Terms & Conditions

Terms of Use

General Provisions

This website (“Motionwear Website”) is operated by Motionwear LLC (“Motionwear” or “Motionwear Online”) and these terms and conditions apply to all websites owned, operated, controlled and otherwise made available by Motionwear, its affiliates and subsidiaries (including, but not limited to, mirrored, co-branded and successor sites ) unless such other websites set forth and contain separate terms and conditions. Our office address is:


Motionwear LLC
1315 Sunday Drive
Indianapolis, IN 46217
United States of America

We may be reached via email at motionwear@motionwear.com or you may call us at 317-780-0609.

Introduction

IMPORTANT – READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING OR USING THE MOTIONWEAR WEBSITE, SUBSCRIBING TO MOTIONWEAR SERVICES, PURCHASING PRODUCTS FROM MOTIONWEAR’S ONLINE STORE, DOWNLOADING SOFTWARE, TECHNOLOGY, CONTENT OR DATA AND/OR OTHERWISE USING THE MOTIONWEAR SERVICES AND PRODUCTS, AND THE RELATED MOTIONWEAR SOFTWARE, DATA AND/OR TECHNOLOGY USED, STORED, LICENSED OR ACCESSED IN CONNECTION THEREWITH AND THE RELATED INTELLECTUAL PROPERTY RIGHTS EMBODIED THEREIN (COLLECTIVELY, THE “MOTIONWEAR TECHNOLOGY”).

MOTIONWEAR IS WILLING TO PROVIDE THE MOTIONWEAR TECHNOLOGY AND SELL PRODUCTS AND SERVICES TO YOU THROUGH THE MOTIONWEAR ONLINE STORE ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN, ON ANY REGISTRATION OR ORDER FORM RECEIVED BY YOU FROM MOTIONWEAR IN CONNECTION WITH THE MOTIONWEAR TECHNOLOGY OR MOTIONWEAR ONLINE STORE (COLLECTIVELY, “REGISTRATION AND ORDER FORMS”) AND ON ANY DOCUMENTS REFERENCED HEREIN OR ANY additional terms and conditions that can be viewed either on the pages containing ANY services or offerings, or via a link on those pages or other directions to the additional terms and conditions (COLLECTIVELY, THE “AGREEMENT”). IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY CEASE USING THE MOTIONWEAR TECHNOLOGY, THE MOTIONWEAR ONLINE STORE AND/OR EXIT THIS PAGE BEFORE DOWNLOADING, ACCESSING, USING, SUBSCRIBING OR INSTALLING THE MOTIONWEAR TECHNOLOGY OR PURCHASING PRODUCTS AND SERVICES FROM THE MOTIONWEAR ONLINE STORE.

Authority

By accessing, subscribing, downloading and/or otherwise using the Motionwear Technology or by making a purchase at the Motionwear Online Store, you (a) certify that you are at least 18 years of age, and that, if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party, (b) have read this Agreement and have agreed to be legally bound by this Agreement, and (c) agree to all operating rules and policies of Motionwear that may be published within the Motionwear Technology or on the Motionwear Website.

Intellectual Property

The Motionwear Website and the Motionwear Technology are owned and operated by Motionwear and its licensors and are protected by copyright and other intellectual property laws under United States and international laws and treaties - Copyright 2008 Motionwear, LLC. All rights reserved.

The compilation and arrangement of all content, data and other information found within the Motionwear Technology is also the sole and exclusive property of Motionwear and its licensors and is protected by U.S. and international intellectual property laws. The "look and feel" of the Motionwear Technology, meaning, the structure, sequence and layout of the audiovisual components of such technology as perceived by you, including, but not limited to, the color combinations, button shapes, and all other graphical and navigational elements, are also proprietary to Motionwear and its licensors and fully protected under U.S. and international intellectual property laws.

