Website Terms of Use

LAST UPDATED: February 26th, 2019

These Terms of Use (the “Terms”) apply to your access and use of this website (the “Site”) provided by MovementX, Inc. (referred to as “MX,” “we,” or “us”).

BY USING AND OR ACCESSING THE SITE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND AGREE TO BE BOUND BY THEM. PRINT OR DOWNLOAD A COPY OF THESE TERMS FOR YOUR RECORDS.

When using or accessing the Site, you agree that you must comply with any guidelines, rules, terms, and conditions applicable to such use or access that we post, which are hereby incorporated by reference into these Terms and with any applicable third-party terms of agreement.

We may modify these terms at any time by posting the revised terms on our website. You can determine when these terms were last revised by referring to the “last updated” legend at the top of this webpage. Any modifications will be effective immediately upon such posting. Your use of or access to the site after such modifications are posted will signify your acceptance of the modifications and your agreement to be bound by them. Notwithstanding the foregoing, any modifications to these terms shall not apply to any dispute between us arising prior to the date on which we post the revised terms that contain such modifications.

YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE SITE, IN WHOLE OR IN PART, OR OF ANY SERVICE, CONTENT, FEATURE, OR PRODUCT OFFERED THROUGH THE SITE.

You shall not, and shall not allow any third party to, (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Site in any way; (ii) modify, adapt, alter, translate or create derivative works of the Site; (iii) create internet “links” to the Site or “frame” or “mirror” any Site on any other server or wireless or internet-based device; (iv) use or merge the Site, or any component or element thereof, with other software, databases or services not provided by MX; (iv) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or structure of the Site; (v) interfere in any manner with the operation of the Site; (vii) circumvent, or attempt to circumvent, any electronic protection measures in place to regulate or control access to the Site; (viii) create a database by systematically downloading and storing the information provided via the Site; or (ix) use any robot, spider, app search/retrieval application, or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or in any way gather the information provided on the Site or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. You agree not to develop, distribute, or sell any software or other functionality capable of launching, being launched from, or otherwise integrated with the Site.

MX will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. MX may involve and cooperate with law enforcement authorities in prosecuting users who violate these terms.

YOUR USE OF THE SITE

You may only access the Site using authorized means. MX is not liable if you do not have a compatible mobile device, browser, or any other software or hardware with which the Site is not compatible. MX reserves the right to terminate the Site and the use thereof should you use the Site with an incompatible or unauthorized device.

By using the Site, you further agree that:

• You will only use the Site for your sole use and will not resell it to a third party;
• You will not use any of the Site for unlawful purposes, including, but not limited to, sending or storing any unlawful material or for fraudulent purposes;
• You will not impair the proper operation of the network;
• You will not try to harm the Site in any way whatsoever;
• You will not copy or distribute the Site or any content without written permission from MX;
• You will provide us with whatever proof of identity we may reasonably request;
• You will not use any of the Site with an incompatible or unauthorized device;

COMPATIBILITY AND ACCESSIBILITY

You understand that the Site is provided over the Internet, so the quality and availability of the Site may be affected by factors outside our control. We do not guarantee that the Site will be compatible or operate with your personal computing device or other piece of hardware, software, equipment, or device you install on or use with your personal computing device. WE ARE NOT RESPONSIBLE IF THE SITE IS UNAVAILABLE OR IF YOU CANNOT DOWNLOAD OR ACCESS THE SITE CONTENT, FOR ANY COMPATIBILITY OR INTEROPERABILITY ISSUES, OR FOR ANY COMMUNICATION SYSTEM FAILURE WHICH MAY RESULT IN THE SITE BEING UNAVAILABLE.

ERRORS

The Site may contain typographical mistakes, inaccuracies, or omissions and some information may not be complete or current. We expressly reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. We do not make any representation or warranty concerning errors, omissions, delays, or defects in the Site or any information supplied to you via the Site, or that files available through the Site are free of viruses, worms, Trojan horses, or other code that include or manifest contaminating or destructive characteristics.  

