MotoMacia Terms of Use

Effective December, 2022

Modification of These Terms of Use
We reserve the right to make changes to these Terms at any time, and will post an updated version here. Please check back from time to time to ensure you are aware of any updates or changes.

Limited Right to Use
In exchange for your agreement to these Terms and payment of any applicable fees, the Companies grant you a limited, non-exclusive, personal, revocable right and license to download, access, and use the functionality of our websites and apps. The rights to download and use the websites and apps are licensed to you and are not being sold to you. You have no rights in the websites or apps other than to use them in accordance with these Terms. The Companies reserve the right to terminate your access to our websites and apps at any time and for any or no reason. You may not remove or alter any notices found on our websites or apps, distribute, make derivative works of, reverse engineer, decompile, or disassemble the websites or apps. You may not access the websites or apps for the purpose of building a similar or competitive service, website, or app. You may not use any web crawler, robot, spider, or other automated method to retrieve, data mine, scrape or otherwise gather information or content available through the websites or apps.

Personal and Non-Commercial Use
Your use of our websites and apps is limited to personal and non-commercial use. You may display and download a single copy of our websites and apps onto your personal devices solely for your own personal, non-commercial use. Otherwise, you may not copy, reproduce, print, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the websites or apps, or any content, products or services obtained through them.

Eligibility to Use Our Websites and Apps
You must be 16 years of age to access or use our websites or apps, or to create an account with us.

You represent and warrant that (1) you are not a citizen of or located in a country or region that is targeted for comprehensive trade sanctions by the U. S. Government, (2) you will not access or use our websites or apps from such a country or region, and (3) you are not designated on the U.S. Treasury’s Specially Designated Nationals or Blocked Persons List or otherwise a person who is barred from doing business with U.S. persons or from receiving exports of goods or services from the U.S.

Privacy
Your privacy is important to us. Please review our Privacy Policy, which is incorporated into these Terms by reference.

Compliance with Applicable Law
It is our policy to comply with all applicable laws and regulations in operating our websites and apps. We ask that you do the same. By using our websites and apps, you are presumed to accept this request, and agree to comply with all applicable laws and regulations.

Intellectual Property
The Companies own all rights, title and interest in our websites and apps, as well as all text, content, graphics, interfaces, code and materials, the look and feel, selection and arrangement, design and organization of the websites and apps, and the compilation of the content, code, data and materials on the websites and apps, including all intellectual property and proprietary rights. The content of our websites and apps is protected under United States and other copyright laws, and is the property of the Companies. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit any of the content of our websites or apps, in whole or in part. No copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of the Companies or the copyright owner is permitted.

All words and symbols designated by ® or ™ and used on or in connection with our products or marketing materials on the websites and apps (collectively the “Marks”) are trademarks or registered trademarks of, and are proprietary to, the Companies or other owners that have granted the Companies the right and license to use such Marks. For clarity, there may be instances where trademark symbols are omitted for creative reasons, which does not impact the validity or enforceability of these Marks. You may not display or reproduce the Marks other than with our prior written consent, and you may not remove or otherwise modify any trademark notices from any content.

Any copying, distributing, transmitting, posting, linking, deep linking or otherwise modifying the websites or apps without our express written permission is prohibited. Any violation of this section may result in copyright, trademark, service mark or other intellectual property right infringement that may subject you to civil and/or criminal penalties. The Companies reserve the right to terminate your use of our websites and apps if you infringe our or any other person’s intellectual property rights.

User-Generated Content
Please read the following terms carefully. If you do not agree to all of these terms, please do not submit user-generated content to us or reply to our usage requests.

Submission of User Content
We offer features on our websites and apps that allow users to share information and content such as reviews, photos, text, and videos (“User Content”). We also allow you to share User Content with us by responding to one of our usage requests, or by tagging content you post on social media with any of our hashtags (including #motomacia, #omxsports).

