Terms of service

Review and agree to our regulations to use this site.

OVERVIEW

This website is owned and operated by Motion LP. Throughout the site, the terms “we”, “us” and “our” refer to Motion LP. Motion LP offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.

These Terms of Service (the “Terms”) apply only to our website, applications, tools, and other content and services that are available on the website (collectively, the “Services”). THESE TERMS DO NOT APPLY TO, OR GOVERN YOUR USE OF, MOTION LP’S “CLEARANCE OUTLET” AVAILABLE AT THE FOLLOWING HYPERLINK: https://motioncaresclearance.myshopify.com/. Please read these Terms of Service carefully before accessing or using our website. By downloading, accessing, or using our Services or the site, you agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

If you do not agree with, or cannot comply with, these Terms, then you may not access the website or use any Services.

Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – USE OF THE SITE

Motion LP is located in Canada and, unless otherwise specified, the Services and site are directed solely at those who access the site from Canada. Motion LP makes no representation that any Services are appropriate for use or available in other locations. If you choose to access the site from outside of Canada, you are responsible for compliance with local laws, if and to the extent local laws are applicable.

The information on this site is for your own personal informational purposes only. As a condition of your use of this site, you represent and warrant that: (i) you have reached the age of majority in your province or territory of residence; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use this site in accordance with these Terms; and (iv) all information supplied by you on this site is true, accurate, current, and complete.

Subject to your continued compliance with these Terms and the restrictions set out in Section 12, Motion LP grants you a non-exclusive, non-transferable, non-assignable, royalty-free, revocable license to use the site and Site Materials (defined in Section 2) for your personal purposes.

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 2 – OUR PROPRIETARY RIGHTS

As between you and Motion LP, Motion LP owns or holds the rights to the site and all data, content, graphics, forms, artwork, images, photographs, functional components, software, documentation, and other material on, in, or made available through the site (“Site Materials”), as well as the selection, coordination, arrangement, organization, and enhancement of the Site Materials. Neither your use of the site nor any Site Materials will create or grant you any rights in or to the site or Site Materials. Any copies of the Site Materials made by you: (i) will be the exclusive property of Motion LP; (ii) will be subject to these Terms; and (iii) must include all Brand Features (defined below) contained in the original.

The site and all Site Materials are protected pursuant to copyright, trademark, and other applicable laws. Except for third party marks, as between you and Motion LP, all names, trademarks, service marks, certification marks, symbols, icons, slogans, or logos appearing on the site are proprietary to Motion LP or its affiliates, licensors, or suppliers (“Brand Features”). Use or misuse of the Brand Features is expressly prohibited. Unless otherwise expressly authorized by Motion LP in writing, you may not copy or use any Brand Features.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICES

We will use commercially reasonable efforts to maintain the Services and keep the site operational. However, certain technical difficulties, maintenance, testing, or updates required to reflect changes in applicable laws and regulatory requirements, as well as users’ devices and internet connection, may, from time to time, result in temporary interruptions. We reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Services, with or without notice, all without liability to you, except where prohibited by applicable law. You understand, agree, and accept that Motion LP makes reasonable efforts to, although it has no obligation to, maintain, support, upgrade, or update the Services.

We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Services.

SECTION 5 – ACCURACY OF INFORMATION

You agree to provide current, complete and accurate purchase information for all forms completed on our website, where applicable.

SECTION 6 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 7 – THIRD-PARTY LINKS; SOCIAL MEDIA

Certain content, products and services available via our Services may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us, including social media websites, platforms, and applications. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

We may offer you the opportunity to engage with our content on or through our social media platforms. Motion LP may, but is not required to, monitor its social media platforms, and reserves the right to edit, move, or remove all or any portion of any posts, tweets, comments, messages, captions, photos, videos, and/or other social media content or materials for any reason whatsoever. If you voluntarily submit or post any content to any of our social media platforms, certain elements of your personal information may be automatically included in the posting, including your user name and email address, and this information may be collected and used by others. Motion LP has no control over, and is not liable for, your use of social media in connection with our social media platforms, including the collection, use, or disclosure of any content you post by other users of such social media platforms. You are solely responsible for your own compliance with any additional or different terms of use, privacy policies, and community standards, practices, or guidelines applicable to the social media platform.

SECTION 8 – LINKS TO THE SITE

Motion LP permits links to the site, provided that any references and links to the site are fair, legal, and would not reasonably be deemed to damage or take advantage of our reputation. You may not link to the site in a way that suggests or indicates any affiliation, association, or approval between you and Motion

LP where such affiliation, association, or approval does not exist. In addition, you must adhere to the following conditions if you link to the site: (a) you may not establish a link from any website that is not owned by you; (b) you may not cause the site or portions of the site to be displayed, or appear to be displayed, on any website; and (c) you may not take any action with respect to the Site Materials that is in violation of, or inconsistent with, any provision set out in these Terms. Where any link to the site includes the use of a Brand Feature, the goodwill in such use shall accrue to the sole benefit of Motion LP.

