Terms of Service

MOTCard Terms of Service

Last Updated: November 10, 2017

IMPORTANT – PLEASE READ CAREFULLY.

These MOTCard Terms Of Service (the “Terms”), along with any other terms that may be posted on the website located at www.MOTCard.com (the “Site”), which is owned by and operated on behalf of Bighawk LLC, a New York limited liability company (“MOTCard”, “we,” “us” or “our”) and/or any written agreement providing other terms and conditions that incorporate these Terms by reference, state the terms and conditions under which a user of the site (“User”, “you” and “your”)  may access, visit, browse, purchase, redeem, take advantage of, benefit from, enjoy, participate in, sign up for, interact with and/or use in any other way (each of the foregoing, both individually and collectively, “Use”) any component or portion of our Site and/or any of the Member Benefits (defined below). For the avoidance of doubt, these Terms incorporate by reference the entirety of MOTCard’s Privacy Policy (the “Privacy Policy”) located at https://www.motcard.com/privacy-policy/ or at such other URL as we may indicate.

By (i) checking the “I accept” checkbox when presented to you or (ii) by Using the Site or any of the Member Benefits, you are indicating your agreement to be bound by all the terms and conditions contained in these Terms. If you do not agree with each and every provision of these Terms (including but not limited to the Privacy Policy or any Additional Terms incorporated into these Terms by reference), you do not have our consent to Use the Site or any of the Member Benefits in any way or for any reason whatsoever, and must immediately cease all Use of the Site and Member Benefits immediately.

  1. USERS, MEMBERS, AND MEMBER BENEFITS.
    • MOTCard offers different levels of membership to its MOTCard online platform (each, a “Membership Level”) through which Users that have purchased a MOTCard membership (“Members”) have access to a wide variety of discounts, benefits, special offers, access to exclusive events, opportunities to contribute to or otherwise be involved with non-profit organizations, and other benefits offered by MOTCard as well as by our network of third-party partners (collectively, the “Member Benefits”). Please note that different Membership Levels may have different eligibility requirements or required fees (for instance, one Membership Level could be for only available to individuals under the age of 21). Your Membership Level may affect what Member Benefits and Site features are available to you and may also affect the conditions applicable to your Use of certain Member Benefits and Site features.
    • For the avoidance of doubt, if you are Using the Site but are not a Member (for example, if you are visiting the Site but have not yet created an Account (defined below)), you are still a User for the purposes of these Terms and are still bound by all the terms and conditions herein generally applicable to all Users.
  2. ELEGIBILITY.
    • We may, in our sole discretion, refuse to offer, provide or otherwise permit you to Use the Site, any portion or component thereof or any Member Benefit. We may also, in our sole discretion, change the eligibility criteria at any time.
    • You represent and warrant that you are at least 13 years of age, provided that if you are under 18 years of age, you also represent and warrant that you have parental consent to Use the Site and any Member Benefits that you are permitted to Use. No one under age 13 (and no one else on behalf of someone under 13) may Use the Site or any of the Member Benefits, enter into any transaction of any kind through the site, register for an account on the Site or provide any information to or on the Site. No one under age 18 (and no one else on behalf of someone under 18) may Use the Site or any of the Member Benefits, enter into any transaction of any kind through the site or provide any information to or on the Site unless with parental consent.
    • We do not knowingly collect any information from children under 13. If you are under 13, do not Use the Site or any of the Member Benefits, enter into any transaction of any kind through the site, register for an account on the Site or provide any information to or on the Site, and do not let anyone else do so on your behalf. If you believe we might have any information from or about a child under 13, please contact us at Support@MOTCard.com.
  3. ACCESS AND USE OF SITE AND MEMBER BENEFITS
    • License Grant. Subject to your compliance with these Terms, MOTCard grants you a limited, revocable, non-exclusive, non-transferable right and license to Use the Site, its features, and any Member Benefits solely (unless expressly stated otherwise in these Terms) for your private, personal, non-commercial use. MOTCard, its licensors, its suppliers and partners reserve all rights not expressly granted to you in these Terms.
