MOTIVE ARCHIVE TERMS AND CONDITIONS

Terms ofService

These Terms of Service (“Terms”) govern your access to and use of our services. By using our services, you agree to comply with and be bound by the following terms. Please read them carefully.

Last Updated: March 20, 2025

1. Introduction and Acceptance

1.1 Purpose

These Terms of Service ("Terms") govern your access to and use of Motive Archive and its related services (collectively, the "Service"). Please read these Terms carefully before using the Service.

1.2 Acceptance

By accessing or using Motive Archive, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.

1.3 Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Service. If you are accessing the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Definitions

2.1 Key Terms

  • “Service” refers to Motive Archive, including all features, functionalities, and user interfaces
  • “User” refers to any individual or entity with a registered account
  • “Content” includes all text, images, videos, documents, and other materials uploaded to the Service
  • “Collection Manager” refers to individuals granted specific access rights to manage vehicle collections
  • “Vehicle Data” includes all information related to vehicles stored in the Service
  • “Subscription” refers to the paid access to the Service based on the number of vehicles
  • “Gallery” refers to shareable collections of vehicle-related content
  • “Account” means a registered user profile on the Service

3. Service Description

"Service" refers to Motive Archive, including all features, functionalities, and user interfaces.

4. User Rights and Responsibilities

"User" refers to any individual or entity with a registered account.

5. Privacy and Data Handling

We collect, use, and store your data in accordance with our Privacy Policy.

6. Subscription and Payment Terms

6.1 Pricing Structure

  • Service is priced at $5 per vehicle per month
  • Billing occurs monthly for all vehicles in your account
  • Prices are subject to change with 30 days notice

6.2 Payment Terms

  • Payments are processed in advance
  • Valid payment method required
  • Failed payments may result in service suspension
  • All fees are non-refundable unless required by law

6.3 Subscription Changes

  • Users may add or remove vehicles at any time
  • Pricing adjustments take effect on next billing cycle

7. Limitation of Liability and Warranty Disclaimer

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8. Dispute Resolution and Governing Law

8.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of State of Illinois, United States District Court, Northern District of Illinois, without regard to its conflict of law provisions.

8.2 Dispute Resolution

  1. Informal Resolution: Parties agree to first attempt to resolve any disputes informally through good-faith negotiations.
  2. Mandatory Arbitration: Any dispute not resolved informally shall be resolved through binding arbitration:
    • Conducted by American Arbitration Organization
    • Located in Chicago, IL
    • Under their commercial arbitration rules
    • Costs shared equally unless otherwise awarded
  3. Class Action Waiver: You waive any right to participate in class actions or class arbitrations.

8.3 Exceptions

Claims related to intellectual property rights may be brought in competent courts without first engaging in arbitration.

8.4 Time Limitation

Any claim must be brought within one (1) year of the claim arising.

9. Modifications to Terms

9.1 Updates

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to the Service.

9.2 Notice

We will provide notice of material changes through:

  • Email notification
  • Service announcements
  • Website posting

9.3 Acceptance

Continued use of the Service after changes constitutes acceptance of modified Terms.

10. General Provisions

10.1 Entire Agreement

These Terms constitute the entire agreement between you and Motive Archive regarding the Service.

10.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in effect.

10.3 Assignment

  • We may assign our rights and obligations
  • You may not assign your rights without our written consent
  • Terms bind successors and assigns

10.4 No Waiver

Failure to enforce any right or provision does not constitute a waiver.

10.5 Force Majeure

We are not liable for failures or delays due to circumstances beyond our reasonable control.

10.6 Notices

All notices will be provided via:

  • Email to your registered address
  • Announcements within the Service
  • Posted updates to these Terms

10.7 Contact Information

Questions about these Terms should be sent to: motivearchive.com/contact

Effective Date: October 25, 2024

By using Motive Archive, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.