Terms of Service
Effective Date: February 26, 2021
Welcome to either or both of our websites, www.movenetmedia.com and movenet.intelivideo.com (collectively, the “Site”), the websites of Movenet LLC (“we,” “us,” or “our”). The Site is an online platform for dance performances which members may rent on an on-demand basis. The terms 'you' and ‘your’ refer to each and any user or viewer of this Site, each and any creator of any account or membership, or each and any user or purchaser of any of our services.
Your use of this Site and our services is subject to and conditioned on your acceptance of the following terms, conditions, policies, and notices (collectively, “Terms”), which together constitute a binding agreement between you and us. By accessing or using the Site, creating any account or membership, or otherwise using or purchasing any of our services, you are agreeing, without limitation or qualification, to be bound by, and to comply with, these Terms and you represent and warrant that you have the right, authority, and capacity to enter into this agreement.
WE EXPRESSLY RESERVE THE RIGHT TO DENY ACCESS TO OR USE OF THE SITE AND/OR OUR PRODUCTS OR SERVICES, OR TO TERMINATE ANY ACCOUNT OR MEMBERSHIP, AT ANY TIME WITH OR WITHOUT NOTICE TO ANYONE WHO, IN OUR SOLE DISCRETION, VIOLATES THESE TERMS. THESE TERMS CONTAIN A MANDATORY ARBITRATION CLAUSE AND CLASS ACTION AND JURY TRIAL WAIVERS IN SECTION 18, WHICH AFFECT YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH MOVENET LLC. PLEASE CAREFULLY REVIEW THIS SECTION.
- Age of and Ability to Consent.
If you represent or act on behalf of a business entity, you represent and warrant that your entity is duly authorized to do business in any country or countries where you operate and that your officers, employees, representatives, and other agents accessing or using this Site or our services are duly authorized to access or use the Site or our services and to legally bind your entity to these Terms.
By using or continuing to use this Site or any of our services, you represent and warrant that you meet the above requirements and that you are able to enter into legally binding contracts including, without limitation, these Terms.
- Consent to and Acceptance of Terms.
By continuing to browse or use this Site, by creating any account or membership, by using or purchasing any of our services, or by otherwise manifesting your acceptance of these Terms (e.g. by clicking a button that says “Enter” or checking a box that says “I Accept”), you agree to these Terms and will be deemed bound by them, effective as of the date of such access, use, purchase, or other assent or acknowledgement. If you do not agree to abide and be bound by these Terms, as posted or modified, you must immediately cease access to and use of this Site and any of our services.
- Modification of Terms.
We expressly reserve the right to limit, modify, or otherwise add to, amend or eliminate these Terms under which this Site or any of our services is offered or provided at any time, with or without prior notice. The date following “Effective Date” at the top of this page states when these Terms became effective. You are encouraged to review this page to stay current on the Terms that govern your use of this Site and our services. You expressly acknowledge and agree that we may provide notices, disclosures, disclaimers, changes, and updates (collectively, “Updates”) to these Terms, and other information relating to Movenet LLC and our products and services, by electronic means, including posting these Updates on a webpage on the Site.
- Intellectual Property; Ownership.
Through the Site, we offer, sell, rent, and digitally distribute videos, audiovisual combinations, and other content, as well as products related to that content. You acknowledge that any and all copyrights, trademarks, trade dress, patents, or other intellectual property rights in and relating to this Site and our videos, audiovisual combinations, music, sound recordings, photographs, images, logos, designs, graphics, text, scripts, site design and arrangement, and any other content and materials (collectively, “Content”) are owned by us or licensed to us. No Content from our Site may be used, copied, reproduced, duplicated, distributed, disseminated, given, sold, rented, publicly displayed, broadcast, “mirrored” on another server, transmitted, transferred, circulated, modified, revised, reverse engineered, posted, uploaded, downloaded, republished, or otherwise exploited or any derivative works created therefrom, in whole or in part, in any form or by any means (collectively, “Used”) without our prior written permission in each instance, which may be granted, conditioned, limited, or withheld in our sole and absolute discretion.
