Last updated April 2020
Our website www.PerfectMotion.io and smartphone app PerfectMotion is operated by and created and offered by PerfectMotion, LLC (“PM”). Throughout the website and app, the terms “we”, “us” and “our” refer to PM. PM offers this website and app, including all information, tools, content and services available from this website and app to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Section 1 – Online Store and App Terms
Section 2 – General Conditions
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We do not collect credit card information.
Section 3 – Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available via the Services is not accurate, complete or current. The material on this App is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk.
This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the content of this website and app at any time, but we have no obligation to update any information on our website or app. You agree that it is your responsibility to monitor changes to our website and app.
Section 4 – Modifications to the Service and Prices
Prices for our Services are subject to change without notice. We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Section 5 – Products and Services
Certain Services are available exclusively online through the website or app. These Services may have limited quantities. We have made every effort to display as accurately as possible the colors and images of our Services that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Services that we offer. All descriptions of Service pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Service at any time. Any offer for any Services made on this website is void where prohibited.
We do not warrant that the quality of any Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Section 6 – Accuracy of Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, so that we can contact you as needed.
Section 7 – Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the website or app is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
Section 8 – Third-Party Links
Certain content and Services available via our Service may include materials from third-parties. Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 9 – User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions, or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Section 10 – Personal Information
Section 11 – Errors, Inaccuracies and Omissions
Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Section 12 – Prohibited Uses
PM reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses set forth herein. PM further reserves the right to restrict, suspend, or terminate Your access to the Services without notice for any or no reason.
Section 13 – Disclaimer or Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free, nor that the results that may be obtained from the use of the Services will be accurate or reliable.
You agree that from time to time we may remove a Service for indefinite periods of time or cancel the Service at any time, without notice to you and that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall PM, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Section 14 – Intellectual Property and Trademarks
The Services are protected under United States and international patent, copyright, trademark, trade secret and/or other intellectual property or proprietary rights laws. The Services are the property of PM or its licensors. The compilation, collection, arrangement, or assembly of all content on the Services are the exclusive property of PM. You must preserve all patent, copyright, trademark, service mark, and/or other proprietary notices contained in the Services, as originally provided or modified. Any code or software code that PM creates to generate or display any of the Services are also protected by PM copyrights and you may not copy or adapt such code.
The name, the Logo and all related names, logos, product and service marks, design and slogans are trademarks of PM or its affiliates or licensors. You must not use such marks without the prior written permission of PM. All other names, logos, product and service names, designs and slogans on the Services are the trademarks or copyrights of their respective owners.
Section 15 – Indemnification
Section 16 – Severability
Section 17 – Termination
Section 18 – Entire Agreement
Section 19 – Governing Law