Mota: Terms of Use

Terms & Conditions

WWW.MOTA.NET TERMS OF USE

Welcome to Mota. These terms and conditions (these “Terms”) represent a binding agreement between Mota Motors, Inc., a California corporation(“Mota”) and you (“you”), a visitor to the Mota.net website or any website that includes content provided by Mota (collectively, the “Site”), and, if applicable, a user of the vehicle information, promotion and sale services that Mota provides (collectively, the "Service").

THESE TERMS WILL GOVERN YOUR USE OF THE SERVICE AND THE SITE, AND YOU SHOULD READ THEM CAREFULLY BEFORE USING THE SERVICE OR THE SITE. BY USING THE SERVICE OR ACCESSING THE SITE, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS CONTAINED HEREIN. ANYONE WHO USES THE SERVICE IN CONNECTION WITH THE SALE OR PURCHASE OF A VEHICLE MAY ALSO BE REQUIRED TO AGREE TO BE BOUND BY TERMS OF SALE MAINTAINED BY MOTA AND/OR ITS BUSINESS PARTNERS. ANY SUCH TERMS OF SALE WILL BE PROVIDED TO YOU BEFORE YOU COMPLETE YOUR SALE OR PURCHASE TRANSACTION.

IF AT ANY TIME YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF THE SITE AND THE SERVICE.

1. This is a binding agreement. By using the Site and the Service, you agree to abide by these Terms, as they may be amended by Mota from time to time in its sole discretion. Mota will exercise reasonable efforts to post a notice on the Site any time these Terms have been changed or otherwise updated, but it is solely your responsibility to review these Terms periodically, and if at any time you find these Terms unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT AND ANY AGREEMENTS REQUIRED IN CONNECTION WITH YOUR USE OF THE SERVICE.

2. Mota reserves the right to terminate your use of the Service or the Site. In order to ensure that Mota provides a high-quality experience for you and for other users of the Site and the Service, you agree that Mota or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of the Site or the Service. Mota does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Mota reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Mota believes that you have violated any of these Terms, furnished Mota with false or misleading information, or interfered with use of the Site or the Service by others. In addition, and without limiting the foregoing, Mota reserves the right to delete, remove or otherwise disable access to any listings or other vehicle information that Mota deems (in its sole discretion) to be misleading, inaccurate, fraudulent, abusive or otherwise inappropriate for inclusion in the Service. Mota will not provide any refunds for listings that were found to be in violation of these Terms and therefore removed from the Service.

3. The Site and the Service are at all times provided on an “AS IS” and “WHERE IS” basis, and Mota lists vehicles for sale, and you accept any vehicle you purchase, “AS IS” and “WHERE IS.” Any warranties you may receive in connection with a purchased vehicle are provided by or on behalf of the seller of the vehicle, and not by Mota or its business partners in any way. Mota makes no warranties, express or implied, regarding the condition or quality of any vehicle available through the Service, and to the maximum extent permitted by law, MOTA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY VEHICLE YOU MAY PURCHASE THROUGH THE SERVICE OR OTHERWISE FROM A MOTA SELLER, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

4. Mota is a “For Sale By Owner” Service Only. Mota provides the Site and the Service only for private vehicle owners looking to sell their vehicles, and Mota does not list vehicles for sale by dealers, or any vehicles listed for the benefit of a dealer or dealership. If you list a vehicle for sale through the Service, you are representing to us that you are not a dealer, nor are you employed by a dealer or placing an advertisement on behalf of or for the benefit of any dealer. Vehicle listings provided by or on behalf of any dealer are subject to removal or deletion without notice, explanation or refund of any kind. The Service is provided for informational purposes to sellers and prospective buyers of vehicles, and all negotiations for the sale and purchase of vehicles are between such sellers and prospective buyers and do not involve Mota in any way. Mota is neither a dealer of vehicles nor a seller of any of the vehicles that may be listed or otherwise offered for sale through the Service, and the Service is provided as a venue through which third parties can offer, sell, research or purchase vehicles that are offered for sale by their owners. Mota cannot and does not confirm or guarantee the identity of any buyer or seller, and Mota can make no assurances that any buyer or seller will actually complete the purchase or sale of a vehicle offered through the Service. The fees that Mota charges for the Service are not commissions, and are in no way tied to whether a vehicle is sold or the price received for a vehicle that is sold.

