Updated and Effective as of April 27th, 2022.
Important! Please carefully read these Terms of Use (“Terms”), including the mandatory arbitration provision in Section 13, which requires that disputes are resolved by final and binding arbitration on an individual and not a class-wide or consolidated basis.
These Terms constitute a binding agreement between you and Serengeti Ventures LLC (“Serengeti,” “we,” “us,” or “our”), governing your use of our Motto mobile app and website, and any other website, mobile or other app, product, feature, or other service offered by us that posts a link to or otherwise provides these Terms (collectively, the “Services”). In addition, certain of the Services are governed by additional, service-specific terms (collectively, the “Supplemental Terms”), including without limitation the Community & Profile Guidelines and Purchase Terms. The Supplemental Terms are incorporated into these Terms by reference. To the extent there is a conflict between these Terms and any applicable Supplemental Terms, the Supplemental Terms will control with respect to the corresponding Service.
By accessing, downloading, purchasing, subscribing to, and/or using the Services, you agree to be bound by these Terms and, where applicable, the Supplemental Terms. Your use of the Services is also governed by our Privacy Policy. If you do not agree to these Terms, any applicable Supplemental Terms, or our Privacy Policy, do not access, download, purchase, subscribe to, or otherwise use our Services.
You must be at least 18 years of age or the age of majority in the jurisdiction in which you reside in order to register for an account (“User Account”) with us, and by registering, you represent and warrant that you are eligible for a User Account under this provision.
You are responsible to ensure that all information you submit in connection with the registration and use of the User Account must be accurate and must be updated if it changes.
You must not permit others to use your User Account, nor may you use another person’s User Account. User Accounts are non-transferrable.
You are responsible for maintaining the confidentiality of your password. To the fullest extent allowed by law, all activity conducted in connection with your User Account will be your responsibility. You must immediately notify Serengeti of any unauthorized access or tampering of your User Account, or suspected breach of security.
The Services are not intended for data storage and should not be used for such storage. We have no responsibility to maintain or retain the data or other information you place in your User Account.
Serengeti does not conduct criminal or other background screenings of its users. We do not verify the information provided by users with respect to users’ identity, health, physical condition, or other topics. We are not responsible for activities or legal consequences of your use in locations which may attempt to criminalize or limit your personal interactions. You must make your own informed decisions about use of the Services in your location and assess any potential adverse consequences.
As a condition of your use of the Services, you agree that you will not, and will not encourage, permit, or assist any third party to, take any action or Upload any User Content (as such terms are defined in Section 3) on or via the Services that:
Violation of these provisions may result, in our sole discretion, in the deletion of your submissions, the temporary suspension or permanent removal of your User Account, and/or our refusal of additional Services to you.
You are solely responsible for your interactions with any other users and third parties with whom you interact. Notwithstanding the foregoing, we reserve the right (but have no obligation) to intercede in any disputes that arise out of those interactions. You agree that Serengeti is not and will not be responsible for any liability incurred as the result of your interactions with other users or third parties. We do not approve, endorse, or make any representations or warranties with respect to User Content. You use all User Content and interact with other users at your own risk.
Except with respect to User Content, Serengeti, its licensors, or suppliers own all rights, title, and interest in and to the Services, and all copyrights, trademarks, patents, trade secrets, and other intellectual property rights embodied therein, whether or not applied for or registered, including but not limited to the following: names, logos, text, graphics or other artwork, icons, photos, products, digital downloads, sound recordings, audiovisual materials or effects, titles, themes, objects, animations, musical compositions, moral rights, documentation, data compilations, computer code or software, features, and functionality of the Services, and any compilation of the foregoing (collectively, “Serengeti Content”). The Serengeti Content is protected by United States and international laws. The Serengeti Content and the User Content are collectively referred to in these Terms as “Content.”
You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website, app, or other service; or in any way exploit any of the Serengeti Content, in whole or in part, except as set forth in these Terms, without our prior, written, and specific permission.
