Terms of service
OVERVIEW
Welcome to Motorinnovate! The terms "we," "us," and "our" refer to Motorinnovate. Motorinnovate operates this store and website, including all information, content, features, tools, products, and related services, with the aim of providing you, the customer, with a personalized shopping experience (the "Services"). Motorinnovate is built using Shopify technology, which enables us to provide you with the Services.
The terms and conditions below, along with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as disclaimers of warranties and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree with these Terms of Service or the Privacy Policy, you should not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least of the age of majority in your state or province of residence and that you have provided consent for any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online stores or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information provided in our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, the colors or appearance of products may differ from those displayed on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or be identical to those presented or displayed in our online store.
All product descriptions are subject to change at any time, without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities of any products we offer to any person, geographic region, or jurisdiction, on a case-by-case basis.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. Motorinnovate reserves the right to accept or reject your orders for any reason, at our sole discretion. Your orders will not be accepted until Motorinnovate confirms acceptance. We must receive and process your payment before accepting your order. Carefully review your order before submitting it, as Motorinnovate may be unable to fulfill cancellation requests after an order is accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you via the email, billing address, and/or phone number provided when the order was placed.
Your purchases are subject to return or exchange exclusively in accordance with our Refund Policy.
You represent and warrant that your purchases are for personal or household use and not for commercial resale or export.
SECTION 4 – PRICING AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be specified in your order confirmation sent by email. Unless explicitly stated otherwise, displayed prices do not include taxes, shipping fees, handling, customs duties, or import taxes.
Prices displayed in our online stores may differ from prices offered in physical stores or other online stores operated by third parties. Occasionally, we may offer promotions in the Services that may affect pricing and are governed by separate terms and conditions from these Terms. In case of conflict between the terms of a promotion and these Terms, the promotion terms will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our store. You agree to promptly update your account and other information, including your billing email address, credit card numbers, and expiration dates, so that we can complete your transaction and contact you, if necessary.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay all charges incurred by you at the posted prices, including shipping and handling and all applicable taxes, if any.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs processing, or events beyond our control. Once we transfer the products to the carrier, ownership and risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including, but not limited to, all trademarks, logos, text, displays, images, graphics, product reviews, videos, and audio, as well as the design, selection, and arrangement thereof, are the property of Motorinnovate, its affiliates, or licensors and are protected by U.S. and foreign patents, copyright, and other intellectual property laws.
These Terms grant you the right to use the Services only for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, transmit, store, or otherwise exploit any material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or should be construed as granting you any license or other rights under any patent, trademark, copyright, or other intellectual property of Motorinnovate, Shopify, or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Motorinnovate.
The names, logos, product and service names, designs, and slogans of Motorinnovate are trademarks of Motorinnovate or its affiliates or licensors. You may not use such trademarks without prior written permission from Motorinnovate. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing in the Services are trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may have access to customer tools offered by third parties as part of the Services, over which we have no monitoring, oversight, or control.
You acknowledge and agree that we provide access to these tools "as is" and "as available," without any warranties, representations, or conditions of any kind, and without any endorsement. We shall have no liability arising from or related to your use of optional third-party tools.
Any use you make of the optional tools provided by the website is entirely at your own risk and you must ensure that you understand and agree to the terms under which the tools are provided by the respective third-party provider(s).
In the future, we may also offer new features through the Services (including the release of new tools and features). These new features will also be considered an integral part of the Services and part of these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any third-party embedded functionality). We are not responsible for reviewing or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access such materials or websites, you do so at your own risk.
We are not responsible for any damages or losses related to your access to any third-party website, or your purchase or use of any products, services, features, or content on any third-party website. Carefully review the third party’s policies and practices and ensure you understand them before engaging in any transaction. Any claims, complaints, concerns, or questions regarding third-party products and services should be directed to the third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately describes Shopify’s relationship with your store and should not be removed or modified.]
Motorinnovate is built using Shopify technology, which enables us to provide you with the Services. However, any sale and purchase you make on our Store is conducted directly with Motorinnovate. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Motorinnovate, including any injury, damage, or loss resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or relating to your purchase and transaction with Motorinnovate.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is part of our Privacy Policy, which can be found here [LINK], and certain personal information may be part of Shopify’s Privacy Policy, which can be found here. By using the Services, you acknowledge that you have read this Privacy Policy.
Since the Services are hosted by Shopify, Shopify collects and processes personal information about your access and use of the Services to provide and improve the Services. The information you provide to the Services will be transmitted and shared with Shopify as well as third parties who may be located in a different country from where you reside, so that we can provide you with services. See our Privacy Policy [LINK] for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 – FEEDBACK
By submitting, uploading, posting, emailing, or otherwise sharing ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such feedback in any media and for any purpose, including commercial use. For example, we may use our rights under this license to operate, provide, evaluate, improve, enhance, and promote the Services, as well as to fulfill our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all rights necessary in the feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission; and (iii) your feedback will comply with these Terms. We have no obligation (1) to keep your feedback confidential; (2) to pay compensation for your feedback; or (3) to respond to your feedback.
