OF USE AGREEMENT
Welcome to MotusGames.com (a Motus Corporation company)
between you ("User") and Motus Corporation ("Motus").
By accessing and using the Motus. web site or any other web
sites owned by Motus, User acknowledges that he or she has read,
understood and agrees to comply with the terms and conditions stated
within this Agreement.
Motus reserves the right to change these terms and conditions
periodically at its sole discretion. User’s continued use
of this web site constitutes acceptance of the terms and conditions
stated at the time of use.
Motus Games RETURN POLICY
This policy applies to purchases made through a qualified Motus Games Sales Representative. To return an item, please contact Motus Games at 1-877-846-2688.
30 DAY RETURN PERIOD
We accept returns or exchanges 30 days from the original purchase. Please review the exceptions below. We accept returns or exchanges 30 days from the original purchase on Motus Games Hardware and Motus Games Hardware/Software Packages.
Non-returnable items include labor and/or installation services; items that are damaged or abused; third party items purchased through Motus Games; opened software can be exchanged for the identical item but cannot be returned for a refund.
A restocking fee of 15% will be charged on all returned merchandise.
Any product that was purchased when a rebate or promotion was available on the purchase is subject to having the amount of the rebate deducted from the refund amount. Unless noted otherwise, all rebates and promotions are limited to one per product, per household or address.
Refund will be in the same form as original purchase. Refunds will be processed after Motus Games determines the validity of the return.
NOTE regarding personal information on returned or exchanged products
Motus Games is not responsible for any personal information left on or in a returned or exchanged product.
Motus Games RESERVES THE RIGHT TO DENY ANY RETURN
Motus collects information about the Users of its web sites.
Collection of this information is governed by the Motus Online
Users agree that all the information posted or accessed will be
used only for informational or educational purposes. There may be
no commercial or other unauthorized use of any interactive features
available on this web site. Users may not engage in any conduct
or action that is prohibited by law or violates any federal, state
or local laws.
CORPORATE IDENTIFICATION AND TRADEMARKS
All registered and/or unregistered trademarks and/or service marks
(collectively, "Marks") used or referred to on this web
site are the property of Motus, unless otherwise noted. Users
may not use, copy, reproduce, republish, upload, post, transmit,
distribute or modify these Marks in any way without Motus’s
prior written permission. The use of Motus’s Marks on
any other web site is prohibited.
PROPRIETARY RIGHTS TO CONTENT
All materials contained on this web site are copyrighted by Motus
except where explicitly noted otherwise. User acknowledges and agrees
that content, including but not limited to text, software, music,
sound, photographs, video, design, graphics, movies, film clips
or other material contained in this web site ("Content")
is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. User understands and agrees that
User may not copy, reproduce, republish, distribute, modify or create
derivative works from this Content or otherwise use, transmit, upload,
rebroadcast or publish in any form this Content other than as expressly
authorized by this Agreement without Motus’s prior, written
LINKS TO THIRD PARTY SITES
The Motus web site may contain links to third party web sites,
which are not under the control of Motus. Motus makes no
representations whatsoever about any other web site to which you
may have access through the Motus web site. When you access
a third party web site, you do so at your own risk and acknowledge
that Motus is not responsible or liable for any content, advertising,
products or other materials available from such third party sites.
User also agrees that Motus shall not be liable for any loss
or damage of any sort incurred as the result of using any third
party’s web site. Mention of third party companies and web
sites on the Motus web site is for informational purposes only
and does not constitute an endorsement or recommendation.
Any software that is made available to download ("Software")
from this web site is the proprietary and copyrighted work of Motus
and/or its third party suppliers. Use of the Software is governed
by the End User License Agreement, which accompanies or is included
with the Software ("License Agreement"). An end user's
license to use any Software is conditioned upon Motus's acceptance
of the end user's purchase order and the end user's review and agreement
to, and compliance with, the License Agreement terms. Motus
reserves the right to reject any purchase order or license for any
reason in Motus's sole discretion. Motus and/or its respective
third party suppliers may make improvements and/or changes in the
Software at any time without notice. Motus may cease offering
the Software for download or discontinue this web site at any time
without notice. Motus assumes no obligation with respect to
supporting the web site or Software, except as expressly set forth
in the License Agreement.
THE WEB SITE IS OFFERED FOR USE "AS IS" WITHOUT WARRANTIES
OF ANY KIND. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY AS SET FORTH
IN THE EXPRESS TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED
IN THE LICENSE AGREEMENT, Motus HEREBY DISCLAIMS ALL WARRANTIES
WITH REGARD TO THE SOFTWARE AND WEB SITE, WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
USER EXPRESSLY UNDERSTANDS AND AGREES THAT Motus SHALL NOT BE
LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL,
CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE) RESULTING
FROM ANY USE OF, OR INABILITY TO USE, THIS WEB SITE, OR RESULTING
FROM ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEB SITE, REGARDLESS
OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF Motus
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU.
DISCLAIMER OF WARRANTIES
While every effort is made to ensure accuracy, Motus makes no
warranty that this web site will meet your requirements or that
it will be uninterrupted, timely, secure or error free; nor does
Motus make any warranty as to the results that may be obtained
from the use of this web site or as to the accuracy or reliability
of any information obtained through this web site. USER UNDERSTANDS
AND AGREES THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THIS WEB SITE IS DONE AT USER’S OWN RISK AND THAT
USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO USER’S
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
UNLESS EXPRESSLY STATED OTHERWISE, Motus PROVIDES THIS SITE
CONTENT "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS
INCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT
OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL Motus OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE
USE OR INABILITY TO USE THE SITE CONTENT, EVEN IF Motus HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION
OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO
User agrees, at User’s expense, to indemnify, defend and hold
harmless Motus, its officers, directors, employees, agents,
affiliates, distributors and licensees from and against any judgment,
losses, deficiencies, damages, liabilities, costs and expenses (including
reasonable attorneys’ fees and expenses) incurred in connection
with any claim, demand, suit, action or proceeding arising out of
User’s breach of this Agreement or in connection with User’s
use of this web site or any product or service related thereto.
This Agreement and the relationship between User and Motus shall
be governed by and construed in accordance with the laws of the
State of Massachusetts. Any controversy or claim arising out of
or relating to this Agreement or relating to use of this web site
and the material contained in this web site shall be resolved in
a Massachusetts court. User agrees that, regardless of any statute
or law to the contrary, any claim or cause of action arising out
of or related to this Agreement must be filed within one (1) year
after such claim or cause of action arises or will be forever barred.
The waiver by either party of a breach or right under this Agreement
will not constitute a waiver of any subsequent breach or right.
If any provision of this Agreement is found to be invalid or unenforceable
by a court of competent jurisdiction, such provision shall be severed
from the remainder of this Agreement, which will otherwise remain
in full force and effect.
RESERVATION OF RIGHTS
Any rights not expressly granted herein are reserved.