Terms of Service
Updated effective November 1, 2015.
Welcome to www.motionu.com (this “Website”). This Website is operated by MotionU, a subsidiary of U, Incorporated with offices at 9200 Glenwood St., Suite 102, Overland Park, KS 66212 (“MotionU,” “U, Inc.,” “we,” “our,” or “us”). These Terms of Service ( “Terms of Service”) are an agreement and understanding regarding your use of this Website.
Please read these Terms of Service carefully before using or browsing MotionU or any websites owned or operated by U, Inc. or any of its other divisions or subsidiaries. Use of this Website means you are agreeing to these Terms of Service. If you do not AGREE to be bound by these Terms of Service, you MAY NOT use this Website.
Changes to Terms of Service.
This Website will change from time to time. We reserve the right to update or revise these Terms of Service at any time and without prior notice, by posting the updated or revised version on this Website. These changes will be effective as of the date posted. Your use of this Website following any such change constitutes your consent to the new Terms of Service posted on this Website. Review these Terms of Service regularly and be aware of any changes or modifications of these Terms of Service. We will provide a notice of change of Terms of Service on the front page, and possibly in other areas of the website, for at least 30 days after the new effective date.
You may access the current version of these Terms of Service at any time by clicking on the link marked “Terms of Service” on the home page and other pages of the Website. We post the effective date of these Terms of Service at the bottom of the home page so that you can locate and view the Terms of Service easily. Again, check terms of service at least monthly to view changes since your last visit.
Our Online Privacy Policy.
MotionU is committed to providing information of value. Please review our Online Privacy Policy (which is on the homepage of this Website) to learn what personal information we collect through this Website, how we use and share the personal information we collect, and some of the steps we take to protect your privacy. Our Online Privacy Policy is included and part of these Terms of Service. By agreeing to these Terms of Service, you are also consenting to the collection, use and disclosure of your personal information in accordance with our Online Privacy Policy.
Other Agreements.
When you sign up to use a special feature or password-protected area of this Website, you may be asked to agree to special terms governing your use of the special feature or password-protected area. In such cases, you will be asked to expressly consent to the special terms. This is most often done by checking a box or clicking on a button marked "I agree." This type of agreement is known as a "click-through" agreement. If any of the terms of the click-through agreement are different than the terms of these Terms of Service, the terms of the click-through agreement will supplement or amend these Terms of Service, but only regarding matters governed by the "click-through agreement."
Release, Waiver of Liability and Indemnity Agreement. When you apply to become a member of MotionU or use this Website to display, merchandise or receive information, you may be asked to agree to our Release, Waiver of Liability and Indemnity Agreement (the “Release”). The terms of the Release supplement and amend this Privacy Policy, but only with respect to the subject matter of the Release. Please read the Release carefully. If you do not agree to the terms of the Release, you may not, and should not, use MotionU.
Members and Non-Members.
Visitors who complete our registration process are called (“Members”) and may post appropriate Content and use advanced features and functionality of this Website not available to general users or Non-Members.
Age Restrictions.
There are no age restrictions for using this site. However, you must be at least 14 years of age to become a Registered Member of MotionU. By registering on this Website, you represent and warrant to us that you are at least 14 years old and have read, accepted and agreed to be bound by these Terms of Service. Individuals who are at least 14 years old may be asked to provide verifiable consent of a parent or guardian before they list or contribute User Generated Content to this site. Verification may require notifying us of your age by email and having a legal parent or guardian verify this by phone or with their identification in a manner, acceptable and to and determined by us. In addition, some jurisdictions prohibit the collection of personal information from individuals who are under the age of 18 without the verifiable written consent of a parent or guardian. If we learn that you have misrepresented your age or violated any of these age restrictions or that the collection of your personal information was not lawful under the circumstances, your registration will be revoked and we will delete your Account Information and User Generated Content from this Website and, if deemed necessary, take whatever legal action may be available.
Age Verification.
Registration for and attending certain activities or events, such as car shows, races, action events, technical events, technical training, business, product demonstrations, parties, samplings, educational and informational activities (collectively “Activities”) may require you to submit to age and/or identity verification. We require that any events posted by Members having age restrictions prominently include such in the event description. In the event you register for any such Activities through MotionU, UEvent, Safe Gatherings or any other registration or event planning method of U, Incorporated, any subsidiaries of U, Incorporated including MotionU and UEvent, you hereby: (a) agree to provide to MotionU and/or its third party service providers true and accurate identification documentation and related information requested by MotionU to verify your age and/or identity; and (b) authorize MotionU to verify your age, identity and other personally identifiable information pertinent to your participation in the Activities directly or through the use of third parties, including the use of third party background check services or databases that contain driver’s license, social security, financial and other personally identifiable information.
