Acceptance
of Terms
Welcome to the website of Movidity, Inc. ("Movidity"). With this website
facility, Movidity may make available to you a range of information,
products, software, documents, communications, files, publications,
content, tools, forums, resources, and services.
PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By
accessing and using this website in any way, including, without
limitation, browsing the website, using any information, using any
content, using any services, downloading any materials, and/or placing
an order for products or services, you agree to and are bound by the
terms of use described in this document ("Terms of Use"). IF YOU DO NOT
AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS OF USE,
DO NOT USE THIS WEBSITE IN ANY MANNER. The Terms of Use are entered into
by and between Movidity and you. If you are using the website on behalf
of your employer, you represent that you are authorized to accept these
Terms of Use on your employer's behalf.
Movidity reserves the right, at Movidity's sole discretion, to change,
modify, update, add, or remove portions of the Terms of Use at any time
without notice to you. Please check these Terms of Use for changes. Your
continued use of this website following the posting of changes to the
Terms of Use will mean you accept those changes.
Use of Materials
Limitations
All materials contained in the website are the copyrighted property of
Movidity, its subsidiaries, affiliated companies and/or third-party
licensors. All trademarks, service marks, and trade names are
proprietary to Movidity, or its subsidiaries or affiliated companies
and/or third-part licensors.
Unless otherwise specified, the materials and services on this website
are for your personal and non-commercial use, and you may not modify,
copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer, or sell any
information, software, products or services obtained from the website
without the written permission from Movidity.
Privacy Policy
Movidity respects your rights to privacy. By using this site, you
consent to the terms of our Privacy Policy.
Use of Software on the
Website
Any software that is made available to download from the website
("Software") is the copyrighted work of Movidity and/or its suppliers.
Use of the Software is governed by the terms of the end user license
agreement, if any, which accompanies or is included with the Software
("License Agreement"), or as expressly stated on the website pages
accompanying the software. An end user will be unable to download or
install any Software that is accompanied by or includes a License
Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users
according to the License Agreement. Any use, reproduction or
redistribution of the Software not in accordance with the License
Agreement is expressly prohibited by law, and may result in severe civil
and criminal penalties. Violators will be prosecuted to the maximum
extent possible. Absent a License Agreement that accompanies the
Software, use of the Software will be governed by the Terms of Use.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE
TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT
ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE
LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT,
MOVIDITY, INC. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, MOVIDITY MAY MAKE AVAILABLE AS PART OF THE
SERVICES OR IN ITS MATERIALS OR SOFTWARE PRODUCTS, TOOLS AND UTILITIES
FOR USE AND/OR DOWNLOAD. MOVIDITY DOES NOT MAKE ANY ASSURANCES WITH
REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH
USE OF ANY SUCH TOOLS AND UTILITIES. YOU SHALL RESPECT THE INTELLECTUAL
PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE
AVAILABLE ON THE SERVICES OR IN MOVIDITY SOFTWARE PRODUCTS.
Use of Documents and
Publications on the Website
Except as expressly prohibited on this website, you are permitted to
view, copy, print and distribute publications and documents within this
website (such as FAQs, white papers, datasheets, press releases and so
on), subject to your agreement that: a) your use of the information is
for informational, personal, and non-commercial purposes only, b) you
will not modify the documents, publications or graphics, c) you will not
copy or distribute graphics separate from their accompanying text and
you will not quote materials out of their context, d) you will display
the below copyright notice and other proprietary notices on every copy
you make, and e) you agree that Movidity may revoke this permission at
any time and you shall immediately stop your activities related to this
permission upon notice from Movidity. Use for any other purpose is
expressly prohibited by law, and may result in civil and criminal
penalties.
The permission above to use documents and publications does not include
permission to copy the design elements, look and feel, or layout of this
website. Those elements of the website are protected by law, such as
trade dress, trademark, unfair competition, and other laws and may not
be copied or imitated in whole or in part. No logo, graphic, sound or
image from the website may be copied or retransmitted unless expressly
permitted by Movidity.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, MOVIDITY AND/OR ITS RESPECTIVE
SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE
INFORMATION CONTAINED IN THE DOCUMENTS AND PUBLICATIONS AND RELATED
GRAPHICS PUBLISHED ON THE WEBSITE FOR ANY PURPOSE. EXCEPT AS EXPRESSLY
PROVIDED OTHERWISE, ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND. EXCEPT AS EXPRESSLY PROVIDED
OTHERWISE, MOVIDITY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED
OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. IN NO EVENT SHALL MOVIDITY AND/OR ITS RESPECTIVE
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
INFORMATION AVAILABLE FROM THE WEBSITE.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD
INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. MOVIDITY AND/OR ITS
RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME WITHOUT
NOTICE.
