TERMS AND CONDITIONS AGREEMENT
motivatorcrm.com (the “Website”) is operated by Motivator CRM, LLC, a North Carolina limited liability company (“Motivator”). Throughout the Website, the terms “we”, “us”, “our” and “Motivator CRM” refer to Motivator. We offer this Website, including all information, tools and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.
By visiting our Website and/or purchasing something from us, you engage in our “Service” or “Services” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you object or do not agree to all the terms and conditions of the Terms of Service, then you may not access the Website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
These Terms of Service were last updated January 01, 2019.
Any new features or tools which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. You must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all software and equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes. Please print a copy of this document for your records. To retain an electronic copy of these Terms of Service, you may save it into any word processing program.
Our site is hosted by Cimmaron Software. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ELIGIBILITY AND GENERAL USE OF WEBSITE
You must be at least eighteen (18) years of age to use the Website. By using the Website, you represent and warrant that: (a) you have the right, authority and capacity to enter into these Terms of Service and to abide by all of the terms and conditions of these Terms of Service; (b) all registration and listing information you submit is truthful and accurate; (c) you will maintain the accuracy of such information; (d) you are 18 years of age or older; and (e) your use of the Website does not violate any applicable law or regulation. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws). A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the Website through which the Services are provided, without express written permission by us. The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms.
The Website may contain profile pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with other users (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service or upload content to the Website, you will not:
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, vulgar, obscene, indecent or unlawful topic, name, material or information.
• Use language or content that discriminates based on race, creed, age, color, religion, gender, marital status, national origin, income level, physical or mental disability, sexual orientation or any other form of discrimination.
• Use language or content that is generally inappropriate, inaccurate, in poor taste or otherwise contrary to Motivator’s values and mission.
• Upload files or content that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any content or file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations.
Motivator has no obligation to monitor the Communication Services. However, Motivator reserves the right to review materials posted to a Communication Service and to remove any materials/content in its sole discretion. Motivator reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Motivator reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Motivator’s sole discretion.
Motivator reminds you that certain information is private and is protected by federal and state privacy and security laws. Your comments or posts on the Website or in any Communication Service will be viewed by the general public, and your comments and posts, and any information that you share, will no longer be private. As such, we request that you refrain from disclosing any personal, medical or financial information that you do not wish to be shared or seen by the public. Additionally, please do not post any personal, medical, financial or other confidential information about another person or entity without their approval.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Motivator does not control or endorse the content, messages or information found in any Communication Service and, therefore, Motivator specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
The content of the Website is intended for informational purposes only. Although Motivator exercises reasonable efforts to ensure quality and accuracy, occasionally information on the Website may contain typographical errors, inaccuracies, or omissions that may relate to service descriptions, pricing and/or availability. Motivator reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order), but we have no obligation to do so. We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk. This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. You agree that it is your responsibility to monitor changes to our Website.
SECTION 4 – MODIFICATIONS TO THE SERVICES AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.
SECTION 5 – PRODUCTS AND SERVICES
Certain products and Services may be available exclusively online through the Website. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear on our site. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or services made on this Website is void where prohibited.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made on our site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Services may include materials from third-parties. Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you provide any personal information or engage in any transaction. Motivator does not control the privacy policies or practices of these websites. Motivator provides these links solely for navigation convenience to visitors. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send photos, testimonials, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION / PASSWORDS / ACCOUNT SETTINGS
SECTION 11 – INTELLECTUAL PROPERTY AND LICENSE/WEBSITE ACCESS
Motivator owns and retains all proprietary rights in the Website (except as provided below). Except for Submissions (as defined below) or as otherwise expressly noted, all products, articles, databases, information, images, illustrations, designs, graphics, icons, photographs, text, audio clips, video clips and other materials that appear as part of the Website as well as the selection, arrangement and organization of the foregoing and the Website as a whole (collectively, “Content”) are subject to copyright, trademark, service mark, trade dress, and/or other intellectual property rights or licenses and rights of publicity and privacy, all worldwide rights, titles and interests in and to which are owned by or licensed to Motivator or its licensors/suppliers. All software used on this Website is the property of Motivator or its suppliers and is protected by U.S. and international copyright and other intellectual property laws.
