TERMS AND CONDITIONS FOR OUR SERVICES
Minding Motion Subscription Terms And Conditions For Individual Subscribers
Last Updated: November 1, 2017
By purchasing a Minding Motion Subscription you agree to the following terms and conditions, which supplement and form a part of the Minding Motion Terms of Service. Capitalized terms not defined here have the meaning given to them in the Minding Motion Terms of Service.
Subscription Coverage and Billing Cycle
Subscriptions. By purchasing a Subscription you will get full access to all of Minding Motion’s available classes, content, and features on the Minding Motion website to which the Subscription is attached for as long as that Subscription remains active. Notwithstanding the foregoing you may not at anytime record or duplication any of the content on the Minding Motion Site without the prior written consent of Minding Motion. The account holder of the Subscription will be the person who activated the Subscription (the “Subscription Holder”) or for such person as the Subscription is activated. As a Subscription Holder you may possess one or more Minding Motion Subscriptions. All of the following subscription terms are intended for individual subscribers.
Institutional Users. Access to the Minding Motion services or Site for any sort of business, governmental entity, or other juridical entity such as for any managed community including without limitation any hospital, or community offering assisted living, memory care, or independent care services (collectively “Institutional Users”), shall be governed by separate agreement or set of terms and conditions. Institutional users must independently contact Minding Motion for access to the Minding Motion site and services. Notwithstanding the foregoing Institutional User found violating this provision will be purusued to the fullest extent of the la and damages shall be measured as the greater of the actual number of additional unauthorized users that are found to have viewed the Minding Motion website multiplied by the number of months such account existed or the equivalent of 20 individual memberships fees for each location where access to the Minding Motion Site occurred multiplied by the number of months such account was in existence, which Minding Motion is hereby authorized to charge to the payment method immediately upon discovery of such violation. By way of example if an Institutional User is found to have accessed the Minding Motion Site through an Individual Membership that is has existed for 12 months from 4 of the such Institutional User’s locations, then the damages would be the then current monthly subscription fee for an individual multiplied by 20 memberships per month per location for each of the 4 locations for each of the 12 months the account existed; or in other words the then current monthly subscription fee x 12 x 4 x 20.
Subscription Coverage. With a Subscription, other users in your private household will have the same access to Minding Motion’s content that the Subscription Holder enjoys. The Subscription Holder will be the person responsible for all activity under the Subscription.
Billing Cycle. All Minding Motion Subscriptions recur on a monthly basis until they are cancelled in accordance with the terms below. Billing occurs at the beginning of the Subscription cycle and provides unlimited access for one month thereafter.
Commitment and Prepaid Periods
Commitment Period. When you first sign up for a Subscription you may be required to agree to a specific price and plan, which may include a commitment period term of months to one or more years (“Commitment Period”). You agree to maintain your Subscription for the applicable Commitment Period. The price available with your plan is valid until the Commitment Period expires, at which time your Subscription will automatically continue on a month-to-month basis at the then-existing non-promotional price for your Subscription level.
Prepaid Period. When you first sign up for a Subscription, you may be given the opportunity to prepay for a period of one or more years of your Subscription (“Prepaid Period”). At the conclusion of your Prepaid Period, your Subscription will automatically continue on a month-to-month basis at the then-existing non-promotional price for your Subscription level. Prepaid Periods may be different than Commitment Periods.
Other Offers. Minding Motion may offer additional promotions or discounts related to Subscriptions from time to time. Please read the details of those offers carefully, as any additional terms presented to you during the sign-up process will form part of these Purchase and Subscription Terms. Unless specified in writing, all discount offers that require a payment are non-refundable, and all free months offered are in addition to the Commitment Period. Any free trial or other promotion must be used within the specified time frame of the trial or promotion. You may be required to have a valid payment method on file in order to initiate a free trial; if you do not cancel before your free trial period ends, your account will be converted to a paid Subscription and will be charged in accordance with these Purchase and Subscription Terms.
