Terms of Service
Effective March __, 2017
A. About Us:
Welcome to www.theinspiredmoto.com (the “Website”). The Inspired Moto (“The Inspired
Moto”, “us”, “we”, or “our”) provides an online store to buy décor and other goods (collectively,
“Items”). We do this through the Website and by the Items and services otherwise offered by us
(together with the Website, Content, and all of the Items and services offered by us, collectively
the “Services”). By accessing or using the Services (including, but not limited to accepting an
Item), you the end user of the Services (collectively, “User”, “you”, or “your”), expressly agree to
be bound to and to abide by these Terms of Service (“Terms”), our Privacy Policy, and any other
policy we may develop from time to time, including, but not limited to any shopping guidelines
(collectively, “Policies”), which create legal and enforceable agreements whether or not you
purchase Items from us, whether or not you register for a user account (an “Account”) with us, and
whether or not you obtain, transmit, post, send, receive, link, email, submit, upload, download, or
otherwise communicate (“Transmit”): User Content, text, ratings, reviews, images, video, audio,
software, music, graphics, links, electronic messages, or any other input or data (collectively,
“Content”) using the Services to us or other Users. If you do not agree to be bound to or to abide
by these Terms of Service and our other Policies, do not browse the Website or use the Services.
BY ACCESSING THE SERVICES, YOU (ON BEHALF OF YOURSELF OR THE
ENTITY THAT YOU REPRESENT) REPRESENT AND WARRANT THAT YOU HAVE
THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON
BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) AND
ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE
BOUND BY ALL OF THE PROVISIONS, CONDITIONS AND NOTICES CONTAINED
IN THESE TERMS JUST AS IF YOU SIGNED THESE TERMS.
THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION,
INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE
TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH US.
B. Our Terms of Service:
1. Service Conditions. You cannot use the Services unless: (a) you are at least 18 years of age (or
such other age of legal majority applicable in your jurisdiction), or (b) you are at least 13 years of
age, have obtained the consent of your parent or legal guardian to use the Services, and your parent
or legal guardian agrees to be bound by these Terms and agrees to be responsible for your use of
the Services on your behalf. By accessing the Services, you represent and warrant to us that you
have the right, authority and capacity to agree to, and abide by these Terms and you shall not use
any rights granted hereunder for any unlawful purpose or for any purpose which violates these
Terms, as determined by us.
2. Grant of License. These Terms provide you with a personal, revocable, non-exclusive, nonassignable,
non-transferable, limited and temporary license to access and use the Services, subject
to these Terms and our Policies.
3. Mobile Devices. If you are accessing the Services via a computer, mobile device, or tablet which
is owned or controlled by you (a “Device”) then, you understand and agree that use of the Services
via your Device may result in data or other charges from your Internet communication service
provider and you expressly release, indemnify, hold harmless, and defend us from any and all
liability relating to any such charges and/or your Device.
4. Account and Information. To use certain aspects of our Services, you must create an Account.
You agree to provide true, accurate, current and complete information as prompted by our order
form and/or Account registration form. You also agree to maintain and promptly update the
information you provide to us in order to keep such information true, accurate, current and
complete. It is your obligation to maintain and control passwords to your Account. YOU AGREE
THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR
ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE
AUTHORIZED SUCH ACTIVITIES OR ACTIONS. You agree to immediately notify us of any
unauthorized uses of your username and password and/or any other breaches of security. There is
no assumption by us of your responsibility to notify your local law enforcement agency of any
identity theft. You agree we will not be liable for any loss or damages caused by your failure to
comply with your security obligations.
5. Payment, Shipping, and Returns.
(a) Payment. In connection with any services or Items you purchase using the Services, you agree
to pay us the amounts displayed on the Website or in an applicable purchase order, together with
any shipping charges that may apply to your transaction with us, each as determined by us. The
policies and prices that are disclosed to you when you purchase an Item are a part of these Terms.
You authorize us to charge your chosen payment method (credit card, debit card, et cetera) in
connection with all fees, costs, and other amounts incurred by you in the Services, as determined
by us. In connection with any fees, costs, and other amounts paid by you, you agree: (i) to only
provide valid and current payment information; (ii) that we may use the tools, software or services
of the then-current payment processor used by us in connection with the Services (currently,
PayPal, Inc., our “Payment Processor”) to process fees, costs, and other amounts as well as
transactions on our behalf; (iii) to promptly pay all amounts which are due and payable to us upon
demand; and (iv) to abide by the terms and policies of the Payment Processor. We are not
responsible or liable for any activities or conduct of our Payment Processor, and you agree to hold
us harmless, indemnify, defend, and expressly release us, from any and all liability relating to the
conduct of our Payment Processor. All amounts shall be paid in US Dollars.
(b) Shipping. Items will be shipped to you using a carrier displayed on the Website at the time you
place an Item order. All shipment of Items shall be FOB ORIGIN. When a third party carrier
selected by us ships items to you, we shall have no further responsibility for the Items, and all risk
of damage or loss or delay of the Items shall pass to you, upon their delivery at the FOB ORIGIN
point. The FOB ORIGIN point is the state and county where the applicable Items are shipped from,
as determined by us in our sole discretion. When you ship Items to us (e.g. in connection with a
return or exchange), it shall be at your cost and the risk of loss of the Item you are shipping shall
pass to us upon our receipt of the Item.
(c) Returns. Items may be returned within 30 days of purchase ONLY IF we determine in our sole
discretion that such Items are in unused condition (i.e. we determine that the Item was not used or
damaged by you). In the event we determine in our sole discretion that such Items are in unused
content, then you shall have the option of exchanging the Item or receiving a chargeback to your
payment method. Contact us at juliekoch@theinspiredmoto.com within 30 days of purchase for
further return processing instructions. In connection with any returns or exchanges, you shall pay
the cost of shipping the Item to us.
6. Linking To The Website. You are granted a limited, revocable, non-exclusive right to create a
text hyperlink to the Website. This limited right may be revoked at any time and for any reason or
no reason, as determined by us in our sole discretion. Upon such time as we notify you that your
limited right to link to the Website hereunder has been revoked by us, you agree to immediately
cease using and remove any and all links to the Website which were previously created, used, or
controlled by you. You may not use any of our logos, or other proprietary graphics to link to our
Website without our express written permission which we may withhold in our absolute discretion.
