Last updated: April 4, 2024
MotorU, LLC (“we,” “us” or “our”) recognizes that your privacy is very important, and we take it seriously. Our Privacy Policy (the “Privacy Policy”) explains how we collect, use, and disclose information about you. The terms “we,” “us,” and “our” include us and our affiliates and subsidiaries. We use the terms “you” and “your” to mean any person using our “Platform,” which means this website (www.motorullc.com), as well as any other websites, applications (including mobile apps), and products or services we offer (including Courses as defined in the End User Terms of Use and License), or any communications with us.
This Privacy Policy applies to the processing of information about you that we collect when you use our Platform. This Privacy Policy does not apply to the information that you may provide to third parties or others with whom you may share information about yourself.
By accessing or using our Platform in any way, such as browsing or interacting with it, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions set forth in this Privacy Policy and the End User Terms of Use & License. Your acknowledgement includes your consent and agreement to the manner of collection and use of information, including the use of personal information (described below). If you do not agree with this Privacy Policy and the End User Terms of Use & License, you may not use this Platform. For California residents, additional rights and disclosures required by California law may be found in the CCPA Privacy Notice for California Residents.
What information do we collect about you?
Information you give to us
We are unable to provide you with certain products and services if you do not provide certain information to us. Therefore, in order to process your requests and orders, it may be necessary to collect personal data from you, including but not limited to: your name, address, e-mail address, date of birth, telephone number, and/or credit/debit card information. We may also collect additional (non-mandatory) pieces of information you may be asked to provide, or which you may choose to provide by posting on a forum, filling out a web form, or communicating with us, such as your interests, preferences, age, gender, feedback, and survey responses so that we can better understand our customers. We also obtain information about you where we have the appropriate permissions to do so or as otherwise authorized by applicable law.
Information we collect automatically when you use our sites or services
We may collect information about your interaction with our sites and services from the devices you use, such as your unique device ID, device type, and advertising ID. We may also collect information about your visits and activity on our Platform, including the content and any advertisements that you view and interact with, the address of the site from which you arrived, and other technical data about your equipment, browsing actions, and patterns (such as the pages you view, the links you click, the items you add to your cart, the length of your internet session, your IP address, and approximate location at the time of browsing). This information is collected using cookies or similar technologies as described in Section 10 Cookies, Pixels, and Tracking.
Information collected from other sources
We may combine your information with information we collect from third parties or public sources, including analytics providers, advertising networks, and publicly available sources.
Social media
Certain sites in our Platform may offer services that require you to set up an account prior to receiving such services or that allow you to share your completion of Courses directly on certain social media accounts, including LinkedIn. To create a secure account, you can use your email address and a password, or if the site offers a LinkedIn single-sign-on service, you will be able to register for and log-in to your account using your LinkedIn account. If you choose to use the LinkedIn single-sign-on service or share your Course completion on LinkedIn through the link on our Platform, you are granting permission to LinkedIn to share certain profile information with us. This will include your name, profile picture, list of connections, and any other information notified to you by LinkedIn prior to you completing the single-sign-on authorization process. You control what social media information you allow us to have access to using the privacy settings on the applicable social media platform and any permissions you give as part of the single-sign-on authorization process.
Children’s data
Our Platform is not intended for children under the age of 13. If you are under 13, please do not provide any information to us, and instead, ask your parent or guardian to do this on your behalf. You must be at least 18 years of age to purchase products or services from us. If you are under the age of 18, you must ensure that your parent or guardian purchases the products or services on your behalf.
How will we use the information about you?
We may use your information for the following purposes:
Personalization and Advertising
We want the ads and content displayed on our Platform to be relevant to you. Personalizing and targeting advertising, content, services, and communications allows us to provide you with much of our sought-after online content for free.
We will use your information to provide you with personalized content, services, and communications as well as targeted advertising on our Platform, sites operated by our group companies, and selected partner sites. We do this by matching, combining, or linking the different sources of information we hold about you (e.g., linking your contact or subscriber information with your activity across our Platform or by linking your activity on our Platform across all your devices using your email or social media log-in details) or by creating segments based on various factors such as your age and gender, your device details, or your inferred interests. We work with data management platform providers to assist with this process.
We also use your information for retargeting (for example, you could see an advertisement on a partner site such as Facebook for a product that you have recently viewed on our sites). These activities may involve the use of cookies and other similar technologies as described in Section 10 Cookies, Pixels, and Tracking.
