Terms and Conditions
Please read these carefully. These terms and conditions represent the agreement (“Agreement”) between you (“User”) and Motives Met governing the Motives Met’s website (“Website” or “Site”), communications between Motives Met and you via email or other electronic means (“Electronic Communications”), and Motives Met products and services (“Services”). When you use a service, you may also be subject to the terms and conditions applicable to those services (“Product Terms”). If this Agreement is inconsistent with the Product Terms, the Product Terms control. Motives Met reserves the right to change the Agreement at any time, with or without advance notice.
1. Permitted Use
You may use the Motives Met Website and communicate electronically with Motives Met only for expressly authorized purposes. You must not access or use the Site or engage in Electronic Communications:
- For any unlawful purpose;
- In any manner that interferes with any other user’s use of the Site or Electronic Communications;
- In any manner that could impair, damage, or disable the Site or any computer, server, or network used by Motives Met for Electronic Communications; and
- Using a user ID, password, or other credentials for which you are not authorized.
Motives Met may at its sole discretion prohibit access or use of the Site and Electronic Communications by any User who violates this Agreement or interferes with the proper operation and enjoyment of the Site by others.
2. Intellectual Property
The Site contains copyrighted material, trademarks, and proprietary research of Motives Met, including but not limited to text, software, photos, video, graphics, music, and sound. The Site’s entire contents are copyrighted as a collective work under the United States and international copyright, authors’ rights, and database right laws. All rights reserved.
Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of Motives Met or the copyright owner. Motives Met news articles, reports, and graphs may only be downloaded for your personal use. No changes in or deleting author attribution, trademark legend, or copyright notice will be made if copied, redistributed, or published copyrighted material. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any reference whatsoever to the Motives Met news articles, reports, and graphs, in whole or in part, on any webpages must provide a link back to the original content in its entirety. Except as expressly provided herein, transmitting this content does not grant a license of any type. Motives Met content not identified in the previous paragraph may be subject to additional restrictions under the Product Terms.
Motives Met respects the rights of all copyright holders. In this regard, Motives Met has adopted and implemented a policy that terminates users and account holders in appropriate circumstances who infringe copyright holders’ rights. If you believe that your work has been infringed, please provide Motives Met’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 USC § 512:
- 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 at that Site;
- Identification of the material claimed to be infringing or to be the subject of infringing activity, and to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party;
- A statement that the complaining party has 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 the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act, please contact us. For web posting, reprint, or licensing requests for Motives Met material, please visit Motives Met Permissions. For any questions or requests other than copyright issues or licensing requests, please contact us.
Please visit Motives Met’s Trademarks webpage to review a non-exhaustive list of Motives Met trademarks. Motives Met’s trademarks may not be used for any product or service that is not Motives Met’s, in any manner that is likely to create confusion among customers, or in any manner that disparages or discredits Motives Met. Any use of Motives Met, or any other Motives Met trademark requires prior written consent from Motives Met. Such use includes the appropriate trademark acknowledgment. The acknowledgment alerts the readers to the ownership of the trademark. Use the acknowledgment in printed materials and on websites. All other trademarks not owned by Motives Met that appear in any Motives Met content are the property of their respective owners, who may or may not be affiliated with or connected to Motives Met.
If you wish to reproduce Motives Met content in a manner not addressed in this section, please contact us.
You are advised that Motives Met aggressively enforces its intellectual property rights to the fullest extent of the law.
3. User Account Responsibility
If you are given or create a password to access the Website, you are responsible for maintaining your account confidentiality and password. You are responsible for all activities that occur under your account. You agree to notify Motives Met immediately of any unauthorized use of your account. Motives Met is not responsible for any loss you may incur because of any unauthorized person using your account or your password.
4. User Submitted Materials
A User may submit original materials, including (without limitation) photographs, images, text, graphics, and other materials (collectively, “User Submitted Materials”). As between User and Motives Met, the User retains ownership of such User Submitted Materials. You grant Motives Met and its designees a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such User Submitted Materials solely for Motives Met.
