Terms of Use
Welcome to a website provided by Movius Interactive Corporation or
one of its affiliates (collectively, "Movius") to which this
Legal Disclaimer and Terms of Usage is linked (the "Site").
This page contains the terms and conditions upon which you may access
the information and services available through the Site.
USE OF THIS SITE SIGNIFIES YOUR ACCEPTANCE OF ALL THE TERMS AND CONDITIONS
SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS,
PLEASE EXIT THIS SITE IMMEDIATELY.
These restrictions and conditions of use should be read carefully
and in their entirety prior to your using the Site. By using the Site,
you signify your acceptance of all these restrictions and conditions
on use of the Site and agree to be bound by the full terms set forth
below. If you do not agree to all of these terms of use you will signify
your disagreement by not using the Site and immediately exiting.
MOVIUS MAY CHANGE THESE RESTRICTIONS AND CONDITIONS AT ANY TIME.
1. RESTRICTIONS ON USE.
The Site and its contents are proprietary
to Movius and you agree not
to copy, modify, adapt, reproduce, translate, distribute, transmit,
reverse engineer, decompile, or dissemble any aspect of the Site, with
the following exception: You may display, print, and store one electronic
copy of content provided by Movius for your personal use. You may not,
without Movius' written permission, “mirror” or “frame” any
material contained on this Site. Movius, and all other names, logos,
and icons identifying Movius' products and services are proprietary
marks of Movius, and any use of such marks without the express written
permission of Movius is strictly prohibited. Unauthorized use of any
material contained on this Site may violate copyright laws, trademark
laws, trade secret laws, the laws of privacy and publicity, and communications
regulations and statutes. You agree that you will not, directly or
indirectly, use the Site or the information contained therein (a) to
compile mailing lists or other lists for commercial purposes; (b) to
establish independent data files or compendiums of statistical information;
or (c) in violation of local, state, national, or international laws
and regulations. Other terms of use may be available, but only with
the express written permission of Movius. Please e-mail Movius at info@moviuscorp.com
to receive additional information about the possibility of alternative
custom arrangements.
2. LINKS TO OTHER SITES.
Movius may provide links, in its
sole discretion, to other Web sites
for your convenience in locating related products, information and services.
These sites have not been reviewed by Movius and are maintained by third
parties over which Movius exercises no control and, accordingly, Movius
expressly disclaims any responsibility for the content, the accuracy
of the information, and/or quality of products or services provided
by or advertised on these third-party Web sites. Moreover, these links
do not imply, directly or indirectly, endorsement by or affiliation
with any third party or any Web site, products or services provided
by any third party.
3. ADVERTISING.
Movius, in its sole discretion,
may post the advertisements of third
parties on the Site. Your correspondence or dealings with advertisers
found on the Site are solely between you and such advertiser. You agree
that Movius shall not be responsible for any loss or damage of any sort
incurred as a result of any such dealings or as the result of the presence
of such advertisers on the Site. Moreover, Movius shall not be responsible
or liable for the statements or conduct of any third party on this Site,
including but not limited to advertisers.
4. TRANSACTIONS WITH THIRD PARTIES.
The Site may allow you to purchase
products and services directly
from third-party vendors through links on the Site (“Linked Vendors”). Movius is not a party to
any transaction between you and any Linked Vendor. By using the Site,
you acknowledge and agree that Movius shall have no liability for any
cost, damage or harm arising directly or indirectly from (i) any products
or services ordered through a Linked Vendor (including, without limitation,
delivery (or failure to deliver), quality, performance, compatibility,
and suitability for a particular purpose), and (ii) any action or inaction
of any Linked Vendor. Movius makes no warranties or representations
whatsoever regarding any product or service provided or offered by
any Linked Vendor and you acknowledge that any reliance on representations
and warranties provided by any Linked Vendor shall be at your own risk.
MOVIUS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING
GOODS OR SERVICES YOU OBTAIN FROM LINKED VENDORS AND YOU AGREE TO LOOK
SOLELY TO SUCH LINKED VENDORS FOR ALL CLAIMS REGARDING SUCH GOODS AND
SERVICES.
5. PAYMENTS TO LINKED VENDORS.
Payment for products and services
offered by Linked Vendors on this
Site can be made either via the Internet (either by transmitting credit
card information via the Internet and/or electronic funds transfer),
or by other methods. You agree that Movius cannot guarantee that any
form of payment via the Internet is secure or that a third party will
not be able to access or intercept such payment information. If you
have concerns about payment via the Internet, you should use an alternative
means of payment. You acknowledge and agree that Moivus will have no
liability for failure of any electronic payment system offered by Linked
Vendors accessible through the Site.