Marketing
Where we have the appropriate permissions or as otherwise authorized by applicable law, we will use your information to market and advertise our products and services and occasionally third-party products and services that could be of interest to you including third-party offers, advertisements, competitions, or commercial communications by telephone (mobile and landline when available), post, electronic messaging (including SMS and MMS), email, online, or via applications. You could be contacted directly by our third-party service providers for these purposes.
You can always tell us that you wish to stop receiving direct marketing communications from us. But remember, if you do not want us to get in touch, you will miss out on offers.
If you would prefer not to receive direct marketing communications, simply let us know at any time by writing to info@motorullc.com, or by following the opt-out instructions in the relevant communication. Please note that this will not stop you from receiving service messages from us.
What is our legal basis for processing your data?
We rely on one or more of the following legal bases when processing your data:
Fulfilling a contract with you and providing you with our services, or to comply with a legal obligation, including to: register you as a new customer or create an account on our Platform in order to access one of our products and services; process and deliver your order; manage payments, fees, and charges; collect and recover money owed to us; contact you about your account, subscription, or other order; provide you with customer service (such as responding to questions, concerns and feedback and contacting you via email, telephone, SMS/text, post, direct message, or other similar communication method for this purpose); send you service-related communications; provide you with services you have requested from us when we collected the information from you; enable you to participate in sweepstakes, contests, product trials, events, awards, surveys, polls, and quizzes and provide you with any prizes, products, or awards as applicable; notify you of material changes to our terms or this Privacy Policy; administer and protect our business and our sites such as troubleshooting, testing, system maintenance, support, reporting, and hosting data necessary to ensure network and system security and prevent detect, mitigate, and investigate fraud, security breaches and other prohibited or illegal activities; verify your identity; maintain records for accreditation purposes in compliance with third-party standards.
Our legitimate interests (to run an effective and successful business), or the legitimate interests of a third party, where not outweighed by your interests, including to: measure the performance of our marketing campaigns (for example, analyzing open and click rates); provide you with marketing via post, telephone, social media and other digital channels (including Facebook Custom Audiences and Google Custom Match); provide you with marketing via email where you have purchased goods or services from us; ask you to leave a review or take a survey; administer and protect our business and our sites such as troubleshooting, testing, system maintenance, support, reporting and hosting data; use data analytics to provide insight and analysis of our customers for ourselves and our business partners; make suggestions and recommendations to you about goods and services that could be of interest to you; select and deliver advertising and content to you, and measure the delivery and effectiveness of such advertising and content; personalize content, services, and communications and target advertising; to aggregate and anonymize your data, so that we can use it to enable us to sell advertising and monitor the efficacy of our business partnerships. The legitimate interests we rely on for this processing are: to keep our records updated; to study how customers use our products and services; to improve the customer experience; to develop our products and services; to develop and grow our business; to run our business; to provide administration and IT services; for network security and fraud prevention; in the context of a business reorganization or a group restricting exercise; to inform our marketing and content strategy; to keep our sites and content updated and relevant; to ensure compliance with third-party accreditation standards related to continuing professional education.
Your consent, including to: provide you with marketing via email, SMS/text, post and telephone, including from our third-party service providers, from which you can withdraw your consent at any time as explained in the Marketing section above.
What will we disclose and share with third parties?
We share your personal data with our third-party service providers for the purposes outlined in this Privacy Policy, such as to enable them to process a request, order, or service; to supply you with a prize in the event you win a competition; or in order to obtain information. We may use a number of IT service providers, including but not limited to IT warehouses, processors, credit-granting organizations for continuing education, data-storage, marketing contractors, and agents, inside and outside the European Union to store data and customer management information, provide disaster recovery services and related IT services that we need to conduct our business, and perform any contract we enter into with you. Any third parties we contract with to process your data on our behalf are subject to contractual obligations to protect the security of your data in accordance with the terms of this Privacy Policy.
We may share your information with advertisers, ad servers, ad networks, and content recommendation services to select and deliver advertising and content, and to target and personalize advertising and content both on our sites and on selected partner sites. This will not include any information which directly identifies you in the real world, such as your name, e-mail address, address, or phone number. However, by interacting with or viewing an advertisement or content, you should be aware that the third party could make the assumption that you meet the targeting criteria used to display the advertisement or content. We also share your information with analytics and search engine providers to assist us in the improvement and optimization of our sites. We may merge with or be acquired by another business. If this happens, we share the information that relates to you with that other business. You will be sent notice of such an event.
