Moto Gallery
Terms of Service

Overview

www.MotoGallery.com is operated by Moto Gallery. Throughout the site, the terms “we,” “us,” and “our” refer to Moto Gallery. This website, including all information, tools, and services provided, is offered to you, the user, conditioned upon your acceptance of the terms, conditions, policies, and notices detailed here.

By visiting our website and/or purchasing something from us, you participate in our “Service” and agree to these terms and conditions (“Terms of Service” or “Terms”), including any additional terms and policies referenced herein or available via hyperlink. These Terms apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms of Service carefully before accessing or using our site. By accessing or using any part of the website, you agree to these Terms. If you do not accept all the terms and conditions of this agreement, you may not access the site or use any services. If these Terms are considered an offer, your acceptance is expressly limited to these Terms.

Any new features or tools added to the site will also be subject to these Terms of Service. The latest version of the Terms can always be reviewed on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of the website after changes are posted signifies your acceptance of those changes.

Our store is hosted on Shopify Inc., which provides the platform enabling us to sell our products and services.

Section 1 – Online Store Terms

By agreeing to these Terms, you confirm that you are at least the age of majority in your state or province of residence or have given consent for any minor dependents to use this site.

You must not use our products for any illegal or unauthorized purpose or violate any laws in your jurisdiction (including copyright laws) while using the Service.

You are prohibited from transmitting any viruses, worms, or harmful code. A breach of any terms will result in immediate termination of your access to the Service.

Section 2 – General Conditions

We reserve the right to deny service to anyone for any reason at any time.

You acknowledge that your content (excluding credit card details) may be transmitted unencrypted and involve:
(a) transmission across various networks;
(b) modifications to adapt to technical requirements of connecting networks or devices.

Credit card information is always encrypted during transfers over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided without express written permission from us.

The section headings in this agreement are for convenience only and do not affect these Terms.

Section 3 – Accuracy, Completeness, and Timeliness of Information

We are not responsible if the information on this site is inaccurate, incomplete, or outdated. The materials on the site are provided for general information only and should not be solely relied upon for decision-making. Always consult more accurate or current sources before making decisions.

Historical information provided on the site is for reference only. We reserve the right to modify the site’s contents at any time without obligation to update the information. It is your responsibility to monitor changes on the site.

Section 4 – Modifications to Services and Pricing

Prices for our products may change without notice.

We reserve the right to modify or discontinue the Service (or any part thereof) without prior notice. We are not liable for any changes, price adjustments, or discontinuation of the Service.

Section 5 – Products or Services

Certain items or services may only be available online and may have limited quantities. These are subject to return or exchange per our Return Policy.

While we strive to display product colors and images accurately, we cannot guarantee that your device’s display will reflect the exact colors.

We reserve the right to limit sales of products or Services to any individual, geographic location, or jurisdiction on a case-by-case basis. Descriptions and pricing are subject to change without notice. We also reserve the right to discontinue any product at any time.

We do not guarantee that the quality of products, services, or materials purchased will meet your expectations or that errors will be corrected.

Section 6 – Accuracy of Billing and Account Information

We may refuse or limit any order you place with us. Restrictions may apply to orders using the same customer account, credit card, or billing/shipping address. In such cases, we may notify you via email or phone.

You agree to provide accurate, current, and complete purchase and account information for all orders. Ensure that your account details, including email and payment information, are updated promptly.

For more details, please review our Return Policy.

Section 7 – Optional Tools

We may provide access to third-party tools “as is” and “as available” without warranties, conditions, or endorsements. We are not liable for any issues arising from your use of optional third-party tools.

Your use of these tools is entirely at your own risk. Familiarize yourself with the terms provided by third-party providers before use.

Section 8 – Third-Party Links

Certain content or services on our site may include materials from third parties. Links to third-party websites are provided for convenience, and we are not responsible for their content or accuracy.

Any interactions with third-party websites are at your own risk. Review their policies before engaging in any transactions.