You agree to immediately cease linking to the site, and to remove any existing links to the site, upon notice from Motion LP. Motion LP reserves the right to withdraw its permission to link to the site, or to disable any links to the site, at any time, without notice, at Motion LP’s sole discretion.

SECTION 9 – USER CONTENT

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you post, upload, or otherwise contribute to the site any content (which may include questions, photos, videos, comments, suggestions, ideas, and/or other types of content), or you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “User Content”), you grant Motion LP a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide license to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display such User Content in any media, now known or hereafter devised.

If you provide feedback, ideas, or suggestions to Motion LP in connection with the site or Services (“Feedback”), you acknowledge that we are and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback. For clarity, Feedback is considered User Content.

We may, but have no obligation to, monitor, edit or remove User Content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or violates any of our or a third party’s intellectual property or these Terms of Service, including your engagement in any prohibited activities described in Section 12. Motion LP may take these actions without prior notification to you or any third party.

You agree that your User Content will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your User Content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or the website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any User Content. You are solely responsible for any User Content you make and their accuracy, including the compliance of such User Content with applicable laws. We take no responsibility and assume no liability for any User Content posted by you or any third-party. Motion LP does not endorse any opinion contained in any User Content.

You understand that your User Content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

SECTION 10 – PERSONAL INFORMATION

You acknowledge and agree that by providing us with your personal information, you consent to the collection, use, and disclosure of such information in accordance with our Privacy Policy and for the purposes identified to you at the time you provide the personal information. To view our Privacy Policy please visit the following hyperlink: https://motioncares.ca/privacy-policy/.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Services that contain typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on the website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Services or on the website, except as required by law. No specified update or refresh date applied in the Services or on the website, should be taken to indicate that all information in the Services or on the website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or the Site Materials: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or provincial regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or other enumerated grounds of discrimination; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of the website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to reproduce, duplicate, copy, sell, resell, or exploit the Services, the site, access to the site, or any portion of the site without express written permission by us; (l) to transmit any advertising or promotional materials; or (m) to interfere with or circumvent the security features of the Services or the website, other websites, or the Internet, or to tamper with, breach, or attempt to probe, scan, or test for vulnerabilities in the site or any of our security components, authentication measures, or any other protection measures applicable to the Services, Site Materials, or any part thereof. We reserve the right to terminate your use of the Services or the website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Motion LP’s warranty policy can be found at the following hyperlink: https://motioncares.ca/warranty/ (“Warranty Policy”).

Except as may be expressly set out in the Warranty Policy, we do not guarantee, represent or warrant that: (a) the site, the Site Materials, and/or your use of our Services will be uninterrupted, timely, secure or error-free; (b) defects will be corrected; (c) our site or the servers that make our site available are free

of viruses or other harmful components; or (d) any results that may be obtained from the use of the site or the Services will be accurate or reliable. You assume full responsibility for any costs associated with your use of our site.

EXCEPT AS MAY BE EXPRESSLY SET OUT IN THE WARRANTY POLICY, YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES AND THE SITE IS AT YOUR SOLE RISK AND THAT THE SERVICES AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SITE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

To the maximum extent permitted by applicable law, in no event shall Motion LP, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any indirect, incidental, punitive, special, or consequential damages of any kind, or lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of, or inability to use, the site or any of the Services or any products procured through the site, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any Site Materials, or any loss or damage of any kind incurred as a result of the use of the Services or any Site Materials posted, transmitted, or otherwise made available via the Services, even if Motion LP has been advised of the possibility of such losses or damages in advance.

The maximum aggregate liability of Motion LP under these Terms in contract or tort (including negligence), as a result of a breach of warranty, strict liability, indemnity, or under any other theory of liability whatsoever, shall be limited to direct damages in an amount equal to the amount paid by you for accessing this website.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Motion LP and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of: (i) your breach of these Terms of Service or the policies they incorporate by reference; (ii) your violation of any law or the rights of a third-party; (iii) any User Content that you post, contribute, or otherwise submit on or through the site; and (iv) any activity that you engage on or through the site, including your use of the Services.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, all without affecting the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.

Unless terminated by Motion LP in its sole discretion, these Terms remain in full force and effect while you use the Services. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

We may at any time, with or without prior notice, restrict or prohibit your access to or use of the site and Site Materials, or any part thereof, for any reason, including for failure to comply with these Terms, for providing us with untrue or inaccurate information about yourself, or for infringement upon our proprietary rights.

SECTION 17 – WAIVER & ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Province of Ontario and the Federal laws of Canada applicable therein. You hereby consent and attorn to the exclusive jurisdiction of the courts located in the Province of Ontario.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace all or any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes that may affect you. Your continued use of or access to our website or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at contact@motioncares.ca.