Disclaimers and Other
Notices on the User of the Website
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL INFORMATION, SOFTWARE,
DOCUMENTATION, MATERIALS, SERVICES AND PUBLICATION ARE PROVIDED "AS-IS"
WITHOUT WARRANTY OF ANY KIND AND MOVIDITY HEREBY DISCLAIMS ALL
WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, MOVIDITY
DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT.
IN NO EVENT SHALL MOVIDITY AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR
ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN
CONNECTION WITH THE USE OF THIS WEBSITE, USE OR PERFORMANCE OF SOFTWARE,
DOCUMENTS, MATERIALS, PUBLICATIONS, PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR INFORMATION AVAILABLE FROM THE WEBSITE.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, YOU ASSUME ALL RISKS CONCERNING
THE SUITABILITY AND ACCURACY OF THE INFORMATION WITHIN THE WEBSITE,
MATERIALS, PUBLICATIONS AND DOCUMENTS. THE WEBSITE, MATERIALS,
PUBLICATIONS AND DOCUMENTS MAY CONTAIN TECHNICAL INACCURACIES OR
TYPOGRAPHICAL ERRORS. MOVIDITY ASSUMES NO RESPONSIBILITY FOR AND
DISCLAIMS ALL LIABILITY FOR ANY SUCH INACCURACIES, ERRORS OR OMISSIONS
IN THE WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS AND IN ANY OTHER
REFERENCE.
MOVIDITY MAY MAKE CHANGES TO THE WEBSITE, INFORMATION, SOFTWARE,
WEBSITE, DOCUMENTS, PUBLICATIONS, PRICES, TECHNICAL SPECIFICATIONS,
PRODUCT OFFERINGS AND ANY OTHER INFORMATION AND MATERIALS ON THE WEBSITE
AT ANY TIME AND WITHOUT NOTICE.
THE WEBSITE, DOCUMENTS AND PUBLICATIONS ARE DISTRIBUTED INTERNATIONALLY
AND MAY CONTAIN REFERENCES OR CROSS-REFERENCES TO MOVIDITY PRODUCTS,
PROGRAMS, AND SERVICES THAT HAVE NOT BEEN ANNOUNCED OR AVAILABLE IN YOUR
COUNTRY. SUCH REFERENCES DO NOT IMPLY THAT MOVIDITY INTENDS TO ANNOUNCE
SUCH PRODUCTS, PROGRAMS, OR SERVICES IN YOUR COUNTRY. CONSULT YOUR LOCAL
MOVIDITY BUSINESS CONTACT FOR INFORMATION REGARDING THE PRODUCTS,
PROGRAMS AND SERVICES WHICH MAY BE AVAILABLE TO YOU.
THE WEBSITE MAY CONTAIN LINKS TO THIRD-PARTY SITES WHICH ARE NOT UNDER
THE CONTROL OF MOVIDITY AND MOVIDITY IS NOT RESPONSIBLE FOR THE CONTENTS
ON ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY
CHANGES OR UPDATES TO SUCH SITES. MOVIDITY IS NOT RESPONSIBLE FOR
WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED
SITE. MOVIDITY IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE,
AND THE INCLUSION OF ANY LINK DOES NOT IMPLY THAT MOVIDITY ENDORSES OR
ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT ON SUCH THIRD-PARTY SITES.
Accounts and Security
If any of the services on the website requires you to open (register) an
account, you must complete the registration process by providing us with
true, current, complete and accurate information as prompted by the
applicable registration form, and you will maintain and promptly update
such information to keep it true, current, complete and accurate. You
also will choose a password and a user name. You are solely responsible
for maintaining the confidentiality of your password and account.
Furthermore, you are entirely responsible for any and all activities
that occur under your account. You agree to notify Movidity immediately
of any unauthorized use of your account or any other breach of security.