    • Your right and license to Use the Site and any Member Benefits requires that you shall not (and shall not allow any third party to):
      • Use or attempt to Use the Site or any Member Benefit that you have not been provided access to (for example, attempting to Use any Member Benefits or features of the Site that are only available to Members with a different Membership Level than you);
      • Except as may be expressly permitted elsewhere in these Terms, engage in any commercial use of the Site, any Member Benefit, any User Information (other than User Information that you have provided) or any MOTCard Content;
      • without MOTCard’s prior written permission in each instance, copy, download, transmit, modify, reproduce, sell, resell, sub-license, distribute, publish, publicly display, create derivative works or compilations of, reverse engineer, assign, sub-license, transfer or otherwise exploit any portion of the Site (including but not limited to any HTML code used to generate any page of the Site), any of the Member Benefits, any MOTCard Content (defined below), or any User Information (defined below) except for your own Use as permitted by these Terms;
      • remove or violate any copyright, trademark or other proprietary rights, notices, information or restrictions (whether MOTCard’s or another party’s) on the Site or that may be part of or related to any MOTCard Content or other information or material accessed or obtained through your Use of the Site or any of the Member Benefits;
      • use any robot, spider, site search/retrieval application, or other automated device, process, means or method to access, retrieve or index any portion of the Site, including, but not limited to, for purposes of constructing or populating a searchable database of business or property reviews;
      • except as expressly permitted in these Terms, collect or harvest any information about other Users (including usernames and/or email addresses) for any purpose;
      • reformat or frame any portion of the web pages that are part of the Site;
      • create or transmit unwanted electronic communications such as “spam” to other Users of the Site or otherwise interfere with any other User’s Use of the Site or any Member Benefit;
      • transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature to or through the Site or Use the Site or any Member Benefit to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material, including any material that may be deemed threatening or obscene;
      • use any device, software or procedure, or engage in any behavior, that interferes with the proper working or operation of the Site or any Member Benefit, or otherwise attempt to interfere with the proper working or operation of the Site or any Member Benefit;
      • take any action that imposes, or may impose in MOTCard’s sole discretion, an unreasonable or disproportionately large load on the Site or on MOTCard’s IT infrastructure;
      • to the extent you are conducting any business Using the Site (including but not necessarily limited to posting or uploading anything to the MOTCard Job Board or offering a Member Benefit to other Members), doing so in a way that is unfair, unlawful, or constitutes a deceptive business practice;
      • engage in any fraudulent activity or activity that facilitates fraud on, through, or in connection with the Site or any Member Benefit;
      • impersonate any person or entity, including, but not limited to, other Users, falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that we endorse any statement you make; or
      • Use the Site or any Member Benefit to violate, intentionally or unintentionally, any applicable local, state, national or international law or regulation.
    • You are solely responsible for (i) providing all equipment and software necessary to establish a connection to the Internet, to Use the Site and to Use any of the Member Benefits you may be able to Use online, (ii) your access to the Internet, and (iii) any telephone, wireless or other connection, service or other fees and charges associated with such equipment, software and access. MOTCard shall have no responsibility or liability for the same.
  4. YOUR MEMBER ACCOUNT.
    • In order to become a Member of MOTCard, you need to (i) register and create a password-protected account (an “Account“), (ii) submit such User Information (defined below) as the Site requires for you to establish your Account, and (iii) pay the Membership Fee (defined below) for one (1) year (or any other length of time as may be indicated by MOTCard) for the Membership Level you have selected.
    • You are responsible for maintaining the confidentiality of your password, your email address and your Account and are fully responsible for all activities that occur under your password and your Account. You agree to: (i) immediately notify MOTCard of any unauthorized use of your password or account or any other breach of security, and (ii) immediately change your password if you become aware that your Account has been compromised. You agree and acknowledge that you will not allow others to utilize your Account and that you will not disclose your Site password to anyone. You will be solely responsible for safeguarding your password and also for any actions under your password and Account, whether authorized by you or not. You further agree not to use anyone else’s password on the Site or attempt to gain access to the Account of any other User. MOTCard cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
    • Term and Renewal. In the event you choose to become a Member, the initial term of your MOTCard membership (the “Initial Term”) shall commence on the date your Account is activated by MOTCard and shall continue for one (1) year. Your MOTCard membership shall automatically renew at the same Membership Level for additional one (1) year periods (each such period, a “Renewal Term” and, together with the Initial Term, each, a “Term”) unless you notify MOTCard or MOTCard notifies you in writing not less than thirty (30) days before the expiration of the current Term that your MOTCard membership shall not be renewed. In the event your MOTCard Membership is renewed, you agree you will pay at that time the amount that MOTCard charges for a Term of MOTCard membership at your current Membership Level.
    • Suspension and Termination.
      • MOTCard reserves the right to suspend or terminate your Account or your access to all or any part of the Site or any of the Member Benefits at any time, with or without cause, with or without notice, effective immediately, which may involve deletion of your User Information associated with your Account from our live databases.
      • If you wish to terminate your Account, you may do so by following the instructions on the Site. MOTCard will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Information.
      • In the event that MOTCard suspends or terminates your Account for any reason other than your breach of these Terms, it will refund you a pro-rata portion of the Membership Fee you paid for your current MOTCard membership Term.
      • MOTCard will owe you no refund of any amounts paid by you to MOTCard or any third party for any Term of MOTCard membership or in connection with any Member Benefits in the event that (i) you suspend your Use of or terminate your Account for any or no reason or (ii) MOTCard suspends or terminates your Account following your breach of these Terms.
