The terms and conditions
(‘T&C’) set out herein below govern the use of
Motorbunny’s ('the Company') services offered and
available (“the Services”) in the Company’s application
(“the App”). The End User shall read this ‘T&C’
carefully as the End User is deemed to have read and
agreed to the T&C (“Agreement”) and shall be bound by
the T&C set out herein after clicking the “I Agree”
The Company shall reserve the rights to amend the terms and conditions from time to time whereby the End User will be notified of any amendments via announcement on the App.
If the End User continues to use the App and other services provided by the Company on the App after the date on which any amendments come into effect, the End User shall be deemed to have consented to be bound by the amended terms and conditions. In the event the End User does not agree to the amendments, the End User shall discontinue to use the App and/or the Services.
Arbitration and choice of venue notice: these terms contain an arbitration clause and a choice of venue clause. Except for certain types of disputes mentioned in that arbitration clause, you and Motorbunny agree that disputes between us will be resolved by mandatory binding arbitration in the venue set forth in the agreement, and you and Motorbunny waive any right to participate in a class-action lawsuit or class-wide arbitration.
The End User
1.1.The End User must be an Individual as defined below, and includes any person browsing and/or viewing the App.
'Individual' means individuals who are capable to enter into a legally binding agreement with the Company under New Mexico law.
An 'Individual' who is below 18 years of age is not allowed to access the App and use the Services provided.
By using the Services, you state that:
You have the capacity and desire to form a binding contract with Motorbunny;
You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations;
If you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity.
Duties and Obligations of the End User
2.1.The End User is personally responsible for his/her use of the App and/or Services.
2.2.The End User uses the App and/or the Services at his/her own risk.
2.3.The End User shall not misuse the App by creating multiple accounts.
2.4.The End User shall use the Services in accordance with the terms and conditions of this Agreement and any law at the time being in force in New Mexico or the United States.
2.5.The End User shall not provide and/or cause to be provided information which:
is false, inaccurate or misleading;
infringes the intellectual property rights including copyright, patent, trade mark, trade name, designs, trade secret, confidential information, know-how, goodwill, rights of privacy or publicity of other any other third party;
violates or breaches any law;
contains pornographic or obscene materials.
contains any computer viruses and/or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
creates liability for the Company or causes the Company to lose, in whole or in part, the services of its Internet Service Providers or other suppliers;
introduces, spreads or is intended to introduce and/or spread contents or propaganda of religious, cultural or racist nature; or
any other prohibited content as provided under the Act.
2.6."Information" referred to hereinabove shall also covers any information provided by the End User to the Company or to other End Users in any public message area (such as community forums, photo area and feedback area) or through email.
2.7.The End User is solely responsible for the accuracy of the said Information.
Refund and Return Policy
The End User shall not be entitled to request refund for the purchased App from the Company. In the event there is any defect on the goods purchased from the Motorbunny website, the End User agrees to be bound by the products’ return and refund policy and shall settle the refund or return of products with Motorbunny accordingly.
4.1.All content, organization, layouts, texts, documents, databases, graphics, designs, compilations, photographs, pictures, drawings, videos, sound recordings and other materials related to the App ("Content") are works protected under the U.S. Copyright Act.
4.2.Subject to the exceptions stated in this Agreement, the End User is strictly prohibited from carrying out any of the following acts without the prior written consent of the Company:
modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, transferring, downloading, posting, creating derivative works from, framing and using on any other website, the Content; and
transferring and / or selling any information, software, End User list, database or other lists, compilations, products or services provided through or obtained from the Company or from the App including but not limited to, the texts, graphics, logos, photos, audio files and visual files.
2.3.No part of the Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, for republication, distribution, assignment, sublicense, sale, and preparation of derivative works or other use other than for the End User's personal use only. The End User further agrees that he or she shall not infringe the Company's copyright by any method or manner now known or as may exist in the future.
2.4.The Company takes a serious view on intellectual property right infringements and will not hesitate to take action including commencing legal proceedings against any person for such infringement. The Company aggressively enforces its intellectual property rights to the fullest extent of the law.
2.5.The domain name on which the App is hosted on is the sole property of the Company and you may not use or otherwise adopt a similar name for your own use.
2.6.The App and its logos are trademarks or registered trademarks of the Company.
2.7.Names, marks and logos of all other products, services and companies mentioned on the App may be the trademarks of their respective owners.
Content Use Conditions
2.8.All information, materials, functions and other content ("Content") on the App including any sounds, music, text, graphics, data, stills, photographs, and moving images are copyrighted property of the Company. The End User may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to the Services or App.
2.9.The End User agrees not to reproduce, display or otherwise provide access to the Services or Content on another website or server, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of the Company.
2.10.You may not decompile, reverse engineer or otherwise attempt to discover the source code of any Content available on the App or the Services except under the specific circumstances expressly permitted by law or the Company in writing.
