1. Acceptance of Terms
2. Description of Site
InMotion provides users of the Site’s interactive features with information concerning inMotion’s services (the “Service”), i.e. ways for volunteers to assist with those services and obtain relevant training, and opportunities for donors to assist inMotion’s mission financially. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the TOU. You understand and agree that the Service is provided "AS IS" and “AS AVAILABLE” and that inMotion assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.Information provided on the Site does not constitute professional counseling or therapy and the Site does not replace such services.
In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
4. Registration of Third Parties
You agree not to register third parties to receive information from the Site. If you do so, you will defend, indemnify and hold inMotion and its affiliates harmless against any liability, costs or damages arising out of claims or suits by such third parties based upon or relating to such access and use.
5. No Unlawful or Prohibited Use
As a condition of your use of the Service, you warrant to inMotion that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions or notices. You may not use the Service in any manner which could damage, disable, overburden or impair the Service or interfere with any other party's use and enjoyment of the Service. You understand that using the Site for an illegal purpose or to transmit content that is unlawful, harassing, libelous, invasive of another's privacy, harmful, vulgar, obscene or otherwise objectionable, may result in the termination of your relationship with inMotion and/or your access to the Site.
6. Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported to the United States from the country in which you reside.
7. Material Referred by inMotion or Posted on the Service
InMotion does not control the content of all the materials to which it refers users and, as such, cannot guarantee the accuracy, integrity or quality of such content. Under no circumstances will inMotion be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Service.
InMotion and its designees shall have the right to remove any content for any reason. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness or usefulness of such content.
You agree not to post any content from the Service to news groups, email lists or electronic bulletin boards, or to link to any of our content or web pages from any website, without our written consent.
You agree to indemnify and hold inMotion, its subsidiaries, affiliates, officers, agents, partners and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOU or your violation of any rights of another.
9. No Resale of Service
Unless otherwise specified, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Service, use of the Service or access to the Service.
10. General Practices Regarding Use and Storage
You acknowledge that inMotion may establish general practices and limits concerning use of the Service. You understand inMotion may store information provided by you and may disclose information as required by law, to enforce the TOU, to respond to third party infringement claims, or to protect inMotion’s employees, visitors, partners, and the public. You agree that inMotion has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Service. You further acknowledge that inMotion reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
11. Modifications to Service
InMotion reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that inMotion shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that inMotion, in its sole discretion, may terminate your use of the Service, and remove and discard any content within the Service, for any reason, including, without limitation, if inMotion believes that you have violated or acted inconsistently with the letter or spirit of the TOU. InMotion may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOU may be effected without prior notice, and acknowledge and agree that inMotion may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that inMotion shall not be liable to you or any third party for any termination of your access to the Service.
You may terminate your receipt of emails and access to the Service at any time for any reason. Each email to you will receive will contain an easy, automated way for you to cease receiving email from the Service or inMotion, or to change your expressed interests. If you wish to do this, simply follow the instructions at the end of any email.
If you have received unwanted or unsolicited email sent via this system or purporting to be sent via this system, please forward a copy of that email for review with your comments, to the Site Administrator at email@example.com.
13. Third Parties
Your correspondence or dealings with third parties found on or through the Service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that inMotion shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Service.
The Service may provide, or third parties may provide, links to other web sites and resources on the Internet. Because inMotion has no control over such web sites and resources, you acknowledge and agree that inMotion is not responsible for the availability of such external web sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such web sites or resources. You further acknowledge and agree that inMotion 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 use of or reliance on any such content, goods or services available on or through any such hyperlinked site or resource.
14. Company's Proprietary Rights
You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by inMotion, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part. InMotion expressly authorizes; however, for strictly noncommercial use, the reproduction or distribution of copies of The Basics Series booklets which are published on the Site; provided you include all copyright and other proprietary rights notices in the same form in which they appear on the Site.
You agree not to access the Service by any means other than through the interface that is provided by inMotion for use in accessing the Service. Any rights not expressly granted herein are reserved.
As between you and inMotion, inMotion owns all right, title, and interest in, or has a valid right to use, all intellectual property used, published, or disclosed on the Site. If you have reason to believe that any content published on the Site infringes the intellectual property rights of others in any way, please e-mail us at firstname.lastname@example.org, phone us at 212.695.3800 or send us a facsimile at 212.695.9519, or write us at inMotion, Inc., Site Administrator, 100 Broadway, 10th Floor, New York, NY 10005.
15. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INMOTION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. INMOTION MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INMOTION OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
16. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT INMOTION SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INMOTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
17. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.
Notices to you may be made via either email or postal mail. The Service may also provide notices of changes to the TOU or other matters by displaying notices or links to notices to you generally on the Service.
These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
21. General Information
The TOU constitute the entire agreement between you and inMotion and govern your use of the Service, superseding any prior agreements between you and inMotion. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party content or third party software. The TOU and the relationship between you and inMotion shall be governed by the laws of the State of New York applicable to agreements entered into and performed in their entirety within such state. You and inMotion agree to submit to the personal and exclusive jurisdiction of the courts located within the State of New York, County of New York. The failure of inMotion to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU 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 TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in the TOU are for convenience only and have no legal or contractual effect.