MoveMeFit Terms of Service

Last Updated: November 5, 2014

The following terms and conditions govern all use of the MoveMeFit.com website and all content, services and products available at or through the website, mobile applications, desktop applications, and PC television applications (taken together, the “ Website”). The Website is owned and operated by MoveMeFit, Inc. (“MoveMeFit”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, MoveMeFit’s Privacy Policy) and procedures that may be published from time to time on this Site by MoveMeFit (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by MoveMeFit, acceptance is expressly limited to these terms.

The Website is available only to individuals who are at least 13 years old. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian's permission to use the MoveMeFit Service. Please have him or her read this Agreement with you. NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the Website, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child's use of the Website. If your child is using the Website and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access.

MoveMeFit has the right (though not the obligation) to, in MoveMeFit’s sole discretion, terminate or deny access to and use of the Website to any individual or entity for any reason. MoveMeFit will have no obligation to provide a refund of any amounts previously paid.

  1. License.

    MoveMeFit grants you a limited, non-exclusive license to access and use the Website for your own personal, non-commercial purposes. This includes the right to view content available on the Website. This license is personal to you and may not be assigned or sublicensed to anyone else.

    You may not use the Website for commercial purposes.

  2. Membership.

    • Registration.

      To fully use the Website, you must register as a member by providing a password, your name, and valid email address. You must provide complete and accurate registration information to the Website and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.

    • Name.

      We encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. You may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.

    • Account Security.

      You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the Website. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately at support@movemefit.com.

  3. Payment and Renewal.

    • General Terms.

      Optional paid services such as premium subscriptions are available on the Website (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay MoveMeFit the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable. MoveMeFit reserves the right to deny subscriptions, renewals, and other purchases for any reason.

    • Automatic Renewal.

      Unless you notify MoveMeFit before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the User section of your site’s dashboard.

    • Restricted Use.

      You may not use the Website to substantially replicate products or services offered by Website, including the republication of MoveMeFit content or the creation of a separate fitness platform. If MoveMeFit believes, in its sole discretion, that you have violated or attempted to violate these conditions or the spirit of these terms, your ability to use and access the Website may be temporarily or permanently revoked, with or without notice.

  4. Content Posted on Other Websites.

    We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which MoveMeFit.com links, and that link to MoveMeFit.com. MoveMeFit does not have any control over those non-MoveMeFit websites and webpages, and is not responsible for their contents or their use. By linking to a non-MoveMeFit website or webpage, MoveMeFit does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. MoveMeFit disclaims any responsibility for any harm resulting from your use of non-MoveMeFit websites and webpages.

  5. Copyright Infringement and Digital Millennium Copyright Act Policy.

    As MoveMeFit asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by MoveMeFit.com violates your copyright, please notify MoveMeFit by providing a written notice (“Infringement Notice”) containing the information described below to the designated agent listed below. If MoveMeFit takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to MoveMeFit.

    MoveMeFit will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. MoveMeFit will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of MoveMeFit or others. In the case of such termination, MoveMeFit will have no obligation to provide a refund of any amounts previously paid to MoveMeFit.

    Infringement Notice.

    Your Infringement Notice may be forwarded to the party that made the content available or to third parties.

    Please be advised that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Thus, if you are not sure content located on or linked-to by the Website infringes your copyright, you should consider first contacting an attorney.

    Send your complaint to: partners@movemefit.com

    You must include the following:

    1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
    2. An identification of the copyright claimed to have been infringed;
    3. A description of the nature and exact location of the content that you claim to infringe your copyright, in sufficient detail to permit MoveMeFit to find and positively identify that content
    4. Your name, address, telephone number and email address; and
    5. A statement by you: (a) that you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; (b) that all of the information contained in your Infringement Notice is accurate, and (c) under penalty of perjury, that you are either the copyright owner or a person authorized to act on their behalf.

  6. Intellectual Property. This Agreement does not transfer from MoveMeFit to you any MoveMeFit or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with MoveMeFit, MoveMeFit.com, the MoveMeFit logo, and all other trademarks, service marks, graphics and logos used in connection with MoveMeFit, or the Website are trademarks or registered trademarks of MoveMeFit. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any MoveMeFit or third-party trademarks.
  7. Changes. MoveMeFit reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. MoveMeFit may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  8. Termination. MoveMeFit may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your MoveMeFit.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  9. Disclaimer of Warranties. The Website is provided “as is”. MoveMeFit and its contributors, suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither MoveMeFit nor its contributors, suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  10. Limitation of Liability. In no event will MoveMeFit, or its contributors, suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to MoveMeFit under this agreement during the twelve (12) month period prior to the cause of action. MoveMeFit shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  11. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the MoveMeFit Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  12. Indemnification. You agree to indemnify and hold harmless MoveMeFit, its contributors, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
  13. Miscellaneous. This Agreement constitutes the entire agreement between MoveMeFit and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of MoveMeFit, or by the posting by MoveMeFit of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; MoveMeFit may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
  14. Notices: You consent to receive all communications including notices, agreements, disclosures, or other information from MoveMeFit electronically. MoveMeFit may provide all such communications by email or by posting them on the Website. For support-related inquiries or notices of a legal nature, you may send an email to support@movemefit.com

Nothing herein shall limit MoveMeFit's right to object to subpoenas, claims, or other demands.