LAST REVIEWED AND UPDATED APRIL 5, 2020.
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 Management, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Changes to the Site/Updates/Terms
Momentum Management reserves the right to make changes in any products described on the Site at any time without notice. Customers are advised to obtain the latest version of documents before relying on information described in the Site, except as explicitly set forth in written agreements between Momentum Management and its customers. Momentum Management may make changes to the Content or the Site at any time without notice. Momentum Management makes no commitment to update the Content or the Site. Momentum Management reserves the right to make changes to the Site and the disclaimers, terms, and conditions at any time.
License to Use Content; Limits on Use
Any other use, unless otherwise authorized in writing by Momentum Management or its suppliers, including the framing, linking to, reproduction (including photocopying or storage in an information storage/retrieval system), modification, distribution, transmission, republication, display, resale, data extraction, or data mining of the Content on the Site, or the preparation of derivative works based on the Content of the Site, is strictly prohibited. You will not tamper with, disable, reverse engineer, decompile or otherwise interfere with the proper functioning of the Site, or any content, proprietary notice, copyright management system or software associated with the Site, or misrepresent your identity in connection with any use thereof. All rights not expressly granted herein are hereby reserved.
You may use information on Momentum Management products and services (such as product briefs, designer manuals, design libraries, datasheets, white papers and similar materials) purposely made available by Momentum Management for downloading from the Site, provided that you (1) not remove any proprietary notice language in any 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.
The Momentum Management name, the Momentum Management logo, and the product names associated with the Momentum Management service are service marks or trademarks of Momentum Management.
Other company and product names may be trademarks or registered trademarks of the respective owners with which they are associated.
You may not use, and nothing contained on the Site grants, by implication, waiver, estoppel or otherwise, any right to use, any trademark displayed on the Site without the written permission of Momentum Management or the respective owner.
Availability of Site
You acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events. Under no circumstances will Momentum Management or its suppliers be held liable for any damages due to such interruptions. The Site and the Content may include technical inaccuracies or typographical errors. The Site is made available internationally and may contain references to products, programs and services of Momentum Management or its suppliers that are not available in your location. Such references do not imply that Momentum Management or its suppliers intend to make available such products, programs or services in your location.
Links With Other Sites
Momentum Management is not responsible for the content of any other web site linked to or from the Site. If you link to another site, you leave the Site. If you decide to link to another site, you do so entirely at your own risk. Momentum Management may provide links from the Site to other sites, but this is done solely as a convenience to you and in no way should be interpreted as a referral or endorsement of any content, sponsor or owner of any other site. ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED SITE, INCLUDING WITHOUT LIMITATION AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE, ARE HEREBY EXCLUDED.
Accounts, Passwords, and Security
Certain features or services offered on or through the Site may require you to register (including setting up a Momentum Management login and password). You are entirely responsible for maintaining the confidentiality of your registration information, including your password, and for any and all activity that occurs under your registration. You agree to notify Momentum Management immediately of any unauthorized use of your login or password, or any other breach of security. However, you may be held liable for losses incurred by Momentum Management or any other user of or visitor to the Site due to someone else using your Momentum Management login, password or registration.
You may not use anyone else’s Momentum Management login, password or registration at any time without the express permission and consent of the holder of that Momentum Management login, password or registration. Momentum Management cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
MOMENTUM MANAGEMENT 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 AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. MOMENTUM MANAGEMENT CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. MOMENTUM MANAGEMENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOMENTUM MANAGEMENT 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 ANY MOMENTUM MANAGEMENT SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST MOMENTUM MANAGEMENT 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, AND IN ITS ABSENCE MOMENTUM MANAGEMENT WOULD NOT MAKE THE SITE AVAILABLE.
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 Management 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; (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; and (4) revoke or suspend any login or password.
Limitation of Liability
Except where, and to the minimum extent, prohibited by law, in no event will Momentum Management be liable to you for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits or cost of replacement, even if Momentum Management has been advised of the possibility of such damages.
You agree to indemnify and hold Momentum Management, 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 Management by any third party due to, or arising out of, or in connection with, your use of the Site.
Governing Law; Dispute Resolution
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 Management 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.
U.S. Government Restricted Rights
Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013 ©(1)(ii) and FAR 52.227-19.
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.