You also agree that if you post, list or provide User Generated Content for events, advertising, promotion, sponsorships or other services through MotionU that you prominently display any minimum age requirements, physical restrictions, risks, liabilities or dangers (examples are racing or off road events). Events with limits, membership only, limitations, special requirements or particular risks should be identified prominently, and communicated clearly within the event detail description and listing.
Account Information and Public Profile.
When you register to become a MotionU Member, you will be required to provide certain personal information to us. This information becomes part of your member account information (your “Account Information” or your “My Account Information”) and some of this information may become part of your “Public Profile.” Your “Account Information” includes personal details (such as your name, contact information, shipping address, screen name and password), your photograph, and your contact or search preferences. Your Account Information is password protected. Your Public Profile may include the information that you allow others to see if they place it in any User Generated Content you have posted. Your Public Profile includes your user name, and photograph (unless you choose to leave blank or use an icon instead of a photograph) and the number of photos, videos, and blog posts you have posted. Do not display or divulge anything you do not want broadcast to the world in general.
Account Information must be accurate to become a member. By registering on this Website, you represent and warrant to us that the information you have provided about yourself is true, accurate and complete. Further, you agree to keep your information true, accurate and complete by logging onto this Website and updating your Account Information promptly if your personal details change.
“Facebook Connect” and Compatible Services.
During the registration process, you may be provided the opportunity to shorten your registration process by automatically providing personal data you have already provided during your registration for Facebook or other websites, for example, by using Facebook Connect or similar services (each, a “Compatible Service”). However, you may still be asked to enter additional information about yourself on this Website, as we may require information that was not required during your registration for the Compatible Service.
Your User Name and Password.
You must choose a user name and password when you register. Upon acceptance, you will need to sign in using your user name and password in order to use certain features of this Website. For example, you cannot post User/Member Generated Content without first becoming a MotionU member and then signing in.
You may not use the user name or password of any other person to access this Website. You are responsible for maintaining the confidentiality of your password and may not let any other person use it to access this Website. You will be solely responsible for the activities of anyone accessing this Website using a password assigned to you, even if the activities were not, in fact, authorized by you. You must notify MotionU immediately of any unauthorized use of your screen name or password. Email us at info@MotionU.com. In addition, if you believe or suspect your password has been compromised, you must promptly access your “profile page” and change your password.
Revocation of Registration.
MotionU has the right to revoke your registration and membership and delete your Account Information, Public Profile, and your User Generated Content, for any reason at any time, in our sole discretion. If we do so, you will no longer be able to access the password protected areas or functionality of this Website.
Your Feedback.
We welcome your comments, feedback, suggestions, and other communications regarding MotionU events, news, this Website, advertising, sponsors, other members and other aspects of our business. We appreciate your ideas for new features and other ways that we can make the MotionU Website more fun and more useful to you (collectively, “Feedback”). Note, however, that any Feedback you provide to us through this Website shall become and remain the exclusive property of MotionU and U. Inc. Your submission of Feedback will constitute an assignment to U, Inc. of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not post any items or send us any Feedback that you do not wish to assign to us.
User and Member Generated Content.
If you are a Registered User (“Member”), you will be able to upload, transmit through or otherwise make available (“post”) “User Generated Content” on or through this Website. As used in these Terms of Service, “User Generated Content” means all of the text, photographs, images, illustrations, graphics, sounds, video and audio-video clips, and other information and content you post on or through the MotionU Website, except your Feedback and any part of your Account Information that is not included in your Public Profile. User Generated Content includes anything you post regarding an event, maps, news item, photos, comments, blogs or other content including emails or other communications you send through this Website, such as invitations or follow-up communications.
License to Use Your User Generated Content.
