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TERMS OF SERVICE

Last Updated: June 25, 2015

Welcome to MotoGuides

This agreement sets forth the terms and conditions between MotoGuides (Advlo Inc.; "we," "us," or "our") and users who use “Our” services to purchase motorcycle tours ("Trips") and travel services (“You”) from individuals who provide adventure tours and travel related services ("Guides").

You must read the Agreement before using www.motoguides.com (the “Site”). Use of the Site constitutes an agreement to all terms and conditions in this Agreement and you warrant that you understand, agree to and accept all terms and conditions contained within this Agreement.

Terms of Service Modification

  • Continued use of our Services after the modification date constitutes your acceptance of the new Terms of Service
  • Through an email notification, by updating this page and the “Updated By” date or through other reasonable means, MotoGuides will notify you of any updates to the Terms of Service. Ten (10) days after they are posted, the changes will become effective; except changes addressing new functions of the Services or changes made for legal reasons will be effective immediately.

You will be subject to additional terms such as the Privacy Policy

ACCESS AND USE OF THE SERVICE

  • Description of “Services”
    • MotoGuides provides an online platform that allows customers and users (“Travelers”) to make purchases from various service providers ("Guides"). Even if an activity is branded as provided by MotoGuides, we use Guides to provide and operate such activity and Travelers are still subject to all terms in these Terms related to Guides. MotoGuides is not an agent of either Travelers or the Guides. You understand and agree that we are not responsible for the services you purchase from the Guides. The Guides, and not MotoGuides, provide those services and/or activities and are solely responsible for all issues, warranties, injuries, illnesses, damages, claims, liabilities and costs related to those purchases, services and/or activities. You authorize us to share with Guides the information regarding you and your purchases necessary to process your orders. You may not combine your membership or bookings with another person's booking to create one reservation. You may not sell, auction or transfer your reservations to a third party.
    • “Guides” can apply to lead Trips. Through the Services, Guides have the ability to create a profile (“Profile”) that provides information about the Guide’s business operation and Trip offerings, and, by doing so, make themselves available to Traveler “Requests” (Traveler-created forms or messages inquiring about a Guide’s services) at a particular destination (each such service, a “Trip”). Travelers may select Guides (or may Request that MotoGuides attempt to connect them to a Guides based on their specifications) to provide the Traveler with a Trip.
  • Platform Nature of the Services
    • MotoGuides is not an operator of tours, activities or adventures, nor is it a provider of tours or activities, and MotoGuides does not own, sell, resell, furnish, provide, manage and/or control any transportation or tour services.
    • MotoGuides' responsibilities are limitied to:
      • Facilitating the availability of the Services
      • Serving as the limited agent of each Guide for the purpose of accepting payments from Travelers on behalf of the Guide
    • You understand and agree that MotoGuides is not a party to any agreements entered into between Guides and Travelers, nor is MotoGuides an agent or insurer. The services are intended to be used to facilitate the connections between Guides and Travelers. MotoGuides cannot and does not control the content contained in any profiles and the condition, legality or suitability of any Trips. MotoGuides has no control over the conduct of Guides, Travelers and other users of the Services or any Trips, and disclaims all liability in this regard. Accordingly, the planning or partaking of any Trips are at the Guide's and/or Traveler’s own risk.

YOUR REGISTRATION OBLIGATIONS

  • In order to access and use certain features of the Service you may be required to register with MotoGuides. By registering for the Service, you agree to provide and maintain accurate and current information about yourself as prompted by the Service’s registration form.
    • The data associated with your account and registration (along with other information about you) are governed by our Privacy Policy.
    • If you are under the age of 13, you are not authorized to use Our Service, with or without registering with MotoGuides.
    • If you are under the age of 18, you are permitted to use the Services, with or without registering, only with the approval of your parent or legal guardian.

  • MEMBER ACCOUNT, PASSWORD AND SECURITY
    • As a User, you are responsible for the confidentiality of your account and password. Additionally, you’re responsible for all activities that occur under your account and password.
    • You agree to:
      • Contact MotoGuides immediately following any breach of security or any unauthorized use of your account or password.
      • Make sure to sign out of your account at the conclusion of each session when accessing the Service.
    • MotoGuides will not be liable for any loss or damage arising from your failure to comply with this Section

  • MODIFICATIONS TO SERVICE
    • MotoGuides reserves the right to revisions or discontinuations of the Services (or any part thereof), temporarily or permanently, with or without notice.
    • You agree that MotoGuides will not be liable to you or to any third party for any modification suspension or discontinuance of the Service.

