TERMS OF USE FOR MOTITA

Welcome to MOTITA.co!

Please carefully review the following terms and conditions that govern your use of our website. These Terms of Use apply to the access and use of the MOTITA website, including any mobile apps or services that connect to MOTITA’s mobile-enhanced versions of the website (collectively referred to as the “MOTITA Electronic Platforms”). The MOTITA Electronic Platforms are hosted on an online e-commerce platform provided by or for MOTITA, Inc. and its subsidiaries and/or affiliates (referred to as “MOTITA” or “we” or “us” or “our”). These terms constitute a legally binding agreement between you and MOTITA. By using our website, you agree to comply with and be bound by these terms. If you do not agree with these terms, please refrain from using the MOTITA Electronic Platforms. As we may update these terms from time to time, it is advisable to periodically review this page to stay informed. Your continued use of the MOTITA Electronic Platforms after any modifications indicates your acceptance of the updated terms. If you have any questions regarding our policies, please contact us at [email protected].

 

ONLINE STORE TERMS

LEGAL INFORMATION

By agreeing to these Terms of Use, you represent that you have reached the age of majority in your place of residence, or if you are under the age of majority, that you have obtained the necessary consent from your parent or legal guardian to use the MOTITA Electronic Platforms.

You may not use our products for any illegal or unauthorized purposes. Furthermore, you must comply with the laws applicable in your jurisdiction, including copyright laws, when using our website.

You must not transmit any worms, viruses, or any other code that could be harmful or destructive.

Violation of any of the Terms of Use will result in the immediate termination of your right to use the MOTITA Electronic Platforms.

 

INTELLECTUAL PROPERTY

The MOTITA Electronic Platforms are the exclusive property of MOTITA, Inc. Unless otherwise specified, all design and content featured on MOTITA.co, including but not limited to navigational buttons, images, artwork, graphics, photography, text, and other elements, are protected by copyrights, trademarks, trade dress, and/or other intellectual property rights owned, controlled, or licensed by MOTITA. All intellectual property on the MOTITA Electronic Platforms, excluding “user-generated content” as defined below, is owned by MOTITA or its licensors and is protected by copyright, trademark, and patent laws. All trademarks, service marks, and trade names appearing on the MOTITA Electronic Platforms are owned, registered, and/or licensed by MOTITA. The Content on the MOTITA Electronic Platforms, including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, and all other content, is protected by copyright laws and is the exclusive property of MOTITA; all rights reserved. “User-generated content” refers to all communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content posted or made available on or through the MOTITA Electronic Platforms by users, excluding Content owned by MOTITA.

MOTITA uses the following trademarks: MOTITA. MOTITA reserves the right to modify styles, colors, sizes, and prices. All photos on the MOTITA Electronic Platforms are © MOTITA. All rights reserved.

 

PLATFORM RESTRICTIONS

You may use the Content available on the MOTITA Electronic Platforms for your personal, non-commercial use, either to participate in the MOTITA Electronic Platforms, place orders, or purchase MOTITA products. You agree not to remove or alter any ownership notices from downloaded or printed materials obtained from the MOTITA Electronic Platforms. Without MOTITA’s prior written consent, except for your own user-generated content that you legally post on the MOTITA Electronic Platforms, you may not modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, post, transmit, or sell any intellectual property or Content found on the MOTITA Electronic Platforms, including user-generated content. You agree not to use any data mining, robots, scraping, or similar data gathering methods. These Terms of Use do not grant you any license to use the intellectual property rights of MOTITA.

 

MOTITA MOBILE MESSAGING

By subscribing to MOTITA mobile messages, you consent to receiving recurring autodialed marketing messages and cart reminders to the telephone number provided at the time of opt-in. Message frequency may vary. Message and data rates may apply. Consent is not required as a condition of purchasing any goods or services. Terms and conditions are subject to change. MOTITA is not responsible for delayed or undelivered messages.

 

You can review our privacy policy by visiting https://MOTITA.co/privacy-policy/

 

DISCLAIMER OF WARRANTY

YOU AGREE THAT THE MOTITA ELECTRONIC PLATFORMS AND ALL THEIR CONTENT ARE PROVIDED “AS IS,” AND YOU ASSUME ALL RISKS ASSOCIATED WITH THEIR USE. MOTITA, INC. DOES NOT WARRANT THAT THE FUNCTION OR OPERATION OF THE MOTITA ELECTRONIC PLATFORMS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORMS OR THE SERVERS MAKING THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. AS A VISITOR AND USER OF THE MOTITA ELECTRONIC PLATFORMS, YOU ARE RESPONSIBLE FOR ANY COSTS ASSOCIATED WITH SERVICING YOUR EQUIPMENT USED IN CONNECTION WITH THE PLATFORMS. BY ACCESSING AND USING THE MOTITA ELECTRONIC PLATFORMS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS STATED IN THIS LEGAL NOTICE. TO THE MAXIMUM EXTENT ALLOWED BY LAW, MOTITA, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

 

