In the event your employer has a written agreement with respect to Motion, that written agreement governs the relationship between your employer and Motion.
The contents of this Website, such as text, information, data, graphics, images, and other material (the “Content”) are for informational purposes only. This Website does not provide medical care services and is not to be considered professional healthcare advice, nursing or the practice of medicine. Rather, the Site provides general information regarding health care that should in no way be construed as specific instructions or a treatment plan. Motion makes no representations or warranties, whether express, implied in law, or residual, as to the accuracy, completeness, or reliability of information, opinions, data or content contained on the Websites and Services, and shall not be bound in any manner by any information contained on the Websites or Services. This Website does not intend to be, and should never considered, a substitute for proper medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions regarding your medical condition or the use (or frequency) of any medication or medical device. Never disregard or delay seeking professional medical advice because of something you have seen or read on Motion’s Website. Reliance on information found on or in relation to the Website is solely at your own risk.
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
GENERAL USE OF THE Website
You may access, view and use the content on the Website on your computer or other device and make copies or prints of the content on the Website for your personal, non-commercial use only. You must be 18 years or older and live in the United States to access, view, or use this Website. IF YOU ARE UNDER 18 YEARS OF AGE OR OUTSIDE OF THE UNITED STATES, YOU MAY NOT CONSENT TO USE OR ACCESS OUR SITE OR SERVICES.
Your use of this Site must be in accordance with all applicable laws. You acknowledge that you do not acquire any ownership rights in this Site or any Content.
You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail or other addresses, contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Website, including without limitation any information residing on any server or database connected to the Website; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information (i.e., hacking) through any means; (iii) use the Website in any manner with the intent to interrupt, damage, disable, overburden, or impair the Website, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Website in violation of our or any third party's intellectual property or other proprietary or legal rights; (v) insert your own or a third party's advertising, branding or other promotional content into any of the Website's content, materials or services, or (vi) use the Website in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website.
As the user of the Website, you understand that we own or have licensed from third parties (including the providers of Content, see below), the right, title and interest in and to the Website, the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, etc.), code, data and materials used in connection with the Website, the look and feel, design and organization of the Website, and the compilation of the content, code, data and materials on the Website, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights and other intellectual property and proprietary rights therein.
The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed or used on the Website or on material available through the Website are our registered and unregistered Trademarks and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by us that appear on the Website, if any, are the property of their respective owners. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Website without our written permission or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Website is strictly prohibited.
Your use of the Website does not grant to you ownership of any content, code, data or materials you may access on or through the Website, or download from the Website. Nothing on this Site should be construed as conferring by implication, estoppel or otherwise any license or right under any trademarks, copyrights, patents, technologies, products, or other proprietary rights of Motion, any of its third party vendors or other third parties.
You represent and warrant that you own all of the material submitted to our Website and that you have all rights necessary to grant us the license to use such material.
We respect the intellectual property rights of others, and require that the people who use the Website, or the features made available on or through the Website, do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Motion's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Motion, 480 2nd St. Suite 100, San Francisco, CA 94107.
Private or Sensitive Information
Linking to the Website
You agree not to download or use images hosted on this Website on another website, for any purpose without our express written permission. You agree not to link from any other website to this Website in any manner such that the Website, or any page of the Website, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Website be discontinued, and to revoke your right to link to the Website from any other website at any time upon written notice to you.
THIRD PARTY WEBSITES
You may be able to link from the Website to third party websites and third party websites may link to the Website (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, code or other materials presented on or through such websites. The inclusion of any link to such sites on our Website does not imply our endorsement or recommendation of that site and we do not represent or warrant that the contents of any third party website is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. We do not endorse and are not responsible for the information and security practices or privacy policies of web sites operated by others that may be linked to or from this Site. No web sites that link to this Site may frame or otherwise incorporate the Content on this Site. Any reliance on the contents of a third party website is done at your own risk.
NO ILLEGAL OR MALICIOUS USE
No User may use the Website for any illegal, malicious or unauthorized purpose or to abuse, harass, threaten, intimate, or impersonate any other User. Any such use will result in termination to the User’s access to the Website and of the User’s account.
If a User does not comply with any aspect of these Terms, we may (without prejudice to any other rights or remedies available to it) cancel or suspend that User’s account, disable the ability of that User to use the Website, and/or terminate these Terms. We shall not be liable for any loss or damage suffered by Users as a result of our exercise of rights under this clause.
We take reasonable measures to keep User Account Information secure against unauthorized use or access. However, Users shall be responsible for maintaining the security of their account by keeping their User Account Information, Passcode number and log-in details confidential and secure, and not sharing any such information with any third party. Users must select their Passcode numbers carefully, and Passcode numbers must not be sequential or easily-identifiable numbers (for example, birthdates, 1-2-3-4, or 1-1-1-1).
We shall not be liable for any loss, cost, or damage suffered as a result of any unauthorized use of the Website by any third party caused by a User’s failure to comply with these provisions. Users must notify us immediately if they suspect or become aware of any unauthorized or fraudulent use of their account.
DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE WEBSITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, USEABILITY, ACCURACY, PRECISION, CORRECTNESS, COMPLETENESS, OR USEFULNESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. YOUR USE OF THIS SITE IS SOLELY AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE WEBSITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. ANY MATERIAL OBTAINED THROUGH THE USE OF THIS SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY SUCH MATERIAL. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE WEBSITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE WEBSITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE NEITHER ENDORSE NOR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE IN THE CONTENT PROVIDED BY USERS.
LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, ANY OF OUR DIRECTORS, ADVISORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEBSITE, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEBSITE.
We control and operate the Website from the United States of America. We do not represent that materials on the Website are appropriate or available for use in other locations. Persons who choose to access the Website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.
Our Website is subject to the United States export control laws and regulations, and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import any data on our Website, as may be required.
We may terminate, change, suspend or discontinue any aspect of the Website. We may restrict, suspend or terminate your access to the Website if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. We maintain a policy that provides for the termination, in appropriate circumstances, of the Website use privileges of users who are repeat infringers of intellectual property rights.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent and any attempt by you to do so shall be null and of no effect. We may assign or transfer these Terms, at our sole discretion, in connection with the merger, acquisition, or sale of any or all of our business and/or our assets to a third party. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
If you have any questions or comments about these Terms, please email us at [email protected].
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.