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IS A LEGAL AGREEMENT. BY ACCESSING THIS WEB SITE OR USING
ANY SERVICE PROVIDED HEREIN, YOU ACCEPT AND AGREE TO BE BOUND
BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE
READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS
TERMS.
1. Parties. The parties to this Agreement are you, a visitor
to this web site ("You"), and the owner and operator
of this web site, High Motive. All references to "us",
"this web site" or "this site" shall be
construed to mean High Motive. If the user is not an individual,
then "You" means Your company, its officers, members,
agents, successors and assigns.
2. Prohibited Conduct. You agree (i) not to use this site
to upload or distribute in any way files that contain viruses,
corrupted files, or any other similar software or programs
that may damage the operation of another's computer; (ii)
not to interfere or disrupt this site or any networks connected
to this site; (iii) not to use any device, software or routine
or attempt to interfere with the proper functioning of this
site or any transactions being offered at this site; (iv)
not to take any action that imposes an unreasonable or disproportionately
large load on High Motive's infrastructure; (v) not to use
this site to collect or harvest personal information, including,
without limitation, financial information, about other participants
at this site; and (vi) not to impersonate any person or entity
or falsely state or otherwise misrepresent Your affiliation
with a person or entity. You agree not to use the services,
products, or downloads available at this site for illegal
purposes, and to comply with all regulations, policies and
procedures of networks connected to this site.
3. Copyrights. The copyright in all material provided on this
site is owned by High Motive. You acknowledge and agree that
this site contains proprietary information that is protected
by applicable intellectual property and other laws. You further
acknowledge and agree that information presented to You through
this site, including text, graphics, logos, icons, images
and software, and the arrangement and compilation of such
content, are the property of High Motive or its content suppliers
and is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws. High Motive
does not grant any license or authorization to any user of
its copyrightable material or other intellectual property,
by placing them on this site. Furthermore, except as stated
herein, none of the material may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted
in any form or by any means, including, but not limited to,
electronic, mechanical, photocopying, recording, or otherwise,
without the prior written permission of High Motive or the
copyright owner.
4. Trademarks. The trademarks, service marks, and logos (the
"Trademarks") used and displayed on this site are
registered and unregistered Trademarks of High Motive and
others. Nothing on this site should be construed as granting,
by implication, estoppels, or otherwise, any license or right
to use any Trademark displayed on the site, without the written
permission of the Trademark owner. High Motive aggressively
enforces its intellectual property rights to the fullest extent
of the law. The High Motive logo may not be used in any way,
including in advertising or publicity pertaining to distribution
of materials on this site, without prior, written permission.
High Motive prohibits use of any of the forgoing names or
marks as a meta-tag or as a "hot" link to any High
Motive site unless establishment of such a link is approved
in advance by us in writing.
5. Monitoring. You acknowledge that High Motive or its designees
reserves the right to, and may from time to time, monitor
any and all activity or information transmitted or received
through this site. High Motive, in its sole discretion and
without further notice to You, may (but is not obligated to)
review, censor or prohibit any activity or the transmission
or receipt of any Information which we deem inappropriate
(such as that specified in above) or that violates any term
or condition of this agreement. During monitoring, information
may be examined, recorded, copied, and used for authorized
purposes. Use of this site, authorized or unauthorized, constitutes
consent to such monitoring. Unauthorized uses and unauthorized
users of this site will be prosecuted to the full extent of
the law.
15. LIMITED LIABILITY. High Motive SHALL NOT BE LIABLE FOR
ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION
OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT,
SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF
ANY KIND ARISING OUT OF THIS AGREEMENT, EVEN IF THEY HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS AND WHETHER OR
NOT THEY HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH
DAMAGES MIGHT BE INCURRED, AND NOTWITHSTANDING ANY FAILURE
OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION
INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS
AGAINST YOU. 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 GOODS OR SERVICES PROVIDED ON
THIS SITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR
AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
YOU FURTHER AGREE IF YOU BECOME ENTITLED TO ANY RECOVERY,
THAT YOUR RECOVERY SHALL BE LIMITED TO THE AMOUNT OF FEES
OR PAYMENTS MADE TO High Motive, IF ANY, FOR THE SERVICE OR
CONTENT AT ISSUE.
16. Indemnity. You shall indemnify, defend, and hold harmless
High Motive and its affiliates, employees, agents, successors,
officers, and assigns, from any suits, losses, claims, demands,
liabilities, costs and expenses (including attorney and accounting
fees) that they may sustain or incur arising from (i) Your
use of the content available from this site, (ii) Your failure
to comply with any applicable laws and regulations (including
without limitation those regarding the export of products
or technology abroad) or to obtain any licenses or approvals
from the appropriate government agencies necessary to purchase
or sell the subject goods and services, (iii) Your use of
the content available on this site in any way contrary to
this agreement (d) Your breach of any of Your representations,
warranties or obligations set forth in this agreement, (iv)
the sale, purchase, transportation, delivery, use or disposal
of any High Motive service, product, or download associated
with this site or available through other sites, or any loss
suffered by or harm to any person or property in any way relating
to or caused in whole or in part by Your use of this site
or any service, product, or download associated with this
site (including, without limitation, any personal injuries
or death of any third person caused in whole or in part by
such products or services, the use, transportation, delivery,
storage, handling or release thereof), and (v) any taxes attributable
to the relating to any service, product, or download associated
with this site.
17. Beneficiaries of this Agreement; No Other Agreements.
The rights and limitations in this agreement are for the benefit
of High Motive, which shall have the right to enforce its
rights hereunder directly and on its own behalf.
18. Termination. You agree that High Motive may, at its sole
discretion, deny You access to the site and disable any user
name and password associated with You for any reason, including,
without limitation, if High Motive believes that You have
violated or acted inconsistently with the letter or spirit
of this agreement. High Motive reserves the right at any time
and from time to time to modify or discontinue, temporarily
or permanently, the services offered under this site (or any
part thereof) with or without notice. You agree that High
Motive shall not be liable to You or to any third party for
any modification, suspension or discontinuance of the services
offered under this site.
You may contact us with inquiries and High Motive will investigate
those matters and respond to the inquiries.
BY ACCESSING THIS WEB SITE OR USING ANY SERVICE PROVIDED HEREIN
YOU AFFIRM THAT YOU HAVE READ THIS ENTIRE AGREEMENT AND AGREE
TO ALL ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL
OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, PLEASE
EXIT THIS SITE.
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