Terms of Use:
COPYRIGHT
All materials sold on our site are copyrighted. These copyrights belong to Motivated Incentives, LLC.
TRADEMARKS
The Motivated Incentives, LLC logo, MOTIVATED
INCENTIVES, LLC, Motivated Incentives, LLC Network logo, Motivated Incentives
LLC websites including MotivatedIncentives.com, and MotivatedIncentives.net and
all other Motivated Incentives, LLC logos and product and service names are
trademarks of Motivated Incentives, LLC, Inc. (hereinafter collectively the
"Motivated Incentives, LLC Marks"). Without Motivated Incentives, LLC
prior written permission, you agree not to display or use in any manner, the Motivated
Incentives, LLC Marks.
CONTENT
All text, graphics,
photographs, visuals, forms, logos, music, links, artwork, trademarks and
computer code (collectively referred to as “Content”), including the design,
look and feel and arrangement of the site, contained on this site are owned
exclusively by Motivated Incentives, LLC.
You agree not to reproduce, duplicate, copy, sell, trade, transmit,
resell or exploit for any commercial purposes, any portion of the Service
(including your MotivatedIncentives.com ID), use of the Service, or access to
the Service without the prior written consent of Motivated Incentives, LLC. You
may not present or hold yourself out as a representative of Motivated
Incentives, LLC in any way.
LICENSE AGREEMENT
Motivated Incentives, LLC grants you a personal, non-transferable
and non-exclusive right and license to use the object code of its Software on a
single computer; single user basis, provided that you do not allow any
third party to copy, modify, create a derivative work of, reverse engineer,
reverse assemble or otherwise attempt to discover any source code, sell,
assign, sublicense, grant a security interest in or otherwise transfer any
right in the Software. A single user license is granted for each subscription. If you need
additional user access, you will be required to purchase another subscription
license.
Subscription service includes a pre-purchased number
of available downloads. Each file that is opened, edited and saved either
to a desktop computer, or routed to a printer is considered one complete
download. Subscribers will be held financially responsible for downloads
completed in error and be invoiced for related charges. Motivated
Incentives, LLC can not and will not delete downloaded files once they are
completed. Applicable state sales tax
will be applied. State taxes are applied to the physical business address where
downloads occur vs. the credit card billing address.
The license agreement allows
the user to access our products to develop end to end sales contests
for the company that has purchased a subscription service through www.motivatedincentives.com website. You may not put
them on diskette, CD, web site or any other medium and offer them for
redistribution or resale. These products may not be resold in any sort of
collection, such as passing our products over to a third party on CD, Diskette
or letting others download our products from your web site. In
the event of such practices, Motivated Incentives, LLC will immediately
terminate your membership. Furthermore, by conducting such practices, you
automatically waive any legal claims against Motivated Incentives. If you
do not abide by the terms of this agreement as described above, Motivated
Incentives, LLC will pursue legal action to the highest extent allowed by law.
In some instances, subscribers may not have appropriate software to download files and edit available text. For this condition, Motivated Incentives, LLC provides each subscriber access to a free download of an Adobe file that will allow for text editing. This is offered to facilitate effective sales contest management and it not a complete, free version of Adobe. If the client needs additional functionality, a direct license from Adobe would be required and be at the cost of the subscriber. Additionally all HTML emails are built in Microsoft Outlook. The email templates may not function correctly in non-standard email tools and as a result are not supported by Motivated Incentives, LLC.
You agree not to modify the Software in any manner or form,
or to use modified versions of the Software, including without limitation for
the purpose of obtaining unauthorized access to the Service. You agree not to
access the Service by any means other than through the interface that is
provided by Motivated Incentives, LLC for use in accessing the Service.
These products are
provided "as is" without warranty of any kind, either expressed or
implied. Motivated Incentives, LLC will not be held liable nor does not
guarantee or warrant any specific sales results.
You understand Motivated Incentives, LLC is not responsible for the “user updated” content, “print” quality or merchantability of any information, product or service offered herein and the user must assume full responsibility to evaluate independently the accuracy, completeness, quality and usefulness of any information or other content. Motivated Incentives, LLC hereby expressly disclaims any and all warranties, expressed and implied, including but not limited to any warranties of accuracy, reliability, merchantability or fitness for a particular purpose by any vendor, customer, or associate offering information, products, any services linked to Motivated Incentives, LLC. The user agrees that Motivated Incentives, LLC is not responsible, and shall have no liability to such user, with respect to any information, product or service offered by others who are linked to Motivated Incentives, LLC website. Motivated Incentives, LLC shall not be liable for any damages allegedly sustained arising from use of the information, products, and services.
