MotoStays.com and/or the community website (the “Site”) provided by MotoStays exists for the sole purpose of providing options (the “Services”) for members (the “Users”) to find places to stay, services and offerings, meet, interact, participate in discussions and share ideas with each other.
MOTOSTAYS SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF USE OR INABILITY TO USE THE SERVICE.
Please Note: We may change these terms from time to time. You will always be able to view the most current version by clicking on a link at the bottom of any page on our site.
1. AUTHORIZED USE.
2. NO UNLAWFUL OR PROHIBITED USE.
3.SERVICES AND CONTENT RELATED TERMS
Certain areas of the Services (and your access to use of certain areas of the content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these terms and terms and conditions posted for a specific area of the Services or Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Services or Content, as applicable.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY, THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES OR CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity
MotoStays LLC reserves the right, at its sole discretion, to modify, discontinue or terminate the Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification via the Services or provide you with notice of the modification. By continuing to access or use Services after we have posted a modification via the Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to stop using the Services.
The Services are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 years or older.
6. PAYMENT TERMS
Certain aspects of the Services are, or may in the future be, provided for a fee or other charge. In the event you choose to use paid aspects of the Services, (e.g., if you decide to purchase paid membership, advertising or other paid services), you agree to the pricing, payment and billing policies applicable to such fees and charges. All fees are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.
The Services. You acknowledge and agree that the Services and website content including all associated intellectual property rights, are the exclusive property of MotoStays LLC and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Collective Content.
8. RULES FOR USE OF THE SERVICES
In addition to the General provisions listed above, your participation in the Services is governed by specific rules (“Rules”) maintained and enforced exclusively by MotoStays. Your cooperation in understanding and complying with the Rules is essential to ensure that all Users can enjoy their experience with the Services. According to the Rules, you must:
- respect the rights of other Users to enjoy the Services. To this end, you may not defraud, harass, threaten, or cause distress and/or unwanted attention to other Users.
- not spam, flood, or make duplicate posts, post commercial solicitations or ads when engaging in any interaction with other Users or any MotoStays LLC employees or agents, including customer service representatives, or otherwise disrupt the normal flow of dialogue, or use sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, or racially or ethnically offensive language or link to any such language or content;
- not impersonate any employee or agent including customer service representatives, of MotoStays LLC or its affiliates;
- not post or communicate any User’s information (name, address, account name, etc.) through the Services or use in any way or form that his harmful, distressful, harassing or unwanted to other Users.
- not offer or perform services for cash;
- not organize or be a member of any groups that are based on or espouse any racist, sexist, anti-religious, anti-ethnic, anti-gay or other discriminatory values;
- not use any third-party program (such as a “bot”) in order to automate functions, including interacting, or gathering currency or goods within the Services; or
- not exploit or engage in any other conduct that is disrespectful to other Users or contrary to the “spirit” of the Services.
MotoStays LLC will have the right to investigate and prosecute violations of any of these Terms to the fullest extent of the law, including, without limitation, the General Prohibitions and Rules. MotoStays LLC may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that MotoStays LLC has no obligation to monitor your access to or use of the Services or to review or edit any Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. MotoStays LLC reserves the right, at any time and without prior notice, to remove or disable access to any Services or Content that MotoStays LLC, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Services.
10. TERMINATION AND ACCOUNT CANCELLATION
If you breach any of these Terms, MotoStays LLC will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. MotoStays LLC reserves the right to revoke your access to and use of the Services and Content at any time, with or without cause. In the event MotoStays LLC terminates these Terms for your breach, you will remain liable for all amounts due hereunder. You may cancel your Account with MotoStays LLC at any time by sending an email to http://email@example.com
THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MOTOSTAYS LLC EXPLICITLY DISCLAIMS ANY WARRANTIES OF SERVICES, MERCHANTABILITY, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF USAGE.. MOTOSTAYS LLC MAKES NO WARRANTY THAT THE SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MOTOSTAYS LLC MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MOTOSTAYS LLC OR THROUGH THE SERVICES OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
THE SERVICES ARE NOT GUARANTEED; YOU ARE SOLELY RESPONSIBLE FOR OBTAINING ADEQUATE INFORMATION ON YOUR BEHALF. YOU ARE FINANCIALLY RESPONSIBLE FOR ANY RELATED CHARGES, EXPENSES AND/OR DAMAGES RESULTING FROM USE OF THE SERVICES.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT, UNLESS OTHERWISE SPECIFIIED, MOTOSTAYS LLC DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES. MOTOSTAYS LLC MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
You agree to defend, indemnify, and hold MotoStays LLC its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or Content, or your violation of these Terms.
13. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND CONTENT REMAINS WITH YOU. MOTOSTAYS LLC WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES
IN NO EVENT WILL MOTOSTAYS LLC AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO MOTOSTAYS LLC FOR USE OF THE SERVICES OR CONTENT IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM GIVING RISE TO LIABILITY, IF YOU HAVE MADE ANY PAYMENTS TO MOTOSTAYS LLC OR TWENTY-FIVE DOLLARS ($25), IF YOU HAVE NOT MADE ANY PAYMENTS TO MOTOSTAYS LLC, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MOTOSTAYS LLC AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
14. PRIOPRIETARY RIGHTS NOTICES
All trademarks, service marks, logos, trade names and any other proprietary designations of MotoStays LLC used herein are trademarks or registered trademarks of MotoStays LLC. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
15. CONTROLLING LAW AND JURISDICTION
These Terms and any action related thereto will be governed by the laws of the State of Washington without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the state and federal courts located in the State of Washington and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
16. ENTIRE AGREEMENT
These Terms constitute the entire and exclusive understanding and agreement between MotoStays LLC and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between MotoStays LLC and you regarding the Services and Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without MotoStays LLC’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. MotoStays LLC may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by MotoStays LLC (i) via email (in each case to the address that you have provided, as applicable); or (ii) by posting via the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of MotoStays LLC to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of MotoStays LLC. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
20. CONTACTING MOTOSTAYS LLC
If you have any questions about these Terms please contact MotoStays LLC at
COLLECTION OF PERSONAL INFORMATION
MotoStays may collect personally identifiable information, such as name, address, phone, email. If you purchase MotoStays products or services, we may also collect billing and credit card information. This information is used to complete the purchase transaction. MotoStays may also collect anonymous demographic information, which is not unique to you, such as, but not limited to, your age and gender. We may gather personal or non-personal information now and in the future.
Information about your computer hardware and software may be automatically collected by MotoStays. This information can include your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service to maintain quantity of service and to provide general statistics regarding us of the MotoStays website.
MotoStays encourages you to review the privacy statements of websites you choose to link to from MotoStays so that you can understand how those websites collect, use and share your information. MotoStays is not responsible for privacy statements or other content on websites out of the MotoStays website.
USE OF PERSONAL INFORMATION
MotoStays collects and uses for personal information to operate its website and deliver services you have requested. MotoStays may also use your personally identifiable information to inform you of other products or services available from MotoStays and its affiliates. MotoStays may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
MotoStays does not sell, rent or lease its customers to third parties.
MotoStays may from time to time contact you on behalf of external business partners about particular offerings that may be of interest to you. In those cases, your unique personally identifiable information (email, name, address, telephone number) may be transferred to a third party. MotoStays may share data with trusted partners to help perform statistical analysis, send you email or postal mail, and/or provide customer service. All such third parties are prohibited from using your personal information except to provide those services to MotoStays and they are required to maintain the confidentiality of your information.
MotoStays may keep track of the websites and pages our users visit within MotoStays in order to determined what MotoStays services are most popular. This data is used to deliver customized content and advertising within MotoStays to customers whose behavior indicates that they are interested in a particular subject area.
MotoStays will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to (a) conform to the edicts of the law or comply with legal process served on MotoStays or the site; (b) protect and defend the rights or property of MotoStays; and (c) act under exigent circumstances to protect the personal safety of users of MotoStays or the public.
The MotoStays website may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalize MotoStays pages, or register with MotoStays site or services, a cookie helps MotoStays to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing and/or shipping addresses and so on. When you return to the same MotoStays website, the information you previously provided can be retrieved so you can easily use the MotoStays features that you customized.
You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the MotoStays site, services or websites you visit.
SECURITY OF YOUR PERSONAL INFORMATION
MotoStays secures your personal information from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption such as Secure Sockets Layer (SSL) protocol
CHILDREN UNDER 18
MotoStays does not knowingly collect personally identifiable information from children under age of 18. If you are under age of 18, you may not use the MotoStays site.
CHANGES TO THIS STATEMENT
MotoStays will occasionally update this Statement of Privacy to reflect company and customer feedback. MotoStays encourages you to periodically review this Statement to be informed of how MotoStays is protecting and/or using your information.
MotoStays welcomes your question or comments regarding this Statement of Privacy. If you believe MotoStays has not adhered to this statement or have general questions, please contact MotoStays at: firstname.lastname@example.org.