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Motivano Terms & Conditions

Please read the following legal information carefully. These terms and conditions may have changed since your last visit to this site. If you do not agree with any of these terms or conditions, do not access or otherwise use this web site or any information contained on this web site. Your access to and use of this web site constitute your agreement to abide by each of the terms and conditions set forth below.

ACKNOWLEDGEMENT & ACCEPTANCE OF TERMS

Motivano Inc. (herein after "Motivano") welcomes you to our community. By enrolling and/or using the Motivano Programs ("Motivano"), you agree that you have read and understand this Agreement and that your membership in Motivano shall conform to its terms and conditions. The Motivano Programs are owned and operated by Motivano. Motivano provides its service to you subject to the following Terms & Conditions (herein after "T&C"), which may be updated by us, from time to time without notice to you. In addition, when using particular Motivano owned or operated services, all guests and registered members of Motivano shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to Motivano Privacy policy) are hereby incorporated by reference into the T&C.

DESCRIPTION OF SERVICE

Motivano provides users with access to a rich collection of resources, including various communications tools, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (herein after the "Service"). Motivano attempts to be as accurate as possible. However, Motivano does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.

Unless explicitly stated otherwise, any new feature that augments or enhances the current Service, including the release/upgrade of new Motivano properties, shall be subject to the T&C. You understand and agree that the Service is provided "AS-IS" and that Motivano assumes no responsibility for the deletion, or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service.

MOTIVANO PRIVACY AND SECURITY POLICY

Please review our Privacy and Security Policy, which also governs your visit to the Site. To the extent there is a conflict between the terms of the Privacy and Security Policy and the Terms and Conditions, the Terms and Conditions shall govern.

MEMBER ACCOUNT, PASSWORD AND SECURITY

You may be required to register for an account on the sites in order to take advantage of certain features of the sites. If you choose to register on the sites, or if you otherwise provide information on the sites, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the sites, and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information to Motivano that is false, inaccurate, outdated or incomplete, or Motivano has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, Motivano has the right to suspend or terminate your account and to prohibit any and all current or future use of the services (or any portion thereof) by you.

You will receive a password and account designation upon completing the service´s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Motivano of any unauthorized use of your password or account or any other breach of security, and (b) Motivano recommends that you exit from your account at the end of each session if using a public computer. Motivano cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

INDEMNIFICATION

You agree to indemnify and hold Motivano and any client and its directors, officers, employees and agents, (collectively, the "Motivano Parties") harmless from any claim or demand, including reasonable attorney´s fees, made by any third party due to or arising out of an End Users´ usage, content you submit, post, transmit or otherwise make available through the service, your use of the service, your connection to the service, your breach of the Terms or your violation of any law or the rights of a third party.

COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY RIGHTS

Copyrights and Copyright Agent
All content included on this site, such as text, graphics, logos, button icons, images, and audio clips, digital downloads, data compilations, and software, is the property of Motivano or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Motivano and protected by U.S. and international copyright laws. All software used on this site is the property of Motivano or its software suppliers and protected by United States and international copyright laws.

Motivano respects the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied on the sites and/or services in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Motivano's Copyright Agent the following information:

• A signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• A description of the copyrighted work or other intellectual property that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the site;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• 6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Motivano's Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Copyright Agent
c/o Motivano
5810 West Cypress Street, Ste H
Tampa FL 33607
By phone: 866.664.4621

Trademark
You acknowledge that Motivano, the Motivano logo, all page headers, custom graphics, and button icons are service marks, trademarks, and/or trade dress of Motivano and that all other trademarks, product names, company names or logos on the website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this website without the prior written authorization of Motivano.

Motivano and other marks which may or may not be designated on the Site by a "™", "®", "SM" or other similar designation, are registered, pending or unregistered trademarks or service marks of Motivano, in the United States and other countries. Our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Motivano. Motivano's trademarks and trade dress may not be used in connection with any product or service that is not Motivano's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Motivano. All other trademarks not owned by us that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Motivano.

Intellectual Property Rights means all intellectual property rights, including, without limitation, patents, registered designs, trade marks and service marks (whether registered or not), domain names, rights in the nature of unfair competition, copyrights, database rights, design rights, and all similar property rights (in any part of the world).

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Motivano, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the service or the software, in whole or in part.

DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY

Warranty Disclaimer
Motivano warrants that it has the authority to grant the rights granted pursuant to this Agreement.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITES AND/OR SERVICES IS AT YOUR SOLE RISK. THE SITES AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, MOTIVANO, THE COMPANY THAT OPERATES THE WEBSITE FROM WHICH YOU ACCESSED THE SERVICE, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, THE "MOTIVANO PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO ANY MATTER INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR OTHERWISE WHICH WOULD EXTEND BEYOND THE REPRESENTATIONS AND WARRANTIES CONTAINED.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, THE MOTIVANO PARTIES MAKE NO WARRANTY THAT (i) THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES AND/OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOTIVANO OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

Limitation of Liability
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT MOTIVANO PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MOTIVANO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITES OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITES OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES OR IN CONNECTION WITH THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SITES OR SERVICES.

If you are dissatisfied with any Motivano material, or with any of Motivano´s terms and conditions, your sole and exclusive remedy is to discontinue using Motivano´s sites and services.

LINKS TO THIRD PARTY WEBSITE

Products and services may be made available to you through the use of third-party web sites ("Third-Party Portals"). If you accessed this Site through a link from a Third-Party Portal or if this Site provides links to any third-party sites, you agree that Motivano has no control over the content on such sites AND YOU ACKNOWLEDGE AND AGREE THAT THE MOTIVANO PARTIES ARE NOT LIABLE FOR THE PRODUCTS AND/OR SERVICES, THE CONTENT, OR OTHER MATERIALS OFFERED ON SUCH THIRD-PARTY SITES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE MOTIVANO PARTIES ARE NOT RESPONSIBLE FOR AND DO NOT OFFER ANY WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, AND RELIABILITY OR ANY OTHER ASPECTS OF PRODUCTS OR SERVICES FROM THIRD PARTIES. YOU RELEASE THE MOTIVANO PARTIES FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST THE MOTIVANO PARTIES ARISING FROM YOUR USE OF PRODUCTS OR SERVICES FROM THIRD PARTIES.

In addition, a link to a non-Motivano web site does not mean that the Motivano Parties endorse or accept any responsibility for the content, or the use, of such site. It is the user's responsibility to take precautions to ensure that whatever is selected is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. Links on this site to third-party websites are provided solely as a convenience to you. If you use these links, you will leave this site.

Your correspondence or business dealings with, or participation in promotions of, advertisers or third-parties found on or through the use of the sites and/or services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers or third-parties. You agree that the Motivano Parties shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third-parties on the services.

MODIFICATIONS TO SERVICE

Motivano reserves the right to change or modify these T&C´s, and/or any part thereof, at any time with or without notice. You agree that the Motivano Parties shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service. The most recent version of this agreement will be located on this website under Terms and Conditions.

NOTICE

By use of the sites and/or services, you consent to receive communications from Motivano (via email, regular mail, or a posting on the sites), and you agree that any such communications satisfy any legal requirement to make such communications in writing.

SITE POLICIES, LICENSE AND SEVERABILITY

Please review our other policies, such as our Privacy and Security Policy, all of which are incorporated herein by this reference and are posted on the site. These policies also govern your visit to the site. We reserve the right to make changes to the site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Motivano grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Motivano. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Motivano. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Motivano without express written consent. You may not use any Meta tags or any other "hidden text" utilizing Motivano´s name or trademarks without the express written consent of Motivano. Any unauthorized use terminates the permission or license granted by Motivano. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Motivano.com so long as the link does not portray Motivano, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Motivano logo or other proprietary graphic or trademark as part of the link without express written permission.

TERMINATION

Motivano reserves the right, without notice and at its sole discretion, to suspend or terminate the Terms and/or your ability to access or use the sites and/or services, and to block or prevent future access to and use of the sites and/or services for any reason, including your breach of the Terms or other conduct by you that Motivano considers inappropriate. Motivano reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the sites and/or services (or any part thereof) with or without notice. You agree that the Motivano Parties shall not be liable to you or to any third party for any modification, suspension or discontinuance of the sites and/or services.

GOVERNING LAW AND JURISDICTION

This Agreement, its interpretation, performance, or any breach thereof, will be construed in accordance with, governed by, and all questions with respect thereto will be determined by, the laws of the State of New York applicable to contracts entered into and wholly to be performed within said state. Each Party hereby consents to the personal jurisdiction of the State of New York, acknowledges that venue is proper in any state or Federal court in the State of New York, agrees that any action arising out of or related to this Agreement must be brought exclusively in a state or Federal court in the State of New York, and waives any objection it has or may have in the future with respect to any of the foregoing.

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