Grant of License to the Companies
By uploading or otherwise sharing User Content through our websites or apps, by using any of our hashtags or by responding to a usage request made by us, you grant the Companies and our agents, affiliates, and related entities a non-exclusive, royalty-free, irrevocable, worldwide, perpetual, and transferable license to use, store, reproduce, distribute, publish, sub-license, import, export, modify, and make derivative works of your User Content along with your name and/or social media handle in all digital and physical channels for any purpose including all promotional, marketing, advertising and other commercial and non-commercial purposes. The Companies may use, reproduce, distribute, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, without any obligation or additional permission from you. You agree to waive any right you may have to be named in the User Content, and allow us to use your User Content without any reference or attribution.

Representations and Warranties
By using our websites or apps, responding to our usage requests, or using any of our hashtags on social media, you represent and warrant that you: (i) have the right to transmit, distribute, replicate, and post any User Content you submit, (ii) you are the copyright owner or have the copyright owner’s permission required to grant the rights to the User Content described in these Terms, (iii) you hold the rights necessary to grant the licenses described herein, (iv) you have obtained the express consent of each person, if any, depicted in the User Content, (v) if any people pictured or mentioned are minors, you have obtained the express permission of their parents/guardians to have their image and/or name used by the Companies, (vi) your User Content, and the Companies’ use of that User Content as permitted under these Terms, do not and will not violate, misappropriate or infringe any intellectual property rights, publicity rights or other proprietary rights of any third party, and (vii) your User Content does not violate any law or other regulation and is not inappropriate under the rules described below. You expressly release the Companies from any claims, damages, actions, or liabilities arising from our use of the User Content as permitted herein.

Content Guidelines
If you choose to submit User Content through our websites or apps or use any of our hashtags on social media, please use good judgment. By using our websites or apps or using any of our hashtags on social media, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our websites or apps any of the following:.

a. Content that is sexually explicit, violent, derogatory, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, an invasion of another individual’s privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

b. Content that promotes illegal drug, tobacco or firearms use;

c. Content that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any individual or group, or that otherwise creates liability or violates any local, state, national or international law;

d. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

e. Content that uses the names or likenesses of persons living or dead without their permission or that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

f. Content that identifies, or relates to children under the age of 16;

g. Unsolicited advertising or links to other commercial sites;

h. Anyone else’s personal information (such as someone else’s name, address, phone number, email address, Social Security number, credit card number or other personal information);

i. Viruses, corrupted data or other harmful, disruptive or destructive files;

j. Content that is unrelated to the topic of the forum or area in which such content is posted;

k. Content that communicates messages inconsistent with the positive good will of the Companies; or

l. Content that, in the Companies’ sole judgment, is objectionable, or which may expose the websites, apps, or their users to any harm.

The Companies take no responsibility and assume no liability for any User Content, or for any resulting loss or damage to any person. Nor are the Companies liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Although the Companies have no obligation to screen, edit or monitor any User Content, we reserve the right, and have sole discretion, to remove without notice any User Content posted or stored for any reason, including a violation of these Terms. Any use of our websites or apps, including submission of User Content, in violation of these Terms may result in termination or suspension of your permission to use the websites and apps.

Despite our safety and privacy controls, we cannot guarantee that you will not encounter inappropriate User Content or illegal conduct from third parties. You can help us to make our websites and apps welcoming for all users by reporting any offensive or unwelcome conduct to us.

Copyright Complaints & How to Submit an Infringement Notice
If you believe in good faith that materials hosted by us, including User Content, infringe your copyright, please provide the written information requested below (including paragraph numbers) in the order requested:

1. A clear identification of the copyrighted work you claim was infringed.
2. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on our websites or apps, such as a link to the infringing material.
3. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
4. Include the following statement: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
5. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”

The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices of claims of copyright infringement on our websites or apps should be emailed or mailed, at your choice, to:

MotorShopCenter, LLC
4101 NW 77ht AVE
Miami, FL 33166
United States
oche@motorshopcenter.com

It is our policy to respond expeditiously when we receive a clear and complete notice of alleged copyright infringement that complies with the Digital Millennium Copyright Act (the “DMCA”). If we receive proper notification of claimed copyright infringement, we will remove or disable access to material claimed to be the subject of infringing activity in accordance with the DMCA, and in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and attorneys’ fees) if you make a false claim of copyright infringement. We will review and address all notices that comply with the requirements above.

In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or accountholders who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to our websites and apps, and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Account Information
In order to access certain features of our websites and apps, you may be required to create a user account (your “Account”). Information you provide through your Account must be truthful. User names may not be offensive, deceptive or violate any other party’s rights. You are responsible for the security of your access codes and passwords, and agree that the Companies are not liable for any unauthorized use of those access codes or passwords. If you are a resident of a jurisdiction that provides a right to delete personal information and you submit such a request to us, processing your request may result in the deletion of some or all of your account information.

Termination of Usage
We reserve the right to suspend and/or terminate your Account and your access to our websites and apps at any time, for any reason, without prior notice, as determined in our sole discretion. If you violate any of these Terms of Use, commit fraud or falsify information in connection with your use of our websites or apps, your Account may be terminated immediately and we reserve the right to hold you liable for any and all damages we may suffer, to pursue legal action through relevant local, national and international law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of our websites or apps. If we terminate your Account, you may not re-enroll or join under a new account unless we formally invite you.

You may discontinue your use of and access to the websites and apps at any time. However, these Terms remain in force until terminated by the Companies, which may be done at any time in our sole discretion. We may also, at any time, suspend or block your access to our websites and apps without notice for any conduct that we, in our sole discretion, believe is contrary to the Companies’ best interests, in violation of these Terms, or in violation of any applicable local, state, or federal laws or regulations.

In the event of any termination, the restrictions on your use of the material on the websites and apps (including with respect to intellectual property), and any of these Terms that are by their nature unaffected by termination of your usage of the websites and apps (including the terms applicable to dispute resolution, indemnification, limitation of liability, and disclaimer of warranty) shall survive such termination, and you agree to remain bound by those terms. We reserve the right to seek all remedies available at law and in equity for violations of these Terms.

Availability of the Websites and Apps
While we use commercially reasonable efforts to keep our websites and apps accessible, they may be unavailable from time to time for indefinite amounts of time and for any reason including, without limitation, routine maintenance. We are not responsible for any coverage or connectivity issues you may experience, or any charges, data rates, or other fees incurred for cellular service, internet connection, etc.

Product Availability & Descriptions
Product availability is not guaranteed. All prices displayed on our websites and apps are quoted in U.S. dollars and are valid in the continental United States only. We reserve the right, without prior notice, to discontinue products, change availability, or change specifications and prices on products shown on our websites. We further reserve the right to limit the order quantity of any items without prior notice, before or after your purchase.

Although we strive for accuracy in all elements of our websites, including product listings, descriptions and images of products, there may be errors, inaccuracies or omissions that relate to product descriptions, pricing, promotions, offers, shipping prices, shipping times, availability, or other details. As the actual colors you see displayed for products may vary depending on your monitor or device, we cannot guarantee that your monitor’s display of color will accurately reflect actual product color or finish. We are not responsible for your interpretation or reliance on any information or content found on the websites, and make no representations about the accuracy, reliability, completeness, or timeliness of the websites and apps. We are not responsible for the conduct, whether online or offline, of any person using the websites, including any person’s violation of these Terms of Use.

We reserve the right to correct any errors, inaccuracies or omissions (including pricing) and to change or update information or cancel orders if any information on our websites is inaccurate at any time without prior notice (including after you have submitted an order).

If your order is cancelled after you have already been charged for the purchase, we will refund to you the amount paid.

Risk of Loss
The risk of loss and title for products purchased by you passes to you upon our delivery of the items to the shipping carrier.

Emissions Laws & Aftermarket Parts
By purchasing aftermarket parts modifying motorcycle emission control systems, including but not limited to exhausts, fuel controllers and smog block-off plates (“Racing Parts”), you acknowledge that those Racing Parts are legal only for closed-course competition use, and you agree not to use those Racing Parts on a street vehicle. The Companies cannot verify your usage of Racing Parts, and will not be held responsible for any misuse. It is your responsibility to comply with all laws that apply to your vehicle.

State Sales and Use Taxes
State sales, use, and other taxes may be due on products and services sold through our websites and apps, and are assessed as applicable. In addition to notice of tax due on each purchase, which we provide at checkout, certain states require the delivery of an annual purchase summary to customers and the state tax authority. By purchasing products and services through our websites and apps, you are agreeing to delivery of this annual summary to you via email. Annual tax summaries are tax documents that may require action on your part.

