Website Terms and Conditions of Use
Welcome to our Web site. Please review the following terms carefully.
By using our site, you are agreeing to comply with and be bound by the following terms of use. You acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. You agree to read these terms and conditions of use carefully before using this company web site.
BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND PRIVACY POLICY and all disclaimers and terms and conditions that appear elsewhere on the site; IF YOU DO NOT AGREE, DO NOT ACCESS OR OTHERWISE USE THE SITE.
Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the “Terms of Use”) apply to the Momentum Dynamics Corporation web site located at www.Momentum Dynamics.com, and all associated sites linked to www.MomentumDynamics.com by Momentum Dynamics Corporation, its subsidiaries and affiliates, including Momentum Dynamics sites around the world (collectively, the “Site”).
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.
Momentum Dynamics Corporation reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use and Privacy Policies, at any time and without notice. It is your responsibility to check these Terms of Use and Privacy Policies periodically for changes. Your continued use of the Site 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 and Privacy Policies, Momentum Dynamics grants you a personal, non-transferable, non-exclusive, limited privilege to enter and use the Site.
If you are dissatisfied with the Site, its content or Terms of Use and Privacy Policies, you agree that your sole and exclusive remedy is to discontinue using the Site.
Content
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.
Except as expressly provided in these Terms of Use, no part of the Site 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 the express prior written consent of Momentum Dynamics.
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.
Momentum Dynamics does not and cannot review all materials posted to the Site by users, and Momentum Dynamics is not responsible for any such materials posted by users. However, Momentum Dynamics reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Momentum Dynamics’ sole discretion is objectionable or in violation of these Terms of Use.
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.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Momentum Dynamics or others.
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.
Privacy
Momentum Dynamics Corporation Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, 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 may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. You acknowledge that by submitting communications to the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and Momentum Dynamics Corporation other than pursuant to these Terms of Use.
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.
Disclaimers
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.
Indemnity
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.
Violation of These Terms of Use
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 acknowledge and agree that Momentum Dynamics Corporation may preserve any transmittal or communication by you with Momentum Dynamics Corporation through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Momentum Dynamics Corporation 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 Momentum Dynamics Corporation, its employees, users of or visitors to the Site, and the public.
You agree that Momentum Dynamics Corporation may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site 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. 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 Momentum Dynamics Corporation, for which monetary damages would be inadequate, and you consent to Momentum Dynamics Corporation obtaining any injunctive or equitable relief that Momentum Dynamics Corporation deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Momentum Dynamics Corporation may have at law or in equity.
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.
If Momentum Dynamics Corporation does take any legal action against you as a result of your violation of these Terms of Use, Momentum Dynamics Corporation 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 Momentum Dynamics Corporation. You agree that Momentum Dynamics Corporation will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
Governing Law and Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the Commonwealth of Pennsylvania without regard to its conflicts of laws provisions. You agree to the exclusive jurisdiction and venue in the state and federal courts in Chester County, Pennsylvania, USA, and agree to and waive any objection to such personal 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 Momentum Dynamics Corporation and you arising out of or in connection with your use of the Site, 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
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.
Miscellaneous
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.
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 Momentum Dynamics Corporation with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Momentum Dynamics Corporation with respect to such use are hereby superseded and cancelled. Momentum Dynamics Corporation will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Momentum Dynamics Corporation failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Momentum Dynamics Corporation of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Momentum Dynamics Corporation 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.
Trademark Information
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.
Copyright Information
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.