Effective: November 15, 2025
These Dealership Terms of Use (the “Terms”) govern the use of the products, services or any other features, technologies or functionalities related to MVP Motors Pay, merchant payment acceptance services (the “Acceptance Services”) provided by MVP Motors Inc. (“MVP Motors”, “we”, “our”, or “us”) through MVP Motors's website, API or through any other means to you (“you” or “your”). By using the Acceptance Services, you represent that you are either a Merchant (as defined below) and that you accept these Terms and agree to be bound by them, confirm that you have read, understood, and accepted all of the provisions contained herein, including, without limitation, Section 18.7, Governing Law; Arbitration; Waiver of Class Action.
MVP Motors Pay is a blockchain/cryptocurrency payment processor that enables you to accept cryptocurrencies (i) as a payment method in exchange for goods or services you sell to your customers (“Shopper” and/or “Shoppers”).
MVP Motors is not a cryptocurrency exchange, nor does it provide cryptocurrency custody as part of the Acceptance Services. You acknowledge that you have no claim against the actual cryptocurrency MVP Motors receives as a part of the Acceptance Services. The Acceptance Services are only available to (i) dealerships that sell vehicles or services (“Merchant” and/or “Merchants”).
By using the Acceptance Services, you authorize MVP Motors to act as your agent for the receipt of payments, as applicable, of Supported Cryptocurrencies (as defined below) and to take any and all actions that we think are necessary or desirable to provide the Acceptance Services and to comply with applicable laws and regulations. As a result of the agency relationship, payment by a Shopper to MVP Motors is considered the same as payment made directly to you in your capacity as Merchant, as applicable, and limits the Shopper's, as applicable, outstanding obligations to the extent of the payment.
Your relationship pursuant to these Terms is with MVP Motors, Inc., a Florida, USA corporation, having its principal offices at 1900 N Washington Blvd, Sarasota, Florida, 34234
MVP Motors, Inc. is subject to U.S. laws and regulations. This includes the Bank Secrecy Act, the economic and trade sanctions programs administered by the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury, the USA PATRIOT Act, and other anti-money laundering (AML) and anti-terrorist financing (ATF) laws. MVP Motors, Inc. is also a registered Money Service Business with the Financial Crime Enforcement Network of the U.S. Department of the Treasury (FinCEN) and is a licensed money transmitter in the U.S. states where applicable law requires it to be licensed. As required by applicable laws and regulations, MVP Motors, Inc. maintains a comprehensive AML/ATF/Sanctions compliance program.
You represent and warrant that:
MVP Motors, Inc. is a regulated financial services business and a licensed money transmitter in the U.S., and as such, we are required to collect certain information from Merchants to comply with anti-money laundering and anti-terrorist funding laws and regulations. Therefore, as part of establishing a MVP Motors Account, at a minimum you will be asked to submit entity or business-related information such as name, mailing address, physical address, phone number, email address, information relating to the ultimate beneficial owner(s) or the individual(s) having significant control over the business/entity (to the extent applicable) such as tax identification number and government-issued identification, legal name, fictitious name (i.e. DBA name), company website, bank account details to be used for settlement of transactions made using the Acceptance Services. You may be asked to submit additional information and/or documents to enable us to verify your identity and assess business risk, such as entity formation documentation, compliance program documentation, and information regarding your Shoppers. Depending on our assessment of the information you provide, we may require you to make supplemental representations and warranties, complete enhanced onboarding procedures, and operate subject to restrictions.
The information you provide at the time of opening the Account must be accurate and complete, and you must inform us within ten (10) business days of any changes to such information. MVP Motors has the right to reject your Account registration, to later close your Account, or to restrict the provision of the Acceptance Services to you if you do not provide and maintain accurate, complete and satisfactory information.
A non-refundable application fee is required at the time of opening the Account for review of your Merchant application. This fee covers the cost of processing the application and will not be refunded under any circumstances, including but not limited to the withdrawal of the application, denial of approval, or the decision to not proceed.
MVP Motors imposes daily and annual transaction processing volume limits per Account. If you wish to increase your limit, you will be required to apply for an upgrade and provide us with documentation necessary to qualify for that upgrade. Depending on the upgrade request, you may be required to provide additional information and documentation. Requests will not be approved until all required documentation has been reviewed and the accuracy and authenticity of the information has been confirmed.
