2. ACCEPTANCE OF TERMS
3. USER ACCOUNTS
If you establish an account at this site in order to purchase products or receive information from us, you are responsible for maintaining the confidentiality of your account and your password. By establishing an account, User agrees to accept responsibility for all activities that occur at the site under your account and password. InMotion reserves the right, in its sole discretion, to refuse service, cancel orders or terminate your account.
4. COPYRIGHT AND MARKS
All content on the site (with the exception of content provided by InMotion’s third party content providers and materials posted by Users) are the copyrighted property of InMotion. Other than the download to the viewer’s computer that is inherent in viewing a web page, site contents may not be copied, reproduced, modified, published, uploaded, posted, transmitted, “framed” on another site, or distributed in any way without the prior written consent of InMotion. Users must retain all copyright and other proprietary notices on any authorized reproductions of any portion of the site. Any third party marks and content appearing on the site are the property of their respective owners. You are not permitted to use any of these third party marks or content without permission of the respective owner.
Users posting their own content on the site pursuant to the terms of this Agreement retain the copyright in such material, but they are deemed to have given InMotion a license to the material sufficient for the purposes of operating the web site, which means InMotion can copy the material for backup and archival purposes, display it on the web site, allow viewers to view it (including by downloading a copy to the viewer’s machines) and edit it for length or compliance with the rules applicable to User postings on the site. This license is perpetual, worldwide, transferable as part of any transfer of the website in whole or in part, and fullypaid up. InMotion also has the right to remove User content from the site at any time for any purpose.
5. PROHIBITED CONDUCT
User expressly agrees to refrain from doing, either personally or through an agent, any of the following:
a) Use any device or other means to harvest information about other Users.
b) Transmit, install, upload or otherwise transfer any virus or other item or process to the site that in any way affects the use, enjoyment or service of the site.
c) Transmit, install, upload or otherwise transfer any virus or other item to the site that in any way affects the use, enjoyment or service of any User’s or any InMotion employee’s computer or other medium used to access the site.
d) Post any material on the site that is offensive to any other User. InMotion maintains the exclusive right to determine what is offensive.
e) Post or store on the site any content that violates or infringes the intellectual property rights of others (including but not limited to copyrights, trademarks, trade secrets, patents and publicity rights).
f) Modify the information, including headers, found on the web site.
g) Transmit, install, upload or otherwise transfer to the site any unauthorized advertisement or communication.
h) Engage in any action which InMotion determines is detrimental to the use and enjoyment of the site.
i) Use the site for any unlawful or defamatory means.
j) Transmit, install, upload, post or otherwise transfer any information in violation of the laws of the United States or post any information that could result in civil unrest.
k) Attempt to access, or access, the personal information of another User which is stored on this site.
l) Permit any person to access this site using the User’s password. m) Attempt to, or access, this site using another User’s password.
n) Use any “deeplink”, “pagescrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the site. InMotion reserves the right to bar any such activity.
o) Probe, scan or test the vulnerability of the site or any network connected to the site, or breach the security or authentication measures on the site or any network connected to the site, or reverse lookup, trace or seek to trace any information on any other User or any other customer of InMotion, including any InMotion account not owned by you, to its source, or exploit the site or any service or information made available or offered by or through the site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the site.
6. DISCLAIMER AND LIMITATION OF LIABILITY
Although InMotion has attempted to provide accurate information on the site, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. USER ACCESSES THIS SITE AT HIS OR HER OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER InMotion NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF InMotion, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. InMotion IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.
IN NO EVENT WILL InMotion OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL InMotion OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE.
7. THIRD PARTY CONTENT
InMotion is not the publisher or speaker of any information on the site that is provided by third party content providers or by Users, and InMotion is not liable for any claims related to that information. Any mention on the site of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by InMotion. InMotion assumes no responsibility for those products or services. Any dealings among any User and any third parties mentioned on or found through the site are solely between the Users and the third parties, and are subject to any terms, conditions, warranties or representations associated with those dealings.
InMotion MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, InMotion DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY SITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.
8. User Content
InMotion may from time to time and at its sole discretion post content on the site that has been submitted to InMotion by User, including but not limited to product reviews or other comments (collectively, “User Content”). User may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content.
User retains the copyright in any User Content and grants InMotion a nonexclusive, royaltyfree, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display, throughout the world in any media, any and all User Content. User also grants InMotion the right to use the name submitted by User in connection with User Content, if InMotion so chooses. User represents and warrants that User owns or otherwise controls all of the rights to the User Content; that the User Content is accurate; that use of the User Content does not violate this Agreement and will not cause injury to any person or entity; and that User will indemnify InMotion for all claims resulting from the User Content. InMotion has the right but not the obligation to monitor and edit or remove any User Content. InMotion takes no responsibility and assumes no liability for any User Content.
User agrees to defend, indemnify and otherwise hold harmless InMotion and its officers, directors, agents, employees and assigns from and against any cause of action or claim, including legal fees, related to User’s use of the site.
Users are prohibited from violating or attempting to violate the security of the site. InMotion will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.
InMotion may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) InMotion’s rights or property, or the rights or property of visitors to or users of the site, including InMotion’s customers. InMotion reserves the right at all times to disclose any information that InMotion deems necessary to comply with any applicable law, regulation, legal process or governmental request. InMotion also may disclose your information when InMotion determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that InMotion may, in its sole discretion and without prior notice, terminate your access to the site, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies, (2) a request by you (selfinitiated account deletions), (3) discontinuance or material modification of the site or any service offered on or through the site, or (4) unexpected technical issues or problems.
12. TERMINATION OF AGREEMENT
Either InMotion or User may terminate this Agreement at its discretion. In addition to InMotion’s other rights, InMotion may terminate access to this site or cancel membership to any service that InMotion provides on the site, if User breaches this Agreement in any way or engages in conduct that InMotion deems inappropriate. In the event of termination of this Agreement, the provisions in this paragraph and the provisions found in paragraphs 4, 5, 6, 7, 8, 9 and 11 shall survive.
14. COPYRIGHT PROTECTION
InMotion honors the intellectual property rights of others and asks the same of Users of the site. InMotion may, in its sole discretion, terminate the accounts or access rights of Users whose actions infringe or otherwise violate the intellectual property rights of others. If you believe your work has been infringed, please provide InMotion with the following information:
a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b) Identification of the copyright work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c) 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 InMotion to identify the material;
d) Information that is reasonably sufficient to permit InMotion to contact the complaining party, such as address, telephone number and, if available, email address;
e) A statement that the complaining party has a good faith belief that use of the material in a manner complained of is not authorized by the copyright owner, its agent, or the law; and
f) 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.
InMotion can be contacted at: By mail:
InMotion Mobile Tires
800 Levee Drive
Manhattan, KS 66502
By email: email@example.com