 |
 |
Terms of Use
Moticate.com Terms of Service
Hello, and welcome to Moticate.com!
Moticate.com provides Web site creation and Internet hosting, and offers Internet application Content for personal health and fitness related information and scheduling Content. This may include a variety of means such as calendaring and scheduling Content; client contact Content, discussion fora, chats and reviews for information sharing. Please read this User agreement, which also contains our Privacy Policy. By using Moticate.com, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms of Use and any other posted guidelines or rules applicable to any Moticate.com feature or service. If you don't agree to any part of this agreement, you must terminate your use of this site immediately.
1 Amendments to this Agreement.
We reserve the right to make changes to these Terms of Use and any other site guidelines at any time. Any modification hereto shall become effective immediately upon posting to Moticate.com. You will be responsible to check this Agreement from time to time to see if there are any changes to that may affect your use. Continued use of Moticate.com after any such change constitutes acceptance of all changes.
2 Definitions.
"Content" means any content, service, or property accessible within the internet domain Moticate.com. This includes all text, images, and software.
"Moticate.com" means Moticate, Inc., a Massachusetts corporation, and all Content that it provides.
"Users" or "you" as used herein means all paying and non-paying Moticate.com Users.
3 Fees.
All services provided or managed by us, including third party services such as domain name registrations etc., will be renewed and charged to you as was previously charged unless you notify us of cancellation at least thirty (30) days prior to a scheduled renewal time. We may modify any fee upon thirty (30) days' notice. You may reject any fee change by notifying us at least ten (10) days before new fees are scheduled to take effect, in which case all applicable services will be discontinued at renewal time. Any late or rejected payment will be subject to interest and/or service charges, and shall be cause for immediate suspension of any Content that we provide to you.
4 User License; Ownership.
If you have signed up, and paid for a Moticate.com subscription, you are granted one (1) license for use of our Content and services for the duration of your subscription. We reserve the right, at our sole discretion and at any time, to make any changes, modifications, amendments, alterations, and or deletions to any Content, including advertising, which we may make available at Moticate.com.
5 Use and Storage.
You acknowledge that we may establish general practices and limits concerning use of all Content, including without limitation the maximum number of days that e-mail messages or other uploaded content will be retained, the maximum number of e-mail messages that may be sent from or received by an account, the maximum size of any e-mail message that may be sent from or received, the maximum disk space that will be allotted on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any messages or other communications or content maintained or transmitted by us. You acknowledge that we reserve the right to modify these general practices and limits from time to time.
6 Term and Termination.
All subscriptions hereunder shall be automatically renewed unless you notify us that you do not wish to renew at lease thirty (30) day prior to the expiration of a given subscription period.
Moticate.com reserves the right to ban or block access to any User including any advertiser. Moticate.com also reserves the right in its sole discretion to refuse or cancel usage, subscription or advertising campaigns, paid or unpaid, subscriptions with or without refund at any point in time. In no case will any refund amount exceed the amount paid by a User. The decision to provide a refund in any particular instance shall be at the discretion of Moticate.com, and no past refunds shall constitute a waiver of such discretion.
7 Ownership; Intellectual Property.
Unless otherwise specified herein, all Content remains our property. Any unauthorized use of Moticate.com or resale, repurposing, or reproduction of Content is expressly prohibited. This includes providing links to specific Content related pages other than our Home page for any commercial purpose that has not been specifically authorized by us in writing. Any deliberate misuse, reproductions or misappropriation of the Content may violate Federal copyright and patent statutes and result in damages as outlined in those statutes.
You agree not to attempt to bypass and authentication and security mechanisms maintained by Moticate.com or to reverse engineer the software on this Web site.
You agree not to post any Content on this site that:
1 infringes any third-party intellectual property or publicity/privacy rights
2 violates any applicable law or regulation
3 is defamatory, obscene or child pornographic
4 contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
5 is otherwise tortious or criminal
6 is related to any service in connection with any junk e-mail, spam, or unsolicited messages, commercial or otherwise
If you post Content or submit material, unless we state otherwise, you grant Moticate.com, its affiliates, parents and partners a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media.