  • GENERAL PRACTICES REGARDING USE AND STORAGE
    • MotoGuides reserves the right to establish general practices and limits concerning the uses of the Service, without limitation. Such limits include, but are not limited to: Maximum amount of time that data or other content will be retained on MotoGuides' servers and Maximum storage space that will be allotted to a user on Our behalf.
    • You agree that MotoGuides has no liability or responsibility for the deletion or failure to store any data or other content maintained or uploaded by the Service.
    • If an account is inactive for an extended period of time, MotoGuides reserves that right to terminate or take other appropriate action on the account.
    • You acknowledge that MotoGuides reserves the right to modify these general practices and limits at any time, in its sole discretion, with or without notice.
  • GUIDE OBLIGATIONS
    • As a Guide, you must create a Profile or approve the information We have added on your behalf that showcases your Trips and information (to demonstrate the types of Trips you can lead, your policies, equipment and information to help Travelers plan).
    • Profiles will be made publically available via the Services and all other “Users” (Travelers and Guides) will be able to access the information posted as well as contact you through the Site.
    • You agree that you are responsible for the information and content shown on your Profile and Trip pages. You also acknowledge that you are responsible for the acts and omissions of any individuals who are present during the Trip at your request or invitation, excluding the Traveler (and the individuals the Travelers invites to the Trip, if applicable).
    • You agree to comply with the MotoGuides Guide Guidelines, available at MotoGuides.com/partner
    • You acknowledge and agree that MotoGuides is not an insurer nor do We act as a contracting agent for Trips for you as a Guide.
    • In the event of a Traveler requesting your services for an Trip and participates in your Trip, MotoGuides is not a party and any agreement you enter into with such Traveler is between you and the Traveler.
    • Aside from the previous limitations, MotoGuides serves as your limited authorized agent:
      • For the purpose of accepting payments from Travelers on your behalf, and is responsible for transmitting such payments to you, subject to these Terms of Service
    • As a Guide, you are responsible for all other bookings, including without limitation: on-the-ground arrangements, rentals, restaurants, accommodations or similar bookings.
    • You represent and warrant that your Profile and your planning of and/or guidance on any Trip:
      • Will not breach any agreements you have entered into with any third parties (such as any agreements with or rules of employers or local tourism agencies)
      • Will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any such Trip, including, but not limited to, tourism, tour guide licensing laws, and other laws governing events and tours of public spaces and other venues and (b) not conflict with the rights of third parties.
    • Please note that MotoGuides assumes no responsibility for any Guide's or Traveler’s compliance with any applicable laws, rules and regulations.
    • MotoGuides reserves the right to terminate or disable access to any Profile for any reason, including Profiles that MotoGuides, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services, at any time and without any prior notice.
    • MotoGuides recommends that Guides and Travelers obtain appropriate insurance for their Trips.
    • MotoGuides recommends that you review any insurance policy that you may have for your Trip in great detail, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Travelers (and the individuals the Traveler invites to the Trip, if applicable) while participating in you Trip.
  • NO ENDORSEMENT
    • MotoGuides does not endorse any Trips.
    • MotoGuides does not attempt to confirm or not confirm, any user’s alleged identity.
    • As a User of Our Services, you are responsible for determining and confirming the identity and suitability of others who you contact via the Services.
    • MotoGuides is not, and will not be responsible for any damage or harm, which results from your interactions with other MotoGuides Users.
    • By using MotoGuides' Services, you agree that any liability or legal remedy that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular user or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from MotoGuides with respect to such actions or omissions.
    • Regarding any bookings you have made or Trip details, we encourage you to communicate directly with other users via the Services.
    • This limitation shall not apply to any claim by a Guide against MotoGuides regarding:
      • The remittance of payments received from a Traveler by MotoGuides on behalf of a Guide or
      • The failure of MotoGuides to book an MotoGuides Booking for which the Traveler provided accurate booking information, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
  • CONDITIONS OF USE
    • BOOKINGS AND FINANCIAL TERMS FOR GUIDES:
      • GUIDES: (Users who lead Trips) If a Traveler sends a requested time for your Trip via the Services, you are required to either accept or decline the request within 48 hours, as determined by MotoGuides in its sole discretion, or the booking request will be automatically cancelled.
      • If you are unable to confirm or decline a booking of an Trip within the specified time period, any amounts collected by MotoGuides will be refunded to the appropriate Traveler’s credit card and pre-authorization of such credit card will be released.
      • Future clause: If a Guide fails to accept or decline a request in three separate instances, their account will be deactivated.
      • You may be able to create an Trip that is pre-scheduled for specific times and dates, where the Traveler’s booking may be automatically confirmed (“Instant Bookings”). When a booking is requested via the Services, we may share with you the first and last name of the Traveler who has requested the booking and a link to the Traveler’s MotoGuides Profile Page.

