Product Information Guide
IMPORTANT PLEASE READ CAREFULLY BEFORE USING YOUR MOTUS™ DEVICE
This Product Information Guide contains important safety, handling, and warranty information, as well as software license information, for your MOTUS™ system. Please read carefully before using your MOTUS™ system.
Important Safety and Handling Information
WARNING: Failure to follow these safety instructions could result in fire, electric shock, or other personal injury and/or damage to your MOTUS™ system or other property.
Do not use the MOTUS system for diagnostics or treatment of any health problem or disease. Measurement results are for reference only. Contact your physician if you have or suspect any medical problem or before this or any exercise program.
The MOTUS system is intended for leisure, well-being, fitness, workplace health and safety and informational purposes only and is not intended for medical use. Before using this device, read the instructions carefully.
Consult a medical professional if you experience any health problems or need medical assistance. It is your responsibility to evaluate your own med- ical and physical condition, or that of your clients, and to independently determine whether to use the MOTUS system or rely on the measurements or other information obtained from such use. By voluntarily undertaking to use the MOTUS system or rely on the measurement results obtained from such use, you assume the risk of any resulting injury.
Do not use the system around body parts other than your arms, upper back, and lower back.
The MOTUS system is charged with micro-usb cables and may become hot during the charging process. Do not charge the MOTUS device while the sensors are inside of clothing.
By using the MOTUS system, you represent and warrant that you are at least 13 years of age and have reviewed and now consent to the terms of this Product Information Guide, or, if you are under 13 years of age, then you agree to follow the steps put in place when downloading the MOTUS application to obtain the required legal consent of your parent or guardian prior to use.
The MOTUS system may include features that promote physical activity
and fitness. By using the MOTUS system, you agree, represent and warrant that you have received consent from your physician to participate in health and fitness programs (personal and corporate), workouts, exercises or any other related activities made available through or enhanced by the MOTUS system.
MOTUS system contains small parts, which may present a choking hazard to small children. Keep the MOTUS system and its accessories away from small children.
When you perform repetitive activity such as movement assessment, you may experience occasional discomfort or fatigue. Take frequent breaks while using your MOTUS system if you experience discomfort and do not resume your movement assessment until the discomfort disappears. If the discomfort does not disappear, consult a physician.
Carrying and Handling your MOTUS device
Your MOTUS system contains sensitive components. Do not disassemble, open, crush, puncture, shred, microwave, incinerate, or insert foreign objects into your MOTUS devices or your MOTUS device charging case.
Avoiding Water and Wet Locations
Exposure to water may cause damage to your MOTUS system. Do not use your MOTUS system in rain or other wet locations. Take care not to spill any food or liquid on your MOTUS system. In case your MOTUS system gets wet, remove your MOTUS system from its charging case and allow it to dry thoroughly before attempting to use or charge it again. Do not attempt to dry your MOTUS system with an external heat source, such as a microwave oven or hair dryer. MOTUS devices that have been damaged as a result of exposure to liquids are not serviceable. Damage due to prolonged expo- sure to sweat is not covered by the warranty.
Caring for Your MOTUS Apparel
Following our garment instructions will help make sure that your apparel has a long, interesting life. In general, washing your apparel in cold water with mild laundry soap with like colors (non-toxic, biodegradable types preferred) and drying it on the line are the best ways to clean the MOTUS apparel. Do not use bleach when washing your MOTUS apparel. Do not iron your MOTUS apparel. Do no use fabric softeners when washing your MOTUS apparel, and do not dry clean your MOTUS apparel. BE SURE TO REMOVE THE MOTUS DEVICES FROM THE APPAREL PRIOR TO WASHING.
Repairing or Modifying your MOTUS System Device(s)
Never attempt to repair or modify your MOTUS devices yourself. Disassem- bling your MOTUS devices will void the warranty. Service should only be provided by an MOTUS Authorized Service Provider. If one of your MOTUS devices have been punctured, or subjected to a severe fall, do not use it until you contact an Authorized Service Provider. For service information, email firstname.lastname@example.org
Charging your MOTUS System
In charging your MOTUS system, use only the supplied MOTUS USB-to-USB cable connected to a high-power USB port on another device that is com- pliant with the USB 2.0 standard or a 5W USB Power Adapter or accessory specifically designed to work with your MOTUS system.