Shoppers are required to complete a verification process at the time of payment, depending on the amount of the transaction, as part of our AML/ATF compliance obligations.
In connection with your use of the Acceptance Services, and your interactions with other users and third parties, you agree you will not engage in the following Prohibited Uses. This list is non-exhaustive and we reserve the right to modify it at any time. It is within our sole discretion to determine whether an activity falls into one of these categories.
Pursuant to applicable laws and regulations, MVP Motors is required to maintain records of all documentation and information related to your Account for the duration that your Account is active and after your Account is closed.
To the extent you are a Merchant, you are required to maintain all records needed to fulfill orders for goods or services and provide post-sale support to your Shoppers as required by applicable laws and regulations. If the sale of an item requires a government registration of the sale, you are responsible for such registration.
MVP Motors or its auditors, an appropriate regulator, or other relevant competent authority may request to obtain and inspect certain of your business records with reasonable advance notice or immediately if required by law, a regulator, or other relevant authority. If you refuse such a request, we reserve the right to suspend or terminate your Account.
You hereby authorize us to share information about you, your Account and Account activity with law enforcement, regulators and government agencies. We hereby also authorize you to share information about us and our Acceptance Services to you with law enforcement, regulators and government agencies.
You may close your Account anytime. You will still be obligated to us for any fees incurred, if applicable, before the closure, and we will remit to you funds not yet paid to you and associated with pre-closure sales. If your Account balance is below our documented minimum transfer amount, you may be responsible for any applicable transaction fees that may be incurred in the funds transfer.
We reserve the right to decline to provide our Acceptance Services to you or immediately suspend or close your Account, without notice, in our sole discretion, including without limitation, if we learn or reasonably suspect that you will use or have used your Account to engage in unlawful or improper activity in violation of applicable laws or regulations, these Terms, and/or our other applicable terms of use, including but not limited to a violation of Section 4.4, Prohibited Use and Business. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request.
Additionally, if your Account does not have a paid transaction for more than twelve consecutive months, we reserve the right to suspend the Account and automatically disable processing capabilities. You will receive information about the process to reactivate the Account.
MVP Motors also reserves the right to terminate accounts which receive excessive Shopper complaints (see Section 12.1, Shopper Complaints).
If your Account is closed for any reason, you agree: (a) to continue to be bound by surviving portions of these Terms, (b) to immediately stop using the Acceptance Services, (c) that the license provided under these Terms shall end, (d) to remove from your website, apps and marketing materials and will discontinue using any MVP Motors service marks, logos or other branding, (e) that we will retain certain information and Account data stored on our servers as required under applicable laws and regulations, and (f) that we shall not be liable to you or any third party for termination of access to the Acceptance Services, closure of an Account, or retention of information or Account data.
In using the MVP Motors website or the Acceptance Services, you may separately be offered additional services, products or promotions by third parties. If you decide to use any of these third-party services, you do so at your own risk and are solely responsible for reviewing, understanding and complying with the associated terms and conditions. We expressly disclaim any liability for third-party services and are not responsible for the performance of third-party services or servicers.
We have implemented security measures designed to protect information from accidental loss and from unauthorized access, use, alteration or disclosure. Our security measures include risk assessments and controls for the following: application and system access, system and application development and maintenance, acceptable use, data classification, incident response, disaster recovery and business continuity, and security training. We cannot guarantee that unauthorized persons will never gain access to your information, and you acknowledge that you provide your information at your own risk, except as otherwise provided by applicable law. If we reasonably suspect or we become aware of a breach of our security measures that may have impacted you, your Account or your information, we will provide you with notice within 72 hours of gaining such suspicion or becoming aware of such breach. Such notice will be provided to your email address included in your profile.
Shoppers sending cryptocurrency payments and Merchants receiving settlements in cryptocurrency need to have a digital wallet. A digital wallet is a piece of software enabling a user to store encrypted private keys, used to sign transactions to access funds. A non-custodial digital wallet does not constitute an account where third parties serve as financial intermediaries or custodians of a user's cryptocurrencies. A non-custodial wallet provider administers only the technical platform to store a user's private keys, but has no control over or access to the private keys, and therefore no control over or access to the user's funds.