FEE STRUCTURE

  • As a Customer, you agree to pay the amount posted by the Guide (Trip Cost) from whom you have chosen to purchase an Trip (in addition to a Service Fee).
  • As a Guide, posting a listing is free, but you agree to pay MotoGuides our then-current service commission for each purchase made by a Customer.
    • MotoGuides' Fees Policy, which is subject to change at our discretion. Changes to the Fees Policy and the fees for MotoGuides' Services are effective after MotoGuides provides you notice by posting the changes on the Site.
    • Each Customer will be solely responsible for any payments due to the Guide, and the Guide will be solely responsible for providing the Trip and additional Services to the Customer.
    • Under no circumstances will MotoGuides be liable to a Guide for payment for any Trips ordered by a Customer or liable to a Customer to provide any Trips.
  • TRAVELER FEE TERMS
    • If you purchase a Trip, you will be asked to provide your credit card information. Your card will not be charged the Total Booking Cost (Trip Cost plus the Service Fee) until the Guide confirms the booking request. If you book an “Instant Booking” time, you will be charged the “Total Booking Cost” automatically .
    • MotoGuides charges a fee to Travelers as a percentage of applicable Trip Costs, which is the “Service Fee”.
      • The Service Fee will be automatically added to the Trip Cost to make the “Total Booking Cost” upon checkout.
    • MotoGuides will collect the Total Booking Cost at the time of booking confirmation (i.e. when the Guide confirms the Trip Request or an Instant Booking is booked)
  • GUIDE FEE TERMS
    • In exchange for providing the Services, a Guide must opt-in to a Membership (either a Subscription or Commssion):
      • SUBSCRIPTION: A Guide pays the monthly subscription, which can be haulted at any time the Guide desires. Guides who pay a monthly subscription do not pay a Guide Fee for trips booked.
      • COMMISSION: When a Guide's Trip receives a booking and the Traveler’s credit card is charged, MotoGuides retains a portion of the TRIP COST (defined below) of each Trip (GUIDE FEE). The remaining amount will be sent to the Guide.
        • The dollar amount displayed in an Trip Page (Trip Cost) includes the Guide Payment (Trip Cost less the Guide Fee) and the Guide Fee.
        • Please note that it is the Guide and not MotoGuides who determines the Trip Cost.
    • MotoGuides will send the Guide the Guide Payment amount within 48 hours of the Trip's completion (except in the event where a is due refund).
    • Please note that MotoGuides will not be responsible for delays in payments, where times can vary based on the location, currency, bank, etc.

CANCELLATIONS AND CHANGES TO RESERVATIONS

  • Generally, we do not accept cancellations or changes to Trip reservations and purchases made on the Site. However, if you have any issues with your order, please contact our support team at support@motoguides.com and we will work to review and resolve the issue in the way we deem most appropriate, subject to our sole discretion. We may accept returns and/or issue refunds for certain services on a case-by-case basis. Certain purchases and reservations available on the Site may have other specific rules and restrictions regarding cancellation and changes, subject to the discretion of the Guide or us. You may be charged a cancellation or change fee and you agree to pay any such cancellation or change fee you incur.
  • CANCELATION DUE TO OUTSIDE FACTORS
    • Certain Trips may depend on factors outside the control of either parties, such as weather (“Outside Factors”). The Guide has the discretion as to whether Outside Factors will prevent the Trip from taking place. As a Guide, if you need to cancel an Trip due to Outside Factors, you are required to contact the Traveler and MotoGuides (support@motoguides.com) as early as possible. Subject to the Traveler’s consent, the Guide and the Traveler may choose to reschedule the Trip for another time or date. If the Trip cannot be rescheduled, the Traveler should contact MotoGuides so we may assist in finding a replacement Trip. To clarify, in the event the alternative Trip is of a higher price of the previous, you may be responsible for any difference in price. If the alternative Trip is of a lower price than the previous, you may be entitled to a partial refund for the difference. If you have contacted MotoGuides as a Traveler and MotoGuides is unable to find you a replacement Trip, MotoGuides may refund the Total Booking Fee for such booking to the applicable Traveler within a commercially reasonable time of the cancellation.

