Terms of service

Last updated: August 17, 2023

These terms of service (“Terms of Service”) are entered into between you and Creatunity LLC (“Creatunity”, “us”, “we”, or “our”). These Terms of Service are important because they govern your access to and use of https://getairmoto.com/, including any content, functionality and services offered on or through https://getairmoto.com/ (the “Website”). These Terms of Service also govern your purchase of the Airmoto and any other products sold through our Website (the “Products” and collectively with the Website, the “Service”). 

These Terms of Service constitute an agreement between all visitors, users and others who access or use the Website (“you”) and Creatunity and govern your use of the Website. These Terms of Service also govern your purchase of the Products.

PLEASE NOTE THAT THESE TERMS OF SERVICE CONTAIN INDEMNIFICATION, GOVERNING LAW, DISPUTE RESOLUTION (INCLUDING ARBITRATION AND CLASS WAIVER REQUIREMENTS), DISCLAIMER OF WARRANTIES AND ASSUMPTION OF RISK AND LIMITATION OF LIABILITY SECTIONS THAT AFFECT YOUR RIGHTS, INCLUDING YOUR ABILITY TO BRING LEGAL CLAIMS AGAINST US. Please read these Terms of Service and any other terms referenced in this document carefully. By using our Website or purchasing our Products, you agree that you have read, understand, and are bound by the Terms of Service. We may, in our sole discretion, revise these Terms of Service from time to time in accordance with Section 17(a). IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE OUR WEBSITE OR PURCHASE OUR PRODUCTS.

YOU MAY NOT PURCHASE OUR PRODUCTS FROM THE WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS OF SERVICE, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH CREATUNITY, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE WEBSITE OR ANY OF THE WEBSITE'S CONTENTS BY APPLICABLE LAW.

1. PRIVACY

How we collect, use, and disclose information, including personal information, that you provide to us via the Service is described in our Privacy Policy found at: https://getairmoto.com/policies/privacy-policy.

2. ACCESS TO THE WEBSITE

Subject to the terms and conditions of the Terms of Service, we grant you a right to use the Website. Your right to use the Website will terminate immediately in the event that you are in breach of any of the Terms of Service. We may terminate this right at any time for any reason or no reason. Except for the rights expressly granted herein, we reserve all other rights, and no other rights, licenses or permissions are granted by implication or otherwise.

3. OPERATION OF THE WEBSITE

We cannot guarantee the continuous, uninterrupted, or error-free operability of the Website. There may be times when all of (or certain features, parts, or content of) the Website become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended, or withdrawn. Such modifications, suspensions, and withdrawals are in our sole discretion and may be without notice to you. You agree that we will not be liable to you or to any third-party for any unavailability, modification, suspension, or withdrawal of any of the Website, or any features, parts, or content of the Website.

4. PRODUCTS

We reserve the right at any time to modify or discontinue the Products (or any part thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Products.

All descriptions of Products are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue any Products at any time. Any offer for any Products made on our Website is void where prohibited.

We do not warrant that the quality of any Products purchased by you will meet your expectations. 

5. ORDER ACCEPTANCE AND CANCELLATION

You agree that your order is an offer is an offer to buy, under these Terms of Service, all Products listed in your order. All orders must be accepted by us or we will not be obligated to sell the Products to you. We may choose not to accept any orders in our sole discretion. We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors.

After having received your order, we will send you a confirmation email with your order number and details of the Products you have ordered. Acceptance of your order and the formation of the contract of sale between Creatunity and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email.

6. PRICES AND PAYMENT TERMS

All prices for our Products are subject to change without notice. The price charged for the Products will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

7. SHIPMENTS; DELIVERY; TITLE AND RISK OF LOSS

We will arrange for shipment of the purchased Products to you. Please check the individual Product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.

Title and risk of loss pass to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

8. RETURNS AND REFUNDS

Certain Products may have limited quantities and are subject to return or exchange only according to our Return and Exchange Policy found at: https://getairmoto.com/policies/refund-policy. To return Products, please visit our Returns Center located at https://airmoto.returnscenter.com/.

You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THE WEBSITE AS NON-RETURNABLE. For more detail, please review our Return and Exchange Policy.

9. ACCEPTABLE USE

You may only use the Website or purchase the Products in accordance with the Terms of Service. You agree you will not engage or attempt to engage in any improper purchases of the Products or uses of the Website, including, but not limited to: 

• violating any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); 
• storing the Website (including pages of the Website) on a server or other storage device connected to a network or creating a database by systematically downloading and storing any data from the Website (other than for page caching); 
• removing or changing any content of the Website or attempting to circumvent the security or interfere with the proper working of the Website or any servers on which it is hosted; 
• creating links to the Website from any other websites without our prior written consent;
• using any robot, data mining, screen scraping, spider, website search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Website or their contents;
• posting, distributing, or reproducing in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights;
• interfering with or disrupting the Website or the servers or networks connected to the Website; and
• modifying, copying, reproducing, duplicating, adapting, sublicensing, translating, selling, reverse engineering, deciphering, decompiling, or otherwise disassembling any portion of the Website or Products or any software used on or for the Website or Products or causing others to do so.

10. INTELLECTUAL PROPERTY RIGHTS

You should assume that everything on the Website is copyrighted unless otherwise indicated and that it must not be used except as provided in the Terms of Service or with the express written consent of Creatunity. All photos, videos, images, and text on the Website, together with the design and layout of the Website (“Content”) are copyrighted and may not be used without Creatunity’s written permission. All intellectual property rights in the Website, in any Content of the Website (including, but not limited to, text, graphics, design, layout, software, photographs, and other images, videos, sound, trademarks, and logos) and in the Products are owned by us or our licensors. Except as expressly set forth herein, nothing in the Terms of Service gives you any rights with respect to any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading or using the Website or by purchasing the Products. 

These Terms of Service grant you a limited and non-exclusive right to use the Website. Except as indicated otherwise herein or in any additional terms or conditions, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit or otherwise exploit any of the Content on our Website. You must not:

• Modify or make copies of any Content from the Website.
• Use any illustrations, photographs, video or audio sequences or any graphics available through the Website separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials available through the Website.

Anything you send to us through the Website, email or other means may be used by us for any purpose. By submitting material to us through the Website, email or other means, you irrevocably transfer and assign to Creatunity, and forever waive, and agree never to assert, any copyrights or other rights that you may have in such material. We are free to use, without obligation of any kind, any ideas, concepts, techniques, or know-how contained in any communication you send to us or to the Website for any purpose whatsoever. This paragraph shall not apply to your Personal Information, which is defined in and governed by the Privacy Policy.

11. LINKS TO OTHER WEB SITES

Our Service may contain links to third-party websites or services or otherwise re-direct you to other third-party websites, applications or services (collectively, the “Linked Websites”) that are not owned or under our control. We are not responsible for any Linked Website, including, but not limited to, any content contained in a Linked Website or any changes or updates to a Linked Website. The Linked Websites may require you to agree to additional terms and conditions between you and such third party. When you click on a link to a Linked Website, we will not warn you that you have left the Service and are subject to the terms and conditions (including privacy policies, if and as applicable) of another website or destination. WE ARE NOT RESPONSIBLE FOR ANY SUCH TERMS AND CONDITIONS OR ANY DAMAGES YOU MAY INCUR BY USING THE LINKED WEBSITES. Creatunity provides these Linked Websites only as a convenience and does not review, approve, monitor, endorse, warrant or make any representations with respect to the Linked Websites or their products or services. You use all links in the Linked Websites at your own risk. We strongly advise you to read the terms and conditions and privacy policies of any Linked Websites that you visit.

12. SUSPENSION AND TERMINATION OF ACCESS TO THE SERVICE

We may, at our option and in our sole discretion, suspend, restrict or terminate your access to our Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms of Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

13. DISCLAIMER OF WARRANTIES AND ASSUMPTION OF RISK

YOUR USE OF THE WEBSITE AND ITS CONTENT AND YOUR PURCHASE OF THE PRODUCTS IS AT YOUR OWN RISK. THE WEBSITE, ALL CONTENT AND ANY PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS OR IMPLIED. NEITHER CREATUNITY NOR ANY PERSON ASSOCIATED WITH CREATUNITY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR ANY PRODUCT. WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, STATUTORY, AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT; (B) OF ADEQUACY, ACCURACY, TIMELINESS, AND COMPLETENESS OF THE WEBSITE, INFORMATION, CONTENT, OR RESULTS; (C) ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (D) OF SECURITY, UNINTERRUPTED, OR ERROR-FREE ACCESS OR USE OF THE WEBSITE.

THE WEBSITE AND ALL CONTENT OBTAINED BY YOU THROUGH THE WEBSITE, INCLUDING THE LINKED WEBSITES IS OBTAINED AT YOUR OWN DISCRETION AND RISK. AS SUCH YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION YOU TAKE OR FAIL TO TAKE BASED ON ANY INFORMATION ON THE WEBSITE OR ANY LINKED WEBSITE.

14. LIMITATIONS ON LIABILITY

IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, ARISING FROM YOUR USE OF A LINKED WEBSITE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF, BASED ON, RESULTING, OR IN ANY WAY RELATED TO THESE TERMS OF SERVICE OR YOUR USE OF THE SERVICE (INCLUDING ANY INFORMATION OR CONTENT CONTAINED THEREIN), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR MAXIMUM AGGREGATE LIABILITY TO YOU, AND THE EXCLUSIVE REMEDY HEREUNDER FOR ANY AND ALL DAMAGES, INJURY, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING, OR IN ANY WAY RELATED TO THESE TERMS OF SERVICE, YOUR PURCHASE OF THE PRODUCTS OR YOUR USE OF THE WEBSITE (INCLUDING ANY INFORMATION OR CONTENT CONTAINED THEREIN) SHALL BE TO RECOVER THE FEES YOU PAID FOR THE PRODUCTS OR THE ACTUAL DAMAGES YOU INCUR BASED UPON REASONABLE RELIANCE ON THE WEBSITE, UP TO FIVE DOLLARS (US $5.00). THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THESE TERMS OF SERVICE, THE PRODUCTS OR THE WEBSITE WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES.

