NOTE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION, CLASS ACTION WAIVER AND TIME LIMIT ON SUBMITTING CLAIMS THAT AFFECT YOUR RIGHTS. PLEASE READ THESE TERMS CAREFULLY.
SECTION 1 – ACCESS AND LIMITATIONS
We only authorize you to use the Website and Content for your own personal, non-commercial use in compliance with all applicable laws (including but not limited to applicable intellectual property and copyright laws). “Content” means any information or materials displayed on the Website or other applications, such as, text, graphics, data, articles, photos, images, illustrations, and so forth. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license, to (i) access and view any Content solely for your personal and noncommercial purposes and (ii) access and view any Content to which you are permitted access, solely for your personal and noncommercial purposes. You have no right to sublicense the license rights granted in this section. You may not use our Website or products for any illegal or unauthorized purpose nor may you, in the use of our Website or products, violate any applicable laws, including but not limited to intellectual property laws. We reserve the right to refuse Website to anyone for any reason at any time.
SECTION 2 – PAYMENT AND ELECTRONIC COMMUNICATIONS
We reserve the right to determine pricing for our products or services. We will make reasonable efforts to keep pricing information published on the Website up to date. We encourage you to check our Website periodically for current pricing information. We may change the pricing or fees for any product at any time. We may, in our sole discretion, make promotional offers with different features and different pricing to any of our customers. These promotional offers, unless made to you, will not apply to your offer or these Terms. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
Before you pay for products or services you’d like to purchase, you will have an opportunity to review and accept the fees that you will be charged. We will list shipping charges for your order upon checkout, and you must pay all shipping charges for the location of the address you provide. Please note that international packages may be subject to duties and taxes. You must also pay all tariff, import, customs, tax, and other charges applicable in your jurisdiction. The limits for duty-free packages are established by your local customs authorities. Please check with your local customs office for information. Due to restrictions from our financial partners or restrictions by law, there are certain countries that we cannot not ship to.
We will attempt in good faith to deliver your purchases in accordance with your order, but we will not be responsible or liable for any impossibility or delays or failure in such delivery. We expressly reserve the right to effect delivery of any order in any number of separate shipments, and the modes of transport and carriers will be decided at our discretion. Your order will be delivered to the delivery address you specify when placing your order. If your delivery address is geographically remote or otherwise difficult to deliver to, it is possible that we may not be able to deliver there. We will not be responsible or liable for any delay or failure to deliver due to any cause which is unavoidable or beyond our reasonable control. In such cases, we will have the right, at our option, without penalty or any liability for breach, to terminate all or any part of any order or to reschedule delivery within a reasonable time.
You authorize us directly or through our third-party payment processors to charge all sums for the orders that you make, including all applicable taxes and shipping costs, to the payment method specified in your account. If you pay any fees with a credit card, we may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. If your order is placed on hold, we will reach out to you to ensure that the delays are minimal. We reserve the right to suspend or terminate access to the Website for any customer for which any amount is due but unpaid. In addition to the amount due for products, a delinquent customer or account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at through our Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
By using the Website and/or the services, you consent to receiving electronic communications from Motorflagking . These electronic communications may include notices via email and text about applicable products or services and charges related to your purchases or other information concerning or related to the Website. These electronic communications are part of your relationship with Motorflagking and you receive them as part of your use of the Website. Standard text or data charges may apply to notices sent via text. Where offered, you may disable text message notifications by responding to any such message with “STOP”, or by following instructions provided in the message.
You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. You will have the ability to opt-out of certain marketing or promotional emails that we send.
SECTION 3 – BILLING AND ACCOUNT INFORMATION
You understand that your personal information (not including credit card information), may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You may choose to create an account on our Website. If you do, you will have a password for your account. To protect your account, you should choose a password different from names, birthdays or street addresses associated with you. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. To the fullest extent permissible by applicable law, you agree to accept responsibility for all activities that occur under your account or password. We may revoke your right to have an Account at any time at our sole discretion.
SECTION 4 – USER CONTENT
You acknowledge and agree that you are solely responsible for all User Content that you make available. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Website, application or services or you have all rights, licenses, consents and releases that are necessary to grant to Motorflagking the rights in such User Content, as contemplated under these Terms; (ii) neither the user Content nor your posting, uploading, publication, submission or transmittal of the User Content or our use of the User Content (or any portion thereof) on, through or by means of the Website applications of any of our products or services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of property, publicity or privacy, or result in the violation of any applicable law or regulation; and (iii) your User Content and your postings will not defame any person, business, location or property.
SECTION 5 – Motorflagking INTELLECTUAL PROPERTY RIGHTS
SECTION 6 – ACCURACY AND COMPLETENESS OF INFORMATION; MODIFICATIONS TO THE SERVICE AND PRICES
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We do not warrant that the quality of any products purchased or obtained by you will meet your expectations, or that any errors will be corrected.
Although we do our best to maintain accurate and updated information, we cannot guarantee that it is always accurate and up to date. Any reliance on the material on this Website is at your own risk. This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or any related applications or services is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Website or any related applications or services, including without limitation, pricing information, except as required by law. No specified update or refresh date applied to the Website or any related applications or services should be taken to indicate that all information on the Website or any related applications or services has been modified or updated.
Prices for our products are also subject to change without notice. All descriptions of products or product pricing are subject to change at any time, with or without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited. We reserve the right at any time to modify or discontinue the Website or any related applications or services (or any part or Content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any product, the Website or any related applications or services.
SECTION 7 – OPTIONAL TOOLS AND THIRD-PARTY LINKS
We may provide you with access to third-party tools, which may include, but shall not be limited to, payment processing tools, over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.
We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
Additionally, certain Content, products and services available via our Website may include materials from third parties. Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, Content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 8 – USER CONDUCT AND PROHIBITED USES
SECTION 9 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Website will be uninterrupted, timely, secure or error-free. We do not warrant that any products purchased will meet your expectations. You agree that from time to time we may remove the Website for indefinite periods of time or cancel the Website at any time, without notice to you. You expressly agree that your use of, or inability to use, the Website is at your sole risk.
The Website and all products purchased and services delivered to you through the Website are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE ASSUME NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITE, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THE WEBSITE, OR PURCHASING ANY PRODUCTS FROM THE WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AND IN NO CASE WHATSOEVER, SHALL Motorflagking , OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, OR ANY OTHER PROPERTY OR OTHER DAMAGE RELATED TO THE PURCHASE, DELIVERY OR USE OF ANY OF OUR PRODUCTS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
SECTION 10 – INDEMNIFICATION
To the fullest extent permissible by applicable law, you agree to indemnify, defend and hold harmless Motorflagking and any of our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (i) your use of and access of the Website; (ii) your purchase and use of any products or services, (iii) your violation of any term of these Terms; (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (v) any claim that your use of the Website caused damage to a third party.
SECTION 12 – DISPUTE RESOLUTION; BINDING ARBITRATION
SECTION 13 – SEVERABILITY
SECTION 14 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
SECTION 15 – ENTIRE AGREEMENT
SECTION 16 – GOVERNING LAW
SECTION 17 – CONTACT INFORMATION
Motorflagking Customer Service Center: 1880 Santa Barbara Ave., Suite 160, San Luis Obispo, CA 93401.