Terms and Conditions
Privacy Policy
Terms and Conditions

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE
Welcome to the MotionBased ("MotionBased") Web Site (the "Web Site"). Please review the following terms and conditions concerning your use of the Web Site. By accessing, using or downloading any materials from the Web Site, you agree to follow and be bound by these terms and conditions. If you do not agree with these terms and conditions, please do not use this Web Site. BY CONTINUING TO USE THE WEB SITE, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS OF THIS USE AGREEMENT AND ALL REVISIONS THEREOF.

GENERAL
MotionBased and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Web Site at any time without notice. MotionBased may revise these terms and conditions at any time by updating this posting. You should review MotionBased's legal page from time to time to review the then-current terms because you are bound by these terms. Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages at this Web Site. Any rights not expressly granted herein are reserved by MotionBased.

RIGHT TO USE THE WEB SITE
MotionBased hereby grants you permission to display, copy and download the materials on this Web Site (the "Materials") provided that: (a) you make only one copy of the Materials for your personal, noncommercial internal use only unless specifically licensed to do otherwise by MotionBased in writing; (b) you do not remove any copyright notice or other proprietary notices from the Materials; (c) you do not transfer the Materials on this Web Site to another person; and (d) you do not modify the Materials in any way. In addition, you may not "mirror" any Materials on any other server without MotionBased's prior express written permission. Furthermore, you agree to prevent any other unauthorized copying of the Materials. If you breach any of these terms and conditions, your permission to use the Web Site will automatically terminate and you must immediately destroy or delete any downloaded or printed Materials.

ADULTS ONLY
Our services are available only to individuals who can form legally binding contracts under applicable law.

REGISTRATION
To use this Web Site, a user must first complete the registration form. During registration a user is required to provide contact information (such as name and email address). MotionBased uses this information to contact the user about services on our Web site for which the user has expressed interest.

SUBSCRIPTION
If you choose to upgrade to a paid subscription at MotionBased, your credit card will be charged immediately after you click "Submit" on the confirmation page and your account will be activated to "MotionBased Standard" status. You agree to pay for all charges and fees incurred in connection with your username and password for the MotionBased Standard account. All purchases are final. No refund will be given for unused portions of your subscription period.

Renewal
Monthly and annual fees will be billed automatically to the credit card designated during the registration process at the start of the monthly period, and will auto-renew until membership is terminated. If a User pays by credit card, MotionBased will automatically charge the monthly or annual fee to the User's supplied credit card and You authorize Us to charge such credit card for the appropriate subscription fees and amounts stated. MotionBased reserves the right to increase subscription fees or to institute new fees at any time, upon reasonable notice posted in advance on this Site. The renewal charges will be the same as the regular subscription fees as described above, unless otherwise notified in advance. Users may upgrade from MotionBased Lite to MotionBased Standard status at any time. The billing cycle is then based upon the day after MotionBased receives payment of the Standard fees. Users changing to annual subscriptions will have their new rates take effect at the beginning of the next billing date. Upgrading/adding additional categories will result in a new billing date effective upon the date of payment of the additional fees.

PLEASE NOTE THAT YOU WILL NOT RECEIVE A REFUND OR REIMBURSEMENT OF YOUR SUBSCRIPTION FEE AFTER YOUR SUBSCRIPTION HAS RENEWED.

Modifications
You may modify your subscription level, switch to a different credit card, and change your credit card information by logging in to your account and going to the "Modify Subscription" page under the "Account" section or contact us by telephone at (415) 339-0477 Monday through Friday between the hours of 9:00am and 5:00pm (PT).

Cancellation
You may cancel your subscription by logging in to your account and going to the "Cancel Subscription" page under the "Account" section or contact us by telephone at (415) 339-0477 Monday through Friday between the hours of 9:00am and 5:00pm (PT). If you wish to cancel your subscription outside regular business hours, please leave a message including your name, username, email address associated with your account and a telephone number where we can reach you to confirm.

Downgrades to a shorter payment plan or cancellation of any subscription will not result in any refund or credit of fees already paid. Subscription fees, whether paid monthly or annually, are charged up-front and no refunds or credits will be given upon cancellation. The cancellation of a subscription will go into effect at the end of your current billing cycle. Additional fees may apply if you decide to resubscribe at a later date.

Upon cancellation, you will have full access to your activities listed in the Digest through the remainder of your subscription term. When your subscription ends, your account will enter "MotionBased Lite" mode. You can continue to upload unlimited activities to MotionBased and have full access to your last 3 activities submitted. Since you always maintain access to the data stored in your account, you can renew your subscription at anytime without opening a new account.

VENUE AND FINDER
The Web Site functions as a venue to connect users in a virtual information place. As a neutral facilitator, MotionBased is not directly involved in the actual transactions between users of the Web Site. As a result, MotionBased has no control over the truth, accuracy, quality, legality, or safety of postings made by users. Because verifying the identity of a user on the Internet is difficult, MotionBased cannot and does not confirm the identity of users. MotionBased also does not confirm nor verify the qualifications, background, or abilities of users. Therefore, We recommend that You be careful and exercise common sense and good judgment when dealing with any User on the Web Site.

