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Terms of Use

 

This website is a service made available by Motus Insurance Services, a Delaware limited liability corporation, and its affiliates (collectively referred to in this document as “Motus”). All use of this website, including all content, information and services provided on this website, is subject to the following terms of use (“Terms”), which constitute a legal agreement between you and Motus . By accessing, browsing or using this website, you acknowledge that you have read, understood and agree to be bound by these Terms. We may update these Terms at any time, without notice to you. Each time you access this website, you agree to be bound by the Terms then in effect. If you have any questions about these Terms, or about the content, information or services on this website, you may contact us via our contact us page.

Disclaimer

The information contained in this website, and its associated websites, is provided as a service to the Internet community, and does not constitute legal or professional advice. We try to provide quality information, but we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this web site and its associated sites. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel. You should refrain from acting on the basis of anything contained on this website without first seeking the advice of a competent attorney. Motus does not agree to provide legal representation to you based upon your visiting this website, nor does sending communications through Motus establish an attorney-client relationship.

License

The information contained in this website, and its associated websites, is provided as a service to the Internet community, and does not constitute legal or professional advice. We try to provide quality information, but we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this web site and its associated sites. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel. You should refrain from acting on the basis of anything contained on this website without first seeking the advice of a competent attorney. Motus does not agree to provide legal representation to you based upon your visiting this website, nor does sending communications through Motus establish an attorney-client relationship.

Usage Restrictions

By using this website, you agree that:
• you shall not use, intentionally or unintentionally, any of the content, information or services on this website in a manner contrary to or in violation of any applicable law or rule or regulation having the force of law, including privacy laws;
• you shall not use this website in any manner that could harm, infect, take over, disable, overburden or otherwise impair any of our computer systems, including, the servers, networks and other components connected to or used for this website;
• you shall not interfere with any other party’s use and enjoyment of this website or any of the content, information or services provided on this website;
• you shall not forge headers or otherwise manipulate identifiers in order to disguise or alter the origin of any content transmitted through the services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
• you shall not upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• you shall not upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• you shall not attempt to gain unauthorized access to any services, accounts, computer systems or networks connected to any server used for this website, through password mining, hacking or any other means;
• you shall not seek to gain access to any materials or information through any means not intentionally made available by us;
• you shall not reproduce, duplicate, copy, download, sell, resell or otherwise exploit this website, or any portion hereof, for commercial purposes without Motus ’s prior written consent;
• you shall not use any framing techniques to enclose any portion of this website (including, but not limited to, images, text, page layout and form) without Motus ’s prior written consent;
• you shall not make any use of the trademarks, service marks, trade names, logos and graphics on this website without Motus ’s prior written consent.
• you shall not use any network monitoring or discovery software to determine the site architecture or extract information about usage, individual identities or users;
• you shall not use any robot, spider, other automatic software or device or manual process to monitor or copy the website or the content, information or services on this website without Motus ’s prior written consent;
• you shall not collect any email addresses made available on this site for purposes of promotions or marketing campaigns and you shall not solicit any users with data retrieved from this website or any attorney identified on this website; and
• you shall not distribute, on or through this website, any advertising; promotion; solicitation for goods, services or funds; or solicitation for others to become members of any enterprise or organization without Motus ’s prior written permission.

Infringement Reporting Procedures:

Copyright Procedures

Motus reserves the right to terminate your or any third-party’s right to use the Site if such use infringes the copyrights of another. Motus may, under appropriate circumstances and at its sole discretion, terminate your or any third-party’s right to access to the Site, if Motus determines that you or a third-party is a repeat infringer. If you believe that any material has been posted via the Site by any third-party in a way that constitutes copyright infringement, and you would like to bring it to Motus’s attention, you must either submit your complaint here or provide Motus’s Copyright Agent identified below with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) your name and contact information, including, without limitation, telephone number and email address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
•The contact information for Motus’s Copyright Agent for notice of claims of copyright infringement is:
Motus Insurance Services, LLC.
Attn: Copyright Agent
c/o The Risk Management Department
116 West 23rd Street
New York, NY 10011
Email: [email protected]
Toll-Free Number: 833.MOTUSINS / 833.668.8746

Patents, Copyrights and Trademarks

The technology, code and content provided on this website is owned by or licensed to Motus and is protected by United States and international intellectual property laws. Motus and its licensors retain all proprietary rights to that content and technology. You may not use the design, images, icons, code, or other elements of this website without Motus ’s express written consent.

Advertisers

This website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this website is accurate and complies with applicable laws. Motus will not be responsible for the illegality of, or any error or inaccuracy in, advertisers’ or sponsors’ materials, or for the acts or omissions of such advertisers or sponsors.

No Legal, Tax or Accounting Advice or Practice of Law

The information and services on this website are not intended to and shall not be used as legal, tax or accounting advice. You use the content, information and services on this website at your own risk. You acknowledge that under no circumstances is Motus, its agents, affiliates or customers, providing legal, tax or accounting advice or representation through this website, and that nothing on this website is intended as a substitute for advice from an attorney, accountant, tax professional or other business advisor. UNDER NO CIRCUMSTANCE SHALL MOTUS HAVE ANY LIABILITY TO YOU FOR ANY RELIANCE ON INFORMATION CONTAINED ON OR OBTAINED THROUGH THIS WEBSITE. SUCH RELIANCE SHALL BE SOLELY AT YOUR OWN RISK.

Termination

You acknowledge and agree that Motus, in its sole discretion, may terminate your website access if your conduct is found to be unlawful, inconsistent with or in violation of, the letter or spirit of these Terms. Motus shall not be liable to you or any third party for termination of website access. Should you object to any terms and conditions of these Terms, or to any subsequent modifications thereto, your only recourse is to immediately discontinue use of the website.

 

Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of California, and you agree to submit to the exclusive jurisdiction of the state and federal courts sitting in California. You agree to waive all defenses or objections to such jurisdiction and venue.

Statute of Limitations

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 this website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Waiver

Failure by Motus to exercise or enforce any right or provision of these Terms shall not constitute a waiver of any right or provision.

Infringement Reporting Procedures

The information contained in this website, and its associated websites, is provided as a service to the Internet community, and does not constitute legal or professional advice. We try to provide quality information, but we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this web site and its associated sites. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel. You should refrain from acting on the basis of anything contained on this website without first seeking the advice of a competent attorney. Motus does not agree to provide legal representation to you based upon your visiting this website, nor does sending communications through Motus establish an attorney-client relationship.

Electronic Communications

When you visit this website and when you communicate with us electronically, for example by sending us an email, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. We welcome your feedback and suggestions about how to improve this website. Any ideas, suggestions, information or material received through this website, however, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Motus to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, (in whole or part) worldwide, or act on such content without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. You hereby waive any claim to the contrary.

Disclaimer of Warranties and Limitation of Liability

WE PROVIDE THIS WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE, THE CONTENT, INFORMATION OR SERVICES INCLUDED ON THIS WEBSITE, OR THAT THE WEBSITE OR CONTENT WILL BE ERROR-FREE. YOU AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MOTUS DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES.

Linking to the Website

You are granted a limited, nonexclusive right to create a hyperlink to pages of this website, provided such link does not portray Motus or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner, and provided that you discontinue providing links to this website if requested by Motus . This limited right may be revoked at any time.

Third-Party Content

Third-party content, messages and services may appear on this website or may be accessible through links from this website. Motus is not responsible, and assumes no liability, for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood or obscenity in the statements, opinions, representations or any other form of content contained in any third party content appearing on or accessible from this website. You acknowledge that the information and opinions in the third party content are neither endorsed or controlled by, nor reflect the beliefs of Motus.

Indemnification

You agree to indemnify, defend and hold Motus and their respective officers, directors, shareholders, employees, affiliates, agents, licensors and suppliers harmless from and against all claims, losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these Terms by you.

Severability of Provisions

If any provision of these Terms is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

Costs of Enforcement

The user of this website agrees to be responsible for all costs incurred by Motus in enforcing these Terms against that user. Such costs include, but are not limited to, reasonable attorneys’ fees and costs, including experts’ fees and any other costs incurred by the above parties.

 

Contact Information

If you have any questions about these Terms, or about the content, information or services on this website,
you may contact us via our contact us page.