Shoppers and Merchants may use any cryptocurrency wallet to store their funds. MVP Motors does not endorse or vouch for the quality or security of any third-party wallets. The wallet owner is solely responsible for safekeeping passwords and private keys used to access their wallet, as well as maintaining the security protocols and updates on devices used to download and use their wallet.
MVP Motors is not responsible for, and cannot assist with recovery of, a loss of cryptocurrency funds incurred by a Merchant or Shopper if a wallet is compromised, for example due to loss of or unauthorized access to private keys, accidental sharing of a backup, a bug in the user's device or the wallet software, or a malicious attack on the wallet software.
In the event your account balance gets settled to a wallet that becomes compromised or inaccessible, or in the event a Shopper's wallet becomes compromised or inaccessible, it is up to you to decide how to handle any inquiries or potential claims. MVP Motors does not get involved in resolving such issues.
Our Privacy Notice is available at our website and incorporated in these Terms.
You agree and acknowledge that we own all right, title, and interest in the Acceptance Services, the associated software, technology tools and content, the MVP Motors service marks and logos, the MVP Motors website, the content displayed on the website, and other materials produced by MVP Motors (collectively, “MVP Motors IP”). You are only permitted to use the Acceptance Services and MVP Motors IP to offer the Acceptance Services to your Shoppers, according to these Terms. We grant you a personal, limited, revocable, non-exclusive and non-transferable license to use MVP Motors IP. You shall not rent, lease, sublicense, distribute, transfer, copy, reproduce, download, display, modify or timeshare MVP Motors IP or any portion thereof, or use MVP Motors IP as a component of or a base for products or services prepared for commercial sale, sublicense, lease, access or distribution. You shall not prepare any derivative work based on MVP Motors IP, nor shall you translate, reverse engineer, decompile or disassemble MVP Motors IP.
While you have an active Account with MVP Motors, you may use those MVP Motors Marks that are made available to you by us through our Brand Guidelines and strictly subject to your use being consistent with the Brand Guidelines. Any and all goodwill arising from your use of the MVP Motors Marks will inure to our sole and exclusive benefit. We reserve the right to update the MVP Motors Brand Guidelines from time to time, and you are responsible for maintaining compliance with the then current version, provided that you have up to sixty days following an update to make any necessary changes. We will make commercially reasonable efforts to provide notice of any changes to the Brand Guidelines. Without waiving any rights that may be available to us, if we determine that you are using any MVP Motors Marks inconsistent with the Brand Guidelines or in a manner that we reasonably determine is objectionable, we will provide you with notice and you agree to promptly discontinue the objectionable use. Failure to discontinue objectionable uses or repeated violations of the Brand Guidelines will be deemed a breach of this Agreement.
With your prior written approval, we may publish your corporate name, URL, artwork, text, logo, case studies, and other publicly available information about your business (“Content”) in MVP Motors's promotional materials, marketing channels and business directory. A third party may use MVP Motors's publicly available Content and tailor the data to create entries for directories or other channels, and the data listed on third-party directories or channels will be subject to separate third-party terms of use. We may also request a testimonial or quote in the form of a blog post, promotional material, press release, or interview, and/or a reference. You have no obligation to provide Content, a testimonial, quote or reference. Upon mutual agreement, you and MVP Motors may engage in a separate marketing campaign.
You represent and warrant to us that you have the right to provide the Content to us, and that the use, copying, modification and publication of the Content by us: (a) will not infringe, violate or misappropriate any third-party copyright, patent, trade secret or other proprietary rights, (b) will not infringe any rights of publicity or privacy, and (c) will not be defamatory or otherwise violate any law.
In order to accept a cryptocurrency payment, you need to create a payment request (“Invoice”) using the Acceptance Services, based on the amount you want to collect in U.S. Dollars. MVP Motors's hosted invoice user interface must be displayed to the Shopper, as applicable, during checkout.
We guarantee the exchange rate for the Shopper, as applicable, as long as the Shopper, as applicable, submits the payment within the proper time window after the Invoice is created. Invoice timeout information is clearly displayed on each Invoice.
An Invoice is considered complete and a “Successful Payment” once it is paid via an “on-chain” transfer so long as: (i) the Shopper, as applicable, has initiated the transfer of the full Invoice amount, (ii) the corresponding transaction has reached our required number of block confirmations, and (iii) the payment has been credited to your Account ledger.
