TERMS OF USE

IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF USE BEFORE ACCESSING, USING, OR SUBSCRIBING OVER MOTOAUTO.CA. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (see Sections 6, 9 and 10). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

The use of motoauto.ca (along with all subdomains, collectively, hereafter the “Website”), which is owned and maintained by Moto Auto ( “Moto Auto,” “we,” “our,” “us”), is governed by the policies, terms, and conditions set forth below. Please read them carefully. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By accessing, using, or subscribing over the Website, you agree to the terms set forth herein. If you do not agree to these terms in their entirety, you are not authorized to use the Website.

THIS IS A BINDING AGREEMENT.

THESE TERMS OF USE (“TERMS”) TOGETHER WITH OUR PRIVACY POLICY FORM A LEGALLY BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU (“YOU” OR “CUSTOMER”) AND MOTO AUTO AND SHOULD BE READ CAREFULLY. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE AND ATTEMPTED USE OF THE WEBSITE AND THE SERVICES PROVIDED BY MOTO AUTO.

THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED. Moto Auto reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms at https://www.motoauto.ca/terms-of-use/.

Use of the website after such changes constitutes acceptance of such changes.

SECTION 1 – WEBSITE USE

The Website is intended for businesses operated by adults. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), operate a business, have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.

SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS

All aspects of our Website are protected by Canada and international copyright, trademark, and other intellectual property laws, including all design elements, text material, logos, taglines, metatags, hashtags, photographic images, personal stories, icons, video and audio clips, personal training sessions, marketing tips and strategies, and downloads. No material on or provided through the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The Moto Auto trademark and logo are proprietary marks of Moto Auto, and the use of those marks is strictly prohibited unless otherwise provided for by these Terms. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Moto Auto. Subject to your continued strict compliance with all Terms, Moto Auto provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable licence to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws. You agree not to use or attempt to use the Website in any unlawful manner. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, obscene, or defamatory material; or (3) any other unlawful act.

SECTION 3 – OUR PRIVACY POLICY AND YOUR PERSONAL INFORMATION

We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the Website is governed by our Privacy Policy. Our Privacy Policy may be viewed at https://www.motoauto.ca/privacy-policy/. Moto Auto reserves the right to modify its Privacy Policy in its reasonable discretion from time-to-time. Our Privacy Policy is incorporated into this Agreement by reference.

SECTION 4 – PROHIBITED USE OF THE SITE

You agree not to use or attempt to use the Website in any unlawful manner or a manner harmful to Moto Auto. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website including, but not limited to, refraining from:

A. HARMFUL ACTS.

Any dishonest or unethical business practice; any violation of the law; infliction of harm to Moto Auto’s reputation; hacking and other digital or physical attacks on the Website; use any device, software or routine that interferes with the proper functioning of the Website or servers or networks connected to the Website, or take any other action that interferes with another’s use of the Website; use any “robot,” “spider” or other automatic or manual device or process for the purpose of compiling information on the Website for purposes other than for a generally available search engine, including but not limited to any actions which spam, phish, pretext, spider, or scrape the Website; otherwise collect or track the personal information of others; any violation of the rights of Moto Auto or any third party, including but not limited to use of any company name, service marks, or trademarks without prior written consent, including as metatags or hidden text.

B. “SPAMMING” AND UNSOLICITED COMMUNICATIONS.

We have zero tolerance for spam and unsolicited communications. Any communications sent or authorized by you reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to Moto Auto’s reputation and to the rights of third parties.

C. OFFENSIVE COMMUNICATIONS.

Any communication sent, posted, or authorized by you, including without limitation postings on any website operated by you, or social media or blog, which are: sexually explicit, obscene, vulgar, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; or that violates the intellectual property rights of another.

SECTION 5 – INFORMATION YOU PROVIDE; REGISTRATION; USERNAMES AND PASSWORDS

As a Moto Auto user, you may be required to create an account with Moto Auto. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your Moto Auto user account, and you agree not to transfer the password or user name, or lend or otherwise transfer your use of or access to your user account, to any unauthorized third party. You are fully responsible for all transactions with, and information conveyed to, Moto Auto under your user account. You agree to immediately notify Moto Auto of any unauthorized use of your password or user name or any other breach of security related to your user account. You agree that Moto Auto is not liable, and you will hold Moto Auto harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations.