Last Updated: May 05, 2020
1. Acceptance of Terms
These terms and conditions of use (the “Terms of Use”) apply to all visitors and users of InterMotion Technology, Inc. and its subsidiaries (collectively “InterMotion Technology”) website (“Website”). By using or accessing this Website, you agree to these Terms of Use. If you do not accept these terms, you are not authorized to access and use this Website.
2. Proprietary Rights
All text, materials, graphics, interfaces, photographs, trademarks, logos, sounds, music, artwork (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned or licensed by or to InterMotion Technology and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. This Website and the Content are for your personal and non-commercial use. No portion of this Website may be reproduced in any form or by any means without our prior written permission. You are not permitted to distribute, modify, publish, transmit or create derivative work of any Content contained on the Website for any public or commercial purposes.
InterMotion Technology hereby gives you permission to copy materials published by InterMotion Technology on this Website solely for personal and non-commercial use within your organization, provided that you (i) do not remove, alter or amend any titles, trademarks, copyright, restricted rights notices or any proprietary notice language in any of the copies of such materials, (ii) do not copy or post such materials on any networked computer or broadcast it in any media, (iii) do not make modifications to any such materials and (iv) will not copy, transfer or transmit any such materials or any information contained therein to any unauthorized third party. No other use of the information is authorized.
The trademarks, logos and service marks (“Marks”) displayed on this Website are the property of InterMotion Technology or other third parties. You are not permitted to use these Marks without the prior written consent of InterMotion Technology or such third party which may own the Marks. “InterMotion Technology” and the InterMotion Technology logo are trademarks or registered trademarks of InterMotion Technology and/or its affiliates in the U.S. and other countries. Third-party trademarks mentioned are the property of their respective owners.
Except as expressly specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of InterMotion Technology or any third party.
3. Disclaimer; Limitation of Liability
InterMotion Technology does not promise or warrant that the Content, information, services and features included or available on this Website is accurate, timely, current, reliable or correct; that this Website or any Content, information, services or features of the Website will be error-free, uninterrupted or available at any particular time or location; that any defects or error will be corrected; that the Content or any information you download from the Website is free of viruses or other harmful components or; that your use of the Website will provide specific results. All information provided by InterMotion Technology on this Website is provided “AS-IS”, with all faults and without warranty of any kind, whether expressed, implied or statutory, including but not limited to any warranties and conditions of merchantability, intended use, fitness for a particular purpose, title, non-infringement or arising from a course of dealing, usage or trade practice. InterMotion Technology disclaims any and all liability for the acts, omission and conduct of any third parties in connection with or related to your use of the Website. InterMotion Technology does not promise or warrant that the Content, information, services or features included or available on this Website, or the Website itself is suited for your intended use or purpose. It is your responsibility to independently determine the suitability of the Content, information, services, and features, included or available on this Website, and the Website itself, for your intended use and purpose and to verify the same. You may not rely on the Content, information, services, features included or available on this Website, the Website itself, or any component thereof. Your use of this Website and any linked site is solely at your own risk and you assume total responsibility for such use.
InterMotion Technology, in its sole discretion and without prior notice, may modify or change the Website or any portion thereof, any products, services or programs offered on the Website and/or any applicable policies or term; or modify, suspend, interrupt or terminate operation of or access to the Website, or any portion thereof, for any reason.
Any mention of non-InterMotion Technology products or services on this Website is for information purposes only and does not constitute an endorsement, a guarantee or a recommendation by InterMotion Technology. InterMotion Technology makes no representations or warranties about the suitability of any third party products and/or services or the accuracy or reliability or completeness of any third party content and hereby disclaims all warranties and conditions, whether express, implied or statutory with respect to any third party products, services and contents.
EXCEPT WHERE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL INTERMOTION TECHNOLOGY OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY GENERAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, PROFIT OR REVENUE, LOSS OR DAMAGE TO DATA, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THIS WEBSITE OR ANY INTERMOTION TECHNOLOGY PRODUCTS AND/OR SERVICES, YOUR PARTICIPATION IN OR YOUR RELIANCE OF INTERMOTION TECHNOLOGY PARTNER PROGRAM OR DAMAGES RESULTING FROM USE OR RELIANCE OF THE INFORMATION PRESENTED BY INTERMOTION TECHNOLOGY, EVEN IF INTERMOTION TECHNOLOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSIONS OR LIMITATION OF CERTAIN DAMAGES, INTERMOTION TECHNOLOGY LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
InterMotion Technology’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided to you, and nothing on this Website should be construed to alter such agreements.