We reserve the right to disclose your personal data in order to comply with the law, applicable regulations, and government requests. We also reserve the right to use such information in order to protect our operating systems and integrity as well as other users.
We further reserve the right to disclose your personal information and data to NASBA and its affiliates in order to evaluate compliance with certain continuing professional education standards.
How do we protect your information?
Once we have received your data, we will take steps to ensure that it is treated in accordance with any applicable laws. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk.
Other websites
Please note that clicking on links and advertisements on our sites could result in you being transferred to another website, where data privacy practices vary from ours. If transferred to another website, you should consult that website’s privacy policy as we are not responsible for, and have no control over, information that is submitted to or collected by these third parties.
How long do we keep your information?
We are required by law to keep certain information about our customers (such as financial and transaction-related data) for up to seven (7) years after they cease being customers for tax purposes. We may adjust this retention period to comply with changes in the law.
Based on our relationship with NASBA, we are required to maintain records of your data and information related to the continuing professional education courses on our Platform in which you choose to participate for a period of five (5) years so that NASBA can request and be provided such information for accreditation purposes.
Our data retention periods vary depending on the context of the services that we provide to you and our legal obligations. To determine the appropriate period for which we keep your data, we consider the amount, nature, and sensitivity of your data, the potential risk or harm from unauthorized use or disclosure of your personal data, the purposes for which we process that data (and whether we can achieve those purposes through other means), and applicable legal requirements.
International Transfers of Data and Information
If you choose to provide us with personally identifiable information, it may be stored in the United States and in other jurisdictions. If you are visiting our Platform from the European Union or other regions with laws governing data collection and use, please note that your personally identifiable information may be transferred to the United States and to other jurisdictions, which may not have the same data protection laws as the European Union and may not afford many of the rights conferred upon data subjects in the European Union. You acknowledge that you understand: (i) your personally identifiable information may be used for the uses identified above in accordance with this Privacy Policy; and (ii) your personally identifiable information may be transferred to the United States or other jurisdictions as indicated above.
Our Security Policy
Our Platform is hosted in the USA, and we conduct all of our business from our office located in the USA. Accordingly, the information which you provide to us may be transferred to countries outside the European Union. By submitting your personal data, you’re agreeing to the transfer, storing, and processing of your data outside of the European Union. Your data may be transferred to countries that do not have the same data protection laws as the country from which you initially provided the information.
We have taken steps to build our Platform using sophisticated encryption and authentication tools to protect the security of your personal data. When we collect your personal data through our Platform, we will encrypt your personal data before it travels over the Internet using industry standards for conducting secure online transactions. We also use industry standard technologies, such as secure routers and fire walls, to make sure that your personal information is safe. Unfortunately, we cannot fully guarantee secure data transmission over the Internet because of its nature.
Once we receive your personal data, we have industry standard security measures in place to protect against the loss or misuse of your personal data, though again, we cannot fully guarantee against such loss or misuse. We strongly urge you to protect any password you may have for our Platform and not share it with anyone. You should always log out of our Platform when you are done using it, especially if you are sharing a computer with someone else or are using a computer in a public place.
We may also use certain third-party services and platforms, including but not limited to TalentLMS, for management of personal data and information related to the Courses. You agree that you will abide by any such third-party platform terms of use and privacy policies and that we are not responsible for the security or privacy of any personal data or information used or collected by such third-party platforms.
Your Rights
You have certain rights in relation to the personal data we hold about you, which we detail below. Certain rights only apply in specific circumstances. We have also described how you may exercise those rights. When you exercise your rights, we need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We will also contact you to ask you for further information related to your request to speed up our response.
You have the right to:
If you wish to exercise any of the rights set out above, please contact us using the details provided in the Section 14 How to contact us below.
Cookies, Pixels, and Tracking
Like many other websites, we and our third-party service providers use cookies, clear GIFs/pixel tags, JavaScript, local storage, log files, and other mechanisms to automatically collect and record information about your usage and browsing activities on the Platform and across third party sites or online services. A cookie is a small piece of data stored on your computer or mobile device by your web browser. We use cookies to identify the areas of our Platform that you have visited. We also use cookies to enhance your online experience by eliminating the need to access or log in multiple times for specific content. Finally, we may use cookies to personalize the content that you see on our Platform or to customize marketing and other information we provide to you. We may combine this information with other information we collect about users.