Use of the Motionwear Technology

Subject to the terms and conditions set forth herein and any third party restrictions, Motionwear grants you a non-transferable, non-exclusive and non sub-licensable limited right and license to view, use and access the Motionwear Technology to (a) incidentally view, print and download the images, text, graphics, photographs, audio, video and other content available within the Motionwear Technology solely for your informational purposes and for your immediate, private, personal and non-commercial use, and (b) make purchases of goods and services at the Motionwear Online Store; provided you retain all Motionwear copyright and proprietary notices contained in the original materials or any copies thereof.

All rights not expressly stated herein are reserved by Motionwear and Motionwear disclaims any and all implied licenses. Without limiting the foregoing, you agree not to: (i) reverse engineer, decompile, reverse compile, translate, adapt, or disassemble or otherwise access the Motionwear Technology, or any part thereof; (ii) copy, distribute, display, transmit or reproduce the Motionwear Technology, or any part thereof, in any form; (iii) publish, display, disclose, sell, rent, lease, modify, store, loan, distribute, publicly display or perform, co-brand, frame, permit third parties to link to, or create compilations or derivative works of the Motionwear Technology, or any part thereof; (iv) assign, sublicense, convey, transfer, pledge as security or otherwise encumber the rights and licenses granted hereunder; or (v) use the Motionwear Technology in any fashion that may infringe any patent, copyright, trademark, trade secret or any other intellectual property or proprietary right of Motionwear, its third party suppliers or any other third party. You agree not to access the Motionwear Technology by any means other than through the interface that is provided to you by Motionwear for use in accessing the Motionwear Technology.

By posting information or other materials on the Motionwear Website or within the Motionwear Technology or by making such information available for downloading by you, Motionwear does not waive any proprietary right in and to the Motionwear Technology (including, but not limited to, copyright, service mark, trademark, patent, trade secret or other intellectual property or proprietary right) and does not transfer any rights to you in the Motionwear Technology except for the limited license expressly granted herein.

Submissions

Any and all comments, suggestions, ideas, graphics, personally identifiable information and any other information that you transmit to Motionwear through the Motionwear Technology ("Submission") become and will remain the sole and exclusive property of Motionwear and may be used by Motionwear anywhere, anytime and for any reason whatsoever, subject only to our Website Privacy Policy with respect to our use of your personally identifiable information. To the extent Motionwear does not acquire ownership to your Submission, you hereby assign all right, title and interest in and to such information to Motionwear without the payment of any further consideration to you by Motionwear. You agree to execute any instruments and to do all things reasonably requested by Motionwear to vest in Motionwear all right, title and interest in and to your Submission. You also hereby irrevocably designate and appoint Motionwear and its duly authorized officers and agents as your agent and attorney in fact, which appointment is coupled with an interest, to act for and in its behalf to execute, verify and file any document and do any other lawfully permitted acts to further the purpose of the foregoing sentences with respect to the ownership of the Submission as if executed by you.

You represent and warrant that your Submissions: (a) shall be true, accurate, current, complete and not misleading; (b) shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights, (c) shall not be fraudulent or involve counterfeit or stolen information or items, (d) shall not violate any law, statute, ordinance or regulation, and (e) shall not create any liability for Motionwear. You also agree to maintain and promptly update your Submissions by means of the Motionwear Technology in order to keep that information true, accurate, current and complete.

Trademarks

Motionwear is a registered trademark and is owned by Motionwear LLC.

Confidentiality

At all times during the term hereof and at all times thereafter, you shall keep confidential and not disclose, directly or indirectly, and shall not use for the benefit of yourself or any other individual or entity any Confidential Information of Motionwear. "Confidential Information" means any trade secrets or confidential or proprietary information whether in written, digital, oral or other form that is unique, confidential or proprietary to Motionwear or its licensors, including, but not limited to, all parts of the Motionwear Technology and any other materials or information related to the business or activities of Motionwear that are not generally known to others engaged in similar businesses or activities.

