Terms of Service - Please read!
WELCOME TO MOTORin’ – A WEB AND APP-BASED AUTOMOTIVE EVENT CALENDAR!
The MOTORin’ App and Web Site (“MOTORin’”) is provided by the Specialty Equipment Market Association (“SEMA”) for users to calendar and
view information about automotive and motorsports related events.
By accessing, viewing, or using MOTORin’, You indicate that You understand and intend these Terms of Service to be the legal equivalent
of a signed, written contract and equally binding, and that You accept such Terms of Service and agree to be legally bound by them. Please
note that SEMA reserves the right to change the Terms of Service under which MOTORin’ is extended to You. Your continued use of the MOTORin’
App or Web Site following such modifications will be conclusively deemed acceptance by You of any changes to these Terms of Service.
This Terms of Service Agreement provides You with a personal, revocable, nonexclusive, nontransferable license to use the MOTORin’ App and
Web Site conditioned on Your continued compliance with the Terms of Service. As a condition of use of MOTORin’, You warrant to SEMA that You will
not use MOTORin’ for any purpose that is unlawful or otherwise prohibited by these Terms of Service.
SEMA accepts no responsibility for the information posted or circulated by users. SEMA cannot warrant the accuracy of any information posted
on the MOTORin’ App or Web Site and SEMA disclaims all warranties with regard to information posted or circulated on MOTORin’.
Use of the MOTORin’ App and Web Site is entirely at Your own risk and is subject to all applicable state, national and international laws
and regulations. THE MOTORin’ APP AND WEB SITE AND ALL CONTENT AND MATERIALS THEREON ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR
NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not
apply to You.
NEITHER SEMA NOR ITS OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES, MEMBERS, AGENTS OR VOLUNTEERS SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL,
CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, WHETHER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR IN
CONNECTION WITH: (A) YOUR ACCESS TO, OR USE OF, THE MOTORin’ APP OR WEB SITE; (B) ANY PRODUCTS, SERVICES, INFORMATION, ACTIVITIES, AND/OR MATERIALS
AVAILABLE ON OR THROUGH MOTORin’; (C) ANY BREACHES OF SECURITY INVOLVING MOTORin’ OR YOUR ACCOUNT, OR ANY LACK OF AVAILABILITY OR OPERATIONAL PROBLEM
OF, THE MOTORin’ APP OR WEB SITE; OR (D) ANY VIRUSES OR OTHER CODE THAT MAY AFFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR
USE OF MOTORin’. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such
jurisdictions, our liability is limited to the greatest extent permitted by law.
Neither SEMA nor its directors, officers, staff, members and/or volunteers accept any responsibility for Your postings on MOTORin’. All of
Your content and postings are solely Your responsibility. SEMA reserves the right to delete, move or edit any content or postings at any time, for
any reason or in its discretion, but has no obligation to review or remove any such content or postings. In the event that any inappropriate
or illegal content or posting is brought to SEMA’s attention, SEMA may exercise appropriate action.
You agree not to use MOTORin’ to post material that:
contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs or illustrations in
poor taste, inflammatory attacks of a personal, racial or religious nature;
is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross
exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any
individual or community;
- violates any right of SEMA, its officers, directors, employees, members or any third party;
discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or
refers to such matters in any manner prohibited by law;
- violates or inappropriately encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance;
You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any party; and/or
contains software viruses, spyware or any other computer code, files or programs that interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications equipment.
You grant SEMA a non-exclusive, perpetual, worldwide, royalty-free and irrevocable right and license to display, copy, publish, distribute,
transmit, print, modify, edit, perform, adapt, sublicense, re-purpose, creative derivative works or otherwise use any data or content You post
on MOTORin’, in whole or in part, for any purpose in all languages and in all media now known or developed in the future. All right, title and
interest, including the copyrights in and to any derivative works created by SEMA from Your data or content shall vest in and belong solely to SEMA.
You acknowledge, consent and agree that SEMA may access, preserve and disclose your account information and postings if required to do so by
law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce
the Terms of Service; (c) respond to claims that any content or posting violates the rights of third parties; (d) respond to your requests for
customer service; or (e) protect the rights, property or personal safety of SEMA, its officers, directors, employees, members, agents, other
users or the public.
By posting any content on MOTORin’, You warrant and represent that the posting will not infringe the intellectual property rights of, or otherwise
violate the rights of any third party.
You agree to defend, indemnify, and hold harmless SEMA and its directors, officers, employees, members, volunteers, agents, successors, and
assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable
attorneys’ fees and litigation expenses), relating to or arising from Your use of MOTORin’, any breach by You of this Agreement, or any other
matter for which You are responsible hereunder or under law.
The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or described on MOTORin’ are the sole
property of SEMA or other parties and may not be copied, imitated or otherwise used, in whole or in part, without the prior written permission
of their respective owners. In addition, the MOTORin’ App, the MOTORin’ Web Site and all page headers, custom graphics, button icons and scripts
are the sole property of SEMA and may not be copied, imitated or otherwise used, in whole or in part, without the prior written permission of
SEMA. SEMA will enforce its intellectual property rights to the fullest extent of the law.
This Agreement will take effect at the time You begin using the MOTORin’ App or Web Site (thereby indicating acceptance of these Terms and
Conditions). SEMA reserves the right at any time and for any reason to deny You access to the MOTORin’ App or Web Site or any portion thereof,
and to terminate this Agreement. Termination will be effective without notice.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the
Internet infringes their rights under US copyright law. SEMA reserves the right to remove any material on MOTORin’ which allegedly infringes
another person’s copyright. Notices to SEMA regarding any alleged copyright infringement on MOTORin’ should be sent to Daniel Ingber, Chief
Corporate Counsel at danielI@sema.org. Please provide the following in your communication:
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on MOTORin’;
- your address, telephone number, and email address;
- a statement that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright
or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf; and
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property
Any disputes arising in connection with these Terms and Conditions shall be resolved by binding arbitration in Los Angeles County,
California by a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association. The award shall be
enforceable in any court having jurisdiction thereof. The validity, construction, and performance of these Terms and Conditions Agreement shall
be construed in accordance with the laws of the District of Columbia.
The MOTORin’ App and Web Site are controlled and operated by SEMA from its offices within the United States. SEMA makes no representation that
the content and materials on MOTORin’ are appropriate or available for use in other locations, and access to them from territories where any of
the contents of MOTORin’ are illegal is prohibited. If You choose to access MOTORin’ from other locations, You do so on Your own volition and are
responsible for compliance with any applicable local laws.
If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited
to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms and Conditions
shall continue in effect.
No joint venture, partnership, employment, or agency relationship exists between you and SEMA as a result of this Agreement or Your utilization
These Terms of Service represent the entire agreement between You and SEMA with respect to Your use of and access to material available on or
through this the MOTORin’ App or Web Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic,
oral, or written between You and SEMA with respect to MOTORin’. Any rights not expressly granted herein are reserved.