Terms of service.
You understand and agree that the following non-inclusive list of violations may result in MotoDLVRD terminating or suspending your user account and/or your access to the Site and you agree not to engage in any of the following conduct anywhere on the Site:
Submit material that is subject to the intellectual property protections of a third party, including without limitation, any material otherwise subject to third party proprietary rights, including, without limitation, privacy and publicity rights, unless you have permission from the owner of such rights to post said material on the Site;Request, demand, or suggest payment for items posted on or to the Site;Use the website as a platform for promotional giveaways;Submit any user data that MotoDLVRD, in its sole discretion, advises to be false, inaccurate, misleading, disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, vulgar, obscene, hateful, or racially or ethnically-motivated, or otherwise objectionable;Harass, threaten, embarrass or cause distress or discomfort to another Site participant, user, or other individual or entity;Distribute viruses or any other technologies that may harm the Site or the interests or property of our users and partners;Harvest or otherwise collect information, including email addresses, about users or third parties whose information is made available on the Site, without their consent;Use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission;Impersonate or misrepresent your affiliation with any person, including without limitation, a MotoDLVRD official or representative, chat or message board leader, guide or host;Disrupt the normal flow of dialogue in a comment section, forum, or chat service, or otherwise act in a manner that negatively affects other participants;Post or transmit any unsolicited advertising or promotional materials other than for items listed on this Site, or post or transmit any other forms of solicitation anywhere on the Site; orIntentionally or unintentionally violate any applicable local, state, national or international law, including without limitation, any regulations having the force of law while using or accessing the Site.
Registration and Membership
Monthly boxes for MotoDLVRD subscriptions are shipped to your address at the address you provided. You may receive emails regarding your account or promotions for special offers, including third party offers. You can cancel your membership anytime without charge by contacting Customer Support.
Billing and Payments
By starting your MotoDLVRD subscription and providing or designating a payment method, you authorize us to charge you on a recurring monthly/3-monthly/6-monthly (depending on your chosen subscription package) subscription fee at the then-current rate. We reserve the right to adjust pricing for our subscriptions in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Service, any price changes to your subscription will take effect following email notice to you.
As a Member, you agree to the following benefits and Terms:
In an effort to get boxes to our subscribers as soon as possible, we begin processing shipments prior to the signup cutoff. As a result, all address updates must be made within 48 hours prior to the subscription renewal date (see “Your Subscription Contract” below for renewal date information) to ensure they are correctly reflected on your shipment. Our shipping service does not include the forwarding with your mail to an updated address. Any forwarding fees incurred will not be reimbursed or credited to your subscription.
In the event that you change addresses and you do not make the necessary address changes to your account prior to your renewal date, there will be a flat fee of $9 for secondary shipments for the same order. Please update your shipping information on your account at least 48 hours prior to your renewal date in order to ensure that your order is shipped to the correct address. If you have any issues navigating the site (motodlvrd.com) to change your address information, please feel free to reach out to our customer service team at email@example.com and we can assist with changing your address for you.
Refunds for returns will be limited to the product price only and will not include shipping and handling costs incurred at the time of purchase. Returns are to be sent back by the customer and MOTODLVRD will not provide return shipping.
YOUR SUBSCRIPTION CONTRACT
BY PURCHASING ANY SUBSCRIPTION, YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION HAS AN INITIAL AND RECURRING PAYMENT FEATURE AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO CANCELLATION. YOUR SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE PERIODS, AT THE THEN-CURRENT SUBSCRIPTION RATE. TO CANCEL YOUR SUBSCRIPTION AT ANY TIME, YOU MUST DO ONE OF THE FOLLOWING AT LEAST 48 HOURS PRIOR TO YOUR NEXT SCHEDULED RENEWAL DATE TO AVOID CHARGE: UPDATE YOUR USER ACCOUNT AT MOTODLVRD.COM OR EMAIL SUPPORT AT INFO@MOTODLVRD.COM. ALL SUBSCRIPTIONS THAT ARE STARTED BETWEEN THE 6TH AND THE 31ST OF ANY GIVEN MONTH IN THE CASE OF MOTODLVRD WILL AUTOMATICALLY HAVE THEIR BOXES SHIPPED BY THE 5TH OF THE FOLLOWING MONTH. YOUR RENEWAL DATE WILL BE YOUR ORIGINAL SIGN-UP DATE. IF YOU CANCEL, YOU MAY USE YOUR SUBSCRIPTION UNTIL THE END OF YOUR THEN-CURRENT SUBSCRIPTION TERM. MOTODLVRD MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD WITHIN THE 48-HOUR NOTICE REQUIREMENT.
IF YOU CANCEL YOUR SUBSCRIPTION, YOU WILL NOT BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD. WE RESERVE THE RIGHT TO REVOKE YOUR SUBSCRIPTION AT ANY TIME. RETURNS WITH THE REQUEST OF A REFUND WILL BE REFUNDED THE PAID FOR SUBSCRIPTION COST MINUS THE SHIPPING AND IS AT THE DISCRETION OF CUSTOMER SUPPORT. MEMBERSHIP IS VOID WHERE PROHIBITED BY LAW.
