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Terms & Conditions

Last updated: 9/13/2024

THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between MOTIV8 LLC, a limited liability company (“MOTIV8”) and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of MOTIV8’s website: https://motiv8.team (the “Website”) and any related media. Failure to agree to and adhere to all terms herein results in the express prohibition of Client’s use of the Website. If Client disagrees, the relationship shall cease immediately, except any payment obligation to MOTIV8 for services rendered will remain.

1. Intellectual Property Rights

Unless otherwise indicated, the Website is the property of MOTIV8, and all source code, databases, functionality, designs, audio, video, text, graphics, and trademarks (the “Content” and “Marks”) are owned by MOTIV8 and protected by applicable intellectual property laws. No part of the Website may be reproduced or exploited for commercial purposes without express written permission from MOTIV8.

2. Ownership of Materials

All design and original source files created for Client (“Projects”) belong to Client, who will be the sole owner of the copyright for all Projects. If by law, MOTIV8 becomes the owner of a Project, it irrevocably assigns its interest to Client. Client warrants that materials provided to MOTIV8 for use in Projects do not infringe third-party rights.

3. Third-Party Fonts

If any Project incorporates fonts that require a commercial license (“Third-Party Fonts”), MOTIV8 will notify Client, who will be responsible for purchasing the required licenses. Client assumes responsibility for legal use of Third-Party Fonts.

4. User Representations

By using the Website, Client represents that:

  • Client has the legal capacity and agrees to comply with these Terms of Use.
  • Client is not a minor in their jurisdiction.
  • Client will not access the Website through automated or non-human means.
  • Client will not use the Website for illegal purposes.
  • Client’s use of the Website will comply with all applicable laws.

5. Prohibited Activities

Client agrees to refrain from the following:

  • Unauthorized use of the Website.
  • Retrieving data for creating a database.
  • Interfering with security features of the Website.
  • Engaging in framing, reverse-engineering, or attempting to bypass security measures.
  • Harassing, threatening, or misleading MOTIV8 or its users.
  • Uploading viruses, or using the Website in a way that harms MOTIV8 or others.
  • Using the Website in violation of applicable laws.

6. Client Feedback

Client agrees that any feedback or submissions provided (“Submissions”) will become the sole property of MOTIV8, except for materials governed under Paragraph 2. MOTIV8 reserves the right to use Submissions without acknowledgment or compensation to Client.

7. Management and Oversight

MOTIV8 reserves the right to monitor the Website for violations of these Terms and take appropriate legal action. Access to the Website may be restricted or denied at MOTIV8’s sole discretion.

8. Privacy Policy

By using the Website, Client agrees to abide by the Privacy Policy. The Website is hosted in the United States, and by using it, Client consents to the transfer of data to the U.S. and processing according to U.S. laws.

9. Returns and Refunds

MOTIV8 reserves the right to deny refunds at its discretion. Refund requests are assessed on a case-by-case basis. Should Client request a refund during the first month, all materials created by MOTIV8 are owned by the company and may not be used by the Client. A 25% fee may be applied to refunds.

10. Modification

MOTIV8 reserves the right to modify or discontinue all or part of the Website without notice. Changes may be made to the Website without liability to Client.

11. Connection Interruptions

MOTIV8 does not guarantee continuous access to the Website and is not liable for any interruptions, delays, or errors caused by factors beyond its control.

12. Governing Law

These Terms of Use are governed by the laws of the State of Wyoming.

13. Litigation

All legal disputes shall be resolved in the state courts of Wyoming or the U.S. District Court for the District of Wyoming. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

14. Disclaimer

The Website is provided on an “as-is” basis. MOTIV8 disclaims all warranties regarding the Website, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

15. Limitations of Liability and Indemnification

MOTIV8 and its agents are not liable for any direct, indirect, or consequential damages arising from Client’s use of the Website. Client agrees to indemnify MOTIV8 for any claims arising from Client’s use of the Website or breach of these Terms.

16. User Data

Client is responsible for data transmitted to or related to their use of the Website. MOTIV8 is not liable for the loss or corruption of data.

17. Electronic Communications, Transactions, and Signatures

Client consents to receive electronic communications from MOTIV8 and agrees that electronic communications satisfy legal requirements. Client agrees to the use of electronic signatures and records.

18. Showcasing Design Work

MOTIV8 reserves the right to publicly share design work on digital channels unless otherwise agreed upon. Clients may issue an NDA to prevent public sharing.

19. Miscellaneous

These Terms constitute the entire agreement between Client and MOTIV8. If any provision is found unlawful or unenforceable, it will not affect the remaining provisions. The relationship between Client and MOTIV8 is not a joint venture, partnership, employment, or agency relationship.

20. Contact Information

For questions or complaints regarding the Website, please contact MOTIV8 at: [email protected].