1. INTRODUCTION
The following terms (“Terms of Use”) constitute an agreement between The Movement Maestro, LLC (the “Company”), and the purchaser (“you”) of a subscription (the “Membership Subscription”) to the Company’s site, available at https://themovementmaestro.com/ (the “Website ”) that governs your Membership Subscription. You agree to abide by the Terms of Use as a condition of your Membership Subscription.
Your purchase of the Membership Subscription constitutes your acceptance of, and agreement to the following Terms of Use. Company reserves the right to modify, alter, amend or update the Website, Membership Subscription, policies and these Terms of Use. These Terms of Use are subject to change without notice. If You do not agree with or do not accept any part of these Terms of Use, you should not purchase the Membership Subscription.
2. MEMBERSHIP SUBSCRIPTION
The Membership Subscription includes access to exclusive content, speakers, and support from fellow Membership Subscription members (“Members”) and the Company (collectively the “Services”).
3. PURCHASE AND REFUND POLICIES
3.1 Membership Subscription Purchase and Fees
On the Website, you may purchase a Membership Subscription. Once you sign up for the Membership Subscription, you will receive access to a User Account, as defined below. The Membership Subscription is available for a monthly or yearly fee, which you may choose at the time of purchase (the “Membership Subscription Fee”). In certain cases, you may be given an initial introductory rate or promotional period (the “Promotion”) before the regular Membership Subscription Fee begins. Once the Promotion ends, you will automatically be charged the applicable Membership Subscription Fee.
3.2 Yearly Subscription Discounts
If you choose to pay the yearly Membership Subscription Fee, you will be granted exclusive discounts on Company content, including in-person courses, online courses, one-on-one coaching, and group coaching programs for the duration of the yearly Membership Subscription. Discounts will vary per event or program and are at the sole discretion of Company. To be eligible for discount, purchases must be made during the yearly subscription term; however, you may complete online content or attend events after the subscription expires.
3.3 Payment Authorization and Billing
To the extent the Membership Subscription or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Company’s third-party payment provider with information regarding your credit card or other payment instrument. You represent and warrant to Company that such information is true and that you are authorized to use the payment instrument. You will promptly update your User Account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Company the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Use. You hereby authorize Company to bill your payment instrument in advance in accordance with the terms of the applicable payment plan until you terminate your User Account, and you further agree to pay any charges so incurred. If you dispute any charges, you must let Company know within sixty (60) days after the date that Company charges you. Company reserves the right to change the price of the Membership Subscription. Your continued use of the Membership Subscription after the price change becomes effective constitutes your agreement to pay the changed amount.
3.4 Payment Failures and Access Revocation
Access will be revoked to the Membership Subscription/Services if you choose a payment plan or subscription and do not complete the payments on schedule.
3.5 Payment Method
You must submit advanced payment, via credit card, of the Membership Subscription Fee to gain access to the Membership Subscription.
3.6 Subscription Term
The term of the Membership Subscription shall commence on the first day on which you purchase the Membership Subscription and shall continue until termination. You shall decide the length of each term at the time of purchase.
3.7 Automatic Renewal and Opt-Out
You may opt out of automatically recurring payments by accessing the User Account and modifying the payment options. If you do not opt out, then the Membership Subscription will automatically renew for a like term under the then-current Terms of Use. To cancel or independently renew the Membership Subscription, you may do so under the subscription tab on the account settings page on the Website.
3.8 Renewal Date Notifications
It is your responsibility to cancel the Membership Subscription prior to the renewal date. You will be notified by email seven (7) days before the renewal date. You can also see your renewal date by logging in to your account page on the Website and checking the expiration date under the subscription tab. This is the renewal date.
3.9 Cancellation by User
If you choose to discontinue the Membership Subscription before the end of the then-current term, you may do so through your User Account; however, Company will provide no refund of any portion of the Membership Subscription Fee and you will immediately lose access to the Membership Subscription.
3.10 Rejoining and Upgrading/Downgrading
If you choose to terminate the Membership Subscription, you will not be able to rejoin until the next enrollment period. The Membership Subscription Fee is guaranteed to remain the same if you maintain an active subscription for the Membership Subscription; however, if you re-start a Membership Subscription after cancelling, the Membership Subscription Fee may change. If you choose to upgrade from a monthly Membership Subscription to an annual Membership Subscription, your payment will be prorated for that month, but not for any previous months outside of the current billing cycle. If you have paid the yearly Membership Subscription Fee, you can only downgrade to the monthly Membership Subscription Fee within seven (7) days of your renewal date.
