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Legal
PRIVACY &
PROTECTION OF PERSONAL INFORMATION
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| See the Privacy
Statement page for disclosures relating to the collection and use of
your personal information.
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| CUSTOMER ACCOUNT,
PASSWORD, AND SECURITY
If a particular MOTENG Web Site, or
any product or service offered on any MOTENG Web Site (each a "MOTENG
Site/Service", and collectively "MOTENG Sites/Services")
requires you to open an account, you must complete the registration
process by providing us with current, complete and accurate information as
prompted by the applicable registration form. You then will choose a
password and a user name. You are entirely responsible for maintaining the
confidentiality of your password and account. Furthermore, you are
entirely responsible for any and all activities that occur under your
account. You agree to notify Moteng immediately of any unauthorized use of
your account or any other breach of security. Moteng will not be liable
for any loss that you may incur as a result of someone else using your
password or account, either with or without your knowledge. However, you
could be held liable for losses incurred by Moteng or another party due to
someone else using your account or password. You may not use anyone else's
account at any time, without the permission of the account holder.
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| MODIFICATION OF THESE
TERMS OF USE
Moteng reserves the right to change
the terms, conditions, and notices under which the MOTENG Sites/Services
are offered, including but not limited to the charges associated with the
use of the MOTENG Sites/Services. You are responsible for regularly
reviewing these terms and conditions and additional terms posted on
particular websites. Your continued use of the MOTENG Sites/Services
constitutes your agreement to all such terms, conditions, and notices.
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| LINKS TO THIRD PARTY
SITES
The MOTENG Sites/Services may contain
links to third party Web sites ("Linked Sites"). The Linked
Sites are not under the control of Moteng and Moteng is not responsible
for the contents of any Linked Site, including without limitation any link
contained in a Linked Site, or any changes or updates to a Linked Site.
Moteng is not responsible for web casting or any other form of
transmission received from any Linked Site nor is Moteng responsible if
the Linked Site is not working appropriately. Moteng is providing these
links to you only as a convenience, and the inclusion of any link does not
imply endorsement by Moteng of the site or any association with its
operators. You are responsible for viewing and abiding by the privacy
statements and terms of use posted at the Linked Sites.
Any dealings with third parties
(including advertisers) included within the MOTENG Sites/Services or
participation in promotions, including the delivery of and the payment for
goods and services, and any other terms, conditions, warranties or
representations associated with such dealings or promotions, are solely
between you and the advertiser or other third party. Moteng shall not be
responsible or liable for any part of any such dealings or promotions.
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| NO UNLAWFUL OR
PROHIBITED USE
As a condition of your use of the
MOTENG Sites/Services, you will not use the MOTENG Sites/Services for any
purpose that is unlawful or prohibited by these terms, conditions, and
notices. You may not use the MOTENG Sites/Services in any manner that
could damage, disable, overburden, or impair any MOTENG Site/Service(s)
(or the network(s) connected to any MOTENG Site/Service(s)) or interfere
with any other party's use and enjoyment of any MOTENG Site/Service(s).
You may not attempt to gain unauthorized access to any MOTENG
Site/Service, other accounts, computer systems or networks connected to
any MOTENG Site/Service, through hacking, password mining or any other
means. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available through the
MOTENG Sites/Services.
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| LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS,
AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MOTENG SITES/SERVICES
MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
MADE TO THE MOTENG SITES/SERVICES AND TO THE INFORMATION THEREIN. MOTENG
AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN
THE MOTENG SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE MOTENG
SITES/SERVICES SHOULD NOT BE RELIED UPON FOR ANY FINANCIAL DECISIONS
MOTENG AND/OR ITS RESPECTIVE
SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED WITHIN THE MOTENG SITES/SERVICES FOR ANY PURPOSE. ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MOTENG AND/OR ITS
RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT,
TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT MOTENG
SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT
OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN MOTENG
SITE/SERVICE. YOU SPECIFICALLY AGREE THAT MOTENG IS NOT RESPONSIBLE OR
LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL
CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S
RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE
THAT MOTENG IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED
IN AN MOTENG SITE/SERVICE BY ANY THIRD PARTY.
IN NO EVENT SHALL MOTENG AND/OR ITS
SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT
OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MOTENG
SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE MOTENG
SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH THE MOTENG SITES/SERVICES, OR OTHERWISE ARISING
OUT OF THE USE OF THE MOTENG SITES/SERVICES, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MOTENG OR ANY OF
ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MOTENG
SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE MOTENG SITES/SERVICES.
MOTENG MAKES NO WARRANTY THAT ANY
MOTENG SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
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| TERMINATION/ACCESS
RESTRICTION
Moteng reserves the right, in its
sole discretion, to terminate your access to any or all MOTENG
Sites/Services and the related services or any portion thereof at any
time, without notice.
Moteng may also terminate or suspend
your access to MOTENG Site/Service(s) for inactivity, which is defined as
failing to log into a particular service for an extended period of time,
as determined by Moteng. Upon termination of the MOTENG Site/Service, your
right to use the MOTENG Site/Service immediately ceases.
Moteng shall have no obligation to
maintain any content or to forward any unread or unsent messages to you or
any third party.
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| GENERAL
The laws of the State of California,
U.S.A., govern this agreement. You hereby irrevocably consent to the
exclusive jurisdiction and venue of courts in San Diego County,
California, U.S.A. in all disputes arising out of or relating to the use
of the MOTENG Sites/Services. You agree that no joint venture,
partnership, employment, or agency relationship exists between you and
Moteng as a result of this agreement or use of the MOTENG Sites/Services.
You agree to indemnify and hold Moteng, its parents, subsidiaries,
affiliates, officers and employees, harmless from any claim, demand, or
damage, including reasonable attorneys' fees, asserted by any third party
due to or arising out of your use of or conduct on the MOTENG
Sites/Services. Moteng reserves the right to disclose any personal
information about you or your use of the MOTENG Sites/Services, including
its contents, without your prior permission if Moteng has a good faith
belief that such action is necessary to: (1) conform to legal requirements
or comply with legal process; (2) protect and defend the rights or
property of Moteng or its affiliated companies; (3) enforce the terms or
use; or (4) act to protect the interests of its members or others.
Moteng's performance of this agreement is subject to existing laws and
legal process, and nothing contained in this agreement is in derogation of
Moteng's right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the MOTENG Sites/Services
or information provided to or gathered by Moteng with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision
and the remainder of the agreement shall continue in effect. Unless
otherwise specified herein, this agreement constitutes the entire
agreement between the user and Moteng with respect to the MOTENG
Sites/Services and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between
the user and Moteng with respect to the MOTENG Sites/Services. A printed
version of this agreement and of any notice given in electronic form shall
be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent and subject to the same
conditions as other business documents and records originally generated
and maintained in printed form.
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| COPYRIGHT AND
TRADEMARK NOTICES
All contents of the Moteng and
Affiliated Web Sites are: Copyright © 1998 - 2008 Moteng International,
Inc. and/or its suppliers, 12220 Parkway Centre Drive, Poway, CA 92064 U.S.A.
All rights reserved.
TRADEMARKS. The names of actual
companies and products mentioned herein may be the trademarks of their
respective owners.
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