Thank you for visiting the Motiive LLC (”Motiive”) Web Site. These terms and conditions (the “Terms”) apply to the Motiive.com Web Site (the “Web Site”). By accessing the Web Site, you agree to follow and be bound by these Terms.
IF YOU DO NOT AGREE TO THE FOLLOWING TERMS, PLEASE DO NOT CONTINUE TO USE THE WEB SITE.
Motiive may change or revise these Terms at any time without. Your continued use of the Web Site following such revisions indicates your acknowledgement and acceptance of the new Terms. Additionally, Motiive reserves the right, at any time and for any reason, to modify the Web Site and to suspend, interrupt or terminate operation of or access to the Web Site. Any rights not expressly granted herein are reserved by Motiive.
GENERAL USE PROVISIONS
All content and materials provided on this Web Site, including but not limited to information, product descriptions, media, documents, text, logos, icons, graphics, images, videos, software, computer code and services (collectively, the ”Materials”), are owned, controlled or licensed by or to Motiive, its affiliates or subsidiaries, or its third party manufacturers, clients, developers and vendors (collectively, ”Third Party Stakeholders”) and are the copyrighted work of Motiive and/or its Third Party Stakeholders. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, printing, recording, or other means, without the prior express written permission of Motiive. Also, you may not appropriate or copy the general “look and feel” of the Materials or Web Site in any form or by any means.
Except where expressly provided otherwise by Motiive, nothing on this Web Site shall be construed to confer any license offer for license or sale under any of Motiive’s or any Third Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by Motiive and as such, Motiive makes no warranty with respect to its contents. Motiive does not provide, sell, license, or lease any of the Materials other than those expressly identified as being provided by Motiive.
Motiive hereby grants you permission to display, copy, distribute and download certain Materials that have specifically been made available by Motiive for downloading from the Web Site, provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials; (2) the Materials are used solely for personal, non-commercial and informational purposes and will not be copied or posted on any networked computer, broadcast in any media, or used for commercial gain; and (3) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these Terms. Upon termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The following is a non-inclusive list of activities are expressly prohibited by Motiive:
- Gaining or attempting to gain unauthorized access to the Web Site (or any Portion thereof), to any software or services featured on the Web Site, or to any systems or networks connected to the Web Site or Motiive’s servers;
- Obtaining or attempting to obtain any Materials or proprietary Motiive content via any means not expressly made available by Motiive;
- Interfering or attempting to interfere with the functionality or use of the Web Site by others;
- Assessing or testing the vulnerability of the Web Site or attempting to breach its security or authentication measures
- Using the Web Site or Materials for any unlawful purposes or soliciting illegal or infringing activities; and
- Using, exporting or re-exporting Materials in violation of applicable laws or regulations, including but not limited to U.S. export laws.
By using this Web Site, you agree that Motiive may at any time and in its sole discretion terminate and block your access to the Web Site if Motiive determines that you have violated these Terms or any other Motiive agreements or guidelines which may be associated with your use of the Web Site. Further, you agree that your violation of the Terms will constitute unlawful and unfair business practices, and will cause irreparable harm to Motiive for which monetary damages would be inadequate. Additionally, you consent to Motiive obtaining any injunctive or equitable relief that it deems appropriate or necessary under the circumstances. The foregoing remedies are in addition to any other remedies Motiive may have.
Motiive reserves the right to disclose information about you that it deems necessary to comply with any applicable laws, regulations, or legal requests. In the event of any investigation or complaint regarding your use of the Web Site, Motiive may disclose information about you if it determines such action is necessary. Motiive may also disclose identifying information about you in order to contact, identify or take action against someone injuring or interfering with the rights of Motiive, its customers, or other users of the Web Site.
LINKS TO THIRD PARTY SITES
This Web Site may contain links to Web Sites controlled by parties other than Motiive. Motiive is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party Web Sites. Motiive is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Motiive of the linked Web Site. It is your responsibility to take precautions to ensure that whatever third party content you use is free of viruses or other items of a destructive nature.
Except where expressly provided otherwise by Motiive, all comments, feedback, information or materials submitted to Motiive through or in association with this Web Site (”Submissions”) shall be considered non-confidential and property of Motiive. By providing such Submissions to Motiive, you agree to assign to Motiive, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. Motiive shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Motiive, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
Except where expressly provided otherwise by Motiive, the materials on the web site are provided “as is” and Motiive hereby disclaims all express or implied representations, warranties, guaranties, and conditions, including but not limited to any implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement, except to the extent that such disclaimers are held to be legally invalid. Motiive makes no representations, warranties, guaranties, or conditions as to the quality, suitability, truth, accuracy, or completeness of any of the materials contained on the web site.