Online Conduct of the End User
5.1.We have built our software with an open API that allows the User to write code that would provide the tipping integration to a certain online platform. Users of this software will not use this feature in a manner that infringes on any other party’s Intellectual Property.
Respecting Other People’s Rights
5.2.You agree not to misuse this Site. You will not: commit or encourage a criminal offense; transmit or distribute a virus, worm, or any other material which is malicious, technologically harmful, in breach of confidence, or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material (commonly referred to as "spam"); or attempt to affect the performance or functionality of any computer facilities of or accessed through this Site. Breaching this provision would constitute a criminal offense and we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
5.3.You may not use the Services, or enable anyone else to use the Services, in a manner intentional or not that:
violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual-property right;
bullies, shames, harasses, or intimidates others;
spams or solicits our users
5.4.These Terms do not grant you any right to do any of the following (or enable anyone else to do so):
use branding, logos, designs, photographs, videos, or any other materials used in our Services;
copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms;
use of the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without our consent.
5.5.You may not use the service or the content on the Services in ways that are not authorized by these Terms. Nor may you help anyone else in doing so.
5.6.The End User undertakes:
to comply with all T&C of this Agreement, and such other notices or guidelines that may be posted at the App by the Company from time to time (which are hereby incorporated by reference into this Agreement);
not to use the Services or any Content for any unlawful purpose, and to comply with all applicable laws and regulations, including without limitation, copyright law; and
not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the App or the Services, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming.
Privacy & Confidentiality
6.1.The Company collects information about its End Users ('End User Information') during the register process, where End Users are required to create a password before creating their End User account on the App. An End User will only be able to log in and access the App by keying in the designated password.
6.2.All End User activities are logged. When the End User requests pages from the Company's servers, it automatically collects information about the End User's preferences, including the End User's Internet Protocol address.
6.5.A cookie is a small data file that is written to your hard drive when you visit certain Web sites. Cookie files contain certain information, such as a random number End User ID that the App assigns to a visitor to track the pages visited. The only information a cookie can contain is information you supply yourself. A cookie cannot read data off your hard disk or read cookie files created by other sites.
6.6.Cookies allow you to use more sophisticated interactive programs. Cookies, by themselves, cannot be used to find out the identity of any End User. Only information provided voluntarily is stored, but this information is not personally identifiable.
Contacts of the End User
6.7.End Users are required to provide their name, valid phone number, email and mailing address to the Company in order to use the services on the App.
6.8.The End User’s contacts are protected by the Privacy notice and will not be disclose to any third party except under the special circumstances expressed in the Privacy notice.
Termination and Suspension
6.9.The Company reserves its right to immediately suspend or terminate its service to the End User without warning and/or notice if the End User violates any terms and conditions in this Agreement.
6.10.The Company does not guarantee continuous, uninterrupted or secure access to the Services, and operation of the App may be disrupted due to numerous factors outside the Company's control and the Company shall not be liable for any loss, liability or damage which the End User may incur as a result.
6.11.The App and the Services are provided on an “as is” and “as and when” basis, without any warranty of any kind whether express or implied including but not limited to warranties of merchantability, fitness for purpose, title or non-infringement. To the extent permissible by law the Company excludes all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance.
6.12.The End User acknowledges and agrees that the Company does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over any products or services advertised on the App through the Services, and the Company hereby expressly disclaims all liabilities and responsibilities arising in relation to any products or services whether available or advertised via the App through the Services.
6.13.The End User agrees that all statements, offers, information, opinions, materials, Content, and third party products or services, from other End Users and from End Users and other third parties on this App should be used, accepted and relied upon only with care and discretion and at the End User's own risk, and the Company shall not be responsible for any loss, damage or liability suffered by the End User arising from such use or reliance.
The Company tries hard to keep our Services a safe place for all users but will not agree this will remain so. By using the Services, you, the End User, agree that:
You will not use the Services for any purpose that is illegal or prohibited in these Terms.
You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information.
You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent.
You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
You will not use or attempt to use another user’s account, username, or password without their permission.
You will not solicit login credentials from another user.
You will not post content that contains or links to graphic violence, threats, hate speech, or incitements to violence.
You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
You will not attempt to circumvent any content-filtering techniques we employ or attempt to access areas or features of the Services that you are not authorized to access.
You will not probe, scan, or test the vulnerability of our Services or any system or network, unless previously authorized by us.
You will not encourage or promote any activity that violates these Terms.
Exclusion of Liabilities
7.1.To the full extent allowed by applicable law, in no event shall the Company, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns, be liable under any circumstances for:
any punitive, incidental, indirect or consequential damages and/or losses related to this agreement including economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings);
any loss of goodwill or reputation;
any special, indirect or consequential damage arising out of or in connection with this Agreement, including but not limited to actions for breach of contract, actions under the tort of negligence, defamation, copyright infringement, trade mark infringement, passing-off, infringement of registered industrial designs, patent infringement, breach of confidence;
any liability at common law; or
in any other way.