By accessing or using our Site or purchasing any of our services, you agree not to Use any of our Content or any part thereof, without our required permission. Nothing within the Site or any of our Content, products, or services shall be construed as conferring any license of any of our or any third-party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. All rights not expressly granted herein are reserved.
This Site and our Content and services are protected by federal, international, and common law copyright, patent, and trademark laws. Without limiting the foregoing in any way, our Site and Content is protected by the copyright and trademark laws of the United States, and any Use of our Content, in whole or in part, without the required written permission for such Use in each instance, constitutes a violation of those and other applicable laws, except for the specific uses permitted under those laws. Any such violation of our rights under those or other laws may make you subject to prosecution and the penalties thereunder to the fullest extent as provided thereby.
The name “Movenet,” our logo, and other content, including without limitation our slogans, service names, graphics, designs, page headers, button icons, scripts, and site design and arrangement are registered and/or common law trademarks, service marks, trade names, or trade dress of Movenet LLC in the United States and/or other countries. These trademarks, service marks, trade names, and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion to users of the Site or our products and services. We reserve all rights in or to such trademarks, service marks, trade names, and/or trade dress.
Any user making, or intending to make, Use of any copyrighted materials or intellectual property from this Site, shall contact us prior to such Use in each instance for authorization and licensing information. If you are interested in permission to display or otherwise Use any of our copyrighted, trademarked, patented, or protected materials, please send a written email communication to us at: firstname.lastname@example.org and include “Copyrighted Materials or Intellectual Property Use Permission” in the subject line. Please detail the nature of and basis for any such request and how you intend to use any of our materials. We may grant, withhold, limit, deny, or condition our permission in our sole and absolute discretion.
Anyone who has acquired prior permission to Use any of our copyrighted or trademarked Content shall display the copyright or trademark notice specified by us, if any. Users may not modify or remove the copyright or trademark notice unless they have obtained our prior written permission.
- Intellectual Property Infringement Claims.
We respect the intellectual property rights of others and expect our users to do the same. It is our policy to respond expeditiously to each and every claim of copyright, trademark, and other intellectual property infringement. We are committed to promptly processing and investigating notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
To provide notice of such infringement to us, please provide a written email communication with subject "Infringement Notification" to email@example.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please be aware that you may be liable to us for damages, including costs and attorney’s fees, if you materially misrepresent that an activity is infringing your or another’s copyright or otherwise act in bad faith in providing any such notice of infringement.
It is our policy to terminate access for users who are repeat infringers. If you are uncertain whether an activity constitutes infringement, we recommended seeking the advice of legal counsel.
- User Accounts.
In order to access, purchase, or rent certain Content and other products or services offered on our Site, you are required to register an account by creating a username and password and provide certain information, such as your name and email address. Your user account is personal to you and private. Accordingly, by creating any account, you represent, warrant, and agree to keep your password and account information safe and private.
Your right to register and use any account is personal to you and you alone are solely and fully responsible for maintaining and protecting this information and for any and all activity that occurs under your account. If you create an account, you may not permit any other individual to use or access it. Any Site user who suspects that there may be or have been any unauthorized use, or breach in the security, of their account must immediately notify us, where such notice must indicate the basis for your suspicion, the information believed compromised or breach, the first date of believed unauthorized access, and any information necessary to identity and verify the account holder. You shall be fully liable for losses incurred by us or any other user of the Site or our products or services due to your failure to keep your account information secure and confidential and we cannot and will not be liable for any loss or damage arising from your failure to comply with this provision of these Terms.
You further acknowledge and accept your full and complete responsibility for all fees and purchases made through your account, including any unauthorized purchases, and agree to fully compensate us for any loss or harm that may result. We will not be responsible to you for any losses resulting from unauthorized access to or use of your account, whether fraudulently or otherwise.
You may access and make changes to your account information at any time by clicking on the “My Account” link to navigate to that page where you can log into your account with your username and password. By creating an account, or providing or transmitting any information to us, you represent, warrant, and agree that you are solely and fully responsible for the content, accuracy, quality, and legality any such information provided to us, as well as for its confidentiality, privacy and security and for any consequences that may arise out of the failure to protect or maintain the privacy or confidentiality of your username, password, or any personal information provided to us. By creating an account and providing any such information, you further represent and warrant that (a) the information is true, accurate, current, and complete at all times and (b) you will maintain and promptly update such information to keep it true, accurate, current, and complete. If you provide any information that is or we suspect, in our reasonable discretion, is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future access to or use of the Site or any other products or services, or any Content, feature, or function thereof.