LIMITATION OF LIABILITY
Motiive shall not be liable for any damages suffered as a result of using, modifying, contributing, copying, distributing, or downloading the materials. In no event shall Motiive be liable for any indirect, punitive, special, incidental, or consequential damage (including but not limited to loss of business, revenue, profits, use, data or other economic advantage), however it arises, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information or materials available from this web site, even if Motiive has been previously advised of the possibility of such damage. You have sole responsibility for the adequate protection and backup of data and/or equipment used in connection with the web site and you will not make a claim against Motiive for lost data, re-run time, inaccurate output, work delays, or lost profits resulting from the use of the materials. You agree to hold Motiive, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, affiliates and subsidiaries harmless from, and you covenant not to sue Motiive for, any claims based on or related to the use of the web site and/or materials.
INTELLECTUAL PROPERTY NOTICES
The Web Site, Materials and/or Products are protected by trade dress, trademark, copyright and other laws and may not be transmitted, reproduced, repurposed, copied or imitated in whole or in part unless expressly permitted by Motiive.
Motiive, the Motiive logo, and other Motiive product names referenced in the Materials and on the Web Site are trademarks of Motiive Systems, Inc. And/or one of its subsidiaries, and may be registered in the United States Patent and Trademark Office and in other countries. All other product names, company names, marks, logos, and symbols are trademarks of their respective owners.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
Motiive respects the intellectual property rights of others. Motiive may, in appropriate circumstances and at its sole discretion, terminate the access of users who infringe the copyrights or intellectual property rights of others.
If you believe your work has been copied and is accessible on the Web Site in a way that constitutes copyright infringement, or that the Web Site contains links or other references to another online location that contains material or activity that infringes your copyright, you may notify us by providing the following information to our copyright agent pursuant to the U.S. Digital Millennium Copyright Act, 17 U.S.C.:
Our agent for notice of claims of copyright infringement related to our products or our Web Site can be reached as follows:
- Your name, address, email address and telephone number;
- The copyrighted work that you claim has been infringed;
- The allegedly infringing material (including the URL);
- A statement that declares under the penalty of perjury that (a) you are the owner of the copyright interest at issue, or you are authorized to act on behalf of the owner, (b) you have a good faith belief that the use is not authorized by the copyright owner, its agent or the law, and (c) the information in your notice is accurate; and
- Your signature (physical or electronic).
Any action related to these Terms will be governed by Florida law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
INFORMATION WE GATHER:
"Personal Information" means individually identifiable information about an individual consumer collected from that individual by Motiive via the website or other means (for example, by your voluntarily submitting personal information via the completion of an order form or registration form). The types of personal information that we may request includes, without limitation, your name, company, job title, mailing address, email address, telephone number, and geo-location data of your mobile or other device, including GPS-based, Wi-Fi-based, or cell-based location information.
ADULT AUDIENCES ONLY
The website is intended for adult audiences and is not directed to children and other individuals under the age of majority in the individual's country, and we do not knowingly collect Personal Information or other information from such individuals. You agree to notify us immediately if you become aware that we have received information from any such individuals.
THIRD PARTY SITES
HOW WE USE IT:
Motiive may store and use your Personal Information and may share it with vendors, marketing partners and other Stakeholders for sales and marketing purposes. Additionally, we may share it with government agencies if required to do so by law. Some data, such as the types of used services and how many users we receive daily, may be used by Motiive for statistical, marketing, promotional, or any other lawful purposes. This kind of information is collected in aggregate/statistical form, without identifying any user individually. Individual data may be used for marketing and sales
Motiive has implemented industry-standard measures to protect the security of the Personal Information we collect via the website. This includes an HTTPS encrypted website. No one can guarantee, and we do not guarantee, that your Personal Information is completely secure at all times. You are also responsible for maintaining the confidentiality of your Personal Information to protect it against unauthorized access or use.
Motiive may retain your Personal Information for as long as you continue to use the website or Products, and thereafter as permitted or required by applicable law. If we delete your Personal Information, it may still be contained on backup media or other systems.