7.2.Subject to the limitation stated above, nothing in this Agreement shall be deemed to limit or exclude the Company's liability for fraudulent misrepresentation, or for death or personal injury resulting from the Company's negligence or the negligence of the Company's servants, agents or employees. For avoidance of doubt, the Company is not liable and shall not be liable for the acts or omissions of other providers of telecommunications services or for faults in or failure of their networks and equipment.
In the event that one End User has a dispute, claim and/or action against one or more other End Users, the End User hereby agrees to release the Company, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns to the full extent allowed by the applicable law from all claims, demands, expenses, costs and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including legal fees) arising out of or in any way connected with such disputes.
Any person who is not a party to this Agreement does not have any right to enforce any of the terms and conditions contained herein.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.
The End User agrees that this Agreement and all incorporated agreements may be automatically assigned by the Company, in its sole discretion, to a third party in the event of a merger or acquisition.
The End User and the Company are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
Failure of the Company to act with respect to a breach by the End User or others shall not constitute a waiver of its right to act with respect to subsequent or similar breaches.
Headings and captions of this Agreement are included for ease of reference only and in no way define, limit, construe or describe the scope or extent of any provisions in this Agreement.
Words importing one gender shall include any other gender unless stated otherwise.
Words in the singular number shall include the plural and words in the plural number include the singular unless otherwise stated.
You are responsible for any activity that occurs in your account. It is your responsibility to maintain the security of your account. By using the Services, you agree to this. If at any time you believe that someone else has gained access to your account with or without your permission, please immediately reach out to firstname.lastname@example.org.
You are responsible for any charges that you may incur for using our Services, including data charges for sending and receiving messages. You may block users from sending you messages by deleting friends, denying friend requests, or adding users to a blocked list.
Amendment to Terms
MB Technologies, LLC, maintains the right in its absolute discretion, at any time and without notice, to amend, remove or vary the Services, the App, or these Terms.
You agree to defend, indemnify, and hold MB Technologies, LLC, its officers, directors, employees and agents harmless from and against any third-party claims liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected to your negligence; and breach or violation of this Agreement.
The services are provided “as is” and “as available” and to the extent permitted by law without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, while MB Technologies uses its best efforts to provide a good user experience, we do not represent or warrant that: (a) the services will always be secure, error-free, or timely; (b) the services will always function without delays, disruptions, or imperfections; or (c) that any content, user content, or information you obtain on or through the services will be timely or accurate.
MB Technologies takes no responsibility and assumes no liability for any content that you, another user, or a third party creates, uploads, posts, sends, receives, or stores on or through our services. You understand and agree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate, none of which MB Technologies will be responsible for.
Limitation of Liability
To the maximum extent permitted by law, MB Technologies and our managing members, employees, affiliates, licensors, agents, and suppliers will not be liable for any indirect, incidental, special, consequential, punitive, or multiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (a) your access to or use of or inability to access or use the services; (b) the conduct or content of other users or third parties on or through the services; or (c) unauthorized access, use, or alteration of your content, even if mb technologies has been advised of the possibility of such damages. In no event will mb technologies aggregate liability for any and all claims relating to the services exceeding $100 or the amount you paid MB Technologies, if any, in the last 90 days.
Arbitration, Class-Action Waiver, and Jury Waiver
Please read the following paragraphs carefully because they require you and MB Technologies to agree to resolve all disputes between us through binding individual arbitration.
Applicability of Arbitration Agreement. You and MB Technologies agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court, will be resolved by binding arbitration on an individual basis in the exclusive jurisdiction of North Carolina, except that you and MB Technologies are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
Choice of Law and Venue. By using the Services and agreeing to these Terms, you agree that any dispute of any kind that may arise between you and MB Technologies or its affiliates shall be governed by the laws of New Mexico and the United States and shall be subject to the exclusive jurisdiction of North Carolina courts.
Waiver of Jury Trial. You and MB Technologies waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. You and MB Technologies are instead electing to have claims and disputes resolved by arbitration.
Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth herein.
Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor MB Technologies can force the other to arbitrate. To opt out, you must notify MB Technologies in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your MB Technologies username, and the email address you used to set up your MB Technologies account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. You must either mail your opt-out notice to this address:
ATTN: Arbitration Opt-out
500 Westover Dr Sanford #9994
North Carolina US 27330
Or email the opt-out notice to support@MB Technologies.com.
Small Claims Court. Notwithstanding the foregoing, either you or MB Technologies may bring an individual action in small claims court.
Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with MB Technologies.
19. Entire Agreement