QUALITY STANDARDS

  • As a Trip, it is your responsibility to make certain that the Trip you post on the Site meet and maintain the minimum quality standards in terms of the descriptions on the site, health and safety standards, as well as prevent any Travel Problems. Throughout the Trip, Guides should be available in order to attempt to remedy, in good faith, or resolve Travel Problems.

GENERAL PROVISIONS

  • TRAVEL INSURANCE
    • We recommend that you obtain independent travel and other insurance to adequately cover you for medical expenses, accidents, property loss, and curtailment or cancellation of your Trip. Such insurance is not included with your purchase on the Site.
  • LIMITATION OF LIABILITY
    • IN NO EVENT WILL MOTOGUIDES AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS MOTOGUIDES POLICY TERMS, EXCEED THE AMOUNT OF THE TOTAL BOOKING FEES COLLECTED BY MOTOGUIDES FROM THE TRAVELER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT, BY POSTING A LISTING OR BOOKING A TRIP OR OTHERWISE USING THE SITE, SERVICES AS A GUIDE OR TRAVELER, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE POLICY TERMS.

TAXES

  • You understand and agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. MotoGuides cannot and does not offer tax-related advice to any users of the Services. Additionally, please note that each Guide is responsible for determining local indirect taxes including any applicable taxes to be collected or obligations relating to applicable taxes.

USER CONDUCT

  • You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“Content”) that you upload, post, publish, display, email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by MotoGuides. MotoGuides reserves the right to investigate and take appropriate legal action against anyone who, in MotoGuides' sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
    • Email or otherwise upload any content that (a) infringes any intellectual property or other proprietary rights of any party; (b) you do not have a right to upload under any law or under contractual or fiduciary relationships; (c) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (d) poses or creates a privacy or security risk to any person; (e) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (f) is unlawful, harmful, threatening, abusive, harassing, tortuous, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (g) in the sole judgment of MotoGuides, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose MotoGuides or its users to any harm or liability of any type.
    • Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
    • Violate any applicable local, state, national or international law, or any regulations having the force of law;
    • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
    • Solicit personal information from anyone under the age of 18;
    • Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
    • Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
    • Further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
    • Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service;
    • Offer, as a Guide, any Trip that you do not yourself have permission to provide (without limiting the foregoing, you will not list Trips as a Guide if you are serving in the capacity of an agent for a third party);
    • Offer, as a Guide, any Trip that may not be provided pursuant to the terms and conditions of an agreement with a third party;
    • Contact a Guide for any purpose other than asking a question related to a booking, such Guide's Trips or Profiles;
    • Contact a Traveler for any purpose other than asking a question related to a booking or such Traveler’s use of the Services;
    • When acting as a Traveler or otherwise, recruit or otherwise solicit any Guide or other user of the Services to join third party services or websites that are competitive to MotoGuides, without MotoGuides' prior written approval;
    • Use the Services to find a Guide or Traveler and then complete a booking of an Trip transaction independent of the Services, whether or not you do so in order to circumvent the obligation to pay any Service Fees related to MotoGuides' provision of the Services; or
    • As a Guide, submit any Profile or Trip with a false or misleading price information.

SPECIAL NOTICE FOR INTERNATIONAL USE

  • Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

COMMERCIAL USE

  • Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.