Product Information; Limitation on Quantities
Excluding any content which may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available. For the sake of clarity, we reserve the right to substitute any products within a specific crate with similar products of the same genre.
Risk of Loss
Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss or damage for such merchandise will pass to you upon our delivery to the carrier. All missing or damaged shipments or items must be reported within 30 days of shipping to qualify for a replacement or refund based on product availability. If the product is available, a replacement will be shipped and a refund will not be issued or considered. Damaged items must be reported and include a photo in the ticket submission. Damaged items will be reviewed by the support agent and a replacement will be issued only for damaged products and does not cover or include packaging of said item. Blemishes to packaging will not be considered as part of a damaged item. All refunds will be at the discretion of customer support.
The technology underlying, and the entire content included in, the Site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of MotoDLVRD and is protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to MotoDLVRD. We cannot guarantee information displayed on this Site to be 100% accurate.
All trademarks, service marks, and trade names of MotoDLVRD on the Site are trademarks or registered trademarks of MotoDLVRD, or of their respective owners.
User Generated Content
By sharing, submitting and uploading any of your data (including but not limited to photographs, images, video, music, art, or comments) to MotoDLVRD’s website, MotoDLVRD’s social media channels (including, without limitation, Twitter (including # and @ comments incorporating MotoDLVRD), Facebook and Instagram) and pages dedicated to MotoDLVRD in discussion forums (e.g., Reddit), you grant MotoDLVRD a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, prepare derivative works of, display and perform your user data in any legal manner for the benefit of MotoDLVRD. You acknowledge and agree that you are solely responsible for all the user data that you make available through such means. Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents and releases necessary to grant MotoDLVRD the required rights to disseminate any user data, and (2) neither your data nor your posting, uploading, publication, submission or transmittal of this data or MotoDLVRD’s use of your uploaded data (or any portion thereof) on, through or by the means of MotoDLVRD will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.
MotoDLVRD shall have no obligation to pay you any compensation for your user data and with respect to MotoDLVRD’s use or nonuse of your user data, and is under no obligation to post or use any data you may provide. MotoDLVRD may, in its sole discretion, remove any user data at any time, with or without notice to you, prior or otherwise. You may request the removal of your user data for any reason on reasonable written notice to MotoDLVRD, on receipt of which MotoDLVRD will take commercially reasonable steps to comply with your removal request.
MotoDLVRD does not and cannot review all user data submissions and is not responsible for the content or substance thereof. However, MotoDLVRD reserves the right to delete, move, or edit user data that it, in its sole discretion, deems to be abusive, defamatory, obscene, in violation of copyright or trademark laws, or in violation of any person’s rights of privacy or publicity, or otherwise unacceptable, provided that MotoDLVRD shall not be deemed the publisher of any user data by virtue of its right to control said data. Any views and opinions expressed in user submitted data reflect author’s point of view and are not necessarily those of MotoDLVRD or its licensing partners and affiliated entities.
Except as otherwise specifically provided, the site and the products offered on the site are provided on as “as is” and “as available” basis without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, MotoDLVRD disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. MotoDLVRD does not represent or warrant that the functions contained on the site will be uninterrupted or error-free, that the defects will be corrected, or that the site or the server that makes the site available are free or viruses or other harmful components. MotoDLVRD does not make any warrantees or representations regarding the use of the materials on the site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Applicable Law may not allow limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Neither MotoDLVRD nor its celebrity spokespersons shall be liable for any indirect, punitive, incidental, special, exemplary, or consequential damages or attorney’s fees or costs, that result from the use of, or the inability to use, the site or materials on or provided through the site, even if MotoDLVRD has been advised of the possibility of such damages, and even if a remedy set forth in these Terms of Service is found to have failed its essential purpose. In no event will MotoDLVRD’s liability to you exceed the amounts that you paid to MotoDLVRD in connection with your MotoDLVRD membership or other purchases made on the Site. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
While MotoDLVRD takes precautions against security breaches, no website or internet transmission is completely secure, and as such, MotoDLVRD shall not be liable for any damages whatsoever that may result from unauthorized access, hacking, data loss, or other breaches that may occur on the Site.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, MotoDLVRD shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. MotoDLVRD shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, MotoDLVRD shall immediately issue a credit to your credit card account in the amount of the charge.
MotoDLVRD has no liability for injury or damage caused by products within the crate. Such liability is the sole responsibility of the product brand or manufacturer.
These Terms are applicable to you upon your accessing the Site. These Terms, or any part of them, may be modified or terminated by MotoDLVRD without notice at any time, for any reason. MotoDLVRD reserves the right to limit discount codes to one per customer in its sole discretion. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous, shall in all events survive any termination of these Terms and your use of the Site.
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER:
This Arbitration Agreement facilitates the prompt and efficient resolution of any disputes that may arise between you and MotoDLVRD. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial.
