TERMS AND CONDITIONS OF SERVICES

WELCOME TO MOTO TRAILS USA!

PLEASE READ THIS DOCUMENT CAREFULLY.

TERMS AND CONDITIONS OF SERVICES

Each transaction between Moto Trails USA, LLC and participant and each use by participant of the Moto Trails USA, LLC’s services and or website shall constitute and be deemed your unconditional acceptance of these Terms and Conditions of Service which constitute a binding and enforceable legal contract between Moto Trails USA, LLC and its affiliated companies and subsidiaries worldwide (collectively, “Moto Trails USA”, “us” or “we”) and you in relation to the use of the Services (as such term is defined below).

By using our services, including all associated features, websites, as well as all vehicles and items associated with our services, as described in detail in our website (collectively, the “Services”), the participant represent and warrant that he/she is at least 21 years old, have a valid motorcycle driver’s license to ride a Yamaha Tenere 700, carry personal liability insurance for motorcycles, and have all powers required to form a binding contract with Moto Trails USA and use the Services. If participant do not meet such requirement, he/she must not use the website, Services and/or transact with Moto Trails USA.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY SUBMITTING AN ORDER TO US AND/ OR PURCHASING AND/OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF SERVICE (THE “TERMS”), INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST NOT SUBMIT ANY ORDERS FOR SERVICES WITH US. ANY BREACH OR VIOLATION OF ANY OF THE TERMS WILL RESULT IN AN IMMEDIATE TERMINATION OF THE SERVICES YOUR PURCHASED.

I. Legal Agreement

These Terms, together with such additional terms which specifically apply to our Services (collectively, the “Conditions Générales de ventes”), specify the terms and condition for each customer (each a “Customer” or “you”), to designate the individual who has accessed our website and/or used the Services.

Moto Trails USA reserves the right to amend the Terms and Conditions at any time, without notice and for any reason whatsoever, by updating this page. Any such amendments shall be effective immediately.

If participant do not wish to continue using the Services, he/she may terminate the agreement with Moto Trails USA as provided in Section 2.2 below.

Participant use of the Services and website is also governed by our Privacy Policy. By using our services, participant acknowledge that hr/she has also read our Privacy Policy.

II. Your Trip

a) Registration

In order to use the Services, please provide us with your information by filling out a digital registration form as instructed on our registration page.

As a condition to your use of the Services, all information you provide shall be correct, current and complete.

In order to register, we require a 30% of total amount of the order.

The balance of total amount of the trip is due at least 30 days before the departure date of the trip concerned.

When you pay by credit/debit card, Moto Trails USA will charge to balance due, 30 days priod to departure date of your tour, with no additional authorization to proceed. Moto Trail USA will send you the notification and the invoice (if requested).

When picking up your rental bike, you should pay, at least the first day of ride, a $ 1,500 bond, to cover the cost of repair of any damages our motorcycle may suffer during your tour. This security deposit is in the form of a hold on your credit card.

A rental check-in the first day of used and check-out the last days of used, is made by and signed by Moto trails USA and the customer to avoid issues.

Before starting the tour, Participant should have read, approved and signed the PARTICIPANT AGREEMENT, WAIVER OF LIABILITY AND ASSUMPTION OF RISK’ document.

In the event of a dispute regarding ownership of a Customer’s registration, we reserve the right to determine ownership to a Customer’s registration based on our reasonable judgment, in our sole discretion, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a Customer’s registration until the parties disputing such ownership, reach a resolution, without liability to you or to any other party. We may request any documentation that may assist us in determining ownership.

b) Transfer of Reservation to a Third Party

The customer may transfer his reservation to any third party who meets the conditions required for the Raid.

In this case, the customer is required to inform MOTO TRAILS USA of the transfer of his reservation to a third party via any means of communication that allows for acknowledgment of receipt. This must be done no later than seven days before the start of the Raid, using the contact email address provided herein.

The customer and the third party assignee of the reservation will be jointly and severally liable with MOTO TRAILS USA for payment of the balance of the price, any additional costs that may be incurred as a result of this assignment, as well as any sum that will be charged to them in respect of the reservation in accordance with the present conditions (for example, the issue of any transport ticket that cannot be modified).

c) Cancellation

1. Cancellation by Customer

If you wish to cancel a tour you registered for, you must contact Moto Trails USA by writing an e-mail to Moto Trails USA at the e-mail address provided on the Website or filling a form at the contact page of our website. Cancellation terms are applied following the section ‘refund policy’.