Refunds will only be given at the discretion of the company management and must be requested within 30 days of service activation. No refunds will be extended after 30 days of service, regardless if the service has not been activated by the subscriber. Refunds may be prorated based on the number of downloads purchased and completed prior to cancellation.
In no event shall Motivated Incentives, LLC be liable to any damages including, but not limited to, direct, indirect, special, incidental or consequential damages, or other losses arising out of the use of or inability to use the products form Motivated Incentives LLC.
Technical Requirements
Motivated Incentives product offering is designed for high-speed internet
users. Subscribers that use dial-up
internet may use Motivated Incentives subscription service but will experience
extremely long down-load times due to the size of the files. The subscriber is
responsible for their internet connection and associated download speed.
To complete a download of a campaign and perform the editing function,
subscribers MUST HAVE ADOBE READER 8.0 or HIGHER installed on their
computer. Motivated Incentives offers
free access to this reader software during the download process. Subscribers that have other versions of Adobe
Reader will not be able to perform proper editing.
The subscription service provides access to 4 formatted contest
templates. The following are dimensions
and restrictions:
·
Flyers are standard 8.5 x 11
·
Postcards are 5 x 7
·
Posters are 20 x 30
·
Email campaigns are in HTML format.
Subscribers may also email PDF files of any of the 3 templates
above. This may reduce format errors in
Email however larger files may be more difficult to send.
Contest templates contain fixed text and graphics as well as variable
text boxes for subscriber customization.
The customizable text includes 3 boxes and 1 logo location. The text boxes are limited to 3-4 lines of
text. Length will vary based on actual size of text. Actual text may not be edited for size, color
or style.
HMTL email files are available as a formatted output in the product
catalog. These files were designed primarily for HTML capable email services.
Other emails systems may experience formatting issues when distributing emails.
The subscriber is fully responsible for all format-testing and editing to
correct.
NO GUARANTEE
Motivated Incentives, LLC does not guarantee the success of
your program or any other product or service advertised on Motivated
Incentives, LLC’s site. Motivated Incentives, LLC does not guarantee or warrant
the performance of any person or entity advertising on its site.
GENERAL PRACTICES REGARDING USE AND
STORAGE
You acknowledge that Motivated Incentives, LLC may establish
general practices and limits concerning use of the Service, including without
limitation the maximum number of times (and the maximum duration for which) you
may access the Service in a given period of time. You agree that Motivated
Incentives, LLC has no responsibility or liability for the deletion or failure
to store any messages and other communications or other Content maintained or
transmitted by the Service. You acknowledge that Motivated Incentives, LLC
reserves the right to log off accounts that are inactive for an extended period
of time. You further acknowledge that Motivated Incentives, LLC reserves the
right to modify these general practices and limits from time to time.
MODIFICATIONS TO SERVICE
Motivated Incentives, LLC reserves the right at any time and
from time to time to modify or discontinue, temporarily or permanently, the
Service (or any part thereof) with or without notice. You agree that Motivated
Incentives, LLC shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
Motivated Incentives, LLC at its sole discretion may change
current subscription pricing and will provide you with 30 days notice of any
increases, by email, regular mail, or postings on the Service.
TERMINATION
You agree that Motivated Incentives, LLC may, under certain
circumstances and without prior notice, immediately terminate your Motivated
Incentives, LLC account, any associated Content, and access to the Service.
Grounds for such termination shall include, but shall not be limited to, (a)
breach or violations of the Terms Of Service or other incorporated agreements
or guidelines, (b) requests by law enforcement or other government agencies,
(c) a request by you (self-initiated account deletions), (d) discontinuance or
material modification to the Service (or any part thereof), (e) unexpected
technical or security issues or problems, and/or (f) extended periods of
inactivity, (g) failure to pay for the Service, and (h) violations of any law,
statute, treaty or rule pertaining to your use or connection to the Service.
Termination of your Motivated Incentives, LLC account includes (a) removal of
access to all offerings within the Service, (b) deletion of your password and
all related information, files and content associated with or inside your
account (or any part thereof), and (c) barring further use of the Service.
Further, you agree that all terminations for cause shall be made in Motivated
Incentives, LLC's sole discretion and that Motivated Incentives, LLC shall not
be liable to you or any third-party for any termination of your account, any
associated email address, or access to the Service.
