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MOTAH.US TERMS OF USE
Effective Date: February 9, 2009
IF YOU ARE UNDER THE AGE OF 18 (a "Minor"), YOUR PARENT OR GUARDIAN MUST TELL MOTAH.US THAT HE OR SHE CONSENTS TO THESE TERMS OF USE AND MOTAH.US PRIVACY POLICY BEFORE YOU CAN USE MOTAH.US WEBSITE AND SERVICES. HAVE YOUR PARENT OR GUARDIAN VISIT OUR PRIVACY POLICY FOR INSTRUCTIONS ON HOW TO PROVIDE PARENTAL CONSENT.
THESE TERMS OF USE, AS AMENDED FROM TIME TO TIME (the "Terms"), ARE A BINDING CONTRACT BETWEEN MOTAH, LLC ("Motah" or "we") AND YOU ("you"). YOU MUST READ AND AGREE TO THESE TERMS, INCLUDING THE PRIVACY POLICY, BEFORE USING THE MOTAH.US WEBSITE (the "Site") OR ANY SOFTWARE, TOOLS, APPLICATIONS, FEATURES OR FUNCTIONALITY AVAILABLE ON OR THROUGH THE SITE (collectively, the "Service"). BY USING THE SERVICE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.
- DESCRIPTION OF SERVICE. Motah.us is a website designed to give kids (of all ages) a way to share and be recognized for their real achievements and real selves, to support them building positive self-images, and to motivate—MOTAH!—them.
- MODIFICATIONS TO TERMS.
- Procedure. At any time Motah may change these Terms, which includes the Privacy Policy, due to changes in service levels, technology, industry, practices, the law, or consumer demand, or for any other reason. We will provide notice to you of any material change in the Terms by posting notice to the Site and sending you an email to the e-mail address that we have on record for you. Except where separate consent is required under federal or state law, your continued use of the Service 30 days after our notice to you of a change in the Terms means that you have agreed to the amended Terms.
- Your Obligation to Stay Current. It is critical that you keep your email contact information correct and updated with Motah at all times. In addition, we encourage you to check back regularly to review these Terms at least once every 30 days.
- MODIFICATIONS TO SERVICE. We reserve the right to change the URL, modify or discontinue, and restrict or block access to, the Service without notice to you. We may modify or remove any Content from the Service at any time without notice to you, including removal of Content that we believe to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.
- CONTENT PROTECTED BY INTELLECTUAL PROPERTY RIGHTS; NO WARRANTY. Any content available through the Service, including tools, applications, software, text, audio, video, pictures, graphics, music, sound clips, images, likenesses, personal information and other works of authorship (collectively, "Content") is protected by the intellectual property rights of Motah or its licensors. MOTAH, ITS LICENSORS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT:
- THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT; OR
- THE SATISFACTION OF ANY LAWS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUGS OR OTHER HEALTH-RELATED PRODUCTS AND SERVICES.
- YOUR SUBMISSIONS OF CONTENT; ACCOUNT REQUIRED.
- Your Warranties Regarding Submissions. By submitting any Content for publishing or displaying on the Service (any such Content submitted by you referred to herein as a “Submission”), you warrant and represent the following:
- you own all rights in the Submission or, alternatively, you have sufficient rights in the Submission to grant to Motah the rights described in these Terms;
- you will pay all license fees, clearance fees, and other financial obligations of any kind, arising from any use by Motah of your Submission;
- you are the individual pictured, depicted, and/or heard in your Submission or you have obtained permission from each person (including consent from parents or guardians for anyone under the age of eighteen (18)) who appears and/or is heard in your Submission to grant the rights to Motah described in these Terms; and
- your Submission is not defamatory, does not infringe the intellectual property rights, privacy, rights to publicity or any other legal or moral rights of any third party.
- Establishing an Account for Submission. To send Submissions to be considered for display on the Site, you must first complete the Site registration process to create an account with a user name and password (the "Account"). Since your user name will be publicly displayed on the Site, do not use your actual first and last name as your user name. You may not share your password with anyone unless you are a Minor, in which case you may share your password with your parents or other legal guardians. If you are a Minor, please click here for information on getting parental consent to use the Service. No Minor may send Submissions to Motah prior to obtaining proper parental consent. Any such Submissions sent without prior notification of parental consent may be discarded immediately if Motah has reason to believe that the Submission was made by a Minor.
