Acceptance of Terms.  The services that Motivity Incorporated (“Motivity”) provides to you are subject to the following Terms of Use.  Motivity reserves the right to update the Terms of Use at any time without notice to you.  The most current version of the Terms of Use can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of our Web pages.  BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Description of Services.  Motivity provides you with access to a variety of resources including product information, tools, and blogs (collectively the “Services”).  The Services, including any updates, enhancements, and new features, are subject to the Terms of Use.

Personal and Noncommercial Use Limitation.  The Services are for your personal and noncommercial use.  You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software or services obtained from the Services.

Privacy and Protection of Personal Information.  See the Privacy Statement disclosures relating to the collection and use of your personal information.

Software Notice.  Any software made available by Motivity, including The Motivity Process (“Software”) is the copyrighted work of Motivity.  Use of the Software is governed by the terms of the license agreement, which accompanies the Software (“License Agreement”).  By your use of the Software, you agree to these Terms of Use.  Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

THE SOFTWARE IS WARRANTED ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.  EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, MOTIVITY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT.

FOR YOUR CONVENIENCE, MOTIVITY MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE, TOOLS AND UTILITIES FOR USE OR DOWNLOAD.  MOTIVITY DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES.  PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN THE SOFTWARE.

Notice Specific to Documents Available on this Web Site.  Permission to use documents (e.g., white papers, press releases and FAQs) from the Services is granted, provided that: (1) the copyright notice below appears in all copies and that both the copyright notice and this permission notice appear; (2) use of such documents from the Services is for informational and noncommercial or personal use only and will not be copied or posted on any network computer or broadcast in any media; and (3) no modifications of any documents are made.  Use for any other purpose is expressly prohibited.

Documents specified above do not include the design or layout of the Motivity.com Web site.  Elements of the motivity.com Web site are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part.  No logo, graphic, sound or image from the motivity.com Web site may be copied or retransmitted.

MOTIVITY AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE.  ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.  MOTIVITY AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  IN NO EVENT SHALL MOTIVITY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR DIRECT DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.

Account, Password, and Security.  If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable form.  You will choose an Identification and Password.  You are entirely responsible for maintaining the confidentiality of your Identification and Password and for all activities that occur under your Identification.  You agree to notify Motivity immediately of any unauthorized use of your Identification or any other breach of security.  Motivity will not be liable for any loss that you may incur as a result of someone else using your Identification or Password, either with or without your knowledge.  However, you could be held liable for losses incurred by Motivity or another party due to someone else using your Identification or Password.  You may not use anyone else’s Identification or Password at any time.

No Unlawful or Prohibited Use.  As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices.  You may not use the Services in any manner that could damage, disable, overburden, or impair any Motivity server, or the networks connected to any Motivity server, or interfere with any other party’s use and enjoyment of any Services.  You may not attempt to gain unauthorized access to any Services, other Identifications or Passwords, computer systems or networks connected to any Motivity server or to any of the Services, through hacking, password mining or any other means.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

Use of Services.  By way of example, and not as a limitation, you agree that when using the Services, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights, such as rights of privacy and publicity, of others.

Upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.

Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws, or by rights of privacy or publicity, unless you own or control the rights thereto or have received all necessary consent to do the same.

Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.

Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.

Violate any applicable laws or regulations.

Create a false identity for the purpose of misleading others.

Use, download or otherwise copy, or provide to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

Motivity has no obligation to monitor the Services.  However, Motivity reserves the right to review materials posted in connection with the Services and to remove any materials in its sole discretion.

Motivity reserves the right at all times to disclose any information as Motivity deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Motivity’s sole discretion.