Auto-Renewal for Subscription Services. Unless you opt out of auto-renewal, your Subscription will be automatically extended following any Prepaid Period and Commitment Period on a month-to-month basis, at the then-current non-promotional rate. To change or terminate your Subscription, go to your Account Settings on the Minding Motion Website or contact Minding Motion Support at email@example.com. If you terminate your Subscription after your Prepaid Period or Commitment Period, you may use your Subscription until the end of the then-current term and your Subscription will not be renewed after the then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the Subscription fee paid for the then-current Subscription period. For more information on cancelling your Subscription, please read the following section.
Termination or Cancellation of Subscription
Cancellation of Subscription. You may only cancel your Subscription after the expiration of your Commitment Period, except as described in the next paragraph. You agree that if you cancel your plan before the end of the Commitment Period, you will pay an early termination fee that includes, at a minimum, an immediate charge of the remaining balance on the Commitment Period. Amounts prepaid for Prepaid Periods will not be refunded.
Suspension/Termination by Minding Motion. Minding Motion may immediately terminate or suspend your account, and all or a portion of your Subscription, without notice if: (a) your payment is more than 15 days overdue; (b) you provide false or inaccurate information; (c) you violate these Purchase and Subscription Terms, the Terms of Service or any other Minding Motion rules or agreements then in effect; (d) you engage in conduct that is a violation of any applicable law or tarrif (including, without limitation, copyright and intellectual property laws); or (e) if you engage in conduct that is threatening, abusive or harassing to Minding Motion employees, agents, or other Minding Motion users, including, for example, making threats to physically harm or damage property.
If we terminate or suspend your Subscription, your license to use any software or content provided in connection with the Subscription is also terminated or suspended (as applicable). If your Subscription is terminated, Minding Motion has the right to immediately delete all data, files, and other information stored in or for your account without further notice to you. You must pay all charges through the date of termination. Should you wish to resume your Subscription after any suspension, a restoration of service fee may apply. This fee is in addition to all past due unpaid charges and other fees.
Subscription Holders agree to pay the monthly fee specified when you purchased your Minding Motion Bike and/or signed up for a Subscription. If the amount to be charged varies from the amount you preauthorized (other than due to the imposition or change in sales tax), you have the right to receive, and we will provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your specified payment method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Your failure to terminate and/or continued use of your Subscription reaffirms that we are authorized to charge you for that Subscription. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you.
Billing Authorization. You may be asked to provide a credit, charge or debit card number from a card issuer that we accept in order to activate your Subscription – your authorizations in this section also apply to our payment processor and any other company who acts as a billing agent for us. You hereby authorize us to charge your specified payment method on a monthly basis, in advance, for the Subscription and/or to place a hold on your payment method with respect to any unpaid charges for Subscriptions. You authorize the issuer of your selected payment method to pay any amounts described herein without requiring a signed receipt, and you agree that these Purchase and Subscription Terms shall be accepted as authorization to the issuer of the credit card to pay any amounts described herein, without requiring a signed receipt from you. You authorize us to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your payment method until such amounts are paid in full. You agree to provide updated payment information upon request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither Minding Motion, nor any Minding Motion agent, will have any liability whatsoever for any insufficient funds or other charges incurred by you as a result of attempts to charge, and/or place holds on, your specified payment method as contemplated by these Purchase and Subscription Terms. If you provide a debit card number instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number.
Third-Party Payment Processor. You agree to pay us, through our payment processor or financing partner (as applicable), all charges at the prices then in effect for any purchase in accordance with the applicable payment terms presented to you at the time of purchase. You agree to make payment using the payment method you provide when you set up your account. We reserve the right to correct, or to instruct our payment processor or financing partner to correct, any errors or mistakes, even if payment has already been requested or received.