The number of confirmations required for a transaction depends on several factors, including the blockchain being used and our internal analysis of risk. We employ risk mitigation techniques to detect fraudulent payments, such as payments that are at risk of never receiving the required number of block confirmations. However, these measures do not completely eliminate the risk associated with unconfirmed payments. A confirmed Invoice means that payment has been made and the required block confirmations have occurred, such that the transaction has passed our risk validation measures, but it still needs to be credited to your Account ledger.
You have the option to inform your Shopper, as applicable, that you have accepted the Invoice as paid before MVP Motors deems the Invoice completed, e.g. an Invoice payment that is not a Successful Payment. MVP Motors is not liable for settling Invoices which are not considered fully paid and complete. In other words, if you accept a payment before it is credited by us to your Account ledger, we are not required to settle with you if we determine that the payment was fraudulent or otherwise invalid. Your Dashboard will display the current status for each payment (i.e., “paid”, “confirmed”, “complete”, “overpaid”, “underpaid”, “refunded”, or “invalid”). Payments that may be fraudulent will be identified in the Dashboard as invalid.
MVP Motors may add new cryptocurrencies to the Acceptance Services. Additional cryptocurrencies will be added to the Acceptance Services on an opt-out basis, such that they will be enabled by default unless you instruct MVP Motors to disable them. In addition, there may be circumstances that cause MVP Motors to decide to remove a particular cryptocurrency as a payment option. Currently MVP Motors accepts USDC coin on Ethereum and Base blockchains.
In certain situations when an Invoice is underpaid or overpaid, or a payment is an orphan payment or is considered invalid because of potential fraud or regulatory reasons, it will result in a “payment exception”. In most cases, the relevant Shopper will automatically receive a notification via email and/or SMS messaging from MVP Motors in order to claim the underpayment or overpayment, as described below. MVP Motors incurs miner fees to refund a payment. MVP Motors will deduct the miner fees from the refunded amount in connection with refunds for payment exceptions (see Section 14, Fees, for details).
Underpayments occur when a Shopper sends insufficient funds to fully pay an Invoice. Subject to the following paragraph, underpayments cannot fulfill an Invoice in full or part, and the underpayment is not credited to your Account. MVP Motors will notify the Shopper, as applicable, of the underpayment by email and/or SMS message and such notification will enable the Shopper, as applicable, to request a refund for the partial payment. The Shopper, as applicable may also request a refund of the underpayment directly from the Invoice. To complete the transaction, the Shopper, as applicable, will need to generate a new Invoice by restarting the checkout process. The new Invoice will provide a new payment amount based on the then-current exchange rate and a new time window in which to complete the payment.
Upon your advance request, MVP Motors may in its sole discretion agree to process Underpayments for the amount sent by Shoppers. If MVP Motors agrees to provide this feature, the Invoice will be adjusted to reflect the amount of the Underpayment received and will be processed for such amount. In this instance, MVP Motors will not notify the Shopper that an Underpayment has occurred via email or SMS message and they will not be able to claim a refund of the Underpayment via the related invoice. It will be at your discretion whether to issue a new invoice for the remainder of the original invoice. Any requests for refunds or recissions of an Underpayment that is a Successful Payment will be subject to terms of Section 11 below with respect to such Underpayment amount only. You agree that MVP Motors will have no responsibility or obligation to reconcile or to seek to obtain such remaining invoice amount from a Shopper. You further agree that MVP Motors will have no liability related to a partially fulfilled Invoice to the extent an Underpayment is processed as set forth herein.
Overpayments occur when a Shopper sends funds in excess of the amount needed to fulfill the Invoice. In such cases, the Invoice is considered paid in full for the amount of the Invoice and is marked as an overpayment. Once the Invoice status is set to “complete”, the funds needed to fully pay the Invoice are applied to your Account. However, the excess funds are not applied. MVP Motors will send a notification by email and/or SMS message to the Shopper enabling them to request a refund for the excess funds. The Shopper also has the ability to request a refund of the excess funds directly from the Invoice.