Warranty Disclaimer

You access and use the Motionwear Technology at your sole risk. The Motionwear Technology is provided to you on an "as is" and “as available” basis. To the fullest extent permissible pursuant to applicable law, Motionwear disclaims all warranties (whether express, statutory or implied) of any kind, including, but not limited to, implied warranties of title, merchantability, data accuracy, system integration, fitness for a particular purpose, non-infringement and any other warranty arising under the uniform commercial code, usage of trade, course of conduct or otherwise.

Without limiting the foregoing, Motionwear does not represent or warrant that (a) the Motionwear Technology will be uninterrupted, timely, secure or error-free, (b) the defects in the Motionwear Technology will be corrected, (c) the Motionwear Technology or the servers that operate the Motionwear Technology are free of viruses or other harmful components, (d) the data, results and information within the Motionwear Technology will be correct, accurate, adequate, useful, reliable or otherwise; and (e) the Motionwear Technology will meet your needs, requirements or expectations.

Motionwear may make changes to the content within the Motionwear Technology or to the products or services described in it, at any time without notice to you. Further, Motionwear, assumes no liability or responsibility for any errors or omissions in the content within the Motionwear Technology. The materials in the Motionwear Technology may be out of date or inaccurate, and Motionwear specifically disclaims any duty to update such content.

Any material downloaded or otherwise obtained by you through the use of the Motionwear Technology is done at your sole discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the downloading of any such material including, but not limited to, damage caused by viruses.

You acknowledge and agree that Motionwear shall not be responsible or liable for (i) any unauthorized access to or alteration of your Submissions; (ii) any Submission sent or received or not sent or received and (iii) any Submission stored on storage devices owned, operated or controlled by Motionwear. You acknowledge and agree that Motionwear shall not be responsible or liable for any Submissions or conduct of any third party, including, but not limited to, content sent using and/or included within the Motionwear Technology provided by any other user of the Motionwear Website or any third party licensors or suppliers of Motionwear.

Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. If any of the exclusions set forth in this Section are determined by a court of competent jurisdiction to be unenforceable, then all such express, implied and statutory warranties shall be limited in duration for a period of thirty (30) days after the date on which you first access the Motionwear Technology, and no warranties shall apply after such period.

Disruptive Behavior

Harassment in any manner or form on the Motionwear Website or through the use of the Motionwear Technology, including via email, web blog (“blog”), comments, submissions, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Motionwear employee or representative, as well as other members or visitors on the Motionwear Website or through use of the Motionwear Technology is prohibited. You may not upload to, distribute, send or otherwise publish through the Motionwear Website or within the Motionwear Technology any content which is libelous, defamatory, obscene, disruptive, harassing, threatening, offensive, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable; which may constitute or encourage a criminal offense, violate the rights of any party; or which may otherwise give rise to civil liability, violate any law or infringe on a third party's intellectual property right (including, but not limited to, spam, offensive sexual, racial or gender related material, or material that violates Motionwear’s then current policies). You may not upload commercial content on the Motionwear Website or within the Motionwear Technology or use the same to solicit others to join or become members of any other commercial online service or other organization.

You agree not to: (a) post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs via or through the Motionwear Technology; (b) use Internet Relay Chat (IRC) bots via the Motionwear Website (i.e., programs that utilize excessive resources by connecting to an IRC network and running 24 hours per day); (c) hinder the ability of others to use IRC; (d) disrupt the Motionwear Technology or the normal flow on the Motionwear Website of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; (e) run any program on the Motionwear Website or through the Motionwear Technology that makes a service or resource available to others, including, but not limited to, port redirectors, proxy servers, chat servers or simulated multi-user environments; (f) interfere with, disrupt, or harm in any way the Motionwear Technology or the servers or networks used in connection with it; (g) run programs or specifically configure machines in such a way as to keep a dialup connection active when not in use or otherwise bypass automatic disconnection for inactivity, unless a dedicated access account is provided; (h) use the Motionwear Technology in violation of the rules of any other website providers, websites, chat rooms or the like; (i) use the Motionwear Technology to access the accounts of others without permission; (j) attempt to penetrate security measures of Motionwear or another entity, or obtain or bypass others' passwords; or (xi) engage in denial of service attacks (i.e., actions designed to impair network access by flooding a site or the Internet with useless traffic).