5. Mota does not warrant any of the information provided from the Site or through the Service Mota does not warrant that vehicle information provided on the Site or through the Service will be accurate or up to date at all times. If you have questions about any vehicle information, or want to confirm anything you learn from the Site, through the Service or in any Mota vehicle listing, please contact the Mota call center directly. Some information made available on the Site has been provided by third parties, such as vehicle sellers, bloggers and commenters to blogs (such information, collectively, “Third-Party Content”). The inclusion or appearance of Third-Party Content on the Site does not indicate any approval or endorsement by Mota of such Third-Party Content, or of any opinion, advice, or other information made or displayed on the Site by any user or other third party. Mota is not responsible for, and hereby disclaims any and all liability that may arise from Third-Party Content.

6. Amounts that you pay to Mota are non-refundable and Mota has no obligation to reimburse you whatsoever. Some of the services that Mota offers as part of the Service may require payment of a fee to Mota. Information regarding our fees and the different services that we offer for a fee can be found on the Site, and you will be required to confirm the services you have selected and the amount of your payment before your credit card is charged. Once your card has been charged, however, Mota will not be able to make any refund of the amounts you have paid for the Service.

7. Mota may recommend business partners to assist with the sale and purchase of a vehicle. As part of the Service, Mota may from time to time recommend to buyers and sellers the services of Mota’s trusted business partners. With some of these business partners, Mota may have referral arrangements, whereby Mota receives compensation for customers that are referred to the business partners. Please contact us if you have questions about any of these arrangements. Regardless of the financial or other arrangements that Mota may have with its business partners, any decision to use one or more of these business partners must be made by you in your sole discretion, and Mota makes no promises, representations or warranties regarding, and will have no liability arising out of or in any way related to, your decision to engage or otherwise work with any of these business partners. Each of these business partners will have its own terms or contractual arrangements, and it is your responsibility to review those terms carefully when deciding whether to engage the relevant business partner.

8. Mota may take steps to enforce, and to ensure compliance with, these Terms. Mota may conduct, and you hereby consent to, random inquiries and tests to ensure the legitimacy of vehicle listings and their contents, which inquiries and tests may include, where necessary, a review of messages to buyers or sellers sent using the Service. You understand and agree that you have no expectation of privacy in messages sent using the Service. Users who are found to be in violation of these Terms may be denied use of and access to the Site and the Service.

9. Mota employs a two-step dispute resolution procedure. In the event that you should have any concerns or complaints about Mota, the Site, the Service, or Mota’s role in your sale or purchase of any vehicle, you must contact Mota to resolve those issues through the dispute resolution process (discussion, then arbitration) described under Section 20 below. This two-step process is important to Mota’s ability to bring you the Site and the Service, and by using the Site and the Service, you are agreeing to this two-step process as your sole and exclusive remedy in the event of any dispute, complaint or other claim or issue involving Mota.

10. Mota respects your privacy and permits you to control the treatment of your personal information. Under Mota’s privacy policy, Mota and its business partners may disclose to third parties certain aggregate, non-personalized information that we collect from you, but we will not disclose your name, address, email address or telephone number without your prior consent, except amongst ourselves and to any seller or prospective buyer (as applicable) as necessary to facilitate any sale transaction or to investigate any allegations of fraud or abuse, or as may be required by law. For avoidance of doubt, if you register with Mota as a vehicle seller, you are giving your consent to Mota to release your contact information to prospective buyers, and if you register with Mota as a prospective vehicle buyer, your are giving your consent to Mota to release your contact information to the seller of any vehicle in which you express an interest. A complete statement of Mota’s current privacy policy can be found by clicking here. Mota’s privacy policy is expressly incorporated into this Agreement by this reference.