Additionally, by creating any account, you agree to receive notices from Movenet LLC at the email address associated with such account. You further acknowledge and agree that we may preserve and disclose your account information if required to do so by law or in a good faith belief that such preservation or disclosure is reasonably necessary to comply with a legal process or to enforce these Terms.
WE RESERVE THE RIGHT TO LIMIT, SUSPEND, REVOKE, OR TERMINATE ANY USER’S ACCESS TO OR USE OF THE SITE, AN ACCOUNT, OR ANY CONTENT, PRODUCT, OR SERVICE AT ANY TIME OR AFTER ONE (1) YEAR OF INACTIVITY, IN EITHER CASE WITH OR WITHOUT NOTICE, WITHOUT ANY LIABILITY TO YOU, AND FOR ANY REASON OR NO REASON AT ALL. Any such limitation, suspension, revocation, or termination shall be at our sole and absolute discretion and may occur with or without prior notice or notice of any kind. In any such event, you will no longer be able to access or use the content or services of the associated account. Any information connected to a limited, revoked, or terminated account may also be deleted and no refund will be offered to you. You understand and accept that, if you delete your account or any part or content thereof, you may lose access to any data previously associated with your account.
- Payments: Pricing, Processing, and No Refunds.
We greatly appreciate that your interest in our Site and our Content, products, and services. When you choose to use or purchase any Content, product, or service, whether through our Site or by any other method, any such service is purchased and provided only on an “AS IS” and “AS AVAILABLE” basis.
ALL SALES, INCLUDING ANY RECURRING CHARGES, ARE FINAL AND NON-REFUNDABLE. Accordingly, any purchase is not refundable under any circumstance or for any reason and regardless of whether you are seeking a return of payment or credit for future services. Prices and pricing may change at any time. We may, in our sole discretion, modify prices, refuse to offer services that were previously available, or make alterations to existing services.
We do not process or store credit card information, but rely on third-party service providers to carry out any payment transactions. These service providers may charge your selected payment method (such as your credit card, debit card, PayPal account, or other method available) on our behalf for any paid transactions, including any applicable taxes. If your selected payment method cannot be charged for any reason (such as expiration or insufficient funds), you remain responsible for any uncollected amounts and, as you may update your payment method information, we or our service providers may make follow-up attempts to charge the payment method.
Our Site is hosted by Intelivideo, which also assists in the processing of our orders and subscriptions. When you input your credit card information as payment for an order, Intelivideo directly and securely transmits that information to its third-party payment processor, who verifies the credit card and remits the payment to us. Neither we, nor Intelivideo, ever store your credit card image or number. Sales and use taxes, as applicable by law, will be based on your location and our location and, purchase prices are inclusive of taxes. You will be responsible for paying any applicable taxes relating to your payments and will indemnify, defend, advance fees for, and hold harmless Movenet LLC and Intelivideo from your failure to pay any and all taxes, including sales tax, based incorrect information provided by you. If you believe you are entitled to a refund of any taxes, you are solely responsible for such determination.
Intelivideo also fulfills all orders for digitally distributed content by making that content available for viewing. It will inform you of the device and system requirements for accessing this content. You are responsible for completing the digital download, and for all risk of loss of the content after download. You acknowledge that the resolution and quality of the content received will depend on a number of factors, including the type of device on which it is streamed and available bandwidth. While we strive to provide a high-quality viewing experience, neither we, nor Intelivideo, make any guarantee as to the resolution or quality of the content. Upon receiving an order for any of our products, Intelivideo will notify us so that we may fulfill the order directly. You acknowledge and agree that you will be responsible to pay the then current service fee and all applicable fees which you acknowledge may change from time to time without actual notice provided to you.
