Terms of Service

Terms and Conditions
General Site Usage

Last Revised November 1st, 2019

Welcome to the Motus App, www.motuslearning.com/Motusapp. This site is provided as a service to our subscribers and may be used for informational purposes only. Because the Terms and Conditions contain legal obligations, please read them carefully.

1. YOUR AGREEMENT

By using this Site, you agree to be bound by, and comply with, these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not use this site.

PLEASE NOTE: We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms and Conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised Terms and Conditions and the reasonableness of these standards for notice of changes. For your information, this page was last updated as of the date at the top of these terms and conditions.

2. PRIVACY

Please review our Privacy Policy, which also governs your visit to this Site, to understand our practices.

3. LINKED SITES

This Site contains links to other independent third-party Websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under our control, and we are not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgement regarding your interaction with these Linked Sites.

4. FORWARD LOOKING STATEMENTS

All materials reproduced on this site speak as of the original date of publication or filing. The fact that a document is available on this site does not mean that the information contained in such document has not been modified or superseded by events or by a subsequent document or filing. We have no duty or policy to update any information or statements contained on this site and, therefore, such information or statements should not be relied upon as being current as of the date you access this site.

5. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

  1. This site may contain inaccuracies and typographical errors. The recommended activities are evidence based but we do not warrant the accuracy or completeness of the materials or the reliability of any advice opinion statement or other information displayed or distributed through the site. You expressly understand and agree that: (i) Your use of the site, including any such opinion, advice, statement, memorandum, or information contained herein, shall be at you and your school’s sole risk; (ii) The site is provided on an “as is” and “as available” basis; (iii) Except as expressly provided herein we disclaim all warranties of any kind, whether expressed or implied, including, but not limited to implied warranties or merchantability, fitness for a particular purpose, workman like effort, title and non-infringement; (iv) We make no warranty with respect to the results that may be obtained from this Site, the Products or Services advertised or offered or merchants involved; (v) Any material downloaded or otherwise obtained through the use of this Site is done at your own discretion and risk; and (vi) You will be solely responsible for any damage to your computer system or for any loss of data that results from the download of any such material.
  2. You understand and agree that under no circumstances, including, but not limited to, negligence, shall we be liable for any direct, indirect, incidental, special, punitive or consequential damages that result from the use of, or the inability to use, any of our sites or materials or functions on any such site, even if we have been advised of the possibility of such damages. This includes injuries sustained in the stay active activities and any safeguarding information that is disclosed. If a child is injured in any way, we advise that the child does not participate in the activity. If a child discloses issues of safeguarding, we advise that the school follow their safeguarding procedures. The foregoing limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

6. EXCLUSION AND LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, our liability in such jurisdiction shall be limited to the maximum extent permitted by the law.

7. PROPRIETARY RIGHTS AND LICENCES

7.1. Reservation of Rights. The Motus Service and the Content are the property of Motus Learning or Motus Learning’s licensors. We grant you a limited, non-exclusive, revocable licence to make use of the Motus App, and a limited, non-exclusive revocable licence to make personal, non-commercial, entertainment use of the Content (the “Licence”). This Licence shall remain in effect until and unless terminated by you or Motus Learning. You promise and agree that you are using the Content for your own personal, non-commercial, educational use and you will not redistribute or transfer the Motus Service or the Content.

The Motus software application and the Content are licenced, not sold, to you, and Motus Learning and its licensers retain ownership of all copies of the Motus software application and Content even after installation on your personal computer.

You agree not to (a) Modify, alter, or deface any of the trademarks, service marks, trade dress (collectively “Trademarks”) or other intellectual property made available by us in connection with the Site; (b) Hold yourself as in any way sponsored by, affiliated with, or endorsed by us, or any of our affiliates or service providers; (c) Use any of the Trademarks or other content accessible through the Site for any purpose other than the purpose for which we have made available to you; (d) defame or disparage us, our Trademarks, or any aspect of the Site; and (e) Adapt, translate, modify, decompile, disassemble, or reverse engineer the Site or any software or programs used in connection with it or its products and services.

No rights are granted to You hereunder other than as expressly set fourth herein.

7.2. Access you and Use of Content. You have the right to access and use applicable Content subject to the terms of applicable Order Forms, this Agreement and the Documentation.