“Orphan payments” occur when a transaction is received outside the time window referenced in Section 10.1, Invoice Generation and Competitive Exchange Rate Guarantee. Any payments sent to the expired Invoice will show up in MVP Motors's system as an orphan payment. Orphan payments also occur when a user sends cryptocurrency to one of our wallet addresses without a connection to an Invoice. MVP Motors cannot automatically associate orphan payments with an Invoice, merchant, Shopper email or SMS capable phone number. Orphan payments are failed payments, and cannot be applied to an Invoice. If an orphan payment occurs, the Shopper will need to generate a new Invoice and restart the checkout process.
Unless explicitly mentioned on our website or in this Agreement, we do not support or process payments for unsupported coins, tokens, or blockchain forks, collectively known as “Unsupported Payments” (“UP”). Shoppers should not pay a MVP Motors Invoice with UP or send UP to a MVP Motors address. If a Shopper transmits UP, they may lose any perceived value in the UP. Additionally, MVP Motors assumes no responsibility whatsoever with respect to UP and Shoppers will not be able to recover UP from MVP Motors.
If a payment exception occurs, MVP Motors will try to locate you or the Shopper, as applicable, using the information shown in our records, but if MVP Motors is unable to contact you or the Shopper, as applicable, and/or has no record of you or the Shopper's use of the Acceptance Services for several years, applicable law may require MVP Motors to report these funds as unclaimed property to the applicable jurisdiction. MVP Motors reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.
If we need to conduct an investigation or resolve any pending dispute related to your Account, or if required by law, court order, or at the request of law enforcement, we may delay settlement or restrict access to settlement funds. In the case of a delayed settlement, we will strive to promptly inform you, unless prohibited by court order or law enforcement. We will not be liable to you for any damages or harm caused as a result of such delayed settlement or restricted access.
You will have access to Account information detailing your ledger, transaction and settlement history through your Dashboard or via MVP Motors's API. Should you identify an error, you must notify us within thirty (30) calendar days of the ledger entry posting.
Upon your request, MVP Motors may in its sole discretion facilitate cryptocurrency refunds of Successful Payments in connection with the purchased goods or services from you as a Merchant on your behalf. You can decide to issue a partial refund or refund the full amount of the initial purchase. You can also decide whether to issue the refund based upon the value in which the relevant goods and/or services were priced (pricing currency) or the amount of the applicable cryptocurrency used to pay the Invoice (payment currency). Refunds will be remitted in the same cryptocurrency used to pay the Invoice. If you do not have enough funds in your Account to cover pending refund requests, we may require you to make a bank deposit to an account specified by us.
MVP Motors is not responsible for your refund policies, or for verifying that such policies conform to applicable law. We suggest you provide a clear refund policy to your Shoppers, as applicable (including, if applicable, “no refunds will be permitted”). For certain industries, a refund policy may not be possible. For refunds in amounts based upon the fiat pricing currency (i.e. the fiat price for the applicable goods/services), MVP Motors will convert the value of the currency in which the item was priced to the applicable cryptocurrency using the exchange rate at the time the refund is sent to the Shopper.
If a payment exception is refunded within 30 days after the Invoice creation date, the exact amount of cryptocurrency originally received that constitutes a payment exception will be returned to the Shopper, as applicable, less the applicable blockchain fees, if applicable.
If we receive a complaint from your Shopper, we will send it to you for resolution. We reserve the right to terminate Accounts that receive excessive complaints (see Section 4, Our Right to Decline, Suspend, or Close Your Account).
Merchants that wish to register complaints regarding our Acceptance Services should contact us via:
MVP Motors will clear payments from your Shoppers, as applicable, to you over the cryptocurrency peer-to-peer payment network and credit your Account ledger, according to your settlement preferences that you established in your Dashboard. The debits and credits to your Account ledger are funds temporarily held by MVP Motors until settlement to your bank account and/or wallet can take place. You may choose to receive settlement in a local currency, in any of the supported cryptocurrencies, or in a mixture of both, provided however, MVP Motors has the right in certain instances to impose settlement in a specific local currency or cryptocurrency based on the facts and circumstances.
An Account ledger will be created for each currency selected for settlement. If you change your settlement preferences, those changes will be effective for Account ledger balances that are received after the date of the change. Any Account ledger balances dating from before the preference change will settle pursuant to your pre-change settlement preferences.