Subject to your compliance with these Terms and any applicable Supplemental Terms, Serengeti grants to you a limited, revocable, non-exclusive, non-transferable license to engage in the following activities for non-commercial purposes only:
The foregoing license does not include any right to modify, publish, participate in the transfer or sale of, reproduction, or creation of derivative works from the Serengeti Content or the Services, except as and only to the extent expressly stated above.
You and other users may have the ability to upload to, transmit through, or otherwise make available (collectively, “Upload”) through the Services messages, audio, video, photographs, files, data, reviews, discussions in community forums, or other materials (collectively, “User Content”). You are solely and entirely responsible for User Content that you Upload using the Services. You acknowledge that other users of the Services, and not Serengeti, are similarly responsible for all User Content they Upload using the Services. You agree that you have no right, title, or interest in or to any Content that you have not Uploaded that appears on or through the Services.
You acknowledge that Serengeti has no obligation to pre-screen, monitor, or investigate User Content, but that it reserves the right to do so.
Subject to any applicable User Account settings that we may choose to make available to you, and which you may then choose to select, you grant to Serengeti a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right (including any moral rights) and license to use, distribute, reproduce, modify, adapt, translate, create derivative works of, publicly perform, and publicly display your User Content, in whole or in part, together (at Serengeti’s option) with the names and likenesses of any persons identifiable therein, in any form, media, or technology now known or later developed, for the purposes of operating and providing the Services and their services to you and to other users. Notwithstanding the foregoing, with respect to User Content that is provided to Serengeti solely for the purpose of incorporating such User Content into a product or service ordered by you, you grant such right to Serengeti for the sole purpose of making and delivering products and services ordered by you.
Except as otherwise described in our Privacy Policy, any User Content will be treated as non-confidential and non-proprietary and we will not be liable for any use or disclosure of User Content. You acknowledge and agree that your relationship with Serengeti is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any User Content does not impose any confidentiality obligations on Serengeti.
It is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested, to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Serengeti does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted and you agree that any such ideas transmitted to Serengeti are included in the above license you grant to Serengeti for any User Content.
You agree and understand that we are not obligated to post, keep, or use your User Content.
You represent and warrant that you are the owner of all rights, title, and interest in and to the User Content you Upload (or such User Content is in the public domain), or otherwise have all rights necessary to grant the license provided for in these Terms, including without limitation that any other holder of any worldwide intellectual property right, including moral rights (to the extent allowed by applicable law), in the User Content you Upload, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You further warrant that the User Content you Upload is accurate, does not violate these Terms, and will not cause injury to any person or entity.
In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), Serengeti has a designated agent for receiving notices of copyright infringement, and we follow the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512:
Please send this information to our Copyright Agent:
Copyright Agent
Serengeti Ventures LLC
5940 S. Rainbow Blvd, Suite 400
Pmb 88313
Las Vegas, NV 89118
Phone: 305-204-0426
Email: legal@findmotto.com
If you believe that any content on the Services violates your exclusive rights other than copyrights, please provide us at least the following information: (a) your physical or electronic signature; (b) identification of the material that you claim is infringing your exclusive rights and information reasonably sufficient to permit us to locate the material; (c) an explanation of the exclusive rights that you own/have and why the you believe the content infringes those rights, sufficient for us to evaluate the complaint; and (d) accurate contact information for you. Please send your complaint to: legal@findmotto.com.
It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
Any sweepstakes, contests or other promotions (any, a “Promotion”) that may be offered via the Services may be governed by a separate set of rules that may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the Promotion, use of User Content, and disclosures about how your personal information may be used. It is your responsibility to read these rules to determine whether or not you want to and are eligible to participate, register and/or enter, and to determine the applicable terms and conditions of the Promotion. By participating in a Promotion, you will be subject to those official rules, and you agree to comply with and abide by such rules and the decisions of the identified sponsor(s).
