Applicability of Terms & Conditions and our Privacy Policy.
By visiting, using, and/or submitting information to www.motionpoint.com, either directly or via third party sites that link to us, you are accepting the practices described in these Terms & Conditions and our Privacy Policy. www.motionpoint.com is owned and operated by MotionPoint Corporation, a Florida corporation.
These Terms & Conditions and our Privacy Policy apply to you, MotionPoint, its affiliates, its contracted third party service providers and the Internet website located at the URL www.motionpoint.com ("www.motionpoint.com").
MotionPoint's Collection of Personal Information
"Personal Information" is data and information that specifically identifies or relates to you and/or your company and which may or may not be publicly available. It includes, but is not limited to, your name, your company's name, your postal address, your email address, your telephone number and your industry information. It does not include anonymous aggregate statistics or IP address information that MotionPoint may collect.
MotionPoint's Use of Your Personal Information
MotionPoint uses your Personal Information within MotionPoint's internal organization, among its affiliates and depending upon your specific request, may share your Personal Information with our retailer clients. Potential uses of your Personal Information include, but are not limited to, one or more of the following: (i) fulfilling your online requests for more information; (ii) notifying you of promotions, website updates, upcoming events and new products and services; (iii) sharing your Personal Information with our retailer clients in order to provide you with requested information; (iv) tracking and analyzing survey responses; and (v) as described below, cooperating with regulatory and law enforcement agencies as permitted and/or required by law. Without your express permission, MotionPoint will not otherwise disclose, sell, rent or share any of your Personal Information.
MotionPoint also reserves the right to share or disclose your Personal Information when it determines, in its sole discretion, that the disclosure of such Personal Information is necessary to identify, contact, or bring legal action against you if you may be: (i) causing intentional or unintentional injury to MotionPoint or another; (ii) interfering with another's rights or property, including MotionPoint's rights or property; and/or (iii) violating this Privacy Policy and/or any applicable law, rule or regulation, and/or if such disclosure is required by any applicable law, rule or regulation and/or is at the request of authorities in the event of any act of terrorism or instance or local, regional or national emergency.
Correcting, Updating or Changing Selections Regarding Your Personal Information
In order to access, update or change selections for use of Personal Information that you provide, please contact MotionPoint either at the postal address listed at the end of this document, or via email at webmaster@motionpoint.com. MotionPoint will accordingly furnish you with a copy of your Personal Information, or change its records to remove, update or change selections regarding your Personal Information.
MotionPoint's Use of Cookies and Other Tracking Practices
Like most other Internet websites, MotionPoint utilizes "cookies" to automatically track and store preferential information about you as you use and navigate www.motionpoint.com. "Cookies" are alphanumeric identifiers in the form of text files that are inserted and stored on your hard drive by your web browser. Cookies track your personal preferences and activities, but in no way contain or refer to any Personal Information. Non-personal information collected from users by MotionPoint's cookies includes, but is not limited to: (i) the type of web browser used; (ii) IP addresses; (iii) the type of computer used; and (iv) home server domain names.
MotionPoint's use of cookies allows MotionPoint to aggregate certain information about the users of www.motionpoint.com. The aggregated information helps MotionPoint to serve you better by compiling user preferences and statistical data to improve the offerings and features of www.motionpoint.com. MotionPoint may use the aggregated information to, among other things: (i) develop new products and services; (ii) improve website content; (iii) track and report click-throughs; and (iv) customize website layouts. MotionPoint may also share, loan, rent, or sell this anonymous, aggregated information, but remember that the aggregated information contains absolutely no Personal Information.
If you do not want www.motionpoint.com's cookies to be inserted into your hard drive, you can disable your hard drive's ability to accept and receive cookies through your web browser. However, keep in mind that if you disable your hard drive's ability to accept and receive cookies, you may not be able to fully utilize all of the features of www.motionpoint.com.
Security of Your Submissions and Transmissions
MotionPoint utilizes its best efforts to protect the security of any information submitted or transmitted by you via www.motionpoint.com, including, but not limited to, your Personal Information. MotionPoint maintains physical, electronic and procedural safeguards. However, in the unlikely event that an unauthorized third party compromises MotionPoint's security measures, MotionPoint is not responsible for any breach of security or occurrences or damages directly or indirectly caused by an unauthorized third party's ability to view, use or disseminate your submissions or transmissions to www.motionpoint.com, or your Personal Information.
