AGREEMENT BETWEEN USER AND PSP METRICS
The Motivator 360 Web Site is comprised of various Web pages operated by PSP Metrics.
The Motivator 360 Site is offered to you conditioned on your acceptance without modification
of the terms, conditions, and notices contained herein. Your use of the Motivator 360 Web Site
constitutes your agreement to all such terms, conditions, and notices.
PSP Metrics reserves the right to change the terms, conditions, and notices under which the
Motivator 360 Web Site is offered, including but not limited to the charges associated with the
use of the Motivator 360 Web Site.
LINKS TO THIRD PARTY SITES
The Motivator 360 Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites
are not under the control of PSP Metrics and PSP Metrics is not responsible for the contents of any
Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates
to a Linked Site. PSP Metrics is not responsible for webcasting or any other form of transmission
received from any Linked Site. PSP Metrics is providing these links to you only as a convenience,
and the inclusion of any link does not imply endorsement by PSP Metrics of the site or any association
with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Motivator 360 Web Site, you warrant to PSP Metrics that you will not
use the Motivator 360 Web Site for any purpose that is unlawful or prohibited by these terms, conditions,
and notices. You may not use the Motivator 360 Web Site in any manner which could damage, disable,
overburden, or impair the Motivator 360 Web Site or interfere with any other party's use and enjoyment
of the Motivator 360 Web Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Motivator 360 Web Sites.
USE OF COMMUNICATION SERVICES
The Motivator 360 Web Site may contain bulletin board services, chat areas, news groups, forums, surveys,
communities, personal web pages, calendars, and/or other message or communication facilities designed
to enable you to communicate with the public at large or with a group (collectively, "Communication Services"),
you agree to use the Communication Services only to post, send and receive messages and material that are
proper and related to the particular Communication Service. By way of example, and not as a limitation, you
agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
PSP Metrics has no obligation to monitor the Communication Services. However, PSP Metrics reserves
the right to review materials posted to a Communication Service and to remove any materials in its sole
discretion. PSP Metrics reserves the right to terminate your access to any or all of the Communication Services
at any time without notice for any reason whatsoever.
PSP Metrics reserves the right at all times to disclose any information as necessary to satisfy any applicable
law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information
or materials, in whole or in part, in PSP Metrics' sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any
Communication Service. PSP Metrics does not control or endorse the content, messages or information found
in any Communication Service and, therefore, PSP Metrics specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your participation in any Communication Service.
Managers and hosts are not authorized PSP Metrics spokespersons, and their views do not necessarily reflect
those of PSP Metrics.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction
and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO PSP METRICS OR POSTED AT ANY MOTIVATOR 360 WEB SITE
PSP Metrics does not claim ownership of the materials you provide to PSP Metrics (including feedback and
suggestions) or post, upload, input or submit to any Motivator 360 Web Site or its associated services (collectively
"Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are
granting PSP Metrics, its affiliated companies and necessary sublicensees permission to use your Submission
in connection with the operation of their Internet businesses including, without limitation, the rights to: copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission;
and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. PSP Metrics is
under no obligation to post or use any Submission you may provide and may remove any Submission at any
time in PSP Metrics' sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you
own or otherwise control all of the rights to your Submission as described in this section including, without
limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE MOTIVATOR 360 WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PSP METRICS
AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MOTIVATOR 360
WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE MOTIVATOR 360 WEB SITE SHOULD NOT BE
RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD
CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
PSP METRICS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE MOTIVATOR 360 WEB
SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. PSP METRICS AND/OR
ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PSP METRICS
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE MOTIVATOR 360 WEB SITE, WITH THE DELAY OR INABILITY
TO USE THE MOTIVATOR 360 WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE
TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE MOTIVATOR 360 WEB SITE, OR OTHERWISE ARISING
OUT OF THE USE OF THE MOTIVATOR 360 WEB SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PSP METRICS OR ANY OF ITS SUPPLIERS
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING MOTIVATOR 360 WEB SITE.
PSP Metrics reserves the right, in its sole discretion, to terminate your access to the Motivator 360 Web Site
and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent
permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby
consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes
arising out of or relating to the use of the Motivator 360 Web Site. Use of the Motivator 360 Web Site is
unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions,
including without limitation this paragraph. You agree that no joint venture, partnership, employment, or
agency relationship exists between you and PSP Metrics as a result of this agreement or use of the
Motivator 360 Web Site. PSP Metrics's performance of this agreement is subject to existing laws and
legal process, and nothing contained in this agreement is in derogation of PSP Metrics's right to comply
with governmental, court and law enforcement requests or requirements relating to your use of the Motivator
360 Web Site or information provided to or gathered by PSP Metrics with respect to such use. If any part of
this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not
limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent
of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified
herein, this agreement constitutes the entire agreement between the user and PSP Metrics with respect to the
Motivator 360 Web Site and it supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and PSP Metrics with respect to the Motivator 360 Web Site. A
printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to the same extent an d subject to the
same conditions as other business documents and records originally generated and maintained in printed
form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the Motivator 360 Web Site are: Copyright 2006 and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No
association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under
United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT
TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims
of Copyright Infringement.