3.11 Termination by Company
Company may terminate this Agreement in whole or in part, at any time, upon written notice, including via email at the email noted in your User Account.
3.12 Termination by User and Consequences
You may stop the Membership Subscription at any time by terminating your User Account. If Company terminates your Membership Subscription, Company may exercise whatever means it deems necessary to prevent unauthorized access to the Services, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet service provider. The Terms of Use will survive indefinitely unless and until Company chooses to terminate it, regardless of whether any account you open is terminated by you or Company or whether you continue to use or continue to have the right to use the Services/Membership Subscription.
3.13 Refund Policy
You may cancel your Membership Subscription at any time. Refunds are not available for amounts already paid.
3.14 Failed Transactions and Retrying Policy
In the event of a failed transaction for a recurring Membership Subscription, you will automatically be notified through the email address found in your User Account. The Website will automatically attempt to process the transaction two (2) times after the first failed attempt, for a total of three (3) attempts. After the third failed attempt, the Membership Subscription will be cancelled. You will be sent a final email notice 24 hours before cancellation of your Membership Subscription. To bring your User Account into good standing, you can log in to your User Account, click on Subscriptions, then click ‘Update’, and you will be able to change your credit card info.
4. REGISTRATION & RESTRICTED ACCESS
4.1 Access Limitation
The Website is restricted to use by those who have purchased a Membership Subscription.
4.2 Account Creation Requirements
When you are registered, you are required to create a user profile, which may include a username and password (“User Account”), and you must accept these Terms of Use.
4.3 Username and Password Confidentiality
You agree to keep your username and password confidential. You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity, or a name that is offensive, vulgar, or obscene. If you suspect your password has been compromised, you must notify Company immediately at info@themovementmaestro.com. Company will not be liable for any loss caused by the unauthorized use of your account; however, you may be liable to Company or other third parties for any losses incurred due to such unauthorized use.
4.4 Eligibility and Account Information
When you create a User Account with Company, you guarantee that you are 18 years of age or older, are able to consent to these Terms of Use, and that the information you provide is accurate, complete, and current at all times. Violation of this section may result in the immediate termination of your User Account without refund, at Company’s sole discretion. If you utilize the Services on behalf of a third party, you represent that you are an authorized representative of that third party and may accept the Terms of Use on their behalf.
4.5 Company Rights and Account Termination
Company may disable your username and password at its sole discretion, refuse to register a user for the Membership Subscription or Services, remove or edit any content contributed to the Website, Membership Subscription, or Services, or cancel any User Account. Company may, without notice, refuse access to its Website, Services, or a Membership Subscription, in whole or part, to any person that fails to comply with these Terms of Use.
4.6 Registration Method Changes
Company reserves the right to modify methods for registration and access levels of registered users from time to time.
5. DISCLAIMERS
5.1 No Guarantees
Company has made every effort to ensure that all information provided on the Website, during the Services, or otherwise during the Membership Subscription—whether from Company, Company’s experts and guests, or Members (collectively the “Mafia Information”)—has been tested for accuracy. Company makes no guarantees regarding the results that you will see from using the Mafia Information.
5.2 Limitation of Liability
Company disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the Membership Subscription, Services, Website, and Mafia Information. Company assumes or undertakes no liability for any loss or damage suffered as a result of the use of the Membership Subscription, Services, Website, and Mafia Information.
5.3 Business Information Disclaimer
Company has made every effort to ensure that all business information, including but not limited to any references to technology or business methodology included in the Mafia Information, has been tested for accuracy. There is no guarantee that you will see positive results to your business using the techniques and materials provided in the Mafia Information. Company assumes no responsibility for your decisions or for policies or practices that you implement based on the Mafia Information. The Mafia Information is for informational purposes only.
5.4 Informational Use Only
The Membership Subscription, Services, Website, and Mafia Information were developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the Membership Subscription, Services, Website, and Mafia Information. Company makes no representations, warranties, or guarantees. You understand that results may vary from person to person. Company assumes no responsibility for errors or omissions that may appear in the Membership Subscription, Services, Website, and Mafia Information.
5.5 Fitness Information Disclaimer
The Membership Subscription, Services, and Website may discuss topics related to health and fitness and may include information on exercise and workouts. The fitness information provided therein is for informational purposes only. Consult a physician or medical professional before beginning any fitness program. Any form of exercise poses inherent risk of injury, and by voluntarily engaging in any exercise or workout presented, you assume the risk of any potential injury that may result.
