The Rodeo's Terms of Service

LAST UPDATED: October 28th, 2015

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THESE TERMS INCLUDE A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER PROVISION, WHICH AFFECT YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH MOTOGO INC. dba THE.RODEO. BY ACCESSING OR USING OUR WEBSITE, APPLICATIONS OR OTHER PRODUCTS OR SERVICES (TOGETHER, THE “THE.RODEO SERVICE”), YOU AGREE TO BE BOUND BY ALL TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE (“TERMS”). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE THE.RODEO SERVICE.

These Terms apply to your access to and use of the The.Rodeo Service provided by MotoGo, Inc. (“The.Rodeo,” “we” and “us”). Additional terms (including, but not limited to, the terms of social media services and third-party payment processors) may apply to particular functionalities and features related to the The.Rodeo Service.

1. Eligibility

ONLY USERS WHO ARE THIRTEEN (13) YEARS OF AGE OR OLDER MAY REGISTER FOR OR USE THE THE.RODEO SERVICE. The The.Rodeo Service is not targeted towards, nor intended for use by, anyone under the age of thirteen (13). If you are between the ages of thirteen (13) and eighteen (18), you may use the The.Rodeo Service only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and any applicable additional terms. You further represent and warrant that you: (a) have not previously been suspended or removed from using the The.Rodeo Service; (b) are legally permitted to, and do, live in the United States or one of its territories, and (c) may enter into this agreement without violating any other agreement to which you are a party. If you are registering to use the The.Rodeo Service on behalf of a legal entity, you further represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and (ii) you are duly authorized by such legal entity to act on its behalf. 


2. Account Registration and Security Responsibilities

3. Privacy

Please refer to our Privacy Policy for information about how we collect, use and share information about individual users of the The.Rodeo Service.

4. Electronic Communications

When you use the The.Rodeo Service, send e-mails to us, or communicate with us via the The.Rodeo app or web site, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices through the The.Rodeo Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

5. Description of the The.Rodeo Service

C. StraightShooters™ Feature.

We may at times offer features enabling you to apply for or request certain badges (each, a “Badge”) to be associated with your The.Rodeo Service account, including through your account profile. We may make available the StraightShooters™ feature (“StraightShooters”), which is a voluntary feature through which we may associate a StraightShooters Badge with certain users that have provided personal identification documents (e.g., a driver’s license) to us. Where you see the StraightShooters™ Badge associated with a user’s account, that is a designation that that user has chosen to use the voluntary StraightShooters feature. THE STRAIGHTSHOOTERS BADGE DOES NOT DESIGNATE, AND WE DO NOT REPRESENT OR WARRANT THAT, (A) WE HAVE VERIFIED THAT A USER WITH A STRAIGHTSHOOTERS BADGE IS THE PERSON THAT THEY CLAIM TO BE, (B) THAT A USER IS IN FACT THE PERSON IDENTIFIED IN ANY PERSONAL IDENTIFICATION DOCUMENT THAT USER HAS PROVIDED TO US, OR (C) THAT WE HAVE TAKEN ANY STEPS TO RUN A CRIMINAL OR OTHER BACKGROUND CHECK OR OTHERWISE MAKE AN ASSESSMENT OF A USER’S INTEGRITY OR CHARACTER.

If you choose to use the StraightShooters™ feature, you represent and warrant to us that (a) any personal identification document that you provide to us is an unaltered and accurate image of your government-issued personal identification document that is without error, and (b) that you have all necessary permissions to provide such personal identification documents to us and your provision of such personal identification documents to us will not violate any law or regulation or cause us to be subject to any investigation, prosecution or legal action. DO NOT USE THIS FEATURE IF THE FOREGOING IS NOT TRUE. We may disclose your photo identification document or certain personal information you provide to our third-party service providers that may help us to detect inaccurate or fraudulent personal identification documents and related information. The StraightShooters™ feature and similar programs involving Badges may be discontinued at any time without notice, and we reserve the right to grant and revoke Badges for you or any other user at any time and without any liability to us.

6. Discontinuance of the The.Rodeo Service

The.Rodeo may, in its sole discretion and without liability to you, modify, discontinue, terminate, suspend or shut-down (temporarily or permanently) all or any portion of the The.Rodeo Service at any time, without prior notice. Upon any such action by The.Rodeo, you must immediately stop using the The.Rodeo Service. You may also cancel your Account at any time, as described in Section 15 below. In addition, the StraightShooters™ feature and similar programs involving Badges may be discontinued at any time without notice.

