Terms of Service and Use

Last Updated: September 18, 2020

Please note, your use and access to our services (defined below) are subject to the following terms; if you do not agree to all of the following, you may not use or access our services in any manner. If you accept or agree to these Terms of Service and Use on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service and Use and, in such event, “you” and “your” will refer and apply to that company or other legal entity in addition to you.

Please read the following to learn the rules and restrictions that govern your use of our website(s) and application(s) (“our Services”). If you have any questions regarding these terms or our Services, please contact us at mototexthomes@gmail.com.

These Terms of Service and Use (the “Terms”) are a binding contract between you, Mototext LLC, and its divisions ("Mototext Homes," “we” and “us”). Your use of our Services in any way means that you agree and consent to all of these Terms, and these Terms will remain in effect at all times while you use our Services. These Terms include the provisions in this document, as well as those in the Privacy Policy.

Terms Modification

We reserve the right, at our sole discretion, to modify, discontinue, or terminate your use of our Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on our website or otherwise provide you with notice of the modification. We will also update the “Effective Date” at the top of these Terms. By continuing to access or use our Services after we have posted a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to immediately cease using our Services.

Certain portions of our Services may, or may in the future, have different terms and conditions posted on our website may require you to agree with and accept additional terms and conditions. We may, in our sole discretion, make premium or different applications, software, or services available to you that are subject to different terms and conditions and narrower licenses than as set forth therein. If there is a conflict between these terms and conditions posted for a specific portion of our Service, the latter terms and conditions shall take precedence with respect to your use of or access to that portion of our Services.

Privacy

See our current Privacy Policy for information and notices regarding our collection and use of personal information. The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for our Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at mototexthomes@gmail.com.

Eligibility

By accessing or using our Services you represent and warrant that: (i) you are of legal age to form a binding contract, or, if you are a minor, you have your parent’s permission to use our Services, and your parent has read and agrees to these Terms on your behalf; (ii) all information you submit is accurate, current and complete; (iii) you will maintain the accuracy and completeness of such information; (iv) if you are accepting these Terms on behalf of a company or other legal entity, you have the authority to bind that company or legal entity to these Terms. You also certify that you are legally permitted to use and access our Services and take full responsibility for the selection and use of and access to our Services. These Terms are void where prohibited by law, and the right to access our Services is automatically revoked in such jurisdictions.

Service Access

In order to access our Services, you must submit your personal information (name, email, phone number, address, etc.). When submitting you agree to: (a) provide true, accurate, current and complete information about yourself (or, if applicable, the corporate member you represent) and (b) maintain and promptly update the information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of our Services (or any portion thereof).

You may not authorize any third party (other than, if applicable, the employees, consultants or agents of the corporate member you represent) to access or use our Services on your behalf. You are responsible for maintaining the confidentiality of the Referral ID and passwords and are fully responsible for all activities that occur under your Referral ID or password. You agree to immediately notify us of any unauthorized use of your Referral ID or password or any other breach of security. We cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.

By providing us with your email address, you agree to receive all required notices electronically, to that email address. From time to time, we will use this email address to send you notifications about product updates and improvements, company news and events, and updates from the Mototext Homes community.

Fees and Payment

Some of our Services are free. If you choose to upgrade to paid services or to provide payment information to us after being prompted to do so, you agree to the pricing, payment, and billing policies as set forth (a) herein, (b) on our website or the mobile application, and/or (c) if applicable, in a separately executed or accepted purchase order. All fees paid for our Services are non-refundable and non-transferable except as may be expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars. You are solely responsible for the payment of, and shall pay when due, all applicable sales and use taxes and similar fees now in force, enacted, or imposed in the future on the delivery of our Services and/or any related transactions.

If your selected package of our Services requires a recurring subscription fee, such subscription fee will automatically renew, unless we terminate it, or you notify us by email at mototexthomes@gmail.com of your decision to terminate your current package of our Services. You must cancel any such package of our Services before renewal in order to avoid billing of subscription fees for the renewal term to your credit card. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods.