You represent and warrant that you own or otherwise control all of the rights to any Content that you post; that the Content is accurate; that use of the Content you supply does not violate our site's policies and will not cause injury to any person or entity; and that you will indemnify Moticate.com or its affiliates, parents and partners for all claims resulting from Content you supply.
8 Domain Names.
Any domain name that we purchase for you that you supply to us will be your property. You grant Moticaete.com and its affiliates, parents and partner the right to use the domain name that you use in connection with its services for the duration of your subscription. You will be listed as “Registrant” and “Administrative Contact” and we will be listed as the “Technical Contact” and “Billing Contact” for any domain name that we purchase on your behalf. In order to assist in the continued availability of your domain name(s), we may renew domain names on your behalf as long as you maintain your account with us in good standing, charging your account accordingly. However, the ultimate responsibility for the maintenance of your domain name will be yours alone. Upon termination of your account with us, you will be solely responsible for your domain name(s).
9 Disclaimer of Warranty.
YOU UNDERSTAND AND AGREE THAT:
USE OF OUR SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT
1 THE SERVICE WILL MEET YOUR REQUIREMENTS
2 THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
3 THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE
4 THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
5 ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY.
10 Limitation of Liability.
MOTICATE.COM SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, OR ALTERATION (INCLUDING DELETION) OF ANY CONTENT PUBLIC OR PRIVATE, INCLUDING SCHEDULES, CONTENT, ETC.
MOTICATE SHALL BEAR NO LIABILITY FOR ANY PRODUCTS OR CONTENT PROVIDED HEREUNDER, INCLUDING ANY LIABILITY FOR NEGLIGENCE. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, EVEN IF MOTICATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO SOME USERS.
IN NO EVENT SHALL MOTICATE'S TOTAL LIABILITY TO A USER FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT PAID BY THAT CUSTOMER OR VISITOR TO MOTICATE FOR THE CONTENT DURING THE YEAR PRIOR TO ACCRUAL OF THE DAMAGES, LOSSES, OR CAUSES OF ACTION. USERS FURTHER AGREE THAT MOTICATE, ITS EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY LOST PROPERTY OR DATA OF THE CUSTOMER OR ANY CLAIM OR DEMAND AGAINST THE USER BY ANY OTHER PARTY.
11 Indemnity.
By accessing our Content, you agree to indemnify, defend and hold harmless Moticate.com, its parents, subsidiaries, affiliates, officers, employees, and consultants against any claims or demands, of physical, material, monetary or other nature, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Moticate.com, its features, or any Content provided therein, the violation of these Terms of Use by you, or the infringement by you, or any other User of your account, of any intellectual property or other right of any person or entity.
12 Privacy.
We may collect personal information that you provide to us through our Web site for the purposes of: customer administration, identity and age verification, verification of physical fitness and the ability to participate in an exercise program, physical fitness progress tracking, and the technical administration of our site and Content. Information that you provide will only be shared with your trainer. Our staff will only access your personal information when needed to service your account or to administer our site and Content.
We protect the privacy of children. Specifically, we require that all Users of our site and service be over the age of 18. A birth date is required and checked before other personal information is collected.
We give you the option of using a secure transmission method to send us any personal information that we collect, including (but not limited to): primary personal data (such as name and contact details), other personal and profiling data (such as physical description, leisure activities), identifiers (such as credit card details and passwords), and specific personal data (such as racial or ethnic origin and medical history data).
We have implemented security policies, rules, and technical measures to protect the personal data that we have under our control from unauthorized access, improper use or disclosure, unauthorized modification, and unlawful destruction or accidental loss. All of our employees are obliged to respect the confidentiality of our Users’ personal data. However, Content posted or uploaded by Users may be stored on computers maintained by and in control of Moticate.com's Service Provider. Any expectation of privacy by a User is limited by and subject to the scope of the Service Provider's privacy policies.
Moticate.com reserves the right to collect and reveal any data provided by a User or other information in its possession in cooperation with a request or investigation by any governmental body or governmental agency, in response to a subpoena issued by any governmental body or governmental agency, in the course of responding to any claim by a third party that a User is accessing the Content in connection with an infringing, illegal or improper activity or that the data infringes rights of the third party, or in response to request for identification in connection with claim of Copyright or Trademark infringement by the User.