INTELLECTUAL PROPERTY RIGHTS

  • SERVICE CONTENT, SOFTWARE AND TRADEMARKS:
    • You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by MotoGuides, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of MotoGuides, our affiliates and our partners (the “Software”). You agree not to cop, modify, create derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by MotoGuides.
    • The MotoGuides name and logos are trademarks and service marks of MotoGuides (collectively the "MotoGuides Trademarks”). Other MotoGuides, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to MotoGuides. Nothing in the Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of MotoGuides Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of MotoGuides Trademarks will inure to our exclusive benefit.
  • THIRD PARTY MATERIAL
    • Under no circumstances will MotoGuides be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that MotoGuides does not have a duty to pre-screen content, but that MotoGuides and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, MotoGuides and its designees will have the right to remove any content that violates these Terms of Service or is deemed by MotoGuides, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
  • USE CONTENT TRANSMITTED THROUGH THE SERVICE
    • With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyright and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant MotoGuides and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
    • You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to MotoGuides are non-confidential and MotoGuides will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
    • You acknowledge and agree that MotoGuides may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of MotoGuides, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  • THIRD PARTY WEBSITES
    • The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. MotoGuides has no control over such sites and resources and MotoGuides is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that MotoGuides will not be responsible for liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, event, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that MotoGuides is not liable for any loss or claim that you may have against any such third party.
  • SOCIAL NETWORKING SERVICES
    • You may enable or log in to the Service via various online third party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your experience with our site more efficient and personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and MotoGuides' use, storage and disclosure of information related to you and your use of such services within MotoGuides (including your friend lists and the like), please see our Privacy Policy. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and MotoGuides shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.
    • In addition, MotoGuides is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, MotoGuides is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. MotoGuides enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
  • INDEMNITY AND RELEASE
    • You agree to release, indemnify and hold MotoGuides and its affiliates and their officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, you connection to the Service, your violation of these Terms of Service or your violation of any rights of another.

DISCLAIMER OF WARRANTIES

  • YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MOTOGUIDES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
  • MOTOGUIDES MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

LIMITATION OF LIABILITY

  • YOU EXPRESSLY UNDERSTAND AND AGREE THAT MOTOGUIDES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MOTOGUIDES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL MOTOGUIDES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID MOTOGUIDES IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
  • SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

ARBITRATION

  • At MotoGuides' or your election, all disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before JAMS, or its successor. Unless otherwise agreed by the parties, arbitration will be held in Denver, Colorado before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in the Terms of Service. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms of Service, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.

TERMINATION

  • You agree that MotoGuides, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if MotoGuides believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. MotoGuides may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that MotoGuides may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that MotoGuides will not be liable to you or any third party for any termination of your access to the Service.

USER DISPUTES

  • You agree that you are solely responsible for your interactions with any other user in connection with the Service and MotoGuides will have no liability or responsibility with respect thereto. MotoGuides reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

GENERAL

  • These Terms of Service constitute the entire agreement between you and MotoGuides and govern your use of the Service, superseding any prior agreements between you and MotoGuides with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of Colorado without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and MotoGuides agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Denver County, Colorado. The failure of MotoGuides to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of MotoGuides, but MotoGuides may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

YOUR PRIVACY

  • At MotoGuides, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

QUESTIONS? CONCERNS? SUGGESTIONS?

  • Please reach out to us at support@motoguides.com to report any violations of these Terms of Service or to ask any questions regarding these Terms of Service.

PRIVACY POLICY

Last Updated: June 25, 2014

Advlo Inc. (“MotoGuides, “we” or “us”) provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure or personal information we receive from users of www.motoguides.com (the “Site”) or through the Service. This Privacy Policy applies only to information that you provide to us through the Service. We reserve the right to update or modify this Privacy Policy. We may update this Privacy Policy to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your MotoGuides Account) or by means of a notice via the Service prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices. Unless otherwise defined in the Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms of Service (at www.motoguides.com).

As used in this policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.

INTERNATIONAL TRANSFER

Your information may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, MotoGuides transfers personal information to the United States and processes it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

INFORMATION COLLECTION AND USE

Our primary goals in collecting information are to provide and improve our Site, services, features and content (collectively, the “Service”), to administer your use of the Service and to enable users to enjoy and easily navigate the Service.

PERSONALLY IDENTIFIABLE INFORMATION

When your register with MotoGuides through the Service and become a User and when you choose to become a Guide, post a Trip or book a Trip we will ask you for personally identifiable information. This refers to information about you that can be used to contract or identify you (“Identity Information”). Identity Information includes, but is not limited to, your e-mail address, name, home postal address, bank information, but does not include your credit card number or billing information. In order to process some of your transactions through the Service, we may also ask for your credit card number and other billing information (“Billing Information”). Billing Information and Identity Information together will be referred to as “Personal Information”. If the address associated with a Trip listing you post matches that of your credit card billing address, that address would be consider Identity Information. Some Personal Information may be required, like your name and email address, and other Personal Information may be optional, however, Guides must either provide their bank account information or PayPal email address in order to receive payments from MotoGuides. We use your Personal Information to provide the Service and administer your inquiries.

