Please read these terms carefully before accessing or using this website
Effective Nov 12, 2020
The motionstudy.fit website (the “Site”) is owned and operated by Motion Study. By using this Site, you explicitly agree to comply with and be bound by the following terms and conditions (“Terms and Conditions” or “Agreement”), and all policies, rules, and instructions, and additional terms posted on or through the Site, all of which are incorporated into this Agreement. By registering for, logging into, visiting and/or otherwise using the Site in any way, you indicate that you understand, intend to be legally bound by, and accept these Terms and Conditions. Motion Study may change these Terms and Conditions at any time. Your continued use of the Site following appropriate notice of such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions. At all times, you are bound by the then-current version of these Terms and Conditions and all applicable laws. Please review these Terms and Conditions periodically for changes.
This Site may contain links to websites operated by other parties (“External Sites”). The External Sites are not under the control of Motion Study, and Motion Study is not responsible for the content available on any External Sites. Such links do not imply Motion Study’s referral or endorsement of material on External Sites or of any other entity, item or service, and Motion Study disclaims all liability with regard to your access to External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. Motion Study provides links to External Sites as a convenience to users, and access to any External Sites linked to this Website is at your own risk.
Ownership And Intellectual Property
Except as otherwise indicated, all copyright rights and other intellectual property rights in this Site and its contents, including any and all messages, data, information, text, music, sound, photos, images, graphics, code, marks, logos, audio and video, footage, animations, podcasts, analyses, studies, reports, downloads, and other content contained herein ("Site Content") is owned by or licensed to Motion Study, and protected by law, including copyright, database, trade secret, and trademark laws of the United States and all applicable jurisdictions, as well as other applicable state, national, and international laws and regulations. The Site Content is Copyright 2019, Motion Study, all rights reserved. Motion Study also owns copyright rights in the Site Content as a collective work and/or compilation. Motion Study, and all other marks displayed on this site (the "Trademarks") are registered and/or common law trademarks of Motion Study and/or various third parties. Except as expressly stated herein, nothing contained on this Site may be construed as granting, by implication, estoppel, or otherwise, any grant, license or right to use any Site Content or Trademarks without the prior written permission of Motion Study or such other party that may own the Trademarks or any licensed copyrights. You agree not to directly or indirectly: attempt to register, challenge or contest the validity or the Motion Study’ (or its licensor’s, as applicable) ownership of, such copyrights, Trademarks or any other Motion Study’ intellectual property, or assist any third party in doing so.
Motion Study MAKES NO CONDITION, REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SUITABILITY OF THE SITE CONTENT, OR ANY PORTION THEREOF, FOR ANY PURPOSE. THE SITE, ALL SITE CONTENT, AND ALL OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS," “AS AVAILABLE” BASIS, AND Motion Study EXPRESSLY DISCLAIMS ANY AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR USE, INCLUDING ALL IMPLIED WARRANTIES IN CONNECTION WITH THE FOREGOING. Motion Study ALSO EXPRESSLY DISCLAIMS ANY CONDITION, WARRANTY OR REPRESENTATION AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR PROPRIETARY CHARACTER OF THE SITE, ALL SITE CONTENT, AND ALL OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE. Motion Study DOES NOT GUARANTEE THAT THE SITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CLAIMS AND ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, THE ALLEGED INACCURACY OF SITE CONTENT, YOUR INABILITY TO ACCESS THE SITE AT ANY GIVEN TIME, OR ALLEGATIONS THAT Motion Study HAS OR SHOULD INDEMNIFY, DEFEND, OR HOLD YOU HARMLESS FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE.
LIMITATION OF LIABILITY
YOU USE THE SITE AT YOUR OWN RISK AND NEITHER Motion Study, ITS AFFILIATES AND SUBLICENSEE NOR THE PARTIES WHO PROVIDE INFORMATION AND MATERIAL FOR PUBLICATION WITHIN THE SITE CONTENT SHALL BE LIABLE FOR ANY DAMAGES OF ANY SORT ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR ANY PRODUCT OR SERVICE LINKED TO OR FROM OR ADVERTISED OR PROMOTED ON THE SITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, AND LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED BY LAW, Motion Study ALSO DISCLAIMS LIABILITY FOR ANY DIRECT DAMAGES BASED ON YOUR ACCESS OR USE OF THE SITE AND THE SITE CONTENT. IF Motion Study IS FOUND TO BE LIABLE UNDER THIS AGREEMENT, INCLUDING FOR DIRECT OR ANY TYPE OF DAMAGES, OUR AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY; OR (B) $100.
YOU AGREE TO INDEMNIFY Motion Study AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS, AND LICENSORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, AND HOLD ALL OF THE FOREGOING HARMLESS, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITY AND EXPENSES, INCLUDING ATTORNEYS FEES, ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ANY BREACH OF THESE TERMS AND CONDITIONS.
You are solely responsible for ensuring compliance with the laws of your specific jurisdiction. The Site can be accessed from every U.S. state, as well as from other countries around the world. Each of those places has laws that may differ from those of Massachusetts, where Motion Study is located. By accessing the Website, you and Motion Study agree that the laws of The Commonwealth of Massachusetts, without regard to its conflicts of laws principles, will apply to all disputes based on, arising out of, or relating to your use of the Website or any information it contains. With respect to such disputes, you and Motion Study also agree and hereby submit to the exclusive personal jurisdiction and venue of any court located in Boston, Massachusetts. You will comply with any applicable export restrictions under any applicable export control laws and not to export or re-export any of the Information to countries or persons prohibited under such export control laws. If you are in a country where such export is prohibited or are a person or entity for which such export is prohibited, you may not download any Information. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Information. The Information is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Use of the Website or Information by the U.S. Government constitutes acknowledgement of our proprietary rights in the Website and Information. If any provision of these Terms is found to be unlawful, invalid or unenforceable by any court having competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. Failure of Motion Study to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision in these Terms. No waiver shall be effective against Motion Study unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by Motion Study and you in writing, these Terms constitute the entire agreement between you and Motion Study with respect to the subject matter and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. Motion Study may assign its ownership, control, or other rights to any party at any time without notice to you. These terms will inure to the benefit of our successors, assigns, licensees, and sublicensees.
Assumption of Risk
You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. Although Motion Study has endeavored to create a secure and reliable Site, the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, Motion Study is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. Motion Study shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using this Site.