Information Provided to Motivity.  Motivity does not claim ownership of the information you provide to Motivity, including feedback, suggestions, or input with respect to the Services (“Submissions”).  However, by providing or submitting (“Posting”) your Submissions you are granting Motivity, and necessary sub-licensees, worldwide, perpetual, irrevocable, transferable, royalty free, permission to use your Submissions in order to provide the Services and for any other business purpose.  No compensation will be paid with respect to the use of your Submissions, as provided herein.  Motivity is under no obligation to post or use any Submission you may provide and Motivity may remove any Submission at any time in its sole discretion.  By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submissions including, without limitation, all the rights necessary for you to provide, input or submit the Submissions.

Links to Third Party Sites.  CERTAIN IMBEDDED LINKS, IF ANY, WILL LET YOU LEAVE MOTIVITY’S SITE.  THE LINKED SITES ARE NOT UNDER THE CONTROL OF MOTIVITY AND MOTIVITY IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES.  MOTIVITY IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE.  MOTIVITY IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY MOTIVITY OF SUCH SITES.

Copyright Notice.  Copyright ©2014 Motivity Incorporated U.S.A.  All rights reserved.

Trademarks.  Motivity, Talent Profile, Relationship Constellation, and other marks referenced herein are either registered trademarks or trademarks of Motivity in the United States and/or other countries.

Any rights not expressly granted herein are reserved.

Please send your questions to info@motivity.com.

Statement of Privacy

Last Updated June 2014

Motivity is committed to protecting your privacy.  You can visit most pages on our Web site without giving us any information about yourself.  But sometimes we do need information to provide services that you request, and this privacy statement explains data collection and use in those situations.  Please read the complete privacy statement.

Collecting your Personal Information.  Motivity will ask you when information is needed that personally identifies you (“Personal Information”) or allows us to contact you.  Personal information collected by Motivity.com often is limited to e-mail address, language, country or location, but may include other information when needed to provide a service you requested.

Motivity may also collect certain information about your computer hardware and software.  This information may include: your IP address, browser type, operating system, domain name, access times and referring Web site addresses.  This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of Motivity.com.  Motivity may also collect information about which pages our customers visit within our Web site.

Use of your Personal Information.  Motivity uses your Personal Information for the following primary purposes:

To ensure our Web site is relevant to your needs.

To deliver services, such as newsletters, free work skill information, or events.

To help us create and publish content most relevant to you.

To alert you to product upgrades, special offers, updated information and other new services from Motivity, if you so request.

Motivity shall have the right to store, use, disseminate, publish and otherwise provide to third parties information you provide for statistical and analytical purposes and in connection with Motivity’s services, presentations or publications including third party publications, provided that such information when used, disseminated or published: (i) is only in the form of aggregated data that includes similar information from other sources; and (ii) such that third parties cannot identify your information from the data used, disseminated or published by Motivity.

Motivity will disclose your Personal Information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on Motivity; (2) protect and defend the rights or property of Motivity; and, (3) act in urgent circumstances to protect the personal safety of users of Motivity or the public.

Control of your Personal Information.  When you give Motivity Personal Information, Motivity will not disclose that information to third parties, other than for the limited exceptions listed above, and by your use you consent to such disclosure.

Security of your Personal Information.  Motivity uses reasonable commercial efforts to protect the security of your Personal Information and honors your choices for its intended use.  Motivity carefully protects your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.  Your Personal Information is never shared by Motivity, except under conditions explained above.  Inside Motivity and its hosting suppliers, data is stored in password-controlled servers with limited access.  Your information may be stored and processed in the United States or any other country where Motivity or its suppliers are located.

Use of Cookies.  When you visit Motivity’s site, a “cookie” may be placed on your machine, if you accept cookies, or may be read if you have visited the site previously.  Cookies are pieces of information or data sent to your browser from a web server and stored on your computer’s hard drive for record-keeping purposes.

Changes to this Statement.  Motivity will occasionally update this privacy statement.  When we do, we will also revise the “last updated” date at the top of the privacy statement.  For material changes to this statement, Motivity will notify you by placing a prominent notice on the Web site.

Contact Information.  Motivity welcomes your comments regarding this Statement of Privacy.  Please contact us at info@motivity.com.

Last updated June 24, 2024.