User represents and warrants that User owns or otherwise possesses all necessary rights, permissions, and license for the User Submitted Materials and that the User Submitted Materials do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trade secret right or other property rights of any third party. User represents and warrants that the User Submitted Materials are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable.
A. Rules of Conduct for User Content
By submitting any User Content or participating in an Interactive Area within or for the Site, you agree to abide by the following rules of conduct. You agree not to upload, post, or otherwise transmit any User Content that:
- Violates or infringes in any way upon others’ rights, including any statements that may defame, harass, stalk, or threaten others.
- You know to be false, misleading, or inaccurate.
- Contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity, or profanity.
- Contains or advocates pornography or sexually explicit content, pedophilia, incest, bestiality, or that is otherwise obscene or lewd.
- Violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them.
- Advocates violent behavior.
- Poses a reasonable threat to personal or public safety.
- Contains violent images of killing or physical abuse that appear to have been captured solely, or principally, for exploitive, prurient, or gratuitous purposes.
- Is protected by copyright, trademark, trade secret, right of publicity, or other proprietary rights without the express permission of the property owner. You bear the burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity, or other proprietary right. You are solely liable for any damage resulting from any copyrights or trademark infringement, trade secret theft, the loss of rights of publicity or other proprietary rights, or any other harm resulting from such a submission. Any person determined by Motives Met, in its sole discretion, to have violated the intellectual property or other rights of others is barred from submitting or posting any further material on the Site.
- Does not generally pertain to the designated topic or theme.
- Contains any unsolicited or unauthorized advertising or promotional materials for products or services, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
You agree not to engage in activity that would constitute a criminal offense or give rise to civil liability.
If necessary, you agree that you have the consent of each identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by the Site.
You agree not to impersonate any person or entity, including, but not limited to, Motives Met, or any Motives Met employee, or falsely state or otherwise misrepresent your affiliation with any person or entity.
You agree not to represent or suggest, directly or indirectly, Motives Met’s endorsement of User Content.
You agree not to interfere with any other user’s right to privacy, including harvesting or collecting personally-identifiable information about the Site users or posting private information about a third party.
You agree not to upload, post, or otherwise transmit any User Content, software, or other materials which contain a virus or other harmful or disruptive component.
You agree not to interfere with or disrupt the Site or the servers or networks connected to the Site or disobey any requirements, procedures, policies, or regulations of networks connected to the Site.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Site, use the Site, or access to the Site.
Any conduct that in Motives Met’s sole discretion restricts or inhibits anyone else from using or enjoying the Site will not be permitted. Motives Met reserves the right in its sole discretion to remove or edit User Content by you and to terminate Your Account for any reason.
Motives Met does not vouch for the accuracy or credibility of any User Content and does not take any responsibility or assume any liability for any actions you may take because of reading User Content posted on the Site. Through your use of the Site, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate, or deceptive. There may also be risks of dealing with underage persons, people acting under pretense, international trade issues, and foreign nationals. By using the Site, you assume all associated risks.
Motives Met can, but does not have to, monitor User Content posted or uploaded to the Site to determine compliance with this Agreement and any operating rules established by Motives Met and satisfy any law, regulation, or authorized government request. Although Motives Met has no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to the Site, Motives Met reserves the right and has absolute discretion to screen, edit, refuse to post, or remove without notice any User Content posted or uploaded to the Site at any time and for any reason. You are solely responsible for creating backup copies of and replacing any User Content posted to the Site at your sole cost and expense. Also, Motives Met may share personally identifiable information in response to a law enforcement agency’s request, or where we believe it is necessary, or as otherwise required or permitted by law. See Motives Met’s Privacy Statement.
The decision by Motives Met to monitor or modify User Content does not constitute nor is it deemed to constitute any responsibility or liability in any manner on the part of Motives Met for or arising from your use of the Site.
C. No Obligation
5. Reliance on Information Posted
The information presented on or through the Website is made available solely for informational, educational, and entertainment purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or by anyone who may be informed of any of its contents.
