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Terms of Use and Disclaimer

 

Welcome to Motivating Moments LLC!

Motivating Moments LLC maintains www.motivateus.com (the "Site") for your personal entertainment, information, education, and communication. Please feel free to browse the Site.

You may download material displayed on the Site for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of the Site for public or commercial purposes, including the data, text or images, without Motivating Moments LLC's written permission.

Your access to and use of the Site is also subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Site.

Terms and Conditions

Disclaimer of Warranties & Limitation of Liability

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER MOTIVATING MOMENTS, ITS AFFILIATES, NOR ANY OF ITS EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES FOUND ON THE SERVICE, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SERVICE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE SERVICE.

THE SERVICE AND ALL CONTENT, MATERIAL, INFORMATION, POSTINGS, OR POSTING RESPONSES FOUND ON THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT WILL MOTIVATING MOMENTS (OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES ON THE SERVICE OR THE SERVICE ITSELF. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT MOTIVATING MOMENTS (AND ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU.

You should assume that everything you see or read on the Site is copyrighted unless otherwise noted, and may not be used except as provided in these Terms and Conditions without the written permission of Motivating Moments LLC. Motivating Moments LLC neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Motivating Moments LLC.

While Motivating Moments LLC uses reasonable efforts to include accurate and up to date information in the Site, Motivating Moments LLC makes no warranties or representations as to its accuracy. Motivating Moments LLC assumes no liability or responsibility for any errors or omissions in the content of the Site.

Your use of and browsing in the Site are at your risk. Neither Motivating Moments LLC nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Motivating Moments LLC also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

Use of Material Supplied by You

For information regarding use of the material and information you supply or communicate with the Service, please see our Privacy Policy. By submitting stories, quotations, poetry or comments or engaging in any other form of communication through the Service, you grant us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such communication (including your identity and information about you) in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so. Once a submission is published on the Web site, Motivating Moments may take it down for any or no reason.

Copyright Information and Disclaimer

This website, Motivating Moments, accessed through http://www.motivateus.com or http://www.motivatingmoments.com, and its contents are Copyrighted and /or copy protected. Motivating Moments LLC (including text, graphics, logos, button icons, images and software; any improvements or modifications to such content; and any derivative works, based on the foregoing) is the property of Motivating Moments LLC.

We assert a claim of copyright for our compilations of quotations, stories, commentary and poetry, their unique scope and style, our domains, motivateus.com. and motivatingmoments.com, our site design, HTML, database design, look and feel, and back-end code. The collection, arrangement and assembly of content on this site are the exclusive property of Motivating Moments LLC and are likewise protected by copyright and other intellectual property laws.

Submitting your Quotations, Stories, Poetry, etc.

By submitting to Motivating Moments LLC website, Motivating Moments or sending material through conventional mail or fax, you grant us non-exclusive rights, permission, to display, to reprint and store your submission on the motivateus.com website and any other method (print or electronic format) without compensation, although we may charge a fee. Obviously, we require these rights to show your work to other people who may visit or subscribe to our site or in the future buy our books. Non-exclusive means that you may give these same rights to anyone else as well; for money or for free.

When you submit to Motivating Moments LLC, you agree that you are promising and warranting that you are only sending material that you are sure is your own, or is in the http://cidc.library.cornell.edu/copyright public domain. Using someone else's material as your own can get you into a lot of trouble.

All writers retain all copyrights to their work and reprint permission does not include the requirement that writer assign any rights to Motivating Moments LLC, other than the right to reprint.

For your convenience, Motivating Moments LLC automatically includes a personal copyright notice at the end of each item you create. You are free, and encouraged, to sell your work to others, publish it with others or do whatever you wish! The copyright notice published on Motivating Moments LLC is written as a cautionary measure to protect the writer and does not grant reprint permission from the Motivating Moments LLC website. However, if the writer would like to make clear that the reprinted article is available to be reprinted by others, this can be made known on the same page the reprinted article appears, just write a note to us.

If a writer grants Motivating Moments LLC the right to reprint, and their work appears on Motivating Moments LLC properties, Motivating Moments LLC cannot be held responsible should someone come along and make a copy and use the copy without separate reprint permission from the author.

Procedures for Reporting Infringing Material

The following procedures are to be used when submitting or disputing a Copyright Infringement Notice.

You must be the copyright owner or a legal representative of such of the material you are reporting. If you believe that an author on Motivating Moments has unlawfully used your copyrighted material, you may send a Copyright Infringement Notice to helping@motivateus.com

Before doing so, please follow these steps carefully:

Step 1 - Be absolutely sure that copyright infringement has occurred. If you knowingly falsely accuse someone of infringement (a lie), you could be prosecuted for perjury and sued by the accused author.

Step 2 - Compose an email, which will serve as your Copyright Infringement Notice, with the following necessary information:

a. Exact URL ( web address) of where the item in question is located
b. Name of the author you claim is unlawfully using your copyrighted material
c. Include a specific copy of the infringing material
d. Your name and contact information
e. State in the email notice:

"The information in this notice is accurate and I, the copyright owner and complaining party, have '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'"

f. State, under penalty of perjury, that the sender of the email notice is authorized as the copyright owner or a legal representative of such of the material claimed to have been infringed.
g. Sign your Full Name (First and Last)

Step 3 - Email all of this in one complete email to helping@motivateus.com with the subject heading of Copyright Infringement Notice.

If you fail to include the necessary information listed above and fail to do so even after initial contact from Motivating Moments LLC, the complaint will be deemed legally null and void.

