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This web site, including any sub
site accessible through the homepage, (the "Site") is
published and maintained by subsidiaries, affiliates and/or related
entities of InMotion Management.
You can e-mail us here..Please note that when you enter any sub site accessible through
this homepage or the shopping page, such sub site may have its
own terms and conditions of use that is specific to such sub site.
When you access, browse or use this Site you accept, without limitation
or qualification, the terms and conditions set forth below and
any additional terms and conditions of use set forth in any sub
site.
Your Right to Use the Site and
Its Contents
This Site is only for your personal
use. You may not distribute, exchange, modify, sell or transmit
anything you copy from this Site, including but not limited to
any text, images, audio and video, for any business, commercial
or public purpose. As long as you comply with the terms of these
Terms and Conditions of Use, InMotion Management grants you a non-exclusive, non-transferable, limited
right to enter, display and use this Site. You agree not to interrupt
or attempt to interrupt the operation of this Site in any way.
Ownership
All materials on this Site, including
but not limited to audio, images, software, text and video clips
(the "Content"), are protected by copyright under U.S.
copyright law, international conventions, and other copyright
laws. You cannot use the Content, except as specified herein.
You agree to follow all instructions on this Site limiting the
way you may use the Content. There are a number of proprietary
logos, service marks and trademarks found on this Site. By making
them available on this Site, InMotion Management is not granting you any license to utilize those proprietary
logos, service marks, or trademarks. Any unauthorized use of the
Content may violate copyright laws, trademark laws, the laws of
privacy and publicity, and civil and criminal statutes.
You may download one (1) copy only
of the Content to be used only by you for your personal use at
home unless the sub site you are accessing states that you may
not. If you download any Content from this Site, you may not remove
any copyright or trademark notices or other notices that go with
it.
Rules for Chat rooms, Guestbook, Bulletin Boards and Other
User-Supplied Material
This Site may have an area that allows
you to "chat" or upload and download materials. When
using any of these areas, you agree not to post, send, transmit,
upload or otherwise publish through this Site, any materials that
(1) interfere with anyone else's use of the Site; (2) are abusive,
illegal, indecent, obscene, offensive or threatening in any way;
(3) encourage anyone to break the law; (4) violate anyone's copyright
or other property right; (5) interfere with the privacy of any
other user; (6) contain a vInMotion Managementus or any other harmful component; or (7) contain false
or misleading statements of fact or descriptions of the origin
of the material or the communication. You agree to comply with
any additional terms that are referred to on this Site or any
sub site within the Site.
Responsibility for User's Material
You are prohibited from posting or
transmitting any defamatory, libelous, obscene, pornographic,
profane, threatening or unlawful material or any material that
could constitute or encourage conduct that would be considered
a criminal offense or give rise to civil liability, or otherwise
violate any law. Although InMotion Management may from time to time monitor or review bulletin boards,
chat rooms, discussions, postings, transmissions and the like
on the Site, InMotion Management
is under no obligation to do so and assumes no liability or responsibility
arising from the contents of any such communications or for any
defamation, error, inaccuracy, libel, obscenity or profanity contained
in any such communication. InMotion Management may change, edit, or remove any user material or conversations
that are illegal, indecent, obscene or offensive, or that violates
InMotion Management's policies
in any way. InMotion Management
will fully cooperate with any law enforcement authorities or court
order requesting or directing InMotion Management to disclose the identity of anyone posting such materials.
InMotion Management's Rights
to User's Material
If you send any communications or
materials to the Site by electronic mail or otherwise, including
any comments, data, questions, suggestions or the like, all such
communications are, and will be treated as, non-confidential and
non-proprietary. Thus, you give up any claim that any use of such
material violates any of your rights including moral rights, privacy
rights, proprietary or other property rights, publicity rights,
rights to credit for material or ideas, or any other right, including
the right to approve the way InMotion Management uses such material.
Any material submitted to this Site
may be adapted, broadcast, changed, copied, disclosed, licensed,
performed, posted, published, sold, transmitted or used by InMotion Management anywhere in the
world, in any medium, forever. Furthermore, InMotion Management is free to use, without any compensation to you, any concepts,
ideas, know-how or techniques contained in any communication you
send to the Site for any purpose whatsoever, including but not
limited to developing, manufacturing and marketing products using
such information. However, you agree and understand that InMotion Management is not obligated
to use any such ideas or materials and you have no rights to compel
such use.