By posting User Generated Content on or through this Website, you are granting U, Inc., its subsidiaries and MotionU a perpetual, worldwide, royalty-free license to use, copy, perform and display publicly (including, in the case of sound and video recordings, to perform publicly and in digital audio transmission), distribute, and prepare derivative works based on your User Generated Content, in whole or in part, in connection with (a) the promotion and operation of this Website; MotionU information and listed events; the MotionU business and brand; the use on MotionU’s Facebook, Twitter, You Tube and other pages; the products, services and brands of the company that sponsored the event to which your User Generated Content relates (the “Sponsor”); and the products, services and brands of the Sponsor’s affiliates, and (b) in any other way expressly permitted under these Terms of Service or our Privacy Policy. We will not, of course, use your User Generated Content or other personal information in a manner that violates our Privacy Policy. Postings on Facebook and YouTube are subject to their respective terms and conditions as well as ours.
The license you grant to U, Inc. extends to each and all of its companies and subsidiaries and is non-exclusive (meaning you are free to license your User Generated Content to anyone else in addition to us), fully-paid and royalty-free (meaning that neither we nor any downstream users are required to pay you for the use of your User Generated Content), fully sublicensable (so that, for example, we are able to sublicense your User Generated Content to our Sponsors and to visitors to this Website, who may access, use, transmit, stream, download, print and further sublicense your User Generated Content); worldwide (because the Internet and this Website are global in reach), and fully assignable (so that, for example, if we sell this business, reorganize, or merge with another business, the new owner may continue to operate this Website under the MotionU brand or another name). This license may be exercised by MotionU and its sublicensees in any format, media or technology, now known or hereafter developed. Notwithstanding anything to the contrary in these Terms of Service, to the fullest extent permitted by law, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” with respect to the User Generated Content, and all rights of privacy or publicity in, or approval rights with respect to, your User Generated Content.
Without limiting the generality of the foregoing grant of license, by posting User Generated Content on or through this Website, you are granting MotionU (and downstream users) permission (a) to display advertisements in connection with User Generated Content and to use User Generated Content for advertising and promotional purposes without compensating you in anyway; and (b) to make your User Generated Content available to the general public through this Website and third-party websites, through RSS feeds, and in any other manner, in or using any format or media or technology, now known or hereafter developed, without compensating you in any way.
By posting User Generated Content on or through this Website, you acknowledge and agree that (a) MotionU has no obligation to post, maintain, use or respond to User Generated Content submitted to this Website; (b) the provision of User Generated Content to MotionU in no way imposes any other obligation on MotionU, whether of confidentiality, attribution, or otherwise, and MotionU shall not be liable for any claims arising out of or relating to any use, modification, distribution, reproduction, display or disclosure of any User Generated Content; (c) you hereby waive any and all claims (including, without limitation, claims based upon invasion of privacy, defamation, false light, or right of publicity) arising out of any use, alteration, distortion or illusionary effect, or use in any manner permitted by this Agreement of your image/likeness, arising out of the posting of User Generated Content containing your photograph or other image to this Website; (d) no fees, royalties or any other monies (“Royalties”) will be owed to any person by reason of any User Generated Content, and if any Royalties are owed, you will pay all such Royalties; and (e) User Generated Content submitted to this Website may be subject to size and usage limitations, other limitations and restrictions, and the terms of this Agreement, and you are solely responsible for adhering to such requirements with regard to any User Generated Content you provide to this Website.
By posting User Generated Content on or through the MotionU Website, you agree that MotionU may access, copy, preserve, and disclose your User Generated Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process or applicable law; (b) enforce these Terms of Service; (c) respond to claims that any User Generated Content violates the rights of third-parties; (d) respond to your requests for assistance; (e) prevent or investigate a crime; or (f) protect the rights, property, or personal safety of MotionU or others.
By posting User Generated Content on or through this Website, you are granting MotionU (and downstream users) and distributors, permission (with no obligation) to use your screen name, photograph, and other elements of your Public Profile in connection with your User Generated Content.
DO NOT POST USER GENERATED CONTENT if you do not want it to be used or made available to the general public as set forth in these Terms of Service. If you do not want your photograph to be made available to the general public, DO NOT UPLOAD A PHOTOGRAPH to your profile page on this Website. Instead, leave blank or select an icon, if available, to represent you.
Termination of Licenses Granted to MotionU.
The licenses granted above will automatically terminate with respect to MotionU’s future uses of User Generated Content within a commercially reasonable time after you remove (or ask us to remove) such User Generated Content from this Website. However, to the extent we have already exercised any of the foregoing license rights with respect to the removed User Generated Content, such licenses will not be deemed revoked as to the prior uses. In addition, such licenses will not be deemed revoked as to any User Generated Content that has been transmitted to other Websites, persons or media.