Further, you may not use, frame or utilize framing techniques to enclose any of our trademarks,
logos or other proprietary Content, including the layout/design of any page of our Website without
our express written consent. Except to the extent you may link to the Website as noted above, you
are not conveyed any other right or license by implication, estoppel or otherwise.
7. Content and User Content.
(a) By Us.
(i) Generally. All Content on the Services, or obtained from a Linked Site (defined below) are
provided to you ‘AS IS’, ‘AS AVAILABLE’ and ‘WITH ALL FAULTS’. The Inspired Moto
provides the Services for informational purposes only and any statements made by us are opinions
only. We expressly disclaim all liability related to the accuracy or reliability of any opinion, advice,
or Content on the Services or reliance on any opinion, advice, or Content on the Services.
(ii) Items. All features, Content, specifications, Items and prices of Items and services described
or depicted on the Website are subject to change at any time without notice. You understand and
agree that Items may be made from reclaimed materials, are unique, and that there may be
variances in appearance of an Item. The Inspired Moto makes all reasonable efforts to accurately
display the attributes of its Items, including the applicable colors. However, the actual color and
attributes that you see will depend on your Device and we cannot guarantee that your Device will
accurately display such colors or attributes. Keep Items out of the reach of children and pets as
ingestion of certain pieces can present a choking hazard. The inclusion of any Items or services on
the Website at a particular time does not imply or warrant that these Items or services will be
available at any time.
(b) Linked Sites.
(i) The Services may link to other sites by allowing you to leave the Services to access third party
material or by bringing third party material into the Services via ‘inverse’ hyperlinks and framing
technology (a “Linked Site”). The appearance, availability, or your use of URLs or hyperlinks to
Linked Sites referenced or included anywhere on the Services or any other form of link or redirection
of your connection to, with or through the Services, does not constitute an endorsement
by, nor does it incur any obligation, responsibility or liability on the part of The Inspired Moto or
its affiliates. We have no discretion to alter, update, or control the Content on a Linked Site. We
do not verify, endorse, or have any responsibility for, any such Linked Sites, their business
practices (including their privacy policies), or any goods or services associated with or obtained in
connection with any Linked Site, whether or not our logo(s) or sponsorship identification is on the
Linked Site as part of a co-branding or promotional arrangement. If any Linked Site obtains or
collects personal information from you, in no event shall we assume or have any responsibility or
liability. Please read our Privacy Policy which describes how we collect and use your personal
information.
(ii) Third Party Products and Services. When you use the Services to purchase products or services
from a Linked Site, you are purchasing that product or service directly from the third party Linked
Site. Your order is placed with, filled by, and shipped by that third party Linked Site. We have no
involvement in any shipment, fulfillment, returns, or refunds associated with any products or
services that you purchase from a Linked Site or third party. You understand that you must contact
the third party Linked Site directly for inquiries related to your purchase, including but not limited
to: returns, shipping, customer service, refunds, or general information. By using the Services, you
expressly represent and warrant that you will abide by and will not violate any policies, rules,
terms, or conditions of that third party Linked Site.
(c) Transmitted by You.
(i) You agree that you are solely responsible for and retain all rights in the Content that you
Transmit using our Services and otherwise Transmit to us or other Users (collectively. “User
Content”). You represent and warrant that you will not: Transmit Content that infringes on the
intellectual property rights of others; Transmit any Content which violates any provision of these
Terms; or Transmit any objectionable Content as determined by us in our sole discretion. YOU
AGREE THAT WE SHALL NOT BE HELD LIABLE FOR ANY THIRD PARTY’S USE OR
MISAPPROPRIATION OF ANY OF YOUR USER CONTENT.
(ii) You will retain ownership of any copyrights relating to your User Content. However, you also
agree that by Transmitting User Content to us and/or Transmitting User Content anywhere within,
on, or using the Services, you hereby grant to us and represent and warrant to us that you have all
rights necessary to grant to us a worldwide, irrevocable, perpetual, non-exclusive, cost-free,
royalty-free license to use, copy, sell, rent, license, sublicense, display, publically perform, create
derivative works of, distribute, store, archive, transform, edit, alter, distort, modify, add to, subtract
from, enhance, broadcast, telecast, duplicate, distribute, and/or otherwise exploit your User
Content, each as determined exclusively by us, in all forms of media and forms of exploitation,
now known or hereafter created including but not limited to, social media accounts such as
twitter.com, pinterest.com, or instagram.com (collectively, “Social Media Profiles”), websites,
film, television, radio, and/or print, each as determined exclusively by us. In order to further effect
the rights and license that you grant to us regarding your User Content, you also hereby grant to
us the unconditional, perpetual, irrevocable right to use and exploit your name, persona, image,
photograph, and likeness that you provide in connection with any User Content, without any
obligation or compensation to you. To the extent any ‘moral rights’, ‘ancillary rights’, or similar
rights in or to the User Content exists and are not licensed to us hereby, you agree not to enforce
any such rights and you shall procure the same agreement not to enforce from any others who may
possess such rights. Without limiting the scope of the license granted to us by you hereunder or
any future grant of rights, consents, agreements, assignments, and waivers you may make with
respect to User Content, and to the extent allowed by applicable law, you hereby ratify any prior
grant of rights, consents, agreements, assignments and waivers made by you with respect to your
User Content. You further acknowledge and agree that no compensation will be paid with respect
to the use of your User Content or any of the rights granted to us in these Terms. You agree that
the license granted by you in this Section 7(c)(ii) shall be binding upon you, your heirs, legal
representatives, assigns, transferees and successors in interest and shall survive any termination of
these Terms, of your Account, and/or your license to use and access the Services. You agree that
any User Content you Transmit is not being disclosed in confidence or trust and that no confidential
or fiduciary relationship is intended or created between you and us in any way. For clarity, and
without altering the forgoing, generally, while you retain the copyrights in your User Content, we
can do anything we desire with your User Content just as if we owned the User Content and any
copyrights therein.
(iii) You represent and warrant that you own or otherwise possess all necessary rights with respect
to your User Content, that you are able to and authorized to grant us the license in your User
Content listed in Section 7(c)(ii) above, that your User Content does not and will not infringe,
misappropriate, use or disclose without authorization or otherwise violate any copyright, trade
secret right or other intellectual property or other property right of any third party, and that your
User Content is not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or
otherwise objectionable, as determined by us.