2. Cancellation by Moto Trails USA

Failure to comply with any of the Terms and Conditions and/or to timely pay any due fee shall entitle Moto Trails USA to suspend (until full payment is made) or cancel your registration, as well as the provision of any related Services to you.

In addition, Moto Trails USA may cancel trips due any reason whatsoever by providing rider notice.

Whatever reason of this cancellation, MOTO TRAILS USA will only be liable to the participant for the amount of the registration fee actually paid. Should the start of the raid be postponed, MOTO TRAILS USA will immediately inform each participant of the new schedule. If the participant is unable to take part in the raid due to the change of date, he/she will have a maximum of eight (8) clear days to request reimbursement of the registration fees actually paid to MOTO TRAILS USA by e-mail, with acknowledgement of receipt. In all cases, participants will not be entitled to any compensation.

Cancellation insurance is strongly recommended.

d) Trip informations

The MOTO TRAILS USA website provides a detailed overview of the services included in and not included in the Tour package, as well as the corresponding price in US Dollars, excluding VAT and fees. The customer is required to refer to this description and indicate their acceptance by confirming their reservation.

The minimum number of participants required for each tour planned by Moto Trails USA, is four. It’s possible to request for specific dates to a Tour, or to personalize a tour with options, only for a group of 5 participants. The cost will be adjusted to options asked.

The level of difficulty associated with participation in a trip may vary depending on the specific elements outlined in the Trip description, including the itinerary and any additional conditions. It should be noted that the trips are offered for leisure purposes and are not intended to be competitive activities.

The route, and other elements of the trip will be organized and communicated prior to departure. However, Moto Trails USA reserve the right to discretionarily modify your trip due to bad weather, dangerous conditions, unavailability of hotels, lodging or other amenities or any other reason Moto Trails USA deems in its sole discretion sufficient to justify such modification.

It is the customer’s responsibility to take all necessary steps, including booking tickets for national and international flights or other transportations, to ensure their ability to travel to the Tour departure point and return home. In this instance, the customer is liable for all costs associated with these reservations. In the event that MOTO TRAILS USA cancels the Tour due to insufficient participant numbers or for any other reason, the customer will be held liable for any cancellation costs incurred if they have issued an airline ticket. In all cases, participants will not be entitled to any compensation.

MOTO TRAILS USA is not liable for the customer’s reservation of transportation with the carriers, nor for the carriers’ performance of their services.

MOTO TRAILS USA cannot be held liable for any delays or incidents related to international or national transportation. It is the customer’s responsibility to ensure their own transportation to arrive at the start of the raid on time, in accordance with the conditions previously communicated. In the event of an unforeseen delay or cancellation, the customer is responsible for ensuring their own transportation to rejoin the group at their own expense.

MOTO TRAILS USA is not responsible for providing any passport, visa, ESTA, or vaccination services that may be required to enter the territory where the Raid takes place.

MOTO TRAILS USA hereby notifies the customer of the obligation to update vaccinations and to proceed with the administrative procedures required to obtain a valid passport, visa and ESTA. It is the customer’s responsibility to complete these procedures in a timely manner.

It is the customer’s responsibility to check and keep abreast of the time required to obtain visas, the validity of the documents to be provided for entry into the country, and/or the vaccinations that are applicable in his or her particular case. Additionally, the customer is responsible for ensuring that the information provided to him or her by MOTO TRAILS USA is accurate and up to date.

These conditions are decisive for participation in the tour. The customer who is informed shall be solely responsible for failure to comply with the conditions relating to obtaining mandatory documents, visas, ESTA, and/or vaccinations. In the event of such failure, the customer will not be able to take action against Moto Trails USA.

MOTO TRAILS USA is not responsible for providing any visa, ESTA, or vaccination services that may be required

III. Insurance

As a condition to riding our motorcycles and using our Services, you must carry sufficient personal liability insurance. In the event you do not carry such insurance, you may purchase it from a provider.

MOTO TRAILS USA does not directly offer insurance to customers for their Tour, but can provide guidance on suitable options.

It is strongly recommended that you take out cancellation insurance.

It is compulsory to present repatriation/assistance insurance to MOTO TRAILS USA at the latest on the day of the start of the Raid.

MOTO TRAILS USA is not liable for any failure by the customer to obtain adequate insurance coverage.

IV. Services

a) Using services

By using our Services, you agree to abide by the Terms and Conditions and not to use the Services, or any part thereof in any manner not expressly permitted by these Terms and Conditions. Except for the rights expressly granted to you in the Terms and Conditions, Moto Trails USA grants no right, title, or interest to you in the Services.