If technical or other problems prevent or unreasonably delay delivery of this Site or our services, your exclusive and sole remedy is to contact us and we will verify your account and take appropriate steps, as determined to be appropriate in our sole discretion, to compensate you for any error or delay.
- Disclaimer; No Warranty.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND ANY OF OUR PRODUCTS OR SERVICES, OR ANY CONTENT, FUNCTION, OR FEATURE THEREOF. THIS SITE AND OUR PRODUCTS AND SERVICES, AND ANY CONTENT, FUNCTION, OR FEATURE THEREOF, ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF ACCURACY, ACCESSIBILITY, AVAILABILITY, COMPLETENESS, LEGALITY, TIMELINESS, NONINFRINGEMENT, OPERABILITY, RELIABILITY, SECURITY, TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY AND ALL OF WHICH ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING ANY OF THE FOREGOING, YOU AGREE THAT IT IS YOUR RESPONSIBILITY ALONE TO ENSURE THAT OUR SITE AND OUR PRODUCTS AND SERVICES, AND ANY PORTION THEREOF, ARE ACCURATE, SUITABLE FOR YOUR PURPOSES, AND COMPLIANT WITH ANY AND ALL APPLICABLE LAWS.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR THIRD-PARTY GOODS OR SERVICES RECEIVED THROUGH OR ADVERTISED ON THE SITE OR ANY OF OUR PRODUCTS OR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE OR ANY PRODUCT OR SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITE OR ANY PRODUCT OR SERVICE, OR ANY CONTENT THEREOF, OR THROUGH ANY LINKS PROVIDED ON THE SITE OR ANY PRODUCT OR SERVICE.
WE DO NOT REPRESENT, WARRANT, OR PROMISE THAT THIS SITE OR ANY SERVICE, CONTENT, FUNCTION OR FEATURE THEREOF WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE THEREOF WILL PROVIDE SPECIFIC RESULTS. ALL CONTENT, SERVICES, AND INFORMATION PROVIDED ON OR IN THIS SITE ARE SUBJECT TO CHANGE WITH OR WITHOUT NOTICE. WE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE OR ANY PRODUCT OR SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THIS SITE OR ANY SERVICE, FUNCTION, FEATURE, OR CONTENT THEREOF. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL, AND FOR ANY HARM RESULTING FROM ACCESSING, OBTAINING, USING, OR DOWNLOADING ANY INFORMATION OR MATERIAL FROM OR THROUGH THE SITE, OR ANY PRODUCT OR SERVICE, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
YOU UNDERSTAND AND AGREE THAT ANY INFORMATION OR MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR ANY PRODUCT OR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
NO ORAL OR WRITTEN INFORMATION OR OPINION BY US OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE ANY WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY OF ANY KIND WHATSOEVER, WHETHER OR NOT SUCH WARRANTY HAS BEEN EXPRESSLY DISCLAIMED HEREIN. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
The content, structure, design, and functionality of the App, the Site, or any product or service is subject to change with or without notice. You understand and expressly agree that we are not responsible, regardless of the device or form factor employed, for your device, software, hardware or network compatibility, reliability, or stability; and we are under no obligation to provide App or Site maintenance or customer support.
- Limitations of Liability.
IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, LOST PROFITS, LOSS OF SERVICE, LOSS OF DATA, OR SIMILAR DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, DELAY IN USING, OR INABILITY TO USE THE SITE OR ANY OF OUR PRODUCTS OR SERVICES, EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY FOR ANY DIRECT DAMAGES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT, IF ANY, YOU HAVE PAID TO US IN CONNECTION WITH THE MATTER GIVING RISE TO SUCH LIABILITY OR (B) ONE HUNDRED DOLLARS ($100.00 USD). Some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages and thus certain limitations above may not apply to you. If this limitation of liability or the exclusion of warranty set forth in the preceding section is held inapplicable or unenforceable for any reason, OUR MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US OR (B) ONE HUNDRED DOLLARS ($100.00 USD). THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY AVAILABLE REMEDY. SUCH LIMITATION OF LIABILITY SHALL FURTHER APPLY WHETHER THE DAMAGES ARISE FROM ANY USE OR MISUSE OF, OR ANY RELIANCE ON, THE SITE, OR ANY PRODUCT OR SERVICE BY YOU OR ANY THIRD PARTY, AS WELL AS FROM ANY INABILITY TO USE THE SITE OR ANY PRODUCT OR SERVICE OR FROM ANY INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR ANY PRODUCT OR SERVICE.
