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Terms of Use

Thank you for visiting www.moreover.com (the “Website”) which is owned and operated by Moreover Technologies, Inc. (“MOREOVER”). Your use of the Website is governed at all times by these terms of use, the MOREOVER Privacy Policy [http://www.moreover.com/privacy-policy] and all applicable laws and regulations (collectively, the “Rules”). If at any time you do not agree to any Rules, immediately cease all use of this Site. BY ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE RULES.

Intellectual Property Ownership—Unless otherwise noted, all text, content, forms and documents on the Website, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Website, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Website (the “Content”) are owned by MOREOVER and its affiliates or used with permission or under license from a third party (hereinafter collectively referred to as the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between MOREOVER and you, all right, title and interest in and to the Content will at all times remain with MOREOVER and/or its Owners. The word “MOREOVER ,” the “MOREOVER” logo, and other marks, logos and titles are registered and/or common law trade names, trademarks or service marks of MOREOVER .

Limited Use; Restrictions on Use—The use or misuse of any Content, except as provided in this Terms of Use, is strictly prohibited. MOREOVER grants to you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use the Content, without right to sublicense, under the following conditions: (a) you shall not, without our express written consent, distribute text or graphics to others, (b) you shall not, without our express written consent, copy and retransmit, disseminate, broadcast, circulate, or otherwise distribute the Content on any other server, or modify or re-use all or part of the Content on this system or any other system, (c) you shall not use any trade name, trademark, or brand name of MOREOVER in metatags, keywords and/or hidden text, (d) you shall not, without MOREOVER’s express written consent, copy, distribute, modify, transmit, perform, reuse, re-post, or otherwise display the Content, in whole or in part, for public or commercial purposes and shall not modify, translate, alter or create any derivative works thereof, (e) you shall not create derivative works from the Content or commercially exploit the Content, in whole or in part, in any way, (f) you shall not use the Website, the Content, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to MOREOVER, the Owner, or any third party referenced therein, and (g) you shall use the Content, and/or any services and products on the Website or accessible via the Website for lawful purposes only. We reserve all other rights. You do not acquire ownership rights to any Content viewed or accessed, and MOREOVER’s posting of the Content on the Website does not constitute a waiver of any right in such Content. You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Content. Except as expressly provided herein, nothing on the Website shall be construed as conferring any license under MOREOVER’s and/or its Owner’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, MOREOVER may revoke any of the foregoing rights and/or your access to the Website, or any part thereof, including the blocking of your IP Address, at any time, in its sole discretion, without prior notice.

Online Privacy PolicyMOREOVER takes your privacy seriously. Our Privacy Policy [http://www.moreover.com/privacy-policy] is incorporated herein by reference and describes the collection, use, and sharing of certain personally identifiable information that may be provided in connection with the use of the Website. Please read and understand our Privacy Policy before accessing our using the Website.

Digital Millennium Copyright Act—MOREOVER is committed to respecting and protecting the legal rights of copyright owners. As such, MOREOVER adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (a) be provided to MOREOVER’s designated agent, (“Copyright Agent”), as set forth below, and (b) include the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
  • Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

MOREOVER’s Copyright Agent to receive DMCA Takedown Notices can be reached at legal [at] MOREOVER [dot] com. For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Website. You acknowledge that in order for MOREOVER to be authorized to takedown any Content, your DMCA Takedown Notice must comply with all of the requirements of this Section.

Outside Links—From time to time, this Website may provide certain links to third parties. MOREOVER provides the links to you only as a convenience and does not endorse any third party. MOREOVER is not responsible for the contents or transmission of any website of any such third party or for your relationship with such third party. Your linking to any third party or any website of any third party is entirely at your own risk. MOREOVER encourages you to carefully read the information and policies provided by each third party.