(iv) You agree that we may but are not obligated to: filter any User Content including but not
limited to, deleting or replacing expletives or other harmful or offensive language; refuse to display
any User Content; remove User Content from our Services for any reason or no reason, as
determined by us; and/or disclose any User Content and the circumstances surrounding the use
thereof, to any third party for any reason or no reason, as determined by us. We are not responsible
for, and will have no liability for, the removal or non-removal of any Content from our Services.
(v) You agree and understand that you may be held legally responsible for damages suffered by
other Users or third parties as the result of your remarks, information, feedback or other User
Content Transmitted on our Services that is deemed defamatory or otherwise legally actionable.
Under the Federal Communications Decency Act of 1996, we are not legally responsible, nor can
it be held liable for damages of any kind, arising out of or in connection to any defamatory or
otherwise legally actionable remarks, information, feedback or other Content made available on
our Services. Further, you agree to indemnify, hold harmless, and defend us from any liability
and/or damages relating to any User Content Transmitted by you or by a third person using your
Account.
(d) Transmitted by Users or Others. We do not endorse and are not responsible for (i) the Content
provided by other Users, (ii) the accuracy or reliability of any opinion, advice, statement, or
Content made through our Services, (iii) any Content provided on Linked Sites, or (iv) the
capabilities or reliability of any items or service obtained from a Linked Site. There are risks
involved with relying on information on our Services, and you expressly assume those risks when
using our Services. Under no circumstance will we be liable for any loss or damage caused by your
reliance on any Content, items, other information, or services obtained through our Services or a
Linked Site.
8. Privacy Policy. By using the Services, you agree to the provisions of our Privacy Policy, which
is hereby incorporated by reference. You further agree that we may disclose Personal Data (as
defined in our Privacy Policy) according to our Privacy Policy, as determined by us. Please see
our Privacy Policy for more information.
9. Intellectual Property.
(a) Trademarks. THE INSPIRED MOTO and all other graphics, logos, page headers, button icons,
scripts, service names and other Content that we use, manage or control are trademarks, registered
trademarks or trade dress of ours or our subsidiaries, officers, employees, independent contractors,
suppliers, representatives, advertisers, licensors, licensees, successors, assigns, agents, partners, or
other affiliates in the United States or other countries or both. You may not use these trademarks
or trade dress in connection with any product or service that is not our product or service without
our express written permission. All other trademarks that appear on the Services are the property
of their respective owners, who may or may not be affiliated with, connected to or sponsored by
us or any of our affiliates.
(b) Copyright. Except in the case of Content under license to us, we claim a copyright, and all
copyright protection afforded, under international, United States and the laws of New York State,
all text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations,
software (ours or our software suppliers), and all other Content on the Services. The compilation
of all Content on the Services is our exclusive property, and it is similarly protected. We also claim
a copyright, and all copyright protection afforded, under international, United States and the laws
of New York State to all material described in the trademarks section above. Your access to all
information and Content located on the Services is strictly permitted through the license granted
to you under these Terms. Except for the license granted to you in Section 2 of these Terms and
for the licenses granted to us in these Terms, all rights, title and interest in Content, in all languages,
formats and media throughout the world, including all copyrights, is the exclusive property of ours
and our licensors. Except as permitted by these Terms, you are prohibited from modifying,
copying, distributing, displaying, publishing, selling, licensing, creating derivative works, or
otherwise exploiting any Content available on or through the Services without our prior written
permission, or in the case of Content owned by a third party, without first receiving permission
from the owner of that Content. You may not alter or remove any trademark, copyright or other
notice from copies of the Content.
(c) Infringement Claims. We respect the intellectual property of others and ask that Users do the
same. In connection with the Services, we have adopted and implemented a Digital Millennium
Copyright Act (“DMCA”) policy respecting intellectual property that provides for the removal of
any infringing or unauthorized materials and for the termination of the ability to use our Services,
in appropriate circumstances, if we determine that a person or entity is infringing on the intellectual
property rights of others. If you believe that a User is or we are, through the use of the Services,
unlawfully infringing by submitting unauthorized Content, and wish to have the allegedly
infringing or unauthorized material removed, the following information in the form of a written
notification (pursuant to 17 U.S.C. § 512) must be provided to our designated copyright agent
(“Designated Agent”): your physical or electronic signature; identification of the works or rights
that you claim to have been infringed; identification of the Content on the Services that you claim
is infringing and that you request us to remove; sufficient information to permit us to locate such
Content; your address, telephone number, and e-mail address; a statement that you have a good
faith belief that use of the objectionable Content is not authorized by the copyright or other rights
owner, its agent, or the law; and a statement that the information in the notification is accurate,
and under penalty of perjury, that you are either the owner of the copyright or other right that has
allegedly been infringed or violated or that you are authorized to act on behalf of the copyright or
other rights owner. Note that, pursuant to 17 U.S.C. § 512, any misrepresentation of material fact
in a written notification automatically subjects the complaining party to liability for any damages,
costs and attorney’s fees incurred by us in connection with the written notification and allegation
of copyright infringement.