5.6 Medical Information Disclaimer
From time to time, the Website, Services, or Membership Subscription may discuss topics related to health, fitness, nutrition, or medicine. This information is not advice and should not be treated as medical advice. The medical information is provided “as is” without any representations or warranties, express or implied.
You must not rely on the information on the Website, in the Services, or in the Membership Subscription as an alternative to advice from your medical professional or healthcare provider. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment as a result of any information provided on the Website or in the Services and Membership Subscription. All medical information is for informational purposes only.
6. USE OF THE MEMBERSHIP, SERVICES, and WEBSITE 6.1 Ownership and Rights
Unless otherwise stated, Company owns the intellectual property and rights to all content and material on the Website and in the Services and Membership Subscription. Subject to the license below, all intellectual property rights are reserved.
6.2 Permitted Use
You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.
6.3 Prohibited Uses
The following uses are not permitted:
6.4 Social Sharing
From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email, or other methods. Use of these plugins or widgets does not constitute any waiver of Company’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to Company.
6.5 Technical Restrictions
You must not:
6.6 Data Collection Restrictions
You must not conduct any systematic or automated data collection activities on or in relation to the Website, Services, or Membership Subscription without Company’s express written permission. This includes but is not limited to:
6.7 Spam and Unsolicited Use
You must not:
7. INTELLECTUAL PROPERTY
7.1 Ownership of Materials
All original materials provided by Company are owned by Company. Any original materials are provided for your individual use only. You are not authorized to use or transfer any of Company’s intellectual property. All intellectual property remains the property of Company. No license to sell, distribute, reproduce, prepare a derivative work, display, or perform is granted or implied. Company will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
7.2 Company IP
Certain names, logos, and other materials displayed on the Website or during the Services and Membership Subscription constitute Company’s intellectual property, including but not limited to:
You are not authorized to use any Company IP without Company’s express consent. Ownership of Company IP remains with Company, and you agree not to make any claims or assertions of any other party’s ownership of Company IP.
7.3 Trademarks
“The Movement Maestro” and The Movement Maestro logo are federally registered trademarks of Company. “The Maestro Mafia” and “Maestro Musings” are unregistered trademarks protected under United States common law through their use in commerce. These marks may not be used:
7.4 Limited License for Personal Use
The materials you have access to through the Membership Subscription, Services, and your User Account were developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission.
7.5 Copyright Protection
Unless otherwise noted, the design, content, and all components of the Website or materials provided during the Services and Membership Subscription are copyrights owned by Company or third parties. They are protected by United States and international copyright laws and should not be reused or republished without express written permission.
7.6 Use of Third-Party Trademarks
From time to time, the Website may legally utilize trademarks owned by third parties related to Company’s services. These trademarks are the respective property of their owners.
8. GRANT OF RIGHTS
8.1 License to Use Contributed Content
You grant Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute any content you contribute to the Website or otherwise during the Membership Subscription or Services. This includes, but is not limited to:
This license extends to all known and future media. You also grant Company the right to:
8.2 Content Standards
Any content you contribute must not:
8.3 Company’s Editorial Rights
Company reserves the right to edit or remove:
Company takes no responsibility and assumes no liability for any content posted by you or any third party.
8.4 No Obligation to Monitor
Notwithstanding Company’s rights under the Terms of Use, Company does not undertake to monitor the submission or publication of all content on the Website or during the Services or Membership Subscription.
8.5 Comment Policy
Use of the Website, Services, or Membership Subscription may allow you to leave comments or engage with other Members. The following types of comments will not be tolerated and will be deleted:
Company has sole discretion to determine whether a comment violates this policy. Comments in violation will be deleted without further explanation.
9. LIKENESS AND BIOGRAPHICAL RELEASE
9.1 Grant of Rights
You may be recorded during the Services, and your likeness may be captured in other mediums during the Services or Membership Subscription. You grant Company the right to use your:
You also grant Company the right to use your biographical information (“Biographical Information”), including but not limited to:
Such Likeness and Biographical Information may be used in the Services, Membership Subscription, or on the Website—edited or unedited—including:
9.2 Limitations on Use
You and Company agree that your Likeness and Biographical Information will be used only in connection with the above-described uses and for no other purposes without your prior written consent.