There may be links from the Services, or communications you receive from the Services, to third party sites or services. The Services may also include third party content that we do not control, maintain, or endorse. Accessing third party sites, services, or content may require you to leave the Services. We do not control those third party sites, services, or content and you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party sites, services, or content, including, without limitation, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising therefrom.
Some of the Services are accessible from countries around the world and may contain references to Services that are not available in your country. These references do not imply that we intend to announce such Services in your country. The Services are controlled and offered by us from our facilities in the United States. We make no representations that the Services are appropriate or available for use in other countries. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.
Serengeti does not have an obligation to monitor User Accounts, User Content, or users’ activities on or use of the Services, including messaging between users. However, Serengeti reserves the right to do so for any purpose at any time, with or without notice or liability to you. We reserve the right to investigate User Content, as well as violations of these Terms and any applicable Supplemental Terms, including by requesting evidence of your rights in and to the User Content. Serengeti reserves the right to refuse and/or remove any Content for any reason it deems, in its sole discretion, to be appropriate. By using the Services, you irrevocably consent to such investigations.
We reserve the right to suspend or terminate your access to all or some of our Services, with or without notice, and with or without refund, if we, in our sole discretion, determine that you are in breach of these Terms or any applicable Supplemental Terms or have engaged in conduct that we, in our sole discretion, deem inappropriate. We may also suspend or terminate your access to all or some of our Services, with or without notice, for our convenience, subject to any applicable refund policies.
In the event of suspension or termination by Serengeti, we may delete or change your password(s) associated with any User Account you may have with the Services; delete or change your User Account for such Services, including deleting your User Content; and bar your further use of such Services, as well as that of anyone sharing your email address, payment information, and/or physical address. You understand that such actions may be taken without any liability whatsoever to you for any suspension or termination, including for deletion of User Content.
All provisions of these Terms and any applicable Supplemental Terms which by their nature should survive termination, will survive termination of your access to the Services, including without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
If your access to Services is terminated under these Terms, then you agree that you will not attempt to re-register with or access the Services through use of a different username or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those of our Services to which your access has been terminated. In the event that you violate the immediately preceding sentence, we reserve the right, in our sole discretion, to immediately take any or all of the actions set forth in these Terms without any notice or warning to you.
We reserve the right to change these Terms and the Supplemental Terms at any time without prior notice. When we make changes, the new Terms and Supplemental Terms will be made available via the Services. We may also provide notice to you in other ways, such as through contact information you have provided. Your continued use of any of the Services after the effective date of the revised Terms and/or Supplemental Terms as applicable (or engaging in such other conduct as we may reasonably specify) will constitute your consent to those changes to the fullest extent allowed by applicable law.
We may modify, suspend, or discontinue any aspect of the products or services we offer through the Services (including, the Service as a whole), at any time for any reason, with or without notice to you, including the availability of any Service, or any feature or Content of a Service.
To the fullest extent permitted by law, you agree to indemnify and hold Serengeti, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the "Serengeti Parties") harmless from any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of: (a) your User Content; (b) your use of, or inability to use, the Services; (c) your violation of these Terms or any applicable Supplemental Terms; (d) your violation of any rights of another party, including other users; or (e) your violation of any applicable laws, rules, or regulations.
We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
This provision does not require you to indemnify any of the Serengeti Parties for any unconscionable commercial practice by such party or for such party's fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services provided under these Terms. You agree that the provisions in this Section 10 will survive any termination of your account, these Terms or any applicable Supplemental Terms, or your access to the Services.
You expressly understand and agree that to the extent permitted by applicable law, your use of the Services is at your sole risk, and the Services are provided on an "as is" and "as available" basis, with all faults. We reserve the right to amend errors and update Service information at any time without prior notice. The Serengeti Parties expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose and non-infringement arising from use of the Services.
The Serengeti Parties make no warranty, representation or condition that: our Services will meet your requirements; your use of our Services will be uninterrupted, timely, secure or error-free; that defects will be corrected; that the Services are free of viruses or other harmful components; or that the materials of the Services are correct, accurate, or reliable.
