Website Terms and Conditions of Use
Welcome to our Web site. Please review the following terms carefully.
The Site is the property of Momentum Dynamics Corporation (“Momentum Dynamics”), whose principal place of business is located in the United States of America at 3 Pennsylvania Ave., Malvern, PA 19355. This agreement is between you and Momentum Dynamics Corporation and its subsidiaries and affiliates.
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 is owned, controlled or licensed by or to Momentum Dynamics, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information on Momentum Dynamics’ products and services (such as data sheets, whitepapers, media kits, and similar materials) purposely made available by Momentum Dynamics for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Momentum Dynamics does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Momentum Dynamics reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site.
Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Momentum Dynamics reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site, or to any Momentum Dynamics server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Momentum Dynamics, including any Momentum Dynamics account not owned by you, to its source or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Momentum Dynamics systems or networks, or any systems or networks connected to the Site or to Momentum Dynamics.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Momentum Dynamics on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Termination of Use
Momentum Dynamics may, in its sole discretion, terminate your account or your use of the Momentum Dynamics Site at anytime. You are personally liable for any orders that you place or charges that you incur prior to termination. Momentum Dynamics reserves the right to change, suspend, or discontinue all or any aspects of the Site at any time without prior notice.
Other Terms and Conditions
Momentum Dynamics’ 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 should be construed to alter such agreements.
Prices and availability of goods and services are subject to change without notice. Momentum Dynamics may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Momentum Dynamics makes no commitment to update the materials on the Site with respect to such products and services.
Accounts, Passwords and Security
If certain features or services offered on or through the Site may require you to open an account (including setting up a Momentum Dynamics Corporation ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Momentum Dynamics Corporation immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Momentum Dynamics Corporation or any other user of or visitor to the Site due to someone else using your Momentum Dynamics Corporation ID, password or account.
You may not use anyone else’s Momentum Dynamics Corporation ID, password or account at any time without the express permission and consent of the holder of that Momentum Dynamics Corporation ID, password or account. Momentum Dynamics Corporation cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Momentum Dynamics Corporation may monitor your use of the Site and may freely use and disclose any information and materials received from you or collected through your use of the company web site for any lawful reason or purpose.
Links to Other Sites and to the Momentum Dynamics Corporation 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 Momentum Dynamics Corporation control, and Momentum Dynamics Corporation 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 and the accuracy of the information published by them.
MOMENTUM DYNAMICS CORPORATION DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE MOMENTUM DYNAMICS CORPORATION WEB SITE, IS DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MOMENTUM DYNAMICS CORPORATION MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. MOMENTUM DYNAMICS CORPORATION CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. MOMENTUM DYNAMICS CORPORATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOMENTUM DYNAMICS CORPORATION DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOMENTUM DYNAMICS CORPORATION SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. MOMENTUM DYNAMICS CORPORATION 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 AND/OR ANY MOMENTUM DYNAMICS CORPORATION SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST MOMENTUM DYNAMICS CORPORATION FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE 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.
Momentum Dynamics Corporation 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, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Disclaimer Regarding Hyperlinks
This site contains links to other Internet sites. These links are provided solely as a convenience to you and are not endorsements of any products or services in such sites, and no information in such site has been endorsed or approved by us. These third party sites may also contain opinions and viewpoints of third parties that do not necessarily coincide with our opinions and viewpoints, and the accuracy of the information contained in these websites, blogs, or articles has not been verified by Momentum Dynamics. Those sites may also have privacy policies different than our policy.
Limitation of Liability
Except where prohibited by law, in no event will Momentum Dynamics Corporation be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Momentum Dynamics Corporation has been advised of the possibility of such damages.
You agree to indemnify and hold Momentum Dynamics Corporation, 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 Momentum Dynamics Corporation by any third party due to or arising out of or in connection with your use of the Site.
Momentum Dynamics Corporation 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, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Momentum Dynamics Corporation rights or property, or the rights or property of visitors to or users of the Site, including Momentum Dynamics Corporation customers. Momentum Dynamics Corporation reserves the right at all times to disclose any information that Momentum Dynamics Corporation deems necessary to comply with any applicable law, regulation, legal process or governmental request. Momentum Dynamics Corporation also may disclose your information when Momentum Dynamics Corporation determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that Momentum Dynamics Corporation may, in its sole discretion and without prior notice, terminate your access to the Site, 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 or any service offered on or through the Site or (4) unexpected technical issues or problems.
Governing Law and Dispute Resolution
Void Where Prohibited
Momentum Dynamics Corporation administers and operates the www.MomentumDynamics.com Site from its location in Malvern, Pennsylvania, USA; other Momentum Dynamics sites may be administered and operated from various locations inside and outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Momentum Dynamics Corporation 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 is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
Throughout the site, Momentum Dynamics trademarks are indicated by either an SM, TM or ®. All such trademarked items are trademarks of Momentum Dynamics Corporation.
Additional brands, product names, company names, images, screenshots, trademarks and service marks are the property of their respective owners. Use of additional brands, product names or company names does not indicate endorsement, sponsorship, affiliation or other authorization of Momentum Dynamics’ products.
Use of any Momentum Dynamics trademark for commercial purposes without the prior written consent of Momentum Dynamics Corporation may constitute trademark infringement and unfair competition in violation of federal and state laws.
A copyright is a property right in an original work of authorship. Copyright is recognized in most countries of the world by statutory copyright laws. Copyright exists in the expression of an idea, but not the idea itself. Copyrightable expressions can take many forms but are usually categorized as literary, musical, dramatic, pantomime and choreography, pictorial, graphic, sculptural, computer programs, motion pictures, and sound recordings.
To report claims of copyright infringement or obtain permission to use Momentum Dynamics Corporation copyrighted materials, please contact us by using the Consumer Relations or Media Contact forms provided.
Rights and Permissions
If you have any questions concerning the usage or licensing of Momentum Dynamics Corporation copyrighted materials, for example, photographs, video footage, Momentum Dynamics Corporation advertisements or other Momentum Dynamics Corporation materials, please submit your detailed request in writing. Please be sure to include any surrounding copy or text to the Momentum Dynamics Corporation material.
Requests may be emailed to Info@Momentum Dynamics.com, or mailed to Attention: Corporate Communications, Momentum Dynamics Corporation, 3 Pennsylvania Ave., Malvern, PA 19355.
Unsolicited Idea Submission Policy
Please do not send your unsolicited ideas to Momentum Dynamics Corporation or anyone at Momentum Dynamics Corporation.
It is the policy of Momentum Dynamics Corporation not to accept or consider unsolicited ideas, including ideas for new or improved products or technologies, product enhancements, processes, materials, new advertising campaigns, new promotions, marketing plans or new product names. Please do not send any original creative artwork, suggestions or other works. Do not send them by any medium of transmission, including traditional mail, telephony, text message, fax, data storage device, email, or any other method.
The sole purpose of this policy is to avoid potential misunderstandings or disputes when Momentum Dynamics Corporation products or marketing strategies might seem similar to ideas submitted to Momentum Dynamics Corporation.
If, despite our request that you not send us your ideas, you still send them, then regardless of what your letter or communication states, the following terms shall apply to your idea submission. TERMS OF IDEA SUBMISSION: You agree that: (1) your ideas will automatically become the property of Momentum Dynamics Corporation, without compensation to you and (2) Momentum Dynamics Corporation can use the ideas for any purpose and in any way, including that we may give or sell them to others.