9.3 Representations and Warranties
You represent and warrant that:
9.4 Release and Indemnification
You hereby:
9.5 Limitations on Remedies
You acknowledge that in the event of any breach by Company or a third party, damages (if any) will not be irreparable or sufficient to entitle you to injunctive or other equitable relief. Your sole remedy will be an action at law for damages, and you will not have the right to:
10. COMMUNICATION
10.1 Consent to Electronic Communication
You consent to receive communications from Company electronically. This includes but is not limited to:
10.2 Legal Notice Satisfaction
You agree that all legal notices provided electronically by Company satisfy any requirement that such notices be in writing.
11. THIRD PARTIES
11.1 External Links and Resources
The Website, Services, and Membership Subscription may contain links to third-party resources or websites not governed or controlled by Company.
You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party websites.
11.2 Disclaimer of Control and Liability
Company assumes no control over and no liability for the content of any third-party sites.
You expressly hold Company harmless from any and all liability related to your use of a third-party website.
11.3 Commercial Transactions
Before engaging in any commercial transactions with any third parties discovered through or linked on the Website or in the Services or Membership Subscription (including other Members), you agree to:
If a dispute arises from any such transaction, you expressly hold Company harmless from any and all liability.
12. DISCLAIMERS, EXCLUSIONS, LIMITATIONS, AND INDEMNITY
12.1 Disclaimer of Warranties
Company provides the Website, Services, and Membership Subscription on an “as is” and “as available” basis. Company does not represent or warrant that:
Company makes no warranties other than those made expressly in these Terms of Use and hereby disclaims all implied warranties, including:
Company also makes no representation or warranty with respect to:
12.2 Exclusion of Damages
Company will not be liable to you or any third party for any:
This applies regardless of the cause of action and even if Company was advised of the possibility of such damages.
12.3 Limitation of Liability
In no event will Company’s aggregate liability arising from, relating to, or in connection with these Terms of Use or the Services exceed the greater of:
12.4 State Law Rights
Certain states do not allow:
As such, some or all of the disclaimers, exclusions, or limitations above may not apply to you. Unless limited or modified by applicable law, the foregoing disclaimers, exclusions, and limitations apply.
12.5 Indemnification
You agree to indemnify, defend, and hold harmless Company and its:
from any damage, loss, cost, or expense (including attorney’s fees and costs) incurred due to any third-party claim (“Claim”) that:
If required to indemnify under this section, Company may (at its sole discretion) control the disposition of the Claim at your cost. You may not settle or compromise any Claim without Company’s consent.
13. EQUITABLE RELIEF
13.1 Injunctive Relief
You acknowledge and agree that in the event of certain breaches of these Terms of Use, Company may suffer irreparable harm for which:
13.2 Right to Seek Equitable Remedy
Accordingly, you agree that Company will be entitled to seek injunctive relief and other equitable remedies, without the requirement to:
Such relief may be granted by any court of competent jurisdiction to prevent or remedy violations of these Terms of Use.
14. ARBITRATION
14.1 Binding Arbitration Agreement
Any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, shall be:
14.2 Venue and Jurisdiction
The place of arbitration shall be:
14.3 Emergency Relief
The parties agree that the:
14.4 Individual Claims Only
All claims and disputes must be:
15. GOVERNING LAW
15.1 Applicable Law
Any disputes arising out of or relating to these Terms of Use shall be:
16. FORCE MAJEURE
16.1 No Liability for Certain Delays
Company shall not be held liable for any delay or failure in performance of its obligations under these Terms of Use if such delay or failure is due to:
(a) Events Outside Company’s Control, Including but Not Limited to:
(b) Events Within Your or a Third Party’s Control, Including:
17. MISCELLANEOUS PROVISIONS
17.1 Severability
If any provision of these Terms of Use is found to be:
If any provision is deemed excessively broad, it shall be:
17.2 Assignment
17.3 Entire Agreement
These Terms of Use constitute the:
17.4 Governing Law (Reaffirmed)
The Terms of Use, and their governance, enforcement, and interpretation, shall be:
17.5 Transfer of Rights
17.6 Successors and Assigns
These Terms of Use are binding upon and will inure to the benefit of:
17.7 No Third-Party Beneficiaries
These Terms of Use do not create any third-party beneficiary rights.
17.8 Mutual Construction
These Terms of Use shall be interpreted as if:
17.9 No Waiver
17.10 Independent Contractors
17.11 Continued Validity
If any provision is found unenforceable, all other provisions will: