MotoGo App - Terms of Service / Terms of Use

Modified on Tue, 28 Jan at 12:47 PM

REGISTRATION:

You agree to provide true, accurate, current, and complete information about yourself as prompted by any registration, application, or enrollment form utilized by the MotoGo app on either our website or phone app. You must maintain and promptly update the information you provide to keep it true, accurate, current, and complete. You represent and warrant that you are at least 18 years old or that if you are under 18 years old, your use of the MotoGo app is with the consent of your parent or legal guardian. You agree that you may use the MotoGo app for personal purposes only and not for any business, commercial, or other use whatsoever.

You are responsible for keeping your login credentials confidential. We are entitled to act on all instructions received by anyone using your account and are not responsible for any transaction made without your authorization or by someone who has signed into the system of the MotoGo app. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the MotoGo app. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

YOUR SUBMISSIONS:

For purposes of these terms of use, the term “Content” includes, without limitation, any location information, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by or through the MotoGo app. Content added, created, uploaded, submitted, distributed, or posted to the MotoGo app by you is collectively referred to as your “submissions.” We may use your submissions in a number of different ways in connection with the MotoGo app, including, but not limited to, publicly displaying them, reformatting them, incorporating them into marketing materials, advertisements, and other works, creating derivative works from them, promoting them, distributing them, and allowing other users to do the same in connection with their own websites, media platforms, and applications. By making submissions through the MotoGo app, you hereby grant and agree to grant us a worldwide, non-exclusive, royalty-free, fully paid, and transferable license to use, copy, edit, modify, reproduce, distribute, sublicense, prepare derivative works of, display, perform, and otherwise fully exploit your submissions in connection with the MotoGo app and our business, including without limitation for promoting and redistributing part or all of the content in any media formats and through any media channels (including, without limitation, third-party websites and feeds). You also hereby grant and agree to grant to each user of the MotoGo app a non-exclusive license to access your submissions and to use, edit, modify, reproduce, distribute, prepare derivative works of, display, and perform such submissions in connection with their use of the MotoGo app and Third-Party Media. You represent and warrant that you have all rights to grant such a license to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights. You understand that all information publicly posted or privately transmitted through the MotoGo app is the sole responsibility of the person from which such content originated; that we will not be liable for any errors or omissions in any content; and that we cannot guarantee the identity of any other users with whom you may interact in the course of using the MotoGo app.

PROHIBITED CONDUCT:

You shall not upload, download, post, submit, or otherwise distribute or facilitate the distribution of any content on or through the MotoGo app that:

Infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity or violates any law or contractual duty;
You know is false, misleading, untruthful, or inaccurate;
Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination, or violence, or is otherwise inappropriate as determined by us in our sole discretion;
Constitutes unauthorized or unsolicited advertising, junk, or bulk e-mail;
Involves commercial activities (whether or not for profit) and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
Contains software viruses or any other computer codes, files, worms, logic bombs, or programs that are designed or intended to disrupt, disable, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information;
Impersonates any person or entity;
Includes anyone’s identification documents or sensitive financial information; and
Breaches our Privacy Policy and/or any of the other policies and rules incorporated herein.

YOU SHALL NOT:

Take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
Interfere or attempt to interfere with the proper working of the MotoGo app or any activities conducted on the MotoGo app;
Bypass any measures we may use to prevent or restrict access to the MotoGo app (or other accounts, computer systems, or networks connected to the MotoGo app);
Run any form of auto-responder or “spam” on the MotoGo app;
Use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the MotoGo app;
Harvest or scrape any Content from the MotoGo app;
Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the MotoGo app or Content located on the MotoGo app;
Decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the MotoGo app (including without limitation any application or widget);
Copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder; and
Otherwise take any action in violation of our guidelines and policies.

OWNERSHIP AND INTELLECTUAL PROPERTY:

The MotoGo app and all Content displayed or otherwise accessible through the MotoGo app, other than your submissions, are owned or licensed by us and are protected under United States and foreign copyright laws and referred to herein as our Content. You are not granted any right, title, interest, or other license in or to our Content. You agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast, or otherwise make available any of our Content, including without limitation, by caching, framing, deep-linking, or similar means, without our prior written consent.

