Motive Aero's Terms & Conditions
Motive Aero's Terms & Conditions
Motive Aero Online Store DOES NOT WARRANT THAT INFORMATION CONTAINED ON THE SITE WILL BE ACCURATE, RELIABLE OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. Motive Aero Online Store CANNOT BE HELD RESPONSIBLE FOR ERRORS AND OMISSIONS IN THE SITE AND RESERVES THE RIGHT TO MODIFY AND CORRECT ERRORS AT ANY TIME. MATERIAL ON THE SITE MAY ALSO CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS (INCLUDING PRICING ERRORS), AND MAY BE CHANGED, UPDATED OR MODIFIED AT ANY TIME AND FROM TIME TO TIME WITHOUT NOTICE; Motive Aero Online Store WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY SUCH INACCURACIES, ERRORS, CHANGES, OR UPDATES. Motive Aero Online Store MAY IN ITS SOLE DISCRETION ADD, DELETE, OR CHANGE SOME OR ALL OF ITS PRODUCTS AND SERVICES AT ANY TIME. Motive Aero Online Store has attempted to accurately depict the products offered on the Site. However, because the depiction of a product is dependent on your computer monitor, Motive Aero Online Store cannot guarantee that such depiction will be accurate. The products also may appear larger or smaller than their actual size depending on your monitor. Some photographs have been enlarged to show detail.
USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS EXPRESSLY SET FORTH BELOW OR IN A WRITTEN WARRANTY THAT ACCOMPANIES A PRODUCT (AND THEN ONLY WITH RESPECT TO SUCH PRODUCT), Motive Aero Online Store EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND AVAILABILITY) REGARDING THE SITE AND ANY PRODUCTS OFFERED OR AVAILABLE THROUGH THE SITE. THE SITE AND PRODUCTS AND INFORMATION ON THE SITE ARE PROVIDED ON AN 'AS IS-WHERE IS' BASIS. NEITHER Motive Aero Online Store NOR ITS SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SHAREHOLDERS, PREDECESSORS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, 'AFFILIATES') WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING DIRECTLY OR INDIRECTLY FROM USE OF THE SITE, THE INFORMATION CONTAINED ON OR TRANSMITTED FROM THE SITE OR PRODUCTS AVAILABLE OR PURCHASED THROUGH THE SITE, OR TRANSACTIONS CONDUCTED AT THE SITE, EVEN IF Motive Aero Online Store HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF Motive Aero Online Store OR ITS AFFILIATES ARISING DIRECTLY OR INDIRECTLY FROM THIS SITE OR ANY PRODUCTS AVAILABLE OR PURCHASED THROUGH THE SITE EXCEED THE LESSER OF THE AMOUNT PAID BY YOU TO Motive Aero Online Store FOR THE SINGLE PRODUCT AT ISSUE, OR ONE THOUSAND DOLLARS ($1,000). YOU HEREBY ACKNOWLEDGE THAT ALL THE PROVISIONS OF THIS SECTION WILL APPLY TO ALL USE OF THE SITE, THE INFORMATION CONTAINED ON THE SITE, AND PRODUCTS AVAILABLE OR PURCHASED THROUGH THE SITE, AND TRANSACTIONS CONDUCTED AT THE SITE.
Subject to the following arbitration provision these terms and conditions shall be governed by, construed and interpreted according to the laws of the State of Utah, and you and Motive Aero Online Store (the 'Parties') agree to and consent to the exclusive jurisdiction and venue of the courts in Washington County, Utah. Should a dispute arise between the Parties which cannot be resolved by the Parties in good faith negotiations, both Parties agree to submit such dispute to arbitration in Utah, before a single arbitrator familiar with the Uniform Commercial Code using the Commercial Rules of the American Arbitration Association, with the following modifications to be enforced by the arbitrator consistent with Utah law:
(a) any such arbitration proceeding shall be confidential as to the existence, content, and results of the arbitration;
(b) depositions shall not exceed two (2) per party and all must be completed within a single day;
(c) document requests are limited to no more than ten (10) clearly identified categories of documents which must be provided to the requesting party within five (5) business days of the request;
(d) each party shall have no more than eight (8) hours to present its position; and
(e) the entire hearing shall last no longer than three (3) business days.
The award, if any, shall be rendered no more than thirty (30) days following the end of the proceeding. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction. Both Parties expressly agree that any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Each party shall bear its own attorneys' fees and costs in connection with the proceedings and shall share equally the fees and expenses of the arbitrator.