Terms of Use

Effective Date: This Terms of Use Agreement was last updated on October 12th, 2014.

Services can include but are not limited to the following:
a) Viewing data from the vehicle and mobile app in a web portal or browser 
b) Transmitting mobile application data to a database 
c) Transmitting data from onboard a vehicle’s computers to a mobile applications via a diagnostic interface module 
d) Accessing third party data sources via mobile applications and web portals. 

The Software and Services are not intended for and are not designed for children under 13 years of age. If you are 13 or older but under the age of 18, then you agree to review the agreement with your parent(s) or guardian(s) to ensure that both you and your parent(s) or guardian(s) understand and consent to the agreement and that the user and his or her parent(s) or guardian(s) review and accept the agreement on the user's behalf through the Motolingo registration process. If the reader of the agreement is a parent or guardian entering this agreement for the benefit of a child over 14, then he or she agrees and accepts full responsibility for his or her child's use of Motolingo and the services, including all financial charges and legal liability that such child may incur. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of Software, Hardware and Services. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted to Motolingo's' website(s). Your continued use of the Software and access to Motolingo's Services after updates are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended. 
 

GRANT OF LICENSE

This agreement grants a license (“License”) for use of the Software, including but not limited to mobile applications, on one device at any time. The License is non-exclusive and non-transferable. The License does not grant rights to future upgrades, updates or supplements. 

 

SERVICES

Motolingo grants you a personal, non-transferable and non-exclusive right to access and use the Services for a period specified during the purchase or activation of the Software from Motolingo’s website or from an authorized affiliate, reseller or distributor. Services enabled for access are limited to a single mobile device unless explicitly approved by Motolingo.

 

ADDITIONAL RESTRICTIONS

Selling, renting, presenting, leasing, broadcasting or any other kind of distribution of the Software, Services and/or Hardware is prohibited. You may not alter, analyze, reverse engineer, decompile, disassemble, or modify this Software. Nor shall you make products derived from this Software or Services. The Services are owned and operated by Motolingo. You acknowledge and agree that the Services, any necessary software used in connection with the Services (if any) and any Motolingo content offered as part of the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Motolingo is an exclusive trademarks of, and owned by Motolingo. You may not use or display such trademarks in any manner without Motolingo’s prior written permission.

 

WARRANTIES

Motolingo does not warrant the Software and/or Hardware to operate without error. Variations and uncertainties in vehicle diagnostic interfaces and communications, email systems and software, user tampering or unauthorized access, wireless carrier coverage and availability, and local environmental conditions among other factors can detrimentally affect the calculations and performance of any and all Software and Hardware. Except for the Limited Warranty document provided with Hardware, the Hardware and Software are provided AS IS WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any implied warranties, duties or conditions of: non-infringement, merchantability, fitness for a particular purpose, reliability or availability, accuracy or completeness of responses, results, workmanlike effort, lack of viruses, quiet enjoyment, quiet possession, satisfactory quality, provision of or failure to provide support or other services, information, software, and related content through the Software and/or the Hardware or otherwise arising out of the use of the Software and/or the Hardware. The website is provided by Motolingo on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Motolingo makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Motolingo shall have no liability for any interruptions in the use of this Website. Motolingo disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable. 

 

LIMITATION OF LIABILITY

Motolingo and its suppliers shall not be liable to you or to any third party for any indirect, incidental, consequential, special, or exemplary damages (including without limitation, damages for the inability to use the equipment or access the data, loss of data, loss of business, loss of profits, business interruption or other pecuniary loss) arising out of the use or inability to use the Software, Services and/or Hardware, even if Motolingo has been advised of the possibility of such damages. Any materials or intellectual property created and licenses are original and do not infringe upon the rights of others to the best of Licensor's knowledge.In any case, Motolingo's entire liability under any provision of this Agreement shall be limited to the amount actually paid by you for the Software and/or Hardware. 

 

SUBMISSIONS

All submissions (but not personal information) become our property. All submissions are non-confidential in nature. “Submissions” may be thought of as “letters to the editor” or “suggestions,” “ideas” and other types of email or letters that you send our way or just general "Feedback." We may publish all submissions in any manner that we deem to be appropriate, including in all forms of media and publication. We solely own the intellectual property ideas, concepts, methods, applications and any and all other content, including copyright and patent ownership, regarding the feedback or suggestions that you send to us. You are solely responsible for the content of all submissions, including any violation of any law(s) contained within such submissions, copyright, privacy, fraud, and other laws and regulations. You agree to hold us harmless and indemnify us from any civil actions filed or threatened to be filed by any third party or entity who determines that your submissions supports a legal cause of action. 

 

TERMINATION

Without prejudice to any other rights, Motolingo may immediately terminate this Agreement if you fail to comply with any of its terms and conditions. In such event, you must destroy all copies of the Software. 

