Kijiji Reader 20.9.5.17

EULA - End User License Agreement

Ownership of Product and Site; Agreement to Terms of Use
These Terms and Conditions of Use (the "Terms of Use") apply to the Kijiji Reader Software and Motion Technologies (www.motiont.com) web site, and all associated sites linked to www.motiont.com by Motion Technologies, its subsidiaries and affiliates. BY USING THE SITE AND THE SOFTWARE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE AND SOFTWARE. By using Kijiji Reader you agree to all of our Terms, Policies and Conditions.
Motion Technologies reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the software following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Motion Technologies grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the software. www.motiont.com and Kijiji Reader software are not responsible for any type of damage or harm to your operating system, do not promise that SERVICE OR FEATURE OF THE SITE AND SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED.

Content
We are not responsible nor owners for any of the All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site/Software is owned, controlled or licensed by or to Kijiji Reader, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. We are not affiliated with Kijiji.com
Except as expressly provided in these Terms of Use, no part of the Site/Software and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Motion Technologies express prior written consent.

Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site/Software, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site/Software or for any service offered on or through the Site/Software, the latter terms shall control with respect to your use of that portion of the Site/Software or the specific service.
Motion Technologiess obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site and Software should be construed to alter such agreements.

Motion Technologies may make changes to any products or services offered on the Site/Software, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site/Software with respect to products and services may be out of date, and Motion Technologies makes no commitment to update the materials on the Site/Software with respect to such products and services.
Privacy
Motion Technologies Privacy Policy applies to use of this Site/Software, and its terms are made a part of these Terms of Use by this reference. We strongly enforce privacy matter, and no privacy details will be shared or sold to/with anyone. Additionally, by using the Site/Software, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site/Software may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites and to the Motion Technologies Site
This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Motion Technologies control, and Motion Technologies is 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 judgment regarding your interaction with these Linked Sites.

Disclaimers
Motion Technologies DOES NOT PROMISE THAT THE SITE/SOFTWARE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE/SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE/SOFTWARE WILL PROVIDE SPECIFIC RESULTS. THE SITE/SOFTWARE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE/SOFTWARE IS SUBJECT TO CHANGE WITHOUT NOTICE. Motion Technologies CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE/SOFTWARE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. Motion Technologies DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Motion Technologies DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE/SOFTWARE AND/OR ANY Motion Technologies SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE/SOFWARE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST Motion Technologies FOR DISSATISFACTION WITH THE SITE/SOFTWARE OR ANY CONTENT IS TO STOP USING THE SITE/SOFTWARE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Motion Technologies reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site/Software, or any portion of the Site/Software, for any reason; (2) to modify or change the Site/Software, or any portion of the Site/Software, and any applicable policies or terms; and (3) to interrupt the operation of the Site/Software, or any portion of the Site/Software, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability
Except where prohibited by law, in no event will Motion Technologies be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Motion Technologies has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, Motion Technologies is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site/Software or any Content, Motion Technologies liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site/Software paid in the six months prior to the date of the initial claim made against Motion Technologies (but not including the purchase price for any Motion Technologies hardware or software product.), or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity
You agree to indemnify and hold Motion Technologies, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys fees), made against Motion Technologies by any third party due to or arising out of or in connection with your use of the Site or Software.

Violation of These Terms of Use
Motion Technologies may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site/Software, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Motion Technologies rights or property, or the rights or property of visitors to or users of the Site/Software, including Motion Technologies customers. Motion Technologies reserves the right at all times to disclose any information that Motion Technologies deems necessary to comply with any applicable law, regulation, legal process or governmental request. Motion Technologies also may disclose your information when Motion Technologies determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Motion Technologies may preserve any transmittal or communication by you with Motion Technologies through the Site/Software or any service offered on or through the Site/Software, and may also disclose such data if required to do so by law or Motion Technologies determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Motion Technologies, its employees, users of or visitors to the Site/Software, and the public.
You agree that Motion Technologies may, in its sole discretion and without prior notice, terminate your access to the Site/Software and/or block your future access to the Site/Software if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site/Software. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Motion Technologies, for which monetary damages would be inadequate, and you consent to Motion Technologies obtaining any injunctive or equitable relief that Motion Technologies deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Motion Technologies may have at law or in equity.
You agree that Motion Technologies may, in its sole discretion and without prior notice, terminate your access to the Site/Software, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site/Software or any service offered on or through the Site/Software, or (4) unexpected technical issues or problems.
If Motion Technologies does take any legal action against you as a result of your violation of these Terms of Use, Motion Technologies will be entitled to recover from you, and you agree to pay, all reasonable attorneys fees and costs of such action, in addition to any other relief granted to Motion Technologies. You agree that Motion Technologies will not be liable to you or to any third party for termination of your access to the Site/Software as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site/Software, including all disputes, will be governed by the laws of the Indiana without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Indiana, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys fees. In the event of any controversy or dispute between Motion Technologies and you arising out of or in connection with your use of the Site/Software, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited
Motion Technologies administers and operates the www.motiont.com Site from its location in Indiana. Although the Site/Software is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site/software are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Motion Technologies reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site/Software is void where prohibited. If you choose to access the Site/Software from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Refund Policy
We do not provide refunds for any matter.

Miscellaneous
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Motion Technologies with regard to your use of the Site/Software, and any and all other written or oral agreements or understandings previously existing between you and Motion Technologies with respect to such use are hereby superseded and cancelled. Motion Technologies will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Motion Technologies failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Motion Technologies of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Motion Technologies and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Motion Technologies provides access to Motion Technologies international data and, therefore, may contain references or cross references to Motion Technologies products, programs and services that are not announced in your country. Such reference does not imply that Motion Technologies in your country intends to announce such products, programs or services.
Feedback and Information
Any feedback you provide at this site/Software shall be deemed to be non-confidential. Motion Technologies shall be free to use such information on an unrestricted basis.
The information contained in this web site is subject to change without notice.
Copyright © 2008 Motion Technologies Inc. All rights reserved.
Updated by The Motion Technologies Legal Team on 2/14/2008