Website Policies | Terms and Conditions
MOTORESS (“MOTORESS”, “we”, “us”, “our”) welcomes you to our website. This Terms of Use applies to this website (the “Website”). Please read the following Website terms of use (“Terms of Use”) before using the Website. By accessing and using the Website, you agree to be bound by all the Terms of Use set forth herein. If you do not agree with these Terms of Use, your sole recourse is to leave the Website immediately.
OWNERSHIP / RESTRICTIONS ON USE
The Website is owned and operated by MOTORESS® / Vicki Gray. Any and all content, data, graphics, photographs, images, audio, video, software, trademarks, service marks, trade names and other information (collectively, the “Content”) contained in this Website are proprietary to MOTORESS, its affiliates and/or third-party licensors. The Content is protected by Canadian and international copyright and trademark laws.
Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content without the express prior written consent of MOTORESS. Reproduction of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of MOTORESS.
Furthermore, all marks, graphics, typefaces, trademarks and logos appearing on the Website are trademarks or trade dress of MOTORESS or are used under licence by MOTORESS. No licence to any MOTORESS or INTERNATIONAL FEMALE RIDE DAY intellectual property has been granted by your use of this Website. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.
To obtain written consent for any of the above, please contact us via our contact form.
REGISTRATION AND PASSWORDS
To access certain portions of the Website, you may be asked to complete an online registration form. In consideration for your use of this Website and the services provided on it, you agree to provide true, current, complete, and accurate information as requested on any registration form to which this Website may direct you, and to update that registration information as soon as possible after any information on such registration form changes.
As part of the registration process, you may choose or be given a password and user name. You alone are responsible for keeping that password and user name confidential, and for any and all activity that occurs on this Website under such password or user name. You agree to immediately notify MOTORESS of any unauthorised use of your password or user name or any other breach of security.
USER CONDUCT
As a condition of your continued access to and use of this Website, you agree to abide by all applicable federal, provincial, territorial, and other laws and regulations. In addition, without limiting the foregoing, you agree not to:
- a) e-mail, text, post, upload or otherwise transmit any material through the Website that:
(i) constitutes unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(ii) infringes any patent, trade-mark, trade secret, copyright or other proprietary or privacy rights of any party;
(iii) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, racially ethnically or otherwise objectionable; or
(iv) contains any form of destructive software such as a virus, worm, Trojan horse, time bomb, cancelbot, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
b) e-mail, text or otherwise transmit any material through the Website without the recipient’s consent;
c) harvest or otherwise collect or store any information (including personal information) about other users of the website, including e-mail addresses, without the express consent of such users;
d) for the purposes of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the website;
e) impersonate any person or entity, including but not limited to, a MOTORESS employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
f) attempt to gain unauthorised access to the Website, other computer systems or networks connected to the Website, through password mining or any other means;
g) interfere with or disrupt networks or servers connected to the Website or violate the regulations, policies or procedures of such networks;
h) use, download or otherwise copy, or provide to any person or entity any Website users directory or other user or usage information or any portion thereof other than in the context of your use of the Website; and
i) facilitate or encourage any of the above conduct.
The foregoing is hereinafter referred to as the “Code of Conduct”.
DESCRIPTIONS AND TERMS OF PURCHASE
While we attempt to provide an accurate description of the vehicles and other products on this Website, we do not warrant the accuracy, completeness, reliability, or currency of such descriptions. The information contained on this Website is intended only to provide a general indication of our products and pricing. Retailers are free to set individual prices. Prices and specifications including standard features, accessories, equipment, options, and colours are subject to availability and reserves the right to revise pricing and/or specifications at any time, without notice.
It is our goal to provide increased value to you, our visitors. Therefore, the Website might offer you links to other sites on the Internet that are third parties that are not affiliated with us. Please understand that such linked websites are independent from MOTORESS and that MOTORESS has no control over the content of such Websites. Consequently, MOTORESS cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such Websites.
LINKS
In an attempt to provide increased value to our visitors, MOTORESS however, may provide links to its sponsoring manufacturers and distributors from its own site. Note that not all links on our website imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorised to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.
MOTORESS has no control over these linked sites, all of which have separate privacy and data collection practices, independent of the MOTORESS. MOTORESS has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. Additionally, the MOTORESS may also link to third-party training sites. All linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, the MOTORESS seeks to protect the integrity of its web 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).
The MOTORESS’s sponsoring manufacturers and distributors may also display the MOTORESS website through frames or other pass-through templates.
You agree that no materials submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libellous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for the content of any materials you submit.
COLOURS
We have taken steps to display as accurately as possible the colours of products that appear on our Site. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.