Additionally, you agree and undertake to allow Moto Trails USA and its business partners to provide advertisement and other information to you.

b) Restriction on Use

You acknowledge and agree that you are solely responsible for (and that Moto Trails USA has no responsibility to you or to any third party for) any breach of your obligations under the Terms and Conditions and for the consequences (including any loss or damage which the Moto Trails USA may suffer) of any such breach.

All activities performed by anyone authorized, directly or indirectly and expressly or tacitly, by you to use your Customer registration shall be deemed to have been performed on your behalf and in your name and you are hence solely and fully responsible for such activities and their consequences, including but not limited to any prejudice that may be caused.

If you violate these Terms and Conditions and/or Moto Trails USA has a reasonable ground to suspect that you have violated these Terms and Conditions, Moto Trails USA has the right to suspend or terminate your registration and refuse any and all current or future use of the Services (or any portion thereof).

Furthermore you agree not to use the Services or Content to:

upload, post, email, or otherwise transmit any material that is malicious, unlawful, derogatory, defamatory, obscene, or offensive, such as slurs, epithets, or anything that might reasonably be construed as harassment or disparagement based on race, color, national origin, sex, sexual orientation, age, disability, religious or political beliefs, or other statutorily protected status;

use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;

upload, insert, collect or otherwise make available within our website, any malicious, unlawful, defamatory or obscene content;

circumventing or blocking advertisements on our website, or creating or distributing tools designed to block advertisements on our website;
act in a manner which might be perceived as damaging to Moto Trails USA reputation and goodwill or which may bring Moto Trails USA into disrepute or harm;

purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Moto Trails USA or any trademarks owned by Moto Trails USA and/or variations and misspellings thereof;

impersonate any person or entity or provide false information on the Services, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to Moto Trails USA and/or any other users;

falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Moto Trails USA or any third party endorses you, your business, service or products, or any statement you make;

reverse look-up, trace, or seek to trace another customer of Moto Trails USA, or otherwise interfere with or violate any other customer’s right to privacy or other rights, or harvest or collect personally identifiable information about Moto Trails USA’ customers without their express and informed consent;

upload to our website or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;

“stalk” or otherwise harass another;

sell, license, or exploit for any commercial purposes any use of or access to the Services, except as expressly permitted by these Terms and Conditions

violate, attempt to violate, or otherwise fail to comply with any of the Terms and Conditions or any laws or requirements applicable to your use of the Services and/or our website.

access or use our services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.

You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your registration and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.

V. Right of use images

I authorize the MOTOTRAILS USA team to photograph and film me as part of my participation in the Moto Trails USA Tour, and to use my image.

In accordance with the provisions relating to the right to image, I hereby authorize MOTOTRAILS USA to take, reproduce, and communicate to the public the photographs or films taken as part of this document.

All elements produced may be exploited and used directly by MOTOTRAILS USA in any form and on any media, whether known or unknown, worldwide, without time limit, in full or in extracts. This includes, but is not limited to, the following: Social networks, website, press, book, postcard, exhibition, advertising, public screening, and other media…

MOTOTRAILS USA expressly agrees not to exploit any media that could be detrimental to me. I confirm that I am fully satisfied with my rights and that I cannot claim any remuneration for the exploitation of the rights referred to herein.

I guarantee that I am not bound by an exclusive contract relating to the use of my image or my name.

In the event of any dispute arising from the interpretation or execution of the present agreement, I agree that the American courts shall have exclusive jurisdiction.

VI. Service Fees

a) Paid Services

All applicable prices of the Services will be notified to you prior to your purchase of said Services. Such prices are subject to change at any time by us in our sole discretion.

Additionally, to the extent that we offer a promotion in connection with any particular item, the terms of such offer may be set forth in a separate document that shall govern its applicability (and, in the event of a conflict herewith, be considered the governing document).

You will be responsible for the prices stated at the time of your transaction, as well as any sales, use, excise, and related taxes that may apply to your purchase, whether at the time of your purchase or at a different time.

Payment may only be made with a valid credit, debit card, or use of a bank transfer payment.

By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.