- Contact Information; Use of Your Account. You must always provide accurate, current and complete information to Motah for the Service. You must update such information in a timely manner to maintain its accuracy and completeness. Any use of the Service through your Account will be deemed as being used by you. Motah is entitled to rely on the contact and other information that is supplied to us through your Account. Your Account is non-transferable and non-assignable.
- Submissions Moderated. Display of Content on the Site is moderated and Motah requires that all Submissions be approved by Motah before being displayed on the Site. Motah is not obligated to place any Submission on the Site.
- OWNERSHIP OF RIGHTS IN SUBMISSIONS; RELEASE OF LIABILITY.
- Grant of License. By making a Submission, you agree that Motah and persons acting on Motah’s behalf may use such Submission (except as described below) on the Site and other Motah websites, in Motah videos, films, books and in any other media that Motah uses for any lawful purpose, including commercial purposes. In particular, you irrevocably agree that Motah and persons acting on Motah’s behalf:
- may regard anything that you submit or upload to Motah via the Site or otherwise as part of the Submissions;
- may create derivative works from your Submissions. For example, Motah may adapt a story you submit in another version, or combine part of your Submissions with Submissions from someone else;
- may copy your Submissions and may display, perform, distribute, publish, broadcast and otherwise use copies of your Submissions and derivative works that include are or based on your Submissions, anywhere in the world, by any means and in any medium or venue, whether now known or unknown, and at any time, as Motah may choose, all without your prior review, approval or consent;
- have no obligation to copy, display, perform, distribute, publish, create derivative works from or otherwise use your Submissions.
- have no obligation to edit, touch-up, correct or make other modifications to any of your Submissions.
- have no obligation to compensate you in any way for use of your Submissions as provided in these Terms, or for any right or license you grant or other agreement you make in these Terms. For example, Motah will not owe you any royalties for using your Submissions.
- Exception. By making a Submission, you agree that Motah may use your first name, your age, the state of your residence, and your picture on the Site, other Motah websites, in Motah videos, films, books and in any other media that Motah publishes, broadcasts or otherwise distributes. Motah will not use your last name, address, telephone number, or other such information together with your first name, age, state of residence or picture in such videos, films, books or other media in a way that makes it reasonably possible for third parties to identify you specifically.
- Release of Liability. You release and discharge Motah, all persons acting under its authority, its agents, legal representatives, successors and assigns (the “Motah Parties”), from all claims, causes of action and liability of any kind, in law or in equity, and whether now existing or arising hereafter, based on or arising out of Motah’s use of your Submissions as permitted by this Agreement, including, without limitation, any claims of libel, slander, invasion of privacy, right of publicity, defamation, trademark infringement, and copyright infringement.
- PROHIBITED CONTENT. You must not make a Submission that, as determined by Motah in its sole discretion is:
- untrue, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive to another person's privacy or protected data, hateful, or racially or otherwise objectionable;
- infringing upon a third party's intellectual property rights, including any patent, trademark, trade secret, copyright, or right of publicity, or content that is the subject of any claim of infringement;
- of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as proprietary and confidential information;
unsolicited, undisclosed or unauthorized advertising;
- 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;
data or information obtained through access that was not authorized by the owner, or that you are not authorized to submit; or
- in violation of any applicable local, state, national or international law (including export laws).
- PROHIBITED CONDUCT; LIQUIDATED DAMAGES FOR SPAM.
- Prohibited Conduct. You must not do, or attempt to do, any of the following, as determined by Motah in its sole discretion, subject to applicable law:
- access or use the Service in any way that is not in compliance with any applicable local, state, national or international law (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;
- access, tamper with, or use services or areas of the Service that you are not authorized to access;
- alter information on or obtained from the Service;
- tamper with postings, registration information, profiles, submissions or Content belonging to Motah or other users of Motah;
- use any robot, spider, scraper or other automated means or interface not provided by us to access the Service or extract data or gather or use information, such as email addresses, available from the Service or transmit any unsolicited advertising, "junk mail," "spam," or "chain letters";
- frame any part of the Service, or link to the Service, or otherwise make it look like you have a relationship to us or that we have endorsed you or a Submission for any purpose except as expressly permitted in writing by Motah;
- impersonate or misrepresent your affiliation with any person or entity;
- reverse engineer any licensed software, application, tools or any other aspect of the Service or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Service;
- impacting us or the Service (or anything or anyone else) by sending harmful, illegal, deceptive or disruptive code such as a virus, "spyware," "adware" or other code that could adversely impact the Service or any recipient; or
- take any action which might impose a significant burden (as determined by us) on the Service's infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Service.