You may access and review all personal data that you have provided to us by logging into our Web site and viewing your personal information and preference pages. You may correct, remove, or complete any inaccurate or incomplete information yourself through our Web site after identifying yourself with standard login information. You may contact us with any questions that you may have about our privacy policy.
13 United States Copyright Act Designation.
Moticate.com respects the intellectual property of others and we ask our Users to do the same. If you believe that your copyrighted work has been infringed and you want us to take down or disable the infringement, please contact the following Moticate.com designated agent with the following information:
▪ An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
▪ A description of the copyrighted work that you claim has been infringed upon;
▪ A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
▪ Your address, telephone number, and e-mail address;
▪ 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;
▪ 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 authorized to act on the copyright owner's behalf.
Copyright Act Notices should be addressed as follows:
Copyright Agent
Moticate, Inc.
15 Hinckley Road
Waban, MA 02468
Tel: 617.233.2773
E-mail: copyright@moticate.com
14 Choice of Law and Jurisdiction; Attorneys Fees.
Any interpretation and enforcement of these Terms of Use shall be governed by the laws of the Commonwealth of Massachusetts, excluding its choice of law rules. All Users hereby submit to the exclusive personal jurisdiction of the federal and state courts of the Commonwealth of Massachusetts, for any action arising out of or relating to their use of the Content or any of the Content of Moticate.com. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including, but not limited to, its costs, both taxable and non-taxable, and reasonable attorney's fees.
15 Severability; Entire Agreement; Non-Waiver.
If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter. Failure by Moticate.com to enforce any provision of these Terms of use shall not be construed as a waiver of any provision or right.
16 Notices.
All notices hereunder will be sent to your e-mail address as it appears in our files. We are not responsible for unread or un-delivered messages. All notices sent to us under the terms of this agreement must be mailed to our address, as stated above, or sent by e-mail to info@moticate.com. E-mail notice will be considered sent when we have acknowledged receipt of your e-mail.
Moticate.com Terms of Service
Hello, and welcome to Moticate.com! Moticate.com provides Web site creation and Internet hosting, and offers Internet application Content for personal health and fitness related information and scheduling Content. This may include a variety of means such as calendaring and scheduling Content; client contact Content, discussion fora, chats and reviews for information sharing. Please read this User agreement, which also contains our Privacy Policy. By using Moticate.com, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms of Use and any other posted guidelines or rules applicable to any Moticate.com feature or service. If you don't agree to any part of this agreement, you must terminate your use of this site immediately.
1 Amendments to this Agreement.
We reserve the right to make changes to these Terms of Use and any other site guidelines at any time. Any modification hereto shall become effective immediately upon posting to Moticate.com. You will be responsible to check this Agreement from time to time to see if there are any changes to that may affect your use. Continued use of Moticate.com after any such change constitutes acceptance of all changes.
2 Definitions.
"Content" means any content, service, or property accessible within the internet domain Moticate.com. This includes all text, images, and software.
"Moticate.com" means Moticate, Inc., a Massachusetts corporation, and all Content that it provides.
"Users" or "you" as used herein means all paying and non-paying Moticate.com Users.
3 Fees.
All services provided or managed by us, including third party services such as domain name registrations etc., will be renewed and charged to you as was previously charged unless you notify us of cancellation at least thirty (30) days prior to a scheduled renewal time. We may modify any fee upon thirty (30) days' notice. You may reject any fee change by notifying us at least ten (10) days before new fees are scheduled to take effect, in which case all applicable services will be discontinued at renewal time. Any late or rejected payment will be subject to interest and/or service charges, and shall be cause for immediate suspension of any Content that we provide to you.
4 User License; Ownership.
If you have signed up, and paid for a Moticate.com subscription, you are granted one (1) license for use of our Content and services for the duration of your subscription. We reserve the right, at our sole discretion and at any time, to make any changes, modifications, amendments, alterations, and or deletions to any Content, including advertising, which we may make available at Moticate.com.