Disclaimers

a. Without limiting the foregoing, the Content and all other features on the Website are provided to you “AS IS” and “AS AVAILABLE” without warranty of any kind with respect to the Website and/or Content, either express or implied, including but not limited to, fitness for a particular purpose, ACCURACY, CURRENCY, COMPLETENESS, title, or non-infringement.

b. MOREOVER EXPRESSLY disclaims any liability for your use of the materials provided via the website. You use all materials provided via the website at your sole risk. This Website does not constitute, and is not intended to be a substitute for, professional medical advice, diagnosis, or treatment. You should never rely upon any content provided by this Website as a substitute for the advice from your health provider or physician regarding any questions you may have relating to an actual medical condition. You must never delay seeking treatment or ignore or disregard professional medical advice it because of anything contained in this website. MOREOVER EXPRESSLY prohibits you from, and warns you against, relying on this Website as medical advice. If you choose to ignore this warning, you do so at your own risk and are solely responsible and liable for, and release MOREOVER FROM, any consequences of such reliance.

c. Should applicable law not permit the foregoing exclusion of express or implied warranties, then MOREOVER HEREBY grants the minimum express or implied warranty required by such applicable law. No advice or information, whether oral or written, obtained by you from MOREOVER , its employees, agents, suppliers or any other persons shall create any warranty, representation or guarantee not expressly stated in this section. Additionally, MOREOVER does not make any warranties that the Website will be uninterrupted, secure or error free or that your use of the Website will meet your expectations, or that the Website, Content, or any portion thereof, is correct, accurate, or reliable. MOREOVER RESERVES the right to change any part of the Website at any time without notice. FURTHER, MOREOVER DOES NOT ENDORSE, APPROVE OR PROMOTE ANY PRODUCT OR SERVICE DISPLAYED ON THE WEBSITE, WHETHER BY YOU, A THIRD PARTY ADVERTISER OR ANY USER OF the WEBSITE.

Limitation of Liability—your use of the Website is at your own risk. Neither MOREOVER , its affiliates, nor any of their respective officers, directors, agents or other representatives will be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, damageS OR claims of third parties arising out of your access to or use of the Website or arising out of any action taken in response to or as a result of your use of any Content or other information available on the Website, however caused, whether based on breach of contract, tort (including negligence), proprietary rights infringement, product liability or otherwise. The foregoing shall apply even if MOREOVER WAS advised of the possibility of such damages. If you become dissatisfied in any way with the Website or its Terms of Use or Privacy Policy, your sole and exclusive remedy is to stop your use of the Website and its services. You hereby waive any and all claims against MOREOVER AND its affiliates, agents, representatives and licensors arising out of your use of the Website. Because some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, these provisions may not apply to you. If any portion of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of MOREOVER AND its affiliates shall not exceed one hundred dollars ($100). The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The Website would not be provided without such limitations and you agree that the limitations and exclusions of liability, disclaimers and exclusive remedies specified herein will survive even if found to have failed in their essential purpose.

No Framing; Links; Third Party Sites—Framing, in-line linking or other methods of association with the Website are expressly prohibited without prior written approval from MOREOVER. Approval by MOREOVER shall be subject to all restrictions that may be imposed by MOREOVER.

Ability to Accept Terms of Use—You affirm that you are more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use, and to abide by and comply with the Terms of Use.

Assignment—The Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MOREOVER without restriction.

Indemnification—You hereby agree to indemnify, defend and hold harmless MOREOVER, and MOREOVER’s suppliers (including Content suppliers), shareholders, parents, subsidiaries, affiliates, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys’ fees and costs (whether brought by third parties or otherwise) relating to or arising out of: (a) your use of this Website; (b) your breach of any representations, warranties or covenants in these Terms of Use; or (c) your acts and omissions. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of MOREOVER.

Notice—From time to time, we may revise these Terms of Use. To help you stay current of any changes, MOREOVER takes will note the date the Terms of Use was last updated below. Your use of the MOREOVER Services following the posting of any revised Terms of Use shall be deemed acceptance of the revised policy. We strongly recommend checking Terms of Use periodically. We may also, at our sole discretion and with no obligation to do so, provide notices and other communications to you by email or by postings within your Member Account. You will be solely responsible for keeping your email addresses updated and we will not be responsible for any undelivered notices caused by your failure to do so.

Choice of LawThese Terms of Use shall be governed by and construed in accordance with the laws of the State of Virginia, other than such laws, rules, regulations and case law that would result in the application of the laws of a jurisdiction other than the State of Virginia. If any part of this Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, 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 this Terms of Use shall continue in force and effect.

Miscellaneous—MOREOVER’s failure to enforce any provision of the Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of the Terms of Use 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 Terms of Use shall continue in effect. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Copyright 2012, MOREOVER Technologies, Inc. ALL RIGHTS RESERVED.

Last updated February 15, 2012