Bill Inquiries and Refunds. If you believe you have been billed in error for a Subscription, please notify us within 60 days of the billing date by contacting Member Support at firstname.lastname@example.org. Minding Motion will not issue refunds or credits after the expiration of this 60-day period, except where required by applicable law.
Minding Motion Terms of Service
Last Updated: September 12, 2017
PLEASE READ THIS LEGAL DOCUMENT CAREFULLY. Minding Motion for Graceful Aging LLC, a Utah limited liability company (together with our affiliates, “Minding Motion”, “we”, or “us”) provides an online creative movement and fitness community and related products, services, content and features through the Minding Motion website located at www.mindingmotion.com, including subdomains, such as those for our library of classes, live classes, support and boutique pages (the “Minding Motion Site”), and interfaces for various devices including through mobile and desktop or device applications (including iOS and Android applications) and Minding Motion-controlled social media pages (including on Facebook, Instagram, Spotify and Twitter) (collectively with all items related to or delivered through the Minding Motion Site the “Minding Motion Service”). By registering as a member or by visiting, browsing, or using the Minding Motion Service in any way, you (as a “user”) accept these Terms of Service (“Agreement”), which forms a binding agreement between you and Minding Motion.
PLEASE READ: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 21). READ CAREFULLY, INCLUDING YOUR RIGHT, IF APPLICABLE, TO OPT OUT OF ARBITRATION. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 21 BELOW, BY ENTERING INTO THIS AGREEMENT YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND MINDING MOTION WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
If you do not wish to be bound by this Agreement, you may not access or use the Minding Motion Service. Certain elements of the Minding Motion Service may be subject to additional terms and conditions specified from time to time; your use of those elements of the Minding Motion Service is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
1. Who May Use the Minding Motion Service
Age Requirement. You must be at least 18 years old to register with and use the Minding Motion Service. Minors may participate in Minding Motion’s offerings including classes, provided that (a) they and their parent/guardian have signed a Minding Motion waiver and release; and (b) their parent/guardian is on site at all times.
We may, in our sole discretion, refuse to offer the Minding Motion Service to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that this Agreement is in compliance with all laws, rules and regulations applicable to you, and the right to access and use the Minding Motion Service is revoked where this Agreement or use of the Minding Motion Service is prohibited or conflicts with any applicable law, rule or regulation. Further, the Minding Motion Service is offered only for your personal use, and not for the use or benefit of any third party.
2. License to Use the Minding Motion Service
License. Subject to your compliance with this Agreement, Minding Motion grants you a limited, non-transferable, non-exclusive, revocable license to access and use the Minding Motion Service for your own personal, non-commercial purposes. This license includes the right to view content available on the Minding Motion Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
Restrictions. Except as expressly permitted in writing by an authorized representative of Minding Motion, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Minding Motion Service, nor will you take any measures to interfere with or damage the Minding Motion Service. All rights not expressly granted by Minding Motion in this Agreement are reserved.
What information we may collect about you;
What we use that information for; and
With whom we share that information.
4. Membership Requirements Registration
To enjoy full access to the Minding Motion Service, you must register as a member of the Minding Motion Service and enter into a subscription agreement for access to our live and on-line library of classes, content and features (a “Subscription”). Your Subscription is governed by the Subscription Terms and Conditions. You must provide complete and accurate registration information to Minding Motion, complete the Subscription process, and notify us if any of your information changes.
In-Person Membership. Membership to our In-Person live classes is subject to additional fees that are separate from the Subscription fees for Minding Motion’s online content. The In-Person classes are also subject to availability in the area in which you live.
Profile Information and Picture. You may not use someone else’s name, or any name, location or other public profile information that violates any third party rights or that is offensive, obscene or otherwise objectionable (in Minding Motion’s sole discretion). Similarly, you may not use any image that violates any third party rights or that is offensive, obscene or otherwise objectionable (in Minding Motion’s sole discretion).