5 Use and Storage.
You acknowledge that we may establish general practices and limits concerning use of all Content, including without limitation the maximum number of days that e-mail messages or other uploaded content will be retained, the maximum number of e-mail messages that may be sent from or received by an account, the maximum size of any e-mail message that may be sent from or received, the maximum disk space that will be allotted on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any messages or other communications or content maintained or transmitted by us. You acknowledge that we reserve the right to modify these general practices and limits from time to time.
6 Term and Termination.
All subscriptions hereunder shall be automatically renewed unless you notify us that you do not wish to renew at lease thirty (30) day prior to the expiration of a given subscription period.
Moticate.com reserves the right to ban or block access to any User including any advertiser. Moticate.com also reserves the right in its sole discretion to refuse or cancel usage, subscription or advertising campaigns, paid or unpaid, subscriptions with or without refund at any point in time. In no case will any refund amount exceed the amount paid by a User. The decision to provide a refund in any particular instance shall be at the discretion of Moticate.com, and no past refunds shall constitute a waiver of such discretion.
7 Ownership; Intellectual Property.
Unless otherwise specified herein, all Content remains our property. Any unauthorized use of Moticate.com or resale, repurposing, or reproduction of Content is expressly prohibited. This includes providing links to specific Content related pages other than our Home page for any commercial purpose that has not been specifically authorized by us in writing. Any deliberate misuse, reproductions or misappropriation of the Content may violate Federal copyright and patent statutes and result in damages as outlined in those statutes.
You agree not to attempt to bypass and authentication and security mechanisms maintained by Moticate.com or to reverse engineer the software on this Web site.
You agree not to post any Content on this site that:
1 infringes any third-party intellectual property or publicity/privacy rights
2 violates any applicable law or regulation
3 is defamatory, obscene or child pornographic
4 contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
5 is otherwise tortious or criminal
6 is related to any service in connection with any junk e-mail, spam, or unsolicited messages, commercial or otherwise
If you post Content or submit material, unless we state otherwise, you grant Moticate.com, its affiliates, parents and partners a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media.
You represent and warrant that you own or otherwise control all of the rights to any Content that you post; that the Content is accurate; that use of the Content you supply does not violate our site's policies and will not cause injury to any person or entity; and that you will indemnify Moticate.com or its affiliates, parents and partners for all claims resulting from Content you supply.
8 Domain Names.
Any domain name that we purchase for you that you supply to us will be your property. You grant Moticaete.com and its affiliates, parents and partner the right to use the domain name that you use in connection with its services for the duration of your subscription. You will be listed as “Registrant” and “Administrative Contact” and we will be listed as the “Technical Contact” and “Billing Contact” for any domain name that we purchase on your behalf. In order to assist in the continued availability of your domain name(s), we may renew domain names on your behalf as long as you maintain your account with us in good standing, charging your account accordingly. However, the ultimate responsibility for the maintenance of your domain name will be yours alone. Upon termination of your account with us, you will be solely responsible for your domain name(s).
9 Disclaimer of Warranty.
YOU UNDERSTAND AND AGREE THAT:
USE OF OUR SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT
1 THE SERVICE WILL MEET YOUR REQUIREMENTS
2 THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
3 THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE
4 THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
5 ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY.
10 Limitation of Liability.
MOTICATE.COM SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, OR ALTERATION (INCLUDING DELETION) OF ANY CONTENT PUBLIC OR PRIVATE, INCLUDING SCHEDULES, CONTENT, ETC.
MOTICATE SHALL BEAR NO LIABILITY FOR ANY PRODUCTS OR CONTENT PROVIDED HEREUNDER, INCLUDING ANY LIABILITY FOR NEGLIGENCE. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, EVEN IF MOTICATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO SOME USERS.
IN NO EVENT SHALL MOTICATE'S TOTAL LIABILITY TO A USER FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT PAID BY THAT CUSTOMER OR VISITOR TO MOTICATE FOR THE CONTENT DURING THE YEAR PRIOR TO ACCRUAL OF THE DAMAGES, LOSSES, OR CAUSES OF ACTION. USERS FURTHER AGREE THAT MOTICATE, ITS EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY LOST PROPERTY OR DATA OF THE CUSTOMER OR ANY CLAIM OR DEMAND AGAINST THE USER BY ANY OTHER PARTY.