Your Warranties With Respect to User Generated Content.
You acknowledge that the above grant of license is supported by good, valuable, and sufficient consideration. By posting User Generated Content, you represent and warrant that: (a) you own your User Generated Content or otherwise have the right to grant the license set forth in these Terms of Service; (b) the posting of your User Generated Content on or through this Website does not violate the copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights or any other rights of any individual, living or deceased, or any legal entity; and (c) you have read and understood and your User Generated Content fully complies with these Terms of Service and applicable laws.
MotionU Does Not Claim Ownership of User Generated Content.
MotionU does not assert any ownership over User Generated Content (except within this license); rather, as between us and you, subject to the rights granted to us in these Terms of Service, you retain full ownership of all of User Generated Content and any intellectual property rights or other proprietary rights associated with User Generated Content.
You are solely responsible for protecting your intellectual property rights in your User Generated Content. MotionU cannot and does not assume responsibility for controlling, monitoring, or enforcing your intellectual property rights.
You Are Legally Responsible for Your User Generated Content. Failure to comply with these Terms of Service may expose you to liability by MotionU and liability to individuals or legal entities whose copyrights or other rights have been violated. For this reason, you should review these Terms of Service regularly and contact us first if you have any questions about the suitability of materials you wish to post. Remember, once User Generated Content is posted it may quickly be transferred to other websites and media that we do not control, and it may be impossible to recover or delete.
Restrictions on User Generated Content.
As a member, you may post events that relate to the automotive or wheeled vehicle community. You may not post any User Generated Content on or through this Website that:
•is protected by copyright, trademark, privacy or publicity rights, trade secret rights, confidentiality rights, contract rights, or other rights without the express permission of the owner of the respective right;
•is harmful; hateful; threatening; abusive; harassing; defamatory or libelous; racist; sexually explicit, vulgar, lewd, obscene, or pornographic; offensive; inappropriate; or inflammatory;
•you know (or reasonably should know) is false, deceptive or misleading;
•contains software viruses, Trojan Horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
•contains any private or sensitive information of any third party, particularly information that could be used for identity theft purposes, including addresses, phone numbers, email addresses, Social Security numbers, birth dates, ages and credit card numbers;
•contains any visible Trademarks except those of MotionU or the Sponsor of the event or that are included on materials provided by MotionU or the Sponsor of the event;
•contains the image, name, or likeness of any individual other than the Registered Member, unless the Registered Member has first obtained the individual’s permission;
•contains the image, name or likeness of any child under the age of 14, unless you are the parent or legal guardian of the child;
•involves the transmission of "junk mail," "chain letters," "pyramid schemes," "Ponzi schemes" or similar material, constitutes unsolicited mass mailing or "spamming," or otherwise violates the federal CAN-SPAM law or any state spam laws;
•contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
•displays pornographic or sexually explicit material of any kind;
•is likely to violate (in whole or part) the acceptable use policies of our Internet Service Providers (ISPs) or other suppliers;
•links to materials or other content, directly or indirectly, to which the Registered User posting such material does not have a right to link to or which competes in any manner with this Website or MotionU;
•encourages others to violate these Terms of Service; or
•violates any applicable local, state, national, or international law.
Please notify MotionU immediately at info@MotionU.com of any User Generated Content that you believe violates these Terms of Service.
Spamming or Purposeful Duplicating Events for Advertising.
Events may be posted as a form of advertising. One posting for an event is considered enough. UConvene prohibits duplicate postings of the same event by the same person or persons and considers it a form of spamming. A member reposting or involved in the same events freely provide duplicate promotion of a specific event is not allowed. Obvious duplication of events may be removed by MotionU. Members posting the same event more than once in a purposeful manner will have their posting ability and privileges revoked for a time or permanently if they are involved in spamming events to deluge MotionU.
Advertising.
Advertising will be offered to approved Members in the future. The terms, conditions and pricing shall be provided at that time. Advertising, sponsorship or promotion information may be displayed in other areas and may or may not be included or referenced in Terms of Service. Until then, the posting allowed is FOR EVENTS ONLY. No promotion of products, services, coupons, discounts, sales or other advertising materials may be displayed. The site is for events only and limited to only the health, medical and wellness community and closely related areas of interest.