Our Designated Agent is:
Julie Koch
The Inspired Moto
1050 Park Ave
New York, NY 10028
Phone: 973-632-0640
Email: juliekoch@theinspiredmoto.com
10. Restrictions. You may not use or plan, encourage or help others to use the Services for any
purpose or in any manner that is prohibited by these Terms or by applicable law. In using the
Services, you agree at all times that you shall not: (a) infringe on the copyrights or other intellectual
property rights of The Inspired Moto, a User, or a third party (b) copy, distribute, or modify any
part of the Services without our prior written authorization; (c) Transmit inappropriate, inaccurate,
false, misleading, or objectionable Content to the Services, as determined by us; (d) Transmit any
Content which contains software viruses, or other harmful computer code, files or programs; (e)
Transmit Content that falsely states, impersonates or otherwise misrepresents your identity,
including but not limited to the use of a pseudonym, or misrepresenting your current or previous
positions and qualifications, or your affiliations with a person or entity, past or present; (f) make
threats or use profanity; (g) harass, stalk or intimidate other Users; (h) manipulate or exclude
identifiers in order to disguise the origin of any Content; (i) disrupt the networks connected to the
Services, including but not limited to by: attempting to probe, scan or test the vulnerability of the
Services, attempting to breach security or authentication measures without proper authorization,
or attempting to interfere with the Services or a User, by means such as overloading, ‘flooding’,
‘mailbombing’ or ‘crashing’; (j) circumvent, disable or otherwise interfere with security-related
features of the Services or features that prevent or restrict use or copying of any Content or that
enforce limitations on use of the Services; (k) collect Content, personally identifying information,
and/or other information from the Services, or otherwise access the Services, by using any
automated means, including but not limited to, ‘robots’, ‘spiders’, ‘scrapers’ and ‘offline readers’,
without our prior written approval which we may withhold in our discretion; (l) modify, translate,
reverse engineer, decompile, disassemble, create derivative works based on, sublicense, sell, or
distribute the Services; (m) rent or lease any rights in the Services in any form to any third party
or make the Services available or accessible to third parties; (n) use any communications systems
provided by the Services to send unsolicited or unauthorized commercial communications,
including but not limited to by email, SMS, MMS, or any other means; (o) remove, alter or obscure
any proprietary notice or identification, including copyright, trademark, patent or other notices
displayed on the Services; (p) mislead or attempt to mislead or defraud or attempt to defraud or
conceal any information relating to Content or other information that you provide to us; (q) link,
deep link, ‘frame’ or ‘mirror’ any part of the Services without our prior consent; or (r) use the
Services to violate any applicable laws, rules or regulations, or for any unlawful, harmful, or
inappropriate purpose, or in any manner that breaches these Terms or is otherwise objectionable,
as determined by us in our sole discretion.
11. Termination, Restriction, and Suspension.
(a) Termination By You. You may cancel your Account at any time for any reason or no reason
using your Account dashboard. Termination of your Account will be effective within a reasonable
time after we receive notification of your desire to cancel, as determined by us. See Section 5
regarding returns and exchanges.
(b) By us. We retain the right to terminate, restrict, or suspend these Terms, your Account, and/or
any license to access or use any portion of the Services granted by these Terms at any time, without
prior notice, if we determine in our sole discretion that any action or inaction by you relating to
the Services violates these Terms or is otherwise objectionable.
(c) Effects of Termination. Upon termination of your Account, these Terms and/or your right to
access the Services, the licenses granted to you by these Terms will automatically terminate.
(d) After Termination. Upon termination of your Account, these Terms and/or any license to access
or use any portion of the Services granted by these Terms for any reason, you agree that we may
restrict your access and/or use of any portion of the Services and take any measures we deem
necessary to prevent you from accessing the Services, including by blocking your IP address. You
agree that we are not obliged to retain or provide to you any Content or Personal Data (as defined
in our Privacy Policy) which was collected by us, but we may elect to do so in our sole discretion,
for a duration determined by us.
12. DISCLAIMERS.
(a) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WITH RESPECT
TO THE SERVICES AND ITEMS, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY, ACCURACY, SECURITY, FITNESS FOR A
PARTICULAR PURPOSE, QUIET ENJOYMENT, QUIET TITLE, NON-INFRINGEMENT,
AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF
TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY
FURTHER EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR
FAILURE RELATING IN ANY WAY TO ITEMS PURCHASED FROM US. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE INSPIRED
MOTO OR THROUGH THE WEBSITE OR CONTENT, WILL CREATE ANY WARRANTY
NOT EXPRESSLY MADE HEREIN. THE FOREGOING EXCLUSIONS OF IMPLIED
WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE
REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
(b) THE WEBSITE, CONTENT, AND SERVICES ARE PROVIDED ‘AS IS’, ‘AS
AVAILABLE’ AND ‘WITH ALL FAULTS’ WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE
OR LOSS FROM USE OF, OR INABILITY TO USE, THE SERVICES, INCLUDING BUT NOT
LIMITED TO PHYSICAL INJURY, DAMAGE TO PERSONAL PROPERTY, AND DEATH
(OF A PET OR OTHERWISE) RELATING TO ITEMS. WITHOUT LIMITING THE
FOREGOING, WITH RESPECT TO THE WEBSITE AND/OR CONTENT AVAILABLE ON
THE WEBSITE, THE INSPIRED MOTO EXPLICITLY DISCLAIMS ANY WARRANTIES OF
MERCHANTABILITY, ACCURACY, SECURITY, FITNESS FOR A PARTICULAR
PURPOSE, QUIET ENJOYMENT, QUIET TITLE, NON-INFRINGEMENT, AND ANY
WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE
INSPIRED MOTO MAKES NO WARRANTY THAT THE WEBSITE AND/OR CONTENT
WILL MEET YOUR NEEDS, EXPECTATIONS, BE TO YOUR SATISFACTION, OR BE
AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE, BUG-FREE, OR
MALWARE-FREE BASIS. THE INSPIRED MOTO MAKES NO WARRANTY REGARDING
THE QUALITY OF THE WEBSITE OR CONTENT, OR THE ACCURACY, TIMELINESS,
TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED
THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED FROM THE INSPIRED MOTO OR THROUGH THE WEBSITE OR
CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE
FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE
EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY
SUCH PROHIBITIONS.