Read all safety instructions for any products and accessories before using your MOTUS system. MOTUS is not responsible for the operation of third-party accessories or their compliance with safety and regulatory standards.
When you use a 5W USB Power Adapter to charge your MOTUS system, make sure that the power adapter is fully assembled before you plug it into a power outlet. Then insert the 5W USB Power Adapter into the power outlet. Do not connect or disconnect the 5W USB Power Adapter with wet hands.
The 5W USB Power Adapter may become warm during normal use, however, your MOTUS system should never become hot. Always allow adequate ventilation around the 5W USB Power Adapter and use care when handling. Unplug the 5W USB Power Adapter if any of the following conditions exist:
Follow the Directions Provided in the Quick Start Guide Before Using the MOTUS System
Before using your MOTUS system, be sure to carefully follow all instructions in the Quick Start Guide included in the packaging with your product. The Quick Start Guide and/or the motusglobal.com website for your product will explain the proper placement of your MOTUS Apparel and correspond- ing MOTUS devices in order to record all data from your MOTUS system.
WARNING: Failure to use your MOTUS Apparel “as intended” in the Quick Start Guide can cause injury, harm and/or death.
Using Connectors and Ports
Never force a connector into a port on your MOTUS system. Check for obstructions on the port. If the connector and port do not join with rea- sonable ease, make sure that the connector and port are properly aligned before attempting to insert again.
Keeping Your MOTUS System Within Acceptable Temperatures
Operate your MOTUS system in a place where the temperature is between 0° and 35° C (32° to 95° F). Low or high temperature conditions might shorten battery life or cause your MOTUS system to capture and report skewed data or temporarily stop working properly. Avoid dramatic changes in temperature or humidity when using your MOTUS system, as condensation may form within the sensitive components of your MOTUS system. Store your MOTUS system in a cool dry place at room temperature.
Exposure to Radio Frequency Energy
Your MOTUS system contains radio transmitters and receivers, much like cell phones, pagers and other similar devices. When on, your MOTUS sys- tem sends and receives radio frequency (RF) energy through its antenna.
Your MOTUS devices have been tested and meets the Specific Absorption Rate (SAR) exposure requirements for Bluetooth operation. Your MOTUS devices are designed and manufactured to comply with the limits for exposure to RF energy set by the Federal Communications Commission (FCC) of the United States and Industry Canada (IC) of Canada. Your MOTUS devices have been tested and meets the FCC and IC RF exposure guidelines for wireless operation.
Using your Motusglobal.com Dashboard
MOTUS provides a free online tool – the motusglobal.com dashboard – to help track, manage and evaluate your activity progress. Use the dashboard appropriate to your product by going to the Motusglobal.com website
and click on your product from the Products toolbar on the top of the webpage. Use the dashboard to see your progress towards goals, analyze details about specific movements, activities or exercises, view historical graphs and log your statistics.
For Corporate Users: It is the responsibility of the corporate user to make its employees aware of the terms of this Product Information Guide and the corporate user requires all its employees to sign such required waivers. The corporate user and employees thereof agree to use the Motus system solely for commercial business purposes and in accordance with the corporate user’s policy. No other person is permitted to use the Motus system for any reason. If the corporate user or its employee voluntarily
relinquish physical possession of the Motus system to another person, such person will be liable for all damages incurred by that person to the extent allowable by applicable law.
For more information from the FCC about exposure to RF energy, see:
The FCC and the U.S. Food and Drug Administration (FDA) also maintain a consumer website at www.fda.gov/Radiation-EmittingProducts/de- fault.html to address inquiries about the safety of radio emissions. Check the website periodically for updates. For information about the scientific research related to RF energy exposure, see the EMF Research Database maintained by the World Health Organization at: www.who.int/emf
Certification and Compliance
Important: Changes or modifications to the MOTUS devices not authorized by Motus could void the Electromagnetic Capability (EMC) and wireless compliance and negate your authority to operate the product.
