Terms And Conditions

MOTORESS® WEBSITE TERMS OF SERVICE

BY ACCESSING OR USING THE DIGITAL SERVICES, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE DIGITAL SERVICES. SPECIFICALLY, PLEASE TAKE NOTICE THAT WITH LIMITED EXCEPTIONS, ALL DISPUTES BETWEEN YOU AND US REGARDING THIS AGREEMENT ARE SUBJECT TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN JURY TRIALS, INCLUDING CLASS ACTION LAWSUITS, IN COURTS AND ONLY SPECIFIC REMEDIES ARE AVAILABLE TO YOU.

Please review these Terms of Use, which govern your use of MOTORESS.com (the “Site”) a website owned and operated by MOTORESS (collectively, “we”, “us”, or “our”). Your use of the Site constitutes your agreement to follow and be bound by these Terms of Use. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use our Site. If you do not agree to these terms, please do not use the Site.

Privacy

By using the Site you agree to the terms of our Privacy Policy which you can review by clicking here.

The Website Content

All of the information, content, services and software displayed on, transmitted through, or used in connection with the Website or Other Channels, including for example, advertising, directories, guides, articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and all other related matters, including without limitation, the selection and arrangement of the aforementioned and the “look and feel” of this website (collectively, the “Content”), are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the intellectual property of MOTORESS, and its affiliated companies, licensors and suppliers. MOTORESS® actively protects its rights to the Content to the fullest extent of the law. The copying, rearrangement, broadcast, rewriting for broadcast or publication, redistribution, modification, use or publication by you in any medium, directly or indirectly, of any such matters or any part of the Website, including the removal or alteration of advertising, except for limited rights of use granted hereunder, is strictly prohibited. You may not use such material except as provided in these Terms and Conditions.

The Content includes logotypes, trademarks and service marks (collectively “Marks”) owned by MOTORESS, and Marks owned by other information providers and third parties. For example, “MOTORESS” is a registered trademark of MOTORESS. No Marks may be used in any manner unless approved in advance, in writing by MOTORESS.

You may use the Content online and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such Content. No other use is permitted unless otherwise expressly permitted by MOTORESS. You may not, for example, republish the Content on any Internet, Intranet or Extranet site or incorporate the Content in any database, compilation, archive or cache or store the Content in electronic form on your computer or mobile device unless otherwise expressly permitted by MOTORESS. You may not distribute any of the Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content without securing the prior written consent of MOTORESS.

Requests to use the Content for any purpose other than as permitted in this paragraph should be submitted as directed on the Website or Other Channels, as applicable.
Free access to the content made available to you on the Website is possible due to the paid advertising that appears on the Website. Without this advertising, we would not be able to provide you with this content for free. In exchange for your free access to this content, you agree that you will not, and will not permit any third party to, remove, obstruct, modify or otherwise interfere with the delivery or display of advertisements on the Website.

You may not frame or utilise framing techniques that involve any trademark, logo, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of the Website or Other Channels without our express written consent. You may not alter or modify in any way, the Website or Other Channels including but not limited to using any software to suppress or alter the display of advertising on the pages of the Website or Other Channels. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website or Other Channels, not to insert any code or product or manipulate the content of the Website or Other Channels in any way that affects the user’s experience, and not to use any data mining, robots, cancelbots, Trojan horse, or any data gathering or extraction method in connection with your use of the Website or Other Channels.

MOTORESS respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on the Website, please contact our designated copyright agent, in writing, either by email at info@motoress.com.

License and Access

Subject to your compliance with these Terms of Use, MOTORESS grants you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of the MOTORESS site and the service provided thereon. This license does not include any resale or commercial use of any MOTORESS service or Content, any downloading or copying of registration information for the benefit of another merchant, any derivative use of this site or its Content; or any use of robots, data mining, or similar data gathering and extraction tools. The Site or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MOTORESS. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including text, images of page layout, or form) of MOTORESS and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilising the MOTORESS Name or trademarks without the express written consent of MOTORESS. All rights not expressly granted to you in these Terms of Use are reserved and retained by MOTORESS, or its affiliates, licensor’s, publishers, rights holders or other content providers. Any unauthorized use of the Site or services provided therein terminates the permission or license to access and use the site.

Site Modification or Suspension

We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue the site or any service, content, feature or product offered through the Site, with or without notice. You agree that we shall not be liable to any third-party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.