THE LIMITATION OF LIABILITY SET FORTH HEREIN SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF THIRD-PARTY OR AFFILIATE SERVICES OR GOODS RECEIVED OR OBTAINED THROUGH OR ADVERTISED ON THE SITE, OR ANY PRODUCT OR SERVICE, OR RECEIVED OR OBTAINED THROUGH ANY LINKS PROVIDED IN OR ON THE SITE, OR ANY PRODUCT OR SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED OR OBTAINED THROUGH OR ADVERTISED ON THE SITE, OR ANY PRODUCT OR SERVICE, OR RECEIVED OR OBTAINED THROUGH ANY LINK PROVIDED IN OR ON THE SITE, OR ANY PRODUCT OR SERVICE. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA, AND SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE, OR ANY PRODUCT OR SERVICE, OR ANY CONTENT, INFORMATION, OR MERCHANDISE THAT APPEARS ON, OR IS LINKED TO, OR IS IN ANY WAY RELATED TO US OR OUR AFFILIATES OR LICENSORS. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ANY ALTERATION OF PROFILES, ARTIST PAGES, OR OTHER CONTENT STORED IN OR THROUGHOUT THE SITE, OR ANY PRODUCT OR SERVICE.
The limitation of liability set forth herein applies, without limitation, to any damages, liability, or injuries caused by any failure of performance, structural inaccuracy, defect, error, omission, interruption, deletion, 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, strict liability, or any other cause of action.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR AFFILIATES OR LICENSORS BE LIABLE TO YOU OR ANY USER ON ACCOUNT OF YOUR, THEIR, OR ANY THIRD PARTY’S ACT OR OMISSION RELATED TO, USE OR MISUSE OF, OR RELIANCE ON THE SITE, OR ANY OF OUR PRODUCTS OR SERVICES, OR FOR ANY ERRORS OR OMISSION IN ANY SUCH CONTENT. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR AFFILIATES OR LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
Any claim or cause of action arising out of or related to use of the Site, any of our products or services, or these Terms must be filed within one (1) year after such claim or cause or action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within this one (1) year period, such claim or cause of action is forever barred.
In some jurisdictions, limitations of liability are not permitted and, therefore, the foregoing limitations may not apply to you. The content of this Site and its webpages is provided for general information and use only and does not constitute professional advice as related to your particular situation or otherwise. The content, structure, design, and functionality of this Site is subject to change with or without notice. You understand and expressly agree that we are not responsible, regardless of the device or form factor employed, for your device, software, hardware or network compatibility, reliability, or stability; and we are under no obligation to provide Site maintenance or customer support.
- User Conduct; Prohibitions.