7. Acceptable Use

When accessing or using the The.Rodeo Service, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort. Without limiting the generality of the foregoing, you agree that you will not do, and will not permit any third party to do, any of the following:

• Engage in any unauthorized use of the The.Rodeo Service (including, without limitation, political campaigning, advertising, or marketing);
• Transmit or otherwise make available any content that: (1) you do not have the right to provide or transmit using the The.Rodeo Service, (2) may expose The.Rodeo or its affiliates, licensors, or users to any harm or liability, or (3) is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, unlawful, untrue, or otherwise objectionable;
• Upload to, transmit, distribute, store, create, or otherwise sell or offer for sale anything that violates our Prohibited Items Guidelines.
• Transmit or otherwise make available any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• Originate, send, deliver, relay or otherwise transmit unsolicited commercial email or other messages through the The.Rodeo Service;
• Copy any portion of the The.Rodeo Service or any underlying content or source code;
• Reverse engineer, disassemble or decompile any portion of the The.Rodeo Service or otherwise attempt to discover or re-create the source code to any software;
• Distribute the software or source code behind the The.Rodeo Service to any third party;
• Make any modification, adaptation, improvement, enhancement, translation or derivative work of or to any portion of the The.Rodeo Service;
• Remove, alter, or obscure any copyright or other proprietary notices of The.Rodeo or its affiliates or licensors in any portion of the The.Rodeo Service;
• Obscure or disable any advertisements that appear on or through the The.Rodeo Service;
• Use any type of automated means, including without limitation any harvesting bot, robot, spider, script, crawler, scraper or other automated means or interface not provided by The.Rodeo, to utilize the The.Rodeo Service or to collect or extract data;
• Access without authorization any networks, systems, or databases used in providing the The.Rodeo Service or any accounts associated with The.Rodeo Service, or to access or use any information therein for any purpose;
• Attempt to probe, test, hack, or otherwise circumvent any security measures;
• Violate any requirements, policies, procedures or regulations of any network connected to the The.Rodeo Service;
• Use the The.Rodeo Service in any manner that could damage, disable, overburden, or otherwise impair the The.Rodeo Service (or the networks connected to the The.Rodeo Service);
• Interfere with or disrupt the use and enjoyment by others of the The.Rodeo Service, including without limitation attempting, in any manner, to obtain the password, account, or other security information of any other user;
• Falsely state, impersonate, or otherwise misrepresent your identity;
• Provide false information during Account creation or when using the StraightShooters™ Badge or the The.Rodeo Payment Solution, or otherwise provide false, inaccurate or misleading information;
• Create more than one Account or create an Account on behalf of anyone other than yourself without permission;
• Use or attempt to use another user’s Account without authorization;
• Attempt to pay for an item using the The.Rodeo Payment Solution with an Electronic Payment Method that you either do not own or are not validly authorized to use;
• Use the The.Rodeo Service in any manner to stalk, harass, invade the privacy of, or otherwise cause harm to, any person;
• Use the The.Rodeo Service in any manner that exposes The.Rodeo to any harm or liability of any nature;
• Use the The.Rodeo Service to infringe or violate the intellectual property rights or any other rights of anyone else (including The.Rodeo);
• Develop any third-party applications that interact with the The.Rodeo Service without The.Rodeo’s prior written consent;
• Use the The.Rodeo Service to engage in any illegal or unauthorized purpose or to engage in, encourage, or promote activities that are unlawful, misleading, malicious or discriminatory, including, but not limited to violations of these Terms, illegal gambling, fraud, money-laundering, or terrorist activities;
• Transfer any rights granted to you under these Terms; or
• Encourage or induce any third party to engage in any of the activities prohibited under this section.

If you violate any of the foregoing, your right to access and use the The.Rodeo Service will terminate immediately and automatically, and you will have infringed The.Rodeo’s intellectual property and other rights, which may subject you to prosecution and damages. The.Rodeo reserves the right at all times to monitor, review, retain and disclose any information regarding your use of the The.Rodeo Service as necessary to satisfy any applicable law, regulation, legal process or governmental request. You also acknowledge and agree that The.Rodeo is not responsible or liable for the conduct of, or your interactions with, any users of the The.Rodeo Service (whether online or offline). Your interactions with other users are solely between you and such users and we are not responsible or liable for any loss, damage, injury or harm which results from these interactions. In addition, enforcement of these Terms is solely in our discretion, and the absence of enforcement in some instances does not constitute a waiver of our right to enforce these Terms in other instances. These Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the The.Rodeo Service will not contain any content that is prohibited by these Terms.