This product has demonstrated EMC compliance under conditions that included the use of compliant peripheral devices and shielded cables between system components. It is important that you use compliant peripheral devices and shielded cables between components to reduce the possibility of causing interference to radios, televisions, and other electronic devices.
FCC Compliance Statement
This device compiles with Part 15 of the FCC rules. Operation is subject to the following conditions: (1) this device may not cause harmful interfer- ence, and (2) this device must not accept interference received, including interference that may cause undesired operation.
Note: This equipment has been tested and found to comply with the limits for a Class B digital device, pursuant to part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful inter- ference in a residential installation. This equipment generates, uses and can
radiate radio frequency and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communica- tions. However, there is no guarantee that interference will not occur in a particular installation. If this equipment does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to try to correct the interfer- ence by one or more of the following measures:
Canadian Compliance Statement
Complies with the Canadian ICES-003 Class B specifications. This device complies with RSS 247 of Industry Canada. This Class B device meets all the requirements of the Canadian interference-causing equipment regulations.
This device complies with the Industry Canada license exempt RSS standards. Operation is subject to the following two conditions: (1) this device may not cause interference, and (2) this device must accept any interference, including interference that may cause undesired operation of the device.
Déclaration de conformité FCC
Le présent appareil est conforme aux à la section 15 de la règlementation FCC. L’exploitation est autorisée aux deux conditions suivantes:
(1) l’appareil ne doit pas produire de brouillage, et
(2) l’utilisateur de l’appareil doit accepter tout brouillage radioélec- trique subi, même si le brouillage est susceptible d’en compromettre le fonctionnement.”
Les changements ou modifications non approuvés expressément par Philips Oral Healthcare pourraient annuler l’autorité de l’utilisateur à utiliser l’équipement. Industrie Canada Déclaration de conformité
Le présent appareil est conforme aux CNR d’Industrie Canada applicables aux appareils radio exempts de licence. L’exploitation est autorisée aux deux conditions suivantes:
(1) l’appareil ne doit pas produire de brouillage, et
(2) l’utilisateur de l’appareil doit accepter tout brouillage radioélec- trique subi, même si le brouillage est susceptible d’en compromettre le fonctionnement.”
Remarque: Conservez cet addenda avec le manuel d’instruction original. 4235 020 4342
Warranty Obligator for Region or Country of Purchase
Country of Purchase - Motus Global, Driveline Baseball USA
Address: 19632 70th Avenue South, Unit 4-3
Kent, WA 98032
END-USER LICENSE AGREEMENT
to time, govern your use of the App and the Service . This EULA is a legally binding contract between you and Motus regarding your use of the Service. You may request a copy of this EULA by emailing us at email@example.com
PLEASE READ THE EULA CAREFULLY. BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE APP OR THE SERVICE,
YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE EULA. IF YOU DO NOT AGREE, YOU MAY NOT USE THE APP OR THE SERVICE.
You acknowledge and agree that, as provided in greater detail in the EULA:
1. Service Overview The Service provides users of our MOTUS software (“Software”) the ability to measure and track performance statistics related to their motion.
2. Eligibility You represent and warrant to us: (i) that you have not previously been suspended or removed from the Service; and (ii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to this EULA and you agree to be bound by this EULA on behalf of such organization.
3. Accounts and Registration When you register for an account, you may be required to provide us with some information about yourself (such as your name, e-mail address or other contact information). You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept respon- sibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at firstname.lastname@example.org.
4.1 Service Currently Motus does not charge owners of the software additional fees for use of the Service. However, Motus may begin charging fees, or change fees, for use of the Service, on a going-forward basis at any time. Before you are required to pay any fees for use of the Service, you will have an opportunity to review and accept the applicable fees that you will be charged.