 

INDEMNIFICATION

You agree to indemnify and hold Motolingo, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your use of the Software, Hardware or Service, the violation of this Agreement, or infringement by you, or other user of the Software, Hardware or Service using your computer or mobile devices, of any intellectual property or any other right of any person or entity. 

 

MODIFICATIONS AND INTERRUPTIONS TO SERVICE

Motolingo reserves the right to modify or discontinue the Service with or without notice to the Member. Motolingo shall not be liable to YOU or any third party should Motolingo exercise its right to modify or discontinue the Service. You acknowledge and accepts that Motolingo does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control. 

 

THIRD PARTY CONTENT AND SERVICES 

The Motolingo Software and Services may contain or be accompanied by third-party software, data or other materials that are subject to and provided in accordance with terms that are in addition to or different from the terms in this Agreement. Licensee takes sole responsibility for acquiring and complying with any licenses that may be necessary to use third-party software, data or other content that Licensee uses or acquires for use in conjunction with the Licensed Software and Services. Licensee acknowledges and agrees that Motolingo has no responsibility for, and makes no representations or warranties regarding, such third-party software, data or other materials or Licensee's use of such third-party software, data or other materials. Use of Motolingo Licenses or Services that include HERE(TM) Navteq maps data are subject to the terms in Exhibit A Our website ans Services may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites. 

 

DISCLAIMER REGARDING ACCURACY OF VENDOR INFORMATION

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Motolingo makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. Motolingo makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk. 

 

EXPORT

Licensee shall comply with the provision of all applicable federal, state, county, and local laws, ordinances, regulations, and codes. Licensee acknowledges that the Software, Services and all related technical information, documents, and materials are subject to export controls under the U.S. Export Administration Regulation. Licensee will (i) comply strictly with all legal requirements established under these controls, (ii) cooperate fully with the other party in any official or unofficial audit or inspection that relates to these controls, and (iii) not export, re-export, divert, transfer, or disclose, directly or indirectly, any Software, Services or related technical information, document, or material or direct products thereof to any country so restricted by the U. S. Export Administration Regulations, as modified from time to time, or to any national or resident thereof, unless Licensee has obtained the prior written authorization of Licensor and the U.S. Commerce Department and any relevant local governmental authority. 

 

PAYMENT TERMS

You agree to pay any fees due for and incurred by your use of any Services that require payment. You agree to pay all fees and other charges incurred in connection with your Account. Motolingo will administer and apply payments you transmit in a timely and commercially reasonable manner. Motolingo reserves the right to terminate access to a Service on account of nonpayment of charges. To discontinue Service and associated payment, contact Motolingo at support@motolingo.com or the appropriate affiliate or reseller. When contacting Motolingo, the cancellation of a Service will go into effect at the end of your current billing cycle, and you will have the same level of access to the Services through the remainder of such billing cycle. No refunds or credits will be provided by Motolingo. Monthly fees will be billed automatically, and will auto-renew until you terminate the Service and Motolingo disables the automatic billing within a reasonable and timely manner. Refunds will not be given for unused portions of any Services. 

 

JURISDICTION/ARBITRATION

This Agreement will be governed by and construed in accordance with the internal laws of the State of Oklahoma, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section, all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in Dallas, Texas, before J.A.M.S./ENDISPUTE or its successor ("JAMS") pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and (iii) this Agreement. The arbitration will be conducted in accordance with the provisions of J.A.M.S.'s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the "JAMS Rules"), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS's panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator's fees will be shared equally by the parties and each party will initially bear its own costs and attorneys' fees, but the prevailing party shall be reimbursed by the other party for all attorneys fees, witness fees, and arbitration costs. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. 

 

COMPLIANCE WITH LAWS

You assume all knowledge of applicable law and is responsible for compliance with any such laws. You may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. 

 

COPYRIGHT AND TRADEMARK INFORMATION

All content included or available on this site and in Software and Services, including design, text, graphics, interfaces, and the selection and arrangements thereof is ©2016 www.motolingo.com, with all rights reserved, or is the property of Motolingo and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Motolingo is strictly prohibited. You agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Motolingo. Motolingo™ and motolingo.com™ are proprietary marks of Motolingo. Motolingo’s trademarks may not be used in connection with any product or service that is not provided by Motolingo, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Motolingo. All other trademarks displayed on Motolingo’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Motolingo. 

 

NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Motolingo.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement. You may send your appropriately worded and documented DMCA notice to us at the addresses indicated below. 

 

By Mail:

Motolingo Inc

5580 Terri Ct

Bartlesville, OK 74006

 

By Email:

support@motolingo.com

 

OTHER TERMS

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Motolingo, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation. You agree that by accepting this Terms of Use Agreement, you are consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy. 

 

After signing up for an account, you may receive periodic email communications regarding our Services. You cannot opt out of receiving these communications while you continue to use our Services.

 

You may also receive periodic promotions and other offers or materials that we believe might be of interest to you. You can opt out of receiving these promotional messages at any time by emailing support@motolingo.com.