Terms of Use

Welcome to MOMENTIFI's ("we" or "US") Terms of Use ("Agreement") page. We own and operate the following site and the materials contained THEREon: http://www.momentifi.com ("Site"). THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, DO NOT USE THIS SITE. If you have any questions please feel free to contact us at 888-608-9800.

1. PRIVACY

The Privacy Policy contained on the Site is incorporated in this Agreement by reference, but this Agreement shall govern any conflict or inconsistency with such Privacy Policy. If you are under the age of 13 you may view the materials on this Site, but if you wish to enter into any transactions on or through this Site or otherwise participate in areas of this Site which require you to enter personal information, you may not do so without the consent of a parent or legal guardian.

2. PERMITTED USE AND RESTRICTION ON USE

PERMITTED USE The Site contains material which is derived in whole or in part from material supplied by us and other sources, and is protected by U.S. and international copyright, trademark and other applicable laws. You may download, use, modify and reproduce only those materials that you are invited to download and customize ("Customized Materials") from the Site for your individual use; provided, however, you will not provide the Customized Materials to any other person in a manner other than for which it was intended, including, without limitation, any person in the business organization in which you are employed.

RESTRICTIONS ON USE You may only access the Site if you have a fully paid membership; only the member is entitled to access the Site. You agree not to sell, publish, distribute, retransmit or otherwise provide access to the Site or content received through the Site to anyone, including your fellow employees. You agree not to create abstracts from, scrape or display from our content for use on another web site or service.

You agree not to post any content from the Site to newsgroups, mail lists or electronic bulletin boards, without our written consent. To request consent for this and other matters, please contact admin@momentifi.com. Except for the Customized Materials, no other materials (including but not limited to the text, images, audio and/or video) and no code or software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software) (collectively, the "Other Materials") (the Other Materials and the Customized Materials and all works delivered to you upon and in connection with your Momentifi membership are collectively the "Materials"), may be copied, reproduced, republished, uploaded, posted, publicly displayed, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled or otherwise reduced to a human-perceivable form.

Modification of the Materials other than the Customized Materials or use of the Materials for any other purpose than online viewing is a violation of Momentifi's or such other sources' copyright, trademark and other proprietary rights. Momentifi grants you individually a limited license in the Materials during usage, but Momentifi does not transfer title to the Materials to you. You may own the medium on which the Materials are recorded, but Momentifi retains full and complete title to the Materials and all intellectual property rights therein.

You may not distribute any of the Materials to others, in a manner other than for which it was intended, including, without limitation, any person in the business organization by which you are employed or otherwise affiliated, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Materials. The use of any such Materials on any other website or networked computer environment is prohibited.

You agree to abide by all applicable local, state, and federal laws, regulations, statutes, rules and ordinances, in connection with your use of the Site. Without limiting the foregoing, you shall not use the Site to: (a) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses; (c) transmit or post unlawful, harassing, bigoted, racist, hateful, libelous, abusive, tortious, defamatory, threatening, harmful, invasive of another’s privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; (d) transmit or post any material that may infringe the intellectual property rights or other rights of third parties, including trademark, trade secret, copyright or right of publicity; (e) transmit or post any material that contains software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs and cancelbots; (f) interfere with or disrupt servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (g) attempt to gain unauthorized access to the Site or computer systems or networks connected to the Site through password mining or any other means; (h) harass or interfere with another user’s use and enjoyment of the Site; or (i) transmit or post, or promote the transmission or posting of, an illegal or unauthorized copy of another person’s work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devises, or providing pirated content or links to pirated content files. In addition, you agree not to use any device, software, or routine, including but not limited to any viruses, worms, time bombs, to interfere or attempt to interfere with the proper working of the Site, or to intercept any system, data or personal information from the Site, nor will you take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure.

You, not Momentifi, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all data you provide to Momentifi and/or enter into the Site. Momentifi shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any data, or for any actions or omissions which Momentifi takes in reliance upon your data.

In the event that we distribute any open source software to you as part of the Site or Materials then such open source software is subject to the terms of the applicable open source license. There are no warranties provided with respect to any open source software and all implied warranties are disclaimed. In the event of any conflict between the terms herein and the applicable open source license with respect to any open source software, the terms of the applicable open source license shall control.