Quality and Review of Content.
You acknowledge and agree that MotionU does not and shall not have any obligation to review User Generated Content, and therefore we do not guarantee the accuracy, correctness, integrity or quality of User Generated Content and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on this Website. Because many items relate to events and dates, you should always verify the accuracy of a date, time, place, organization and validity and make sure the event has not been cancelled before attending. You acknowledge and agree, however, that MotionU has the absolute right to monitor all User Generated Content in our sole discretion. In addition, you acknowledge and agree that we have the right to alter, edit or remove any User Generated Content, in whole or in part, for any reason or for no reason.
Your Use of User Generated Content Posted by Others.
You may not use, copy, reproduce, distribute, publish, display or perform, create derivative works of, transmit, sell, or in any way exploit any of the User Generated Content posted by others in a manner that violates applicable laws or the copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights or any other rights of any individual or legal entity.
RSS Feeds. We may offer RSS feeds of certain User Generated Content on this Website. If so, you are granted a limited, revocable license to incorporate this Website’s RSS feeds into your own website, mobile-device or other digital platform, solely for non-commercial purposes. You are prohibited from sublicensing, reproducing, reselling, modifying, or otherwise using or distributing the Content within the RSS feed except as expressly licensed herein. If you wish to obtain a license to use any Content within one of our RSS feeds or otherwise for any purpose not expressly authorized by these Terms of Service, please contact MotionU at support@ MotionU.com. You understand and agree that we may grant our Sponsors, with whom we have entered a separate agreement, a license to use the RSS feeds (including all User Generated Content therein) in a commercial manner in order to promote their products and services.
Removal of User Generated Content.
In General. If you would like us to remove any User Generated Content from this Website for any reason, please notify us at info@motionU.com or use other notification or flagging methods as provided in the MotionU Website or as they become available from MotionU. While we do not have any obligation to remove User Generated Content merely because of a removal request, MotionU will review all such requests and will remove User Generated Content that we determine should be removed, in our sole discretion and in accordance with our Privacy Policy, the Restrictions on User Generated Content and applicable law.
Please, do not enter duplicates of the same event as they may be removed by the system itself and may be cause to lose your Membership. If you are requesting removal of User Generated Content due to a violation of your copyrights, please follow the procedure described in the “Violation of Copyrights/Copyright Agent” paragraph below.
Violation of Copyrights/Copyright Agent.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on this Website in a way that constitutes copyright infringement, please notify us with enough detail to clearly identify what is in question. If requested, please provide our copyright agent with the following information: an electronic or physical signature of the copyright owner or 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; a description of where the material that you claim is infringing is located on this Website (including the URL, title and/or item number if applicable, or other identifying characteristics); your name, address, telephone number, and e-mail address, and, if you are not the owner of the copyright, the name of the owner; a written 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. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with the requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon MotionU actual knowledge of facts or circumstances from which infringing material or acts are evident. MotionU's copyright agent for notice of claims of copyright infringement can be reached as follows:
Address: MotionU, 9200 Glenwood St., Suite 102, Overland Park, KS 66212
Telephone: 913-814-7708
Fax: 913-814-8108
Email: info@motionU.com
Rules of Use.
The following additional rules apply to your use of this Website; you may not:
•attempt to access areas or features of this Website or any Content for which you do not have the proper authorization;
•impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity;
•use this Website in a manner that violates any laws or regulations;
•use this Website to solicit money, goods or services for private gain;
•use this Website to solicit money, goods or services for any charitable purpose, except in connection with your participation in an approved MotionU event that has a charitable purpose;
•use this Website to promote political views or candidates;
•use thus Website to transmit chain letters or junk email;
•use this Website to further or promote any criminal or illegal activity or to provide instructional information about illegal activities;
•use this Website in a manner that interferes with, disables, disrupts, impairs, or creates an undue burden on the networks or services that support this Website;
•use this Website to harvest or collect email addresses or other contact information of other users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
•use this Website in a manner that, in our sole discretion, restricts or inhibits any other user from using or enjoying this Website or a MotionU event.
Intellectual Property.