Limitation of Liability

NEITHER MOTIONWEAR, ITS SUPPLIERS, OTHER THIRD PARTIES MENTIONED WITHIN THE MOTIONWEAR TECHNOLOGY, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE MOTIONWEAR TECHNOLOGY AND SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY OR INDIRECTLY FROM YOUR USE OF, ACCESS TO, OR INABILITY TO USE AND ACCESS, THE MOTIONWEAR TECHNOLOGY OR FROM YOUR PURCHASE OF PRODUCTS AND/OR SERVICES PURCHASED AT THE MOTIONWEAR ONLINE STORE, INCLUDING, WITHOUT LIMITATION, DAMAGES OR INJURY FROM OR RELATING TO: THE DOWNLOADING OF ANY MATERIAL CONTAINED WITHIN THE MOTIONWEAR TECHNOLOGY; THE LINKING TO OTHER WEBSITES FROM THE MOTIONWEAR TECHNOLOGY; THE SERVICES, PRODUCTS OR INFORMATION OFFERED ON, MADE AVAILABLE THROUGH, OR PURCHASED AT THE MOTIONWEAR ONLINE STORE; COMPUTER VIRUS OR SYSTEM FAILURE; AND/OR THE UNAVAILABILITY OF ANY SERVICES OR PRODUCTS MENTIONED WITHIN THE MOTIONWEAR TECHNOLOGY WHETHER OR NOT MOTIONWEAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL MOTIONWEAR’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTIONS (WHETHER IN CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE FEES PAID, IF ANY, BY YOU TO MOTIONWEAR FOR ACCESS AND USE OF THE MOTIONWEAR TECHNOLOGY, THE PURCHASE PRICE OF ANY GOODS OR SERVICES PURCHASED BY YOU AT THE MOTIONWEAR ONLINE STORE OR, IN ALL OTHER CASES, FIVE DOLLARS ($5.00).

SOME STATES DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN ALL CASES.

Regardless of any statute or law to the contrary, any cause of action or claim you may have with respect to this Agreement, the Motionwear Technology and/or the purchase of Motionwear products and services from the Motionwear Online Store must be commenced by you within one (1) year after the claim or cause of action arises or be forever barred.

Participation Disclaimer

Motionwear may not review all Submissions posted to or created by users accessing the Motionwear Technology (including, but not limited to, the Motionwear Website), and is not in any manner responsible for the content of these communications or the activities of these users. You acknowledge that by providing you with the ability to view and distribute user-generated content through the Motionwear Technology (including, but not limited to, the Motionwear Website), Motionwear is merely acting as a passive conduit for the distribution of such information and is not undertaking any obligation or liability relating to the content or the users’ activities. Even though Motionwear may monitor and review transmissions, we assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, obscenity, pornography, profanity or misrepresentation. Notwithstanding the foregoing, Motionwear reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret or other intellectual property right of another; or (d) offensive or otherwise unacceptable to Motionwear in its sole discretion.

Access to Motionwear Technology

You shall be responsible for obtaining access to the Motionwear Technology and for all equipment necessary to access the Motionwear Technology and you acknowledge that obtaining the foregoing may involve third-party fees (such as internet service provider or airtime charges). You are responsible for all charges associated with connecting you to the Motionwear Technology, including, without limitation, all telephone, equipment, airtime and internet service provider charges.