Most web browsers can be set to disable the use of cookies, and our Platform contains buttons that allow you to opt-in and opt-out to various types of communications from us. However, if you disable or do not opt-in to our use of cookies, you may not be able to access features on our Platform correctly or at all.
Dispute Resolution
By using the Platform, you and MotorU, LLC agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Platform, or the breach, enforcement, interpretation, or validity of this Privacy Policy or any part thereof (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent to: MotorU, LLC, 855 Lamonte Lane, Houston, Texas 77018.
Both you and MotorU, LLC agree that this Dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party.
IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted to the American Arbitration Association (www.adr.org) (or to the alternative dispute resolution we select, in our sole discretion) for binding arbitration under its rules then in effect in the State of Texas before one arbitrator to be mutually agreed upon by both parties.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Privacy Policy, including any claim that all or any part of this Privacy Policy is void or voidable.
Choice of Law and Forum
You agree that the laws of the State of Texas govern this Privacy Policy and any claim or dispute that you may have against us, without regard to any conflict of laws rules. The parties acknowledge that this Privacy Policy evidences a transaction involving interstate commerce. Notwithstanding the foregoing with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Privacy Policy shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). You further agree that any disputes or claims not subject to the arbitration provision discussed above shall be resolved by a court located in Harris County, Texas, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. PLEASE NOTE THAT BY AGREEING TO THIS PRIVACY POLICY, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN HARRIS COUNTY, TEXAS FOR ANY DISPUTES OR CLAIMS BROUGHT UNDER THIS PROVISION; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN HARRIS COUNTY, TEXAS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
Changes to our Privacy Policy
We keep this Privacy Policy under review and will update it to reflect changes in our privacy practices. Any updates will be made on this page so that you can always find out what information we collect, how we use it, and under what circumstances we will disclose it.
How to contact us
If you have any questions or comments relating to this Privacy Policy, please contact us by writing to us at: info@motorullc.com.
CCPA PRIVACY NOTICE FOR CALIFORNIA RESIDENTS
This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the information contained in the Privacy Policy and applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this notice.
Information We Collect
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:
| Category | Examples | Collected |
|---|---|---|
| A. Identifiers. | A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers. | YES |
| B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). | A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. | YES |
| C. Protected classification characteristics under California or federal law. | Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). | NO |
| D. Commercial information. | Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. | NO |
| E. Biometric information. | Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. | NO |
| F. Internet or other similar network activity. | Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. | YES |
| G. Geolocation data. | Physical location or movements. | NO |
| H. Sensory data. | Audio, electronic, visual, thermal, olfactory, or similar information. | NO |
| I. Professional or employment-related information. | Current or past job history or performance evaluations. | NO |
| J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). | Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. | NO |
| K. Inferences drawn from other personal information. | Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. | NO |
Personal information does not include:
We obtain the categories of personal information listed in the table above from the following categories of sources:
Use of Personal Information
We may use or disclose the personal information we collect for one or more of the following business purposes:
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:
Category A: Identifiers.
Category B: California Customer Records personal information categories.
Category F: Internet or other similar network activity information.
We disclose your personal information for a business purpose to the following categories of third parties:
In the preceding twelve (12) months, we have not sold any personal information.
Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past twelve (12) months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Do Not Sell My Personal Information
The CCPA requires businesses to provide a web page where consumers can opt out of the ''sale" of their Personal Information.
Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
Changes to Our Privacy Notice
We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will notify you by email or through a notice on our Platform homepage. Your continued use of our Platform and/or services following the posting of changes constitutes your acceptance of such changes.
