Terms & Conditions

MOTTOUR provides map services, including but not limited to route planning, navigation, experiences along routes, and location-based information. The Terms & Conditions, as outlined below, are a contract between you and MOTTOUR, the provider of this website and web app (herein “Services”). By using this website and web app you are agreeing to these terms and conditions. If you do not agree with anything listed below, do not use MOTTOUR’s website or web app. 

 

License to Use: MOTTOUR grants you a revocable, non-exclusive, non-transferable, limited license to use the Services in accordance with the terms of this Agreement. This means you are NOT permitted to: (a) sub-license, sell, rent, lease, assign, distribute, transmit, duplicate, host, outsource, disclose, or otherwise commercially exploit the Services or make such Services available to any third-party (other than to direct the third-party directly to MOTTOUR); (b) modify, make derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the Services; or (c) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of MOTTOUR or its affiliates, partners, supplier or licensors of the Services. 

 

User Responsibility: You agree to use the Services responsibly and in compliance with all applicable laws and regulations. You further agree to: exercise caution and judgment when using the Services for navigation or route planning; avoid using the Services in a manner that distracts from safe operation of a vehicle or other activities requiring attention; and assume full reasonability for any consequences arising from your use of the Services. 

 

Assumption of the Risk: By using the Services, you expressly acknowledge and agree that driving inherently involves significant risks, including but not limited to the risk of property damage, serious bodily injury and death. You voluntarily assume all such risks associated with your use of MOTTOUR’s Services, including risks arising from your own actions, the actions of others, the conditions of the vehicles or equipment used, and environmental or road conditions. You acknowledge that it is your responsibility to ensure that you are physically and mentally capable of participating in the driving experience and to operate any vehicle in a safe and lawful manner. 

 

Compliance With Traffic Laws: MOTTOUR does not promote, sanction, or encourage the violation of any traffic laws, including but not limited to exceeding posted speed limits, ignoring traffic signals or engaging in reckless driving. The Services are designed to provide route planning and navigation assistance for driving enthusiasts while emphasizing safe and lawful driving practices. You are solely responsible for ensuring compliance with all traffic laws and regulations while using the Services. MOTTOUR is not liable for any fines, penalties, damage, or legal consequences arising from your failure to comply with traffic laws while using the Services. 

 

Racing: MOTTOUR’s Services occasionally include racing on private tracks or roadways. Any Service which occurs without traffic regulations, such as posted speed limits, constitutes a “race” or “racing.” You understand and accept that a Race is designed to allow participants to operate vehicles at high speeds, which inherently increases the risks associated with driving, amplifying the risks outlined in Paragraph 3. You assume ALL risks associated with Racing; you agree to take full responsibility for your participation in Racing, including ensuring that you are physically and mentally capable of engaging in such activities. You are responsible for operating any vehicle in a safe and controlled manner, consistent with the rules and guidelines provided for the event or by the private entity controlling the Race space/venue.  

 

Payment: By registering, you agree to pay all fees or charges associated with your account as disclosed in the app when you sign up. You agree to immediately notify MOTTOUR of any change in your billing address or the credit card used for payment hereunder. MOTTOUR reserves the right to terminate your account if a balance remains unpaid for more than fifteen (15) days. You are responsible for any third-party fees that you may incur when using the Services. MOTTOUR reserves the right at any time to change its prices and billing methods, either immediately upon posting on its Site or by emailing you. MOTTOUR does not provide refunds for any services purchased from MOTTOUR. 

 

Change of Terms: Should MOTTOUR change these terms and conditions, it shall post them on the Services page in a conspicuous manner for no less than 48-hours before the new terms apply. By continuing to use MOTTOUR, you agree to the new terms once they have been posted. 

 

Changes to Services: MOTTOUR reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Services, with or without notice to you. You acknowledge and agree that MOTTOUR has no obligation to provide any updates to its Services or continue to provide or enable any particular feature and/or functionalities of its Services. 

 

Insurance: As a condition of using the Services, you agree to maintain at all times a valid automobile insurance policy that meets or exceeds the minimum coverage requirements mandated by the laws of the state, providence, country, or municipality in which your vehicle is registered. You are solely responsible for ensuring that your automobile insurance complies with all applicable state laws and regulations. MOTTOUR shall not be liable for any claims, damages, or penalties arising from your failure to maintain adequate insurance coverage. 

 

Accuracy of Information: While MOTTOUR strives to provide accurate and up-to-date information, the app may include errors, inaccuracies, or omissions. You acknowledge that map data, routes, and other information provided by MOTTOUR may not always be accurate, complete, or reliable. External factors such as road conditions, weather, construction, or other unforeseen circumstances may impact the accuracy or usability of the MOTTOUR’s services. You are solely responsible for verifying the suitability and safety of any route or information provided by MOTTOUR. 

 

Acknowledgement of Risk: You acknowledge that MOTTOUR’s website and web app are provided on an “AS IS” and “AS AVAILABLE” without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. You assume ALL risks related to: reliance or inaccuracies or incomplete map data or route information; navigation errors delays, or disruptions; third-party content or services accessed through or on the Services.