4. Forward-looking Statements
Some of the information included or incorporated by reference on this Website may contain projections or other forward-looking statements regarding future events or the future financial performance of InterMotion Technology. Forward-looking statements can often be identified by words such as “anticipates”, “expects”, “forecasts”, “intends”, “believes”, “seeks”, “estimates”, “plans”, “predicts”, “may”, “will”, “should”, “would”, “potential”, “continue” and similar expressions and variations or negatives of these words. In addition, any statements that refer to expectations, projections or other characterizations of future events or circumstances, including any underlying assumptions, are forward-looking statements. These statements speak only as of the date they are made and are based upon the information available to us at that time. We are under no obligation to revise or update publicly any forward-looking statement for any reason, except only as required by law. Forward-looking statements are not guarantees of future results and are subject to risks, uncertainties and assumptions that are difficult to predict. Therefore, our actual results could differ materially and adversely from those expressed in any forward-looking statement as a result of various factors.
5. Prohibited Use
You will not in any manner use the Website or any services made available by InterMotion Technology on the Website for any purpose that is unlawful or prohibited by these Terms of Use. By way of example, and not as a limitation, you may not:
- collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
- transmit or post any material or information that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar or otherwise objectionable or prohibited by these Terms of Use;
- harass or interfere with another user’s use and enjoyment of the Website;
- transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs;
- interfere with or disrupt servers or networks connected to the Website, or violate the regulations, policies or procedures of such networks;
- attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to the Website, through password mining or any other means;
- solicit the performance of any illegal activity or other activity which infringes the rights of InterMotion Technology or others;
- post, distribute or transmit any material that may infringe the intellectual property rights or other rights of third parties, including any patent, trademark, copyright, trade secret, or other proprietary rights;
- make the Website, or any Content contained in the Website, available to any unauthorized third party;
- sell, loan, rent, lease, re-license, sublicense, transmit, distribute, re-distribute, or timeshare the Website, or create any internet “link” to the Website without the prior express written authorization from InterMotion Technology;
- cause or permit the reverse engineering, disassembly, decompilation of, or any other attempt to derive any software comprising or available through the Website;
- remove, alter, amend, or otherwise tamper with any titles, trademarks, copyright, restricted rights notices, or other proprietary rights legend included or provided with the Website.
6. Member Account, Password and Security
Certain features or services offered on or through the Website may require you to open an account and create a password. Where you have created an account in the Website, you warrant that the information you have provided is truthful and accurate. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password and for any and all activities that occur under your account. You agree to notify InterMotion Technology immediately of any unauthorized use of your account or password or any other breach of security. You may be held liable for losses incurred by InterMotion Technology or any other user of or visitor to the Website due to someone else using your account and password. If InterMotion Technology believes that your account has been compromised, InterMotion Technology may require you to update your password or terminate your access to the Website. You may not use anyone else’s account at any time without the permission of the account holder. InterMotion Technology cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
7. Applicable Laws; Export Control Laws
Although the Website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. User access to this Website is governed by all applicable federal, state and local laws. InterMotion Technology makes no representation that any Content and information on this Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website from outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.
All information available on the Website and InterMotion Technology products and technology are subject to export control laws and regulations of the United States and may also be subject to the laws of the country where you reside. You agree to comply with all such export control laws and regulations and will not use or export, directly or indirectly, any material within this Website and/or InterMotion Technology products and technology in violation of these laws.
8. Denial of Access; Violation of Terms of Use
InterMotion Technology may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website for any reasons, which includes but is not limited to (i) if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Website, (ii) requests by law enforcement or other government agencies, (iii) a request by you to delete your account or (iv) technical issues or problems.
You agree that InterMotion Technology will not be liable to you or to any third party for termination of your access to the Website for any reasons. If InterMotion Technology does take any legal action against you as a result of your violation of these Terms of Use, InterMotion Technology will be entitled to recover from you, and you agree to pay, all attorneys’ fees and costs of such action, in addition to any other relief granted to InterMotion Technology.