Account Security. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You may not allow others to use your account. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the Minding Motion Service. If you become aware of an unauthorized access to your account, change your password and notify us immediately at email@example.com.
5. Membership Structure and Fees
Minding Motion will provide information on its then-current Membership and Subscription pricing and requirements on the Minding Motion Site and/or by other means through the Minding Motion Service. Features and prices are subject to change.
6. Sale of Products
Minding Motion accepts orders for the equipment, apparel or accessories that we may offer through the Minding Motion Site or at Minding Motion retail showrooms. Unfortunately, availability of products cannot be guaranteed. Unless otherwise specified at the time of purchase, you must pay for products when you place the order. All products ordered will be delivered to the U.S. shipping address you provide. We reserve the right to cancel an order placed by you at any time and for any lawful reason prior to our delivery of the product(s) and receipt of payment in full from you, provided that we will refund any fees that you prepaid for those products. We may send an acknowledgment of receipt of your order to the email address you provide and/or proof of purchase information through the Minding Motion Site or to your email address after your payment has been processed.
7. Term and Termination; Account Deletion
Term. This Agreement begins on the date you first use the Minding Motion Service and continues as long as you have an account with us and/or continue to use the Minding Motion Service.
Termination for Breach. Minding Motion may, in Minding Motion’s sole discretion, suspend, disable, or delete your account (or any part thereof) or block or remove any User Content (defined below) that you submitted if Minding Motion determines that you have violated this Agreement or that your conduct or content would tend to damage Minding Motion’s reputation and goodwill. If Minding Motion deletes your account for these reasons, you may not re-register for or use the Minding Motion Service under any other user name or profile. Minding Motion may block your access to the Minding Motion Service to prevent re-registration.
Effect of Termination / Account Deletion. Upon termination of this Agreement all licenses granted by Minding Motion will terminate. The following sections survive termination: Submissions, Indemnification, Limitation of Liability, Professional Advice Disclaimer, Medical Disclaimer, Intellectual Property and all General Provisions. In the event of account deletion for any reason, User Content may no longer be available and Minding Motion is not responsible for the deletion or loss of such User Content. For clarity, if you cancel your Subscription or it is terminated for any reason, you will lose access to all live and on-demand classes and any other content or features provided through the Minding Motion Service. Minding Motion, in its sole discretion, may make available a very limited amount of content or features to non-subscribers from time to time.
Any video, image, graphics, photos, text, audio recording, content, materials, information or other works (for simplicity, “content”) that is submitted to the Minding Motion Service by or on behalf of users (“User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all content, including User Content, accessed by you using the Minding Motion Service is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We make no representations, warranties or guarantees with respect to any content that you access on or through the Minding Motion Service.
As between you and Minding Motion, you own all User Content that you submit to the Minding Motion Service. You grant Minding Motion a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Content for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content. You further grant all users of the Minding Motion Service permission to view your User Content for their personal, non-commercial purposes. If you make suggestions to Minding Motion or through the Minding Motion Service about improving or adding new features or products to the Minding Motion Service or you otherwise provide feedback or testimonials, Minding Motion a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use your suggestions, feedback and testimonials without any compensation or other obligation to you.
9. Content Restrictions
You may not upload, post, submit, distribute or transmit (collectively, “submit”) to any portion of the Minding Motion Service any User Content that:
Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
Depicts unlawful acts or extreme violence;
Depicts animal cruelty or extreme violence towards animals;
Promotes fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures;
Download and/or install any third party software and/or application on any Minding Motion hardware that is not expressly permitted by Minding Motion in writing; and/or
Violates any law.
10. Code of Conduct
In using the Minding Motion Service, you must behave in a civil and respectful manner at all times. Further, you will not:
Act in a deceptive manner by, among other things, impersonating any person;
Harass or stalk any other person;
Harm or exploit minors;
Collect information about others;
Advertise or solicit others to purchase any product or service;
Engage in any conduct that is offensive or illegal; or
Violate any other community rules or codes of conduct that Minding Motion may impose.