8. User Content

In the course of using the The.Rodeo Service, you may transmit or otherwise make available certain content, including information about yourself, content, messages, materials, data, information, text, photos, graphics, code or other items or materials (“User Content”) through interactive areas or services, such as posting items for sale, making an offer, private messaging, or other areas or services. User Content may be publicly viewable in some instances. The.Rodeo reserves the right, but does not have the obligation, to remove, screen or edit any User Content posted or stored on the The.Rodeo Service at any time and for any reason without notice. You will not (and will not allow or authorize any third-party to) post, upload to, transmit, distribute, store, create, solicit, disclose, or otherwise, publish through the The.Rodeo Service any of the following:

• User Content that is, in The.Rodeo’s judgment, disrespectful or may expose The.Rodeo, Users or others to harm or liability;
• User Content that may infringe the patent, trademark, trade secret, copyright, intellectual, privacy or proprietary right of any party;
• Private information of any third parties, including addresses, phone numbers and payment card information;
• Viruses, corrupted data or other harmful, disruptive, or destructive files; or
• User Content that inhibits any other person from using or enjoying the The.Rodeo Service.

You are solely responsible for creating backup copies of and replacing your User Content at your sole cost and expense. You acknowledge and agree that The.Rodeo is not responsible for any errors or omissions that you make in connection with the The.Rodeo Service. By submitting or posting User Content, you hereby grant to The.Rodeo a non-exclusive, transferable, royalty-free, perpetual, irrevocable, sublicensable right to use, reproduce, modify, adapt, publish, translate, sell, create derivative works from, distribute, perform, and display the User Content, and your name, company name, location and any other information you submit with the User Content, in connection with the The.Rodeo Service. The use of your or any other User’s name, likeness, or identity in connection with the The.Rodeo Service does not imply any endorsement thereof unless explicitly stated otherwise. We also have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy.

9. Moderation

You agree that The.Rodeo may moderate access to and use of the The.Rodeo Service in our sole discretion through any means (including, for example, blocking, filtering, deletion, delay, omission, verification, and/or termination of your access. Furthermore, we have the right to remove any posting you make on the The.Rodeo Service if, in our opinion, your post does not comply with the content standards set out in Sections 7 and 8 above, and any other The.Rodeo Service rules, including without limitation the Prohibited Items Guidelines. You agree not to bypass or attempt to bypass such moderation. You further agree that The.Rodeo is not liable for moderating, not moderating or making any representations regarding moderating.

10. Third Party Services and Content

In using the The.Rodeo Service, you may view content, utilize services, or otherwise interact with content and services provided by third parties, including, but not limited to, the The.Rodeo Payment Solution provided by a third-party payment processor, links and/or connections to websites, applications or services of such parties (“Third-Party Content”). The.Rodeo does not control, endorse or adopt any Third-Party Content and you acknowledge and agree that The.Rodeo will have no responsibility for any Third Party Content, including without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. In addition, your business or other dealings or correspondence with such third parties are solely between you and the third parties. The.Rodeo is not responsible or liable for any damage or loss of any sort caused, or alleged to be caused, by or in connection with any such dealings, including the delivery, quality, safety, legality or any other aspect of any good or services that you may purchase or sell to or from a third party.

11. Feedback

Any comments or materials sent to us, including, but not limited to, ideas, questions, comments, suggestions, feedback or the like regarding the The.Rodeo Service or any other products or services of The.Rodeo (collectively, "Feedback"), is non-confidential and will become our sole property. We will have no obligation to you of any kind, monetary or non-monetary, with respect to such Feedback and will be free to reproduce, use, disclose, exhibit, display, transform, create derivative works from and distribute the Feedback to others without limitation or obligation. You waive any rights you may have to the Feedback (including any copyrights or moral rights). Further, you agree not to submit any feedback that is defamatory, illegal, offensive or otherwise violates any right of any third party, or breaches any agreement between you and any third party.

12. Copyright Policy

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. If you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by The.Rodeo or the alleged infringer as the result of The.Rodeo’s reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

13. Intellectual Property Rights

Unless otherwise indicated, the The.Rodeo Service and all content, materials, information, functionality and other materials displayed, performed, contained or available on or through the The.Rodeo Service, including, without limitation, the The.Rodeo logo, and all designs, text, graphics, pictures, information, data, sound files, images, illustrations, software, other files, and the selection and arrangement thereof (collectively, the “Materials”) are the proprietary property of The.Rodeo or its affiliates or licensors, and are protected by U.S. and international copyright laws and other intellectual property rights laws.

Except as otherwise provided, subject to your compliance with all of the terms and conditions of these Terms, and in consideration of your promises reflected herein (and with respect to any services requiring payment of fees, your payment of such fees), we grant to you a revocable, personal, non-exclusive, non-assignable and non-transferable license for personal, non-commercial purposes, except where explicitly provided otherwise, to (i) access and use the The.Rodeo Service, (ii) cause the Materials to be displayed from a computer and/or mobile device and (iii) use the Materials, solely as permitted under these Terms (the “License”). The.Rodeo and its affiliates and licensors reserve all rights not expressly granted to you in these Terms. You agree that these Terms do not grant you any rights in or licenses to the The.Rodeo Service or the Materials, except for this express, limited License. You will not otherwise copy, transmit, distribute, sell, resell, license, de-compile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any of the Materials or any other part of the The.Rodeo Service or any derivative works thereof, in whole or in part for commercial or non-commercial purposes. Without limiting the foregoing, you agree not to frame or display the The.Rodeo Service or Materials (or any portion thereof) as part of any other website or any other work of authorship without our prior written permission. The License granted under this Section will automatically terminate if we suspend or terminate your access to the The.Rodeo Service.