Section 9 – User Submissions

If you provide submissions (e.g., ideas, suggestions, comments), you grant us the unrestricted right to use, edit, and share these without compensation.

You agree that submissions will not violate third-party rights, including intellectual property or privacy laws. We are not responsible for user-generated content.

Section 10 – Personal Information

Personal information submitted through the store is governed by our Privacy Policy.

Section 11 – Errors and Omissions

Occasionally, there may be errors or inaccuracies on our site regarding product descriptions, pricing, or availability. We reserve the right to correct these without prior notice, even after an order is submitted.

Section 12 – Prohibited Uses

In addition to other prohibitions outlined in these Terms, you are prohibited from using the site or its content for:
(a) any unlawful purpose;
(b) soliciting others to perform illegal acts;
(c) violating any international, federal, provincial, or state regulations, laws, or local ordinances;
(d) infringing on intellectual property rights of Moto Gallery or others;
(e) harassment, abuse, harm, defamation, intimidation, or discrimination based on any protected characteristic;
(f) submitting false or misleading information;
(g) transmitting viruses, malware, or other destructive code;
(h) collecting or tracking the personal data of others;
(i) spamming, phishing, crawling, or scraping data;
(j) any obscene or immoral purpose;
(k) interfering with security measures on the website or related systems.

We reserve the right to terminate your use of the Service or site for violations of prohibited uses.

Section 13 – Disclaimer of Warranties; Limitation of Liability

We do not guarantee that your use of the Service will be uninterrupted, timely, secure, or error-free.

We make no warranties regarding the accuracy or reliability of results obtained through the Service.

You agree that the Service and all products offered through it are provided "as is" and "as available," without any representation, warranties, or conditions of any kind, express or implied. This includes implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Moto Gallery, along with its affiliates, employees, and service providers, shall not be liable for any injury, loss, or damages of any kind, whether direct, indirect, incidental, punitive, or consequential, arising from your use of the Service or products. This limitation applies even if advised of potential damages.

Certain jurisdictions may not allow the exclusion of implied warranties or limitations on liability. In such cases, our liability will be limited to the maximum extent permitted by law.

Section 14 – Indemnification

You agree to indemnify, defend, and hold Moto Gallery and its affiliates, officers, agents, contractors, and employees harmless from any claims, damages, or expenses, including reasonable attorneys’ fees, arising from your breach of these Terms or violation of any law or rights of a third party.

Section 15 – Severability

If any provision of these Terms is found to be unenforceable or invalid, it shall be enforced to the fullest extent permitted by law. The unenforceable portion will not affect the validity or enforceability of the remaining provisions.

Section 16 – Termination

The obligations and liabilities of both parties incurred prior to termination will survive the termination of this agreement.

These Terms remain effective unless terminated by either party. You may terminate by ceasing use of the site and notifying us.

If we determine you have violated any part of these Terms, we may terminate this agreement without notice, and you remain liable for all amounts owed up to and including the date of termination.

Section 17 – Entire Agreement

These Terms, along with any related policies or notices posted on this site, constitute the entire agreement between you and Moto Gallery. They supersede any prior agreements, communications, or understandings, whether written or verbal.

Any ambiguity in these Terms shall not be construed against the drafting party.

Section 18 – Governing Law

These Terms of Service are governed by the laws of the State of California, consistent with the Federal Arbitration Act, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Section 19 – Changes to Terms of Service

The most current version of these Terms is always available on this page.

We reserve the right to update, amend, or replace any part of these Terms by posting changes to our website. It is your responsibility to periodically review the Terms. Your continued use of the site or Service after changes are posted signifies acceptance.

Section 20 – Contact Information

Questions about these Terms of Service should be sent to us at support@MotoGallery.com.

Mobile Terms of Service

Last updated: Dec. 7, 2024

The Moto Gallery mobile message service (the "Service") is operated by Moto Gallery (“Moto Gallery”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Moto Gallery’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Moto Gallery through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Moto Gallery. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18446710794 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Moto Gallery mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18446710794 or email Info@motogallery.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.