6. App Terms The terms of this Section 6 govern your acquisition and use of App.
6.1 Third Party Accounts In order to download the App, you may be required by the third party who is distributing or providing you access to the App, such as Apple, Inc. or Amazon Digital Services LLC (each, a “Dis- tributor”) to create an account. You are solely responsible for maintaining the security of any logins, passwords, or other credentials that you select or that are provided to you to access your account with any Distributor. Your use of any account with a Distributor is subject to any terms, conditions, and policies, including privacy policies, of that Distributor. Motus is not responsible for any act or omission of any Distributor.
6.2 License to the App Subject to your complete and ongoing compliance with all the terms and conditions set forth in this EULA (including without limitation payment of any applicable fees and compliance with all license restrictions), Motus grants you (1) a limited, non-exclusive, non-transfer- able, non-sublicensable, revocable license to install and use one copy of the App downloaded directly from Motus or from a legitimate marketplace (such as Apple’s iTunes store or Kindle Store), solely in object code format and solely for your personal use for lawful purposes, on a single compatible mobile device that you own or control; and (2) permission to access and use the Service, only for your personal use, and solely through the use of a licensed copy of the App. You may not reproduce, distribute, publicly dis- play, or publicly perform the App or any part of the Service. Except if, and solely to the extent that, such a restriction is impermissible under applica- ble law, you may not (a) decompile, reverse engineer, or otherwise access or attempt to access the source code for the App, or make or attempt to make any modification to or derivative work of the App; or (b) interfere with or circumvent any feature of the App, including without limitation
any security or access control mechanism. You may not use the App or the Service for any purpose other than a purpose for which the App and the Service are expressly designed. The term App, as used herein, includes any update or modification to the App made available to you by Motus (unless provided with separate terms). If you are prohibited under applicable law from using the App or the Service, you may not use them.
6.3 Access to the App; Third Party Fees Motus does not provide you with the equipment to use the App. You are responsible for all fees charged by third parties to access and use the App (e.g., charges by mobile carriers). Without limiting the foregoing, you are solely responsible for the payment of all applicable fees associated with any carrier service plan you use in connection with your use of the Service (such as voice, data, SMS, MMS, roaming, other applicable fees charged by the carrier). Accordingly, you should use care in selecting a service plan offered by your carrier. If your device is lost or stolen, you must notify Motus immediately to suspend services.
6.4 Special Terms Regarding Apple If you download software from Apple, Inc.’s App Store, your use of the software must at all times be in accordance with the Usage Rules set forth in the Apple, Inc. App Store Terms of Service, and you acknowledge that this EULA is between you and Motus only, not with Apple. Apple is not responsible for the Service and the content thereof.
This Agreement is not intended to provide for usage rules for software that are less restrictive than the Usage Rules set forth for “Licensed Applications” in, or that otherwise conflict with, the App Store Terms of Service. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) maintenance and support; (iii) any claim that the Service fails to conform to any applicable legal or regu- latory requirement; and (iv) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary of this EULA. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
6.5 Special Terms Regarding Amazon If you download software from the Amazon Digital Services LLC’s Kindle Store, your use of the software must at all times be in accordance with the Use of Kindle Content set forth in
the Kindle Store Terms of Service, and you acknowledge that this EULA is between you and Motus only, not with Amazon. Amazon is not responsible for the Service and the content thereof.
7. User Content
7.1 Generally Certain features of the Service may permit users to post content, including messages, reviews, photos, video, images, folders, data, text, and other types of works (collectively, “User Content”) and to publish User Content on the Service. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Service.
7.2 Limited License Grant to Motus By posting or publishing User Content, you grant Motus a worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). Any such use of your User Content by Motus may be without any compensation paid to you.
7.3 Limited License Grant to Other Users By posting and sharing User Content with another user of the Service, you hereby grant that user a
non-exclusive license to access and use such User Content as permitted by this EULA and the functionality of the Service.
7.4 0. User Content Representations and Warranties You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you affirm, represent, and warrant that:
you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize Motus and users of the Service to use and distribute your User Content as necessary to exercise the
licenses granted by you in this Section 7 and in the manner contemplated by Motus and this EULA; and your User Content, and use of your User Content as contemplated by this EULA, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) slander, de- fame, libel, or invade the right of privacy, publicity or other property rights of any other person.