 

Limits of Liability: To the fullest extent permitted by law, MOTTOUR and its affiliates, officers, employees, agents, partners, licensors, or suppliers shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising from or related to: (1) Your use or inability to use the Services; any errors, inaccuracies, or omissions in the Services’ content or functionality; or any third-party content, services or links accessed through MOTTOUR/Services. Furthermore, MOTTOUR and its related entities and persons shall not be held liable for any property damage, personal injuries, or harm (including death or dismemberment) you may incur while using the Services, or for any property damage, injuries, or harm (including death or dismemberment) caused to third parties, bystanders, or spectators, as a result of your use of the Services, except in cases of gross negligence or willful misconduct on the part of MOTTOIR. You expressly agree to assume full responsibility for any damages or injuries caused by your actions while using the Services, including but not limited to damages or injuries (including death and dismemberment) to third parties, bystanders, or spectators. You further agree to indemnify and hold harmless MOTTOUR, its affiliates, officers, employees, agents, partners, licensors, and suppliers from any claims, demands, or lawsuits brought by third parties as a result of your actions while using the Services. This limitation of liability applies to all claims, whether arising in contract, tort, strict liability, or otherwise, and is subject to the exceptions and limitations provided by applicable law. 

 

Promotions: MOTTOUR may, from time to time, run or include contests, promotions, sweepstakes, or other activities (collectively “Promotions”) that require you to submit material or information concerning yourself. Any Promotion will be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and/or geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agreed to abide by and to comply with all Promotions Rules. 

 

White-Labeling and Third-Party Content: MOTTOUR provides its Services to car clubs, car enthusiasts groups, and other third-parties to use under their own naming and label. MOTTOUR specifically disclaims all liability for any content, data, or materials uploaded, submitted, or otherwise provided by third parties, including but not limited to anyone using the MOTTOUR Services under a white-label arrangement. MOTTOUR shall not be liable for: the accuracy, legality, safety, or appropriateness of any content or materials uploaded by third-parties; any claims, damages, or liabilities arising from events, activities, or services organized by third-parties using MOTTOUR Services; any failure by third-parties to comply with applicable laws, regulations, or insurance requirements.  

 

User-Generated Content: 

 

• License: Any content, data, or materials uploaded, submitted, or otherwise provided by you through the MOTTOUR app or website shall remain your property. However, by submitting such content, you grant MOTTOUR a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with the operation and promotion of the Services. 

• No Harm: You agree that any content, data, or material that you upload, submit or otherwise provide to MOTTOUR will not contain harmful, illegal, defamatory, obscene, or otherwise objectionable material; nor will such infringe on any intellectual property rights, privacy rights, or any other rights of third parties. If you violate 12.b. MOTTOUR reserves the right to temporarily or permanently remove or disable your account, without any prior notice. MOTTOUR reserves the right to pursue legal remedies, including seeking damages, for any harm caused by your user-generated content. You agree to indemnify and hold MOTTOUR harmless for any claims, damages, or liabilities arising from your User-Generated content, including but not limited to claims of intellectual property infringement, defamation, or violation of laws. 

 

Contact Us: If you have questions, comments, concerns, or suggestions, you can contact MOTTOUR at contact@mottour.com. 

 

Intellectual Property: The MOTTOUR app, website, and all related content are protected by United States and international copyright laws. Unauthorized reproduction, distribution, modification, or use of any MOTTOUR IP strictly prohibited and may result in legal action. The MOTTOUR name, logo, and all related names, logos, and products and service names, designs, and slogans are trademarks of MOTTOUR or its affiliates. You may not use such marks without the prior written permission of MOTTOUR. All other names, logos, products and service names, designs, and slogans on the MOTTOUR app or website are their respective owners. MOTTOUR is not responsible for any third-party content or intellectual property made available through the Services. Users are solely responsible for ensuring that their use of third-party content complies with applicable laws and does not infringe on the rights of others. 

 

Severability: If any provision of this Agreement is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the extent necessary to make it valid, legal, and enforceable while preserving its original intent. If such modification is not possible, the provision shall be deemed severed from this Agreement, and the remaining provisions shall remain in full force and effect. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of any other provision of this Agreement, which shall continue to govern the rights and obligations of the parties to the fullest extent permitted by law. 

 

Class Action Waiver: You agree that any lawsuit shall be conducted solely on an individual basis and not as a class, collective, or representative action. The arbitrator shall not consolidate the claims of multiple parties or preside over any form of a representative class proceeding. 

 

Jurisdiction and Venue: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Ohio, without regard to its conflict of law principals. The parties agree that any legal action or proceeding arising out of or related to this Agreement shall be brought exclusively in the state or federal courts located in Columbus, Ohio. Each party irrevocably submits to the exclusive jurisdiction of such courts and waives any objection to the venue or jurisdiction of such courts, including objections on forum non conveniens. 

 

Waiver: No failure or delay by MOTTOUR in exercising any right, power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. Any waiver of any provision of this Agreement will be effective only if in writing and signed by an authorized representative of MOTTOUR. The waiver of any breach or default shall not constitute a waiver of any subsequent breach or default, whether of the same or a different nature.

 

Entire Agreement: This Agreement, including any documents expressly incorporated by reference, constitutes the entire understanding and agreement between you and MOTTOUR concerning its subject matter and supersedes all prior and contemporaneous agreements, representations, warranties, and understandings, whether written or oral, relating to such subject matter. No amendment, modification, or waiver of any provision of this Agreement shall be effective unless in writing and signed by an authorized representative of MOTTOUR. Section headings in this Agreement are for convenience only and shall not affect the interpretation of any provision  

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