6. THIRD-PARTY CONTENT.
Certain materials from Linked Vendors
(and other third parties) may be
made available as part of the Site or through links from the Site. As
a general matter, these third parties have obtained such information
from sources believed by them to be reliable. Movius makes no representation
with respect to, nor does it guarantee or endorse the accuracy, completeness,
timeliness, reliability or correct sequencing of, such third parties.
Likewise, Movius does not endorse, oppose or edit any opinion or analysis
expressed by such third parties. Movius expressly disclaims responsibility
and liability for materials provided by such third parties.
7. CONFIDENTIALITY ON INTERNET.
Use of the Internet is solely at
your own risk and is subject to
all applicable local, state, national, and international laws and regulations.
While Movius has endeavored to create a secure and reliable Site, please
be advised that the confidentiality of any communication or material
transmitted to Movius over the Internet cannot be guaranteed. Consequently,
Movius is not responsible for the security of any information transmitted
via the Internet, the accuracy of the information contained on the Site,
or for the consequences of any reliance on such information. Please
judge your actions accordingly.
8. PRIVACY POLICY.
Movius considers protecting your
personal data to be important, and
has developed a Privacy Policy outlining Movius' personal data collection
and use practices, which is incorporated by reference as if set forth
in its entirety herein. Please refer to it for complete information.
9. RIGHT TO USE SUBMISSIONS.
By transmitting or posting any suggestions,
information, material, or other
content (collectively, “content”)
to Movius, you automatically grant Movius the royalty-free, perpetual,
irrevocable, nonexclusive right and license to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute,
redistribute, transmit, perform and display such content (in whole
or part) worldwide and/or to incorporate it in other works in any form,
media, or technology now known or later developed for the full term
of any rights that may exist in such content. Further, Movius is free
to use any ideas, concepts, know-how, techniques, and suggestions (collectively, “information”)
contained in any communications you send to the Site for any purpose
whatsoever, including but not limited to creating, manufacturing, and
marketing products and/or services using such information.
10. SECURITY OF THE SITE.
Actual or attempted unauthorized
use of the Site may result in criminal
and/or civil prosecution. For your protection, Movius reserves the right
to view, monitor and record activity on the Site without notice or permission
from you. Any information obtained by monitoring, reviewing or recording
may be subject to review by law enforcement organizations in connection
with investigation or prosecution of possible criminal activity on the
Site. Movius will also comply with all court orders involving requests
for such information.
11. FORCE MAJEURE.
Movius will not be liable for any
loss resulting from a cause over
which it does not have direct control, including but not limited to
failure of electronic or mechanical equipment or communication lines,
telephone or other interconnect problems, computer viruses, unauthorized
access, theft, operator errors, severe weather, earthquakes, or natural
disasters, strikes or other labor problems, wars or governmental restrictions.
12. CHANGES IN SERVICE.
While Movius endeavors to provide
the most accurate, up to date information
available, the information and material on the Site may contain technical
inaccuracies or typographical errors, and may be changed or updated
without notice; Movius will not be liable or responsible for any such
inaccuracies, errors, changes or updates. Movius also reserves the right
to change and/or discontinue its currently provided services at any
time, for any reason.
13. LIMITATION OF LIABILITY AND WARRANTY.
USE OF THE SITE IS ENTIRELY AT YOUR
OWN RISK. MOVIUS IS NOT RESPONSIBLE
FOR THE CONSEQUENCES OF OR RELIANCE ON ANY INFORMATION CONTAINED IN
OR SUBMITTED TO THE SITE, OR PRODUCTS OR SERVICES OBTAINED THROUGH THE
SITE, AND THE RISK OF DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH
YOU.
THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES
CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS,
SERVICES OR RESULTS; AND (2) ANY WARRANTIES OF TITLE OR WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MOVIUS DOES NOT
WARRANT OR REPRESENT THAT (A) THE SITE CONTAINS ALL RELEVANT DATA, OR
(B) THE INFORMATION ON THE SITE OR IN ANY LINKED DATABASES IS ACCURATE
AND COMPLETE OR ERROR-FREE.