Passwords and Your Obligations

You may be asked to register as a member on certain pages or services within the Motionwear Technology and to select a unique username and password in order to be able to access your account and use any of the Motionwear Technology or to make a purchase through the Motionwear Online Store. As a registered member, you are responsible for maintaining the confidentiality and security of your username and password and shall be responsible for all uses of your username and password, including, but not limited to, any purchases facilitated through the use thereof, whether or not in fact authorized by you. You agree to immediately notify Motionwear in writing of any breach of security, including, without limitation, unauthorized use of your username or password. You also understand that exiting immediately from your account (i.e., “logging off”) at the end of each session will enhance your account security and that failure to do so may permit other persons having access to your computer to use, or modify, your account. If you permit any person to use your username and password, you shall be liable for all activity and transactions made by that person including transactions for which you may not have authorized.

Please notify us immediately of any unauthorized use of your user name and password via email to motionwear@motionwear.com.

Security

The Motionwear Technology resides on the public internet. Motionwear uses commercially reasonable measures to protect the confidentiality and security of any communications transmitted to Motionwear and any information stored on servers controlled by Motionwear. Notwithstanding these efforts, Motionwear cannot guarantee the confidentiality and security of such electronic communications and storage devices used to store such information (including, personally identifiable information) and disclaims all liability arising therefrom.

Without limiting the foregoing, you shall not (a) violate or attempt to violate the security of the Motionwear Technology; (b) access data or materials not intended for you; (c) log into a server or account which you are not authorized to access; (d) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; or (e) attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Motionwear Technology, overloading, "flooding," "mailbombing" or "crashing" the Motionwear Technology. Violations of system or network security may result in civil or criminal liability. Motionwear reserves the right to investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.

Blog Disclaimer

The blog entries, quotations and other editorial content on the Motionwear Website are provided “as is” with no warranties and confers no rights. The blog entries are solely the opinion of the author and do not necessarily reflect the opinions of Motionwear and/or their indirect and direct affiliates.

Representations

Subject to the terms and conditions set forth herein, you may use the Motionwear Technology only for lawful purposes. The Motionwear Technology is subject to, and you agree that you shall at all times comply with, all applicable local, state, national, and international laws, statutes, rules, regulations and ordinances that are applicable to the use of the Motionwear Technology.

Indemnification

You agree to indemnify, defend, and hold harmless Motionwear, its affiliates, agents, vendors, distributors, licensors and suppliers and their officers, directors, and employees from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from (a) any violation by you of the terms and conditions of this Agreement; (b) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing your account; (c) your use of (or inability to use) the Motionwear Technology; and (d) any use of your Submission by Motionwear or any other party.

Termination

You agree that Motionwear, at its sole discretion, may terminate or suspend your access to and use of the Motionwear Technology (or any part thereof) at any time and for no or any reason whatsoever, including, without limitation, for lack of use by you or if Motionwear believes that you have violated or acted inconsistently with the terms and conditions of this Agreement. Motionwear reserves the right at any time to modify or discontinue, temporarily or permanently your access to and use of the Motionwear Technology (or any part thereof) without notice. You agree that Motionwear shall not be liable to you or to any third party for any modification, suspension or discontinuance of your use of or access to the Motionwear Technology. Your obligations under this Agreement shall continue even after Motionwear has terminated and/or cancelled this Agreement or your access to the Motionwear Technology.

Resale Prohibited

Products sold from the Motionwear Website may not be resold by you as new or distributed to or through dealers. Notwithstanding anything to the contrary herein, Motionwear reserves the right to adjust your order to ensure compliance with the terms and conditions of this Agreement, and/or refuse to complete your order for goods and services.

Product Display/Colors & Specifications

The Motionwear Technology (including, but not limited to, the Motionwear Website) attempts to display product images shown through it as accurately as possible. However, Motionwear cannot guarantee that the image or color you see displayed on your monitor represents the actual product or conforms to the specifications of the product you have selected.

Features, pricing and specifications of products and/or services described or depicted through the Motionwear Technology (including, but not limited to, the Motionwear Website) are subject to change at any time without notice. Weights and measures are approximate.