We collect Personal Information in connection with your registration to join the Service. You can register to join via the Service by completing the required forms.

You may also be permitted to register to join by logging into the online accounts you may have with third party service providers (“Social Networking Services”); each such account, a “Third Party Account”, via the Service as described below. As part of the functionality of the Service, you may link your MotoGuides Account with Third Party Accounts, by either (a) providing your Third Party Account login information to MotoGuides through the Service; or (b) allowing MotoGuides to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to MotoGuides and/or grant MotoGuides access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Parry Account and without obligating MotoGuides to pay any fees or making MotoGuides subject to any usage limitation imposed by the applicable Social Networking Services. If you decide to register by logging into a Third Party Account via the Service, we will obtain the Personal Information you have provided to the applicable Social Networking Service (such as your “name”, email address, profile picture, names of Social Networking Service friends, other information you made publicly available via the applicable Social Networking Service and/or other information you authorize MotoGuides to access by authorizing the Social Networking Service to provide such information) from your Third Party Accounts and use that information to create your MotoGuides Account and MotoGuides Profile Page. Depending on the Third Party Accounts you choose and subject to the privacy setting that you have set in such Third Party Accounts, you understand that by granting us access to the Third Party Accounts, we will access, make available and store (if applicable and as permitted by the Social Networking Service and authorized by you) the information in your Third Party Accounts so that it is available on and through your MotoGuides Account on the Service. If there is information about your “friends” or people with whom you are associated in your Third Party Account, the information we obtain about those “friends” or people with whom you are associated, may also depend on the privacy settings such people have with the applicable Social Networking Service.

We may also collect the other information that you provide as part of registration and the administration and personalization of your MotoGuides Account profile (ex: without limitation, zip code, and individual preferences or demographic information) (“Non-Identifying Information”).

We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Service, complete your transactions, and administer your inquiries.

Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other Non-Identifying Information (for example, your demographic information). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other MotoGuides Users (defined below) to attempt to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how the Service is used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.

We also use your Personal Information to contact you with MotoGuides updates, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instruction provided in any of the communications or contact us as detailed in the “Changing or Deleting Information” section, below. Please note that we may also use your Personal Information to contact you with information related to your use of the Service; you may not opt out of these notifications.

LOG DATA

When you visit the Service, whether as a Member or a non-registered users just browsing (any of these, a MotoGuides User”), our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type or the webpages you were visiting before you came to the Services, pages of the Service that you visit, the time spent on those pages, information you search for on the Service, access times and dates, and other statistics. We use this information to monitor and analyze use of the Service and for the Service’s technical administration, to increase the Service’s functionality and user-friendliness, and to better tailor the Service to our visitors’ and users’ needs. We also use this information to verify that visitors to and users of the Service meet the criteria required to process their requests. We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information. Cookies, like many websites, we use “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. Our cookies help provide additional functionality to the Services and help us analyze Services usage more accurately. For instance, our Services may set a cookie on your browser that allows you to access the Services without needing to remember and then enter a password more than once during a visit to the Services. In all cases in which we use cookies, we will not collect Personal Data except with your permission. Third party advertisers on the Service may also place or read cookies on your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portion of the Service or all functionality of the Service.

WEB BEACONS

Our Site and Application may contain electronic images known as Web beacons (sometimes called single-pixel gifs), which would be used along with cookies to compile aggregated statistics to analyze how the Service is used and may be used in some of our emails to let us know which emails and links have been opened by recipients. This would allow us to gauge the effectiveness of our customer communication and marketing campaigns.

SENDING MESSAGES VIA A MOTOGUIDES ACCOUNT

As part of the Service, MotoGuides Users may communicate with MotoGuides Users through the Service. Where MotoGuides Users have selected the option of adding an email address to an online form, the message they create in the corresponding template may be sent from MotoGuides to those email addresses on their behalf. If so, such email addresses will be used only for the purpose of sending the email communication to the addressee.

PHISHING

Identity theft and the practice currently known as “Phishing” are of great concern to MotoGuides. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your MotoGuides Account ID, login password, or bank account information in a non-secure or unsolicited e-mail or telephone communication.