- Acts that cause, or are likely to cause, any violation of these Terms or any other applicable law or regulation;
- Acts that cause, or are likely to result in, loss or damage to Movenet LLC, our members, managers, employees, representatives, agents, affiliates, third parties, this Site, our content, our products, or our services;
- Acts that defame, or are likely to defame, us or our members, managers, employees, representatives, agents, affiliates, successors, assigns, or third parties;
- Acts that hurt, or are likely to hurt, our credit, integrity, or reputation, such as being contrary to public order or morality;
- Criminal acts or acts that may lead to, or are likely to lead to, criminal acts;
- Acts that violate, or are likely to violate, any laws, statutes, regulations, ordinances, or contractual obligations;
- Acts that infringe, or are likely to infringe, on any copyright, patent, trademark, trade secret, or any other proprietary or property rights of any person or entity;
- Acts that cause, or are likely to result in, the modification, adaption, sublicensing, translation, sale, reverse engineering, decompiling, or disassembling of the Site or any of our products or services, or any Content, feature, or function thereof;
- Acts that impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- Acts that cause, or are likely to cause, misunderstanding or confusion with respect to the relationship between you and Movenet LLC; or cause, or are likely to cause, misunderstanding or confusion regarding whether we, or one of our members, managers, employees, representatives, agents or affiliates, recognizes, guarantees, supports or recommends any other product, service , website, person or entity;
- Acts that are, or are likely to be, harmful to the appearance, content, reliability, integrity, stability, or security of this Site or our services;
- Acts that introduce, or are likely to introduce, any software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
- Acts that cause, or are likely to cause, the reverse engineering, disassembling, decompiling, or hacking of any of our Content, features, or services, or that produce, or are likely to produce, the defeat or overcoming of any of our encryption technologies or security measures for any data transmitted, processed, or stored by us;
- Acts that cause, or are likely to cause, the harvesting, scraping, mining, or collection of any information about or regarding other people that use this Site or our services, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to 'pixel tag' cookies, graphics interchange formats ('gifs') or similar items that are sometimes also referred to as 'spyware' or 'pcms' (passive collection mechanisms));
- Acts that use or launch, or are likely to result in the utilization, of any automated system, including without limitation “robots,” “bots,” “spiders,” or “offline readers,” to access or send information to, or collect information from, the Site or any of our products or services, in a manner sends more request messages to our servers in a given period of time than a human can reasonably product in the same period by using a conventional web browser;
- Acts that produce, or are likely to produce, the disguise, anonymization, or the masking or hiding of your IP address, or that interfere with or disrupt this Site or its servers or networks;
- Any other inappropriate acts, including but not limited to acts likely to have any sort of detrimental effect on Movenet LLC, our members, managers, employees, representatives, agents, affiliates, successors, assigns, content, features, services, or reputation.
- Indemnification and Release.
You expressly and irrevocably agree to indemnify, save, defend, reimburse, advance fees for, and hold harmless Movenet LLC, our members, managers, employees, agents, representatives, affiliates, licensors, successors, and assigns to the maximum extent permitted by law from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind or character (including attorneys’ fees) resulting from or related to: (i) your use or misuse of this Site or our services, (ii) the use, construction, conversion, modification, misinterpretation, misuse, or reuse by you or others of any of our content, services, or any other materials furnished by us; (iii) any negligence or other acts or omissions by you or any of your owners, officers, directors, managers, employees, contractors, consultants, advisors, agents, affiliates, or representatives; (iv) your breach of any provision of these Terms, or (v) your violation of any law or of any our rights or the rights of another, whether by action or omission.
By accessing or using the Site, or any of our Content, products, or services, or submitting any ideas, information, or materials to us, you hereby release us and our parents, subsidiaries, affiliates, directors, officers, members, managers, employees, volunteers, licensors, successors, assigns, representatives, and agents from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against us or them arising out of or in any way related to your use of the Site, any of our Content, products, or services, or any use of any ideas, information, or materials you’ve submitted to us.
YOU HEREBY IRREVOCABLY AND FOREVER WAIVE THE APPLICATION OF ANY AND ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH INDEMNITY AND RELEASES. This provision shall survive the expiration or termination of these Terms.
- Linking to Our Site.
Unless you and Movenet LLC have agreed otherwise in writing, you are only granted a limited, nonexclusive, revocable, nontransferable, non-sublicensable right to create a “hypertext” link to this Site; provided that any such link is to the entry page of this Site and does not portray us or our services in a false, misleading, defamatory, or otherwise derogatory manner. We reserve the right to revoke, suspend, or further limit this limited right at any time and for any reason or no reason, and to take legal action against anyone whose use fails to conform to the requirements set forth in this section. Under no circumstances may you use, frame, or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information including the images found on this Site without our prior written consent.
- Contacting Us; Notices.
Through our Site or otherwise you can email us at firstname.lastname@example.org. By sending any email to our provided email address or otherwise transmitting any information to us, you acknowledge and agree that you are solely and fully responsible for the content, accuracy, quality, and legality any information provided to us, as well as for its confidentiality, privacy and security and for any consequences that may arise out of the failure to protect or maintain the privacy or confidentiality of any personal information provided to us.