Motivating Moments LLC Response to Copyright Infringement Notice

Once Motivating Moments LLC receives a Copyright Infringement Notice, the information sent will be examined carefully to be sure all necessary information has been included. If the required information is not included in this email, Motivating Moments LLC will make a reasonable attempt to contact you to retrieve the missing information. If contact cannot be made or you fail to provide the required information within a reasonable time, the notice will be disregarded.

If all necessary information has been provided, Motivating Moments LLC will temporarily remove the infringing material from public access. This protects Motivating Moments LLC from all legal liability. As soon as the material is removed from public access, the author of this material will be notified immediately. If the author believes that the material is not infringing or has been mistaken for something else, he/she may send a Counternotice to Motivating Moments LLC.

Author's Counternotice

If you have had material removed from public access due to a Copyright Infringement Notice, you may send a Counternotice to helping@motivateus.com

Before doing so, please follow these steps carefully:

Step 1 - Be absolutely sure that you have not infringed upon someone else's material. If you lie, you could be prosecuted for perjury and sued by the copyright owner.

Step 2 - Compose an email, which will serve as your Counternotice, with the following necessary information:

a. Exact URL ( web address) of where the item in question is located
b. State, under penalty of perjury, that the material was removed from public access by Motivating Moments LLC as a result of a mistake or misidentification of the material
c. State that you consent to the legal jurisdiction in the federal district court where the user's address is located
d. State that you agree to accept service of legal process from the copyright owner or person who signed the Copyright Infringement Notice
e. Sign your Full Name (First and Last)

Step 3 - Email all of this in one complete email to helping@motivateus.com with the subject heading of Counternotice.

If you fail to include the necessary information listed above and fail to do so even after initial contact from Motivating Moments LLC, the counternotice will be deemed legally null and void and the material will remain unavailable from public access.

After the Counternotice

When Motivating Moments LLC receives a Counternotice with all of the necessary information, the copyright owner or sender of the Copyright Infringement Notice will be sent a copy of the Counternotice and informed that the disputed material will be replaced to public access no later than ten (10) business days. In order to prevent this from happening, the copyright owner or sender of the Copyright Infringement Notice must bring a court action.

The copyright owner or sender of the Copyright Infringement Notice must convince a judge that copyright infringement has occurred. A Copyright Infringement lawsuit will need to be filed in federal court against the accused author and the court will need to be persuaded that the author is indeed committing copyright infringement.

If the copyright owner or sender of the Copyright Infringement Notice does not want to go to court, the material will be replaced for public access.

PLEASE TAKE NOTICE THAT WE ARE NOT GIVING LEGAL ADVICE TO ANYONE. YOU CAN NOT RELY ON THE ABOVE PROCEDURE TO PROTECT YOUR WORK OR YOUR LEGAL RIGHTS. YOU MUST SEEK YOUR OWN LEGAL COUNSEL TO PROTECT YOUR LEGAL RIGHTS AS IT RELATES TO ANY OF THESE ISSUES.

Please note:

Motivating Moments LLC Members who are repeatedly infringing upon copyrighted material or falsely accusing other authors of such actions will have their account terminated.

If Motivating Moments LLC notices blatant infringement activity without a submitted complaint, we will remove the material immediately. We would only do this if we felt it was absolutely infringing on a copyright. We will not be monitoring the site for such activity.

Disclaimer: To the best of our knowledge, all quotations, stories, poetry and etc., included here fall under the fair use or public domain guidelines of copyright law in the United States. If you believe that any quotations, stories, or poetry violates a copyright you hold or represent, we will immediately remove it upon notification, helping@motivateus.com, pending good-faith resolution of any dispute.

Other Legal Stuff

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of Motivating Moments LLC and its subsidiaries. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Motivating Moments LLC or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Motivating Moments LLC will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Motivating Moments LLC has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.

Motivating Moments reserves the right, in its sole discretion, to change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Service, or send them to you via e-mail. Any changes to this Agreement will be effective immediately upon notice to you. Your use of the Service after notice of changes to this Agreement will be deemed your acceptance of the changes.

Motivating Moments reserves the right, in its sole discretion, to change, suspend, limit, or discontinue any aspect of the Service at any time. Motivating Moments may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. Motivating Moments reserves the right, in its sole discretion, to change, suspend, limit, or discontinue any aspect of the Service at any time. Motivating Moments may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

IF YOU DO NOT AGREE TO THE PROVISIONS OF THIS AGREEMENT OR ARE NOT SATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SERVICE.

You agree to indemnify, defend and hold Motivating Moments LLC and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "Indemnified Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any Indemnified Party in connection with any breach by you of these Terms and Conditions. Motivating Moments LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Motivating Moments LLC's defense of such claim.

The Site is controlled and operated by Motivating Moments LLC from its offices within the State of Michigan, United States of America. Motivating Moments LLC makes no representation that materials in the Sites are appropriate or available for use in other locations and other countries. Those who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

This agreement shall be governed by, construed and enforced in accordance with the laws of the State of Michigan, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Motivating Moments LLC bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or Federal Courts located in Oakland County, Michigan, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Motivating Moments LLC.

Motivating Moments LLC may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.

This site and its contents are provided as is. We strive for accuracy but cannot be held responsible for any errors in quotations, stories, and or poetry or incorrect attributions. Some quotations, stories, and or poetry may include content considered inappropriate by some standards for some age groups. We take no responsibility for filtering content based on any standards of morality, religion, or politics.

The collection, arrangement and assembly of content on this site are the exclusive property of Motivating Moments LLC and are likewise protected by copyright and other intellectual property laws.

To review the Motivating Moments LLC Privacy Policy, please click here.

Copyright 1997-2017 Motivating Moments LLC. All rights reserved.

 

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