Surveys and content available on the Website are provided as-is and are subject to the disclaimers and other terms set forth herein. Surveys, survey results, and other content on the Website or sent via email are provided for informational, educational, and entertainment purposes only. They are not intended to be used for a healthcare diagnosis or as a substitute for obtaining medical advice or treatment from a competent physician, mental health professional, or other health care practitioner.
Motives Met is not a health care provider or covered entity. Survey results are not protected health information under HIPAA laws. It would be best if you did not take any health care action based upon survey results or other content of the Motives Met Website or Electronic Communications without first obtaining appropriate and independent guidance from a physician or other health care practitioner. Giving, receiving, or using the content on this Website or via Electronic Communications does not constitute or create a caregiver-patient relationship.
7. Linking and Framing
Motives Met makes no representation, warranty, or endorsement, express or implied, as to any of the information, tests, services, products, or messages on any other applications which may be accessed through links and frames in the Website or its Electronic Communications. Links and frames are provided for convenience only. They are not an endorsement of the organization or individual operating the linked/framed websites or applications or a warranty or endorsement of any type regarding the third-party websites or the information, services, products, or messages posted on or available from such sites or third parties.
8. Third-Party Applications Disclaimer
You acknowledge that your access and use of any third-party applications or software on the Website as part of Motives Met’s services and Content (the “Third Party Applications”) is at your discretion and risk, and Motives Met has no liability to you arising out of or for your use of the Third Party Applications. Motives Met disclaims any representation, warranty, or guaranty regarding the Third Party Applications, whether expressed, implied, or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty, or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, or legality of the Third Party Applications, and you agree to indemnify and hold Motives Met harmless for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, arising out of or in any way connected with the use or performance of the Third Party Applications.
9. Export Limitations
Products or Services purchased from Motives Met may be subject to customs and export control laws and regulations. You agree to comply with all international and national laws and regulations that apply to you about such products or services.
10. Return Policy
Motives Met has a strict no-return policy. Access codes purchased can only be used once. No refund will be given for any access codes once purchased.
11. Promo Codes
“Promotional codes” or “promo codes” are alphanumeric strings that we offer to encourage purchases on our website. Promo codes may be offered, for example, in a podcast or via email. The Promo code may give a percentage discount of the purchase price of an assessment, for example, a 20% discount at the time of purchase.
A. No resale
Promo codes or cannot be resold and are valid only if obtained from Motives Met or an authorized third-party distributor. Promo codes may not be valid and may not be honored if obtained from unauthorized sellers or resellers, including, but not limited to, through Internet auction sites.
B. Promo Codes Are For One Assessment Only
Unless otherwise stated by Motives Met when issued, a promo code is only issued for a single Motives Met assessment.
C. Promo Codes May Not be Combined with other Offers
Promo codes often cannot be combined with other offers or other promo codes.
Promo codes expire and will no longer be usable after the date set forth on the other terms and conditions associated with the promo code. We reserve the right to deactivate a promo code at any time and render it unusable. Instances where we may deactivate a promo code may include but are not limited to incidences where we believe that there has been fraudulent activity related to a promo code.
E. Redemption; No Cash Value
Promo codes can only be redeemed for what the promo code was issued for. Promo codes cannot be used to purchase gift cards. Promo codes are not debit or credit cards. Promo codes have no cash value, are not refundable, and cannot be redeemed for cash.
F. Not Reloadable
Promo codes may not be reloaded with value.
G. No refunds or Exchanges
No refunds or exchanges are permitted for promo codes.
H. Lost, Damaged or Stolen Promo Code
Safeguard your promo code. It will not be replaced if lost, stolen, damaged, or used without authorization.
You may terminate your Motives Met account at any time by discontinuing use of the Motives Met Sites. Motives Met may cancel or terminate any Motives Met offering at any time without notice. If terminated, access to the part of the Motives Met offering affected by such cancellation or termination is no longer authorized. The restrictions imposed for material downloaded from Motives Met Sites, and the disclaimers and limitations of liabilities outlined in this Agreement, survive such cancellation or termination, including, but not limited to, trademark and copyright protections.