By submitting, transmitting, or making available any information or materials to us, whether by email or otherwise, you represent and warrant that you have the right to such information or materials, and you agree and acknowledge that we may use any ideas, concepts, insights, information, or techniques that you transmit or submit for any lawful purpose. Furthermore, you agree to comply with all local rules regarding online conduct and acceptable sharing or transmitting of information, including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Further, you understand and accept our security procedures and practices, acknowledging that there are always risks related to the transmission, storage, display, and retrieval of data and information over the internet or on local hardware, including, without limitation, by email and through this Site.
Any notices to Movenet LLC are to be sent to email@example.com. Please contact us with any questions regarding these Terms by sending your queries to the above email address.
- Submission of Ideas.
We are always improving and developing new features for the Site, and our products and services. If you have ideas regarding improvements or additions to the Site, or any product or service, we would like to hear them. Any submission will be subject to these Terms.
UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO US BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA, INFORMATION, OR MATERIALS TO US, YOU THEREBY WAIVE ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA, INFORMATION, OR MATERIALS AND ARE REPRESENTING AND WARRANTING TO US THAT THE IDEA, INFORMATION, OR MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA, INFORMATION, OR MATERIALS AND THAT WE ARE FREE TO IMPLEMENT THE IDEA, INFORMATION, OR MATERIALS, AND TO USE THE SAME IF WE SO DESIRE, AS PROVIDED OR AS MODIFIED BY US, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
- Links to External Websites
Links to external, third-party websites posted on the Site are provided only as a matter of convenience to Site users. Any such link on our Site does not imply or mean that we endorse the content on that external website or the operator or operations of that website. We are not responsible for the privacy practices, security, content, or reliability of these thirty-party websites. You agree not to hold us responsible for the content or operation of any such third-party websites. You are encouraged to notice when any of our Site’s links direct you to another website and you are solely responsible for reviewing the terms, conditions, and policies of any such website, especially those which may collect your personally identifiable information.
- Mandatory Arbitration and Class Action and Jury Trial Waivers.
THE PARTIES EXPRESSLY AND IRREVOCABLY AGREE THAT ANY DISPUTE ARISING OUT OF OR IN CONNECTION WITH THE SITE, ANY OF OUR CONTENT, PRODUCTS, OR SERVICES, OR THESE TERMS, INCLUDING ANY QUESTION REGARDING THEIR EXISTENCE, VALIDITY, ENFORCEABILITY, OR APPLICABILITY, IN WHOLE OR IN PART, SHALL BE ARBITRATED.
WHERE PERMITTED UNDER THE APPLICABLE LAW, THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless we and you both agree otherwise, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a class, collective, consolidated, or representative action. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT, THE PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY. THESE LIMITATIONS OF RELIEF ARE A PART OF THE BARGAIN BETWEEN THE PARTIES.
To initiate an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim to us, mailed and addressed as follows:
- Movenet LLC ATTN: Arbitration of Dispute, 3344 South Ammons Street, 16-104 Lakewood, CO 80227.
There is no judge or jury in arbitration, and judicial review of arbitration awards is limited. However, arbitrators can award, on an individual basis, the same damages and relief as a court, and must follow these Terms as a court would.
The arbitration will be conducted by Judicial Arbitration and Mediation Services (JAMS). Any party may submit the dispute to final and binding arbitration by a single arbitrator through (a) JAMS Streamlined (for claims under $250,000), (b) JAMS Comprehensive (for all other claims), (c) any successor of JAMS if JAMS is no longer in existence, or (d) any similar arbitration group that can provide a former judge if JAMS is no longer in existence and without successor.
Any arbitrator selected shall be chosen by JAMS, or another arbitration group, on the basis, if possible, of their experience in the subject matter(s) of the dispute. The decision of the arbitrator shall be final, non-appealable, and binding upon the parties, and it may be entered in any court of competent jurisdiction. The arbitration shall take place in the County of Jefferson, State of Colorado. The arbitrator shall be bound by the laws of the State of Colorado applicable to the issues, without regard to its choice or conflicts of law rules. The parties waive the right to seek punitive damages and the arbitrator shall have no authority to award such damages. The arbitrator shall issue a detailed written opinion setting forth their decision and the reasons therefor within thirty (30) days after the arbitration proceeding is concluded.
