Effective Date: APRIL 24, 2023
Your use of this website, MyMotive.com, ("Site") which is owned and operated by Motive Health, Inc. ("Motive Health", "we", "us" or "our"), is subject to these Terms and Conditions ("Terms"). By using or accessing the Site, you confirm that you agree to these Terms. If you do not agree, please do not use the Site. As our business grows and we add new functionality to the Site, we may revise these Terms periodically. If we do, we will post the changes on the Site. Your continued use of the Site after any changes are posted constitutes your acceptance of the new Terms.
Please also familiarize yourself with our Privacy Policy, which governs the way we collect, use, disclose and protect the information you provide to us by using the Site, which can be found by clicking . Motive Health is not responsible for the contents of any "off-Site" Internet information referenced by or linked to the Site. By using or accessing the Site, you confirm that you agree to these Terms and the Privacy Policy. If you do not agree, please do not use the Site.
Always Seek Medical Professionals Before Treatment
It is recommended that you seek the advice of your physician, surgeon, or other appropriate healthcare professional with any questions you may have regarding the cure, treatment, mitigation, or prevention of any disease or other medical condition. This Site does not provide medical advice, and in the event you have questions about your health, please consult your physician.
Limited License
Motive Health grants you a limited license to download and print, free of charge, for non-commercial or personal purposes only, any of the content that may appear on the Site, ("Content") including the User Manual accompanying the Motive system: provided, however, that (a) the Content as it appears on the Site shall be used with no changes to the original Content, including, but not limited to, the presentment of selections of Content; and (b) you include or retain the following attribution on any materials you may distribute: Motive Health, Inc. All rights reserved. For example, you may print one or more copies of the User Manual to share them with your family member.
No Unlawful or Prohibited Use
As a condition of your use of the Site, you represent and warrant to Motive Health that you will not use the Site for any purpose that is unlawful, misleading, malicious, discriminatory, or prohibited by these terms, conditions, or notices. You will not collect users’ information, or otherwise access the Site, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
Inventory Availability
We do our best to ensure that the product that you are ordering is available at the time of purchase. In some instances, products will become unavailable during the ordering process, and we will not be able to process and/or fulfill your order. We make no guarantees on the availability of products as depicted on our Site.
Prices
The price of a product is the price in effect at the time we receive your order. We may change prices from time to time. Occasionally the Site may have an incorrect price for an item. If that happens, we will notify you before the item has shipped.
Your payment will be processed at the time the order has been fulfilled. We reserve the right, in our sole and absolute discretion, to change the permitted methods of payment, including without limitation, the credit cards and/or other types of payment options we can accept, at any time. If complete payment for your order is not received and verified by us, your order will not be processed.
Default prices are in U.S. dollars. Prices listed on the Site do not include sales tax or shipping charges. When your order is fulfilled, any sales tax and or shipping charges will be billed and included in the payment amount.
Security
We employ rigorous technical and organizational safeguards against unauthorized disclosure or access to your private data or information. For more on what types of information we do and do not collect, please see our Privacy Policy. HOWEVER, YOU ACKNOWLEDGE THAT SECURITY SAFEGUARDS, BY THEIR NATURE, ARE CAPABLE OF CIRCUMVENTION AND MOTIVE HEALTH DOES NOT AND CANNOT GUARANTEE THAT INFORMATION ABOUT YOU WILL NOT BE ACCESSED BY UNAUTHORIZED PERSONS CAPABLE OF OVERCOMING SUCH SAFEGUARDS (SUCH AS HACKERS) WHO MAY USE VIRUSES, WORMS, TROJAN HORSES, AND OTHER UNDESIRABLE DATA AND SOFTWARE TO OBTAIN ACCESS TO OR DAMAGE OUR SITE.
Motive Health’s Rights
You acknowledge and agree that Motive Health owns all legal rights, title, and interest in and to the Site, including any intellectual property rights which subsist in the Site (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Motive, Motive logos, product, and service names are trademarks of Motive Health and these marks together with any other Motive Health trade names, service marks, logos, domain names, and other distinctive brand features are the "Motive Brand Features." Except as described herein, or unless you have agreed otherwise in writing with Motive Health, nothing in these Terms gives you a right to use any Motive Brand Features without our explicit authorization. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Site. You agree that you shall not permit anyone else under your reasonable authority to, copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code or other basis of Motive Health’s technology.
Disclaimer of Warranties
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MOTIVE HEALTH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MOTIVE HEALTH MAKES NO WARRANTY THAT (I) THE SITE WILL BE EFFECTIVE, WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR ERRORS, WILL BE RELIABLE OR ACCURATE, OR WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR ACCESSIBLE AT TIMES OR LOCATIONS OF YOUR CHOOSING, (III) THE RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE, RELIABLE TIMELY, OR COMPLETE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, ADVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS WILL BE CORRECTED. EXCEPT AS EXPRESSLY SET FORTH HEREIN, MOTIVE HEALTH MAKES NO WARRANTIES ABOUT THE SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SITE OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION.
ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR YOUR CHILDREN.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MOTIVE HEALTH WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF MOTIVE HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SITE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT WILL MOTIVE HEALTH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE THE USE OF THE SITE.
Indemnity
You agree to indemnify, defend and hold harmless Motive Health, its licensors, suppliers, and their respective directors, officers, employees, agents, affiliates, successors, and assigns, from and against any claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise from your breach of these Terms. You agree to cooperate as reasonably required in the defense of any such claim. Motive Health reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification under this section and, in any event, you agree not to settle any such matter without the prior written consent of Motive Health.
Changes to the Terms
Motive Health may make changes to the Terms from time to time. When these changes are made, Motive Health will make a new copy of the Terms available here. You understand and agree that if you use the Site after the date on which the Terms have changed, Motive Health will treat your use as acceptance of the updated Terms.
General Legal Terms
These Terms and our Privacy Policy constitute the entire agreement between Motive Health and you (this "Agreement"); provided, however, that certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages within this Site.
Any legal action or proceeding between Motive Health and you arising out of or related to this Agreement, including your use and access to the Site, will be governed exclusively by the laws of the State of Arizona. It is understood that any dispute, claim, or controversy arising under or in connection with this Agreement, including but not limited to, claims as to whether any services associated with the operation of this Site rendered by Motive Health or persons employed or engaged by Motive Health were unnecessary or unauthorized or were improperly, negligently, or incompetently rendered, shall be finally and exclusively resolved by binding arbitration under the American Arbitration Association’s ("AAA") Commercial Arbitration Rules and Mediation Procedures and Consumer-Related Disputes Supplementary Procedures, and not by a lawsuit or resort to the court process, except as Arizona law provides for judicial review of arbitration proceedings. Both parties to this Agreement are giving up their constitutional right to have such dispute decided in a court of law before a jury, and instead are accepting the use of arbitration. The parties further agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this agreement to arbitrate. Any such controversy or claim shall be arbitrated on an individual basis. The arbitration shall be held in Maricopa County, Arizona, U.S.A.
You understand and agree that this agreement to arbitrate binds you and anyone else who may have a claim arising out of or related to this Agreement, including your use of and access to the Site and any Content contained therein. You also understand and agree that this agreement to arbitrate relates to claims against Motive Health or persons employed or engaged by Motive Health. You may cancel your right to arbitrate by giving written notice to Motive Health within 30 days of the date of your acceptance. Should you choose to withdraw from the arbitration provision, all other provisions of this Agreement shall remain in full force and effect.