THE EXCLUSION OF DAMAGES UNDER THE FIRST PARAGRAPH OF THIS SECTION IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY IN THE SECOND PARAGRAPH AND IT SURVIVES IN THE EVENT SUCH EXCLUSIVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW, BOTH OF THESE LIMITATIONS OF LIABILITY APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) FAULT OR TORT (INCLUDING NEGLIGENCE AND MISREPRESENTATION), (D) STRICT LIABILITY OR (E) ANY OTHER CAUSE OF ACTION UNDER LAW OR EQUITY.

15. INDEMNITY

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Creatunity, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Creatunity Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities of every kind and nature whatsoever, whether known or unknown, that are caused by, arise out of or are related to (a) your use or misuse of the Service, (b) your violation of these Terms of Service, and/or (c) your violation of any right(s) of any third party. You agree to promptly notify Creatunity of any claim(s) and shall cooperate fully with the Creatunity Parties in defending such claims. You further agree that the Creatunity Parties shall have control of the defense or settlement of any third-party claims.

16. DISPUTE RESOLUTION

This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully.

These Terms of Service are governed by, and all controversies, disputes, demands, counts, claims, and causes of action arising under, arising out of, or in connection with these Terms of Service (“Disputes”) will be resolved exclusively in accordance with, the laws of the State of Texas, excluding its conflict of laws provisions. YOU HEREBY WAIVE ANY RIGHT YOU MIGHT HAVE TO RESOLVE ANY DISPUTE ON ANY BASIS (INCLUDING, BUT NOT LIMITED TO A CLASS ACTION BASIS) INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED.

The following applies to all Disputes between you and Creatunity arising out of, under, or related to these Terms of Service or Creatunity’s privacy practices (including any action Creatunity may take or authorize with respect to information about or provided by you):

1. All Disputes will be settled exclusively through binding arbitration. Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”) and will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively “Rules and Procedures”). You are GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms of Service EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

1. You and Creatunity must abide by the following rules: (i) for any claim that could otherwise be brought in small claims court, the arbitration will be conducted solely based on written submissions and, if the arbitrator deems it appropriate, a telephonic hearing; (ii) if the claim exceeds what can be recovered in a small claims court, the arbitration shall be conducted solely based on written submissions or a telephonic hearing, unless the arbitrator deems a face-to-face hearing is appropriate, in which case one will be held in Dallas, Texas; (iii) the arbitrator’s ruling is binding and not merely advisory; (iv) ANY CLAIMS BROUGHT BY YOU OR CREATUNITY MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (v) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING; (vi) if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Creatunity shall pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (vii) a decision by the arbitrator (including any finding of fact or conclusion of law) against either you or Creatunity will be confidential unless otherwise required to be disclosed by law or by any administrative body and may not be collaterally used against either of you or Creatunity in existing or subsequent litigation or arbitration involving any other person; and (viii) each side pays his, her or its own attorneys’ fees and expenses.
2. Claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret are not subject to this arbitration provision. Such claims shall be exclusively brought in the state courts located in Dallas, Texas or the federal courts located in Dallas, Texas and each party hereby consents to the jurisdiction of those courts.
3. As an exception to this arbitration provision, either party may seek emergency equitable relief before such courts in order to maintain the status quo pending the arbitrator’s ruling, and hereby agree to submit to the personal jurisdiction of such courts. A request for interim measures will not be deemed a waiver of the right to arbitrate.
4. With the exception of subparts (iv) and (v) in subsection (b) of this arbitration provision (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subparts (iv) or (v) in subsection (c) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor Creatunity shall be entitled to arbitration. If this arbitration provision is held unenforceable by a court, or AAA refuses to arbitrate the Dispute, all controversies, disputes, demands, counts, claims, or causes of action between you and Creatunity shall be exclusively brought in the state or federal courts specified in subsection (d) above.
5. For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.

Either party may enforce any provision of these Terms of Service by seeking to obtain equitable relief in addition to all other remedies at law or under these Terms of Service. 

If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to:

120 Turtle Creek Blvd #505

Dallas, Texas 75207

17. GENERAL

1. Modification of These Terms of Service. We may, in our sole discretion, revise the Terms of Service from time to time. We will notify you of any changes by posting the new Terms of Service on this page. If you continue to access or use the Service after being provided with the notice of updates, you acknowledge your acceptance of the updated Terms of Service. If you do not agree with any such revisions or any new versions of the Terms of Service, you should not, and you are not granted a right to, use the Website. You are advised to review these Terms of Service periodically for any changes. Changes to these Terms of Service are effective when they are posted on this page.
2. Assignment. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but we may assign them without restriction. Any attempted transfer or assignment in violation hereof will be null and void.
3. Severability. If any provision of the Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect.
4. Entire Agreement. These Terms of Service, together with any amendments and any additional agreements you may enter into with us in connection with the Service, shall constitute the entire agreement between you and us concerning the Service.
5. No Waiver. No waiver of any term of the Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under the Terms of Service shall not constitute a waiver of such right or provision.