Movidity will not be liable for any loss that you may incur as a result
of someone else using your password or account, either with or without
your knowledge. However, you could be held liable for losses incurred by
Movidity or another party due to someone else using your account or
password. You are prohibited from using anyone else's account at any
time, without the permission of the account holder. You acknowledge and
agree that certain services may provide password-restricted access to
customer or 3rd party information such as names and other
identifying information. By using this website and registering for such
services, you consent to Movidity's display of such information and
accept all risks of unauthorized access to such information. If you
provide any information that is false, inaccurate, out of date, or
incomplete, or Movidity has reasonable grounds to suspect that such
information is false, inaccurate, not current, or incomplete, Movidity
may suspend or terminate your account access and refuse any and all
current or future use of the services or any portion thereof. You are
responsible for all costs and charges, including without limitation,
phone charges and telecommunications equipment that you incur in order
to use the services.
No Unlawful or
Prohibited Use
As a condition of your use of the website, you will not use the website
for any purpose that is unlawful or prohibited by these terms,
conditions, and notices. You may not use the Services in any manner that
could damage, disable, overburden, or impair any Movidity server, or the
network(s) connected to any Movidity server, or interfere with any other
party's use and enjoyment of the website. You may not attempt to gain
unauthorized access to services, materials, other accounts, computer
systems or networks connected to any Movidity server or to the website,
through surreptitious or any other means. You may not obtain or attempt
to obtain any materials or information through any means not
intentionally made available to you through the website.
Use of Service on the
Website
The website may contain e-mail services, blogs, bulletin board services,
chat areas, news groups, forums, communities, personal web pages,
calendars, and/or other message or communication facilities designed to
enable you to communicate with others (each a "Communication Service"
and collectively "Communication Services"). You agree to use the
Communication Services only to post, send and receive messages and
material that are proper and, when applicable, related to the particular
Communication Service. By way of example, and not as a limitation, you
agree that when using the Communication Services or the website, you
will not:
-
Use the Communication Services
or the website in connection with surveys, contests, fraudulent
schemes, chain letters, junk email, spamming or any duplicative or
unsolicited messages (commercial or otherwise).
-
Defame, abuse, harass, stalk,
threaten or otherwise violate the legal rights (such as rights of
privacy and publicity) of others.
-
Publish, post, upload,
distribute or disseminate any inappropriate, profane, defamatory,
obscene, obscene as to minors, child pornography, racist, lewd,
lascivious, filthy, excessively violent, harassing, indecent,
unlawful, or otherwise objectionable topic, name, material or
information.
-
Upload, or otherwise make
available, files that contain images, photographs, software or other
material protected by intellectual property laws, including, by way
of example, and not as limitation, copyright or trademark laws (or
by rights of privacy or publicity) unless you own or control the
rights thereto or have received all necessary consent to do the
same.
-
Use any material or
information, including images or photographs, which are made
available through the website in any manner that infringes any
copyright, trademark, patent, trade secret, or other proprietary
right of any party.
-
Upload files that contain
viruses, spyware, Trojan horses, worms, corrupted files, or any
other similar software or programs that may damage the operation or
deny service of another's computer or property of another.
-
Advertise or offer to sell or
buy any goods or services for any business purpose, unless such
Communication Services specifically allows such messages.
-
Download any file posted by
another user of a Communication Service that you know, or reasonably
should know, cannot be legally reproduced, displayed, performed,
and/or distributed in such manner.
-
Falsify or delete any
copyright management information, such as author attributions, legal
or other proper notices or proprietary designations or labels of the
origin or source of software or other material contained in a file
that is uploaded.
-
Restrict or inhibit any other
user from using and enjoying the Communication Services.
-
Violate any code of conduct or
other guidelines which may be applicable for any particular
Communication Service.
-
Glean, harvest or otherwise
collect information about others, including e-mail addresses.
-
Violate any applicable laws or
regulations.
-
Create a false identity for
the purpose of misleading others.
-
Use, download or otherwise
copy, or provide (whether or not for a fee) to a person or entity
any directory of users of the Communication Services or other user
or usage information or any portion thereof.
-
Use any Movidity domain name
as a pseudonymous return email address for any communications that
you transmit from another location or through another service.
-
Transmit unsolicited or bulk
communications to any Movidity account holder or to any Movidity
domain or affiliated email address (regardless of whether you use
the website to transmit any such communication).
-
Disrupt the normal flow of
dialogue, cause a screen to "scroll" faster than other users of the
website are able to type, or otherwise act in a manner that
negatively affects other users' ability to engage in real time
exchanges.
Movidity has no obligation to monitor the Communication Services.
However, Movidity reserves the right to review materials posted to the
Communication Services and to remove and/or edit any materials in its
sole discretion. Movidity reserves the right to terminate your access to
any or all of the Communication Services at any time, without notice,
for any reason whatsoever.