Third-Party Links
Our websites and apps may contain links to third party websites and features. The Companies are not responsible or liable for any websites or apps other than our own, even if linked from one of the Companies’ websites or apps. Please review the privacy policies and terms of use for each website or app you visit before downloading, using, or submitting your information.

Disclaimer of Warranty
THE COMPANIES’ WEBSITES AND APPS, AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THEM, ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANIES HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WITH RESPECT TO THE WEBSITES, APPS, AND ANY SERVICES, PRODUCTS, OR MERCHANDISE OFFERED THROUGH THE WEBSITES OR APPS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE COMPANIES’ WEBSITES AND APPS IS AT YOUR SOLE RISK AND THAT THE COMPANIES ARE NOT LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE WEBSITES OR APPS, OR ANY PRODUCTS OR SERVICES SOLD THROUGH THEM. YOU FURTHER AGREE TO ASSUME THE ENTIRE COST OF ANY AND ALL DAMAGE, SERVICING, REPAIR, OR CORRECTION TO YOUR VEHICLE, DEVICE, COMPUTER SYSTEM, OR OTHER EQUIPMENT THAT MAY BE NEEDED DUE TO YOUR USE OF THE WEBSITES OR APPS, OR ANY PRODUCTS OR SERVICES SOLD THROUGH THEM. NEITHER THE COMPANIES NOR ANY OF THEIR EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE WEBSITES OR APPS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITES OR APPS, (B) THE AVAILABILITY OR DELETION OF, OR FAILURE TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE WEBSITES OR APPS, (C) THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY CONTENT OR INFORMATION OFFERED THROUGH THE WEBSITES OR APPS, OR (D) THAT THE FILES AVAILABLE FOR DOWNLOAD FROM THE WEBSITES OR APPS, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MAY HAVE CONTAMINATING OR DESTRUCTIVE PROPERTIES.

Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANIES OR ANY OF THEIR EMPLOYEES, AGENTS, PARTNERS, SERVICE PROVIDERS, CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, BREACH OF CONTRACT, PRODUCT LIABILITY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITES OR APPS, ARISING OUT OF THE CONTENT AND OTHER INFORMATION CONTAINED THEREIN OR IN THESE TERMS OF USE, THE PRODUCTS OR SERVICES PROVIDED THROUGH OUR WEBSITES AND APPS, OR YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITES OR APPS, OR ANY CONTENT OBTAINED FROM THE WEBSITES OR APPS, EVEN IF REVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE COMPANIES’ TOTAL LIABILITY EXCEED, IN THE AGGREGATE FOR ALL CLAIMS SUBJECT TO THESE TERMS OF USE, AN AMOUNT THAT IS THE GREATER OF TWO HUNDRED AND FIFTY DOLLARS (USD $250.00) OR THE AMOUNT THAT YOU HAVE PAID US IN THE LAST YEAR FOR ACCESS TO OUR WEBSITES AND APPS.

YOU ACKNOWLEDGE THAT THE COMPANIES WOULD NOT PROVIDE ACCESS TO THEIR WEBSITES OR APPS IF NOT FOR THE FOREGOING LIMITATIONS, AND THAT THESE LIMITATIONS OF LIABILITY ARE ESSENTIAL ELEMENTS OF THE TERMS OF USE. THESE LIMITATIONS OF LIABILITY REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OR EXCLUSION OF LIABILITY IN ALL CIRCUMSTANCES, IN THOSE JURISDICTIONS, THE COMPANIES’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Dispute Resolution Terms
Our customer service team is here to assist you with any issues you may encounter with our websites, apps, services, or products. The following terms apply to disputes, which we are unable to resolve informally. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE YOUR CLAIM HEARD BY A JURY.

Agreement to Mediation and Arbitration
Any and all disputes, claims, and causes of action between you and the Companies, including those arising out of or connected with our websites and apps, any benefits associated with them, these Terms and Conditions, or our Privacy Policy that cannot be settled through informal discussions shall be first submitted to mediation administered by the American Arbitration Association (“AAA”) under its Commercial Mediation Procedures before resorting to binding arbitration. Any dispute, claim, or cause of action that is not resolved by mediation shall be settled by binding arbitration administered by the AAA in accordance with its Commercial Arbitration Rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules, and we will reimburse those fees if your claims at issue seek less than $10,000. Likewise, we will not seek attorneys’ fees and costs in arbitration. Judgment on any award rendered by the arbitrator may be entered in any state or federal court of competent jurisdiction.