    • Payments. MOTCard uses a third-party payment processor (the “Payment Processor“) to allow you to pay to establish or renew your Account (such payment, your “Membership Fee”) or, when applicable, in connection with Using a Member Benefit (whether to obtain or otherwise Use a Member Benefit). The processing of payments will be subject to the terms, conditions and privacy policies of MOTCard’s Payment Processor in addition to these Terms. We are not responsible for any errors by the Payment Processor. By choosing to make any purchases or otherwise pay any amounts through the Site, you agree to pay through the Payment Processor for all purchases at the prices then in effect for such purchases, along with all additional fees, expenses and charges that may be applicable to your purchase, in accordance with the applicable payment terms, and you authorize us, via the applicable Payment Processor, to charge your chosen payment provider (“Payment Method“). Additional fees, expenses and charges for your purchase may include, but are not necessarily limited to, any credit card or card payment fees, shipping fees, service charges, federal, state or local sales tax, duties or tariffs. MOTCard reserves the right to correct any errors or mistakes that we make in connection with any amounts charged to or paid by you even if we have already requested or received payment of such amounts. For the avoidance of doubt, you acknowledge and agree that any purchase or expenditure in connection with a Third-Party Member Benefit (defined below), is a transaction between you and the applicable third party, and not with MOTCard or any of its affiliates, and MOTCard and its affiliates are not party to your payment transactions for any such purchase or expenditure.
    • Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card or payment card issuer or other provider of your chosen Payment Method. If MOTCard, via the Payment Processor, does not receive payment from you, you agree to immediately pay all amounts due on your applicable purchase upon demand.
    • Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR PAYMENT METHOD. YOU MUST PROMPTLY UPDATE ALL INFORMATION REQUIRED TO KEEP YOUR PAYMENT METHOD CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD.
  1. REFERRALS.
    • In the event that another individual or entity becomes a member of MOTCard and identifies you as the person who referred them to MOTCard (a “Referral”), you may be eligible to receive a payment from MOTCArd each time one of your Referrals pays a Membership Fee (a “Referral Amount”), including when a Referral activates an Account for the first time.
    • A Referral will be deemed made on the day that MOTCard confirms receipt of the first Membership Fee paid by a Referral (the “Referral Date”).
    • To see the specific Referral Amounts you may receive in connection with a Referral, please visit the “Referrals” page [LINK HERE]. The ‘Referrals’ page will also set out any additional requirements may be need to comply with in order to receive any Referral Amount. For the avoidance of doubt, any additional terms, conditions or requirements set forth on the “Referrals” page will be deemed to be Additional Terms.
    • For the avoidance of doubt, MOTCard has the right, in its sole discretion, to make any changes it sees fit to how it deals with Referrals and Referral Amounts, including increasing or decreasing any Referral Amount a Member may earn, making any other changes to how Referral Amounts are structured, earned or paid to a Member, or adding, amending or removing any additional conditions or requirements it may impose in order for a Member to receive any payment of a Referral Amount; provided, however, that no change that would materially and adversely affect your rights to any Referral Amounts will apply retroactively to a Referral after the applicable Referral Date without your written consent.
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  1. ADDITIONAL TERMS, MEMBER BENEFITS.
    • Additional Terms. It may be the case that a Site feature or a specific Member Benefit may require additional fees or payments from a User or be subject to additional terms and conditions, guidelines, policies, technical and non-technical specifications or other requirements not set forth in these Terms (“Additional Terms“). In the event that MOTCard has any Additional Terms for a Site feature or Member Benefit, such Additional Terms will be posted on the home page of the Site or in a specific section on the Site applicable to such Site feature or Member Benefit. Any and all Additional Terms are hereby incorporated by reference into these Terms. In the event of a conflict between any Additional Terms and these Terms, the Additional Terms shall govern.
    • Features and Descriptions of the Member Benefits. Descriptions, images, references, features, content, specifications, products, prices, and availability of any Member Benefit are subject to change without notice. MOTCard will make reasonable efforts to accurately display the details of any Member Benefit it offers or provides. The inclusion of any Member Benefit on the Site or the fact that a description of a Member Benefit can be found on a Third-Party Resource at a particular time does not imply or warrant that such Member Benefits will be available at any time. MOTCard reserves the right, with or without prior notice, to limit the availability of or discontinue any Member Benefit; to impose conditions or offer any coupon, coupon code, promotional code, or other similar promotions on any Member Benefit; or to bar any Member from Using any Member Benefit.
  2. THIRD-PARTY MEMBER BENEFITS AND THIRD-PARTY RESOURCES.
    • You hereby acknowledge that MOTCard arranges to make available to you certain Member Benefits that are in fact offered or provided by various third parties (“Third-Party Member Benefits”). Further, you may also be permitted, or in some instances required (such as in connection with a Third-Party Member Benefit), to Use websites, mobile applications, services, systems, resources or locations operated by or on behalf of various third-party providers of Member Benefits or other third-party service providers, partners, and vendors of MOTCard (collectively, such websites, applications, services, systems, resources or locations, “Third-Party Resources”).
