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Please read these terms and conditions of use carefully before using or obtaining any materials, information, products or services through this site. By accessing, using or obtaining any content, data, materials, information, products or services through the Motio, Inc. (“Motio”) website (“This Website”), you agree to these terms and conditions (“Terms”). If you do not accept all of these terms, then please do not use This Website.
1.0 We Believe in What We Own and License. Motio, along with our partners (the “Our Affiliates”), own This Website and all of the text, images, software, trademarks, service marks or other material contained on This Website (the “Motio System”). You will not copy or transmit any part of the Motio System, except for your personal, non-commercial use on your computer. All copyright, trademark and other proprietary rights notices included in the Motio System as presented at This Website must appear on all copies you print. The following trademarks, logos and service marks displayed on This Website are the property of Motio; Motio, MotioCI, MotioCI Air, MotioCI Enterprise, MotioCI Lite, MotioCI CE, MotioADF, MotioCAP, MotioPI. Other product, service, or company designations on This Website belong to the Our Affiliates, or other companies and may be mentioned in This Website for identification purposes only. You should contact the appropriate Our Affiliates for more complete information regarding such designations and their registration status. Your use of and access to This Website do not grant you any license or right to use any of the marks included on This Website.
2.0 Use the Site Carefully. You may only register to become a member of This Website if you are of sufficient legal age and can enter into binding contracts. If you join us and become a member, you are responsible for maintaining the secrecy of your passwords, login and account information. You will be responsible for all uses of This Website by you and anyone using your password and login information (with or without your permission). You agree not to use This Website for any purpose that is unlawful, illegal or forbidden by these Terms. In addition, you agree not to do any of the following without express written permission of Motio: (i) access the This Website with any manual or automated process for any purpose other than your personal use or for inclusion of Motio pages in a search index; (ii) violate the restrictions in any robot exclusion headers on This Website or bypass or circumvent other measures employed to prevent or limit access to This Website; (iii) deep-link to any portion of This Website for any purpose; (iv) use any device, software or routine that interferes or attempts to interfere with the normal operation of This Website or take any action that imposes an unreasonable load on our computer or network equipment. (v) obtain access to This Website with intent to obtain Motio intellectual property with which to undertake work that may be detrimental now or in the future to Motio or it’s licensors. We may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of This Website.
4.0 No Warranties of Any Kind. This Website and all content and services provided on This Website are provided on an “as is” and “as available” basis. Motio expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance. Motio makes no warranty, and expressly disclaims any obligation, that: (a) This Website will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basis; (b) the content will be up-to-date, complete, comprehensive, accurate or applicable to your circumstances; (c) the results that may be obtained from the use of This Website or any services offered through the site will be accurate or reliable; or (d) the quality of any products, services, information, or other material obtained by you through the site will meet your expectations.
5.0 Limiting Liability. We (together with our officers, directors, employees, representatives, affiliates, and providers) will not be responsible or liable for (a) any damages to or viruses that may infect your computer equipment or other property as the result of your access to This Website or your downloading of any content from This Website or (b) any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with (i) any use of This Website or content, (ii) any failure or delay (including without limitation the use of or inability to use any component of this Website for reservations or ticketing), or (iii) the performance or non performance by us or any provider, even if we have been advised of the possibility of damages to such parties or any other party. Some states do not allow the limitation of liability, so the limitations above may not apply to you.
6.0 Help us help you. You will defend, indemnify and hold us and the Our Affiliates, and each of our officers, directors, employees and agents, harmless from and against any claim, cause of action, liability, expense, loss or demand, including without limitation reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these Terms or the agreements made part of these Terms by reference, your use of or access to This Website.
7.0 Our Affiliates. Motio’s display on or through the website of alternative product options offered by third parties does not in any way imply, suggest, or constitute any sponsorship or approval of Motio by any partner or any affiliation between any such Our Affiliate and Motio. Motio’s display of specific options does not suggest a recommendation by Motio of Our Affiliates or their product or service options. You agree that Motio is in no way responsible for the accuracy, timeliness or completeness of information it may obtain from Our Affiliates. Your interaction with any Our Affiliates accessed through This Website is at your own risk, and Motio will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such Our Affiliates or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the Our Affiliates.
8.0 Catch All Clause. Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as having entered into a joint venture or partnership for any purpose. You may not assign, delegate or transfer your rights or obligations under these Terms. We may assign our rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you. We may modify these Terms, at any time, by posting notice on This Website at least ten (10) days before any modification becomes effective. Your continued use of This Website following the posting of notice of any modification will be subject the Terms in effect at the time of your use. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with This Website in any way, your only recourse is to immediately terminate use of This Website. Other terms and conditions may apply to your reservations, bookings and purchases of services through This Website, the Our Affiliates’ websites, and to your use of other portions of This Website. You will observe these other terms and conditions. If we fail to act with respect to your breach or anyone else’s breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. These Terms, together with those agreements made a part of these Terms by reference, make up the entire agreement between us relating to your use of This Website, and replace any prior understandings or agreements (whether oral or written) regarding your use of This Website. The laws of the State of Texas (USA), without regard to its conflict of laws rules, will govern these Terms, as well as your and our observance of them. If you take any legal action relating to your use of This Website or these Terms, you agree to file such action only in the state and federal courts located in Dallas, Texas (USA). In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorney fees. You acknowledge that you have read and understood these Terms, and that these Terms have the same force and effect as a signed agreement.
9.0 Tell Us What You Really Think. We would like you to share your comments and questions with us here, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas) and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future Motio programs. Also, please remember that you are responsible for whatever material you submit, including its reliability, originality, and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any and all rights to materials submitted to us become the exclusive property of Motio.