14. Trademarks

The.Rodeo, TheRodeo.com, www.The.Rodeo and other The.Rodeo graphics, logos, page headers, buttons, icons, scripts, and service names are trademarks, registered trademarks, or trade dress of The.Rodeo or its affiliates in the U.S. and/or other countries, and may not be copied, imitated, or used, in whole or in part, without The.Rodeo’s prior written consent. You will not use any trademark, product or service name of The.Rodeo without our prior written permission, including without limitation any metatags or other “hidden text” utilizing any trademark, product of service name of The.Rodeo. All other registered trademarks and service marks are used for reference purposes only, and remain the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply an endorsement, sponsorship or recommendation by The.Rodeo.

15. Suspension; Termination.

The.Rodeo may revoke or terminate your License to access or use the The.Rodeo Service for any reason without notice at The.Rodeo’s sole discretion. Without limiting the generality of the foregoing, we may revoke or terminate the License if you: (i) breach any obligation in these Terms or in any other agreement between you and us, (ii) violate any policy or guideline applicable to the The.Rodeo Service or Materials, or any other The.Rodeo product or service, or (iii) use the The.Rodeo Service or the Materials other than as specifically authorized in these Terms, without our prior written permission. You will stop accessing or using the The.Rodeo Service immediately if The.Rodeo suspends or terminates your License to access or use the The.Rodeo Service. The.Rodeo reserves the right, but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the The.Rodeo Service during suspension or after termination. The.Rodeo may recover its reasonable attorneys’ fees and court costs from you for such action. These Terms will remain enforceable against you while your License to access or use the The.Rodeo Service is suspended and after it is terminated.

You may also terminate your License to access or use the The.Rodeo Service by closing your The.Rodeo Account at any time. For more details on how to close your The.Rodeo Account, please refer to our FAQs.

16. Disclaimer of Warranties

17. Assumption of Risk

You acknowledge and agree that there are risks associated with utilizing an Internet-based marketplace for the sale of goods and dissemination of multimedia, including but not limited to, the risk of failure of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your Account. You acknowledge and agree that The.Rodeo will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the The.Rodeo Service, however caused.

The.Rodeo takes no responsibility for and will not be liable for any losses, damages or claims arising from the use of the The.Rodeo Service, including, but not limited to, any losses, damages or claims arising from (a) server failure or data loss, (b) forgotten passwords, or (c) “phishing,” spam, viruses, third-party attacks or any other unauthorized third-party activities.

18. Limitation of Liability

B. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF The.Rodeo OR THE The.Rodeo PROVIDERS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, COMPANY OR TO THESE TERMS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO The.Rodeo FOR ACCESS TO OR USE OF THE The.Rodeo SERVICE OR MATERIALS.

19. Indemnity

You agree to hold harmless, defend and indemnify The.Rodeo and the The.Rodeo Providers from all liabilities, losses, damages, deficiencies, claims, causes of action, demands and expenses, (including, but not limited to, reasonable attorneys' fees), that are due to, arise from or otherwise relate to your conduct or your use or misuse of the The.Rodeo Service or Materials, including, without limitation, any actual or threatened suit, demand or claim made against The.Rodeo or any The.Rodeo Provider that arises out of or relates to: (i) any intellectual property rights or other proprietary rights of any third party, (ii) your breach of these Terms including without limitation your breach of any of your representations and warranties; (iii) your use of any of the The.Rodeo Service or Materials; or (iv) any content that you store on or transmit through the The.Rodeo Service. The.Rodeo may assume exclusive control of any defense of any matter subject to indemnification by you, and you agree to cooperate with The.Rodeo in such event.

20. Arbitration

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO SUBMIT TO BINDING ARBITRATION (INCLUDING A JURY TRIAL WAIVER) ANY AND ALL DISPUTES (OTHER THAN SPECIFIED INTELLECTUAL PROPERTY CLAIMS AND SMALL CLAIMS) WITH The.Rodeo AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM The.Rodeo (NO CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS).

21. Governing Law; Venue.

These Terms, your access to and use of the The.Rodeo Service and Materials shall be governed by and construed and enforced in accordance with the laws of the State of Oregon without regard to conflict of law rules or principles (whether of the State of Oregon or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of Oregon and the United States, respectively, sitting in Washington County, Oregon.

22. Miscellaneous