Policy. You should be aware that web sites linked to the web site are likely governed by confidentiality and privacy provisions that differ from the provisions governing the web site. MotorvatorBoard is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
MotorvatorBoard hereby incorporates herein, by this reference, the MotorvatorBoard Privacy Policy into the terms of this Agreement.
16. MODIFICATIONS
MotorvatorBoard may, at any time, and without notice, modify, update, or otherwise change the terms of this Agreement or the web site, and You agree that You are deemed to be apprised of, and to be bound by such changes, immediately upon the posting thereof. Accordingly, we encourage You to visit the web site from time to time to review the current version of the Agreement.
17. TERMINATION
You may terminate Your use of the Service upon thirty (30) days [written] notice to Us.
You agree that MotorvatorBoard, in its sole discretion, may terminate Your use of the web site, and remove and discard any content within the web site, for any reason and at any time. MotorvatorBoard may also, in its sole discretion, at any time, discontinue providing the web site, or any part thereof, with or without notice to You. You agree that any termination of Your access to the web site under any provision of this Agreement may be effected without prior notice to You, and where applicable, You acknowledge and agree that MotorvatorBoard may immediately deactivate your User id or password and/or bar further access to such files or the web site. Further, You agree that MotorvatorBoard shall not be liable to You or any third party for any termination of Your access to the web site.
18. LINKS
The web site may provide or include links to other World Wide Web sites or resources. Because MotorvatorBoard has no control over such sites and resources, You acknowledge and agree that MotorvatorBoard is not responsible for the availability of such external web site or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. YOU FURTHER ACKNOWLEDGE AND AGREE THAT MOTORVATORBOARD SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.
19. LINKS TO OUR WEB SITE
MotorvatorBoard prohibits caching of any portion of the web site and any unauthorized hypertext links to the web site.
20. SUPPORT AND TRAINING
We provide two levels of support to Our users. First Your can look at the FAQ section of Our web site and view frequently asked questions and answers. Second you can email Us Your questions at info@motorvatorboard.com.
21. JURISDICTION AND LAW
This Agreement shall be construed and enforced in accordance with the laws of the State of Georgia, without reference to conflict of laws principles, and shall be deemed to be executed in Georgia, and any action or proceeding shall be brought in a Federal or State court of competent jurisdiction in the State of Georgia and in no other jurisdiction.
22. CONTACT US
To contact MotorvatorBoard just email us at info@motorvatorboard.com and send MotorvatorBoard Your questions or comments.
23. COMPLETE AGREEMENT
Except as expressly provided in a particular "legal notice" on MotorvatorBoard the web site, these Terms of Use constitute the entire agreement between You and MotorvatorBoard with respect to use of the web site, superceding any other agreement between You and MotorvatorBoard. The section titles in this Terms of Use are for convenience only and have no legal or contractual effect. Sections 6, 7, 8, 10, 11, 12, 13, 14, 15, 17, 18, 21, and 23 shall survive termination of this Agreement. If any provision of this Agreement is found to be unenforceable, the other provisions shall still remain in full force and effect.
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