Minding Motion has the right, but not the obligation, to monitor all conduct on and content submitted to the Minding Motion Service. Minding Motion reserves the right to alter, edit, remove, or refuse to post any content, software and/or applications, in whole or in part, in Minding Motion’s sole discretion or to satisfy or comply with applicable laws, regulations, legal processes and/or maintain the integrity and reputation of the Minding Motion Service and Minding Motion’s systems.
In addition, when visiting or taking classes at any location such classes are offered, please be advised that Minding Motion is not responsible for any lost or stolen items and that visitors, guests and members are required to adhere to then-current policies in place at that studio.
11. Member Interactions, Dealings with Third Parties
When interacting with other Minding Motion members, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other people you don’t know. Your participation, correspondence or personal or business dealings with any third party found on or through the Minding Motion Service, whether regarding payment or delivery of specific goods and services, donations or fundraisers, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Minding Motion is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such dealings.
12. Your Representations and Warranties
For each piece of User Content that you submit, you represent and warrant that: (i) you have the right to submit the User Content to Minding Motion and grant the licenses set out above; (ii) Minding Motion will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the User Content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the User Content complies with this Agreement and all applicable laws.
You agree to indemnify, defend, and hold harmless Minding Motion and its directors, officers, employees, and agents, from and against all claims, damages, losses and costs that arise from or relate to (i) your activities on the Minding Motion Service, (ii) any User Content submitted by or on behalf of you or (iii) your violation of this Agreement.
14. Third Party Software and applications
Downloading and/or installing any third party software and/or applications that are not expressly authorized by Minding Motion on any Minding Motion hardware is strictly forbidden; any such downloading or installation is done at your own risk and may void any applicable warranty or support commitments by Minding Motion.
15. Third Party Links and Content
There may be links on the Minding Motion Service that let you leave the particular Minding Motion Service you are accessing in order to access a linked site that is operated by a third party. Minding Motion neither controls nor endorses these sites, nor has Minding Motion reviewed or approved the content that appears on them. Minding Motion is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any such third party sites. You acknowledge and agree that Minding Motion is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access or use of any of the links, content, goods or services available on or through these third party sites.
Minding Motion reserves the right to modify the Minding Motion Service, including, but not limited to updating, adding to, enhancing, modifying, removing or altering any content or features of the Minding Motion Service, at any time, in its sole discretion. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Minding Motion Service. Minding Motion has no obligation to screen or monitor any content and does not guarantee that any content available on the Minding Motion Service is suitable for all users or that it will continue to be available for any length of time.
Minding Motion provides the Minding Motion Service on an “AS IS” and “AS AVAILABLE” basis. You therefore use the Minding Motion Service at your own risk. Other than as expressly provided in writing by Minding Motion in connection with your purchase of a Minding Motion product (for example, the Minding Motion Bike), Minding Motion expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Minding Motion makes no representations or warranties:
That the Minding Motion Service is or will be permitted in your jurisdiction;
That the Minding Motion Service will be uninterrupted or error-free;
Concerning any content, including User Content;
Concerning any third party’s use of User Content that you submit;
That the Minding Motion Service will meet your personal or professional needs;
That Minding Motion will continue to support any particular feature of the Minding Motion Service.
Concerning sites and resources outside of the Minding Motion Service, even if linked to from the Minding Motion Service.
To the extent that another party may have access to or view content on your device, you are solely responsible for informing such party of all disclaimers and warnings in this Agreement. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF 30 DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE MINDING MOTION SERVICE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
17. Limitation of Liability
To the fullest extent permitted by law: (i) Minding Motion shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) Minding Motion’s total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to Minding Motion over the 12 months preceding the date your first claim(s) arose.
18. Professional Advice Disclaimer / Medical Disclaimer
Professional Advice Disclaimer.