MotionU and its licensors (our Registered Users are the licensors of the User Generated Content) own and reserve all rights, title and interests in this Website, including all of the software and code that comprise and operate this Website, and all of the text, photographs, images, illustrations, graphics, designs, sounds, video and audio-video clips, files and other content posted on, transmitted through or otherwise made available on or through this Website (the “Content”). This Website and its Content are protected under U.S. and international trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws and treaties. No right, title or interest in this Website or its Content are transferred to you under these Terms of Service.
Copyright. MotionU and its licensors own and reserve the copyrights in this Website and its Content. The entire Content of this Website, as a whole, and each party page, as a whole, is copyrighted as a collective work under U.S. and international copyright laws and treaties, and MotionU owns the copyright to the selection, coordination, arrangement and enhancement of the Content of this Website and each party page.
Copyright License. We hereby grant you a limited license to access and use this Website and any portion of the Content to which you have properly gained access, but only for your own personal, non-commercial use (unless the Content is your User Generated Content), and only if you do not remove, modify or obscure any copyright, trademark, or other proprietary notices from such Content (unless the Content is your User Generated Content). The foregoing license is subject to these Terms of Service and does not allow use of any means by Non-Members or Members of data mining, robots (‘bots’) or similar data gathering or extraction methods. This license is revocable at any time without notice and with or without cause. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, broadcast, circulate, display or in any way exploit any Content, in whole or in part, by any means, for any purpose other than for your personal, non-commercial use as set forth herein.
Trademarks. All tradenames, trademarks and service marks displayed on this Website are the registered or unregistered trademarks of U, Incorporated, MotionU or its licensors, Sponsors, or other third parties (collectively, the “Trademarks”) and are protected by U.S. and international trademark laws and treaties. You may not use any Trademarks displayed on this Website without the prior express written permission of MotionU or the trademark owner.
MotionU Store.
If you are accessing this Website from within the United States, you may be able to make purchases at the MotionU online store when and as it then exists. This store may be linked to, owned or operated by others including such entities as Amazon.com (example only). MotionU does not collect personal information through Amazon or any store, participate in the sales process, or provide any customer services related to any store. Accordingly, if you have any questions about the store, problems with orders you have placed, or any other questions regarding the store, please contact amazon.com.
Links to Third-Party Sites.
This Website contains links to many other websites operated by third parties, including vendors, sponsors, advertisers, places to purchase and others. Because we have no control over third-party websites, you acknowledge and agree that we are not responsible for the availability of such websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. You also acknowledge and agree that MotionU shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms of Service do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.
DISCLAIMER OF WARRANTIES.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS WEBSITE AND ITS CONTENT AND YOUR PARTICIPATION IN MOTIONU LISTED EVENTS AND NEWS IS AT YOUR SOLE RISK. MOTIONU MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THIS WEBSITE, ANY CONTENT ON THIS WEBSITE, ANY PRODUCT OR SERVICE PROMOTED THROUGH THIS WEBSITE, OR ANY MOTIONU PRESENTED EVENT. EVENTS PRESENTED MAY NOT ACTUALLY EXIST. THIS WEBSITE AND ALL OF ITS CONTENT (INCLUDING ALL USER GENERATED CONTENT) ARE PROVIDED "AS IS" AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MOTIONU DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOMER, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE, EVENTS, LOCATIONS, ITS CONTENT, ANY PRODUCT OR SERVICE PROMOTED THROUGH THIS WEBSITE, OR ANY MOTIONU EVENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THIS WEBSITE, OUR SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS WEBSITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES); WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA; AND WE DO NOT REPRESENT OR WARRANT CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OR USE OF THIS WEBSITE. THE OPERATION OF THIS WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. MOTIONU DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, CORRECTNESS, COMPLETENESS OR USEFULNESS OF ANY CONTENT APPEARING ON THIS WEBSITE AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT APPEARING ON THIS WEBSITE OR GENERALLY FOR THE ACCURACY, RELIABILITY, OR QUALITY OF ANY CONTENT APPEARING ON THIS WEBSITE. MOTIONU DOES NOT ENDORSE ANY OPINION, ADVICE, COMMENT OR STATEMENT MADE ON THIS WEBSITE BY REGISTERED MEMBERS OR USERS, AND USER GENERATED CONTENT DOES NOT IN ANY WAY REFLECT THE OPINION, ADVICE OR STATEMENT OF MOTIONU.
Nothing in these Terms of Service will affect any statutory rights to which you may be entitled as a consumer to the extent your ability to alter or waive such rights by contract is limited by applicable law.