You must provide us with written notice at least one (1) business day prior to closing your bank account. If you wish to continue to receive direct deposits, you must provide us with information for a substitute bank account. You are solely liable for all fees and costs associated with your bank account and for all overdrafts. You are also liable to us for any fees that we may incur based on your provision of inaccurate information or instructions. You authorize us to initiate electronic credits to your bank account at any time, as necessary to process your transactions. We will not be liable for any delays in receipt of funds or errors in bank account entries caused by third parties, nor will we be liable or responsible for any errors in the account or address information that you have provided to us.
Miner Fees or Blockchain Fees — Cryptocurrency transactions typically incur mine/blockchain fees. These fees are automatically created by cryptocurrency wallets in order to broadcast a transaction on a given blockchain network. These fees are paid to cryptocurrency miners (and their operators) that process transactions and maintain the respective network. Miner fees are variable depending on network conditions and the desired confirmation speed for the transaction. If a cryptocurrency network gets congested, the minimum required miner fee will be higher to ensure the transaction can be reliably processed on the network. Using a lower-than-average miner fee can put a transaction at risk of slow confirmation or no confirmation at all.
MVP Motors Network Costs — MVP Motors network costs are additional fees incurred by MVP Motors in aggregating received payments and settling such payments to merchants. Network costs are based upon the miner fees that MVP Motors incurs in providing its Services. Therefore, if miner fees rise, network costs also rise.
Other than as set forth in the following paragraph, we will charge you a processing fee for each Invoice successfully processed through your Account. These fees are deducted from your Account ledger balances (net settlements). MVP Motors's processing fee is listed for each Invoice in your Dashboard and in the API output. We reserve the right to change our processing fee. We will provide not less than thirty (30) days' advance notice of such a change, and your continued use of the Acceptance Services following the period of advance notice of the fee change constitutes your acceptance of such change.
Unless you instruct us otherwise, if you issue a full or partial refund on a Successful Payment, as described in Section 11 above, we will deduct the miner fee used to send such a refund from the amount of cryptocurrency that is refunded to the Shopper (i.e. the Shopper will bear this miner fee). If you choose to bear the miner fee for such a refund, this miner fee deduction will appear as a separate entry in your Account ledger after the refund is executed. We recommend that you disclose to Shoppers in your refund policy if they will bear miner fees on refunds of successful payments.
Miner Fees — The Shopper pays a miner fee in order to send funds from his/her cryptocurrency wallet to pay a MVP Motors Invoice.
MVP Motors Network Costs — If the estimated amount of the network cost is more than U.S.$0.01, MVP Motors lists the network cost on the Invoice and charges it as a separate fee to the Shopper.
Refund Fees on Payment Exceptions — If a Shopper's transaction ends up as a Payment Exception (see Section 10.4, Payment Exceptions), MVP Motors deducts the corresponding miner fee used to return the payment from the total refund amount.
You agree to indemnify MVP Motors, its affiliated and related entities, and any of its officers, directors, employees and agents from and against any claims, costs, losses, liabilities, damages, expenses and judgments of any and every kind (including, without limitation, costs, expenses, and reasonable attorneys' fees) arising out of, relating to, or incurred in connection with any claim, complaint, action, audit, investigation, inquiry, and/or other request or proceeding instituted or made in any form by a person or entity that arises or relates to any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms.
EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, WE PROVIDE THE ACCEPTANCE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOUR USE OF THE ACCEPTANCE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE THE ACCEPTANCE SERVICES WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT). WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE ACCEPTANCE SERVICES (AND OUR WEBSITE): WILL OPERATE ERROR-FREE OR THAT DEFECTS OR ERRORS WILL BE CORRECTED; WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE, UNINTERRUPTED OR SECURE AT ANY PARTICULAR TIME OR LOCATION; ARE FREE FROM VIRUSES OR OTHER HARMFUL CONTENT. WE DO NOT ENDORSE, WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED OR ADVERTISED BY A THIRD PARTY THROUGH THE ACCEPTANCE SERVICES OR THROUGH OUR WEBSITE, AND WE WILL NOT BE A PARTY TO NOR MONITOR ANY INTERACTIONS BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR ANY LOSS, THEFT, DISAPPEARANCE, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE ACCEPTANCE SERVICES, REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT WE KNEW THAT SUCH DAMAGE MAY HAVE BEEN INCURRED.
IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING, VIRUS TRANSMISSION OR OTHER UNAUTHORIZED ACCESS OR USE OF THE ACCEPTANCE SERVICES, YOUR ACCOUNT, OR ANY INFORMATION CONTAINED THEREIN.
IN NO EVENT WILL OUR LIABILITY FOR ANY DAMAGES ARISING IN CONNECTION WITH THE ACCEPTANCE SERVICES OR THESE TERMS EXCEED THE FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE ACCEPTANCE SERVICES DURING THE 6 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
MVP MOTORS AND ITS AFFILIATES ARE SUBJECT TO AN EXTENSIVE AND HIGHLY-EVOLVING REGULATORY LANDSCAPE. IN NO EVENT WILL MVP MOTORS OR ITS AFFILIATES BE LIABLE FOR ANY MONETARY FINES OR OTHER PENALTIES OR CONSEQUENCES (WHETHER FINANCIAL, EQUITABLE, OR OTHERWISE) THAT MAY BE IMPOSED BY ANY REGULATORY OR LAW ENFORCEMENT AUTHORITY (INCLUDING BUT NOT LIMITED TO THE DEPARTMENT OF JUSTICE, INTERNAL REVENUE SERVICE, SECURITIES AND EXCHANGE COMMISSION, AND COMMODITY FUTURES TRADING COMMISSION) OR IN CONNECTION WITH OR OTHERWISE RELATING TO OR ARISING FROM ANY REGULATORY OR LAW ENFORCEMENT INQUIRY AND/OR PROCEEDING RELATING TO YOUR USE OF ANY SERVICES OR INFORMATION PROVIDED BY MVP MOTORS OR ITS AFFILIATES.
You are solely responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason in connection with the use of the Acceptance Services. You also are solely responsible for collecting, withholding, reporting, and remitting correct taxes to the appropriate tax authorities. MVP Motors is not obligated to nor will MVP Motors determine whether taxes apply, nor calculate, collect, report, or remit any taxes to any tax authorities arising from any individual transaction.
If in a given calendar year using the Acceptance Services you receive (i) more than U.S.$20,000 in gross amount of payments and (ii) more than 200 payments, MVP Motors will report annually to the U.S. Internal Revenue Service, as required by law, your name, address, employer identification number, the total dollar amount of the payments you receive in a calendar year, and the total dollar amount of the payments you receive for each month in a calendar year.
MVP Motors is not providing any tax, accounting, or legal advice to you or any other party in connection with the Acceptance Services and makes no representation regarding legal or tax obligations or consequences related to or arising from these Terms, including regarding the availability of any income tax deduction or tax treatment for any payment. You assume sole liability and responsibility for federal, state, and/or local tax obligations or consequences that may arise from or that are related to these Terms and will not seek any indemnification from or otherwise seek to impose any liability on MVP Motors in regard thereto.
MVP Motors will have no responsibility whatsoever for ensuring the accuracy or currentness of any information in such forms. Completing any tax forms, including obtaining any necessary appraisals, is your sole responsibility.
You may not transfer or assign these Terms or any rights granted by these Terms. You agree and acknowledge that we may assign or transfer these Terms.
Should any provision of the Terms be determined to be invalid or unenforceable under any law, regulation, or court order, such determination will not affect the validity or enforceability of any other provision of the Terms.
A party's failure to assert any right or provision in the Terms shall not constitute a waiver of such right or provision, and no waiver of any term shall be deemed a further or continuing waiver of such or other term.
The Terms, including other of MVP Motors's terms referenced herein, represents the entire understanding between you and us unless otherwise amended in writing in a separate agreement with MVP Motors. Headings are included for convenience only and shall not be considered in interpreting the Terms.
Any notice or other communication given to a party in connection with the Terms shall be in writing in English. Notices may be sent by a recognized overnight air courier and/or by email. The parties agree that all terms, conditions, agreements, notices, disclosures or other communications that we provide to each other electronically will be considered to be “in writing”. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action. MVP Motors may send notices to you at the email and physical address that you submit in creating your Account. You may update these addresses through your Dashboard. Notices to MVP Motors may be sent to MVP Motors, Inc., 1900 N Washington Blvd., Sarasota, Florida, United States to the Attention of Legal Department or via email to legal@mvpmotors.com
To the extent that your relationship is with MVP Motors, Inc., these Terms are governed by the laws of the State of Florida, USA, unless preempted by U.S. federal law, without regard to conflict of law rules.