Contact Information
If you have any questions or comments about this notice, our privacy statement, the ways in which we collect and use your personal information, or your choices and rights regarding such use, or if wish to exercise your rights under California law, please do not hesitate to contact us at:
Phone: 713-446-5959
Website: www.motorullc.com
Email: support@motorullc.com
Postal Address: MotorU, LLC, 855 Lamonte Lane, Houston, Texas 77018
Attn: CA Privacy Policy Concerns
Last Updated: April 11, 2024
This End User Terms of Use & License (“Agreement”) is a binding agreement between you (“Licensee”, “user”, or “you”) and MotorU, LLC (“Company,” “we,” “us,” “ours”). This Agreement governs your use of Company’s website/platform (www.motorullc.com), all related mobile and web applications, and the services and products, including Courses (defined below) and webinars, available through the platform and related mobile and web applications (collectively, the “Platform”). We may change the terms of this Agreement from time to time, without notice to you, by posting such changes on the Platform. Changes to this Agreement will be effective when posted and your continued use of the Platform and/or the services made available on or through the Platform after any changes to the terms are posted will be considered acceptance of those changes.
BY USING THE PLATFORM AND/OR CREATING A LOGIN, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE PLATFORM AND DO NOT CREATE A LOGIN.
IMPORTANT: PLEASE READ THESE TERMS CAREFULLY AS THEY MAY IMPACT YOUR LEGAL RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US. SPECIFICALLY, PLEASE REFER TO THE ARBITRATION PROVISION SET FORTH BELOW REQUIRING YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE RELATED TO YOUR USE OF THE PLATFORM ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
1. Use of the Platform. The access to and use of the Platform implies your full acceptance and undertaking to abide entirely by this Agreement. You are not permitted to use, or cause others to use, any automated system or software to extract content or data from our Platform for commercial purposes. Access to our Platform is permitted on a temporary basis. We may update our Platform and so may change the content at any time without notice to you. You are responsible for making all arrangements necessary to access this Platform. You agree not to use the Platform for fraudulent purposes. You also agree not to take any action that will damage, disable, or overburden the Platform, or hinder, in any way, the normal use and operation of the Platform. In the event of breach of this Agreement, we reserve the right to limit, suspend, or terminate your access to the Platform, taking any technical measures necessary for that purpose.
2. Copyright Ownership. The Platform is protected by the copyright laws of the United States and other jurisdictions. You may download or print a copy of certain resources offered on the Platform for your personal, non-commercial use, but you may not copy any part of the Platform for any other purpose, and you may not modify any part of the Platform for any reason. Inclusion of any part of the Platform in another work, whether in printed, electronic or other form, and inclusion of any part of the Platform in another Platform by linking, framing or otherwise, are expressly prohibited.
3. Trademark Rights. The trademarks, service marks, and logos of the Company (“Company Marks”), including MOTORU, belong exclusively to the Company. The Company Marks are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. All other trademarks, service marks, and logos are the property of their respective owners. The use or misuse of these trademarks is expressly prohibited, and nothing stated or implied on the Platform confers on you any license or right under the Company Marks or the trademarks of any third party.
4. License to Use Services. By registering for and/or attending any services or events offered on the Platform, Company hereby grants to you a non-exclusive, non-transferable right solely for personal use of the services, products, webinars, materials, and documentation (individually and collectively, the “Services”). You may use the Services personally only. You further agree that you will not:
a) except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties: (i) and except to the extent expressly permitted under this Agreement, attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Services or the Platform (as applicable) in any form or media or by any means; or (ii) attempt to compile, disassemble, reverse engineer, or otherwise reduce to human-perceivable form all or any part of the software generating the Services or Platform; or
b) access all or any part of the Platform in order to build a product or service which competes with the Platform or Services; or
c) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services available to any third party; or
d) attempt to obtain, or assist third parties in obtaining, access to the Platform.
You will use your best efforts to prevent any unauthorized access to, or use of, the Platform and, in the event of any such unauthorized access or use, promptly notify the Company.
5. License Restrictions. You further agree not to use the Platform for any purpose that is unlawful or that is designed or intended to interrupt, destroy, or limit the functionality of the Platform and agree not to use the Platform in any manner that:
a) copies, modifies, creates a derivative work of, reverse engineers, decompiles, or otherwise attempts to extract the source code of the software underlying the Platform or any portion thereof;
b) is intended to obtain unauthorized access to the Platform, any portion thereof, or any servers or devices on which the Platform or any related data or information is stored;
c) infringes any copyright, trademark, trade secret, patent, or other right of any party, or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);
d) consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
e) causes us to lose (in whole or part) the services of our internet service providers or other suppliers;
f) links to materials or other content, directly or indirectly, to which you do not have a right to link;
g) is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by the Company in its sole discretion; or
h) violates, or encourages anyone to violate, this Agreement or any ancillary terms and conditions listed on the Platform.