Intellectual Property

This Site and the Content available on the Site are the property of MOTORESS or its affiliates and licensers, and are protected by copyright, trademark and other intellectual property laws. Subject to these Terms of Use, MOTORESS grants you a non-exclusive non-transferable license to use the Site solely for your personal non-commercial use. You may not use the Site or the Content available on the Site in a manner that constitutes an infringement of our rights or that has not been authorised by us. More specifically, unless explicitly authorised in these Terms of Use or by the owner of the Content, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, perform, display or distribute in any manner or medium (including by e-mail or other electronic means) any material from the Site. You may, however, from time to time, download or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

You may also send your questions or comments to our address:

MOTORESS (Global Office)
2255B Queen Street East, Suite 133
Toronto, Ontario M4E 1G3
Canada

Use Restrictions and Registration

You may not use or register with the Site if you are under thirteen (13) years of age. Certain services offered on or through the Site require you to be eighteen (18) years old, for instance purchasing products, entering into sweepstakes and participating in sampling and product gifting program. If you are under 18, do not use those portions of the Site or those services. You agree that the information that you provide to us upon registration, and at all other times will be true, accurate, current and complete. Registration is limited to one account per user and user is solely responsible for keeping your password secure and for any activities or actions taken under your password, whether or not you have authorised such activities or actions. You shall immediately notify MOTORESS of any unauthorized use of your password. By using the Site and/or accessing the services, you represent and warrant that you have the right, authority and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth in these Terms of Use. This Site is administered in Canada any use outside of the Canada is at your own risk and you are responsible for compliance with any local laws applicable to your use of the Site or access to the Services.

Your Comments, Reviews and Other Content Posted

You may have the opportunity to post comments, write reviews or provide other content on this Site. If you choose to post comments, reviews or other content on the Site you are representing that you are the owner of the content, or that you have the owner’s express consent to your posting or submission of that content. In addition, when you submit or post any content, you are granting MOTORESS, and anyone authorised by MOTORESS, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, fully sub-licensable, worldwide license to use, display, copy, modify, transmit, cache, store, archive, index, categorise, comment on, tag, sell, exploit, create derivative works from, incorporate into other works, distribute, and/or digitally perform or publicly perform or display such Posted Content, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose, including without limitation the right to transfer to third parties the right to use, exhibit and otherwise exploit such Posted Content (in whole or in part), as modified by MOTORESS in its sole discretion. This license is non-exclusive, except that you agree that MOTORESS shall have the exclusive right to practice this license to the extent of combining your Posted Content with the Posted Content of other Site users for the purposes of constructing or populating a searchable database of product reviews. You acknowledge and agree that MOTORESS and its partners are entitled to retain any revenue generated from the display of advertising, promotional campaigns, content syndication and distribution arrangements that include or feature any Posted Content submitted by you.

The foregoing shall include the right to exploit any proprietary rights in such Posted Content or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorised by us, the right to identify you as the author of any of your content postings or submissions by name, e-mail address or screen name, as we deem appropriate. We are under no obligation to give credit or pay any compensation for your Posted Content.

MOTORESS expressly prohibits the posting of any comments, reviews or other content that is illegal, threatening, defamatory, obscene, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, commercial solicitation, political campaigning, mass mailings, chain letters, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a comment or other content. MOTORESS reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. MOTORESS has the right but not the obligation to oversee and edit or remove any activity or content. MOTORESS claims no responsibility and assumes no liability for any content posted by you or any third-party.

Third Party Content

Third parties not affiliated with MOTORESS may offer services or products on the Site. We do not warrant or assume any responsibility or liability for the actions, offers or content of third parties who may have advertisements or links on our site. You should carefully review their privacy statements and other conditions of use.

Disclaimer of Warranties and Limitation of Liability

THIS SITE IS PROVIDED BY MOTORESS ON AN “AS IS” AND “AS AVAILABLE” BASIS. MOTORESS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MOTORESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOTORESS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM MOTORESS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOTORESS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN  LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnity

You agree to indemnify and hold MOTORESS, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of (i) your access to the Site, (ii) your use of the services, (iii) the violation of these Terms of Use by you, (iv) the infringement by you, or any third-party using your account or User ID or password, of any intellectual property or other right of any person or entity; (v) any content you post on this Site; and (vi) any products or services purchased by you in connection with this Site and/or the web sites of our third-party partners, vendors and/or service providers.

Termination

These Terms of Use will remain in full force and effect while you use the Site and avail yourself to the Services. We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of any such cancellation or termination, you shall no longer be authorised to access all of the Site or the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to any material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive any termination of your right to use the Site.

Applicable Law

By visiting MOTORESS, you agree that the laws of the province of Ontario, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and MOTORESS or its affiliates.

Disputes

Any dispute relating in any way to your visit to MOTORESS or to classes you purchase through MOTORESS shall be submitted to confidential arbitration in the Province of Ontario, except that, to the extent you have in any manner violated or threatened to violate any MOTORESS intellectual property rights, MOTORESS may seek injunctive or other appropriate relief in any provincial or federal court in the province of Ontario and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the Canadian Commercial Arbitration Centre. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Contact Information

If you have any questions or comments relating to our website, these Terms of Use or our Privacy Policy, please contact us

You may also send us your questions or comments by postal mail at:
MOTORESS (Global Office)
2255B Queen Street East, Suite 133
Toronto, Ontario M4E 1G3
Canada