- Liquidated Damages. IF YOU SEND UNSOLICITED COMMERCIAL EMAIL OR ADVERTISING, BULK EMAIL, SPAM, OR CHAIN LETTERS (collectively, “Unsolicited Email or Other Communication”) THROUGH THE SERVICE, YOU ACKNOWLEDGE THAT YOU WILL HAVE CAUSED SUBSTANTIAL HARM TO MOTAH, BUT THAT THE AMOUNT OF THE HARM WOULD BE EXTREMELY DIFFICULT TO ASCERTAIN. AS A REASONABLE ESTIMATION OF SUCH HARM, YOU WILL PAY MOTAH $100 FOR EACH SUCH UNSOLICITED EMAIL OR OTHER COMMUNICATION.
MONITORING OF SERVICE CONTENT; RESOLUTION OF USER DISPUTES
- MONITORING OF SERVICE CONTENT; RESOLUTION OF USER DISPUTESMONITORING OF SERVICE CONTENT; RESOLUTION OF USER DISPUTES.
- Monitoring. We reserve the right to modify or remove any Content and/or Submission at any time. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including other users, are those of the respective author(s) and not of Motah. Motah neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made in any Submission that is posted on the Site.
- Right to Resolve Disputes. Motah has the right, but not the obligation to attempt to resolve disputes between users relating to the Service and Motah's resolution of a particular dispute does not create an obligation to resolve any other dispute. Motah's resolution of any dispute is final with respect to the Service.
- PROTECTION OF CONTENT.
- License by Motah to You. You must respect the intellectual property laws protecting our Service. Motah grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license, under the rights Motah has in the Content, to privately display and perform the Content on your computer for your own personal, noncommercial purposes.
- Reservation of Rights. On its own behalf and the behalf of its licensors, Motah reserves all rights in the Content, including any software, not expressly granted in this Section 10. Motah does not in any way grant any other rights to you. Except as expressly stated in this Section 10, you may not reproduce, distribute, modify, publicly perform or display, or prepare derivative works of any Content, including any software, without prior written consent from Motah or other third-party owner of the rights in that Content (if any).
- PRIVACY POLICY. Please see our Privacy Policy, located here. Our Privacy Policy is part of and incorporated into these Terms. We reserve the right to contact you about these Terms or any Content or activities relating to the Service.
- TERMINATION OR CANCELLATION.
- Right to Terminate. We may, at any time, without notice to you, terminate your access to the Service, and your Account, or block your access to the Service if:
- we believe in our sole discretion that you may have violated these Terms or have otherwise engaged in any activities that may harm or damage the reputation, rights, person, or property of Motah, our users, or any other person;
- requested by law enforcement or other government agencies; or
- your Account has extended periods of inactivity.
- Notice of Termination. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records.
- Effect of Termination. Upon termination of your Account or the Service, your agreement with Motah pursuant to these Terms will also terminate, except that the following provisions survive the termination: Section 4 “Content Protected by Intellectual Property Rights; No Warranty,” Section 5 “Your Submissions of Content; Account Required,” Section 6 “Ownership of Rights in Submissions; Release of Liability,” Section 10 "Protection of Content," Section 14 "Indemnification," Section 15 "Disclaimer of Warranties," Section 16 "Exclusion of Damages; Limitation of Liability," and Section 20 "Additional Terms" and the Privacy Policy. If your Account or access to the Service is terminated, you may no longer have access to the Content you posted on the Service.
- DEALINGS WITH MERCHANTS; LINKS.
- Advertisements and Links. The Service contains advertisements, offers, or other links to websites of third parties that we do not control. Advertisements and other information provided by third parties may not be wholly accurate. Motah does not endorse or recommend any of the products or services advertised on the Service. Motah is not responsible or liable for (i) the availability or accuracy of such sites or advertisements; or (ii) the content, products or services available from such sites. The inclusion of any link on the Service does not imply that we endorse the linked site. You use the links at your own risk. The Privacy Policy is applicable only when you are on our Site. Once you link to another website, its privacy statement applies to any personal information you supply.
- Transactions with Third Parties. Your transactions and other dealings with third party merchants or advertisers that are found on or through the Service, including "click to purchase," "co-registration," and other similar programs, including payment and delivery of related goods or services, are solely between you and such merchant or advertiser.
- INDEMNIFICATION. You agree to hold Motah and its subsidiaries, affiliates (for example, those listed at www.Motah.us), officers, directors, employees, agents, attorneys, independent contractors, licensors, experts, content providers, advisors, vendors, and suppliers, and each of their respective successors and assigns (collectively, the "Indemnified Persons"), harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including reasonable attorneys' fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of the tools, software, and other aspects of the Service and the Content; (ii) your violation of these Terms, and any applicable law or the rights of another person or party; (iii) any dispute you have with any user of the Service and any dispute you have related to any merchant or advertising found on or through the Service; (iv) Motah's resolution (if any) of any dispute you have with any user of the Service; (v) your improper authorization for Motah to collect, use or disclose any Content provided by you; and (vi) any disclosures made with your permission.
- DISCLAIMER AND WARRANTIES.
- NO ENDORSEMENT. MOTAH DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SERVICE. RELIANCE ON ANY INFORMATION PROVIDED BY MOTAH, MOTAH EMPLOYEES, OTHERS APPEARING ON THE SITE AT THE INVITATION OF MOTAH, OR OTHER VISITORS TO THE SERVICE IS SOLELY AT YOUR OWN RISK.
- NO WARRANTIES. YOU ACCEPT THE SERVICE "AS-IS." WE, AND OUR CONTENT PROVIDERS, CANNOT AND DO NOT GUARANTEE OR WARRANT AGAINST ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA. USERS OF THE SERVICE ARE RESPONSIBLE FOR MAINTAINING A MEANS EXTERNAL TO MOTAH FOR THE RECONSTRUCTION OF ANY LOST DATA. MOTAH PROVIDES THE SERVICE "AS IS" AND "AS AVAILABLE." THAT MEANS THAT THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THIS SERVICE IS INTENDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATION. ANY ACCESS TO THIS SITE IS VOLUNTARY. WE WILL REGARD ALL ACCESS AS VOLUNTARY AND AT THE SOLE RISK OF THE USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOTAH MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, TOOLS, SOFTWARE, OR CONTENT INCLUDED IN THE SERVICE. MOTAH MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOTAH EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE URGE YOU TO KEEP BACKUP COPIES OF YOUR PERSONAL CONTENT, IF ANY, THAT YOU MAINTAIN ON OR USE WITH THE SERVICE. IF YOUR USE OF THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES.
- EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF THE INDEMNIFIED PERSONS ARE LIABLE TO YOU OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, STATUTORY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF THE INDEMNIFIED PERSONS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.
- COPYRIGHT INFRINGEMENT/DMCA.
- Motah respects the intellectual property rights of others and requests that users of the Service do the same. If you believe that your work is being used on the Service in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
- the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
- identification of the copyrighted work that you claim has been infringed;
- identification of the material that is claimed to be infringing and information reasonably sufficient to permit Motah to locate the material (for example, by providing a URL to the material);
- your name, 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; and
- a statement that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf.
- Our designated agent to receive notification of claimed infringement can be reached at:
Attn: Emily Frost
McGinnis, Lochridge & Kilgore, LLP
600 Congress Ave., Suite 2100
Austin, Texas 78701
copyright@motah.us
- It is our policy to terminate in appropriate circumstances any Account or user for repeated infringement of intellectual property rights, including copyrights, and we also reserve the right to terminate an Account or user for even one instance of infringement.
- Motah may access, preserve and disclose to third parties any of your information or data (including personally identifiable information and private communications) related to a written complaint of copyright infringement if we believe in our sole discretion that such access, preservation, or disclosure is necessary or useful to respond or otherwise address such complaint.