11. Mota may make certain software and other copyrighted materials available to you from the Site. If you download software or other copyrighted materials from the Site (even if only for the temporary viewing of or other access to those materials), those materials, including all files and images contained in or generated by any software you download, as well as any accompanying documentation or data (collectively, “Licensed Materials”) are deemed to be licensed to you by Mota or its licensors, for your personal, non-commercial home use only. You do not receive either title to or ownership of the intellectual property rights embodied in the Licensed Materials, and Mota and its licensors retain full and complete title to the Licensed Materials as well as all intellectual property rights therein. You may not sell, redistribute or reproduce the Licensed Materials, nor may you decompile, reverse engineer, disassemble or otherwise convert any software included in the Licensed Materials to a human-perceivable form. All trademarks and logos are owned by Mota or its licensors and you may not copy or use them in any manner.

12. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you will be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any Content you provide or transmit, or that is provided or transmitted using your computer, your account or any User ID that you choose or that we provide you. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you. In addition, it is your obligation as a seller or a buyer of a vehicle through the Service to provide complete and accurate information in response to all requests for information by Mota and in response to all inquiries from sellers or prospective buyers.

13. You will not make certain types of Content available. You agree not to upload, download, display, perform, transmit or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services, other than any vehicle advertisement or inquiry that is provided in accordance with these Terms. Mota reserves the right to terminate your receipt, transmission or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers, or request deletion of such material from the servers of its business partners. Mota intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.

14. Mota imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of the Service, the Site or any associated system or network, or to breach security or authentication measures without proper authorization, (c) interfering or attempting to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing” or “crashing,” (d) using the Site or Service to send unsolicited email, including, without limitation, promotions or advertisements for products or services (excluding vehicle advertisements provided in accordance with these Terms), (e) forging any TCP/IP packet header or any part of the header information in any email or in any posting using the Service, or (f) attempting modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human perceivable form any of the source code used by Mota in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

15. Mota has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Mota has adopted a policy that provides for the suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Mota or of a third party, or otherwise violated any intellectual property laws or regulations. Mota's policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know or have a good-faith belief that there has been a violation of your rights or the rights of a third party and you want Mota to delete, edit, or disable the material in question, you must provide Mota with all of the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (iii) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Mota to locate the material; (iv) information reasonably sufficient to permit Mota to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Mota’s designated agent at:

Mota
1515 Abbot Kinney Boulevard
Los Angeles, California 90291
1.877.937.6682 – Phone
763.431.3652 – Facsimile

16. Mota Disclaims All Warranties (Please Read This Carefully). Mota is making the Site and Service available "AS IS" without warranty of any kind. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABLITY TO USE, THE SITE AND THE SERVIICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOTA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. MOTA DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE.

17. The Liability of Mota to You is Limited (Please Read this Carefully). TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL MOTA OR ANY OF ITS BUSINESS PARTNERS BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR THE SERVICE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY MOTA OR ANY OF ITS BUSINESS PARTNERS. This limitation will apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

18. Mota has no control over, and no liability for any third-party websites or materials. Mota works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Mota nor the Site has control over the content and performance of these partner and affiliate sites, Mota makes no guarantees about the accuracy, currency, content or quality of the information provided by such sites, and Mota assumes no responsibility for unintended, objectionable, inaccurate, misleading or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Mota makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content or quality of this third-party content, and that, unless expressly provided otherwise, these Terms will govern your use of any and all third-party content.

19. You Agree to Indemnify Mota for Certain of Your Acts and Omissions. You agree to indemnify, defend and hold harmless Mota, its affiliates, officers, directors, employees, consultants, agents and representatives from any and all third party claims, losses, liability, damages and/or costs (including reasonable attorneys' fees and costs) arising from your access to or use of the Site or the Service, your violation of these Terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Mota will notify you in writing of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost.

20. Mota Has a Two-Step Process for Resolving Disputes that Involve Mota. In the event of any dispute regarding the Site or the Service or in connection with any purchase you make using any of the services Mota provides to you, you agree to resolve that dispute exclusively through a two-step process, as follows:

20.1 Step 1: Discuss. You will let Mota know about the dispute by contacting our dedicated call center to report the problem, and then you will work directly with representatives at the call center to try to resolve the dispute. Mota believes that direct discussions between you and Mota are the best way to obtain a quick and mutually satisfactory resolution to any dispute. If you can't work something out with Mota within 10 days after you call to report the dispute, then the dispute resolution process moves to step 2 by bringing in a third party to arbitrate the claim, as described in the paragraph that follows.