In the event that you cease to be a member in good standing with the Momentifi, your rights with respect to Materials shall automatically cease, and you shall not make any use of any Materials, and you shall destroy any Materials in your possession.

3. YOUR ACCOUNT

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Solely to enable Momentifi to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in your information, all in any media now known or not currently known. Momentifi will only use your information in accordance with our Privacy Policy.

4. MEMBERSHIP RENEWAL

After you become a registered Member, and after the initial membership period of one month or one year as the case may be, Momentifi automatically charges your credit card each renewal period at the then current membership renewal rate until you cancel your subscription by contacting our office either by phone, email, US mail or other transmission. Membership renewals are auto-charged on the monthly or annual anniversary of your purchase date. If you cancel your membership prior to the next charge date, your membership will continue through the month and end on the day that coincides with the day of the month of your original registration date.
Membership fees are not refundable for the initial membership period or any partial month in which a membership is cancelled.

5. COMMUNICATIONS/SUBMISSIONS

When you visit the Site or send e-mails to the Site, you are communicating with Momentifi electronically. You consent to receive communications from Momentifi electronically. Momentifi will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that Momentifi provides to you electronically satisfy any legal requirement that such communications be in writing. Any creative materials which you post on the Forums (as defined in Section 6 below) or transmit to the Site or Momentifi by electronic mail, telephone conference call, live or recorded interview, or otherwise, including creative suggestions, ideas, notes, drawings, concepts or other information, communications including any data, questions, comments, suggestions, or the like (collectively, the "Information") shall be, shall be deemed, and shall remain, the property of Momentifi.

None of the Information shall be subject to any obligation of confidence on the part of Momentifi and Momentifi shall not be liable to you or any third party for any use or disclosure of any Information. You hereby grant to Momentifi a non-exclusive license to use in perpetuity, throughout the universe, any now known or hereafter existing rights to the Information of every kind and nature, including without limitation, the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute or incorporate the Information for any purpose whatsoever, commercial or otherwise, without compensation to you, or the provider of the Information.

6. LINKED SITES

Momentifi is not necessarily affiliated with sites that may be linked to the Site ("Linked Sites") and is not responsible for their content. The existence of such links does not indicate any approval, endorsement or authentication of any material appearing on such linked sites or any association between Momentifi and their owners or operators. You assume sole responsibility for use of third party links.

7. FORUMS

The Site may include bulletin boards, chat rooms, e-mails or other forums ("Forums"). Momentifi is not responsible for any material posted on the Forums, and it is a condition of your use of the Forums and the Site that you shall not upload, transmit, distribute or otherwise publish through such Forums any content which: violates any law; libels; defames; is obscene; hateful; racist; harassing; vulgar; pornographic; abusive; threatening; profane or indecent, including images and language; infringes any intellectual property rights of a person or entity, including without limitation, violating a copyright or trademark or other proprietary right or derivative works with respect thereto; violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights; in any way exploits any information; software or other material for commercial purposes or which contains advertising; promotion or marketing without the express written permission of Momentifi (if such consent is given, only pursuant to the terms and conditions designated in the written permission from Momentifi); is for the benefit of any business entity in which you have a direct or indirect financial interest without the express written permission of Momentifi (if such consent is given, only pursuant to the terms and conditions designated in the written permission from Momentifi); solicits gambling or engages in any gambling activity; contains a virus or other harmful component; advocates illegal activity; solicits any illegal act; uses the service for any purpose other than which it is intended; impersonates any person; or uses forged headers or other identifying information in a defamatory way.

While Momentifi does not and cannot review every message posted by users in the Forums and is not responsible for the content of these messages, Momentifi reserves the right to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or unacceptable as set forth herein, above or otherwise. You acknowledge that Momentifi reserves the right to, and may from time to time, monitor any and all information transmitted or received, for operational and other purposes. Your use of this Site constitutes consent to such monitoring. Momentifi will cooperate with any and all appropriate legal authorities in investigating claims of illegal activity, including, but not limited to illegal transfer or use of copyrighted material or other illegal activity. Momentifi reserves the right to immediately terminate its service to any customer for any violation of this Agreement.