NEITHER MOVIUS NOR ITS AFFILIATES NOR THEIR RESPECTIVE EMPLOYEES,
AGENTS, DIRECTORS, EMPLOYEES, PROPRIETORS, PARTNERS, REPRESENTATIVES,
STOCKHOLDERS, SERVANTS, ATTORNEYS-IN-FACT, PREDECESSORS, SUCCESSORS
AND ASSIGNS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS AND
DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE OF THE
SERVICES PROVIDED AT THE SITE) ARISING OUT OF USE OF THE SITE, THE INFORMATION
CONTAINED ON THE SITE, ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED
AT THE SITE, OR PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, EVEN
IF INOVIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF INOVIS (AND THE
PARTIES REFERENCED ABOVE IN THIS PARAGRAPH) ASSOCIATED WITH ANY CLAIM
ARISING DIRECTLY OR INDIRECTLY FROM THE SITE FOR ANY REASON WHATSOEVER
SHALL BE LIMITED TO THE COST OF ACCESSING THE SITE, IF ANY.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF
THIS SECTION 15 WILL APPLY TO YOUR USE OF THE SITE, ALL CONTENT AND
INFORMATION CONTAINED IN THE SITE, ALL ARRANGEMENTS MADE BASED ON INFORMATION
OBTAINED AT THE SITE, AND ALL PRODUCTS OR SERVICES OBTAINED THROUGH
THE SITE.
14. INDEMNITY.
You agree to defend, indemnify and
hold harmless Movius Interactive
Corporation and its affiliates and all of their respective employees,
agents, directors, officers, employees, proprietors, partners, representatives,
stockholders, servants, attorneys, predecessors, successors and assigns,
from and against any and all claims, proceedings, damages, injuries,
liabilities, losses, costs and expenses (including reasonable attorneys'
fees and litigation expenses), relating to or arising from your use
of the Site, any arrangements you make based on information obtained
at the Site, any products or services obtained through the Site, and
any breach by you of these restrictions and conditions.
15. TERMINATION OF ACCESS; CHANGES TO TERMS.
Movius reserves the right at any
time to deny you access to the Site
or any portion thereof. Movius may change these restrictions and conditions
at any time, and you will be subject to these terms and conditions as
then in effect at the time you are using the Site.
16. GOVERNING LAW.
These restrictions and conditions
have been made in and will be construed
and enforced in accordance with the laws of the State of Georgia, without
giving effect to any principles of conflicts of law. Any action to enforce
these restrictions and conditions may be brought in the federal or state
courts presiding in Atlanta, Georgia, U.S.A., and both parties expressly
agree to be subject to the jurisdiction of such courts. This Site is
controlled and operated by Movius from its offices within the United
States. Movius makes no representation that materials in the Site are
appropriate or available for use in other locations, and access to them
from territories where their contents are illegal is prohibited. If
you choose to access this Site from locations other than the United
States you do so on your own volition and you are responsible for compliance
with applicable local laws.
17. GENERAL.
Failure to insist on strict performance
of any term of these restrictions
and conditions will not operate as a waiver of any subsequent default
or failure of performance. No waiver of any term of these restrictions
and conditions will be valid unless in writing and acknowledged in writing
or electronically by both parties. If any portion of these restrictions
and conditions is adjudged invalid or unenforceable by a court of competent
jurisdiction, the remaining portions will remain valid, enforceable,
and carried into effect. No joint venture, partnership, employment or
agency relationship exists between you and Movius as a result of these
restrictions and conditions or your use of the Site. Any rights not
expressly granted herein are reserved.
18. ENTIRE UNDERSTANDING.
These restrictions and conditions
and Movius' Privacy Policy constitute
the entire understanding between you and Movius with respect to your
use of the Site, and shall supersede any and all prior understandings
or agreements between the parties, whether written or oral.
If the use of a Movius product or service available on the Site is
governed by the terms of a separate online or hard-copy agreement, and
the event of any conflict between the terms and conditions of such separate
agreement and those set forth herein, the terms of such separate agreement
will control with respect to such product or service.
By using the Site you acknowledge that, in providing you access to
and use of the Site, Movius has relied on your acceptance of these restrictions
and conditions.
USE OF THIS SITE SIGNIFIES YOUR ACCEPTANCE OF ALL THE TERMS AND CONDITIONS
SET FORTH ABOVE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS,
PLEASE EXIT THIS SITE IMMEDIATELY.