YOUR RELATIONSHIP
Your correspondence with merchants, advertisers, or users on the Web Site, including the development and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such merchant, advertiser, or user. You agree not to hold MotionBased liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants, advertisers, or users on the Web Site.

THIRD PARTY CONTENT
MotionBased may make available to users on the Web Site various content. MotionBased is a distributor (and not a publisher) of content supplied by any third parties and users of this Web Site. MotionBased has no editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, users are those of the respective author(s) or distributor(s) and not of MotionBased. MotionBased neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information or statement made on this Web Site by anyone other than authorized MotionBased employees acting in their official capacities. You understand and acknowledge that MotionBased is not responsible for and does not monitor content for accuracy or reliability.

POSTING INFO ON THE WEB SITE
As a User, You will be allowed to post information, data and text to publicly accessible and limited-access areas of the Web Site. You are not allowed to post logos, seals or slogans from third parties on any part of the Web Site unless they are provided by MotionBased or an MotionBased partner, or You have sought and received express permission from MotionBased to display such logo, seal or slogan. (Direct all such inquiries to support@motionbased.com.)

In order to operate the Web Site, MotionBased must have certain rights. Consequently, when You post information, text, files, links, attachments, software or other materials ("Content") to publicly visible areas of the Web Site, You are granting, or warranting that the owner of such Content has expressly granted, a worldwide, royalty-free, perpetual, irrevocable, fully sub-licensable, non-exclusive right to use, reproduce, modify, transmit, distribute, perform, display and delete such Content (in whole or in part) and/or to incorporate such Content in other works in any form, media or technology now known or later developed.

You should use good judgment when posting information, remarks or other Content regarding other users, service providers, MotionBased or any other third party. You may be held legally responsible for damages suffered by other Users, MotionBased or third parties as a result of legally actionable or defamatory comments, remarks or other information or Content which You post to the MotionBased Web Site. Under federal law (specifically, the Communications Decency Act of 1996), MotionBased is not legally responsible for any remarks, information or other Content posted or made available on its Web Site by any User or third party, even if such information or Content is defamatory or otherwise legally actionable. MotionBased is not responsible for and does not monitor or censor Content for accuracy or reliability. However, MotionBased reserves the right to remove or restrict access to any information or Content posted or made available on its Web Site by its users or any third party if ordered to do so by a court or if MotionBased considers such information or Content to be in violation of its Use Agreement or posted rules or policies, including information or Content We consider to be obscene, lewd, lascivious, filthy, excessively violent, harassing, illegal, overly disparaging or deprecating of MotionBased or other users or otherwise objectionable.

ACCURATE INFO
You agree to provide true, accurate and complete information as prompted by the registration form, and maintain and update such information to maintain its truth, accuracy and completeness. Whenever You post any information on or to the Web Site You agree to provide true, accurate and complete information. MotionBased reserves the right to terminate Your account upon the discovery that the information You provided or posted is not complete or accurate.

USER
You agree NOT to do any of the following while using the Web Site:
  • Violate any applicable law or regulation;
  • Post or transmit any Content that You do not have the right to post or transmit under any law, contractual duty or fiduciary relationship;
  • Post or transmit any Content that infringes a third party's intellectual property rights or rights of publicity or privacy;
  • Post or transmit any Content that is unlawful, untrue, fraudulent, harassing, libelous, defamatory, abusive, tortuous, threatening, pornographic, harmful (including but not limited to viruses, corrupted files, or any other similar software or programs), overly disparaging or deprecating of MotionBased or other users or otherwise objectionable;
  • Access, tamper with or use non-public or non-authorized areas of the Web Site. Unauthorized individuals attempting to access these areas of the Web Site may be subject to prosecution;
  • Tamper with postings of other users;
  • Post logos, seals or slogans from third parties on any part of the Web Site unless they are provided by MotionBased or a MotionBased partner;
  • Solicit or gather any user's information available from the Web Site, such as other users' names and email addresses, for any commercial or business purposes or to transmit any unsolicited advertising, "junk mail", "Spam" or "chain letters;
  • Do anything which would create or impose an unreasonable or disproportionately large burden or load on the Web Site;
  • Post false or misleading information about a trek, event, product, service, etc.;
  • Frame or link to the Web Site except as permitted in writing by MotionBased;
  • Impersonate or misrepresent yourself or Your affiliation with any person or entity.
COOKIES
"Cookies" are small pieces of information that are stored by your browser on your computer's hard drive. Generally, cookies work by assigning to your computer a unique number that has no meaning outside of our site. Our cookies do not contain any personally identifying information; we use them to provide features such as personalization, to save your member ID and to keep track of your shopping cart. We may also use cookies to assist us in delivering content specific to your interests. Additionally, after you've entered your member ID and password during a session on our service, we save that information so you don't have to re-enter it repeatedly during that session. Most Web browsers automatically accept cookies, but you can usually change your browser to prevent that. Not accepting cookies may make certain features of MotionBased Web Site unavailable to you. We may use your IP address to identify you, to administer our Web Site and to assist in diagnosing problems with our server.