Please read this Arbitration Agreement carefully. It provides that all disputes between you and MotoDLVRD shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney’s fees, if otherwise authorized by applicable law).
For the purpose of this Arbitration Agreement, “MotoDLVRD” means Moto Delivered MotoDLVRD and their respective parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and MotoDLVRD regarding any aspect of your relationship with MotoDLVRD, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
Pre-Arbitration Dispute Resolution:
For all Disputes, whether pursued in court or arbitration, you must first give MotoDLVRD an opportunity to resolve the Dispute. You must commence this process by mailing written notification to MotoDLVRD. That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If MotoDLVRD does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
You must initiate any Dispute within one (1) year after such the basis for your Dispute arose, regardless of any statute or law to the contrary. In the event that you do not initiate your Dispute within such one (1) year period, such Dispute shall be time-barred.
If this Arbitration Agreement applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or MotoDLVRD may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a representative or class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement.
For arbitration before the AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Arbitration Agreement governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative action procedures or rules apply to the arbitration.
Because your contract with MotoDLVRD, the Terms of Service, and this this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Your use of this Site constitutes your consent and submission to service of process under applicable United States law and your submission to the exclusive jurisdiction and venue of the state and federal courts located in the State of California in New York county, for the purposes of any legal action or claim pertaining to these Terms of Service, or arising from the use of this Site, your user account and/or any website content and you hereby waive any defenses such as lack of personal jurisdiction or forum non conveniens. These Terms of Service shall be construed and enforced in accordance with the law of the State of California, and without regard to the choice of law principles thereof
Location of Arbitration:
You may initiate arbitration in either Los Angeles, CA, or in the federal judicial district that includes your address that you provide in your written notification of Pre-Arbitration Dispute Resolution. In the event that MotoDLVRD initiates an arbitration, it may only do so in the federal judicial district that includes your address that you provide in your written notification of Pre-Arbitration Dispute Resolution.
Payment of Arbitration Fees and Costs:
MotoDLVRD will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with MotoDLVRD as provided in the section above titled “Pre-Arbitration Dispute Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover from MotoDLVRD your actual and reasonable attorney’s fees and costs as determined by the arbitrator.
Disputes with other Users:
If you have a dispute with one or more users, you release MotoDLVRD and from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown including without limitation attorney’s fees, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Class Action Waiver:
The parties agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action) unless both you and MotoDLVRD specifically agree to do so following initiation of the arbitration. Neither you, nor any other Member of MotoDLVRD and/or user of MotoDLVRD services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding.
Limitation of Procedural Rights:
You understand and agree that, by entering into this Arbitration Agreement, you and MotoDLVRD are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and MotoDLVRD might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, you give up those rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general an arbitrator’s decision may not be appealed for errors of fact or law.
Small Claims Court:
As an alternative to arbitration, you may bring a claim against MotoDLVRD in a small claims court of competent jurisdiction. Such a claim may be brought in your name only, and not as a class action, representative action, consolidated action or private attorney general action. No small claims court or other court shall have the right to consolidate multiple parties’ claims or award relief to any person who is not a direct party to such small claims court proceeding.
This Arbitration Agreement shall survive the termination of your contract with MotoDLVRD and your use of MotoDLVRD services.
Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states and other territories where the goods sold over the internet are taxable.
We control and operate the Site from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. All pricing is in United State dollars. Any subscriptions under an incorrect plan will be canceled and any applicable charges refunded without notice to the subscriber.
MotoDLVRD may deliver notice to you by means of e-mail, a general notice on this Site, or by other reliable method.
Captions and Headings
All captions, indices, titles, subject headings, section titles and similar items contained in these Terms are provided for the purpose of reference and convenience only and are not intended to be inclusive, definitive or to affect the meaning or content of these Terms.
Use of Site
You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. Use of the Site for any illegal or unauthorized purpose is strictly prohibited.
You agree to indemnify, defend, and hold harmless MotoDLVRD, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms, or any activity related to use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.
If any clause within these Terms including but not limited to, the Arbitration Agreement (and other than the Class Action Waiver clause above), is found to be illegal or unenforceable, that clause will be severed from these Terms, and the remainder of these Terms will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, then the entire Arbitration Agreement will be unenforceable, and any Dispute will be decided by a court of competent jurisdiction.
Except as may be explicitly permitted through this site, you agree not to sell, license, rent, lease, modify, distribute, copy, reproduce, publicly display, publish, transfer, edit, catalogue, aggregate, or create derivative works from discount codes received on or from this site.
You understand that the technical processing and transmission of this Site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Third-Party Links: In an attempt to provide increased value to our visitors, MotoDLVRD may link to sites operated by third parties. However, MotoDLVRD has no control over these linked sites, all of which have separate privacy and data collection practices, independent of MotoDLVRD. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, MotoDLVRD seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).
Miscellaneous: These Terms constitute the entire agreement between you and MotoDLVRD with regard to your use of the Site. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. MotoDLVRD may assign its rights and duties under this Agreement to any party at any time without notice to you.