8. TERMINATION AND FEES EARNED

TERMINATION BY Momentifi
Momentifi reserves the right to terminate this Agreement for any reason whatsoever. Momentifi reserves the right to modify or discontinue this Site, or any portion thereof (including Forums) without notice to you or any third party.

TERMINATION BY YOU
You may terminate this Agreement upon notice to Momentifi. Upon termination, you must destroy all Materials obtained from this Site and all copies thereof, whether made under the terms of this Agreement or otherwise. You may maintain copies of Materials previously used by you for archival purposes and you agree not to use any Materials on a go forward basis. In the event of termination, you are no longer authorized to access the Site or any portion thereof. The restrictions imposed on you with respect to Materials downloaded from the Site, your indemnity and all disclaimers and limitations of liabilities set forth in this Agreement shall survive the termination of this Agreement.

NO REFUNDS
Due to the nature of the Site, our delivery and disclosure to you of Materials by Momentifi, and your personal commercial use thereof, the annual fee to Momentifi is truly earned on upon commencement of your access to the Site. As a result, there will be no refunds, in whole or in part.

9. CONTINUITY OF SERVICE

Momentifi makes every effort to keep its service up and running. However, Momentifi cannot and will not guarantee 100% uptime of our service and operation of the Site may be interfered with by numerous factors outside of our control. In no event shall Momentifi be liable for any disruption of service.

10. DISCLAIMERS AND LIMITATIONS ON LIABILITY

Your receipt of Momentifi certification, use of the Momentifi certification mark, use and browsing of the Site is entirely at your own risk. If you are dissatisfied with the Momentifi certification or your use of the Momentifi certification mark, the Site, any of the Materials contained in the Site including, without limitation, the conference calls and other Momentifi communications, voicemails, and electronic transmittals to members, this User Agreement or if the Site is not functioning to your expectations, your sole and exclusive remedy is to discontinue accessing and using the Site and to renounce Momentifi certification, and use of the Momentifi certification mark. Please see Section 8 above regarding Momentifi's refund policy.

Neither the publisher nor the authors of this Site are engaged or intend to engage in rendering legal, accounting or any other professional services. This Site, any content therein, and any other external hyperlinks referenced in this site are offered for informational purposes only. Information given here should not be substituted for sound counseling by a qualified attorney or other professional person. Momentifi contains facts, views, opinions, statements and recommendations of third party individuals and organizations. Momentifi does not represent or endorse the accuracy, correctness or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Site.

You should regard statements as non-factual in nature to constitute current opinions, which are subject to change. With respect to statements factual in nature, including information regarding the past performance of investments or with respect to historical data regarding interest rates, you should be aware that past performance is no guarantee of future results and the historical information that may be provided does not predict future activity. Any reliance upon any such opinion, advice, statement or information is at your sole risk. Without limiting the generality of the foregoing, Momentifi is not qualified or authorized to give legal advice, including but not limited to investment and regulatory advice or securities recommendations. If you wish to obtain investment advice or securities recommendations, you should consult a licensed investment adviser or securities dealer. You should not regard any comment or expression of opinion of any person provided on the Site or otherwise to the members as legal advice or securities recommendations nor should you act upon any investment advice given or securities recommendations made to you by a person who is not qualified or licensed to give such advice or to make such recommendations (including Momentifi).

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL MOMENTIFI, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), INDIRECT OR PUNITIVE DAMAGES ARISING OUT OR RELATED TO OF YOUR MOMENTIFI CERTIFICATION, USE OF THE MOMENTIFI CERTIFICATION MARK, ACCESS TO, USE OF OR INABILITY TO USE, THE SITE, EVEN IF MOMENTIFI WAS ADVISED BEFORE HAND OF SUCH POSSIBILITY.

MOMENTIFI DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM MOMENTIFI ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOMENTIFI IS NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGES TO, OR INFECTIONS OR CONTAMINATION OF YOUR SYSTEM, COMPUTER, EQUIPMENT, OR OTHER PROPERTY, OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SITE OR WITH RESPECT TO THE MATERIAL CONTAINED ON THE SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY MOMENTIFI OR ANYONE ELSE. IN NO EVENT SHALL MOMENTIFI'S TOTAL LIABILITY FOR ALL LOSSES, DAMAGES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR OTHERWISE) EXCEED THE ANNUAL AMOUNT PAID BY THE ACCOUNT HOLDER, FOR ACCESSING THE SITE.