7.5 User Content Disclaimer We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Motus may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates this EULA or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or rem- edies you have or may have against Motus with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to this EULA, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Motus does not permit copyright-infringing activities on the Service.
8. Digital Millennium Copyright Act
8.1 DMCA Notification We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints with respect to material posted on the Service, you may contact our Designated Agent at the following address:
Driveline Baseball LLC, - 19632 70th Avenue South, Unit 4-3
Kent, WA, 98032
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
8.2 Repeat Infringers.Motus will promptly terminate without notice the accounts of users that are determined by Motus to be “repeat infringers.” A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had User Content removed from the Service more than twice.
9. Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
10. Third-Party Services and Linked Websites Motus may provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on Motus with an account on the third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using these tools, you agree that we may transfer such information to the applicable third-party service. Such third party services are not under our control, and we are not re- sponsible for their use of your exported information. The Service may also contain links to third-party websites. Such linked websites are not under our control, and we are not responsible for their content.
11. Termination of Use; Discontinuation and Modification of the Service If you violate any provision of this EULA, your permission to use the Service will terminate automatically. Additionally, Motus, in its sole discretion may terminate your user account on the Service or suspend or terminate your access to the Service at any time, with or without notice. We also reserve the right to modify or discontinue the Service at any time (in- cluding, without limitation, by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate your account at any time by contacting customer service at email@example.com. If you terminate your account, you will remain obligated to pay all outstanding fees, if any, relating to your use of the Service incurred prior to termination. If you or we terminate your account, you must immediately destroy all copies of the App and all of its component parts.
12. Feedback If you provide feedback to Motus regarding the Service (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Motus to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to Motus a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully subli- censable right to use the Feedback in any manner and for any purpose.
13.2 Additional Terms Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to on the Service (the “Additional Terms”), such as end-user license agreements for any downloadable applications that we may offer, or rules applicable to
particular features or content on the Service, subject to Section 14 below. All such Additional Terms are hereby incorporated by reference into, and made a part of, this EULA.
14. Modification of this EULA We reserve the right, at our discretion, to change this EULA on a going-forward basis at any time. Please check this EULA periodically for changes. If a change to this EULA materially modifies your rights or obligations, you will be required to accept such modified terms in order to continue to use the Service. Material modifications are effective upon your acceptance of such the modified EULA. Immaterial modifications are effective upon publication. For the avoidance of doubt, disputes arising under this EULA will be resolved in accordance with this EULA in effect that the time the dispute arose.
15. Ownership; Proprietary Rights The Service is owned and operated by Motus. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, Software, services, and all other elements of the Service (the “Materials”) provided by Motus are protected by all relevant intellectual property
and proprietary rights and applicable laws. All Materials contained in the Service are the property of Motus or our third-party licensors. Except as ex- pressly authorized by Motus, you may not make use of the Materials. Motus reserves all rights to the Materials not granted expressly in this EULA.
16. Indemnity You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless Motus and its officers, directors, employees, consultants, affiliates, subsidiaries, agents, and Distributors (collectively, the “Motus Entities”) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Service; (ii) your violation of this EULA or any representation, warranty, or agreements referenced in this EULA, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
17. Disclaimers; No Warranties
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE MOTUS ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WAR- RANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE MOTUS ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PART OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE MOTUS ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THIS EULA. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALINGS WITH OTHER SERVICE USERS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATE- RIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND AS BETWEEN YOU AND MOTUS, YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA OR ANY OTHER LOSS THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
18. Limitation of Liability
IN NO EVENT WILL THE MOTUS ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE MOTUS ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU AGREE THAT THE AGGREGATE LIABILITY OF THE MOTUS ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE) OR OTHERWISE UNDER THIS EULA, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO MOTUS FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM OR (ii) $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THIS EULA THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS EULA BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS EULA. THE LIMITATIONS IN THIS SECTION 18 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
19. Governing Law This EULA is governed by the laws of the State of New York without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Motus agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Nassau County, New York for the purpose of litigating all such disputes. We operate the Service from our offices in New
York, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
authorized representatives of all parties to this EULA. You may not assign or transfer this EULA or your rights hereunder, in whole or in part, by opera- tion of law or otherwise, without our prior written consent. We may assign this EULA at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of this EULA or any provision of this EULA constitute a waiver of any subsequent breach or de- fault or a waiver of the provision itself. Use of section headers in this EULA is for convenience only and will not have any impact on the interpretation of particular provisions. If any part of this EULA is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of this EULA, any provision that by its nature or express terms should survive will survive such termination or expiration, including Sections 2, 3, 11, 12, 13, and 15 through 23.