ADDITONAL USES INFORMATION
All of the information we collect, both what you tell us and what we collect through the use of cookies, is used to personalize your account, to customize our services and to allow our customer service representatives to contact you when necessary. It is MotionBased's policy not to release any personally identifying information about you without your consent (usually obtained through an "opt-out" option that you may select when providing the information). In most cases, information will be released only on an aggregated basis (meaning that the information from many MotionBased users is grouped together in a way that does not disclose the personal information of any particular user). We may use contact information that you provide to send you information about our company and promotional material from some of our partners. MotionBased will disclose personal information about an individual user if we believe in good faith that such disclosure is necessary to comply with an applicable law or valid legal process.

SPECIAL NOTE FOR USERS ACCESSING MOTIONBASED WITHIN A FRAME
MotionBased has partnered with various web sites ("Framing Sites"), allowing users of those Framing Sites to register for events and to otherwise use the MotionBased services within a frame and without leaving the Framing Site. In some cases, MotionBased has agreed to provide to the Framing Site personal information collected from people who make use of the MotionBased services from the Framing Site (that is, within a frame and without leaving the Framing Site). In these cases, please be aware that the Framing Site operates independently from, and may have privacy and security policies wholly different from, MotionBased. If you wish to make use of the MotionBased services, but do not wish to have your information shared with third parties, please access our services directly, and not from a Framing Site.

DISCLAIMER OF WARRANTIES
YOU USE THE WEB SITE AT YOUR OWN RISK. MotionBased endeavors to provide a convenient and functional Web Site, but We do not guarantee that it will be error free or that the Web Site or the server that operates it are free of viruses or other harmful components. Additionally, while we do not anticipate our server malfunctioning MotionBased at times may report a server down or the loss of database information. MotionBased urges You to keep backup copies of material You maintain on or use with the Web Site.

As mentioned above, We remind You to be careful in Your dealings with other users. Without limiting the foregoing, EVERYTHING ON THE WEB SITE (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY APPLICATIONS AND WEB SITE CONTENT) IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to You.

MOTIONBASED MAKES NO WARRANTY THAT THE WEB SITE (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY APPLICATIONS AND WEB SITE CONTENT) WILL MEET USER'S REQUIREMENTS, OR THAT THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MOTIONBASED MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE WEB SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB SITE. MOTIONBASED MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEB SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEB SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM MOTIONBASED OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MOTIONBASED, THE MATERIALS ON THE WEB SITE ARE PROVIDED "AS IS", ARE EXPERIMENTAL, AND ARE FOR COMMERCIAL USE ONLY, AND MOTIONBASED HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. MOTIONBASED MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEB SITE.

LIMITATION OF LIABILITY
MOTIONBASED SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL MOTIONBASED BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEB SITE, EVEN IF MOTIONBASED HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE TO HOLD MOTIONBASED HARMLESS FROM, AND YOU COVENANT NOT TO SUE MOTIONBASED FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEB SITE.

INTELLECTUAL PROPERTY NOTICES
Certain components of this Web Site are protected by trade dress, trademarks, copyrights, patents and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Web Site may be copied or retransmitted unless expressly permitted by MotionBased. MotionBased Software, MotionBased, the MotionBased logo, and/or other MotionBased products referenced herein are trademarks of MotionBased Software, Inc., and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners. You may not use, and nothing contained on this Web Site grants by implication, waiver, estoppel or otherwise, any right to use any trademark displayed on the Web Site without the written permission of MotionBased or the respective owner. Copyright© 2006 MotionBased, 180 Harbor Drive, Suite 202, Sausalito, California 94965. All rights reserved.

APPLICABLE LAWS
This Web Site is controlled by MotionBased from its offices within the United States of America. MotionBased makes no representation that the Materials in the Web Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of U.S. export laws and regulations. Any action related to the Materials or the terms herein shall be governed by California law and controlling U.S. federal law.

EMAIL A FRIEND
If a user elects to use our referral service for informing a friend about our Site or for emailing a trek to a friend, we ask them for the friend's email address. MotionBased will automatically send the friend a one-time email. MotionBased does not permanently store this information.

LOG FILES
Like most standard Web site servers we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user's movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information.

FORUMS
The Site may have chat rooms, discussion boards, online forums and other interactive technologies that allow individual comments and messages to be tied to a user name, identification or e-mail address. Any information you post in such forums is public information and we cannot control what uses third parties may make of personal information you share in such forums.