Pricing, Special Offers and Promotions

All prices shown through the Motionwear Technology (including, but not limited to, the Motionwear Website) are applicable solely for purchase by users directly from the Motionwear Online Store located on the Motionwear Website. Prices are subject to change without notice. Prices within the Motionwear Technology (including, but not limited to, prices on the Motionwear Website) may not be the same as prices available through Motionwear Dealer retail locations. Motionwear does not have a price match guarantee.

Special product, pricing or service offerings and promotions may be displayed from time to time through the Motionwear Technology (including, but not limited to, on the Motionwear Website) and are considered discontinued and no longer valid once they are removed from the Motionwear Technology (including, but not limited to, the Motionwear Website). In additional, all such offerings and promotions displayed through the Motionwear Technology (including, but not limited to, on the Motionwear Website) are subject to change or cancellation at any time without notice. Programs/promotions available through Motionwear sales representatives or telephone orders may not be available through the Motionwear Technology (including, but not limited to, the Motionwear Website and the Motionwear Online Store) and vice versa.

Should you place an order for an item and it goes on sale on the Motionwear Website for a lower price immediately thereafter, you may contact us for a credit of the difference between the current price and the price you paid (or we’ll adjust the price you will pay if it has not been shipped yet). However, you must contact us within seven (7) days of the date on which the price change first appears on the Motionwear Website – later requests will not be honored.

Other product and service limitations and disclaimers may apply.

Applicability of Content

The Motionwear Website is operated in the State of Indiana, United States of America, and Motionwear makes no representation that the content provided through the Motionwear Technology are applicable or appropriate for use in jurisdictions other than the United States of America. If you access our Motionwear Technology (including, but not limited to, the Motionwear Website) from outside of the United States, please be aware you are responsible for compliance with any applicable laws. To the extent any applicable local laws prohibit your viewing and use of the Motionwear Technology, you may not view or use the Motionwear Technology.

Product Availability

The Motionwear Technology (including, but not limited to, the Motionwear Website) refers to products and services available for purchase at the Motionwear Online Store by buyers with a shipping address located within the United States of America. Buyers with a shipping address outside the United States of America will be billed for additional shipping charges as identified for their particular order, and the Buyer is responsible for any duty or customs fees related to the order.

Subject to the terms and conditions of this Agreement, Motionwear will sell products, and provide services, to you if the product or service is currently available and/or the product is in Motionwear’s inventory or the service is a service made commercially available by Motionwear. Motionwear cannot guarantee the availability of a product or service at all times.

Sales Tax Policy

Sales tax may be added to each order, subject to federal, state, and local tax laws. We will do our best to accurately calculate sales tax, but errors may occur due to the large number of tax districts or for other reasons. If we do not collect sales tax for your order, you may still be responsible for paying sales and/or use tax for the purchase if required by federal, state or local tax rules and laws.

Order Acceptance/Confirmation

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for no or any reason whatsoever. You will not be charged if we reject an order, but we will process a refund if a charge has been made against you in error.

Validating Your Order

After you place an order through the Motionwear Online Store, we will check the information you gave us for validity. We may require additional verifications or information before accepting any order.

We reserve the right to reject any order you place with us, and/or to limit quantities on any order, for any or no reason whatsoever. If we reject your order, we will generally attempt to notify you by using the contact information you gave to us with your order.

Paying for Your Order

You may pay for your order by MasterCard, Visa or Discover credit and debit cards only. The accepted methods of payment may change at Motionwear’s sole discretion.

Your card will be charged for the full amount of your purchase at the time of your order.

If your order is split into multiple shipments, we will charge the shipping charge on the first item and the remaining item(s) will be shipped at no additional charge.

Order Cancellation and/or Modification

You may cancel or modify an order at any time between the time you order the product and/or service and the time we actually ship your order or perform the services. Upon a written request (or telephone call to our customer service center) from you, we will make reasonable efforts to cancel or modify your order.