By using our Website, you agree to indemnify and hold InterMotion Technology, its officers, directors, shareholders, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against InterMotion Technology by any third party due to or arising out of or in connection with your use of the Website or your violation of any of the provisions of the Terms of Use. You also agree that any violation by you of these Terms of Use will cause irreparable harm to InterMotion Technology, for which monetary damages would be inadequate, and you consent to InterMotion Technology obtaining any injunctive or equitable relief that InterMotion Technology deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies InterMotion Technology may have at law or in equity.
9. Link to Third Party Sites
Our Website may contain links to other party websites or automatically produce search results that refer or link to other party websites. Links to such third party websites are not under the control of InterMotion Technology and InterMotion Technology is not responsible for any contents, materials, opinions, advice or statements or for the accuracy or reliability of any such contents and materials made on any linked site or any link contained in a linked site, or any changes or updates to such sites. InterMotion Technology is not responsible for any form of transmission received from any linked site, including but not limited to webcasting or audio transmission. Access to any linked site or any link contained in a linked site is at your own risk. InterMotion Technology is providing these links to you only as a convenience and the inclusion of any link does not imply any warranty (implied, express or otherwise) or any endorsement by InterMotion Technology of the site including any information or materials contained on such linked sites.
10. Software Available on this Website
Any InterMotion Technology software that is made available to download from this Website (“Software”) is the copyrighted work of InterMotion Technology and/or its suppliers. Use of the Software is governed by the license terms which accompanies or is included with the Software or if no license terms accompany the file, the terms of the license agreement which accompanied the original product by which you are updating or the license terms pursuant to the InterMotion Technology end user license agreement (collectively “InterMotion Technology Software License Agreement”). You are not permitted to download and install any Software unless you first agree to the InterMotion Technology license agreement governing the Software. The Software is warranted, if at all, only according to the terms of the applicable InterMotion Technology Software End User License Agreement (EULA). Except as provided in the applicable InterMotion Technology Software License Agreement, InterMotion Technology hereby disclaims all warranties and conditions with regard to the Software, whether expressed, implied or statutory, including but not limited to any warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
U.S. Government Restricted Rights. Any Software which is downloaded from the Website for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication, disclosure, modification, or adaptation of the Software by the U.S. Government is subject to restrictions as set forth in DFARS 252.227-7013 (or its successors) – Rights in Technical Data and Computer Software clause or the 48 CFR 52.227-19 or its successors – Commercial Computer Software – Restricted Rights, as applicable. Manufacturer is InterMotion Technology Inc., Oregon City, Oregon 97045.
11. Terms of Sale for Online Store
All products sold under this Online Store site are subject to the InterMotion Technology Sales Order Terms and Conditions (for hardware) and End User License Agreement (for software). Additionally, the Customer (or recipient, if different) is the importer of record and therefore must comply with all applicable import laws and regulations of the destination country. Orders may be subject to import taxes, customs duties and fees, which are levied once a shipment reaches the recipient’s country. Additional charges for customs clearance must be borne by the recipient; InterMotion Technology has no control over these charges and can’t predict what they may be. Customs policies can vary widely from country to country. You should contact your local customs office for more information. When customs clearance procedures are required, it can cause delays beyond original delivery estimates.
12. Privacy Policy
InterMotion Technology Privacy Policy applies to your use of this Website and its terms are made a part of these Terms of Use by this reference. See our Privacy Policy relating to the collection and use of your information.
13. Choice of law; Venue
You agree that the Terms of Use and all matters relating to your access to or use of the Website, including all disputes, will be governed by and construed in accordance with the laws of the State of Oregon without regard to its conflicts of law provisions. You hereby agree to the exclusive jurisdiction and venue in the state or federal courts located in Clackamas County, Oregon, and waive any objection to such jurisdiction or venue. Any cause of action you may have with respect to your use of the Website must be commenced within one (1) year after the claim or cause of action arises. If any provision within the Terms of Use is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.
14. Miscellaneous
These Terms of Use constitute the entire agreement between you and InterMotion Technology with regard to your use or access of the Website, and any and all other written or oral agreements or understandings previously existing between you and InterMotion Technology with respect to such use are hereby superseded and cancelled. InterMotion Technology’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by InterMotion Technology of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between InterMotion Technology and you or any other party be deemed to modify any provision of these Terms of Use.