13. Release and Waiver of Claims. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, YOU ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU
REPRESENT, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY
VOLUNTARILY AGREE TO RELEASE, WAIVE, AND DISCHARGE ALL CLAIMS,
ACTIONS, DEMANDS, SUITS, OR PROCEEDINGS (“CLAIMS”) AGAINST US AND OUR
AFFILIATES, INCLUDING ANY AND ALL LIABILITY FOR DAMAGES (ACTUAL AND
OR CONSEQUENTIAL), COSTS AND EXPENSES (INCLUDING LITIGATION COSTS AND
ATTORNEYS’ FEES) OF EVERY KIND AND NATURE ARISING FROM OR IN ANY WAY
RELATED TO: (A) THE SERVICES, (B) THESE TERMS, (C) AN ITEM, (D) CONTENT, (E)
YOUR DEVICE, (F) ANY INACCURACY, UNTIMELINESS OR INCOMPLETENESS OF A
USER’S REPRESENTATIONS OR WARRANTIES, AND/OR (G) ANY INACCURACY,
UNTIMELINESS, OR INCOMPLETENESS OF ANY AND ALL INFORMATION AND/OR
CONTENT OBTAINED OR ACCESSED BY OR THROUGH THE SERVICES. FURTHER, IF
YOU ARE A RESIDENT OF THE STATE OF CALIFORNIA, YOU WAIVE YOUR RIGHTS
UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL
RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW
OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED
HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU UNDERSTAND THAT ANY
FACT RELATING TO ANY MATTER COVERED BY THESE TERMS MAY BE FOUND TO
BE OTHER THAN NOW BELIEVED TO BE TRUE, AND ACCEPT AND ASSUME THE
RISK OF SUCH POSSIBLE DIFFERENCES IN FACT. IN ADDITION, YOU EXPRESSLY
WAIVE AND RELINQUISH ANY AND ALL RIGHTS WHICH YOU MAY HAVE HAD
UNDER ANY OTHER STATE OR FEDERAL STATUTE OR COMMON LAW PRINCIPLE
OF SIMILAR EFFECT, TO THE FULLEST EXTENT PERMITTED BY LAW.
14. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT
SHALL WE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT,
CONSEQUENTIAL, OR DIRECT DAMAGES WHATSOEVER, INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR DESTRUCTION OF PROPERTY, NEGLIGENT
INFLICTION OF EMOTIONAL DISTRESS, PERSONAL INJURY, DEATH, LOSS OF
PROFITS, LOSS OF DATA, OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF
OR RELATED TO (A) THE SERVICES, (B) THESE TERMS, (C) AN ITEM, (D) CONTENT,
(E) YOUR DEVICE, AND/OR (F) ANY OTHER ASPECT OF OUR SERVICES, HOWEVER
CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (BREACH OF CONTRACT, A
BREACH OF WARRANTY, NEGLIGENCE, PRODUCTS LIABILITY, STRICT LIABILITY,
OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF
LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total
liability to you for all damages exceed an amount equal to the greater of: (i) the sums paid to us in
connection with the Items or Services out of which the Claims arose, or (ii) $125. The foregoing
limitations will apply even if the above stated remedy fails of its essential purpose.
15. Dispute Resolution.
(a) In the event that any dispute arises with respect to the Website, an Item, , any of our Policies,
or any other aspect of the Services, such dispute shall be resolved by binding arbitration in
accordance with the Commercial Dispute Resolution Procedures and the Supplementary
Procedures for Consumer Related Disputes of the American Arbitration Association, in New York
County, New York, and at our option, such arbitration shall be before a single neutral arbitrator
selected in accordance with the Commercial Dispute Resolution Procedures and the
Supplementary Procedures for Consumer Related Disputes of the American Arbitration
Association. You shall be liable for and shall reimburse us for our expenses and fees, including
attorneys’ fees and arbitrator fees in the event any arbitration or litigation arises out of, under, or
relating to these Terms or any of our Policies, or your use of our Services. By using our Services,
you irrevocably agree and consent to be bound to personal jurisdiction of and venue selection in
the state courts located in New York County, New York or in the U.S. District Court for the
Southern District of New York, as the case may be, whether either arbitration or litigation arises.
YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF
OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER
THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS
PERMANENTLY BARRED.
(b) YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY ON AN
INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS USER IN ANY PURPORTED
CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS WE AGREE
OTHERWISE, THE DECISION-MAKER MAY NOT CONSOLIDATE OR JOIN MORE THAN
ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER
ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.
ALSO, THE DECISION-MAKER MAY AWARD RELIEF ONLY TO THE EXTENT
NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL
CLAIMS. ANY RELIEF AWARDED CANNOT AFFECT THIRD PARITIES.
(c) You agree that irreparable harm to us would occur in the event that any of the provisions of
these Terms were not performed fully by you or were otherwise breached by you, and that money
damages are an inadequate remedy for breach of the Terms because of the difficulty of ascertaining
and quantifying the amount of damage that will be suffered by us in the event that these Terms are
not performed in accordance with its provisions or is otherwise breached. It is accordingly hereby
acknowledged that, notwithstanding any provision of this Section 15, we shall be entitled to
petition the courts mentioned in Section 15(a) for an injunction or injunctions to restrain, enjoin
and prevent a failure to perform these Terms by you, without positing bond or other security, and
to enforce specifically such provisions of these Terms.
(d) Dispute Resolution Severability. If a court decides that any term or provision relating to our
ability to submit any above-mentioned dispute to arbitration or to the above class action wavier
according to this Section 15, the parties agree to litigate any such dispute according to Section
15(a) above and to replace any other such terms or provisions of Section 15(a) or Section 15(b)
with a term or provision that is valid and enforceable and that comes closest to expressing the
intention of the invalid or unenforceable term or provision, and this Section 15 shall be enforceable
as so modified. In any event, the remainder of these Terms will continue to apply.
16. Indemnification. You agree to indemnify, defend, and hold harmless us and our managers,
members, principals, officers, employees, independent contractors, suppliers, representatives,
advertisers, licensors, licensees, successors, assigns, agents, partners, and affiliates from and
against any and all Claims, losses, expenses, damages and costs (including, but not limited to,
direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees,
resulting from or arising out of, under, or relating to: your use, misuse, or inability to use the
Services; your use, misuse, or inability to use an Item; any infringement of a third party’s rights
(including but not limited to intellectual property rights); your Device; your breach of
representation or warranty; your User Content alterations of, loss of, or unauthorized access to any
Content Transmitted or received or not Transmitted or received by you or us; any defamatory,
offensive, fraudulent, or illegal use of our Services by you; and any violation by you of these Terms
or any of our other Policies by you, each as determined by us.
17. Survival. Notwithstanding anything herein to the contrary, any and all provisions of these
Terms which in accordance with their terms must and/or are intended to survive the termination
of these Terms, your Account, and/or your license to use or access the Services shall survive any
such termination.
18. Notification. By using the Services, you agree that we may provide you with any notices or
other communications about your Account or the Services electronically: (a) via email (in each
case to the address that you provide), SMS message, or telephone call (in each case to the phone
number that you provide), or (b) by posting to the Website. For notices made by email, the date of
receipt will be deemed the date on which such notice is Transmitted. We will use best efforts to
honor a User’s request to opt out of promotional messages, but under no circumstances will we be
liable for Transmitting any Content to Users.
