TERMS AND CONDITIONS OF INMOTION ADVISORY
1. Proprietary Rights
All works of authorship, information, content, and material appearing on or contained in this Site or provided by InMotion Advisory (“InMotion Advisory Materials”) are the property of InMotion Advisory. Information provided by InMotion Advisory may be used solely for internal business purposes. Any reproduction, distribution or commercial use of any or all InMotion Advisory Materials, in whole or in part, without the prior written consent of InMotion Advisory is prohibited. All names, trademarks, service marks, symbols, slogans, and logos appearing on InMotion Advisory Materials are proprietary to InMotion Advisory. Use or misuse of these is expressly prohibited and may violate federal and state law.
2. Information Accuracy
You certify that the information supplied, entered onto forms and or entered on this website is, to the best of your knowledge and belief, true, correct, and complete. Further, you certify that you are qualified and authorized to file this application.
3. Corrections and Changes
These Terms and Conditions may be changed at any time, with or without notice; you agree that we can make changes in our sole and independent discretion and by Accepting these Terms and Conditions it signifies your understanding of and intention and agreement to be bound by such change. It is your responsibility to monitor these Terms and Conditions for changes on our website at www.inmotionadvisory.com
4. Nature of Relationship
You agree that InMotion Advisory and you are independent contractors and no partnership, joint venture, agency, employer/employee, franchisor/franchisee, or any other relationship exists or is intended to be created by our Applications or your use of our website and or InMotion Advisory’s services except with respect to the specific services you authorize us to undertake on your behalf.
5. Disclaimer of Warranty and Liability
THIS SITE, THE INMOTION ADVISORY MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE, AND OUR SERVICES, INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THEREWITH ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.”
INMOTION ADVISORY MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THIS SITE, THE INMOTION ADVISORY MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE, AND THE SERVICES, INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THEREWITH, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT WITH REGARD TO ANY AND ALL INMOTION ADVISORY MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE IS WITH YOU.
INMOTION ADVISORY SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATEVER, INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THIS SITE, THE INMOTION ADVISORY MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE, OR THE SERVICES, INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THEREWITH, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT ANY PARTY HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF INMOTION ADVISORY TO YOU OR ANY OTHER PERSON OR PERSONS IN CONNECTION WITH, BASED UPON, OR ARISING FROM THIS SITE, THE INMOTION ADVISORY MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE, OR THE SERVICES, INFORMATION, OR PRODUCTS OFFERED IN CONNECTION THEREWITH EXCEED THE LESSOR OF A) THE AMOUNT OF FEES YOU PAY TO US IN ANY ONE MONTH, OR B) $100.
You agree to defend, indemnify, and hold harmless InMotion Advisory, its affiliates, its contractors, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including without limitation attorneys’ fees and litigation expenses) relating to or arising from our services, this Site, your use of this Site, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms and Conditions.
7. Use of the Internet
Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. Without limiting anything else in these Terms and Conditions or otherwise, neither InMotion Advisory nor its contractors will be liable for any loss resulting from failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
8. Use of Information
You hereby grant to InMotion Advisory the right to use in connection with the provision, maintenance, operation, and administration of our services, whether in conjunction with information provided by InMotion Advisory or third parties or otherwise, and in whatever form or format InMotion Advisory chooses, the information you provide to InMotion Advisory, whether directly online or otherwise. You warrant that the information you provide is true and correct.
9. Governing Law and Jurisdiction
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS AND CONDITIONS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW.
By accessing, viewing, or using the works, content, or materials on this Site, you consent to the exclusive jurisdiction of the federal and state courts presiding in Sacramento County, California, and agree to accept service of process by personal delivery or mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This Site is controlled and operated by InMotion Advisory from its offices within the United States. Without limiting anything else, InMotion Advisory makes no representation that the works, content, materials, services, information, or products available on, in, or through the Site are appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access this Site from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of InMotion Advisory to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms and Conditions. Headings used in these Terms and Conditions are for reference only and shall not affect the interpretation of these Terms and Conditions.
InMotion Advisory reserves the right to terminate its services to you in the event that you violate these Terms and Conditions or for any reason whatever or no reason, with or without notice, in addition to any and all other remedies available at law or in equity.