Links to Other Internet Websites on www.motionpoint.com
These Terms & Conditions and our Privacy Policy apply solely to www.motionpoint.com. www.motionpoint.com may contain links to other Internet websites. Such links are not an endorsement by MotionPoint of those websites and/or the companies who own or sponsor them, nor the products and/or services that may be offered there. MotionPoint makes no representations or warranties about, nor is it responsible for, the privacy practices of linked Internet websites. When you enter a linked Internet website, MotionPoint encourages you to carefully read the privacy policy of that linked website, as its privacy policy may differ substantially from that of this Privacy Policy.
Access and Use by Minors
www.motionpoint.com is not intended to be accessed or utilized by persons under the age of 18. MotionPoint does not intend or purposefully attempt to award prizes to, or gather information from, children under the age of 18.
Changes to Terms & Conditions and our Privacy Policy
MotionPoint developed these Terms & Conditions and our Privacy Policy as a manifestation of our firm commitment to disclose our current Internet privacy and confidentiality policies to you. However, MotionPoint reserves the right to amend these Terms & Conditions and Privacy Policy at any time in its sole discretion and without notice. Changes, revisions or deletions with regard to these Terms & Conditions and Privacy Policy shall be effective immediately upon their inclusion in, or deletion from, this Privacy Policy, and the posting of the same on www.motionpoint.com.
Any information we collect from you is subject only to our most current Terms & Conditions and Privacy Policy. You are advised and encouraged to visit www.motionpoint.com on a regular basis to review our most current Terms & Conditions and Privacy Policy, and review any changes that may have been made. If you continue to use www.motionpoint.com, you agree to be bound by our most current Terms & Conditions and Privacy Policy, including any changes that have been made since you originally provided MotionPoint with any Personal Information.
Your Questions, Comments & Complaints
MotionPoint encourages you to provide MotionPoint with feedback regarding these Terms & Conditions and Privacy Policy. If you have questions, comments or concerns regarding these Terms & Conditions and Privacy Policy, please email us at webmaster@motionpoint.com. If you feel that MotionPoint is not abiding by these Terms & Conditions and Privacy Policy at any time, please immediately contact us via email at webmaster@motionpoint.com.
Governing Law; Arbitration
These Terms & Conditions and Privacy Policy are to be governed and construed in accordance with the internal laws of Florida, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of, or relating to, these Terms & Conditions and Privacy Policy shall be referred to final and binding arbitration in Palm Beach County, Florida, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Palm Beach County, Florida. You and MotionPoint shall select the arbitrator, and if you and MotionPoint are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator. The cost of such arbitrator and all costs and fees charged by the American Arbitration shall be paid equally by you and MotionPoint.
Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and MotionPoint, and your and MotionPoint's respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. NOTWITHSTANDING THE PREVIOUS SENTENCE, IN NO EVENT SHALL YOU BE ENTITLED TO PUNITIVE, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES AND YOU HEREBY WAIVE YOUR RESPECTIVE RIGHTS TO ANY PUNITIVE, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, EVEN IF MOTIONPOINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Miscellaneous
If any portion of these Terms & Conditions and Privacy Policy are deemed unlawful, void or unenforceable, this Privacy Policy as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms & Conditions and Privacy Policy that is unlawful, void or unenforceable shall be stricken from these Terms & Conditions and Privacy Policy.
The headings contained in these Terms & Conditions and Privacy Policy are for convenience of reference only, are not to be considered a part of these Terms & Conditions and Privacy Policy, and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms & Conditions and Privacy Policy.
All covenants, agreements, representations and warranties made in these Terms & Conditions and Privacy Policy, as may be amended by MotionPoint from time to time, shall survive the termination of these Terms & Conditions and Privacy Policy. These Terms & Conditions and Privacy Policy cannot be orally modified or amended.
These Terms & Conditions and Privacy Policy represents the entire understanding and agreement between you and MotionPoint regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.
Postal Address
MotionPoint Corporation
Lyons Technology Center
4661 Johnson Road,
Suite 14
Coconut Creek, FL 33073
Attn.: WebMaster