Terms of Use

Updated as of May 10, 2022

This website www.umimotion.com (“Website”) is owned and operated by Umi Motion LLC, a New York limited liability company (“Umi Motion,” “we, “us” or “our”). We refer to anyone accessing or using the Website as a “visitor” or “you”.

These Terms of Use (“Terms”) set forth the terms and conditions under which you may use our Website and the words, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Website (“Content”). By accessing or using the Website or Content (even by browsing), you represent and warrant that you are at least 18 years old and that you agree to abide by and to be bound by these Terms (in addition to any supplemental terms applicable to any particular features, content and functionality, which such supplemental terms are incorporated by reference into the Terms), our Privacy Policy, all applicable laws, and all conditions or policies referenced here. Any use of or access to the Website by anyone under age 18 is unauthorized, unlicensed and in violation of these Terms.

We may amend the Terms at any time by posting a revised version of the Terms on our Website. Access to or continued use of the Website after the effective date of the revised Terms constitutes your acceptance of the revised Terms.

Limited License to Visitors

The Website and Content are solely owned by us and/or our affiliates or licensors, unless otherwise noted, and are protected by copyright, trademark, and other laws.

We grant each visitor a limited, non-exclusive, non-transferable, revocable license to use the Website, subject to the visitor's eligibility and continued compliance with the Terms. Permissions granted by us may be revoked at any time, without advance notice, and with the sole discretion of us. All rights not granted in these Terms are expressly reserved by us.

When you access or use the Website or Content, you agree that:

  1. You will not copy, duplicate, modify, reproduce, republish, upload, post, transmit, translate, sell, market, create derivative works from, exploit, or distribute in any manner or medium (including by email, website, link or any other electronic means) our Website or Content;

  2. You will not use, copy, adapt, imply, or represent that our Website or Content is yours or created by you;

  3. You must receive our written permission before using any of our Website or Content for your own business use or before sharing with others.

Your License to Us

By submitting any material through our Website, such as comments, photos, images or videos or other contributions, you represent that you are the owner of all such materials and you are at least 18 years old.

When you voluntarily submit to us any comment, photo, image, video or any other submission for use on or through our Website, you grant us, and anyone authorized by us, consent to make it part of our current or future Website or Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.  Your rights regarding this personal information can be found in our Privacy Policy. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions on our Website or Content at any time for any reason.

Your Conduct

Umi Motion is not a place for hatred, abuse, discrimination, disrespect, profanity, meanness, harassment, or spam. You understand that you are solely responsible for all electronic communications and content sent from your computer to our Website or to us.

You agree that you will NOT:

  1. engage in any activity that interferes with or disrupts the proper working of the Website, Content, or any activities conducted on the Website;

  2. use the Website or Content for fraudulent purposes or in connection with a criminal offence or to otherwise carry out any unlawful activity;

  3. use the Website or Content to send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that otherwise may injure others;

  4. send, negatively impact, or infect our Website or Content with viruses, malware, or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware; commercial solicitation; chain letters; mass mailings; or any spam, whether intended or not;

  5. use the Website or Content or otherwise submit to us anything that may impersonate any third party or otherwise mislead as to your identity or the origin of your submission;

  6. reproduce, duplicate, copy or resell any part of our Website or Content in any way not in compliance with these Terms or any other agreement with us.

DMCA Complaints

If you believe that your copyrighted work has been used in a way that constitutes copyright infringement under the U.S. Digital Millennium Copyright Act of 1998 ("DMCA") please notify us at copyright@umimotion.com. "Infringement" means the unauthorized use of copyrighted material in violation of intellectual property rights. For such complaint to be valid, you ("Complainant") must provide the following information in writing ("Notice of Infringement"):

  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.

  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

  • information reasonably sufficient to permit us to contact the Complainant, such as an address, telephone number, and, if available, an electronic mail address at which the Complainant may be contacted.

  • a statement that the Complainant has a good faith belief that use of the material in the manner complained of is not authorized by the Complainant, its agent, or the law.

  • a statement that the information in the notification is accurate, and under penalty of perjury, that the Complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The above information must be submitted to the Umi Motion DMCA agent ("DMCA Agent") by mail and email to the following addresses:            

Umi Motion LLC
Attention: DMCA Agent
c/o Northwest Registered Agent LLC
418 Broadway, STE N
Albany, NY 12207

Email: copyright@umimotion.com

Third-Party Websites, Advertisers, or Services

The Website may contain links to third-party websites, advertisers, or services that are not owned or controlled by us. Access to or use of third-party sites or services are at each visitor's own risk. Except as otherwise expressly provided herein, we are not responsible for any loss or damage of any sort relating to visitor dealings with these third-party sites or services. We encourage visitors to be aware of when they leave the Website, and to read the terms and conditions and privacy policy of any third-party website or service that they visit.   

Indemnity

Each visitor agrees to defend, indemnify and hold us, our individual members, subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents harmless from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys' fees and costs) and all amounts paid in settlement arising from or relating to use of the Website or Content, breach of these Terms or violation of any laws. We may assume the exclusive defense and control of any matter for which visitors have agreed to indemnify us, and each visitor agrees to assist and cooperate with us in the defense or settlement of any such matters.

No Warranty

We have no fiduciary duty to any visitor. THE WEBSITE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. USE OF THE SERVICES IS AT VISITOR'S OWN RISK.

Waiver And Release

For visitors in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example, New York residents must, as a condition of this agreement, waive the applicability of New York Civil Code Section 1542 for unknown claims which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." Each visitor hereby waives this section of the New York Civil Code and any similar provision in any law, regulation or code that has the same effect or intent as the foregoing release.

Limitation Of Liability

To the maximum extent permitted by applicable law, in no event shall we be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service

To the maximum extent permitted by applicable law, we assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

For jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of the Terms, for visitors in a jurisdiction that has provisions specific to waiver or liability that conflict with the foregoing, then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future.

Assignment

The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by any visitor, but may be assigned by us without restriction or consent.

Governing Law

Visitors agree that (i) the Website shall be deemed solely based in the State of New York; and (ii) the Website shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than the State of New York. These Terms shall be governed by and construed in accordance with the laws of the State of New York and applicable federal law, without respect to conflict of laws principles. Any claim or legal action in connection with or related to these Terms will be brought in a court of competent jurisdiction located in the New York, New York. You hereby submit to jurisdiction and venue. 

Cooperation With Authorities and Police Enforcement

We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Services when requested.

Notification Procedures

Visitors agree that we may provide notifications to such visitor via email, written or hard copy notice, or through conspicuous posting of such notice on our Website. Visitors may opt out of certain means of notification or to receive certain notifications.

Entire Agreement/Severability

The Terms, including any policies, agreements, terms, or laws referenced herein, are the entire agreement between each visitor and us regarding its subject matter. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No failure or delay on the part of us in exercising any provision, right, or remedy provided in the Terms shall operate as a waiver thereof; nor shall any single or partial exercise of or failure to exercise any such provision, right, or remedy preclude any other or further exercise thereof or the exercise of any other provision, right, or remedy provided herein or at law or in equity. The headings contained in these Terms are for reference purposes only and shall not affect the meaning or interpretation of the Terms.

Changes To Terms

We may alter the Terms at any time, so please review them frequently. If a material change is made, we may notify visitors on the Website, by email, by means of a notice on the Website, or other places we think appropriate. A "material change" will be determined at our sole discretion, in good faith, and using common sense and reasonable judgment.

Contact

Umi Motion LLC
c/o Northwest Registered Agent LLC
418 Broadway, STE N
Albany, NY 12207