    • In such event, in addition to being governed by these Terms generally, you acknowledge and agree that you will be governed by any separate terms and conditions that a third party may require in connection with your Use of any Third-Party Member Benefit or Third-Party Resources. In addition, to the extent it may apply, you acknowledge that certain third parties providing Third-Party Member Benefit or Third-Party Resources may require that you have purchased, obtained and/or installed certain additional software, hardware, or computer services as a prerequisite to you Using a Third-Party Member Benefit or certain Third-Party Resources they may provide, and this requirement may also require your agreement to additional or different licenses or other terms prior to your use of or access to such software, hardware or computer services. As a condition of these Terms, you agree you will abide by any terms or conditions imposed in connection with any Third-Party Member Benefit or Third-Party Resources you choose to Use, including, but not limited to, (i) payment of all additional amounts when due that you are required to pay in connection with Using any Third-Party Member Benefit or Third-Party Resources and (ii) full compliance with the applicable Third Party’s rules and restrictions regarding availability and Use of any Third-Party Member Benefit or Third-Party Resources.
    • You understand that any violation of any third party’s terms and conditions for any Third-Party Member Benefit or Third-Party Resources it offers may result in cancellation of any arrangements you have made with such third party to Use such Third-Party Member Benefit or Third-Party Resources, in your forfeiting any amounts paid directly or indirectly to such third-party in connection with Using such Third-Party Member Benefit or Third-Party Resources, and in MOTCard debiting your Account and invoicing you for any costs we may incur as a result of such violation by you. YOU WILL BE COMPLETELY RESPONSIBLE FOR ALL FEES, EXPENSES, DUTIES, TAXES, AND OTHER CHARGES ARISING OUT OF YOUR USE OF ANY THIRD-PARTY MEMBER BENEFIT OR THIRD-PARTY RESOURCES. YOU FURTHER AGREE THAT MOTCARD SHALL NOT BE IN ANY WAY RESPONSIBLE OR LIABLE FOR YOUR USE OF THIRD-PARTY MEMBER BENEFITS OR THIRD-PARTY RESOURCES, ANY TRANSACTIONS YOU ENTERED INTO RELATED THERETO, OR ANY OTHER DEALINGS YOU MAY HAVE WITH ANY THIRD PARTY.
  3. USER INFORMATION. 
    • Definition of User Information. For the purposes of these Terms, “User Information” shall mean any and all data, information, and other materials that a User (whether you or another User) submits, uploads, posts, e-mails or otherwise sends or transmits (“Transmit”) to or in connection with the Site or any Member Benefit (including but not limited to in connection with creating an Account,) or as may later be required or requested in connection with any Member Benefit and/or any transaction related to, entered into through, or arising in connection with, the Site or any Member Benefit. For the avoidance of doubt, “User Information” also includes any and all data, information, and other materials that a User Transmits in connection with a public area or feature of the Site, such as any comments you may add to a Member Comments Board on the Site. For the avoidance of doubt, “User Information” shall not include any information that MOTCard may otherwise obtain or develop about a User (for instance, any notes or records that MOTCard may keep about how you Used the Site or any Member Benefit).
    • User Information Representations and Warranties. You hereby represent and warrant that any User Information you Transmit to the Site or otherwise communicate, share, or make available (whether through the Site or not through the Site) in connection with the Site, any Member Benefit or any potential or executed agreement or transaction related thereto (i) shall be true, accurate, complete, up-to-date, and with no material omissions; (ii) does not and will not, directly or indirectly, violate, infringe or breach any duty toward or rights of any person or entity, including without limitation any copyright, trademark, service mark, trade secret, other intellectual property, publicity or privacy right; (iii) is not fraudulent, misleading, hateful, tortious, defamatory, slanderous, libelous, abusive, violent, threatening, profane, vulgar or obscene; (iv) does not harass others, promote bigotry, racism, hatred or harm against any individual or group, promote discrimination based on race, sex, religion, nationality, sexual orientation or age, or otherwise interfere with another User’s Use of the Site or any Member Benefits; (iv) does not promote illegal or harmful activities; and (v) is not illegal, unlawful or contrary to the laws or regulations in any location where, as applicable, your User Information has been or is created. For the avoidance of doubt, this Section applies to, among other things, any User Information you provide in connection with creating your Account or making any updates or changes to your Account.
    • You are solely responsible and liable for any and all User Information that you Transmit to, or in connection with, the Site or any Member Benefit. Furthermore, you acknowledge and agree that MOTCard shall have (i) no liability for any User Information provided by another User which is made available to you on or through the Site or any Member Benefit, (ii) no responsibility or duty to review, approve, or pre-screen any User Information provided by, on behalf of, or to a User (including you), whether such User Information is made available only to certain other parties or is generally available on the Site, and (iii) no responsibility for the accuracy, quality, relevance, or completeness of such User Information.
    • MOTCard reserves the right (but does not have the obligation) in its sole discretion to delete or refuse to post, provide, or facilitate the provision of any User Information (whether provided by you or on your behalf or otherwise) that violates the letter or spirit of these Terms or any other agreement or understanding between MOTCard and the entity or individual posting or seeking to post the such User Information, or for any other reason.