- CUSTOMER SUPPORT. We have no obligation to provide customer support. However, we may provide you with customer support from time to time, at our sole discretion, if you have created an Account and you submit your customer support questions using your Account.
- NOTICES AND CONTACT INFORMATION. Except as otherwise provided in these Terms, Motah will give you any notices by posting them on the Site. Since notice of any material change to the Terms will be posted to the Site for at least 30 days, we encourage you to visit the Site at least that often. You also authorize Motah to send notices (including notice of subpoenas or other legal process, if any) via electronic mail to either your Motah email account or to the non-Motah email address that we have on record for you. You must check the Site for notices, and you will be considered to have received a notice when it is made available to you by posting on the Site or when sent by Motah via electronic mail, whether or not received by you. Motah may provide notice to any email or other address that you provide to us. You must keep your address current and any notice sent by Motah to the address that you have most recently provided is effective notice. With the exception of notices related to copyright infringement as described in Section 17 above, respectively, you must send us any notice by mailing it to our address for Legal Notices which is:
Motah, LLC
11703 Huebner Rd
Suite 106-210
San Antonio, Texas 78230
Attn: Legal Department.
- ADDITIONAL TERMS.
- Agreement to Conduct Transactions Electronically. All of your transactions with or through the Service may, at our option, be conducted electronically from start to finish. If we decide to proceed non-electronically, those services will still be governed by the remainder of these Terms unless you enter into different terms on a form provided by us. If the law allows you to withdraw this consent or if we are ever required to deal with you non-electronically, we reserve the right to charge or increase fees and you agree to print or make an electronic copy of the Terms and any other contract or disclosure that we are required to provide to you.
- No Agency; No Third Party Beneficiary. These Terms do not create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship. Except for the Indemnified Persons, there are no third party beneficiaries of these Terms.
- Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full effect, provided that the allocation of risks described in these Terms is given effect to the fullest extent possible.
- Assignment. These Terms are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of Motah. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of Motah will be null and void. Motah has the right to transfer, assign and delegate these Terms to one or more third parties without your permission.
- Jurisdiction; Choice of Law; Export Limitations. This Service is controlled by us from our offices in the United States of America and is directed to U.S. users. If you access the Service from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Service in violation of U.S. export laws and regulations or the Terms. These Terms and all performances and claims of every nature between us are governed by the laws of the State of Texas, U.S.A., without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. You and Motah submit to the exclusive personal jurisdiction and venue of the state and federal courts located within Bexar County, Texas.
- Limitations on Actions. Any action concerning any dispute with respect to the Service must be commenced within two years after the cause of the dispute arises, or the cause of action is barred.
- Interpretation. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect. As used in these Terms, the words "include" and "including" are meant to be illustrative and not exhaustive.
- Entire Agreement. These Terms (including terms incorporated into them, e.g., the Privacy Policy) and any policies and guidelines posted to the Service by Motah comprise the entire agreement (the "Entire Agreement") between you and Motah with respect to the use of the Service and supersede all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement.
- No Waiver. The failure of any party to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party's right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.
- FURTHER INFORMATION. If you have a complaint, you may contact us at Motah, LLC,11703 Huebner Rd, Suite 106-210, San Antonio, Texas 78230. If you are a Texas resident, you can find information about filing a consumer complaint at http://www.oag.state.tx.us/consumer/complain.shtml.
Motah, LLC
11703 Huebner Rd
Suite 106-210
San Antonio, Texas 78230
Attn: Legal Department.
- LEGAL NOTICES.
- Notice of Availability of Filtering Software. All users are hereby informed by the provider of this interactive computer service that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html. (Children's Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).
- Notice: No Harvesting or Dictionary Attacks Allowed. YOU MAY VIOLATE FEDERAL LAW IF YOU: (i) INITIATE THE TRANSMISSION TO MOTAH COMPUTERS OR DEVICES OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. "CAN-SPAM ACT OF 2003") THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR (ii) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OR SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.
- Notice Regarding Trademarks. The trademark MOTAH and all other related trademarks used in the Service are owned or used under license by Motah, LLC. The names of third parties and their products mentioned may be their trademarks. You may not use any of the above or other trademarks displayed on the Service or in any Service content except as expressly directed or permitted by Motah in writing. All rights are reserved.
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