20.2 Step 2: Arbitrate. Any dispute arising out of or relating to these Terms that cannot be resolved by direct discussions as outlined above will be determined exclusively by arbitration before one arbitrator in accordance with these Terms. Mota requires, and you agree, that any arbitration conducted hereunder will be administered by JAMS, a leading national provider of dispute resolution services. The arbitration will be held in Los Angeles, California pursuant to JAMS' Streamlined Arbitration Rules and Procedures. The arbitrator may, in his or her award, allocate all or part of the costs of the arbitration, including the arbitrator's fees and the reasonable attorneys’ fees of the prevailing party. Judgment on the award of the arbitrator may be entered in any court having jurisdiction.

And just so it’s clear that Mota intends for the foregoing agreement to arbitrate to be comprehensive, this will confirm your agreement and understanding that any and all disputes over the breach, termination, enforcement, interpretation or validity of these terms (which includes any determination of the scope or applicability of this agreement to arbitrate) will be subject to the arbitration requirement set forth above. Also, so there’s no confusion over what laws, rules or procedures might apply to the interpretation of this agreement to arbitrate, this will confirm that the arbitration described in these Terms will be governed by the Federal Arbitration Act, and by not the laws of any particular state or other jurisdiction regarding arbitration.

21. Mota Has Relationships with Third Parties that May Be Able to Help Once You’re Ready to Buy or Sell.

21.1 Escrow Service. Whether you are a buyer or a seller of a vehicle using the Service, Mota believes that your post-sale transaction experience can be made much easier with the involvement of an outside escrow service. In general, for a nominal fee, an escrow service will act as the transaction broker, handling the logistical requirements of the vehicle sale, payment and delivery of the purchase price, and transfer of the vehicle and related paperwork. Once you notify Mota that you have reached agreement regarding the purchase or sale of a vehicle, Mota may suggest for your convenience one or more third-party escrow services, and will provide you with contact information so that you might reach those service providers. Mota may decide to maintain business relationships with certain escrow providers; if applicable, we will disclose these relationships to you at the time that we suggest their services.

21.2 Mediation Service. Many escrow services include as part of their service offering mediation services in the event that there should be a dispute between a buyer and a seller. If, however, you elect not to engage an escrow service, or if the escrow service you select does not include mediation services, then Mota encourages you, once you have agreed to buy or sell a vehicle using the Service, to consider working with a third-party mediation service to assist you in the event any dispute should arise. As with escrow services, once you notify Mota that you have reached agreement regarding the purchase or sale of a vehicle, Mota may suggest for your convenience one or more third-party dispute mediation services, and will provide you with contact information so that you might reach those mediators. Mota may decide to maintain business relationships with certain dispute mediation services; if applicable, we will disclose these relationships to you at the time that we suggest their services.

22. Certain Other, General Terms Apply to this Agreement.

22.1 This Agreement will be construed in accordance with and governed by the laws of the United States and the State of California, without reference to its rules regarding conflicts of law, except for the agreement to arbitrate described above, which will be subject only to the Federal Arbitration Act.

22.2 If, for whatever reason, any arbitrator or court of competent jurisdiction were to find any term or condition in these Terms to be unenforceable, all other terms and conditions would remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

22.3 Nothing contained on the Site or provided by the Service should be understood as granting you a license to use any of the trademarks, service marks or logos owned by Mota or by any third party.

22.4 The Site is controlled and operated by Mota from its offices in the State of California. Mota makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Mota’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

22.5 Mota may, in its sole discretion and without prior notice: (a) revise these Terms; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Mota will post any revision to these Terms to the Site, and the revision will be effective immediately upon such posting. You agree to review these Terms and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you will abide by any such revision.

BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

Copyright © 2006-2008 by Mota Motors, Inc. All rights reserved.