    • MOTCard’s Use of Your User Information.  Except as otherwise expressly limited by these Terms (including the Privacy Policy), you grant MOTCard a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, copy, excerpt, reproduce, display, publish, modify, distribute and create derivative works and compilations of your User Information in any form or media, for any purpose, and to allow others to do so. In addition to using your User Information for the purpose of providing any Member Benefit, you expressly agree that MOTCard may disclose or use any of your User Information for purposes that include, but are not limited to (i) providing any third party that is providing you a Member Benefit with any User Information required for that purpose; (ii) enforcing these Terms; (ii) complying with any laws, regulations or rules of any federal, state or local government or agency; (iii) responding to a claim that comes to our attention that any of your User Information violates the rights of third parties; or (iv) protecting the rights or property of MOTCard, its partners, vendors, and contractors, its Users or the public.
  4. INTELLECTUAL PROPERTY
    • MOTCard Content. As between you and MOTCard, all right, title, and interest, including without limitation all patent, trademark, copyright, trade secret, and other intellectual property rights, in and to the Site, any Member Benefit, all User Information not provided directly by you, all material on the Site or contained therein, all text, graphics, videos, audio clips, written posts and comments, software, scripts, graphics, interactive features and other works generated, provided, or otherwise made accessible on or through on the Site, the Site’s design and coding, all computer programs used and licensed in connection with the Site, the look and feel of the Site, and all data and reports generated by the Site (collectively, “MOTCard Content”) are owned by MOTCard or its licensors.  These materials are protected under copyright, trademark and other intellectual property and other laws.
    • Marks. All product and service names and other terms, logos, or symbols used as source indicators for goods and/or services of MOTCard or its affiliates, including without limitation the term “MOTCard”, or any third party, as the case may be, are registered or unregistered trademarks or service marks owned by the applicable entity (collectively, “Marks”). The absence of a name, trademark or logo in this list does not constitute a waiver of any and all intellectual property rights that MOTCard, one of its affiliates or a third party has established in any of its goods, services, or Marks. All Marks used in connection with the Site and Member Benefits are the property of MOTCard, its affiliates or the applicable third parties, as the case may be, and shall remain the property of MOTCard, its affiliates and such third parties. Nothing contained in the Site shall be construed as granting, by implication or otherwise, any license or right to use any such Mark without the prior written permission of MOTCard or such third party that may own such Mark. Your misuse of any such Mark, or any other MOTCard Content, is strictly prohibited.
    • Feedback and Developments. You may make suggestions for changes, modifications or improvements (“Feedback”) to the Site, the Member Benefits, any MOTCard Content or to any other products, services, technologies, platforms, and documentation that MOTCard may provide. All Feedback shall be solely owned by MOTCard (including all intellectual property rights therein and thereto). You shall and hereby do make all assignments necessary to achieve such ownership. Also, MOTCard shall own any developments and/or enhancements to the Site and Member Benefits or to any other MOTCard products, services, technologies, platforms, documentation, et al resulting from access to and use of your User Information.
  5. INDEMNITY.
    • You agree to indemnify, defend and hold MOTCard, its affiliates, and its and their members, managers, officers, directors, employees, shareholders, assigns and successors, agents, representatives, and relevant third parties including its and their service providers, distribution partners, referral partners, advertisers, licensors, licensees, consultants and contractors (collectively the “MOTCard Indemnified Parties“) harmless from and against any claims, liabilities, losses, costs, damages or expenses including reasonable attorneys’ fees and costs, directly or indirectly, arising out of or in any way relating to (i) your Use of the Site and Member Benefits; (ii) any User Information you Transmitted to the Site or in connection with any of the Member Benefits; (iii) your violation (alleged or actual) of any laws or regulations of any state or country; (iv) any violation or breach (alleged or actual) of these Terms or the terms of any other agreement or understanding between you and MOTCard; or (v) any violation or infringement (alleged or actual) of any intellectual property, privacy, publicity, confidentiality or proprietary rights of any third-party as a result of your Use of the Site or Member Benefits or any matter arising or relating thereto (collectively, “Claims“).
    • You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both any third party and to any MOTCard Indemnified Party. MOTCard shall have the right, in its sole discretion, to select its own legal counsel to defend MOTCard from any Claims (but by doing so shall not excuse your indemnity obligations) and you shall be solely responsible for the payment of all of MOTCard’s reasonable attorneys’ fees incurred through appeal in connection therewith. You shall notify MOTCard immediately if you become aware of any actual or potential claims, suits, actions, allegations or charges that could affect your or MOTCard’s ability to fully perform their respective duties or to exercise its rights under these Terms. You shall not, without the prior written approval of MOTCard, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligation or liability for MOTCard.
  6. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
    • EXCEPT AS MAY BE EXPRESSLY STATED ELSEWHERE IN THESE TERMS, THE SITE, ITS FEATURES, THE MEMBER BENEFITS (EITHER THOSE OFFERED OR PROVIDED DIRECTLY BY MOTCARD OR THOSE THAT ARE THIRD-PARTY MEMBER BENEFITS), AND ALL RELATED INFORMATION AND MATERIALS (INCLUDING ALL USER INFORMATION AND MOTCARD CONTENT) ARE OFFERED, PROVIDED, OR MADE AVAILABLE TO YOU ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. MOTCARD DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, TO THE EXTENT THAT THEY MAY BE EXCLUDED BY LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING, COURSE OF PERFORMANCE, AND NON-INFRINGEMENT.
    • FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT MOTCARD MAKES NO REPRESENTATIONS AND WARRANTIES (I) CONCERNING THE SECURITY, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, USEFULNESS, PERFORMANCE OR VALUE OF THE SITE, ANY OF ITS FEATURES, ANY MEMBER BENEFIT, ANY USER INFORMATION, ANY MOTCARD CONTENT OR ANY OTHER RELATED INFORMATION OR MATERIALS; (II) THAT THE SITE, ITS FEATURES AND ANY MEMBER BENEFITS THAT ARE USED ON OR THROUGH THE SITE WILL OPERATE IN AN ERROR-FREE, SECURE, TIMELY OR UNINTERRUPTED MANNER OR WILL OPERATE WITHOUT ISSUES OR DIFFICULTIES WHEN USED IN COMBINATION WITH ANY OF YOUR COMPUTER EQUIPMENT, SOFTWARE, SYSTEMS, NETWORKS OR DATA; (III) THAT ANY INCOMPLETENESS, INACCURACIES OR ERRORS IN THE SITE, ITS FEATURES, ANY MEMBER BENEFITS, ANY TRANSACTIONS RELATED THERETO, ANY USER INFORMATION, ANY MOTCARD CONTENT OR ANY OTHER RELATED INFORMATION OR MATERIALS WILL BE IDENTIFIED AND/OR CORRECTED, (V) CONCERNING THE SAFETY OR LEGALTY OF THE SITE, ANY OF ITS FEATURES, ANY MEMBER BENEFIT, ANY TRANSACTIONS RELATED THERETO, ANY USER INFORMATION, MOTCARD CONTENT, OR ANY OTHER RELATED INFORMATION OR MATERIALS; OR (VI) THAT THE SITE, ITS FEATURES, ANY CONTENT (INCLUDING ANY USER INFORMATION OR MOTCARD CONTENT), OR THE SERVERS AND SYSTEMS THAT MAKES THE SITE AVAILABLE TO YOU ARE FREE OF ANY VIRUSES OR OTHER COMPONENTS OR CODE THAT MAY BE HARMFUL TO YOU, YOUR COMPUTER EQUIPMENT, SOFTWARE, SYSTEMS, NETWORKS OR DATA.
    • NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOTCARD OR IN CONNECTION WITH YOUR USE OF THE SITE OR WITH ANY MEMBER BENEFIT (INCLUDING BUT NOT LIMITED TO ANY USER INFORMATION OR MOTCARD CONTENT), SHALL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
    • SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
  7. LIMITATION OF LIABILITY
    • YOU EXPRESSLY AGREE THAT YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, ITS FEATURES, ANY MEMBER BENEFITS, ANY USER INFORMATION, ANY MOTCARD CONTENT AND ANY AND ALL RELATED INFORMATION AND MATERIALS YOU OBTAIN THROUGH THE USE OF THE SITE OR ANY MEMBER BENEFIT OR OTHERWISE, AND ANY TRANSACTIONS YOU ENTER INTO IN CONNECTION WITH ANY OF THE ABOVE, WHETHER SUCH TRANSACTIONS ARE DONE THROUGH THE SITE OR OTHERWISE, AND THAT YOU, AND NOT MOTCARD OR ANY OF ITS AFFILIATES, WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR HARM TO YOU, ANY OF YOUR PROPERTY, OR ANY OTHER PERSON AS A RESULT.
    • IN NO EVENT SHALL MOTCARD, ITS AFFILIATES, AND ITS AND THEIR MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, EQUITYHOLDERS, ASSIGNS AND SUCCESSORS, AGENTS, REPRESENTATIVES, AND RELEVANT THIRD PARTIES (WHICH SHALL INCLUDE MOTCARD’S AND ITS AFFILIATES’ SERVICE PROVIDERS, BUSINESS PARTNERS, ADVERTISERS, LICENSORS, LICENSEES, CONSULTANTS AND CONTRACTORS) BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR OTHER INTANGIBLES, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY OR CLAIMS OF THIRD PARTIES, EVEN IF MOTCARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN CONNECTION WITH ANY CLAIM, SUIT, OR OTHER MATTER, INCLUDING BUT NOT LIMITED TO ANY CLAIM, SUIT, OR OTHER MATTER, RELATING TO, ARISING FROM OR IN CONNECTION WITH THESE TERMS, THE SITE, ANY MEMBER BENEFIT, ANY TRANSACTION RELATED THERETO, ANY USER INFORMATION, ANY MOTCARD CONENT, OR OTHER RELATED INFORMATION OR MATERIALS.