We may, but are not obligated to, monitor, edit, or remove feedback that, in our sole discretion, we consider illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates third-party intellectual property or these Terms of Service.
You agree that your feedback will not violate any third-party rights, including copyrights, trademarks, privacy, publicity, or other personal or proprietary rights. You further agree that your feedback will not contain defamatory, illegal, abusive, or obscene content, nor computer viruses or other malware that could affect the operation of the Services or any related website. You may not use a false email address to submit feedback, impersonate another person, or mislead us or third parties regarding the origin of any feedback. You are solely responsible for any feedback you provide and its accuracy. We are not responsible for any feedback posted by you or by third parties.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on the Services may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, delivery 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 is incorrect, at any time, without prior notice (including after you have submitted your order).
SECTION 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any illegal or malicious purpose; (b) to violate any local, state, provincial, federal, or international regulations, rules, laws, or ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of third parties; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or threaten any of our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, transfer, use, or reuse any material that does not comply with these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or that, as determined by us, may harm Motorinnovate, Shopify, or the users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that may be used in any way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any part of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext in the Services; (e) use any robot, spider, scraper, data mining and extraction tool, device or automated process, AI tool, or manual or automated means to access the Services; or (f) interfere with, bypass, or evade security or authentication measures, robot exclusion, or other measures we employ to restrict access to the Services. We reserve the right to suspend, deactivate, or terminate your account at any time without notice if we determine that you have violated any part of these Terms.
SECTION 14 – AGENTS
14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the implementation of an Agent to access, use, or interact with any Services. "Agent" means any software or service that performs autonomous or semi-autonomous actions on behalf of, or under the instructions of, any person or entity and that can be executed on behalf of, or using a person’s device, without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict compliance with the requirements of section 14.4 below. Additionally, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
14.3 We may limit, including through technical measures, if and how any Agent accesses, uses, and interacts with the Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the Agent’s name, including the following in the request user-agent string: "Agent/[agent name]"; (ii) not conceal or disguise that any access, use, or interaction is from an Agent, such as (a) imitating human behavior and interaction patterns or (b) filling out or bypassing CAPTCHA or measures intended to distinguish computer use from human use; (iii) respond truthfully to any question or prompt seeking to determine whether interactions are from a human or computer; (iv) not circumvent or evade any measure intended to block, limit, modify, or control if and how Agents access, use, or interact with the Services.
SECTION 15 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion, at any time, without notice, and you will remain responsible for all amounts due through the date of termination.
The following sections will continue to apply after any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions which by their nature should survive termination.
SECTION 16 – DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general informational purposes. We do not guarantee the accuracy, completeness, or usefulness of this information. Any decisions made based on this information are your sole responsibility. We disclaim all liability arising from reliance on such materials by you or any other visitor to the Services, or any person who may be informed of any part of its content.
EXCEPT AS EXPRESSLY STATED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR OTHERS, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 17 – LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [MERCHANT], OUR PARTNERS, DIRECTORS, OFFICERS, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PURCHASED USING THE SERVICES, OR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Motorinnovate, Shopify, and our affiliates, partners, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to third parties arising out of or resulting from (1) your violation of these Terms of Service or the documents incorporated by reference, (2) your violation of any law or the rights of third parties, or (3) your access to and use of the Services.
We will notify you of any claim subject to indemnification, provided that failure to provide immediate notice does not relieve you of your obligations, unless materially prejudiced. We may control the defense and resolution of such claim at your expense, including the choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (which will not be unreasonably withheld). You must cooperate in the defense of indemnifiable claims, including providing relevant documents.
SECTION 19 – SEVERABILITY
If any provision of these Terms of Service is found to be illegal, void, or unenforceable, such provision will nevertheless be enforceable to the maximum extent permitted by applicable law, and the unenforceable portion will be considered separate from these Terms of Service, not affecting the validity and enforceability of the remaining provisions.
SECTION 20 – WAIVER; ENTIRE AGREEMENT
The fact that we do not exercise or enforce any right or provision under these Terms of Service will not constitute a waiver of such right or provision.
These Terms of Service, along with any policies or operational rules published by us on this website or relating to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the party that drafted them.
SECTION 21 – ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any attempt to do so shall be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or prior notice.
SECTION 22 – GOVERNING LAW
These Terms of Service and any separate agreement by which we provide Services to you shall be governed by and interpreted in accordance with the federal and state or territorial courts in the jurisdiction where Motorinnovate is headquartered. You and Motorinnovate agree to the venue and personal jurisdiction of these courts.
SECTION 23 – HEADINGS
The headings used in this agreement are included for convenience only and will not limit or affect these Terms in any way.
SECTION 24 – CHANGES TO THE TERMS OF SERVICE
You may review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify any material changes to these Terms as required by applicable law, and such changes will take effect on the date specified in the notice. Continued use of or access to the Services after any changes to these Terms of Service have been posted constitutes acceptance of those changes.
SECTION 25 – CONTACT INFORMATION
Questions regarding the Terms of Service should be sent to us at motorinnovatestore@gmail.com.
Our contact information is listed below:
motorinnovatestore@gmail.com