Terms of Use

LAST REVIEWED AND UPDATED APRIL 5, 2020.

Please read these terms carefully before using this site. If you have entered into a separate written agreement with Momentum Management LLC for use of the Momentum Management LLC services, the terms and conditions of such other agreement shall prevail over any conflicting terms or conditions in these terms of use.

Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the “Terms of Use”) apply to the web site located at www.momentum-management.com (the “Site”). The Site is the property of Momentum Management, LLC. (“Momentum Management”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Momentum Management reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Momentum Management grants you a personal, non-exclusive, non-transferable, limited right to enter and use the Site.

Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Momentum Management, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Changes to the Site/Updates/Terms
Momentum Management reserves the right to make changes in any products described on the Site at any time without notice. Customers are advised to obtain the latest version of documents before relying on information described in the Site, except as explicitly set forth in written agreements between Momentum Management and its customers. Momentum Management may make changes to the Content or the Site at any time without notice. Momentum Management makes no commitment to update the Content or the Site. Momentum Management reserves the right to make changes to the Site and the disclaimers, terms, and conditions at any time.

License to Use Content; Limits on Use
The Content on the Site is provided by Momentum Management as a service to its customers and potential customers. As long as you comply with these Terms of Use, Momentum Management hereby grants you the right to use the Content for informational purposes only.

Any other use, unless otherwise authorized in writing by Momentum Management or its suppliers, including the framing, linking to, reproduction (including photocopying or storage in an information storage/retrieval system), modification, distribution, transmission, republication, display, resale, data extraction, or data mining of the Content on the Site, or the preparation of derivative works based on the Content of the Site, is strictly prohibited. You will not tamper with, disable, reverse engineer, decompile or otherwise interfere with the proper functioning of the Site, or any content, proprietary notice, copyright management system or software associated with the Site, or misrepresent your identity in connection with any use thereof. All rights not expressly granted herein are hereby reserved.

You may use information on Momentum Management products and services (such as product briefs, designer manuals, design libraries, datasheets, white papers and similar materials) purposely made available by Momentum Management for downloading from the Site, provided that you (1) not remove any proprietary notice language in any copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Trademarks
The Momentum Management name, the Momentum Management logo, and the product names associated with the Momentum Management service are service marks or trademarks of Momentum Management.

Other company and product names may be trademarks or registered trademarks of the respective owners with which they are associated.

You may not use, and nothing contained on the Site grants, by implication, waiver, estoppel or otherwise, any right to use, any trademark displayed on the Site without the written permission of Momentum Management or the respective owner.

Availability of Site
You acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events. Under no circumstances will Momentum Management or its suppliers be held liable for any damages due to such interruptions. The Site and the Content may include technical inaccuracies or typographical errors. The Site is made available internationally and may contain references to products, programs and services of Momentum Management or its suppliers that are not available in your location. Such references do not imply that Momentum Management or its suppliers intend to make available such products, programs or services in your location.

Links With Other Sites
Momentum Management is not responsible for the content of any other web site linked to or from the Site. If you link to another site, you leave the Site. If you decide to link to another site, you do so entirely at your own risk. Momentum Management may provide links from the Site to other sites, but this is done solely as a convenience to you and in no way should be interpreted as a referral or endorsement of any content, sponsor or owner of any other site. ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED SITE, INCLUDING WITHOUT LIMITATION AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE, ARE HEREBY EXCLUDED.

Accounts, Passwords, and Security
Certain features or services offered on or through the Site may require you to register (including setting up a Momentum Management login and password). You are entirely responsible for maintaining the confidentiality of your registration information, including your password, and for any and all activity that occurs under your registration. You agree to notify Momentum Management immediately of any unauthorized use of your login or password, or any other breach of security. However, you may be held liable for losses incurred by Momentum Management or any other user of or visitor to the Site due to someone else using your Momentum Management login, password or registration.

You may not use anyone else’s Momentum Management login, password or registration at any time without the express permission and consent of the holder of that Momentum Management login, password or registration. Momentum Management cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy
Momentum Management’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Momentum Management’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Disclaimers
MOMENTUM MANAGEMENT DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR–FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. MOMENTUM MANAGEMENT CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. MOMENTUM MANAGEMENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOMENTUM MANAGEMENT DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND ANY MOMENTUM MANAGEMENT SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST MOMENTUM MANAGEMENT FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES, AND IN ITS ABSENCE MOMENTUM MANAGEMENT WOULD NOT MAKE THE SITE AVAILABLE.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Momentum Management reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes; and (4) revoke or suspend any login or password.

Limitation of Liability
Except where, and to the minimum extent, prohibited by law, in no event will Momentum Management be liable to you for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits or cost of replacement, even if Momentum Management has been advised of the possibility of such damages.

Indemnity
You agree to indemnify and hold Momentum Management, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Momentum Management by any third party due to, or arising out of, or in connection with, your use of the Site.

Violation of these Terms of Use
You agree that Momentum Management may, in its sole discretion and without prior notice, terminate your access to the Site or block your future access to the Site (including revoking logins and passwords) if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Momentum Management, for which monetary damages would be inadequate, and you consent to Momentum Management obtaining any injunctive or equitable relief that Momentum Management deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Momentum Management may have at law or in equity.

You agree that Momentum Management may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (including self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems. If Momentum Management does take any legal action against you as a result of your violation of these Terms of Use, Momentum Management will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Momentum Management. You agree that Momentum Management will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution
You agree that all matters relating to your access to, or use of, the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in San Mateo County, California, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.

No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Momentum Management and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Export Control
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations.

Miscellaneous
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Momentum Management with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Momentum Management with respect to such use are hereby superseded and cancelled. Momentum Management will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Momentum Management’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Momentum Management of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Momentum Management and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.