OWNERSHIP. To the maximum extent permitted under any authorizations necessary for incorporation of third party content into the Website and the MV System, the entirety of the MV System and all content on the Website, including (but not limited to), text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and the compilation of any of the foregoing, is the property of MV, our licensors, or our Affiliates and are protected by United States and international copyright laws. Except to the minimum extent otherwise expressly permitted under copyright law or third party licenses, no copying, reproduction, modification, use, distribution, or display of the material herein, thereon, or in the MV System (regardless of the form or media and whether by download or otherwise) is permitted without the express written permission of MV and any other applicable copyright owner.
TRADEMARKS. The names "Movista" and "MVRETAIL", and any and all logos and designs connected thereto or associated therewith ("Trademarks") are the exclusive property of MV and are protected by the Lanham Act and other federal and state law. You may not use the Trademarks in any way, including, but not limited to, use as meta tags, ad words, key words with search engines, or any other "hidden text", or the like without the express written consent of MV. If you have signed a Subscription Agreement, you agree to display such signs and notices as MV may prescribe from time to time. You may not modify or alter, in any way, the content of such signs or notices. You authorize us to use and disclose your business name, brand, trademark, service mark, logos, and like source-identifying symbols in connection with the advertisement and promotion of the Website, the Services, and the MV System. We also may refer to you as a customer of the MV System during the term of any Subscription Agreement between you and MV.
LIMITED LICENSE AND PROHIBITED ACTIVITIES. You have a limited right and license to access the Website for your own specific business or personal use. You may not modify any page on our Website, and you may not
Attempt to decompile or reverse engineer any software furnished or made available to you by MV;
Remove any copyright or other proprietary notations from any materials furnished or made available to you by MV;
Transfer any materials furnished or made available to you by MV to another person; or
"Mirror" any of the materials furnished or made available to you by MV on any other server.
In addition, you represent and warrant that any and all information you post or otherwise provide to MV by means of the Website or otherwise, including, without limitation, as part of any registration or application or to gain access to any Services, is true, accurate, not misleading, and offered in good faith. Any information disclosed to you via the Services may be used only for its intended purpose. MV expects that you will exercise caution, good sense, and proper judgment in using the Services. You may be held liable for any illegal or prohibited content that you provide to MV or to other users, including, for example, infringing, defamatory, or offensive materials. You may not, and hereby represent and warrant that you will not, post, transmit, e-mail, or otherwise make accessible on or through the Website or the MV System content that:
Is knowingly unlawful, harmful, threatening, tortious, defamatory, libelous, abusive, disparaging, pedophilic, pornographic, obscene, invasive of another’s rights, hateful, or malicious;
Contains hate propaganda or promotes discrimination or violence against any person or group of persons on account of their race, national origin, religion, age, gender, disability, or sexual orientation;
Is or could be harmful to minors;
Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing (or“spamming”) in violation of applicable law;
Promotes information that you know (or, through the exercise of ordinary care, should have known) is false, misleading, or promotes illegal activities or conduct;
Infringes any patent, copyright, trademark, service mark, trade secret, or other Intellectual Property Right or other right of any other party;
Provides material that exploits or portrays persons under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
Provides instructional information about illegal activities;
Contains a software virus or any other code, files, or programs that are designed to or have the ability to interrupt, destroy, disable, compromise, or otherwise limit the functionality of any computer programs or hardware or telecommunications equipment whether owned by MV or any other person or party;
Solicits passwords, or personally identifying information for commercial or unlawful purposes from other users or customers of MV;
Invades, misappropriates, or otherwise violates the right of privacy or the right of publicity of any person; or
Otherwise violates any local, state, national, or other applicable law or regulation.
In addition, you may not, in connection with the Website or the MV System:
Impersonate any person or entity, including a MV officer or employee, or falsely misrepresent your identification or affiliation in any other way;
Forge headers or otherwise manipulate identifiers for the purpose of disguising the origin of any content posted or transmitted through or on this Website or through the MV System;
Disrupt the ordinary flow and operation of any portion of this Website or the MV System;
Interfere with or disrupt this Website or any server or network involved with the operation of this Website or the MV System;
Stalk or harass any other person; or
Collect or “harvest” from this Website or the MV System the names of other users or MV customers or other data belonging to other users or subscribers to the MV System for the purpose of transmitting to such other persons unsolicited commercial messages.
Portions of this Website and the MV System utilize components developed pursuant to one or more of the following open source licenses and such respective portions of the Website and/or the MV System are therefore subject, to the minimum extent required by such licenses (and no more), to the terms and conditions set forth below (all other portions of this Website and the MV System are subject solely to the license terms set forth above and exclusive of the below open source license terms):
Silverstripe Limted BSD License:
Copyright (c) 2006-10, SilverStripe Limited - www.silverstripe.com. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of SilverStripe nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
jQuery MIT License:
Copyright (c) 2011 John Resig, http://jquery.com/
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BELIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTIONOF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTIONWITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
CONSEQUENCES OF TERMINATION . Upon termination of your rights hereunder, you must destroy any downloaded materials or other materials furnished to you by MV in your possession whether in electronic or printed format and you must cease all use of the Website and the MV System.
REVISIONS AND ERRORS . The materials appearing on MV's Website could include technical, typographical, or photographic errors. MV does not warrant that any of the materials on its web site are accurate, complete, or current. MV may make changes to the materials contained on its web site at any time without notice. MV does not, however, make any commitment to update the materials.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY AND INDEMNITY.