11 Indemnity.
By accessing our Content, you agree to indemnify, defend and hold harmless Moticate.com, its parents, subsidiaries, affiliates, officers, employees, and consultants against any claims or demands, of physical, material, monetary or other nature, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Moticate.com, its features, or any Content provided therein, the violation of these Terms of Use by you, or the infringement by you, or any other User of your account, of any intellectual property or other right of any person or entity.
12 Privacy.
We may collect personal information that you provide to us through our Web site for the purposes of: customer administration, identity and age verification, verification of physical fitness and the ability to participate in an exercise program, physical fitness progress tracking, and the technical administration of our site and Content. Information that you provide will only be shared with your trainer. Our staff will only access your personal information when needed to service your account or to administer our site and Content.
We protect the privacy of children. Specifically, we require that all Users of our site and service be over the age of 18. A birth date is required and checked before other personal information is collected.
We give you the option of using a secure transmission method to send us any personal information that we collect, including (but not limited to): primary personal data (such as name and contact details), other personal and profiling data (such as physical description, leisure activities), identifiers (such as credit card details and passwords), and specific personal data (such as racial or ethnic origin and medical history data).
We have implemented security policies, rules, and technical measures to protect the personal data that we have under our control from unauthorized access, improper use or disclosure, unauthorized modification, and unlawful destruction or accidental loss. All of our employees are obliged to respect the confidentiality of our Users’ personal data. However, Content posted or uploaded by Users may be stored on computers maintained by and in control of Moticate.com's Service Provider. Any expectation of privacy by a User is limited by and subject to the scope of the Service Provider's privacy policies.
Moticate.com reserves the right to collect and reveal any data provided by a User or other information in its possession in cooperation with a request or investigation by any governmental body or governmental agency, in response to a subpoena issued by any governmental body or governmental agency, in the course of responding to any claim by a third party that a User is accessing the Content in connection with an infringing, illegal or improper activity or that the data infringes rights of the third party, or in response to request for identification in connection with claim of Copyright or Trademark infringement by the User.
You may access and review all personal data that you have provided to us by logging into our Web site and viewing your personal information and preference pages. You may correct, remove, or complete any inaccurate or incomplete information yourself through our Web site after identifying yourself with standard login information. You may contact us with any questions that you may have about our privacy policy.
13 United States Copyright Act Designation.
Moticate.com respects the intellectual property of others and we ask our Users to do the same. If you believe that your copyrighted work has been infringed and you want us to take down or disable the infringement, please contact the following Moticate.com designated agent with the following information:
▪ An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
▪ A description of the copyrighted work that you claim has been infringed upon;
▪ A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
▪ Your address, telephone number, and e-mail address;
▪ 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;
▪ 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 authorized to act on the copyright owner's behalf.
Copyright Act Notices should be addressed as follows:
Copyright Agent
Moticate, Inc.
15 Hinckley Road
Waban, MA 02468
Tel: 617.233.2773
E-mail: copyright@moticate.com
14 Choice of Law and Jurisdiction; Attorneys Fees.
Any interpretation and enforcement of these Terms of Use shall be governed by the laws of the Commonwealth of Massachusetts, excluding its choice of law rules. All Users hereby submit to the exclusive personal jurisdiction of the federal and state courts of the Commonwealth of Massachusetts, for any action arising out of or relating to their use of the Content or any of the Content of Moticate.com. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including, but not limited to, its costs, both taxable and non-taxable, and reasonable attorney's fees.
15 Severability; Entire Agreement; Non-Waiver.
If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter. Failure by Moticate.com to enforce any provision of these Terms of use shall not be construed as a waiver of any provision or right.
16 Notices.
All notices hereunder will be sent to your e-mail address as it appears in our files. We are not responsible for unread or un-delivered messages. All notices sent to us under the terms of this agreement must be mailed to our address, as stated above, or sent by e-mail to info@moticate.com. E-mail notice will be considered sent when we have acknowledged receipt of your e-mail.