The arbitrator, as part of their final award, within their sole discretion, shall have the power, but not the obligation, to allocate direct and indirect costs and fees against any and all parties as they deems equitable. Any party seeking enforcement of any arbitration award shall be entitled to an award of all costs, fees, and expenses, including reasonable attorney’s fees, incurred in enforcing the award, to be paid by the party against whom enforcement is ordered. The obligation of the parties to submit any dispute arising under or related to these Terms to arbitration shall survive the expiration or earlier termination hereof. All documents, discovery and other information related to any such dispute, and the attempts to resolve or arbitrate such dispute, will be kept confidential to the fullest extent possible.
- Opting Out of Arbitration.
You may opt out of arbitration. If you do so, neither party may require the other to participate in an arbitration proceeding. To opt out, you must directly notify us in writing within thirty (30) days of the date that you first became subject to these Terms. You must use this address to opt out:
- Movenet LLC ATTN: Arbitration Opt Out, 3344 South Ammons Street, 16-104 Lakewood, CO 80227.
You must include your name and residence address, and an unequivocal statement that you want to opt out of this arbitration agreement. Such letters must be postmarked within thirty (30) days of date that you first became subject to these Terms.
- Violations of Terms.
Should you violate these Terms or any other rights of Movenet LLC or our licensors or users, we reserve the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any Movenet LLC properties.
IF YOU ARE AWARE OF ANY VIOLATIONS OF THESE TERMS, PLEASE REPORT THEM IMMEDIATELY TO: firstname.lastname@example.org.
- Governing Law, Forum Selection, and Jurisdiction.
These Terms shall be construed and enforced in accordance with and governed by the laws of the State of Colorado other than such laws, rules, regulations, or case law that would result in the application of the laws of a jurisdiction other than the State of Colorado. Subject to the arbitration requirements set forth in Section 18, any and all litigation concerning any dispute arising out of or in connection with these Terms shall be filed and maintained only in a state or federal court sitting in the County of Jefferson, State of Colorado. Each party hereto hereby irrevocably consents to the jurisdiction of such courts.
- Termination and Survival.
These Terms shall continue in effect for as long as you use the Site, or any of our products or services, unless specifically terminated earlier by us. All provisions of these Terms which impose obligations continuing in their nature shall survive termination of these Terms.
- General Provisions.
Movenet LLC may freely assign its rights under these Terms as related to the Site, or any of our Content, products, or services, but the rights and obligations created under these Terms may not be assigned, sublicensed, or otherwise transferred or delegated to any other person or entity by you or any user without our prior written permission, and any such purported assignment or transfer shall be null and void. The waiver by either party of a breach or default in any of the provisions of these Terms by the other party will not be construed as a waiver of any succeeding breach of the same or other provisions; nor will any delay or omission on the part of either party to exercise or avail itself of any right, power, or privilege that it has or may have under these Terms operate as a waiver of any breach or default by the other party. Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and permitted assigns.
Words or terms used with initial capital letters will have the meaning specified herein. Whenever the singular form of a term or word is used in these Terms and when required by the context, the same shall include the plural and vice versa. All pronouns (and any variation) will be deemed to refer to the masculine, feminine or neuter, as the identity of the person may require. The word ‘including’ means “including without limitation” and ‘or’ means “and/or.” Except as otherwise expressly provided, all references herein to Sections are to sections of these Terms. Reference to any agreement, document or instrument means such agreement, document or instrument as amended or otherwise modified from time to time in accordance with the terms thereof, and if applicable, hereof. The descriptive headings of these Terms are included for convenience of reference only and do not constitute a substantive part of the agreement or these Terms.
These Terms constitute a single, integrated written contract expressing the entire and exclusive agreement among the parties hereto and supersede all other agreements and understandings regarding the subject matter of this document. In the event that any provision of these Terms is declared to be void, invalid, unlawful, or unenforceable by any arbitrator, court, or tribunal of competent jurisdiction, such provision shall be interpreted to give greatest effect to the intentions of the parties or, if necessary, shall be deemed severed from the remainder of this agreement and the balance shall remain in full force and effect to the maximum extent permitted by law.