If your contractual relationship is with MVP Motors, Inc. and a disagreement or dispute arises that in any way involves the Acceptance Services or the Terms and cannot be resolved between the parties with reasonable effort, the disagreement or dispute shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (AAA), to take place in Sarasota, Florida, U.S.A. or a location agreed upon by both parties, and will be conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA. The arbitration shall be conducted in the English language.
You agree that, unless prohibited by law, there shall be no authority for any claims to be arbitrated on a class or representative basis, and arbitration will only decide a dispute between you and us. Arbitration proceedings must be initiated within one (1) year after the disagreement or dispute arises. If any part of this arbitration clause is later deemed invalid as a matter of law, then the remaining portions of this section shall remain in effect, except that in no case shall there be a class arbitration.
We may make changes to these Terms from time to time, and if we do, we will notify you by revising the date at the top of the Terms. We will provide email or similar notification if material changes are made to these Terms. Unless otherwise noted, the amended Terms will be effective immediately, and your continued use of our Services will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.
Neither party will be liable for delays in processing or other non-performance caused by such events as fires, telecommunications, utility, or power failures, equipment failures, labor strife, riots, war, non-performance of our vendors or suppliers, acts of God, pandemics, or other causes over which the respective party has no reasonable control; provided that the party has procedures reasonably suited to avoid the effects of such acts.
A party's “Confidential Information” is defined as any information of the disclosing party, which: (a) if disclosed in a tangible form is marked as “Confidential” or “Proprietary” or if not so marked, should be reasonably understood by the receiving party from the context of disclosure or from the information itself, to be confidential; (b) if disclosed orally or visually is declared to be confidential or, if not so declared, should be reasonably understood by the receiving party from the context of disclosure or from the information itself to be confidential; or (c) is designated as Confidential Information in these Terms. Confidential Information shall include without limitation, information accessed via the MVP Motors API, technical specifications and processes of each party, and all Merchant, as applicable, data. Each party shall hold the other party's Confidential Information in confidence and shall not disclose such Confidential Information to third parties nor use the other party's Confidential Information for any purpose other than solely as required and necessary to perform its obligations under these Terms. Such restrictions shall not apply to Confidential Information that: (a) is known by the recipient prior to the date of disclosure by the disclosing party; (b) becomes publicly known through no act or fault of the recipient; (c) is received by recipient from a third party without a restriction on disclosure or use; or (d) is independently developed by recipient without reference to or knowledge of the Confidential Information.
Notwithstanding the foregoing, a party may share Confidential Information with an affiliate in the event that the other party requests services from such affiliate and such affiliate shall be bound by this Section. In the event Confidential Information is required to be disclosed by a court, government agency, regulatory requirement, or similar disclosure requirement, the party subject to such requirement shall promptly notify the disclosing party upon learning of the existence or likely existence of such requirement and shall use reasonable efforts to avoid such disclosure and, if necessary, use reasonable efforts to obtain confidential treatment or protective order covering any disclosed Confidential Information. The parties' respective obligations to maintain the confidentiality of information disclosed hereunder shall survive the expiration or termination of these Terms or until such time as such information becomes public information through no fault of the receiving party.
The provisions of Sections 3 (Representations and Warranties), 4.8.3 (Effect of Account Closure), 6 (Security and Wallet Security), 7 (Privacy), 8 (Ownership and Use of Services and Intellectual Property), 9 (Advertising and Marketing), 10.5 (Delayed Settlement), 15 (Indemnification), 16 (No Warranties), 17 (Limitation of Liability), and 18 (Miscellaneous) shall survive the termination of these Terms.
Nothing in this Agreement is intended to, or shall be deemed to, establish any joint venture between the Parties, and other than the limited agency established in Section 1, nothing is intended to establish either Party as an agent of the other.
For the purposes of these Terms, a business day shall be standard business hours on any day excluding Saturday or Sunday and, as to MVP Motors, Inc., days generally accepted as federal holidays in the United States.
Contact
MVP Motors Inc., 1900 N Washington Blvd, Sarasota, Florida 34234, United States
Email: support@mvpmotors.com · legal@mvpmotors.com
Phone: +1 (800) 566-4650