19. Severability; No Waiver. The representations and warranties and/or covenants set forth herein
are each to be construed as a separate agreement, independent of any other provisions of these
Terms. Further, the invalidity or unenforceability of any provision, word, phrase, clause, sentence,
paragraph or section of these Terms shall in no way affect the validity or enforceability of any
other provision, word, phrase, clause, sentence, paragraph or section of these Terms, and any such
invalid or unenforceable provision that is overbroad shall be deemed narrowed to the broadest term
permitted by applicable law and shall be enforced as narrowed. If one or more of the provisions in
these Terms is deemed invalid or unenforceable, then the remaining provisions will continue in
full force and effect. Our failure to assert any right or provision under these Terms shall not
constitute a waiver of such right or provision.
20. Assignment. These Terms, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by us as determined by us.
21. Updates. You agree that we may (and reserve the right to) modify, update, alter and/or
discontinue the Services, Content, and/or Website, in whole or in part, with or without notice at
any time, as determined by us in our sole discretion.
22. Third Parties. From time to time, we may engage third parties to assist us in providing certain
aspects of the Services, including but not limited to marketing functions. You agree that we may
engage such third parties in providing Services to you, as determined by us.
23. Entire Agreement; Modification. These Terms together with our Polices any other document
referenced herein, constitutes the entire understanding between us and you with respect to the
subject matter hereof. You agree that we may amend, modify, or alter these Terms and/or our
Polices at any time in our sole discretion. We will notify you about changes to these Terms by
placing the updated Terms on the Website. You agree that your use of the Services after such
notification will constitute acceptance by you of such changes to the Terms.
24. Headings. Headings in these Terms are for convenience only, and shall not govern the meaning
or interpretation of any provision of these Terms. Further, whenever the context requires, all
words, including but not limited to defined capitalized terms, will include the masculine, feminine,
and neuter, and each word will include the singular form, plural form, and other conjugations of
that word.
25. Governing Law; English Language. You agree that: (a) the Services shall be deemed solely
based in New York State (where we have our headquarters), and (b) the Services shall be deemed
passive which does not give rise to personal jurisdiction over us, either specific or general, in
jurisdictions other than New York State. These Terms, our Privacy Policy, and other Policies are
governed by the laws of New York State and of the United States of America, and without regard
to conflicts of law principles. In the event of a conflict between these Terms and a foreign language
version of the Terms, the English language version of these Terms shall govern. All disputes,
claims and causes of action (and related proceedings) will be communicated in English.
26. Compliance. You represent and warrant that you shall comply with all applicable laws,
statutes, ordinances, and regulations regarding use of the Services. The Services are designed and
targeted to Users who reside in the United States. We make no representation that the Services are
operated in accordance with the laws or regulations of, or governed by, other nations. By accessing
the Services you certify that you meet the age and other eligibility requirements for use of the
Services. Those who access or use the Services do so at their own volition and are entirely
responsible for compliance with applicable law. Further, you agree to comply with all laws,
restrictions and regulations relating to the export of items, Content, and the Services. For purposes
of the U.S. Export Administration Act (“Export Laws”), you state you are: (a) not a citizen, or
otherwise located within, an embargoed nation (including without limitation the Office of Foreign
Assets Control (“OFAC”) comprehensively embargoed countries of Iran, Syria, Cuba, North
Korea and Sudan and certain Specially Designated Nationals listed by OFAC as updated from time
to time and (b) not otherwise prohibited under the Export Laws from receiving the Services.
27. Force Majeure. We shall not be liable for delays, failure in performance or interruption of the
Services or in the delivery of Items which result directly or indirectly from any cause or condition
beyond our reasonable control, including but not limited to, any delay or failure due to any act of
God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor
dispute, fire, interruption in telecommunications or Internet services or network provider services,
failure of equipment and/or software, other catastrophe or any other occurrence which is beyond
our reasonable control.
28. Our Relationship with You. Our relationship is that of an independent contractor only.
Nothing in these Terms shall be deemed or is intended to be deemed, nor shall it cause, you and
The Inspired Moto to be treated as partners, joint venturers, or otherwise as joint associates for
profit, or either you or us to be treated as the agent of the other.
29. Feedback. We value your comments and opinions. If you have questions, comments or a
complaint about these Terms, you may send a written notice to us at:
juliekoch@theinspiredmoto.com.
Privacy Policy
Effective March __, 2017
A. About Us:
Welcome to www.theinspiredmoto.com (the “Website”). The Inspired Moto (“The Inspired
Moto”, “us”, “we”, or “our”) provides an online store to buy décor and other goods (collectively,
“Items”). We do this through the Website and by the Items and services otherwise offered by us
(together with the Website, Content, and all of the Items and services offered by us, collectively
the “Services”). By accessing or using the Services (including, but not limited to accepting an
Item), you the end user of the Services (collectively, “User”, “you”, or “your”), expressly agree to
the provisions of and the data practices reflected in this Privacy Policy (our “Policy”), our Terms
of Service, and any other policy we may develop from time to time, including, but not limited to
any shopping guidelines (collectively, “Policies”), which create legal and enforceable agreements
whether or not you purchase Items from us, whether or not you register for a user account (an
“Account”) with us, and whether or not you obtain, transmit, post, send, receive, link, email,
submit, upload, download, or otherwise communicate (“Transmit”): User Content, text, ratings,
reviews, images, video, audio, software, music, graphics, links, electronic messages, or any other
input or data (collectively, “Content”) using the Services to us or other Users.
If you do not agree to the practices described below in this Policy, do not browse our Website or
use our Services, as your continued use of our Services indicates that you are agreeing to the
collection, use, disclosure, management and storage of your Personal Data and other information
as described in this Policy.
B. Privacy Policy:
Please read this Policy as it includes important information regarding your Personal Data and other
information. Capitalized terms not defined in this Policy shall have the meanings given to such
terms in the Terms of Service. If you have any questions or concerns, please do not hesitate to
contact us via email at juliekoch@theinspiredmoto.com.