DEALINGS WITH ADVERTISERS AND
ASSOCIATED LINKS
Your correspondence or business dealings with, or
participation in promotions with, advertisers found on or through the Service,
including payment 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 advertiser. You agree that Motivated
Incentives, LLC shall not be responsible or 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 advertisers on the Service.
The Service may provide or third parties may provide links
to other World Wide Web sites or resources. Because Motivated Incentives, LLC
has no control over such sites and resources, you acknowledge and agree that Motivated
Incentives, LLC is not responsible for the availability of such external sites
or resources, and does not endorse and is not responsible or liable for any
Content, advertising, products, or other materials on or available from such
sites or resources. You further acknowledge and agree that Motivated
Incentives, LLC shall not be responsible or liable, directly or indirectly, for
any damage or loss caused or alleged to be caused by or in connection with use
of or reliance on any such Content, goods or services available on or through
any such site or resource.
MOTIVATED INCENTIVES, LLC'S PROPRIETARY
RIGHTS
You acknowledge and agree that the Service and any necessary
software used in connection with the Service ("Software") contain
proprietary and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and agree that
Content contained in sponsor advertisements or information presented to you
through the Service or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as
expressly authorized by Motivated Incentives, LLC or advertisers, you agree not
to use, modify, rent, lease, loan, sell, distribute or create derivative works
based on the Service or the Software, in whole or in part.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
LIMITATION OF LIABILITY
You expressly understand and agree that Motivated
Incentives, LLC, its officers, employees, agents, successor, and assigns, shall
not be liable to you for any direct, indirect, incidental, special,
consequential or exemplary damages, including but not limited to, damages for
loss for loss of profits, goodwill, use, data, or other intangible losses (even
if Motivated Incentives, LLC has been advised of the possibility of such
damages), resulting from: (i) The use or the inability to use the service; (ii)
The cost of procurement of substitute goods or services resulting from any
goods, data, information or services purchased or obtained or messages received
or transactions entered into through or from the service; (iii) Unauthorized
access to or alteration of your transmissions or data; (iv) Statements or
conduct of any third party on the service; or (v) Any other matter relating to
the service.
NOTICE
Motivated Incentives, LLC reserves the right, at its sole
discretion, to change, modify, add or remove portions of these Terms of Use, at
any time. It is your responsibility to
check these Terms of Use periodically for changes. Your continued use of the site following
posting of these updates will mean that you accept and agree to these
conditions. Motivated Incentives, LLC on occasion may provide you with notices,
including those regarding changes to the Terms of Service, by email, regular
mail, or postings on the Site.
NOTICE AND PROCEDURE FOR MAKING CLAIMS
OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Motivated Incentives, LLC respects the intellectual property
of others, and we ask our users to do the same. Motivated Incentives, LLC may,
in appropriate circumstances and at its discretion, disable and/or terminate
the accounts of users who may infringe on the copyrights of others. If you
believe that your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been otherwise
violated, please provide Motivated Incentives, LLC's Copyright Agent the
following information:
Motivated Incentives, LLC's Agent for Notice of claims of copyright
or other intellectual property infringement can be reached as follows:
By mail:
Copyright Agent
c/o Motivated Incentives, LLC Inc.
GOVERNING LAW: DISPUTE RESOLUTION
You agree that all matters
relating to your access or use of the service, including all disputes, will be
governed by the laws of the
In the event that controversy
or a dispute regarding use of this Site arises between you and Motivated
Incentives, LLC, the parties should attempt, promptly and in good faith to resolve
any dispute. If we are unable to resolve the dispute in a reasonable timeframe
(not to exceed 30 days) then either party may request a mediation session to resolve
such dispute or controversy. If the
dispute can not be resolved through mediation, then the parties shall be free
to pursue any right or remedy available by law.
Privacy Policy:
Information
Collection and Use
Motivated Incentives, LLC is the sole owner of the
information collected on this site. We
will not sell, share, or rent this information to others in ways different from
what is disclosed in this statement. Motivated
Incentives.com collects information from our users at several different points
on our website.