It should be noted that any discussion forum accessible through any Service is put in place only to allow users to exchange ideas and resources with other users in a secure environment. Therefore, Company reserves the right to delete any comments that are offensive, abusive, or defamatory, comments promoting illegal activities, or comments advertising products or any services for marketing purposes.
6. License to Use Courses, Programs, and Associated Material. Company provides various training and continuing education courses, programs, and associated material for use and sale on this Platform. Company grants you a limited, personal, non-exclusive, non-transferable license to use such courses, programs, and associated material (collectively the “Courses”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of the Courses in any manner. By ordering or participating in the Courses, you agree that the Courses you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company. By ordering or participating in the Courses, you further agree that you shall not create any derivative work based upon the Courses, and you shall not offer any competing products or services based upon any information contained in the Courses. Upon purchasing and completing a Course, you will have access to the Course information and related certificates of completion on your account for one (1) year; however, your access to each purchased on-demand Course will expire thirty (30) days after the date of purchase of such Course. The select Courses offered on the Platform for continuing professional education will be noted as such and will comply with NASBA standards for continuing professional education programs as provided in Section 7 below.
7. NASBA Certification. Company is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.nasbaregistry.org.
8. Use Of Free Downloadable Content. Company provides various free, downloadable resources on this Platform, which users may access by creating an account and providing user’s e-mail address, name, username, and password. The Company grants you a limited, personal, non-exclusive, non-transferable license to use such resources provided in exchange for the above information (the “Free Content”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of the Free Content in any manner. By downloading the Free Content, you agree that the Free Content you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company. By downloading the Free Content, you further agree that you shall not create any derivative work based upon the Free Content, and you shall not offer any competing products or services based upon any information contained in the Free Content.
9. Materials Provided To The Platform. Company does not claim ownership of the materials you provide to the Platform (including feedback and suggestions) or post, upload, input, or submit to any Platform or our associated services (collectively, “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of our / their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion. By posting, uploading, inputting, providing, or submitting your Submission, you warrant and represent that you own, or otherwise control, all of the rights to your Submission as described in this Section 9 including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.
10. Your Account and Registration Information. In the course of your use of the Platform, you may be asked to register or otherwise provide certain personalized information to us and/or to create a username and password (such information referred to hereinafter as “Registration Information”) in order to access Services, Courses, or certain other services or products. You agree to provide us with information that does not impersonate, or otherwise misrepresent, your association or affiliation with any person, organization, or entity. Our information collection and use policies with respect to the privacy of such Registration Information are set forth in our Privacy Policy which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for your Registration Information. You represent and warrant that: (a) all required Registration Information you submit is truthful, accurate, complete, and correct; and (b) you will maintain the accuracy and completeness of such Registration Information. You will be responsible for maintaining the confidentiality of your username and password and for restricting access to your devices and information so others may not access our Platform using your Registration Information. We will not be responsible for misuse of your Registration Information by any third party, whether authorized by you or not. You are responsible for all activities that occur under your Registration Information. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Registration Information or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
11. Online Purchases. By purchasing certain Services and/or Courses made available through the Platform (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of such information may be required prior to the acknowledgment or completion of any Transaction. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws in regard to the receipt, possession, use, and sale of any item purchased from the Platform. By placing an order, you represent that the Services ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) bar you from making or completing any or all Transaction(s); and (iii) refuse to provide any you with any product or service.
12. Refunds. Company may, at its sole discretion, provide you a full or pro-rated refund of any fees paid if the Platform does not function properly or if Company terminates your Platform access. The following relates to refunds for Course purchases specifically: (i) for on-demand Courses, you may receive a full refund if you provide written notice of cancellation within thirty (30) days of purchase, provided you have not started the Course; or (ii) for live Courses, you may either receive a full refund or credit for a future Course if you submit written notice of cancellation at least three (3) business days prior to the live Course date, and any rescheduled Course must be completed within six (6) months of the date of the original live Course. Please see the FAQ section of our Platform for further information on Course refunds. Please contact Company at support@motorullc.com should you experience any Platform issues or to inquire about the status of a refund.
