Terms and Conditions
These Terms and Conditions govern your access to and use of the Moto Channel website and the advisory and consulting services offered through it. By using this website or engaging Moto Channel for any service, you confirm that you have read, understood, and agreed to be bound by these Terms.
Acceptance of these Terms
These Terms and Conditions (the “Terms”) form a binding agreement between you (the “Client”, “you”) and Moto Channel (“Moto Channel”, the “Company”, “we”, “us”, or “our”). They apply to the website located at the Company’s domain, to all pages within it, and to every consulting, advisory, research, and strategy service described on it.
If you do not accept these Terms, you should not use this website or request any service from the Company. Where a separate written proposal, statement of work, or consulting agreement is signed between you and the Company, that document controls in the event of any conflict with these Terms for the specific engagement it covers.
Nature of our services
Moto Channel is a market entry consulting practice serving motorcycle, powersports, and related vehicle and component brands that intend to operate in the United States. Our services are advisory in nature. They consist of research, analysis, strategy, planning, and guidance intended to inform decisions made by the Client.
We do not act as a regulator, an accredited testing laboratory, a customs broker, a law firm, or a government agency. We do not issue approvals, certificates, or registrations. Any reference to compliance, certification, distribution, or sales relates to advisory guidance only and is further qualified by our Regulatory Compliance Disclaimer and Disclaimer.
Eligibility and business use
The services and content offered through this website are intended for businesses, their owners, and authorized representatives. By engaging us, you represent that you are at least eighteen years of age, that you are authorized to enter into agreements on behalf of the business you represent, and that the information you provide to us is accurate and complete.
Engagement, proposals, and statements of work
An initial inquiry or consultation does not, by itself, create a binding engagement. A paid engagement begins only when the scope, deliverables, fees, and timeline have been set out in a written proposal or statement of work and confirmed by both parties.
Estimates, price ranges, and timelines shown on this website are indicative. Final pricing and scheduling depend on the complexity of the project, the product class involved, the depth of research required, and the availability of information. The applicable figures for your engagement are those stated in your accepted proposal.
Client responsibilities
The quality and usefulness of our work depend on the accuracy and completeness of the information you provide. You agree to:
- provide accurate, current, and complete information about your products, business objectives, and existing arrangements;
- respond to requests for information, documents, and feedback within reasonable timeframes;
- make your own commercial, legal, and financial decisions, using our work as one input among others;
- obtain independent legal, tax, accounting, and technical advice where your circumstances require it; and
- comply with all laws and regulations applicable to your business and products.
Deliverables and intellectual property
Unless your proposal states otherwise, upon full payment for an engagement you receive a non-exclusive, non-transferable right to use the deliverables prepared specifically for you for your internal business purposes. The Company retains ownership of its underlying methods, frameworks, templates, research processes, and any general know-how used to produce those deliverables.
You may not resell, sublicense, publish, or distribute our deliverables to third parties without our prior written consent. Third-party data, reports, or materials referenced in a deliverable remain subject to the rights of their respective owners.
Confidentiality
Each party agrees to treat non-public information disclosed by the other in connection with an engagement as confidential and to use it only for the purpose of that engagement. This obligation does not apply to information that is or becomes public through no fault of the receiving party, that was already lawfully known, or that is required to be disclosed by law.
No guarantee of outcomes
Market entry involves factors outside the control of any advisor, including economic conditions, regulatory developments, competitor behavior, and the decisions of distributors, dealers, and end customers. We do not warrant or guarantee any particular result, including sales volumes, distributor or dealer agreements, regulatory approval, market share, or return on investment. Our work reflects professional judgment based on information available at the time it is performed.
Limitation of liability
To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or business opportunity, arising out of or relating to these Terms or any engagement. The Company’s total aggregate liability for any claim shall not exceed the fees actually paid by the Client to the Company for the specific engagement giving rise to the claim.
Indemnification
You agree to indemnify and hold harmless the Company and its representatives from and against any claims, liabilities, damages, and expenses arising out of your use of our deliverables, your business activities, your products, or your breach of these Terms or of any applicable law.
Term, suspension, and termination
These Terms apply while you use this website and for the duration of any engagement. Either party may terminate an engagement in accordance with the relevant proposal and our Refund & Cancellation Policy. We may suspend or terminate access to the website or services where there is non-payment, misuse, or a breach of these Terms.
Force majeure
Neither party shall be liable for delay or failure to perform caused by events beyond its reasonable control, including natural events, infrastructure or utility failures, governmental action, or other circumstances that could not reasonably have been foreseen or avoided.
Governing law
These Terms are governed by the laws of the Commonwealth of Kentucky, United States, without regard to its conflict-of-laws principles. The state and federal courts located in Kenton County, Kentucky shall have jurisdiction over any dispute that is not otherwise resolved, and you consent to that jurisdiction.
Changes to these Terms
We may update these Terms from time to time. The version published on this website with the most recent update date applies to your continued use of the website. Where a change materially affects an active engagement, the terms in force when that engagement was accepted continue to apply to it unless both parties agree otherwise.