21. Dispute Resolution and Arbitration
21.1 Generally In the interest of resolving disputes between you and Motus in the most expedient and cost effective manner, you and Motus agree that any and all disputes arising in connection with this EULA will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of this EULA, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of this EULA. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS EULA, YOU AND MOTUS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
21.2 Exceptions Notwithstanding Section 21.1, we both agree that nothing in this EULA will be deemed to waive, preclude, or otherwise limit either of our right to: (i) bring an individual action in small claims court;
(ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address intellectual property infringement claims.
21.3 Arbitrator Any arbitration between you and Motus will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this EULA, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Motus.
21.4 Notice; Process A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Fed- eral Express (signature required), or if we do not have a physical address on file for you, by electronic mail (“Notice”). Motus’ address for Notice is: Core Sports Technology Group LLC, - DBA Motus Global 200 Sunrise Highway (Floor 2) Rockville Centre, NY, 11570. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Motus may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Motus must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If our dispute is finally resolved through arbitration in your favor, Motus will pay you: (a) the amount awarded by the arbitrator, if any; (b) the last written settlement amount offered by Motus in settlement of the dispute prior to the arbitra- tor’s award; or (c) $1,000.00, whichever is greater.
21.5 No Class Actions YOU, DRIVELINE AND MOTUS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Motus agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a repre- sentative or class proceeding.
21.6 Modifications If Motus makes any future change to this arbitration provision (other than a change to Motus’ address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Motus’ address for Notice, in which case your account with Motus will immediately be terminated and this arbitration provision, as in effect immediately prior to the amendments you reject will survive.
21.7 Enforceability If Section 21.6 is found to be unenforceable or if the entirety of this Section 21 is found to be unenforceable, then the entirety of this Section 21 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 19 will govern any action arising out of or related to this EULA.
23. Contact Information The services hereunder are offered Core Sports Technology Group LLC, -DBA Motus Global located at 200 Sunrise Highway (Floor 2), Rockville Centre, NY 11570. You may contact us by sending correspondence to the foregoing address or by emailing us at support@ motusglobal.com. If you are a New York resident, you may have this EULA mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for this EULA.
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-IN- FRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEAL- INGS IN THE SOFTWARE.
CONSUMER LIMITED WARRANTY MOTUS PRODUCTS
Core Sports Technology Group, LLC d/b/a Motus Global of 200 Sunrise Highway, 2nd Floor, Rockville Centre, NY 11570 (“Motus” or the “Company”) provides a limited consumer hardware warranty to the original consumer (non-commercial) user (the “Customer”) of Motus’ MOTUS product. This limited warranty is non-transferable and does not extend to product used in any manner other than by an individual consumer in a non-commercial use. All other warranties are excluded as provided below
Subject to the exclusions, limitations, and conditions stated below, Motus warrants that this Motus product will be free from defects in workmanship and materials, under normal consumer (non-commercial) use, for a period of one (1) year from the original purchase date.
LIMITATIONS AND EXCLUSIONS:
This warranty excludes (1) cosmetic or physical damage to the surface of the product, including cracks or scratches; (2) damage caused by misuse, neglect, improper installation or testing, unauthorized attempts to modify the product, attempted servicing by anyone other than an authorized service representative of Motus or any other cause beyond the range of the intended use; (3) damage caused by accident, fire, water or liquids, power changes, other hazards, or acts of God; (4) use of the product with any non-Motus device, component, such as chargers or connection cables, or service if such device, component or service causes the problem; (5) use of this product for any non-consumer, commercial or rental purpose; or (6) software installed on or with this Motus product.