As part of registering or submitting information to receive paid Services, you also authorize Moto Trails USA (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries Moto Trails USA may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).

b) Invoice

Moto Trails USA will issue an invoice or credit memo for any payment of fees or refund made to or by Moto Trails USA. Each Invoice will be issued in electronic form and will be made available to you by e-mail. For the purpose of issuing the Invoice, you may be required to furnish certain Personal Information (as such term is defined in the Privacy Policy) in order to comply with local laws. Please note that the Invoice presented in your email may be inadequate with your local law requirements, and in such case may be used for pro forma purposes only.

c) Refund Policy

If the registered participant cancels his/her participation in a tour, for any reason whatsoever, in all cases, cancellation fees based on the departure date of the tour concerned, will be applied as follows:

-No cancelation fee shall be due for any cancellation received by Moto Trails USA at least 91 days prior to departure of your trip.

-In the case of cancelation is received by Moto Trails USA between 90 days and 61 days prior to departure of your trip, Cancellation fee are 30% of the total registration fee. All or part of the amount paid may be credited towards activities offered by MOTO TRAILS USA, up to a limit of 18 months from the effective date of cancellation, subject to validation by MOTO TRAILS USA.

-In the case of cancelation is received by Moto Trails USA between 60 days and 31 days prior to departure of your trip, a 30% of the total registration fee + all expenses done for organization of your trip, will be due by the participant registered.

-In the even your cancelation is received by Moto Trails USA 30 days or less prior to departure, 100% of the total registration fee is due.

In all cases, participants will not be entitled to any compensation.

d) Chargebacks

If, at any time, we record a decline, chargeback or other rejection of a charge of any payable fees on your account, this will be considered as a breach of your payment obligations hereunder, and your use of the Services may be automatically disabled or terminated.

In the event a Chargeback is performed, your registration may be blocked without the option to re-purchase or re-use it, and any data contained in such account, including any domains, applications may be subject to cancellation.

Your use of the Services will not resume until you pay any applicable fees in full, including any fees and expenses incurred by Moto Trails USA for each Chargeback received (including fees for Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).

VII. Disclaimer of Warranties

WE PROVIDE THE SERVICES ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, NON-INFRINGEMENT, OR ANY OTHER WARRANTY – ALL TO THE FULLEST EXTENT PERMITTED BY LAW. WE SPECIFICALLY DO NOT REPRESENT OR WARRANT THAT THE SERVICES (OR ANY PART, FEATURE OR CONTENT THEREOF) AND ANY INFORMATION ON THE WEBSITE ARE COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE OR SECURE IN ANY WAY, SUITABLE FOR OR COMPATIBLE WITH ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT THEY WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU (INCLUDING IN ANY JURISDICTION IN WHICH YOU OPERATE), OR THAT THEIR OPERATION WILL BE FREE OF ANY VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS OR PROGRAM LIMITATIONS. MOREOVER, WE DO NOT ENDORSE ANY ENTITY, PRODUCT OR SERVICE (INCLUDING ANY THIRD PARTY SERVICES) MENTIONED ON OR MADE AVAILABLE VIA THE SERVICES AND/OR THE WEBSITE – SO PLEASE BE SURE TO VERIFY THOSE BEFORE USING OR OTHERWISE ENGAGING THEM

YOU ACKNOWLEDGE THAT THERE ARE RISKS IN USING THE SERVICES, AND THAT MOTO TRAILS USA CANNOT AND DOES NOT GUARANTEE ANY SPECIFIC OUTCOMES FROM SUCH USE AND/OR INTERACTIONS, AND YOU HEREBY ASSUME ALL SUCH RISKS, LIABILITIES AND/OR HARM OF ANY KIND ARISING IN CONNECTION WITH AND/OR RESULTING FROM SUCH INTERACTIONS. SUCH RISKS MAY INCLUDE, AMONG OTHERS, MISREPRESENTATION OF INFORMATION ABOUT AND/OR BY THIRD PARTY SERVICES AND/OR CONTENT, BREACH OF WARRANTY AND/OR CONTRACT, VIOLATION OF RIGHTS, AND ANY CONSEQUENT CLAIMS.

YOU ACKNOWLEDGE THAT MOTO TRAILS USA IS NOT RESPONSIBLE FOR YOUR COMPLIANCE WITH ANY LAW APPLICABLE TO YOUR DIRECT AND/OR INDIRECT USE OF THE SERVICES.