1. Information We Collect.
(a) Personal Data. Personal Data and other information are collected from you when you create an
Account with us or when you otherwise disclose Personal Data or other information to us or third
parties when using the Services. “Personal Data” means any information that may be used to
identify an individual. Personal Data does not include aggregate information. To use certain
aspects of our Services you may be asked to provide us the following information: name, telephone
number, email address, mailing address, payment information (if applicable), and related requested
information.
(b) Location Data. Third parties that we may engage may collect location information in relation
to a User’s Device and use of the Services (“Location Data”) with respect to you. If you use the
Services, then you are providing consent to collect Location Data such as the physical location of
your Device which will be used to provide you with certain features of the Services. This Location
Data is collected anonymously in a form that does not personally identify you. Location Data is
aggregated with data from Devices of other Users to enhance the quality of Content Users provide
to us and to enhance the quality of the Services we provide to you. We may also share your
Location data with third parties. Location Data is shared anonymously in a form that would not
personally identify you.
(c) Use Data. When you send or receive Content using our Services, we collect data about that
Content.
(d) Log Information. When you browse our Services, you do so anonymously, unless you have
previously created an Account with us. However, we may log your IP address to give us an idea
of which part of our Services you visit and how long you spend there. However, we do not link
your IP address to any Personal Data unless you have logged into our Services. Also, our Services
may use a standard technology called a ‘cookie’ to collect information about how you interact with
our Services. Please see Section 7 below for more information.
(e) Ad Data. The Website may use ‘Google AdSense’ to integrate advertisements on the Services.
Google AdSense uses ‘cookies’ and ‘web beacons’. If this Website uses ‘Google AdSense’, then
information about the use of this Website (including your IP address) and the delivery of
advertising formats generated by cookies and web beacons will be processed to a server of Google
in the United States and will be saved there. This information may be processed to contractual
partners of Google by Google. Google will not associate your IP address with any other Google
data. Through the use of this Website, you express your consent to the processing of data collected
by Google about you in the manner and for the purposes described in this Policy and in Google’s
partner data policy here: http://www.google.com/policies/privacy/partners/.
(f) Aggregate Data. Certain aspects of our Services are set up to collect and report aggregate
information. Aggregate information is data we collect about the use of the Services or about a
group or category of products, services or Users, from which individual identities or other Personal
Data has been removed. In other words, information about how you use the Services may be
collected and combined with information about how others use the Services. Aggregate data helps
us understand trends and User’s needs so that we can better consider new features or otherwise
tailor our Services. This Policy does not restrict what we can do with aggregate information.
(g) Analytics. We may use third party analytics tools to collect information about use of our
Services. Analytics tools collect information such as how often Users visit our Website, what pages
Users visit when Users visit our Website, and the other websites they accessed prior to accessing
our Website. We use the information we gather from analytics to improve our Services. Analytics
tools collect information such as the IP address assigned to you on the date you visit our Website,
but does not collect Personal Data. We do not combine the information collected through the use
of analytics with Personal Data. Although our analytics tools may plant a cookie on your web
browser to identify you as a unique User the next time you visit our Website, the cookie cannot be
used by anyone but our analytics tools. In the event that we use Google’s ‘Google Analytics’, then
Google’s ability to use and share information collected by ‘Google Analytics’ about your visits to
our Website is restricted by the Google Analytics Terms of Use here:
http://www.google.com/analytics/tos.html and the Google Privacy Policy here:
http://www.google.com/privacypolicy.html. You can prevent Google Analytics from using your
data by downloading the Google Analytics Opt-out Browser that is available from Google here:
https://tools.google.com/dlpage/gaoptout, but if you do so, certain features of our Services may
become unavailable. See Section 7 below for more information.
(h) Device Information. We or third parties we engage may collect data about the computer or
Device you use to access our Services, including the hardware model, operating system and
version, MAC address, unique device identifier (‘UDI’), phone number, and mobile carrier
information.
(i) Tracking Technologies. Third parties may collect information through technology, such as
cookies, flash cookies and web beacons, including when you visit our Services or Linked Sites.
Please see Section 7 below for further information regarding tracking technologies.
(j) From Third Parties. We acquire information from other trusted sources to update or supplement
the information you provided or we collected automatically. Local law may require that you
authorize the third party to share your information with us before we can acquire it.
2. How We Use It. We use your Personal Data to:
(a) enable us to provide the Services to you;
(b) notify you regarding Services or your Account;
(c) increase the usability of the Services;
(d) provide information about promotional offers;
(e) investigate objectionable use of the Services;
(f) respond to requests for assistance from our customer support team;
(g) analyze trends and use of our Services;
(h) analyze the Personal Data and other Content provided by Users; and
(i) carry on our business, as determined by us.
3. Who We Share It With.
We will share Personal Data with third parties when:
(a) When necessary, as determined by us in our sole discretion, to provide Services to you. This
includes for the uses listed in Section 2 above.
(b) When required by law or by court order.
(c) To protect our rights and property, to prevent fraudulent activity or other deceptive practices
of Users or third parties, or to prevent harm to others.
(d) If we are acquired by or merged with another company, or if our assets are sold to another
company. In all of these circumstances, you understand and agree that our Terms of Service and
this Policy will be assigned and delegated to the other company.
(e) To perform tasks for us or in connection with our business, as determined by us. We may use
third parties to help operate the Services and perform other aspects of the Services. You agree we
may share your Personal Data with our Affiliates and other third parties that provide services to us
in connection with our business (such as website or database hosting companies, address list
hosting companies, email service providers, analytics companies, distribution companies, and
other similar service providers that use such information on our behalf). Unless otherwise stated,
these third parties do not have any right to use the Personal Data we provide to them beyond what
is necessary for them to assist us, as determined by us.
4. Your Choices.
(a) Any information, Personal Data, or Content that you voluntarily disclose for Transmitting to
the Website may become available to other Users and/or the public. Once you have Transmitted
Content to the Website, you acknowledge and agree that any Content you Transmitted may be reshared
by Users and others and we have no control over any such re-sharing.