Any content downloaded from or otherwise accessed through our Services is accessed at your own risk, and you will be solely responsible for any damage to your property, including, but not limited to, your computer system and any device you use to access the Services, or any other loss that results from accessing such content.
Our Services may be subject to delays, cancellations and other disruptions. The Serengeti Parties make no warranty, representation or condition with respect to the Services, including but not limited to, the quality, effectiveness, reputation and other characteristics of the Services.
To the fullest extent permitted by applicable law, the Serengeti Parties assume no responsibility for the timeliness, deletion, mis-delivery, or failure to store any content, User Content, user communications, or personalization settings.
You agree that in no event will the Serengeti Parties be liable for any loss of profits, revenue or data, indirect, incidental, special, or consequential damages arising out of or in connection with our Services, or damages or costs due to loss of production or use, procurement of substitute services, whether or not you have been advised of the possibility of such damages, arising out of or in connection with these Terms, the Services, or from any communications with other users thereof, on any theory of liability, resulting from: (1) the use or inability to use the Services; (2) the cost of procurement of substitute services; (3) conduct of any third party on the Services; or (4) any other matter related to the Services, whether based on warranty, copyright, contract, or any other legal theory.
To the fullest extent permitted by applicable law, under no circumstances will the Serengeti Parties be liable to you for more than the greater of (a) the total amount paid to Serengeti by you in connection with the Services during the twelve (12) months immediately preceding the date of your claim or (b) fifty U.S. dollars (US$50.00). The foregoing cap on liability will not apply to liability of a Serengeti Party for any injury caused by a Serengeti Party's fraud or fraudulent misrepresentation.
You agree that in the event you incur any damages, losses or injuries that arise out of Serengeti’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any Service, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any Service owned or controlled by the Serengeti Parties, provided that nothing in these Terms will restrict a California resident’s right under applicable law (if any) to seek public injunctive relief otherwise in accordance with the Arbitration Agreement set out below.
By accessing a Service, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of Section 1542 of the Civil Code of California, and any similar law of any state or territory, which provides as follows: "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."
The limitations of damages set forth above are fundamental elements of the basis of the bargain between Serengeti and you.
You agree that any dispute or claim relating in any way to your access or use of the Services, to these Terms or any Supplemental Terms, or to any aspect of your relationship with Serengeti, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or the Serengeti Parties may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement will apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms or any prior version of this Arbitration Agreement.
If you agree to arbitration, you are agreeing in advance that you will not participate in or seek to recover monetary or other relief in any lawsuit filed against the Serengeti Parties alleging class, collective, and/or representative claims on your behalf. Instead, by agreeing to arbitration, you may bring your claims against the Serengeti Parties in an individual arbitration proceeding (except for any Batch Arbitration, as described below). If successful on such claims, you could be awarded money or other relief by an arbitrator. You acknowledge that you have been advised that you may consult with an attorney in deciding whether to accept these terms, including this Arbitration Agreement.
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
To begin a claim, you must first send a letter describing your claim in detail, including your name and contact information, your legal claim, the specific facts giving rise to your claim (including the date(s) and amount(s) of any relevant transaction or interaction with us), and the requested relief) to our registered agent, Paracorp Incorporated, 2140 S Dupont Hwy, Camden, Delaware 19934. You and we agree to attempt in good faith to negotiate an informal resolution of your claim. If a resolution is not reached within thirty (30) days, you may commence an arbitration action as set forth herein. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys' fees and interest, will be subject to JAMS's most current version of the Streamlined Arbitration Rules and procedures available at https://www.jamsadr.com/rules-streamlined-arbitration/; all other claims will be subject to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures, available at https://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS's rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Serengeti will be entitled to make an offer of judgment in the arbitration proceeding. If the offer of judgment is not accepted, and the award is not more favorable than the unaccepted offer, you will be solely responsible for all costs incurred by Serengeti after the offer of judgment is made to the extent permitted by applicable law. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
If the arbitrator finds that you cannot afford to pay JAMS's filing, administrative, hearing and/or other fees, and you cannot obtain a waiver from JAMS, Serengeti will pay them for you. If the arbitrator determines the claims are frivolous, you agree to pay Serengeti’s attorneys’ fees and costs in the arbitration, to the extent permitted by applicable law.