At its sole discretion, Motives Met may require you to submit any disputes arising from this Agreement or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law. By using the Website, you consent to submit any dispute to final and binding arbitration.
14. Limitation on Time to File Claims
Any cause of action or claim you may have to arise out of or relating to this Agreement or the Website must be commenced within one year after the cause of action accrues. Otherwise, such cause of action or claim is permanently barred.
15. Disclaimers of Warranties and Limitation of Liability
When using the Website or engaging in Electronic Communications, the information is transmitted over a medium beyond the control and jurisdiction of Motives Met and its agents, vendors, and suppliers. Accordingly, Motives Met assumes no liability for or relating to the delay, failure, interruption, unavailability, or corruption of any data or other information transmitted for the use of the Website or its Electronic Communications. The Website, Electronic Communications, and Motives Met content is provided on an “as is” basis. Motives Met and its’ officers, directors, agents, employees, contractors, volunteers, licensors, licensees and suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third party rights, fitness for a particular purpose, and any implied warranty arising from course of dealing, performance or usage of trade.
Motives Met, its officers, directors, agents, employees, volunteers, licensees, licensors, and suppliers make no representations or warranties about the accuracy, reliability, availability, completeness, or timeliness of the content, and where applicable, tests, test results, software, text, graphics, links, or communications provided on or through the Website or via Electronic Communications. In no event, Motives Met, its officers, directors, agents, employees, contractors, volunteers, licensees, licensors, and suppliers, or any third parties mentioned in the Website are liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of, or inability to use, the Website, Electronic Communications, or content, whether based on warranty, contract, tort, or any other legal theory, and whether Motives Met, its officers, directors, agents, employees, volunteers, contractors, licensees, licensors, and suppliers, or any third parties mentioned in the Website are advised of the possibility of such damages.
User agrees to hold harmless Motives Met and its officers, directors, agents, employees, contractors, licensees, and volunteers from all claims arising out of or related to your use, or your inability to use, the Website or the information, tests, services, products or messages contained in the Website or other applications or websites to which the Website is linked, including but not limited to claims that you have found something you have heard, viewed or downloaded from the Website or another website or application to which it is linked to being obscene, offensive, defamatory, or infringing upon your intellectual property rights. In no event will Motives Met or the contributors of information to the Website be liable to User or anyone else for any decision made or action taken by User in reliance on such information or for any consequential, special, or similar damages, even if advised of the possibility of such damages. You release and forever waive all claims you may have against Motives Met, its officers, directors, agents, employees, contractors, and volunteers for losses or damages you sustain for your use of the website. User agrees to hold harmless Motives Met and its officers, directors, agents, employees, licensees, and volunteers from all claims, liabilities, causes of action, damages, losses, and expenses (including, without limitation, attorneys’ fees) arising directly or indirectly out of or from the User Submitted Materials.
If any term is invalid or unenforceable, all remaining terms of this Agreement remain in full force and effect as if such invalid or unenforceable term had never been included.
17. Equitable Relief
User agrees that any material breach of this Agreement will result in irreparable harm to Motives Met for which damages alone would be an inadequate remedy. Therefore, in addition to its rights and remedies otherwise available at law, Motives Met is entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs.
19. Governing Law
User and Motives Met agree that the statutes and laws of the State of Delaware, without regard to conflicts of laws principles, apply to all matters arising from or relating to the use of the Website. User and Motives Met also submit to the exclusive personal jurisdiction and venue of Delaware for such matters.
This Agreement constitutes the entire agreement between User and Motives Met relating to the Website. It cancels and supersedes any prior versions of this Agreement.
21. Questions or Comments
If you have any questions or comments about Motives Met, its Services, or these Terms and Conditions, please contact us.
2022 Smoketree Drive
PO Box 2701
Carefree, AZ 85377
Effective Date: December 18, 2020