Terms of Use

Terms of Use

General

These terms govern your use of our website www.usmotion.com, a site operated by Frencken America, Inc. dba US Motion (“we”). We are registered in the United States of America and have our registered office at 22924 E Appleway Ave, Liberty Lake, Washington 99019. We are part of the Frencken Group Limited registered in Singapore and listed on the Singapore Stock Exchange. We are a limited liability company.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our site. Please read these terms and conditions carefully before using this site. We may amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 2018-06-13.

These terms of use refer to the following additional terms, which also apply to your use of our site:

  • Our privacy statement, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our cookie statement, which sets out information about the cookies on our site.

We may update and change our site from time to time. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

How you may use material on our site

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Information on this site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

Our responsibility for loss or damage suffered by you

We exercise the greatest possible care in the compilation and maintenance of the information contained on our website. However, we do not warrant the completeness and/or accuracy of the information provided by us via our site.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  • YOUR USE OF THE SITE AND MATERIALS IS AT YOUR SOLE RISK AND THAT THE INFORMATION AND DOCUMENT ON THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
  • ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  • IN NO EVENT SHALL FRENCKEN BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE ACCESS, USE OF OR INABILITY TO ACCESS OR USE THE SITES OR MATERIAL, EVEN IF FRENCKEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH CASE, SUCH EXCLUSIONS OR LIMITATIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Bugs and viruses

We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on you. You should take caution while using publicly accessible computers and not share your personal information with anyone.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the site. Please read our privacy statement that applies to this site.

Linking to our site

You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our site other than that set out above, please contact info@usmotion.com.

Limitation of Liability 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FRENCKEN AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

  • IN NO EVENT SHALL FRENCKEN BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL 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 INFORMATION AVAILABLE FROM THE SITE.
  • ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY CONTENT, OR ANY CHANGES FRENCKEN MAY MAKE TO THE DOCUMENTS, SITE, CONTENT OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SITE (OR ANY FEATURES WITHIN THE SITES); OR IF APPLICABLE, YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
  • THESE LIMITATIONS ON FRENCKEN’S LIABILITY SHALL APPLY WHETHER OR NOT FRENCKEN HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES.

Jurisdiction and disputes

The laws of the State of New York govern these Terms of Use and your use of the site, and you irrevocably consent to the jurisdiction of the Supreme Court of the County of New York, New York for any action arising out of or relating to these Terms of Use. We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. This site has been designed to comply with the laws of the State of New York and of the United States.

Registered trade marks

US MOTION is a [US registered] trade mark of Frencken America Inc.. You are not permitted to use them without our approval.

Contact details

In case of questions or complaints about the way Frencken processes personal data, please contact us via:

Frencken America, Inc. dba US Motion
22924 E Appleway Ave
Liberty Lake, Washington 99019
Email: info@usmotion.com