The MV System, this Website and the Services ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MV MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE MV SYSTEM, THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES OR PRODUCTS INCLUDED ON OR DESCRIBED IN THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MV SYSTEM AND THIS WEBSITE IS AT YOUR SOLE RISK.
THIS LIMITATION OF LIABILITY APPLIES TO ALL LIABILITIES IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM YOUR USE OR YOUR INABILITY TO USE THE MV SYSTEM, THIS WEBSITE, OR DERIVE BENEFIT FROM THE MV SYSTEM OR THE SERVICES, OR ANY OTHER MATTER ARISING FROM OR RELATING TO THIS WEBSITE, THE MV SYSTEM, OR THE SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify and hold MV and its affiliates harmless, and, at MV's request, to defend MV and its Affiliates from and against any allegation, claim, demand, cause of action, debt, loss or liability, including reasonable attorneys' fees, to the extent that such action is based upon, arises out of, or relates to your use (or inability to use) this Website, the MV System, or any of the Services or any other activities of yours through using this Website, the MV System, or the Services. You agree that your use of this Website, the Services, and the MV System are for business and/or commercial purposes and not for personal, family, or household purposes.
LINKS . MV has not reviewed all of the sites linked to the Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by MV of the site. Use of any such linked web site is at the user's own risk.
209 SE A Street
Bentonville, Arkansas 72712
Dispute Resolution .
Arbitration . Any dispute, controversy, or claim arising out of or relating to the relationship of the parties or this contract, or the breach or termination thereof, (other than a dispute or controversy for which MV seeks injunctive relief, shall be finally settled by arbitration administered by the American Arbitration Association ("AAA") in accordance with its Arbitration Rules. Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
The Arbitral Panel . Unless otherwise agreed by the parties, the arbitral panel shall consist of a single neutral arbitrator to be appointed by the AAA. Whether the decision-rendering body consists of a single arbitrator or a panel of arbitrators, such body is referred to herein as, the "Arbitral Panel." The arbitration proceedings shall be held in Little Rock, Arkansas, United States of America.
Procedure . The Arbitral Panel shall apply such rules of procedure as it thinks appropriate under the circumstances; provided, however, that both parties shall be entitled to representation by counsel, to appear and present written and oral evidence and argument, and to cross-examine witnesses presented by the other party. The Arbitral Panel shall not have or exercise the powers of an amiable composter. The arbitral award shall be in writing and the Arbitral Panel shall provide written reasons for its award. The award of the Arbitral Panel shall be final and binding upon the parties.
Fees and Costs . The fees, costs, and charges of the arbitration process, including attorneys' fees, shall be awarded by the Arbitral Panel among the parties in such amounts as may seem appropriate to such panel.
Affiliate . The term "Affiliate" or "Affiliates" shall mean any person or entity that is in control of, is under common control with, or is controlled by you or by MV, as the case may be, including, but not limited to, subsidiaries, divisions, and sister companies. For purposes hereof, "control" means the right to elect or otherwise designate a majority of the members of the board of directors, in the case of corporate entities, or a majority of the members of a corresponding governing body, in the case of non-corporate entities.
Confidential Information . The term "Confidential Information" shall mean:
In the case of MV, the specific content of the MV System, the source code and documentation for the MV System, and other information furnished to you by us which is either (i) conspicuously marked, if in tangible form, as "CONFIDENTIAL," "SECRET," or "PROPRIETARY" or with terms having a similar meaning or (ii) if not in tangible form, is described verbally or orally by us as confidential, secret, or proprietary or with words having a similar meaning, at the time of disclosure, provided that, within thirty (30)days following such disclosure, a notice is furnished by us to you in which the confidential information is described and in which the time, date, place, and other circumstances of disclosure are set forth in reasonable detail; and
In the case of your information, information which is either (i) conspicuously marked by you, if in tangible form, as "CONFIDENTIAL," "SECRET," or "PROPRIETARY" or with terms having a similar meaning or (ii) if not in tangible form, is described verbally or orally by you as confidential, secret, or proprietary or with words having a similar meaning, at the time of disclosure, provided that, within thirty (30) days following such disclosure, a notice is furnished by you to us in which the confidential information is described and in which the time, date, place, and other circumstances of disclosure are set forth in reasonable detail.
MV System . The term "MV System" means the totality of the software available to MV registered users (whether subscribed for or not) as described on the MV Website, the MV Website, and the Services furnished, or to be furnished, by MV to its subscribers.
Intellectual Property Rights . The term "Intellectual Property Rights" shall mean all rights under all copyright, patent, trademark, and trade secret laws and laws protecting privacy, and publicity, whether now in force or later adopted or recognized. As used herein, "laws" shall include statutes, rules, regulations, and judicial and administrative decisions, decrees, and orders.
Services . The term "Services" means the various services contracted by you to be furnished by MV pursuant to this Agreement and/or the terms of a Subscription Agreement.
Subscription Agreement . The term "Subscription Agreement" means the subscription agreement executed between you and MV (if any).
We, Us, Our, and Ours . The term "we," "us," our," and "ours," and other first person personal pronouns shall mean and refer to Movista, LLC.
You, Your, and Yours . The term "you," "your," "yours," and other second person personal pronouns mean and refer to visitors to the MV Website as well as to all persons who execute the MV Subscription Agreement (and their Affiliates).
BY USING OR ACCESSING THIS SITE, YOU AGREE TO BE BOUND LEGALLY BY ALL OF THE FOREGOING TERMS AND CONDITION.