Satisfaction Guarantee & Return Policy

If you are not completely satisfied with your purchase after receiving your order, please contact us at motionwear@motionwear.com.

Order Processing & Shipment

While many items are always in stock, Motionwear normally custom manufactures each order. This allows you to order exactly what you need without worry about “out of stock” items or sizes. Manufacturing normally takes seven (7) to ten (10) days. When your order ships, you will be emailed a shipment tracking number, if the carrier supports that capability. If you have questions about the status of your order, please visit our Customer Service Center.

All orders placed through the Motionwear Online Store are subject to product availability and will be shipped F.O.B. our shipping facility. The risk of loss and title for ordered merchandise pass to you upon our delivery to the carrier. This means that product damaged in transit is the carrier's responsibility and is an issue to be resolved between you and the carrier.

If a carrier does not meet its delivery performance requirements (i.e., next day air before 10:30 AM); you must resolve this issue with the carrier.

Shipping & Handling Charges

Please refer to the shipment options on the page that appears during the checkout process for current shipping and handling charges. Motionwear may change these rates at its sole discretion and without any notice.

Privacy Policy

We realize that you are concerned about how the information you provide online will be used. Motionwear has a Website Privacy Policy that discloses what information Motionwear collects about you, how Motionwear uses such information, the steps Motionwear takes to secure such information, how you can view and correct such information and how you can decline to have such information about you collected or used. The Website Privacy Policy is available on the Motionwear Website and is incorporated herein by this reference. Please read our Website Privacy Policy for more details.

Jurisdiction

This Agreement shall be governed and construed in all respects by the laws of the State of Indiana, without regard to principles of conflict of laws and without application of the Uniform Computer Information Transaction Act and the United Nations Convention of Controls for International Sale of Goods.

Arbitration

In case of any controversy or claim arising out of or related to this Agreement, the parties agree that the matter (other than claims for which injunctive relief is sought) shall be settled by arbitration administered by the American Arbitration Association in accordance with such entity’s expedited arbitration rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in Indianapolis, Indiana. Notwithstanding anything to the contrary herein, any claim or controversy involving intellectual property rights, the payment of any fees owed to Motionwear or your breach of a confidentiality obligation owed to Motionwear shall be excluded from the foregoing mediation and arbitration requirements. Subject to the foregoing, each party hereby submits to the personal and exclusive jurisdiction and venue of the State and Federal Courts located in the State of Indiana for purposes of the (a) enforcing arbitral awards, (b) seeking injunctive relief and (c) resolving any disputes between you and Motionwear not otherwise subject to the arbitration procedure set forth in this Section. To the fullest extent permitted by applicable law, each of the parties hereby waives and covenants that it will not assert (whether as plaintiff, defendant, or otherwise), any right to trial by jury in any forum in respect of any claim arising out of or based upon this Agreement.

Motionwear Intellectual Property Notice

Motionwear respects the intellectual property of others, and Motionwear asks our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Motionwear's Agent the following information (the "Notice"): (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim has been infringed is located in the Motionwear Technology; (iv) your address, telephone number and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property rights owner, its agent or the law; and (vi) a statement by you, made under penalty of perjury, that the information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Motionwear's Agent for Notice of claims of copyright or other intellectual property infringement can be reached at:
Motionwear LLC
1315 Sunday Drive
Indianapolis, IN 46217
Attn: Legal Department
If you have any questions concerning the terms and conditions of this Agreement, you may contact our Legal Department:
Motionwear LLC
1315 Sunday Drive
Indianapolis, IN 46217
Attn: Legal Department
Order of Preference

This Agreement governs your use and access to the Motionwear Technology and any purchase at the Motionwear Online Store. This Agreement does not modify, alter or amend any other specific agreement you have entered or will enter into with Motionwear. To the extent that any provision of this Agreement, or any supplemental agreement offered as any part of any registration for additional services on the Motionwear Website or within the Motionwear Technology, conflicts with any provision of your other agreements with Motionwear, the terms and conditions of such other agreement shall, take precedence over the conflicting term(s) and conditions of this Agreement.

