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:

  1. Your use of the service is at your sole risk. The service is provided on an “As Is” and “As Available” basis.  Motivated Incentives, LLC expressly disclaims all warranties of any kind, whether express or implied.
  2. Motivated Incentives, LLC makes no warranty that (i) The service will meet your requirements, (ii) The service will be uninterrupted, timely, secured or error free, (iii) The results that may be obtained from the use of the service will be accurate or reliable, (iv) The quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (V) Any errors in the software will be corrected.
  3. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
  4. No advice or information, whether oral or written, obtained by your from the service shall create any warranty not expressly stated in the terms of service.
  5. A small percentage of users may experience Epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the service. If you or anyone in your family has an Epileptic condition, consult your physician prior to using the service. Immediately discontinue use of the service and consult your physician if you experience any of the following symptoms – dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, and any involuntary movement of convulsions.

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:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the site;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

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.
P.O. Box 93195  Southlake, TX 76092

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 United States and by the law of the State of Texas without regard to its conflicts of laws provisions.  You agree to the personal jurisdiction by and venue in the state and federal courts in Tarrant County, Texas, and waive any objection to such jurisdiction or venue.  Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action will be barred.  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 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.