VIII. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW IN EACH APPLICABLE JURISDICTION, MOTO TRAILS USA, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES AND/OR AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DAMAGES RESULTING FROM:

THE USE OR THE INABILITY TO USE THE SERVICES;
ERRORS, MISTAKES, OR INACCURACIES OF OR IN ANY CONTENT;
ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE WEBSITE,
YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM MOTO TRAILS USA;
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES OR OUR WEBSITE;
ANY PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO YOUR USE OF THE SERVICES;
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY;
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES;
EVENTS BEYOND THE REASONABLE CONTROL OF MOTO TRAILS USA, INCLUDING ANY INTERNET FAILURES, EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EARTHQUAKES, EXPLOSIONS, ACTS OF GOD, PANDEMICS; WAR, TERRORISM, INTERGALACTIC STRUGGLES, GOVERNMENTAL ACTIONS, ORDERS OF COURTS, AGENCIES OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES; AND/OR
LOSS OF USE, DATA, PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM THE USE OR THE INABILITY TO USE ANY OR ALL OF THE SERVICES.

YOU ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR THE SERVICES, AND SUCH LIMITATIONS WILL APPLY EVEN IF MOTO TRAILS USA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES.

If you believe a third party acted inappropriately or otherwise misused any of the Services and/or website, please immediately report such third party to us. You agree that your report shall not impose any responsibility or liability upon Moto Trails USA, and that Moto Trails USA may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.

IX. Indemnity

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS MOTO TRAILS USA, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS, DEBT AND EXPENSES (INCLUDING ATTORNEYS’ FEES) DUE TO OR ARISING OUT OF:

(1) YOUR VIOLATION OF ANY TERM OF THESE TERMS AND CONDITIONS;

(2) YOUR VIOLATION OF ANY LAW OF ANY JURISDICTION OR ANY THIRD PARTY RIGHT YOUR USE OF OUR SERVICES AND/OR WEBSITE.

X. General

a) Changes & Updates

Moto Trails USA reserves the right to change, suspend or terminate any of the Services or the website (or any features thereof, or prices applicable thereto), and/or cancel your access thereto (including removal of any materials created by you in connection with the Services) for any reason and/or change any of these Terms and Conditions with or without prior notice – at any time and in any manner. You agree that Moto Trails will not be liable to you or to any third party for any modification, suspension or discontinuance of those Services.

If any such changes involve the payment of additional fees, we will provide you with a notice of such fees prior to enabling such specific changes. If you fail or refuse to pay such fees, we may (at our sole discretion) cancel your registration (as further explained in Section 2 above).

b) Governing Law & Jurisdiction; Class Action Waiver

The Terms and the resolution of any dispute related to these Terms shall be construed in accordance with the laws of the State of California. Any dispute between the Company and you related to these Terms and Conditions shall be resolved exclusively by the state and federal courts of the State of California. The Services can be accessed from the United States and other countries worldwide. Since the laws of each State or country may differ, you agree that the statutes and laws of the State of California, without regard to any principles of conflicts of law, will apply to all matters relating to your access to or use of the Services. Moto Trails makes no representation that material on the services is appropriate or available for use in other locations, and accessing this information from territories where the content is illegal is prohibited. Those who choose to access the Services from other locations do so by their own initiative and are responsible for compliance with local laws.

Subject to any applicable law, all disputes between you and Moto Trails USA shall only be resolved on an individual basis and you shall not have the right to bring any claim against Moto Trails as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).

c) Notices

We may provide you with notices in any of the following methods: (1) via the website, including by a banner or pop-up within the website or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Moto Trails USA notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.

d) Relationship

These Terms and Conditions, and your use of the Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Moto Trails USA and you.

e) Entire Agreement

These Terms and Conditions, together with any other legal or fee notices provided to you by Moto Trails USA USA, shall constitute the entire agreement between you and Moto Trails USA concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between Moto Trails USA and you, including those made by or between any of our respective representatives, with respect to any of the Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of Moto Trails USA in contracting with Moto Trails USA.

f) Assignment

Moto Trails USA may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Services and/or website to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of Moto Trails USA. Any attempted or actual assignment thereof without Akius’ prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section ‎8.6 shall not in itself grant either Moto Trails or you the right to cancel any Services then in effect.

g) Severability & Waivers

If any provision of the Terms and Conditions is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the Terms and Conditions shall be deemed to be a waiver of any preceding or subsequent breach or default.

h) Interpretation

Any heading, caption or section title contained herein, is provided only for convenience, and in no way defines or explains any section or provision hereof, or legally binds any of us in any way.

These Terms and Conditions were written in English, and translated into other languages for your convenience. You may access and view other language versions by changing your language settings. If a translated (non-English) version of these Terms of Use conflicts in any way with their English version, the provisions of the English version shall prevail.