Links to Other Web Sites

The Motionwear Technology contains links to other web sites (“Third Party Sites”) controlled or offered by third parties (non-affiliates of Motionwear). Motionwear is not responsible for the content, accuracy or opinions expressed on such Third Party Sites and such sites are not investigated, monitored or checked for accuracy or completeness by Motionwear. Motionwear hereby disclaims any and all liability for, any information, materials, products or services posted or offered at any of the Third Party Sites. By creating a link to Third Party Sites, Motionwear does not endorse or recommend any products or services offered or information contained at Third Party Sites, nor is Motionwear liable for any failure of products and services offered or advertised at those sites. Such third parties may have a privacy policy different from that of Motionwear and Third Party Sites may provide less security than Motionwear. Without limiting the foregoing, the Motionwear Technology may contain offers from Motionwear for products and services that may be obtained only by linking to the merchant web site to complete the transaction. Terms of the offer shown on the Motionwear Technology, including, but not limited to, price, color, quantity, availability and description may vary from those show on the merchant’s web site. Differences in the terms of an offer between what is displayed in connection with the Motionwear Technology and what is offered at the merchant web site will be governed by the terms shown on the merchant’s web site. Motionwear is not responsible or liable for any such differences or discrepancies.

Important Factors Regarding Forward-Looking Statements

The Motionwear Technology (including, but not limited to, the Motionwear Website) may make forward-looking statements concerning Motionwear’s future performance. Such statements are subject to risks and uncertainties that my cause Motionwear’s actual performance to differ materially from that set forth in such forward-looking statements. Words such as “believe,” “expect,” “anticipate,” “intend,” or similar expressions are intended to identify forward-looking statements. Such statements speak only as of the date on which they are made. Motionwear undertakes no obligation to update publicly or revise any such statements. Factors that could cause Motionwear’s actual financial and other results to differ materially from those projected by Motionwear in forward-looking statements include, but are not limited to, competition, economic conditions, delinquencies and credit losses, interest rate increases, availability of funding and securitization, customer behavior, new products and markets, growth, legal and regulatory.

Revisions and Consents

Motionwear reserves the right to revise the terms and conditions of this Agreement at any time and for no or any reason whatsoever. We also reserve the right to make changes at any time, without notice or obligation, to any of the information, products or services contained on or offered through the Motionwear Technology (including, but not limited to, on the Motionwear Website). Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions shall be effective immediately and incorporated in this Agreement upon notice thereof, which may be given by any reasonable means, including, but not limited to, posting such changes on the Motionwear Website. By continuing to enter the Motionwear Website and/or using the Motionwear Technology, you acknowledge and agree that you shall be bound by any such revisions. Accordingly, you should periodically review these terms and conditions of this Agreement.

Entire Agreement

This Agreement constitutes the entire agreement between you and Motionwear with respect to the subject matter addressed herein, and governs your access to and use of the Motionwear Technology and purchases made by you at the Motionwear Online Store, superseding any prior agreements between you and Motionwear relating to such subject matter, but this Agreement may be supplemented by any other agreement you enter into with Motionwear pursuant to your enrollment and/or participation in other features of the Motionwear Technology.

General Provisions

If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions of this Agreement. You agree that if any part of the terms and conditions of this Agreement are found to be unenforceable, then the remainder of the terms and conditions of this Agreement will remain in full force and effect.

Motionwear’s failure to insist upon or enforce strict performance of any provision of the terms and conditions of this Agreement shall not be construed as a waiver of any other provision, term or right set forth herein. Neither the course of conduct between the parties nor trade practice shall act to modify any of the terms and conditions of this Agreement. Motionwear may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign this Agreement or the rights granted herein to any party without the prior written consent of Motionwear. The section headings used in this Agreement are for convenience only and have no legal or contractual effect