General Prohibitions

Your use of the Services is subject to the following additional restrictions:

You represent, warrant, and agree that you will not contribute any content or otherwise use our Services or interact with our Services in a manner that:

  1. Infringes or violates the intellectual property rights or any other rights of anyone else (including us);
  2. Violates any law or regulation, including any applicable export control laws;
  3. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  4. Jeopardizes the security of your Mototext Homes account or anyone else’s (such as allowing someone else to use our Services as you);
  5. Attempts, in any manner, to obtain the password, account, or other security information from any other user;
  6. Violates the security of any computer network, or cracks any passwords or security encryption codes;
  7. “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to our Services or Content (through use of manual or automated means);
  8. Copies or stores any significant portion of the Content;
  9. Decompiles, reverse engineers or otherwise attempts to obtain the source code or underlying ideas or information of or relating to our Services.

A violation of any of the foregoing is grounds for immediate termination of your right to use or access our Services.

Links to Third-Party Websites

Our Services may now or in the future contain links to third-party websites, advertisers, services, or resources that are not owned or controlled by Mototext LLC. You acknowledge and agree that Mototext LLC has no control over and is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, privacy policies, practices, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Mototext LLC of such websites or resources or the content, products, practices, privacy policies, or services available from such websites or resources.

You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services on or available from such websites or resources. Additionally, your dealings with or participation in promotions of any third parties, including payment and delivery of goods, and any other terms are solely between you and such third parties. You agree that Mototext LLC shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.

We encourage you to be aware of when you leave our Services and to read the terms and conditions and privacy policy of any third-party website or service that you visit. You expressly relieve Mototext LLC from any and all liability arising from your use of any third-party website or services or third-party content.

Your Photos and Information

By uploading photographs of your house (your “Photos”), you hereby grant Mototext LLC a non-exclusive, transferable, sublicensable, royalty-free right and license to use, copy, reproduce, process, adapt, modify, distribute, post, broadcast, publicly perform, publish and display your Photos worldwide, in perpetuity, in any and all media, (i) to operate and improve the Website, and (ii) to market, promote, and advertise your house, the Website, and Mototext Homes, in general.

You agree that this license includes the right for Mototext Homes to make your Photos available to other companies, organizations and individuals who have a business relationship with Mototext Homes (“partner”) for syndication, broadcast, distribution and publication on other websites and services. Such additional uses by Mototext Homes, and by the companies, organizations and individuals who partner with us, will not require the payment of any money or other compensation to you.

You acknowledge and agree that we may reformat, modify or adapt your Photos in order to transmit, display or distribute it and/or as are necessary to conform and adapt to any requirements or limitations of any networks, devices, services or media. You further grant us the right to use, copy, distribute, post, publish and display your city, state and other relevant information about your house in connection with your Photos.

You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to your Photos, and that neither your Photos, nor our use of your Photos (or any portion thereof) on or through the Website or in connection with the rights granted will infringe, misappropriate or violate the rights of any person or entity, including patent, copyright, trademark, trade secret, moral rights, industrial rights, database rights or other proprietary or intellectual property rights, rights of publicity or privacy or data protection or contractual rights, or result in the violation of any applicable law or regulation.

You acknowledge and agree that you are solely responsible for your Photos and information about your house, and for any consequences of the use of your Photos by our third-party partners. You understand that our Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit your Photos for such use, it may subject you to liability. Mototext Homes will not be responsible or liable for any use of your Photos by Mototext Homes or any third party in accordance with the Terms.

Termination and Account Cancellation

If you breach any of these Terms, we have the right to suspend, disable or terminate your account or terminate these Terms, at our sole discretion and without prior notice to you. We reserve the right to revoke your access to and use of our Services at any time, with or without cause. In the event Mototext LLC terminates these Terms, you will remain liable for any and all amounts due hereunder.