THE MINDING MOTION SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE MINDING MOTION SITE OR HEARD ON THE MINDING MOTION SERVICE. THE USE OF INFORMATION PROVIDED THROUGH THE MINDING MOTION SERVICE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THE MINDING MOTION SITE OR AVAILABLE THROUGH ANY MINDING MOTION SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE MINDING MOTION SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND MINDING MOTION MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE MINDING MOTION SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
In becoming a user of Minding Motion with the intent of using the Minding Motion Service, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or (B) your physician has specifically approved of your use of the Minding Motion Service.
If applicable, you further affirm that (a) you are not pregnant, breastfeeding or lactating; or (b) your physician has specifically approved your use of the Minding Motion Service.
Minding Motion reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.
19. Intellectual Property
You acknowledge that the Minding Motion Service contains software and other content that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Minding Motion-generated content, and content provided to Minding Motion by its partners and licensors, is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, as between you and Minding Motion, Minding Motion owns a copyright in the selection, coordination, arrangement and enhancement of all content in the Minding Motion Service. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to access and use the Minding Motion Service, you may download one copy of the application to any single device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with this Agreement. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to access and use the Minding Motion Service, Minding Motion hereby grants you a limited, revocable, non-exclusive, non-transferable right and license to access and use the content made available on the Minding Motion Service for your personal, non-commercial use of the Minding Motion Service and for no other purpose whatsoever. Unless otherwise specified, copying or modifying any content or using content for any purpose other than your personal, non-commercial use of the Minding Motion Service, including use of any such content on any other website or networked computer environment, is strictly prohibited.
The Minding Motion name, logos and affiliated properties, designs and marks are the exclusive property of Minding Motion Interactive, Inc. and/or its affiliates, whether registered or unregistered, and may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. Nothing contained on the Minding Motion Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or other intellectual property without our express prior written consent.
Any other trademarks appearing on the Minding Motion Service are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content that they make available through the Minding Motion Service. All rights not expressly granted in this Agreement are reserved.
20. Copyright / DMCA Policy
Minding Motion respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that their User Content does not infringe any third party copyright or other intellectual property rights.
Minding Motion will promptly remove materials from the Minding Motion Site in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright. In addition, Minding Motion may, when appropriate, terminate the accounts of repeat copyright infringers.
Filing a DMCA Notice to Remove Copyrighted Content – for Copyright Holders
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
Your name, address, telephone number, and email address.
A description of the copyrighted work that you claim has been infringed.
A description of where on the Minding Motion Site the material that you claim is infringing may be found, sufficient for Minding Motion to locate the material (e.g., the URL).
A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Your electronic or physical signature.
You may submit this information, or any counternotice, via:
Email, with the subject line “DMCA Notices” to: support@oneMinding Motion.com
Minding Motion For Graceful Aging, LLC
Salt Lake City, Utah 84106
Attn: Copyright Agent
Minding Motion may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.
If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.
21. Jury & Class Action Waiver – Important – Please Review as this Affects Your Legal Rights
Arbitration. YOU AND WE AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR OUR OFFICERS, DIRECTORS OR EMPLOYEES IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS AGREEMENT, YOUR USE OF THE MINDING MOTION SERVICE, AND/OR RIGHTS OF PRIVACY OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE JAMS, INC. (“JAMS”) RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES IN EFFECT AT THE TIME OF DISPUTE, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT EITHER PARTY MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE EQUITABLE RELIEF IN ANY U.S. COURT HAVING JURISDICTION TO PROTECT AGAINST AN INFRINGEMENT OR MISAPPROPRIATION OF THAT PARTY’S INTELLECTUAL PROPERTY RIGHTS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
Small Claims Court. As an alternative, you or we may bring a claim in your local “small claims” court, if permitted by that small claims court’s rules and within such court’s jurisdiction, unless the action is transferred, removed or appealed to a different court. You may bring such claims only on your own behalf.
