Terms of Use

This website (“Website”) is owned and operated by Motion Clinical, Inc. and its subsidiaries and affiliated companies (collectively, “Motion” “we”, “us” and “our”).  The following Terms of Use (the “Terms of Use”) contain the terms and conditions governing your use (as the “User”) of the Website and any content made available from or through the Website. 

We may change the Terms of Use from time to time, at any time without notice to you, by posting such changes on the Website.  BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO THESE TERMS OF USE.  If you do not agree to these Terms of Use, you should not access or otherwise use the Website.

Please review our Privacy Policy to learn more about the collection, use, disclosure and protection of information that you provide to the Website.  Agreeing to the Terms of Use includes an agreement to our Privacy Policy, which is incorporated by reference as though fully set forth herein.  The Terms of Service set forth the terms of service which will apply should you choose to access and use the Motion Clinical services (the “Services”). 

 

Medical Warning

This Website does not provide medical care services and is not to be considered professional healthcare advice, nursing or the practice of medicine.  Rather, the Site provides general information regarding health care that should in no way be construed as specific instructions or a treatment plan.  This Website does not intend to be, and should never considered, a substitute for proper medical advice, diagnosis or treatment.  

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911.

 

GENERAL USE OF THE Website

Limited License

You may access, view and use the content on the Website on your computer or other device and make copies or prints of the content on the Website for your personal, non-commercial use only. You must be 18 years or older to access, view, or use this Website.

Prohibited Uses

Any commercial or promotional use, distribution, reproduction or other exploitation of the Website, or any content, code, data or materials on the Website, is strictly prohibited unless you have received the express prior written permission from us. Other than as expressly allowed in these Terms of Use, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Website. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Website, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. If you make other use of the Website, or the Website’s content, code, data or materials, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail or other addresses, contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Website, including without limitation any information residing on any server or database connected to the Website; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Website in any manner with the intent to interrupt, damage, disable, overburden, or impair the Website, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Website in violation of our or any third party's intellectual property or other proprietary or legal rights; (v) insert your own or a third party's advertising, branding or other promotional content into any of the Website's content, materials or services, or (vi) use the Website in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website.

Proprietary Rights

As between you (as the user of the Website) and us, we own or have licensed from third parties (including the providers of Content, see below), the right, title and interest in and to the Website, the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, etc.), code, data and materials used in connection with the Website, the look and feel, design and organization of the Website, and the compilation of the content, code, data and materials on the Website, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights and other intellectual property and proprietary rights therein. Your use of the Website does not grant to you ownership of any content, code, data or materials you may access on or through the Website, or download from the Website.

 

Trademarks

The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed or used on the Website or on material available through the Website are our registered and unregistered Trademarks and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by us that appear on the Website, if any, are the property of their respective owners. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Website without our written permission or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Website is strictly prohibited.

 

USER INFORMATION

In the course of your use of the Website, you may be asked to provide certain personalized information to us. Our information collection and use policies with respect to the privacy of such information are set forth in the Website's Privacy Policy.

You represent and warrant that you own all of the material submitted to our Website and that you have all rights necessary to grant us the license to use such material. 

 

Copyright Policy

We respect the intellectual property rights of others, and require that the people who use the Website, or the features made available on or through the Website, do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

  • Your address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the alleged infringing material is located;
  • A 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;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • 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 are authorized to act on the copyright owner's behalf.

Motion's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Motion, 480 2nd St. Suite 100, San Francisco, CA 94107.

 

Private or Sensitive Information

It is important to remember that the Content you submit and upload may be stored in multiple places, both on our Website and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will view it over time. It is therefore important that you are careful about the personal information that you disclose about yourself and others. Please do not submit private or sensitive information. If you do so inadvertently, your information will be used and disclosed in the same manner as any other information you provide to us in accordance with our Privacy Policy.

 

Linking to the Website

You agree not to download or use images hosted on this Website on another website, for any purpose without our express written permission. You agree not to link from any other website to this Website in any manner such that the Website, or any page of the Website, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Website be discontinued, and to revoke your right to link to the Website from any other website at any time upon written notice to you.