(b) The Services may allow you to use the Services or your Social Media Profiles to share Location
Data or other Content with Users, a Linked Site, or other third parties. If you use such functionality
of the Services, then you should use caution when determining to whom you want to make your
Location Data and/or Content available. If you choose to Transmit your Location Data and/or
Content on third party Social Media Profiles, then, depending on the privacy settings of your Social
Media Profiles, it is possible that persons in addition to those to whom you intended to view your
Location Data and/or Content could have access to such information. Accordingly, you should use
caution when sharing Location Data via and/or Content third party Social Media Profiles and you
should carefully review the privacy practices of such Social Media Profiles.
(c) Any Content that you Transmit to publically viewable areas of the Website may be searchable
by other Users and may be viewable to third parties. We make every effort to prevent undesired
disclosure of Content or Personal Data. However, we are not responsible for how others may use
Content or Personal Data that is disclosed by you to Users or third parties using our Services.
(d) If you remove information, Personal Data, or Content that you Transmit to the Services, copies
may remain viewable in cached and archived pages of the Services, or if other Users or third parties
copied or saved that information.
(e) You may opt out of targeted advertisements from some third party companies by visiting the
Network Advertising Initiative or Digital Advertising Alliance Consumer Choice Page, which
provide simple ways to opt out of ad targeting from participating third party companies. When you
opt out, your selection will be stored in a cookie that is specific to your Device or computer and
the web browser you are using. The opt out cookie has an expiration date of five years. If you
delete the cookies on your computer or Device, you will need to opt out again.
(f) We will contact you from time to time to provide you with information about Items, orders,
your Account, and other aspects of our Services. See Section 18 of our Terms of Services for more
information. Unless you have opted out, this could include contacting you by phone or email. You
may opt-out of receiving marketing communications from us by the following means: (i)
contacting us via email at juliekoch@theinspiredmoto.com; or (ii) following the instructions in the
communication.
5. Security of Your Personal Information. We endeavor to protect your data from loss, misuse,
unauthorized access or disclosure, alteration, or destruction. Personal Data is stored in passwordcontrolled
servers with limited access. However, you have a significant role in Account security.
Someone may see or edit your Personal Data if that person gains access to your user name and
password, so do not share these with others. WE TAKE THESE PRECAUTIONS IN AN EFFORT
TO PROTECT YOUR INFORMATION AGAINST SECURITY BREACHES. HOWEVER,
THIS IS NOT A GUARANTEE THAT SUCH INFORMATION MAY NOT BE ACCESSED,
DISCLOSED, ALTERED, OR DESTROYED BY BREACH OF SUCH FIREWALLS AND
SECURE SERVER SOFTWARE. BY USING THE WEBSITE, YOU ACKNOWLEDGE THAT
YOU UNDERSTAND AND AGREE TO ASSUME THESE RISKS.
6. Your Account. Users may review and update Personal Data by logging into their Account. If
your Account is terminated by you or us, we will remove your name and other Personal Data from
our publicly viewable database. If you close your Account, we have no obligation to retain your
information, and may delete any or all of your Account information without liability. However,
we may retain Content related to you for any reason we determine. We may also retain and use
your Content if necessary to provide Services to other Users. We disclaim any liability in relation
to the deletion or retention (subject to the terms of this Policy) of Content or any obligation not to
delete the Content.
7. Tracking Technology. We and other third parties with whom we may partner may use cookies,
clear .gifs (also known as ‘web beacons’), or local shared objects (sometimes called ‘flash
cookies’) to help personalize the Services. A cookie is a text file that is placed on your computer
or other device by a server. Cookies cannot be used to run programs or deliver viruses to your
computer or other device. Cookies are uniquely assigned to you, and can only be read by the server
that issued the cookie to you. A clear .gif is typically a transparent graphic image (usually 1 pixel
by 1 pixel in size) that is used in conjunction with the Services, which allows us or third parties
with whom we may partner to measure the actions of Users who interact with the portion of the
Services that contain the clear .gif. We and other third parties use clear .gifs to measure traffic and
related browsing behavior, and to improve your experience when using the Services. We and other
third parties may also use customized links or other similar technologies to track hyperlinks that
you click, and associate that information with your Personal Data in order to provide you with
more focused communications. You have the ability to accept or decline cookies and clear .gifs
may be unusable if you elect to reject cookies. Most web browsers automatically accept cookies,
but you can usually modify the settings to decline cookies if you prefer. If you choose to decline
cookies, you may not be able to fully experience the interactive features of the Services.
8. Compliance with the Children’s Online Privacy Protection Act. We recognize the need to
provide further privacy protections with respect to Personal Data we may collect from Children
who use our Services. For that reason, we make every effort to comply with the regulations of the
Children’s Online Privacy Protection Act of 1998 (15 U.S.C. § 6501 – 6506). We never collect or
maintain Personal Data through the Services from those we actually know are under thirteen years
of age, and no part of the Services are structured to attract anyone under thirteen years of age. We
expressly disclaim, and you expressly release us from, any and all liability whatsoever for any
controversies, claims, suits, injuries, harm, loss, penalties, damages, arising from and/or in any
way related to any misrepresentations regarding the age of any User.
9. Linked Sites. The Services and/or third parties may provide links to Linked Sites and data
provided by third parties. However, we are not responsible for the privacy practices employed by
Linked Sites, nor are we responsible for the information or materials that third party data contains.
This Policy applies solely to information collected by us through the Services; thus when you use
a link to go from the Services to a Linked Site, this Policy is no longer in effect. We encourage
Users to read the privacy policies of Linked Sites before proceeding to use them. When you
conduct e-commerce with a Linked Site, certain Personal Data may be collected by the Linked
Site and made available to us.
10. Changes to our Policy; Miscellaneous. We reserve the right to change this Policy, our Terms
of Service, and our other Polices at any time. We will notify you about changes to this Policy by
placing the updated Policy on the Services. You agree that your use of the Services after such
notification will constitute acceptance by you of such changes to our Policy. This Policy is
governed by the laws of New York State. This Policy is and any disputes in connection with this
Policy are subject to our Terms of Service and our other Policies which are each hereby
incorporated herein by reference. In the event of any conflict between the provisions of this Policy
and our Terms of Service, our Terms of Service shall control and the remaining provisions this
Policy shall be supplemental.
11. Questions or Comments Regarding this Policy. We value your comments and opinions. If
you have questions, comments or a complaint about compliance with this Policy, you may send a
written notice to us via contact via email at juliekoch@theinspiredmoto.com.