THE SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.

IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. NEITHER WE NOR OUR MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR PROVIDERS TAKE ANY RESPONSIBILITY OR ASSUME ANY LIABILITY FOR ANY CONTENT UPLOADED OR OTHERWISE TRANSMITTED BY YOU OR ANY THIRD PARTY, OR FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE, OR PROFANITY YOU MAY ENCOUNTER IN USING THE SITE. YOU AGREE TO HOLD HARMLESS US AND OUR MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND PROVIDERS, AND THE PARTIES WITH WHOM WE HAVE CONTRACTED FOR PURPOSES OF HOSTING OR MAINTAINING THIS SITE FROM ALL CLAIMS BASED UPON COMMUNICATIONS, MATERIALS OR CONTENT UPLOADED OR OTHERWISE TRANSMITTED BY YOU ON THE SITE.

Momentifi cannot ensure that you will be satisfied with Momentifi certification, your use of the Momentifi certification mark, or any products or services that may be advertised on the Site or that you may purchase from a third-party site that may be on, or linked to or from the Site, since such product or services may be owned and operated by independent retailers. Momentifi has not taken any steps to confirm the accuracy or reliability of any of the information contained in such advertisements or third-party sites. Momentifi does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against Momentifi, its affiliated companies, affiliates and their respective directors, officers, employees and agents with respect to such sites. Momentifi strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

11. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Momentifi, its parents, subsidiaries, affiliates and their respective directors, officers, employees and agents from and against any and all threatened or actual claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from: (a) any Materials posted or otherwise provided by you that infringe any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Site or reliance by you on any Materials contained on the Site; (c) any non-compliance by you of the Momentifi Terms of Use; and (d) claims brought by third persons or arising from or related to your use of Momentifi certification marks, and your access and use of the Site, including the Information or Materials obtained through the Site.

12. COPYRIGHT

All works, information, content, services and software displayed on, transmitted through, or used in connection with this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Momentifi and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Momentifi and protected by U.S. and international copyright laws. All software used on this Site is the property of Momentifi or its software suppliers and is protected by United States and international copyright laws. Momentifi respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please see DMCA Policy below.

13. TRADEMARKS

The Site includes the trademarks of Momentifi. You may not use our trademarks in connection with any product or service that is not authorized by us or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray Momentifi, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner and provided that you agree to cease such link upon request from Momentifi. You may not use any Momentifi logo or other proprietary graphic or trademark as part of the link without express written permission. Upon your satisfaction upon all the criteria necessary to qualify you for Momentifi certification, we grant to you a non-exclusive right to use the Momentifi certification mark in the United States only to identify yourself as a recipient of certification by Momentifi. This non-exclusive right applies only as long as you remain an active member with Momentifi by adhering to the Momentifi membership renewal requirement and continuing education policies outlined above. You may not transfer, sublicense or assign this license. Momentifi reserves the right to inspect any promotional matter you create and use that displays the Momentifi certification mark. If Momentifi instructs you to discontinue use of any such matter, you must promptly comply.

14. ASSIGNMENT

You may not assign your rights or obligations arising under this Agreement without Momentifi's prior written consent. Any other assignment shall be null and remain void. Momentifi may assign this Agreement or its rights and obligations hereunder, without restriction.

15. ADDITIONAL TERMS

The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on this Site: PRIVACY POLICY

Each of these policies may be changed from time to time and are effective immediately after Momentifi posts the changes on this Site. In addition, when using particular services on this Site, you agree that you are subject to any posted policies or rules applicable to services you use through this Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement. This Agreement and any other posted operating rules constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral, between Momentifi representatives and you.

16. AMENDMENT OF AGREEMENT

Momentifi may amend this Agreement from time to time on an as-needed basis by placing an update of this Agreement online at this Site at this location or at any other location designated at said Site. Any changes to this Agreement take effect upon posting to the Site. If you do not agree with any changes of the terms and conditions of Momentifi, you must immediately cease the use of Momentifi's service.