Movidity reserves the right at all times to disclose any information as
Movidity deems necessary to satisfy any applicable federal, provincial,
state, or municipal law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information or
materials, in whole or in part, in Movidity's sole discretion.
Always use caution when giving out any personally identifiable
information about yourself or your children in any Communication
Services. Movidity does not control or endorse the content, messages or
information found in any Communication Services and, therefore, Movidity
specifically disclaims any liability with regard to the Communication
Services and any actions resulting from your participation in any
Communication Services. Managers and hosts are not authorized Movidity
spokespersons, and their views do not necessarily reflect those of
Movidity.
Materials uploaded to the Communication Services may be subject to
posted limitations on usage, reproduction and/or dissemination; you are
responsible for adhering to such limitations if you download the
materials.
Materials Provided to
Movidity or Posted to the Website
Unless otherwise specified, Movidity does not claim ownership of the
materials you may provide to Movidity (including, without limitation,
information, ideas, concepts, techniques, feedback, data, questions,
comments and suggestions, or the like) or post, upload, input or submit
to the website or its associated services for review by Movidity, the
general public, and/or by the members of any public or private community
(each a "Submission" and collectively "Submissions"), and such
Submissions shall be deemed not to be confidential. However, by posting,
uploading, inputting, providing or submitting ("Posting") your
Submission you are granting Movidity, its affiliated companies and
necessary sub-licensees permission to use your Submission in connection
with the operation of their businesses (including, without limitation,
all Movidity services), including, without limitation, the license
rights to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, modify, translate and reformat your
Submissions; to publish your name in connection with your Submission;
develop, manufacture, and market products incorporating such ideas,
concepts, or techniques, and the right to sublicense such rights to any
supplier of the services and/or materials on the website.
No compensation will be paid with respect to the use of your Submission,
as provided herein. Movidity is under no obligation to post or use any
Submission you may provide and Movidity may remove any Submission at any
time in its sole discretion.
By Posting a Submission you warrant and represent that you own or
otherwise control all of the rights to your Submission as described in
these Terms of Use including, without limitation, all the rights
necessary for you to provide, post, upload, input or submit the
Submissions.
You acknowledge that Movidity does not pre-screen Submissions, but that
Movidity and its designees have the right (but not the obligation) in
their sole discretion to block or restrict access to or the availability
of, or to disable, any Submissions that is available via the website.
Without limiting the foregoing, Movidity and its designees may disable,
restrict access to or the availability of, any Submissions that violates
the Terms of Use or is otherwise objectionable. You must evaluate, and
bear all risks associated with, the use of any Submissions, including
any reliance on the accuracy, completeness, or usefulness of such
Submissions.
You understand that all Submissions, whether publicly posted or
privately transmitted, are the sole responsibility of the person from
whom such Submissions originated. This means that you, and not Movidity,
are entirely responsible for all Submissions that you upload, post,
provide, input, submit, or otherwise transmit via the website. Movidity
does not control the Submissions posted via the website and, as such,
does not guarantee the accuracy, integrity or quality of such
Submissions. You understand that by using the website, you may be
exposed to Submissions from others that are offensive, indecent or
objectionable.
Notices and Procedures
for Making Claims of Copyright Infringement
Movidity will investigate notices of copyright infringement and take
appropriate actions. All notices are to be sent to
privacy@movidity.com.
To be effective, the Notification must include the following:
-
A physical or electronic
signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
-
Identification of the
copyrighted work claimed to have been infringed, or if multiple
copyrighted works at a single online site is covered by a single
notification, a representative list of such works at that site.
-
Identification of the material
that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit the
service provider to locate the material.
-
Information reasonably
sufficient to permit the service provider to contact the complaining
party, such as an address, telephone number, and if available, an
electronic mail address at which the complaining party may be
contacted.
-
A statement that the
complaining party has a good faith belief that use of the material
in the manner complained of is not authorized by the copyright
owner, its agent, or the law.
-
A statement that the
information in the notification is accurate, and under penalty of
perjury, that the complaining party is authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
Unsolicited Idea
Submission Policy
MOVIDITY OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED
IDEAS, INCLUDING IDEAS FOR NEW PRODUCTS OR TECHNOLOGIES, PROCESSES,
MATERIALS, MARKETING / SALES PLANS OR THE LIKES. PLEASE DO NOT SEND ANY
ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE
PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR
DISPUTES WHEN MOVIDITY'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM
SIMILAR TO IDEAS SUBMITTED TO MOVIDITY. THEREFORE, PLEASE DO NOT SEND
YOUR UNSOLICITED IDEAS AND CONCEPTS TO MOVIDITY OR ANYONE AT MOVIDITY.
IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS,
YOU STILL SEND THEM, PLEASE UNDERSTAND THAT MOVIDITY MAKES NO ASSURANCES
THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR
PROPRIETARY.
Spam E-mail and
Postings
You agree that Movidity would be irreparably harmed by the use, by you
or others, of the website or facilities in connection with the
transmission of spam newsgroup postings or unsolicited e-mail in
violation of these Terms of Use, and that Movidity is entitled to obtain
injunctive relief against any such transmission (in addition to all
other remedies available at law or in equity). Movidity reserves the
right to block, filter or delete unsolicited e-mail.
Indemnity
You agree to indemnify, defend and hold Movidity, and its subsidiaries,
affiliates, officers, agents, co-branders, partners, and employees,
harmless from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of your Submissons, your
use of the website, including any use by your employees, your connection
to the website, your violation of the Terms of Use, or your violation of
any rights of another.
Advertisements and
Promotions
Movidity may run advertisements and promotions from third parties on the
website. The manner, mode and extent of advertising by Movidity is
subject to change. Your correspondence or business dealings with, or
participation in promotions of, advertisers other than Movidity found on
or through the website, including payment and delivery of related goods
or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you
and such advertiser. Movidity is not responsible or liable for any loss
or damage of any kind incurred as the result of any such dealings or as
the result of the presence of such non-Movidity advertisers on the
website.
Copyright and Trademark
Information
COPYRIGHT NOTICE: Copyright © 2005 Movidity, Inc. All Rights Reserved.
TRADEMARKS: Trademarks referenced herein are either registered
trademarks or trademarks of Movidity, Inc. in Canada, the United States
and/or other countries. The names of actual companies and products
mentioned herein and/or third-party trademarks, trade names and logos
contained herein may be the trademarks of their respective owners. Any
example companies, organizations, products, domain names, email
addresses, logos, people and events depicted herein for demonstration
purposes are fictitious. No association with any real company,
organization, product, domain name, e-mail address, logo, person, or
event is intended or should be inferred. Any rights not expressly
granted herein are reserved.
General Information
The Terms of Use constitute the entire agreement between you and
Movidity and govern your use of the website, superseding any prior
agreements between you and Movidity on the subject matter (including,
but not limited to, any prior versions of the Terms of Use).
Notwithstanding the prior provision, to the extent, and only to the
extent, that any terms set forth in this Terms of Use expressly
contradicts any terms of a prior written agreement between you and
Movidity in effect as of the date of your use of the website and
specifically regarding your use of the website ("Executed Agreement"),
such contradictory terms set forth in the Executed Agreement shall
govern. You also may be subject to additional terms and conditions that
may apply when you use other Movidity services, third-party content or
third-party software. You must not assign or otherwise transfer the
Terms of Use nor any right granted hereunder.
Movidity controls and operates this website from various locations in
Canada and the United States of America and makes no representation that
this website is appropriate or available for use in other locations. If
you use this website from other locations, you are responsible for
compliance with applicable local laws including but not limited to the
export and import regulations of other countries.
You acknowledge and agree that material on this website is subject to
the export laws and regulations. Diversion of such material contrary to
the laws of Canada and the United States is prohibited. You agree that
none of the material on this website, nor any direct product there-from,
is being or will be acquired for, shipped, transferred, or re-exported,
directly or indirectly, to proscribed or embargoed countries or their
nationals, nor be used for nuclear activities, chemical biological
weapons, or any weapons of mass destruction unless authorized by the
federal government of Canada. Proscribed countries may set forth in the
U.S. Export Administration Regulations. You agree to comply strictly
with all Canadian and U.S. export laws and assume sole responsibility
for obtaining licenses to export or re-export as may be required.
The failure of Movidity to exercise or enforce any right or provision of
the Terms of Use does not constitute a waiver of such right or
provision. If a court of competent jurisdiction finds any provision of
the Terms of Use to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the Terms of Use
remain in full force and effect. Regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use
of the website or the Terms of Use must be filed within one (1) year
after such claim or cause of action arose or be forever barred. The
section titles in the Terms of Use are for convenience only and have no
legal or contractual effect. |