Exclusions from Arbitration
Notwithstanding the above, you or the Companies may choose to pursue a dispute in court and not by arbitration if the dispute qualifies for resolution in small claims court. The Companies may also seek injunctive relief, damages, or other appropriate relief in state or federal court if the dispute involves an infringement or threatened infringement of our intellectual property rights. Any such dispute brought by you or the Companies in court shall be filed in the state or federal courts located in Philadelphia, Pennsylvania, and you consent and agree to the personal jurisdiction and venue of these courts.

Class Action Waiver
You agree that, to the maximum extent permitted by applicable law, any and all disputes, claims, and causes of action arising out of or connected with the websites and apps, any products or services sold through them, these Terms and Conditions, or our Privacy Policy will be resolved on an individual basis, without resort to any form of class action or mass action. This provision shall not be construed as a waiver of your right to seek public injunctive relief as provided under California law to the extent such right may otherwise be available to you.

Time Limitation
You agree to bring any and all claims against the Companies within one year from the date of accrual of a cause of action, and that actions brought after this date will be deemed time-barred.

Indemnification
You agree to indemnify, defend, and hold harmless the Companies, their parents and affiliates, together with their respective employees, agents, directors, officers, suppliers, and shareholders from and against any and all claims, demands, actions, costs, liabilities, losses of any kind (including attorneys’ fees) arising out of your use of the websites and apps, your breach or alleged breach of these Terms of Use (including but not limited to the warranties related to your User Content), or your breach or alleged breach of the copyright, trademark, proprietary, or other rights of the Companies or third parties.

Additional Terms for iOS Apps
In addition to your agreement with these Terms of Use, the following provisions apply with respect to your use of any version of our mobile apps compatible with Apple Inc.’s iOS operating system.

a. You and the Companies acknowledge that these Terms of Use are between you and the Companies only, and not with Apple. The Companies, not Apple, are solely responsible for their websites and apps, and the content therein.

b. The license you have been granted in these Terms of Use is limited to a non-transferable license to use the Companies’ apps on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using our mobile apps, such as your wireless data service agreement.

c. You and the Companies acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the websites and apps.

d. Apple is not responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of any of our mobile apps to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the mobile app to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the Companies’ sole responsibility.

e. You and the Companies acknowledge that the Companies, not Apple, are responsible for addressing any of your claims or any third party claims relating to our mobile apps or your possession and/or use of our mobile apps, including, but not limited to: (i) product liability claims; (ii) any claim that our mobile apps fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

f. You and the Companies acknowledge that, in the event of any third-party claim that one of our mobile apps infringes that third party’s intellectual property rights, the Companies, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

g. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

h. Any questions, complaints or claims with respect to our mobile apps should be directed to us, using the information found below under “How to Contact Us.”

i. You and the Companies acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you.

No Waiver
No delay or failure by the Companies to enforce any provision in these Terms of Use shall constitute a waiver of any of the Companies’ rights. Neither the receipt of any funds by the Companies nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of the Companies shall have any legal effect.

Severability
If any provision of these Terms of Use is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.

Assignment
The Companies may assign or transfer their rights and obligations in the websites or apps, or under these Terms to any company or person at any time, without restriction, and without prior notice. You may not assign or transfer any rights or obligations to anyone without specific, prior, written consent by the Companies.

Governing Law
Any disputes arising out of or related to these Terms of Use and/or your use of our websites or apps shall be governed by the laws of the United States and the State of Pennsylvania, without regard to choice-of-law rules and without regard to conflicts-of- laws principles.

How to Contact Us
If you have any comments or questions about these Terms of Use, communications can be submitted to our postal address, via email to privacy@cyclegear.com, or by calling 1-800-292-5343.

MotoMacia
4805 NW 79ht AVE Suite 9
Miami, FL 33166
United States