 

INDEMNIFICATION

You agree to defend, indemnify and hold us and our affiliates and each of our respective directors, advisors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys' fees, arising in any way from your use of the Website, your placement or transmission of any message, the Content, or other information or materials through the Website, or your breach or violation of the law or of these Terms of Use. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

 

THIRD PARTY WEBSITES

You may be able to link from the Website to third party websites and third party websites may link to the Website (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, code or other materials presented on or through such websites. The inclusion of any link to such sites on our Site does not imply our endorsement or recommendation of that site and we do not represent or warrant that the contents of any third party website is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Any reliance on the contents of a third party website is done at your own risk.

 

NO ILLEGAL OR MALICIOUS USE

No User may use the Website for any illegal, malicious or unauthorized purpose or to abuse, harass, threaten, intimate, or impersonate any other User.  Any such use will result in termination to the User’s access to the Website and of the User’s account. 

 

NON-COMPLIANCE

If a User does not comply with any aspect of these Terms, we may (without prejudice to any other rights or remedies available to it) cancel or suspend that User’s account, disable the ability of that User to use the Website, and/or terminate these Terms.  We shall not be liable for any loss or damage suffered by Users as a result of our exercise of rights under this clause.

 

Security 

 We take reasonable measures to keep User Account Information secure against unauthorized use or access.  However, Users shall be responsible for maintaining the security of their account by keeping their User Account Information, Passcode number and log-in details confidential and secure, and not sharing any such information with any third party.  Users must select their Passcode numbers carefully, and Passcode numbers must not be sequential or easily-identifiable numbers (for example, birthdates, 1-2-3-4, or 1-1-1-1).

We shall not be liable for any loss, cost, or damage suffered as a result of any unauthorized use of the Website by any third party caused by a User’s failure to comply with these provisions.  Users must notify us immediately if they suspect or become aware of any unauthorized or fraudulent use of their account.

 

DISCLAIMER OF WARRANTIES

THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE WEBSITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, USEABILITY, ACCURACY, PRECISION, CORRECTNESS, COMPLETENESS, OR USEFULNESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE WEBSITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE WEBSITE.

WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE WEBSITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE WEBSITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE NEITHER ENDORSE NOR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE IN THE CONTENT PROVIDED BY USERS.

 

LIMITATION OF LIABILITY

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, ANY OF OUR DIRECTORS, ADVISORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEBSITE, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEBSITE.

 

APPLICABLE LAWS

We control and operate the Website from the United States of America. We do not represent that materials on the Website are appropriate or available for use in other locations. Persons who choose to access the Website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.

Our Website is subject to the United States export control laws and regulations, and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import any data on our Website, as may be required.

 

TERMINATION

We may terminate, change, suspend or discontinue any aspect of the Website. We may restrict, suspend or terminate your access to the Website if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. We maintain a policy that provides for the termination, in appropriate circumstances, of the Website use privileges of users who are repeat infringers of intellectual property rights.

 

CHANGES TO TERMS OF USE

We reserve the right, at our sole discretion, to change, modify, add or remove any portion of the Terms of Use, in whole or in part, at any time. Changes in the Terms of Use will be effective when posted. Your continued use of the Website after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.

 

Assignment

You may not assign or transfer these Terms of Service, by operation of law or otherwise, without our prior written consent and any attempt by you to do so shall be null and of no effect.  We may assign or transfer these Terms, at our sole discretion, in connection with the merger, acquisition, or sale of any or all of our business and/or our assets to a third party.  Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

 

MISCELLANEOUS

The Terms, and the relationship between you and us, shall be governed by the laws of the State of California, United States of America.  You agree that any cause of action that may arise under the Terms of Use shall be commenced and be heard in the appropriate court in the County of San Francisco, State of California, United States of America.  You agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within San Francisco County in the State of California.  Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.  If any provision of the Terms is found by a court of competent jurisdiction 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 remain in full force and effect.

 

Contacting Us

If you have any questions or comments about these Terms, please email us at [email protected].

 

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.