13. Reservation of Rights. You acknowledge and agree that the Platform is provided under license and not sold to you. You do not acquire any ownership interest in the Platform under this Agreement, or any other rights thereto other than to use the Platform in accordance with the license(s) granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company reserves and shall retain its entire right, title, and interest in and to the Platform, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
14. Updates. Company may from time to time in its sole discretion develop and provide Platform updates, which may include upgrades, bug fixes, patches, and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality of the Platform. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of the Platform. You may receive notice of available Updates. You agree that all Updates will be deemed part of the Platform and be subject to all terms and conditions of this Agreement.
15. Third-Party Materials. The Platform may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party platforms or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them at entirely at your own risk and subject to such third parties' terms and conditions.
16. Term and Termination.
a) If you are a paid member of the Platform, the term of your membership commences upon your payment for the membership and will continue in effect until terminated by you or Company as set forth herein.
b) Company may terminate this Agreement and your account at any time with reasonable advance notice if Company ceases to support the Platform which Company may do in its sole discretion, or if you violate the terms of this Agreement or any other codes of conduct or policies Company may share with you from time to time. Other reasons for termination include: (i) an allegation or actual infringement of any intellectual property right or right of publicity or privacy of any third party; (ii) an allegation of actual defamation; (iii) an allegation or determination that an app does not comply with applicable law; (iv) Company ceasing to do business; or (v) Company filing a petition in bankruptcy, dissolving, or otherwise finding itself unable to pay its debts as they come due.
c) The license(s) granted under this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
d) Upon termination of this Agreement, all other rights granted to you under this Agreement will also terminate.
e) Termination of this Agreement will not limit any of Company's rights or remedies at law or in equity.
17. Disclaimer of Warranties. THE PLATFORM IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PLATFORM, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING AND MAKES NO REPRESENTATION OF ANY KIND THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, PLATFORMS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
18. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM OR THE CONTENT AND SERVICES FOR:
a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR
b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR USE OF THE PLATFORM.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
19. Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to your use or misuse of the Platform or your breach of this Agreement. Furthermore, you agree that Company assumes no responsibility for the content you submit or make available through this Platform.
20. International Users. The Platform is controlled, operated, and administered from our offices in Houston, Texas, United States of America. We make no representation that content on the Platform is appropriate or available for use at other locations outside the United States. You may not use the Platform or export its content or products in violation of United States export laws and regulations. If you access the Platform from a location outside of the United States, you are responsible for compliance with all local laws if, and to the extent, local laws are applicable.
21. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term, and all other provisions of this Agreement will continue in full force and effect.
22. Dispute Resolution. By using the Platform, you and Company agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Platform, or the breach, enforcement, interpretation, or validity of this Agreement or any part thereof (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent to Company at: MotorU, LLC, 855 Lamonte Lane, Houston, Texas 77018. Both you and Company agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and Company would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted to American Arbitration Association (www.adr.org) (or to the alternative dispute resolution we select, in our sole discretion) for binding arbitration under its rules then in effect in the State of Texas before one arbitrator to be mutually agreed upon by both parties. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including any claim that all or any part of this Agreement is void or voidable.
23. Choice of Law and Forum. You agree that the laws of the State of Texas govern this Agreement and any claim or Dispute that you may have against us, without regard to conflict of laws rules. The parties acknowledge that this Agreement is evidence a transaction involving interstate commerce. Notwithstanding the foregoing with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the U.S. Federal Arbitration Act (9 U.S.C., Secs. 1-16). You further agree that any Disputes or claims not subject to the arbitration provision discussed above shall be resolved by a court located in Harris County, Texas, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
24. Age Limitation. The Platform is not intended for use by persons under the age of 13. We do not knowingly collect information from visitors under the age of 13 and in the event that we learn that a person under the age of 13 has provided us with personal identifying information (“PII”), we will delete such PII.
25. Entire Agreement. This Agreement and our Privacy Policy constitute the entire agreement between you and Company with respect to the Platform and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Platform.
26. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
27. Modification. We reserve the right to modify the terms of this Agreement at any time. Your continued use of the Platform after any such modifications have been made shall be deemed to be Your conclusive acceptance of any modified version of the Agreement. We will indicate that changes to the Agreement have been made by updating the date indicated after “Last Updated” at the beginning or end of this Agreement. If you do not agree to abide by the initial version and any modified version of the terms of the Agreement, then you are not authorized to use the Platform.
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