FEES
MOTORESS provides the Website and related services at no cost. For mobile use, standard data, text message or other charges from your mobile carrier may apply. You are solely responsible for any costs incurred during your access and use of the Website and its services. Check with your mobile carrier for details on what charges may apply to you.
DISCLAIMER / LIMITATION OF LIABILITY
While MOTORESS makes all reasonable efforts to provide accurate information on this Website, there is no guarantee or warranty of accuracy. Furthermore, we do not assume any liability for the accuracy or completeness of information presented on this Website.
ACCORDINGLY, THIS WEBSITE, INCLUDING THE CONTENT AND SERVICES PROVIDED HEREIN, IS BEING PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MOTORESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MOTORESS DOES NOT WARRANT THAT THE FUNCTIONS ON THE WEBSITES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL MOTORESS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITES OR ANY CONTENT OR SERVICES, EVEN IF MOTORESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MOTORESS shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if MOTORESS has been advised of the possibility of such damages.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, OR CERTAIN LIMITATIONS ON IMPLIED WARRANTIES. ACCORDINGLY, THE EXCLUSIONS AND/OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
INDEMNITY
You agree to indemnify and hold harmless MOTORESS, its affiliates, members, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from your (or anyone acting under your password or user name) use of this Website, connection thereto, or any alleged violation by you of these Terms of Use, including, without limitation, the Code of Conduct.
PRIVACY
MOTORESS respects your right to privacy of your personal information. Please review our Website Privacy Policy for details on the way we collect, use, disclose and otherwise manage any of your personal information.
CHANGES AND TERMINATION
MOTORESS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Further, MOTORESS reserves the right to change these Terms of Use at any time and to notify you by posting an updated version of the Terms of Use on this Website. You are responsible for regularly reviewing the Terms of Use, including, without limitation, by checking the date of “Last Update” at the bottom of this document. Continued use of the Website after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Website constituting consideration from MOTORESS to you for so being bound. Your only right with respect to any dissatisfaction with (1) these Terms of Use (2) any policy or practice of ours in operating the Website or (3) any content available through the Website, is to stop visiting and using the Website.
APPLICABLE LAWS
These Terms of Use are governed by and construed in accordance with the laws of the Province of Ontario and of the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Toronto, Province of Ontario. If any provision of the present Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
These Terms of Use and any and all other legal notices or statements posted on the Website constitute the entire agreement between you and MOTORESS with respect to the use of the Website, including the Content.
DISCLAIMER RIDES AND EVENTS
You agree to indemnify and hold harmless MOTORESS, its affiliates, members, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from your attendance to any ride or event promoted, referenced or mentioned on this website.
MOTORESS has no control over and do not guarantee the (i) quality, safety, success, accuracy, or legality of any event or Site Content associated with an event, (ii) accuracy of any information provided by Users (including Feedback and Consumers’ personal information shared with Organisers in connection with events), or (iii) ability of any User to complete a transaction.
We are not liable for the acts or omissions of any third parties, including third parties that help us provide the Services, that an Organiser chooses to assist with an event, or that you choose to use or contract with when using the Services.
You must assume risks that are inherent in attending live events. Some events may carry inherent risk and by participating in those events, you choose to assume those risks voluntarily. For example, some events may carry risk of illness, bodily injury, disability, or death, and you freely and wilfully assume those risks by choosing to participate in those events.
Most events on our platform are not hosted by MOTORESS but if and when you participate in one that is, you assume all risks.
When you attend an event hosted by us, you waive any and all claims and causes of action against the MOTORESS / International Female Ride Day, Released Parties, the event producers and presenters, and their insurers, for liability, including for personal injury, property damage or wrongful death in connection with your attendance of the event.
MISCELLANEOUS
These Terms of Use are governed by and construed in accordance with the laws of the Province of Ontario and of the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Toronto, Province of Ontario. If any provision of the present Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
These Terms of Use and any and all other legal notices or statements posted on the Website constitute the entire agreement between you and MOTORESS with respect to the use of the Website, including the Content.
USE OF SOCIAL PLUGINS
One of the features of the Site is that a user has the ability to engage with social plugin (“plugins”) from the social network featured. When you access these social networks through our Site, your browser establishes a direct connection with the social platform’s servers. The content of the plugin (e.g. a “Like” button) is transferred by the social platform directly to your browser, which then integrates it into our Site. The data that your browser sends these various social platforms includes your user ID, the website you’re visiting, the date and time, and other browser-related information.
Last Update: 24 August 2023
CONTACT INFORMATION
If you have any questions or comments relating to our website, these Terms of Use or our Privacy Policy, please contact us
You may also send us your questions or comments by postal mail at:
MOTORESS (Global Office)
2255B Queen Street East, Suite 133
Toronto, Ontario M4E 1G3
Canada