OUR PROPERTY OWNERSHIP AND TRADEMARKS

MX alone (and its licensors, where applicable) shall own all right, title, and interest, including all related intellectual property rights, in and to the Site and any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any other party relating to the Site.  You may not remove, alter, or obscure any copyright notice or any other proprietary notice that appears on or in the Site.

MX’s name, logo, and the product names associated with the Site are trademarks of MX, its affiliated companies, or third parties and no right or license is granted to use them.  Any logo, trademark, service mark, domain name, or trade name appearing on or within the Site (“Marks”), whether registered or not, are the property of MX or their respective owners. You may not use any Marks without the express written permission of MX.

WAIVER AND INDEMNIFICATION

BY USING THE SITE, YOU AGREE TO INDEMNIFY AND HOLD MX, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF (I) YOUR BREACH OF THESE TERMS; (II) YOUR USE OF THE SITE; OR (III) ANY ALLEGATION THAT YOUR CONTENT INFRINGES A COPYRIGHT, PATENT, OR TRADEMARK OR MISAPPROPRIATES A TRADE SECRET OF A THIRD PARTY.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE SITE IS PROVIDED “AS IS,” “WHERE-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO CASE SHALL MX, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, EVEN IF ADVISED OF THEIR POSSIBILITY.

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE WILL BE TO STOP USING THE SITE.  

THIRD PARTY WEBSITES AND ADVERTISING

The Site may include or provide links to other websites on the Internet that we do not control. These other websites may provide opinions, recommendations, or other information from various individuals, organizations, or companies. The Site also may contain advertisements by third parties and these advertisements may contain links to other websites. We are not responsible for the nature, quality, or accuracy of the content or opinions expressed on such websites and we do not investigate, monitor, or check them for quality, accuracy, or completeness. Inclusion of any linked website on the Site does not imply or express an approval or endorsement of the linked website by us or of any of the content, opinions, specific health care providers, treatments, information, products, or services provided on these websites. Even if an affiliation exists between the Site and a third party website, each of these linked sites maintains its own independent privacy and data collection policies and procedures. While we expect our Participants and affiliates to respect the privacy of our users, we cannot be responsible for the actions of third parties. If you visit a website via a link on the Site, we encourage you to consult that website’s privacy policy before providing your information and whenever interacting with any website.

We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. Google Analytics collects first-party cookies, data related to the device/browser, IP address and on-site/app activities to measure and report statistics about user interactions on the websites and/or apps that use Google Analytics.

To provide website visitors the ability to prevent their data from being used by Google Analytics, Google has developed the Google Analytics opt-out browser add-on for the Google Analytics JavaScript (ga.js, analytics.js, dc.js). If you want to opt-out, download and install the add-on for your web browser. Learn more about about the opt-out and how to properly install the browser add-on here.

GOVERNING LAW AND VENUE

THESE TERMS ARE ENTERED INTO IN DELAWARE, AND SHALL BE GOVERNED BY THE LAWS OF THE STATE OF DELAWARE. THE EXCLUSIVE VENUE FOR ANY LEGAL ACTION AS TO THE INTERPRETATION OR ENFORCEMENT OF THESE TERMS SHALL BE A COURT OF APPROPRIATE JURISDICTION LOCATED IN DELAWARE.

GENERAL COMPLIANCE WITH LAWS

The Site and related services are controlled and operated by MX from its offices in the United States. You agree to comply with all local, state, and federal laws, statutes, ordinances, and regulations that apply to your use of the Site and services.

MISCELLANEOUS

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. These Terms, together with all policies referred to herein, are the entire agreement between you and MX relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and MX relating to such subject matter. MX’s failure to enforce any right or provisions in these Terms will not constitute a waiver of such provision, or any other provision of these terms. MX will not be responsible for failures to fulfill any obligations due to causes beyond its control. We reserve the right to assign our rights and duties under these Terms to any person at any time without notice to you, nor will we contact you or seek your approval on any such assignment.

CONTACT US

With questions, e-mail info@movement-x.com