Any third-party products, including software included with this Motus product, are not covered by this Consumer Limited Warranty, and the Company makes no representations or warranties on behalf of such third parties. Any warranty on such third party products is from the supplier or licensor of the third-party product.
Important: Do not open the Motus device. Opening the Motus device may cause damage that is not covered by this warranty. Only Motus or an authorized Motus service representative should perform service on this Motus product. Opening the Motus device shall void this warranty.
EXCLUSIVE REMEDIES AND PROCEDURE:
Motus’ total obligation under this warranty shall be, at Motus’ sole discre- tion, to repair or replace the product or part with a comparable product
or part, or if neither repair nor replacement is reasonably available, Motus may refund to Customer the purchase price paid for the product or part.
Replacement products or parts may be new or reconditioned. Parts removed by Motus shall become the sole property of Motus.
To obtain warranty service for Motus products, the Customer must contact the applicable Motus customer service center noted in the “Warranty Obligor for Region or Country of Purchase” section above for a return authorization code, and return the unit shipping prepaid, with proof of the date of original purchase and return authorization code.
Shipping labels must contain the return authorization code.
ANY shipments sent for warranty service WITHOUT the appropriate return authorization code will be refused and returned to Customer at Customer’s expense. Motus will not be responsible for any loss or damage to the product incurred while the product is in transit from Customer for repairs. Customer should, as a precaution, purchase adequate insurance for the unit while it is in transit.
Motus’ repair or replacement of defective parts does not extend the term of this Limited Warranty, which shall expire upon the expiration of the applicable Consumer Limited Warranty period from the date of original purchase.
No oral or written information or advice given by Motus or its dealers, distributors, employees or agents shall in any way extend, modify or add to this Limited Warranty.
THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHERWARRANTIES, EXPRESS OR IMPLIED, INCLUDING
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, CORRESPONDENCE WITH DESCRIPTION, AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
THIS MOTUS PRODUCT IS NOT WARRANTED FOR COMMERCIAL, NON-CON- SUMER, USE. WITH RESPECT TO COMMERCIAL USE OF THIS MOTUS PROD- UCT, MOTUS MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, CORRESPONDENCE WITH DESCRIPTION, AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
LIMITATION OF LIABILITY:
IN NO EVENT SHALL MOTUS BE LIABLE, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT, ACCESSORY OR SOFTWARE, OR FOR ANY INDI- RECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND OR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, SOFTWARE OR APPLICATIONS OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE ABILITY OR INABILITY TO USE THE PRODUCTS, ACCESSORIES OR SOFTWARE TO THE FULL EXTENT THESE DAMAGES MAY BE DISCLAIMED BY LAW.
EVEN IF MOTUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, MOTUS’ ENTIRE LIABILITY SHALL BE LIMITED TO COSTS OF REPLACEMENT, REPAIR, OR REFUND OF THE PURCHASE PRICE PAID, AT THE SOLE OPTION OF THE COMPANY.
Some states and jurisdictions do not allow the limitation or exclusion of incidental or consequential damages, or limitation on the length of an implied warranty, so the above limitations or exclusions may not apply to you. This warranty may give you specific legal rights, and you may also have other rights that vary from state to state or from one jurisdiction to another.
This Consumer Limited Warranty shall be governed by the laws of the State of New York, excluding conflicts of laws principles. The United Nations Con- vention on Contracts for the International Sale of Goods is hereby excluded in its entirety from application to this Limited Warranty.
Warning:Changes or modifications to this unit not expressly approved by the party responsible for compliance could void the user authority to operate the equipment.
Warning:This product may contain a chemical known to the State of California to cause cancer or birth defects or other reproductive harm.
Revision No.: www.motusglobal.com/motuspolicy.html