The mark “Motivator” and other Website graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Motivator in the U.S. and/or other countries. Motivator’s trademarks and trade dress may not be used in connection with any product or service that is not Motivator’s, in any manner that is likely to cause confusion among customers or clients, or in any manner that disparages or discredits Motivator. All other trademarks not owned by Motivator that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Motivator. References on the Website to the trademarks, service marks, trade names, products, company names or services of third parties are provided for your convenience and do not in any way constitute or imply an endorsement or recommendation of that third party or its products or services by Motivator.
SECTION 12 – MATERIALS PROVIDED TO MOTIVATOR OR POSTED AT ANY WEBSITE
Motivator does not claim ownership of the content/materials you provide to Motivator (including photographs, feedback, testimonials and suggestions) or post, upload, input or submit to any Website or its associated services (collectively “Submission” or “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Motivator, its affiliated companies and necessary sublicensees, a perpetual, irrevocable, world-wide, royalty-free license to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name, portrait, photograph or likeness in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Motivator is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Motivator’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
SECTION 13 – METATAGS, HIDDEN TEXT, LINKING OR FRAMING ONLINE
Motivator expressly prohibits any use of its trademarks, trade names or brand names in metatags, keywords and/or hidden text online. The use of Motivator’s trademarks, trade names or brand names in metatags, keywords or hidden text constitutes trademark infringement, and the use of any of the foregoing for purposes of gaining higher rankings in search engines constitutes unfair competition. Linking to the Website, or any page or portion thereof, without the prior written consent of Motivator is expressly prohibited. Likewise, framing, in-line linking or other methods of association on the Website or its content with any other site, advertisement, link or other information or materials not originating from this Website is expressly prohibited, unless specifically authorized or in writing as required by Motivator.
SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED HEREIN, YOU HEREBY ACKNOWLEDGE AND AGREE THAT MOTIVATOR (INCLUDING OWNERS, MEMBERS, MANAGERS, AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND INDEPENDENT CONTRACTORS OF MOTIVATOR) HAS NOT MADE ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE WEBSITE, INFORMATION PROVIDED, OR THE INFORMATION, PRODUCTS OR SERVICES OFFERED THROUGH THIS WEBSITE. THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY MOTIVATOR ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MOTIVATOR DISCLAIMS, AND YOU HEREBY WAIVE, ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES REGARDING COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY WITH RESPECT TO THE WEBSITE OR THE INFORMATION, PRODUCTS, SERVICES, OR RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. WITHOUT LIMITING THE FOREGOING, MOTIVATOR HEREBY MAKES NO REPRESENTATION NOR ANY WARRANTIES OF ANY KIND IN CONNECTION WITH THE INFORMATION PROVIDED HEREIN, THAT YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT SERVICES WILL MEET YOUR REQUIREMENTS OR THE QUALITY OF ANY SERVICES. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS THEREFORE STRICTLY AT YOUR OWN RISK.
THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS WEBSITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS WEBSITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. THE FACT THAT MOTIVATOR IS INCLUDING OR OFFERING ANY PRODUCT OR SERVICE, OR LISTING THIRD PARTY INFORMATION, ON THE WEBSITE IS NOT AN ENDORSEMENT OR A RECOMMENDATION OF ANY KIND.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL MOTIVATOR OR ANY OF ITS OWNERS, MEMBERS, MANAGERS, AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR INDEPENDENT CONTRACTORS, BE IN ANY WAY LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, ARISING FROM, OR RELATING TO, THE USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS THEREOF, OR OF ANY LINKED WEBSITE, OR FOR ANY TRANSACTION CONDUCTED THROUGH THIS WEBSITE, OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE, OR ANY PRODUCT OR SERVICE LINKED TO, FROM OR ADVERTISED OR PROMOTED ON THE WEBSITE, OR OTHERWISE RELATING HERETO, REGARDLESS OF WHETHER THE SAME ARE FORESEEABLE OR IF MOTIVATOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MOTIVATOR MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE, CONTENT, SOFTWARE, OR ANY INFORMATION OR SERVICES OFFERED THROUGH THE WEBSITE IS APPLICABLE AND APPROPRIATE FOR USE OR ACCESS IN LOCATIONS OUTSIDE THE UNITED STATES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MOTIVATOR’S MAXIMUM LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MOTIVATOR FOR THE SERVICES.
