Terms of Service
1. Acceptance of Terms
These Terms of Use govern access to and use of websites, applications, software, content, and services provided by Motosport Software LLC. By accessing or using a service, you agree to these Terms and the Privacy Policy. If you do not agree, do not use the services.
You must be at least 18 years old and legally capable of entering into a binding agreement to use transactional features. If you use the services for a business or other organization, you represent that you have authority to bind that organization.
2. Nature of the Services
Motosport Software provides technology that may help buyers communicate their vehicle needs and may enable sellers, dealers, transporters, and other participants to respond, compare opportunities, coordinate services, and manage workflows. Unless expressly stated otherwise, Motosport Software is not the buyer, seller, dealer, transporter, lender, insurer, warrantor, broker, or owner of any vehicle listed, discussed, or transacted through the services.
We do not guarantee that a vehicle request will receive a response, that any vehicle or participant will meet a user's requirements, or that a transaction will be completed. Users are responsible for evaluating vehicles, pricing, condition, title, history, financing, insurance, transportation, taxes, fees, legal compliance, and the identity and authority of other participants.
3. Accounts and User Responsibilities
You must provide accurate information, keep account credentials confidential, and promptly notify us of suspected unauthorized use. You are responsible for activity performed through your account unless prohibited by law.
You may not impersonate another person, submit false or misleading information, interfere with service operation, scrape or harvest data without authorization, introduce malicious code, circumvent security controls, misuse communications, infringe intellectual property or privacy rights, or use the services for unlawful, fraudulent, deceptive, discriminatory, or abusive conduct.
4. Vehicle and Transaction Information
Vehicle descriptions, prices, availability, histories, valuations, specifications, images, fees, and other information may be supplied by users or third parties. This information may be incomplete, inaccurate, delayed, or changed without notice. Users should independently verify all material information before making a decision or entering a transaction.
Any agreement for the purchase, sale, financing, insurance, warranty, inspection, repair, or transportation of a vehicle is between the applicable participants and service providers. Motosport Software is not responsible for participant performance or for disputes arising from those agreements, except to the extent required by law or expressly stated in a separate written agreement.
5. User Content
You retain ownership of content you submit. You grant Motosport Software a worldwide, nonexclusive, royalty-free license to host, store, reproduce, format, display, transmit, and otherwise use that content as reasonably necessary to operate, improve, secure, and promote the services, subject to the Privacy Policy.
You represent that you have the rights needed to submit the content and that the content is accurate, lawful, and does not violate another person's rights. We may remove or restrict content that violates these Terms or creates legal, security, or operational risk.
6. Intellectual Property
The services, software, designs, trademarks, logos, text, graphics, workflows, and other Motosport Software materials are owned by or licensed to Motosport Software and are protected by intellectual property laws. Except for the limited right to use the services under these Terms, no rights are transferred to you.
7. Third-Party Services
The services may integrate with or link to third-party products and services. Motosport Software does not control and is not responsible for third-party content, terms, availability, security, or performance. Your use of third-party services may be subject to separate terms and fees.
8. Suspension and Termination
We may suspend, restrict, or terminate access when reasonably necessary to protect the services or users, investigate suspected misconduct, comply with law, address nonpayment, or enforce these Terms. You may stop using the services at any time. Provisions that by their nature should survive termination will remain in effect.
9. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." MOTOSPORT SOFTWARE DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. MOTOSPORT SOFTWARE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY INFORMATION OR RESULTS PROVIDED THROUGH THE SERVICES WILL BE ACCURATE, COMPLETE, OR RELIABLE.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOTOSPORT SOFTWARE'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNT PAID BY YOU TO MOTOSPORT SOFTWARE FOR THE APPLICABLE SERVICE DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. Some jurisdictions do not permit certain exclusions or limitations of liability, so portions of this section may not apply to you.
11. Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless Motosport Software and its affiliates, officers, employees, contractors, and licensors from claims, losses, liabilities, damages, judgments, costs, and reasonable attorneys' fees arising from your content, your use or misuse of the services, your transactions or interactions with others, or your violation of these Terms or applicable law.
12. Governing Law and Disputes
These Terms are governed by the laws of the State of North Carolina, without regard to conflict-of-law principles. Unless a separate written agreement provides otherwise, courts located in North Carolina will have exclusive jurisdiction over disputes arising from these Terms or the services, and each party consents to that jurisdiction and venue. This provision does not prevent either party from seeking appropriate injunctive relief.
13. Changes to the Services or Terms
We may modify the services and these Terms from time to time. Updated Terms will be posted with a revised effective date. Continued use after the effective date of updated Terms constitutes acceptance to the extent permitted by law. Material changes may also be communicated through the service or by other appropriate means.
14. General
These Terms, the Privacy Policy, and any applicable written service agreement constitute the entire agreement between you and Motosport Software concerning the services. If a provision is unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will remain effective. Failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a reorganization, merger, acquisition, financing, or sale of assets.
15. Contact
Questions about these Terms may be submitted through the Contact form available on the Motosport Software website.