Transmitted Material
Internet transmissions are never
completely private or secure. You understand that any message
or information you send to this Site may be read or intercepted
by others unless there is a special notice that a particular message
(for example, credit card information) is encrypted (send in code).
Sending a message to InMotion Management does not cause InMotion Management to have any special responsibility to you.
Links
This Site may contain links to other
Internet sites on the World Wide Web. InMotion Management provides such links for your convenience only, and is
not responsible for the content of any site linked to or from
this Site. Links from this Site to any other site do not mean
that InMotion Management approves
of, endorses or recommends that site. InMotion Management disclaims all warranties, express or implied, as to the
accuracy, legality, reliability or validity of any content on
any other site.
Contests
This Site may contain contests that
require you to send in material or information about yourself
or offer prizes. Each contest has its own rules, which you must
read and agree to before you may enter.
Rules for Kids (Under Age 16)
If you are under 16, you should ask
your parents or a guardian before you:
E-mail the Site, or ask us to e-mail
anything to you;
Send in any information;
Enter any contest or game that requires
information about you or offers a prize;
Join any club or group;
Post any information on any bulletin
board or enter any chat room; or
Buy anything online.
Availability of Products and Services
The products and services displayed
on the Site may not be available for purchase in your particular
country or locality. The reference to such products and services
on the Site does not imply or warrant that these products or services
will be available at any time in your particular location. You
should check with InMotion Management for the availability of specific products and services
in your area.
InMotion Management's Right
to Change These Terms and Conditions of Use or Content on the
Site
InMotion Management may add to, change or remove any part of these Terms and
Conditions of Use at any time, without notice. Any changes to
these Terms and Conditions of Use or any terms posted on this
Site apply as soon as they are posted. By continuing to use this
Site after any changes are posted, you are indicating your acceptance
of those changes. InMotion Management may add, change, discontinue, remove or suspend any other
Content posted on this Site, including features and specifications
of products described or depicted on the Site, temporarily or
permanently, at any time, without notice and without liability.
Indemnification
You agree to indemnify, defend and
hold InMotion Management and
all of its agents, directors, employees, information providers,
licensors and licensees, officers and parent, (collectively, "Indemnified
Parties") harmless from and against any and all liability
and costs (including, without limitation, attorneys' fees and
costs), incurred by the Indemnified Parties in connection with
any claim arising out of any breach by you of these Terms and
Conditions of Use or the foregoing representations, warranties
and covenants. You will cooperate as fully as reasonably required
in InMotion Management's defense
of any claim. InMotion Management
reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification
by you and you shall not in any event settle any matter without
the written consent of InMotion Management.
Disclaimer of Warranties and Damages; Limitation of Liability
YOUR USE OF THIS SITE IS AT YOUR
OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE
AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED "AS
IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD
TO THE CONTENT ON THIS SITE, InMotion Management MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER
(1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE
THROUGH THE SITE, (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE
IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM OR
CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY
WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THE SITE.
UNDER NO CIRCUMSTANCES, INCLUDING
BUT NOT LIMITED TO InMotion Management'S NEGLIGENCE, SHALL InMotion Management BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT,
PUNITIVE OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE
INABILITY TO USE OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND
FUNCTIONS OF THIS SITE, EVEN IF InMotion Management OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN
NO EVENT SHALL InMotion Management'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES
OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED
TO, NEGLIGENCE OR OTHERWISE), EXCEED $100.00.
General Provisions
These Terms and Conditions of Use
and any additional terms posted on this Site together constitute
the entire agreement between InMotion Management and you with respect to your use of this Site. Any cause
of action you may have with respect to your use of this Site must
be commenced within (1) year after the claim or cause of action
arises. If for any reason a court of competent jurisdiction finds
any provision of these Terms and Conditions of Use, or portion
thereof, to be unenforceable, that provision shall be enforced
to the maximum extent permissible so as to effect the intent of
this agreement, and the remainder of these Terms and Conditions
of Use shall continue in full force and effect. These Terms and
Conditions of Use shall be governed by and construed in accordance
with the laws of the State of California, United States of America,
without reference to its conflicts of law rules.
Privacy Policy
This web site, including any sub
site accessible through the homepage, (the "Site") is
published and maintained by subsidiaries, affiliates and/or related
entities of InMotion Management.
You can e-mail us here when you enter any sub site accessible through this homepage,
such sub site may have its own privacy policy, which is specific
to such sub site. When you access, browse or use this Site you
accept, without limitation or qualification, the terms and conditions
of any privacy policies set forth in any sub site.
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