MotoGo is a trademark. Other names, words, titles, phrases, logos, designs, graphics, icons, and trademarks displayed on or through the MotoGo app may be registered or unregistered trademarks of third parties. Any use of any trademark appearing on or through the MotoGo app without the express written consent of its owner is strictly prohibited.

TERMINATION OR SUSPENSION OF MOTOGO APP:

We may at any time, without notice, in our sole discretion and without cause, terminate and/or suspend your right to access or use the MotoGo app (or any portion thereof) including for reason of your breach of these Terms of Use.

ASSUMPTION OF RISK AND RELEASE:

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE MOTOGO APP IS ENTIRELY AT YOUR OWN RISK. THE GAMES PROVIDED BY US THROUGH THE MOTOGO APP CONTAIN CERTAIN CHALLENGES THAT YOU MUST COMPLETE IN ORDER TO PARTICIPATE. IN SOME CASES, THE CHALLENGES ARE SUBMITTED BY USERS AND THIRD PARTIES, AND WE DO NOT EXERCISE EDITORIAL CONTROL OVER THEIR SUBMISSIONS. BY PARTICIPATING IN THE GAME THAT WE OFFER, YOU ACCEPT ALL RISKS AND RESPONSIBILITIES ASSOCIATED WITH COMPLETING ANY CHALLENGE. DO NOT DRIVE UNLAWFULLY, DO NOT DRINK AND DRIVE, OR BE ON ANY ILLEGAL DRUGS DURING YOUR TIME OF PLAYING OUR GAME. DO NOT PARTICIPATE IN ANY CHALLENGE THAT MAY IN ANY WAY CREATE A RISK OF INJURY, DEATH, OR PROPERTY DAMAGE. YOU HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE MotoGo OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, OR SUPPLIERS IN CONNECTION WITH ANY INJURY TO PERSON, PROPERTY DAMAGE, OR DEATH ARISING OUT OF OR RELATED TO YOUR PARTICIPATION IN A GAME OR CHALLENGE OFFERED BY MOTOGO.

DISCLAIMER:

THE MOTOGO APP AND ALL CONTENT MADE AVAILABLE THROUGH THE MOTOGO APP IS PROVIDED “AS IS” WITHOUT WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATION, CONDITIONS, OR GUARANTEES OF QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

LIMITATION OF LIABILITY:

IN NO EVENT SHALL MotoGo OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (1.) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2.) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR MOTOGO APP OR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (3.) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR MOTOGO APP, (4.) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR MOTOGO APP BY ANY THIRD PARTY, AND/OR (5.) YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MOTOGO APP, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

INDEMNIFICATION:

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless MotoGo, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from (1.) your use of and access to the MotoGo app; (2.) your violation of any term of these Terms of Use; (3.) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (4.) any claim that content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the MotoGo app.

THIRD-PARTY SITES:

Any third-party websites linked to or from the MotoGo app may have different terms and conditions. We have no control over such third-party websites. You should carefully review these other websites’ terms and conditions to determine how each website may use any personal information you provide. These Terms of Use are no longer applicable when you leave our MotoGo app by way of any link. If you decide to access or use any linked website or content, materials, software, goods, or MotoGo apps from a linked website, you do so entirely at your own risk.

GOVERNING LAW AND DISPUTES:

These Terms of Use and your use of the MotoGo app are governed exclusively by the laws of British Columbia, Canada, notwithstanding any principles of conflicts of law. To the extent permitted by applicable law, any claim, dispute, or controversy between you and us shall be determined by final and binding arbitration, with no right of appeal, even on questions of law. Such arbitration will be conducted in Vancouver, British Columbia, in English. If the foregoing arbitration is not permitted by applicable law or any court with jurisdiction, you irrevocably agree that all claims, disputes, or controversies shall be settled exclusively by the courts of Alberta.

ENTIRE AGREEMENT, WAIVER, AND SEVERABILITY:

This agreement, together with any applicable transaction request and confirmation, constitutes the entire agreement between you and us with respect to your use of the MotoGo app and supersedes all prior or contemporaneous agreements or understandings, if any, whether written or oral, relating to such subject matter. No modification, amendment, or waiver of these Terms of Use shall be effective or binding unless made in writing and signed by us. If any of the provisions of this agreement shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision herein.

These Terms of Use were last updated January 28, 2025.