Terms of Service
Last updated July 17, 2023
Welcome to Data in Motion. These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Data in Motion (“we,” “us” or “our”), concerning your access to and use of the datainmotion.org website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.
We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Definitions
Vocabulary
“We”, “us”, “our”, “Company” refers to the seller – Data in Motion.
‘You’, ‘Client’, ‘User’ is the person who uses the website and/or the person who places an Order with the Company to obtain the Product according to his or her requirements and is governed by the defined terms and conditions laid out in this Agreement.
‘Agreement’ refers to these Terms and Conditions.
‘Company’ means the entity that provides independent research and writing services to Clients according to the defined terms laid out in this Agreement.
‘Website’ stands for this website that is open for free visual review, operated by the Company, publicly available online at www.d-i-motion.com.
‘Product’ is a document in an electronic format that is the final result of Order completion.
‘Order’ is an electronic request of a paid service from the Client for a particular Product and/or service.
‘Terms’ refers to this terms and conditions document here.
Acceptance of Terms and Conditions
In consideration of your use of our services, you agree to provide true, accurate, and complete information about yourself when prompted by the Site and ordering process. We have the right to reject your order if your information is inaccurate, untrue, incomplete, or hinders our ability to fulfill its services in any meaningful way. You must be age 18 or older to use any services offered by us. When using our services you affirm that you are ages 18 or older and fully competent to make online transactions.
Nature of Product and Terms of Use
The Company offers a service which allows Client to obtain unique recommendations intended to assist the Client in obtaining insights into their data. The purpose of this Agreement is to provide Clients with Product or services in accordance with the instructions of the Client. All that the Company provides, is intended only for the purpose of the analysis of data and not for any other purpose. The Company is also not responsible for any negative outcomes or consequences that may arise from the use of the Product by the Client.
Placing an Order using false information, including an Order made for another person and a person under 18 years old with no prior consent of a parent or legal guardian, is a violation of the terms of the given Agreement.
Privacy
Your use of www.d-i-motion.com/privacy-policy is subject to our Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Refund Policy
All sales are final. There is no trial or grace period after purchasing the service. We will work with you by providing revisions and address any concerns you have for up to 14 days after receiving your initial order but will be unable to provide full or partial refunds once an order has been placed. If you have yet to work with any of our analysts to analyze your data, we will usually honor your request for a refund. After you’ve received an analysis of your data, we will not honor your request for a refund.
Promotional Materials
The Company reserves the right to contact the Clients by email regarding new services, discounts, special offers, and any other information that the Company may deem useful for the Clients.
The Client consents to receive emails and other forms of electronic communications, including but not limited to push notifications, SMS from the Company.
The Client can opt-out of further receiving any commercial and marketing emails via the link included in these emails.
Limitation of Liability
BY USING THE SITE, YOU ARE AGREEING THAT WE WILL NOT FOR ANY REASON OR CIRCUMSTANCE, AND REGARDLESS OF LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, HOWEVER CAUSED, AND REGARDLESS OF CHARACTER, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, OR ANY OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM. THIS HOLDS TRUE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY APPLIES TO, BUT IS NOT LIMITED BY THE FOLLOWING – ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, OR INABILITY TO USE, THE SITE (INCLUDING ANY SERVICE OFFERED ON OR THROUGH THE SITE), OR ANY ERRORS OR OMISSIONS IN THE CONTENT OF, OR PERFORMANCE OF THE SOFTWARE ON, THE SITE (INCLUDING ANY SERVICE OFFERED ON OR THROUGH THE SITE). IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF THE ABOVE-MENTIONED DAMAGES, THE LIABILITY OF THE COMPANY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Warranty Disclaimer
UNLESS IT IS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND US, OUR SITE, OUR SERVICES, AND OUR MATERIALS ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF OMISSION. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED/EXPLICIT WARRANTIES, THE LIABILITY OF THE COMPANY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. EXCEPT FOR THE GUARANTEES THAT ARE MENTIONED WITHIN THIS TERMS AND CONDITIONS, WE OFFER NO WARRANTIES OR GUARANTEES REGARDING THE EFFECTIVENESS OR TIMELINESS OF THE SERVICES IN MEETING YOUR DATA NEEDS OR EXPECTATIONS. WE DO NOT GUARANTEE THAT OUR SITE WILL REMAIN ERROR-FREE, FREE OF VIRUSES, TROJAN HORSES, VIRUSES, OR HARMFUL CODE. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, RESEARCH, OR OTHER DECISIONS THAT YOU MAKE BASED ON THE DATA ANALYSIS PROVIDED, REGARDLESS OF THE REASON MADE.
Indemnification Clause
You agree to indemnify, defend, and hold us harmless from any claims, losses, expenses, demands, costs, liabilities, or damages, including but not limited to legal fees arising from the use of our Site or services or from the violation of our terms of services.
Payments
By purchasing a service made available through us, you agree to pay the fees associated with the transaction, including but not limited to any transaction fees or taxes.
When making a purchase, the buyer shall make an upfront payment equivalent to the price of the service that the buyer chose. The buyer is able to make the payment through credit card, debit card, or PayPal. Receipt of the payment will be sent to the buyer’s email account that the buyer was required to enter during the payment process.
All service prices that we offer are shown in US dollar currency. Therefore, the buyer will make payment using US dollar currency regardless of location.
Testimonial
By writing a testimonial for us, you agree, give permission to, and grant us the license required to use your testimonial on pages of our Site. We are able to use the whole or parts of your testimonial. We reserve the right to edit any grammatical or spelling mistakes made on that testimonial. If you do not agree to these terms and conditions, do not submit a testimonial to us. If you wish to take your testimonial down, please contact us. Contact information is shown below.
Termination
We reserve the right to terminate your right to use any of our services even if you have paid for the service for any of the following reasons:
The information you provided is misleading or false
You are not cooperating with the execution of your order
We have reason to believe you are involved with fraudulent activity
We have reason to believe you are causing harm to our servers or attempting to do so
Online Conduct of Participants
To maintain a professional and respectful environment, all participants are expected to adhere to the following guidelines for online conduct:
Respect: Treat all participants with kindness and respect. Disparaging remarks, personal attacks, or any form of harassment will not be tolerated.
Professionalism: Maintain a professional demeanor in all interactions. Use appropriate language and avoid sharing inappropriate or offensive content.
Privacy: Respect the privacy of others. Do not share personal information about other participants without their explicit consent.
Integrity: Be honest and transparent in your actions. Do not engage in deceptive practices or misrepresent yourself or your intentions.
Compliance: Adhere to all rules and regulations outlined in our Terms of Service. Violations may result in disciplinary action, including but not limited to, temporary or permanent ban from the platform.
Please note that fees or payments made to d-i-motion will not be refunded if a participant is banned for violating these guidelines. You agree to abide by these guidelines by participating in our online community. We reserve the right to remove any content we deem inappropriate or in violation of these guidelines, and to take appropriate action against any participant who violates these rules, including banning without refund.
Your Consent To These Terms
By accessing and using the Site, you consent to and agree to be bound by the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on this web page so that you will always be able to understand the terms and conditions that apply to your use of the Site.
If you have additional questions or comments of any kind, or if you see anything on the Site that you think is inappropriate, please let us know by e-mail bryank@vet-dev.com.