17. NOTICES

All notices shall be sufficient in all respects if given in writing and delivered by commercial courier providing proof of delivery and addressed as follows: Momentifi, Attn: Legal Affairs 3000 Old Alabama Rd., Suite 119-477, Alpharetta, GA, 30022 and to the email address you provided to Momentifi during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Momentifi during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

18. MISCELLANEOUS

The Site is controlled and operated by Momentifi from its offices located at 3000 Old Alabama Rd., Suite 119-477, Alpharetta, GA 30022. Momentifi makes no representations or warranties that Materials in this Site are appropriate or available for use in or from other locations. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable. This Agreement will be governed, construed and enforced in accordance with the laws of the United States of America and the State of Georgia, without regard to its principles of the conflict of laws. Any and all litigation arising from or relating to this Agreement or the Site or the Content, the products and services offered and described thereupon will be filed and prosecuted before any court of competent subject matter jurisdiction in the State of Georgia.

The parties hereto consent to the jurisdiction of such courts over them, stipulate to the convenience, efficiency and fairness of proceeding in such courts, and covenant not to allege or assert the inconvenience, inefficiency or unfairness of proceeding in such courts. The parties further agree to the service of process by overnight courier or electronic means, including without limitation, e-mail. If any provision of this Agreement will be found by a court to be void, invalid or unenforceable, such provision will be reformed so as to as nearly as possible approximate the original provision and to comply with applicable law, or stricken if not so conformable, so as not to affect the validity or enforceability of this Agreement. You and Momentifi are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Momentifi's failure to act with respect to a breach by you or others does not waive Momentifi's right to act with respect to subsequent or similar breaches.

BOTH PARTIES REPRESENT AND WARRANT THAT THEY HAVE FULL POWER (INCLUDING CORPORATE POWER) AND AUTHORITY TO EXECUTE AND DELIVER THIS AGREEMENT AND TO PERFORM THEIR OBLIGATIONS HEREUNDER, AND THAT THE PERSON (AND COMPANY, IF APPLICABLE) WHO ACCEPTS THIS AGREEMENT BY CLICKING THE APPROPRIATE BUTTON ON THE Momentifi CLIENT LOG-IN PAGE IS DULY AUTHORIZED TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE PARTY.

Momentifi uses Rackspace to host the servers through which it provides the Site. You shall comply with the Rackspace “Acceptable Use Policy” located at http://www.rackspace.com/information/legal/global/aup, as it may be amended. In addition, Rackspace shall implement reasonable and appropriate technical and organizational measures to protect the Site against unauthorized access. You acknowledge and agree that such measures are those detailed at http://www.rackspace.com/information/legal/securitypractices.php, and that such procedures are commercially reasonable. Neither Momentifi Institute nor Rackspace makes any other representation regarding the security of the Site or your data.

You warrant that you shall process any personal data in compliance with all applicable data protection or privacy law. You shall implement those technical and organizational measures required by the applicable data protection and privacy laws relative to your use of the Site and the nature and the volume of the personal data stored on Site or processed through your use of the Site. You are responsible for providing any necessary notices to individuals and for obtaining any legally required consent from individuals in relation to our provision of the Site to you or your processing of any personal data. You are responsible for any losses or other consequences arising from your failure to implement reasonable security measures.

DMCA
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent.

THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS), WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

Written notification must be submitted to the following Designated Agent:
Name of Agent Designated to Receive Notification Of Claimed Infringement: NAME
Full Address of Designated Agent to Which Notification Should be Sent: ADDRESS
Telephone Number of Designated Agent: Phone
Facsimile Number of Designated Agent: Fax
Email Address of Designated Agent: Email

To be effective, pursuant to Title 17, United States Code, Section 512(c)(3)(A), the Notification must include the following: An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;. A description of the copyrighted work that you claim has been infringed, and a description of the infringing activity including of where the material which you claim is infringing is located on the Site sufficient to allow us to locate the material; Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the Site where it is posted or the name of the book in which it has been published, your address, telephone number, and e-mail address; A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.