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOTITA, INC. SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO ACCESS THE MOTITA ELECTRONIC PLATFORMS. IN NO EVENT SHALL THE CLAIM FOR DAMAGES EXCEED THE ACTUAL COST OF YOUR DIRECT EXPENSES RESULTING FROM DAMAGES INCURRED. MOTITA, INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM THE USE OR ACCESS OF THE MOTITA ELECTRONIC PLATFORMS. THIS LIMITATION SHALL APPLY TO DAMAGES RESULTING FROM ANY CAUSE OF ACTION, INCLUDING NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR MISREPRESENTATION, EVEN IF MOTITA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. In our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. This includes orders placed using the same customer account, credit card, or billing/shipping address. If we make changes to or cancel an order, we will attempt to notify you using the email and/or billing address/phone number provided at the time of the order. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all transactions made on our website. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, to facilitate the completion of your transactions and enable us to contact you when necessary.

We strive to present accurate and reliable information on our website. However, there may be occasions when the information on MOTITA.co contains incomplete data, typographical errors, or inaccuracies. Any errors are unintentional, and we apologize if they affect merchandise price, item availability, or your order in any way. Please note that we provide content “as is” and make no claims regarding its accuracy, whether expressed or implied. We reserve the right to amend errors or update product information without prior notice. If a MOTITA product is listed at an incorrect price due to photographic error, typographical error, or incorrect pricing information from our suppliers, MOTITA, Inc. reserves the right to refuse or cancel any orders for the product listed at the incorrect price. We may refuse or cancel such orders, regardless of whether the order has been confirmed and your credit card has been charged. In case of cancellation, MOTITA will issue a credit to your credit card account for the amount of the incorrect price.

For more details, please review our Returns Policy or contact us at [email protected]

 

COLORS

We make every effort to display the colors of our products on our website as accurately as possible. However, due to variations in monitor settings, we cannot guarantee that your display will accurately reflect the colors of the products.

 

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless MOTITA, its owners, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees and expert witness fees, resulting from any violation of these Terms of Use or any activity related to your account, including negligent or wrongful conduct, whether by you or any other person accessing our website using your Internet account.

 

CORRESPONDENCE

We value your feedback and comments about MOTITA, our products, and services. However, please refrain from sending us any confidential or proprietary ideas, suggestions, materials, or information through this website. All comments, feedback, ideas, suggestions, and other submissions that you disclose or submit to MOTITA through MOTITA.co become the exclusive property of MOTITA. If we specifically request certain submissions or if you provide unsolicited creative ideas, suggestions, proposals, plans, or materials (collectively, “comments”) without our request, you agree that we may freely edit, copy, publish, distribute, translate, and otherwise use such comments in any medium, without any restrictions. We have no obligation to maintain the confidentiality of comments, compensate you for them, or respond to them.

We may, but are not obligated to, monitor, edit, or remove comments that we deem, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violate any party’s intellectual property rights or these Terms of Use.

You agree that your comments will not infringe upon any third-party rights, including copyright, trademark, privacy, or any personal or proprietary rights. You further agree that your comments will not contain libelous, unlawful, abusive, or obscene material or any computer viruses or malware that could affect the operation of this website or any related website. You shall not use a false email address, pretend to be someone else, or mislead us or third parties as to the origin of any comments. You are solely responsible for the accuracy of your comments. We assume no responsibility and shall not be liable for any comments posted by you or any third party.

 

SEVERABILITY

If any provision of these Terms of Use is deemed prohibited or invalid under applicable law, the remaining provisions shall continue to be effective and valid to the extent permitted by law, without invalidating the remainder of such provision or the remaining provisions of these Terms of Use.

 

COMPLETE AGREEMENT

These Terms of Use constitute the complete agreement between you and MOTITA. regarding the access and use of this website.

 

GOVERNING LAW; VENUE AND JURISDICTION; ATTORNEYS’ FEES

These Terms of Use are governed by the laws of the State of Texas, United States regardless of conflicts of law principles or where the claim arose, even if in a foreign country. You agree that any disputes shall be exclusively heard in the appropriate forum in Texas and waive any claim or defense that such forum is inconvenient or improper. You consent to the state venue in Austin, TX. In any legal action, the prevailing party will be entitled to recover reasonable attorneys’ fees and costs, including expert witness fees. Any cause of action arising from or related to the use of this website must be initiated within one year after the cause of action arises or be forever barred.

 

CONSIDERATIONS FOR NON-U.S. CUSTOMERS

MOTITA’s headquarters are located in the United States, and our services are based in the United States. Please be aware that any information you provide to MOTITA or that MOTITA obtains through your use of our website may be processed and transferred to the United States, subject to United States laws. The privacy and data protection laws in the United States may differ from those in your country of residence. By using our website or providing MOTITA with your information, you consent to the collection, transfer, storage, and processing of your information in the United States.

 

PHOTOGRAPHY CREDIT

Photos displayed on this website are the exclusive property of MOTITA.

 

TERMINATION

MOTITA reserves the right to terminate or modify these Terms of Use at any time. All provisions of these Terms of Use will survive termination. Changes will be effective immediately upon being posted on the MOTITA website.