Any and all
Motivated Incentives, LLC registered user or customer contact information, including
but not limited to e-mail addresses, phone numbers, or
mailing addresses provided on the Motivated Incentives.com site, is only for
use by persons or entities interested in buying the, product or service offered
by Motivated Incentives, LLC. Unless arranged through Motivated Incentives,
LLC as an approved and bonafide special promotion, Motivated Incentives, LLC
registered users or its customers' contact information may not be used or
provided by anyone in the sale, promotion or solicitation of their business,
products or services. Any violation of this policy shall be considered theft of
Motivated Incentives, LLC information. However, we may, from time to time, in
our sole discretion, share, and lease or sell some of your personally
identifiable information, including your name, phone number, mailing address or
e-mail address, to special advertisers identified by us.
Registration
In order
to use some of the services of this website, a user must first complete the Subscription
Service form. During registration a user is required to give their contact
information (such as name and email address). This information is used to
contact the user about the services on our site for which they have expressed
interest. Please note that the owner's email address and contact phone number
will be displayed to our users.
Order
We
request information from the user on our order form. Here a user must provide
contact information (like name and billing address) and financial information
(like credit card number, expiration date). This information is used for
billing
Cookies
Some of
our business partners use cookies on our site (for example, advertisers).
However, we have no access to or control over these cookies.
Log Files
We use
IP addresses to analyze trends, administer the site, track user's movement, and
gather broad demographic information for aggregate use. IP addresses are not
linked to personally identifiable information.
Sharing
We will
share aggregated demographic information with our partners and advertisers.
This is not linked to any personal information that can identify any individual
person.
We use
a credit card processing company to bill users for goods and services. These
companies do not retain, share, store or use personally identifiable
information for any secondary purposes.
We
partner with another party to provide specific services. When the user signs up
for these services, we will share names, or other contact information that is
necessary for the third party to provide these services. These parties are not
allowed to use personally identifiable information except for the purpose of
providing these services.
Links
This
web site contains links to other sites. Please be aware that we Motivated
Incentives, LLC are not responsible for the privacy practices of such other
sites. We encourage our users to be aware when they leave our site and to read
the privacy statements of each and every web site that collects personally
identifiable information. This privacy statement applies solely to information
collected by this Web site.
Security
This
website takes every precaution to protect our users' information. When users
submit sensitive information via the website, your information is protected
both online and off-line.
When our registration/order form asks
users to enter sensitive information (such as credit card number), that
information is encrypted and is protected with the best encryption software in
the industry - SSL. While on a secure page, such as our order form, the lock
icon on the bottom of Web browsers such as Netscape Navigator and Microsoft
Internet Explorer
Newsletters and Special Offers
We may
send all new members a welcoming email to verify password and username.
Established members will occasionally receive our monthly newsletter and
information on products, services, and special deals. Out of respect for the
privacy of our users we present the option to not receive these types of
communications. Please see our choice and opt-out below.
Site and Service Updates
We also
may send the user site and service announcement updates. Members are not able
to un-subscribe from service announcements, which contain important information
about the service. We communicate with the user to provide requested services
and in regards to issues relating to their account via email or phone.
Correction/Updating Personal Information
If a
user's personally identifiable information changes (such as your phone number
or zip code), or if a user no longer desires our service, we will endeavor to
provide a way to correct, update or remove that user's personal data provided
to us. This can usually be done at the member information page or by emailing
our Customer Support. User's can update their information by going to
http://www.Motivated Incentives, LLC or by emailing customerservice@MotivatedIncentives.com.
It is
the responsibility of the subscriber to update contact information in the event
that you leave a position or company. Failure to provide accurate contact
information for the new subscriber will result in a loss of service. Service is
not refundable.
Choice/Opt-out
Users are
given the opportunity to unsubscribe from our monthly newsletters and special
offers email communications or they may send an email to
customerservice@MotivatedIncentives.com to have their email address removed
from our database. Please note that by using our service and posting classified
ads, Users will receive emails from parties interested in sales compensation.
Users
of our site are always notified when their information is being collected by
any outside parties. We do this so our users can make an informed choice as to
whether they should proceed with services that require an outside party, or
not. You may chose that we not share, lease or sell your personally
identifiable information with special advertisers by sending an e-mail to customerservice@motivatedincentives.com
making that request.
Notification of Changes
If we decide to change our privacy
policy, we will post those changes on our Homepage so our users are always
aware of what information we collect, how we use it, and under circumstances,
if any, we disclose it. If at any point we decide to use personally
identifiable information in a manner different from that stated at the time it
was collected, we will notify users by way of an email. Users will have a
choice as to whether or not we use their information in this different manner.
We will use information in accordance with the privacy policy under which the
information was collected.