    • FULL REFUND DURING FIRST 30 DAYS. IF AT ANY TIME DURING THE FIRST THIRTY (30) DAYS FOLLOWING THE ACTIVATION OF YOUR ACCOUNT YOU ARE DISSATISFIED WITH THE SITE AND/OR ANY MEMBER BENEFIT FOR ANY REASON THEN, PROVIDED YOU PAID THE FULL MEMBERSHIP FEE FOR THE MEMBERSHIP LEVEL YOU HAVE, YOU MAY REQUEST A COMPLETE REFUND OF YOUR MEMBERSHIP FEE BY SENDING AN EMAIL INCLUDING THAT REQUEST TO SUPPORT@MOTCARD.COM. IN CONNECTION WITH PROVIDING YOU WITH SUCH A REFUND, YOUR ACCOUNT WILL AUTOMATICALLY BE TERMINATED UNLESS MOTCARD DECIDES OTHERWISE IN ITS SOLE DISCRETION.
    • AT ANY TIME AFTER THE FIRST THIRTY (30) DAYS FOLLOWING THE ACTIVATION OF YOUR ACCOUNT, YOUR SOLE AND EXCLUSIVE REMEDY IF YOU ARE DISSATISFIED WITH THE SITE AND/OR ANY MEMBER BENEFIT FOR ANY REASON IS TO STOP USING THE SITE AND THE MEMBER BENEFITS AND TO TERMINATE YOUR ACCOUNT.
    • THE MAXIMUM LIABILITY OF MOTCARD AND ANY OF ITS AFFILIATED INDIVIDUALS AND ENTITIES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE WILL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO MOTCARD IN THE PRECEDING TWELVE (12) MONTHS IN CONNECTION WITH THE SITE AND ANY MEMBER BENEFITS.
    • You acknowledge that the limitations set forth above are an essential basis of the bargain and of the allocation of risks between the parties. Some states or jurisdictions do not allow the limitation or exclusion of liability in the manner described above. Accordingly, some of the above limitations may not apply to you. If you live in a jurisdiction whose laws prevent you from taking full responsibility and risk for your Use of the Site and the Member Benefits in accordance with these Terms, the liability of MOTCard and the Affiliated parties is limited to the greatest extent allowed by the laws of that jurisdiction.
  8. MODIFICATION AND TERMINATION.
    • You acknowledge and agree that MOTCard, in our sole discretion, with or without notice, and for any or no reason, may refuse to accept or include, move or remove any or all User Information you Transmit to the Site, suspend your account for any length of time, delete or alter your Account, refuse you any and all current or future Use of the Site and Member Benefits (or any portion thereof). MOTCard may also in its sole discretion and at any time and with or without notice modify in any way it sees fit or discontinue the Site, any Site feature or any part or component of the Site or any or all of the Member Benefits. You agree that any modification or termination of your access to the Site and Member Benefits under any provision of these Terms may be effected without prior notice. Further, you agree that MOTCard shall have no responsibility or liability to you or any third party for any modification or termination of any portion of the Site or any Member Benefit (including but not limited to the fact that any portion of the Site or Member Benefits is available for Use), your Account or your access to the Site or the Member Benefits, or for the failure of the Site and the deletion of any User Information, MOTCard Content or other content maintained or transmitted by MOTCard.
    • In the event these Terms are revised at any time for any reason, MOTCard may provide you notice of these changes by any reasonable means, including by posting the revised version of the Terms on the Site. By Using the Site following the posting of changes to these Terms, you accept such changes.
    • Governing Law and Venue. These Terms and the relationship between you and MOTCard shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflicts of laws provisions. For all legal proceedings arising out of any Use of the Site or any Member Benefit or otherwise relating to these Terms, you and MOTCard hereby irrevocably and unconditionally submit to the exclusive jurisdiction of courts located in the City of New York, NY, and you and MOTCard each consent to the personal jurisdiction of such courts and expressly waive any right they may otherwise have to cause any such action or proceeding to be brought or tried elsewhere. You and MOTCard irrevocably waive, to the fullest extent permitted by law, any objection that you/it may now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum. In addition, you hereby agree to service of process on you by e-mail to the address you have provided to MOTCard for your Account, if any, and by any other means permitted by law.
    • International Use. Although the Site and certain of the Member Benefits may be Used by persons located outside the United States at the time, we make no representation or warranties that the Site, any of the Member Benefits or any related information and materials are appropriate or available for use outside the United States, and any type of Use of the Site or any Member Benefit in territories where such type of Use is illegal is hereby prohibited.
    • Notices. All notices, demands, or consents given by you under these Terms will be in writing and will be deemed given when delivered to MOTCard at the following email address: Support@MOTCard.com. Any notices to you may be made by either (i) email, registered mail, courier, or by postal mail to the email or postal address in your Account or otherwise in MOTCard’s records or (ii) if a general notice to all or a large group of Users, by posting such notification on the Site. It is solely your responsibility to keep your email and postal address information accurate, complete, and current, and MOTCard shall have no responsibility for or liability for anything resulting from such information being inaccurate, incomplete, or out of date.