The arbitrator, and not any federal, state or local court or agency will have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Serengeti. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and these Terms (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
You and Serengeti hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and Serengeti are instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in Section 17(a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Except with respect to Batch Arbitration (as defined below), all claims and disputes within the scope of this Arbitration Agreement must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes will be resolved in a court as set forth in Section 14.
You and Serengeti agree that, in the event that there are fifty (50) or more individual requests for arbitration of a similar nature filed against Serengeti within an approximately thirty-day period (or otherwise in close proximity), JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that – in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration – (s)he may group demands for arbitration into groups of not fewer than twenty (20) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a “Batch Arbitration”). You and Serengeti agree (1) to work with JAMS in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (2) that requests for arbitration are of a “similar nature” if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision shall in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section.
You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: legal@findmotto.com within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your username with our Services (if any), the email address you used to set up your User Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed and the remainder of the Arbitration Agreement will continue in full force and effect.
This Arbitration Agreement will survive the termination of your relationship with Serengeti.
Notwithstanding any provision in these Terms to the contrary, we agree that if Serengeti makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice to Serengeti.
To the extent the parties are permitted to initiate litigation in a court, both you and Serengeti agree that all claims and disputes arising out of or related to these Terms or any Supplemental Terms will be litigated exclusively in the state or federal courts located in New York County, State of New York.
These Terms, the Supplemental Terms, and any action related to them will be governed and interpreted by and under the laws of the State of New York, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or any Supplemental Terms.
The Services include features and services that are available to you via your mobile phone or other mobile device, including the ability to Upload User Content to the Services, receive messages from the Services (including, without limitation, push messages), and download applications to your mobile phone (collectively, the "Mobile Features"). We may charge for Mobile Features. Also, standard messaging, data and other fees may be charged by your carrier. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
If you have registered for Mobile Features that utilize your mobile number, you agree to notify Serengeti of any changes to or deactivation of your mobile number and update your User Account(s) to reflect this change.
You acknowledge and agree that the availability of any apps we may offer (“Apps”) are dependent on the third party from whom you received the App license (e.g., Apple App Store or Google Play Store) ("App Store"). You acknowledge that these Terms are an agreement between you and us, and not with the App Store. We, not the App Store, are solely responsible for the Services, including the Apps, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Apps, you must have Internet access, including in some cases, wireless network services. You agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the Apps. You agree to comply with, and your license to use the Apps is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store's terms and policies) when using our Services, including the Apps. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of these Terms and will have the right to enforce it.
The following applies to any App accessed through or downloaded from the Apple App Store (an “Apple-Sourced App”):
The communications between you and us use electronic means, whether you visit the Services or send us emails or other electronic communications, or whether we post notices on the Services or communicate with you via email or other electronic communications. You (1) consent to receive communications from us in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Serengeti provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
These Terms and any applicable Supplemental Terms, and your rights and obligations under each, may not be assigned, subcontracted, delegated or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Serengeti may assign its rights and duties under these Terms or any Supplemental Terms to any party at any time without any notice to you.
Serengeti will not be liable for any delay or failure to perform, including failure to deliver purchased Services, resulting from causes outside its reasonable control, including, but not limited to, acts of God, epidemic, pandemic, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
If you have any questions, complaints or claims with respect to the Services, please contact us at: contact@findmotto.com.
Any waiver or failure to enforce any provision of these Terms or any applicable Supplemental Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
If any portion of these Terms or any applicable Supplemental Terms is held invalid or unenforceable, that portion will be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions will remain in full force and effect.
These Terms together with any applicable Supplemental Terms are the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter. As used in these Terms, "including" means "including without limitation."