Class Action Waiver. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision is governed by the Federal Arbitration Act and not by any state law concerning arbitration. If JAMS is unwilling or unable to set a hearing date within 160 days of filing, then either we or you can elect to have the arbitration administered instead by the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement.
Time Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with your relationship with us, including the use of the Minding Motion Service or this Agreement, must be filed within one year after such claim or cause of action arose or be forever banned.
Opt-Out. If you do not wish to be bound by the arbitration and class action waiver provisions in this Section 21, you must notify us in writing within 30 days of the date that you first use the Minding Motion Service or 30 days from the date this Section 21 was last updated (unless a longer period is required by applicable law). Your written notification must include your name and mailing address, your username and the email address you used to set up your Minding Motion account (if you have one), and a statement that you do not wish to resolve disputes with us through arbitration and demonstrating compliance with the 30-day time limit to opt out. You must mail your opt-out notice to this address: Minding Motion Interactive, Inc., Attn: Dispute Resolution Opt-out, 125 West 25th Street, 11th Floor, New York, NY 10001. If you do not notify us in accordance with this Section 21, you agree to be bound by the arbitration and class-action waiver provisions set out above, including any revisions we make to this Agreement after the date of your acceptance. If we make any changes to this Section (other than a change to the address at which we will receive notices), you may reject the change by sending us written notice to the above address within 30 days of the effective date of the change. Any opt-out notice affects this Agreement only; if you previously entered into other arbitration agreements or class action waivers with us or enter into other such agreements in the future, your notification that you are opting out of the dispute resolution provision in this Agreement will not affect the other agreements between you and us.
Fees. Your arbitration fees will be limited to those fees set forth in the JAMS Rules for Arbitration of Consumer-Related Disputes with the remainder paid by Minding Motion.
Survival. This Section 21 will survive the termination of your relationship with us. If any of the prohibitions against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable under applicable law, then such provisions will be null and void and severed from this Agreement.
22. Governing Law
This Agreement shall be governed by the laws of the State of Utah, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply. Subject to the foregoing agreements in Section 21, any other action arising out of or relating to this Agreement or your use of the Minding Motion Service must be commenced in the state or federal courts located in New York, New York, United States of America, and you consent to the jurisdiction of those courts.
23. Interpretation; Severability; Waiver; Remedies
Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Minding Motion in exercising any right hereunder will waive any further exercise of that right. Minding Motion’s rights and remedies hereunder are cumulative and not exclusive.
24. Successors; Assignment; No Third Party Beneficiaries
This Agreement is binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer this Agreement without Minding Motion’s prior written consent. No third party has any rights hereunder. Minding Motion may assign its rights, obligations and/or this Agreement at any time in its sole discretion without notice to you.
You consent to receive all communications including notices, agreements, disclosures, or other information from Minding Motion electronically. Minding Motion may communicate by email or by posting to the Minding Motion Service. For support-related inquiries, you may email firstname.lastname@example.org. For all other notices to Minding Motion, write to the following address:
Minding Motion for Graceful Aging, LLC
Salt Lake City, Utah 84106
Attn: Legal Department
Nothing in this Agreement or otherwise limits Minding Motion’s right to object to subpoenas, claims, or other demands.
This Agreement may be modified at any time by Minding Motion. Any such modification will be communicated to you by, at a minimum, revising the “Last Updated” date at the top of this page. Subject to Section 21, unless otherwise specified by us, modifications will be effective as of the date they are posted to the Minding Motion Service.
27. Entire Agreement
This Agreement incorporates the following legal documents by reference, as well as any other policies or procedures referenced herein that are posted to the Minding Motion Site from time to time:
Subscription Terms and Conditions as maintained on the Minding Motion Website
In the event of a conflict between any policies posted on the Minding Motion website and the terms of this Agreement, the terms of this Agreement will control. This Agreement represents the entire understanding between Minding Motion and you and supersedes all prior agreements and understandings regarding the same.
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