SECTION 15 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Motivator, and any parent, subsidiaries, affiliates, partners, members, shareholders, managers, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use of the Website, your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate the Services and/or your use of the Website, at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 18 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this Website or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 – CONSENT TO JURISDICTION, FORUM SELECTION AND CHOICE OF LAW
By using the Website you expressly agree that if there is any dispute arising out of the Website and/or the transactions occurring on this Website, or in the event of any judicial action arising directly, indirectly, or otherwise in connection with, out of, related to or from these Terms of Service or any transaction covered hereby or otherwise arising in connection with the relationship between the parties, regardless of whether such action is brought under contract, tort, statute or otherwise, any such dispute shall be governed by the laws of the State of North Carolina, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of North Carolina, in Mecklenburg County, for the resolution of any such dispute. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph. You hereby waive any right you may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulate that the State and Federal courts located in the County of Mecklenburg, State of North Carolina shall have in personam jurisdiction and venue over you for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to this Agreement. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law.
SECTION 20 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.
Returns and Refunds
The Motivator digital account subscription with included website is billed on a monthly basis, requires no contract, and can be terminated at any time. The set-up fee for the Motivator service is due during the month of sign-up and is nonrefundable. A user may cancel his or her account at any time. Upon request to terminate service, the account will be deactivated within one business day.
SECTION 22 – WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our site, as part of the buying and selling process, we collect the personal information you give us. When you browse our site, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. Email marketing (if applicable): With your permission, we may send you emails about our site, new products and other updates.
SECTION 23 – CONSENT
When you provide us with personal information to complete a transaction, verify your credit card, and place an order, we imply that you consent to our collecting it and using it for that specific reason only. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, or to review, correct, update, suppress or otherwise limit our use of your personal information at any time, by contacting us at firstname.lastname@example.org or mailing us at:
8832 Blakeney Professional Drive
Charlotte, NC 28277
SECTION 24 – DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
SECTION 25 – CIMMARON SOFTWARE
Our site is hosted on Cimmaron Software. They provide us with the online platform that allows us to sell our products and services to you. Your data is stored through Cimmaron Software’s data storage, databases and the general Cimmaron Software application. They store your data on a secure server behind a firewall.
Two payment options are available to users. Branches and Loan Officers can send their monthly payments internally to the corporate office, which securely transfers the funds to Motivator’s bank. Loan Officers may also opt to make their monthly payments directly on the Motivator website. The payment option on Motivator’s website is made available and secured by Motivator’s bank. When you choose the payment gateway on our site to complete your purchase, then Motivator’s bank stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our site and its service providers.
Motivator does not maintain this account information, as it is provided to a third party vendor. No sensitive payment information (e.g. credit card numbers, bank account numbers, etc.) is stored in our servers. Therefore the burden of PCI Compliance rests solely on Motivator’s bank.
SECTION 26 – THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
When you click on links on our site, they may direct you away from our Website. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
SECTION 27 – SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
SECTION 28 – COOKIES
Motivator does not utilize cookies.
SECTION 29 – AGE OF CONSENT
We are concerned about the safety of children when they use the Internet and will never knowingly request personally identifiable information from anyone under the age of 13. Users of our Website must be at least 18 years old. If a child has provided us with personal information, that child’s parent or guardian should contact us at email@example.com to delete such information from our records.
If our site is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
SECTION 31 – SENSITIVE INFORMATION
We ask that you not send us, and you not disclose, any sensitive personal information (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health or medical condition or criminal background) on or through the Website or otherwise to us.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at firstname.lastname@example.org or by mail at:
8832 Blakeney Professional Drive
Charlotte, NC 28277