    • Relationship of the Parties. The relationship between you and MOTCard is that of independent contractors. Nothing contained in these Terms shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between you and MOTCard. Unless MOTCard expressly agrees otherwise in a separate written agreement or communication with or to you, neither you nor MOTCard shall have any authority to contract for or bind the other party in any manner whatsoever.
    • Authority. You hereby represent and warrant to MOTCard that: (i) you have all the requisite power and authority, corporate or otherwise, to enter into the binding contract created by these Terms, conduct yourself and your business and to execute, deliver, and perform all of your obligations under these Terms; (ii) you have the right to submit and use your User Information in the manner you have done so to or through your Account and/or otherwise to, through, or in connection with the Site and the Member Benefits; (iii) you have the right to grant the permissions you agree to grant under these Terms; (iv) your performance under these Terms and/or the rights granted herein do not and will not conflict with or result in a breach or violation of any of the terms or provisions, or constitute a default under any contract or agreement, to which you are currently bound or will become bound in the future; and (v) your performance under these Terms will comply with all applicable laws, rules and regulations, domestic or foreign.
    • Assignment. You may not assign or transfer these Terms, your Account or any Member Benefit, or any rights or licenses you may have related thereto, in whole or in part, without the prior written consent of MOTCard, which may be granted or withheld by MOTCard in its sole discretion. Any attempted assignment in violation of this Section will be null and void and of no force or effect. MOTCard may assign these Terms freely at any time without notice. Subject to the foregoing, these Terms will bind and inure to the benefit of each party’s permitted successors and assigns.
    • Waiver. The failure to exercise or enforce any right or provision shall not affect MOTCard’s right to exercise or enforce such right or provision at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. MOTCard shall have no responsibility or liability to you for its failure to, or decision not to, enforce any right or provision in these Terms or in any other agreement between itself and any third party or its decision to grant a waiver of any provision of these Terms or any other agreement it is party to.
    • Severability. If any provision of these Terms is held by a court or arbitrator of competent jurisdiction not enforceable to its full extent, then such provision shall be enforced to the maximum extent permitted by law. If any provision of these Terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
    • Entire Agreement.  These Terms, including the Privacy Policy, and any Additional Terms incorporated herein, constitute the entire and exclusive understanding and agreement between you and MOTCard regarding this subject matter, and supersede any and all prior or contemporaneous agreements or understandings, written and oral, between you and MOTCard relating to this subject matter.
    • Headings. The section headings and sub-headings contained in these Terms are for convenience only and have no legal or contractual effect.
  9. LEGAL NOTICE FOR NEW JERSEY RESIDENTS.
    • Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”), N.J.S.A. 56:12-14 et seq., consumers may not be offered any written contract which includes any provision that violates any clearly established legal right of a consumer, or responsibility of a seller, as established by state or federal law. Consequently, and for the avoidance of doubt, no provision in these Terms shall apply to any consumer in New Jersey if the provision violates any such clearly established legal right or responsibility, including, but not limited to, grounds for redress under or in the event of: (i) our tortious actions (e.g., negligence, failure to exercise a basic standard of care, failure to avoid creating an unreasonable risk of harm); (ii) the New Jersey Products Liability Act, N.J.S.A. 2A:58C-1, et seq. (i.e., the statutorily imposed duty to refrain from manufacturing and selling dangerous products, with the possibility of punitive damages for violations thereof); (iii) the New Jersey Punitive Damages Act, N.J.S.A. 2A:15-5.9, et seq. (i.e., the statutory right to pursue punitive damages in the event of harm caused by actual malice, wanton and willful disregard, reckless indifference); (iv) the New Jersey Uniform Commercial Code (i.e., a comprehensive statutory regime governing the rights and duties of buyers and sellers with respect to contracts for the sale of goods, with the possibility of damages for economic and property harm); and (v) our failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft, as regulated by the Federal Trade Commission and the Federal Communications Commission, and as governed by the New Jersey Identity Theft Protection Act, N.J.S.A.56:8-161, et seq., and the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-3, et seq.).
    • In addition, under the TCCWNA, no consumer contract may state that any of its provisions is or may be void, unenforceable or inapplicable in some jurisdictions without specifying which provisions are or are not void, unenforceable or inapplicable in New Jersey. With respect to these Terms, (i) the provision concerning the exclusion or limitation of certain damages is not applicable to New Jersey residents with respect to punitive damages, loss of data, and loss of or damage to property; (iii) the provision concerning the indemnification by you is not applicable to New Jersey residents unless you were negligent or have breached these Terms and Conditions; and (iii) the provision concerning limiting our liability for any loss or damage is not applicable to New Jersey residents to the extent we were negligent or have breached our obligation to you.
  10. SUPPORT. If you have any questions or concerns about the Site, any Member Benefit or any part of these Terms, including the Privacy Policy, please contact MOTCard at Support@MOTCard.com or at 265 E 66 St., Suite 9C, New York, NY 10065, Attn: User Support.

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