INFORMATION SHARING AND DISCLOSURE

OVERVIEW

The Service can be used to facilitate the listing and bookings of Trips. Listing for such Trips are made available via the Services by Guides. Listings posted by Guides, ratings and reviews of Guides, and the Profile Information (as defined below) of Guides, are visible to any MotoGuides User.

MOTOGUIDES USERS

When you create a MotoGuides Guide Account, we will set up a MotoGuides Account profile page for you. Your MotoGuides Account profile page will include your name. You can select the other items of Personal Information that you wish to be included in your MotoGuides Account profile page – including, but not limited to, a profile picture, destinations, business information and links to external websites and pictures & videos. If you’re a Guide, we will display your Profile Information in your MotoGuides Account profile page publicly via the Service, and, with your prior permission, on Third Party Sites. As a Guide, any information you choose to provide as part of your Profile Information will be publicly visible to all MotoGuides Users and consequently should reflect how much you want other MotoGuides Users to know about you. We recommend that you guard your anonymity and sensitive information and we encourage users to think carefully about what information about themselves they disclose in their profile pages. You can review and make changes to your Profile Information at any time.

TRIP LISTINGS

If you post a Trip Listing, we may publish that Trip publicly via the Service. We may also display the geographical location of your Trip in the form of a map so that potential Travelers can see the general area and neighborhood of your Trip, but the actual street address will not be disclosed (unless the street address was uploaded by the users themselves). If you request to make a booking via the Service, MotoGuides may share the following information about you with the applicable Guide: your business name or the Guide's personal name (first name and last initial) and e-mail address. All of this information, along with the requested date, time and optional message, will enable the Guide to decide whether to accept or decline the Traveler’s requested booking. When a Guide confirms or accepts a booking we may share pieces of the Guide's Identity Information, including, but not limited to, name, the Trip's (or business) address, and e-mail address, with the applicable Traveler selected by the Guide and we may share pieces of the Traveler’s Identity Information with the Guide, including, but not limited to, name and e-mail address, so that the Traveler and Guide may contact one another directly. In no event is a Traveler’s Billing Information shared with a Guide or any other MotoGuides User.

AGGREGATE INFORMATION AND NON-IDENTIFYING INFORMATION

We may share aggregated information that does not identify you personally and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not identify you personally.

SERVICE PROVIDERS

We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Site-related services (ex: without limitation, maintenance services, database management, web analytics, fraud detection) or to assist us in analyzing how our Service is used. These third parties may have access to your Personal Information; if they do, this access is only so that they may perform these tasks on our behalf and they are obligated not to disclose or use it for any other purpose. You can, at any time, opt out of receiving such communications.

COMPLIANCE WITH LAWS AND LAW ENFORCEMENT; GUARANTEE PROGRAM

MotoGuides cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including, but not limited to subpoenas), to protect the property and rights of MotoGuides or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.

We will disclose any information about you to government or law enforcement officials and to our insurance services providers as we, in our sole discretion, believe necessary or appropriate to protect the property and rights of MotoGuides or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.

BUSINESS TRANSFERS

MotoGuides may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

CHANGING OR DELETING YOUR INFORMATION

All Users may review, update, correct or delete the Personal Information in their registration profile by contacting us at support@motoguides.com or editing the relevant part of their profile. If you would like us to cancel your MotoGuides Account, please contact us and we will attempt to accommodate your request if we do not have any legal obligation or a legitimate business reason to retain the information contained in your MotoGuides Account. Please note that, if you cancel your MotoGuides Account, any reviews you have posted via the Service will remain publicly viewable via the Servive. Please see below for privacy contact information.

SECURITY

MotoGuides takes reasonable steps to protect the Personal Information provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error-free. In particular, email sent to or from the Services may not be secure. Therefore, you should take special care in deciding what information you send to us via email. Please keep this in mind when disclosing any Personal Information to MotoGuides via the Internet.

LINKS TO OTHER WEBSITES

Our Site may contain links to other websites. If you choose to click a third party link, you will be directed to that third party’s website. The fact that we link to a website or present another type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other websites follow different rules regarding the use or disclosure of the personal information you submitted to them. We encourage you to read the privacy policies or statements of the other websites your visit.

POLICY TOWARD MINORS

The Service is not directed to individuals under 18. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.

CONTACTING US

If you have any questions, concerns or suggestions regarding this Privacy Policy, pleace contact us at support@motoguides.com