LIMITATION OF LIABILITY.
MOTIONU IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER GENERATED CONTENT. ALTHOUGH WE INCLUDE STRICT PROVISIONS REGARDING USER GENERATED CONTENT IN THESE TERMS OF SERVICE, WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT REGISTERED USERS POST ON OR THROUGH OUR WEBSITE AND ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL, INFRINGING OR OTHERWISE OBJECTIONABLE OR ILLEGAL USER CONTENT YOU MAY ENCOUNTER ON THIS WEBSITE OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY REGISTERED MEMBER, INCLUDING HOSTS AND SPONSORS.
UNDER NO CIRCUMSTANCES, IS MOTIONU, OR ANY OF ITS SPONSORS, VENDORS, LICENSORS, OR SERVICE PROVIDERS, OR ANY OF ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”), LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, ITS CONTENT (INCLUDING USER GENERATED CONTENT), EVENTS, EVENT LISTING, NEWS, NEWS LISTING OR THE CONDUCT OF EVENT HOST, SPONSOR, GUEST OR OTHER THIRD PARTY. UNDER NO CIRCUMSTANCES, SHALL MOTIONU, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, HAVE ANY LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS AND SERVICES REPRESENTED HEREIN OF OUR SPONSORS NOR THEIR ACTIONS OR FAILURE TO ACT.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF MOTIONU OR ANOTHER RELEASED PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).
Some jurisdictions do not allow the exclusion of liability for certain types of losses or damages. Accordingly, some of the foregoing limitations of liability may not apply to you. Nothing in these Terms of Service will limit or exclude liability for losses or damages which may not be lawfully excluded or limited by applicable law.
Indemnification.
You agree to defend, indemnify and hold MotionU and its directors, officers, employees and agents harmless from and against any claims, demands, losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs of suit) to the extent arising out of or in connection with your use of this Website or its Content in violation of these Terms of Service or your breach of these Terms of Service or any warranty or representation set forth herein.
Dealings With Third Parties.
Your business dealings with any third party (including orders you may place through any stores on or from this Website and/or your dealings with Sponsors) and any terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that MotionU shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
Commercial Use.
You acknowledge and agree that this Website is for the personal use of Registered Members and other visitors only and may not be used by you directly or indirectly in connection with any commercial endeavors without the written approval of MotionU.
Modification and Discontinuation.
We reserve the right at any time, with no liability to you or any third party claiming through you, to modify, edit, delete, suspend or discontinue, temporarily or permanently this Website (or any portion thereof), or any MotionU event or promotion featured on this Website, with or without notice.
No Agency.
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created between you and U, Inc. or MotionU by these Terms of Service.
Notices.
You agree that MotionU may provide notices to you regarding changes to these Terms of Service, your User Generated Content, or other matters related to this Website, any MotionU events, or the business of MotionU, by email, regular mail, or posting on this Website.
Governing Law; Venue.
You acknowledge and agree that these Terms of Service shall be governed by and construed in accordance with the internal laws of the State of Kansas, Johnson County, excluding conflict of laws and provisions thereof that would indicate the application of the laws of any other jurisdiction and you hereby submit to exclusive jurisdiction in the federal, state or county courts (Johnson) of Kansas. You agree to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum. If the courts of the country in which you reside should determine that the provisions of this paragraph are not enforceable, then you agree to submit to binding arbitration.
General.
As used in these Terms of Service, the term “including” means “including, but not limited to.” If any provision of these Terms of Service is held to be invalid or unenforceable, such invalidity will not affect the validity of the remaining portions, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision. You agree that these Terms of Service (and any license granted hereunder) may be assigned by MotionU, in its sole discretion, to a third party without notice to you. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Service (including our Privacy Policy, which is incorporated herein, and any click-through agreements, such as the Release, to which you may have agreed) set forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of these Terms of Service will survive termination or expiration to the extent necessary to carry out the intentions of the parties. Without limiting the generality of the foregoing, all disclaimers of warranties and limitations on liability will survive the termination or expiration of these Terms of Service.
Use of This Website Outside the United States.
Access to, or use of, this Website may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this Website.
Contact Us.
If you have any questions or concerns regarding this Website, please contact us by e-mail at info@motionU.com or write to us at MotionU, 9200 Glenwood St., Suite 102, Overland Park, KS 66212.