Terms and Conditions
Welcome to Movement Matters!
These Terms and Conditions outline the rules and regulations for the use of the Movement Matters Co Website https://www.movementmattersco.com/, products, and services.
By accessing this website, our services, and/or purchasing something from us, you agree to accept and be bound by these Terms and Conditions, including any additional terms and conditions and policies referenced on this page and/or available by hyperlink. Movement Matters Co offers this website, including all information, tools and services available from this website to you, the user, conditioned upon your acceptance of all terms and conditions, policies and notices stated here. Do not continue to use the Movement Matters website or any of its services if you do not agree to all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions: "Client", “User”, "You" and "Your" refers to you, the person visiting this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
Any new features, services, or tools which are added to the current website will also be subject to these Terms and Conditions.
You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions at any time. It is your responsibility to check this page periodically for updates. Your continued use of or access to the Movement Matters website and services following the posting of any changes constitutes acceptance of those changes.
1. GENERAL TERMS
By agreeing to these Terms and Conditions, you agree that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this website and/or any of its services.
We reserve the right to refuse service or terminate use of this website to anyone for any reason at any time.
You agree that your use of our website and services is at your sole risk.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. Movement Matters will never ask for your credit card information over email.
We shall not be held responsible for any content that appears on our website and services. You agree to protect and defend us against all claims that arise in connection to your use of our website and/or services.
We do not ensure that the information on this website is accurate. We do not ensure that this website remains available or that the content on this website is up to date.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of this website or services without express written permission by us.
In order to use certain features of this website, you may need to create an account or log in using a third party log in such as Facebook or Google. If you use a third party log in, you are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur within your Account, including any transactions into which a person enters using your third party login.
3. ACCEPTABLE USE POLICY
In addition to other prohibitions set forth in these Terms and Conditions, you agree to the following:
(i) You agree not to retrieve data or other content from this website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
(ii) You agree not to make any unauthorized use of our content or products, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
(iii) You agree not to use this website to advertise or offer to sell goods and services.
(iv) You agree not to circumvent, disable, or otherwise interfere with security-related features of this website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of this website and/or the Content contained therein.
(v) You agree not to engage in unauthorized framing of or linking to this website.
(vi) You agree not to trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
(vii) You agree not to make improper use of our support services or submit false reports of abuse or misconduct.
(viii) You agree not to engage in any automated use of this website or our services, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
(ix) You agree not to interfere with, disrupt, or create an undue burden on this website or the networks or services connected to this website.
(x) You agree not to attempt to impersonate another user or person or use the username of another user.
(xi) You agree not to sell or otherwise transfer your account.
(xii) You agree not to use any information obtained from this website in order to harass, abuse, or harm another person or group.
(xiii) You agree not to use this website in a manner that is illegal, intimidating, threatening, harmful, invasive of another’s privacy, slanderous, incorrect, misleading, salacious, offensive, vulgar, or promotes discrimination, sexism, racism, antagonism, or harm of any kind against any person or group, or is otherwise deemed unacceptable.
(xiv) You agree not to use this website to demand, request, or influence others to participate in any unlawful acts.
(xv) You agree not to use this website to violate any state or provincial, federal, or international, laws, rules, policies, regulations, or local ordinances.
(xvi) You agree not to use our Content, website, or products as part of any effort to compete with us or otherwise use the Website and/or the Content for any revenue-generating endeavor or commercial enterprise.
(xvii) You agree not to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of this website.
(xviii) You agree not to attempt to bypass any measures of this website designed to prevent or restrict access to this website, or any portion of this website, or obtain unauthorized access to this website, other computer systems or networks connected to or used together with this website through password mining or other means.
(xix) You agree not to harass, annoy, intimidate, or threaten any of our employees or agents, or any other users of this website.
(xx) You agree not to send unauthorized promotions, spam, pyramid schemes, or any other form of unasked for messages, including making any offer for compensation via email, to any of our employees or agents, or any other users of this website or our services.
(xxii) You agree not to upload or transmit (or attempt to upload or to transmit) computer viruses, worms, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of our website, or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of our website, or is intended to damage or alter our website or data.
(xxiii) You agree not to upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
(xxiv) You agree not to add programs, software or automated agents or scripts to this website so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from this website.
(xxv) Except as may be the result of standard search engine or Internet browser usage, you agree not to use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses this website, or use or launch any unauthorized script or other software.
(xxvi) You agree not to disparage, tarnish, or otherwise harm, in our opinion, us and/or this website.
(xxvii) You agree not to use this website in a manner inconsistent with any applicable laws or regulations. You may not use our products for any illegal or unauthorized purpose nor may you violate any laws in your jurisdiction (including but not limited to copyright laws).
(xxviii) You agree not to use this website to violate our or any third-party rights, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
(xxix) You agree not to republish material from this website or Movement Matters Co, sell, rent or sub-license material from this website or Movement Matters Co, reproduce, duplicate or copy material from this website or Movement Matters Co, redistribute content from this website or Movement Matters Co.
(xxx) You agree not to use this website in a manner that is harmful to minors in any way.
(xxxi) You agree not to harvest, collect, gather or assemble information or data regarding our users, including email addresses.
(xxxii) You agree not to interfere with, disrupt, or create an undue burden on servers or networks connected to this website or violate the regulations, policies or procedures of such networks.
Unless otherwise stated, Movement Matters Co and/or its licensors own the intellectual property rights for all material on this website. All intellectual property rights are reserved. You may access this website for your own personal use subjected to restrictions set in these terms and conditions.
We reserve the right (but have no obligation) to review, edit or remove any Content, to investigate, and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person.
4. INDEMNITY / LIMITATION OF LIABILITY
You agree to indemnify, defend, and hold harmless Movement Matters Co (and its officers, employees, and agents) and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, including costs and attorneys’ fees, from any claim or demand you make or made by any third party due to or arising out of (a) your use of our website, products, or services, (b) your Content, (c) your violation of these Terms and Conditions, (d) your violation of applicable laws or regulations, or (e) your participation in any transaction. Movement Matters Co reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Movement Matters Co. Movement Matters Co will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Under no circumstance shall Movement Matters Co and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, be liable for any loss, damage, injury, claim, or any indirect, direct, minor, accidental, penal, financial or substantial damages of any kind arising from your use of our website, services and/or products.
We do not guarantee that your use of our website or services, or any third-party website or service to which we link, will be favorably timed, safe, uninterrupted, or free of mistakes.
These Terms and Conditions are effective unless and until terminated by either You or Us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our website or when you stop using our website.
If in our judgment you fail, or we suspect that you have failed, to comply with any of these Terms and Conditions, we may also terminate this agreement at any time without notice and you will remain liable up to and including the date of termination; and/or we may deny you access to our website, products, and/or services (or any part thereof).
7. PERSONAL INFORMATION
8. INACCURACIES AND EXCLUSIONS
Occasionally there may be information on our website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
No specified update or refresh date applied on this website should be taken to indicate that all information has been modified or updated.
9. MODIFICATIONS TO PRICES, SERVICES, AND WEBSITE
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue products, services, or our website (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any price change, updates, suspension or discontinuance of products, services, or this website.
10. BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases and account activity with Movement Matters Co.
You agree to update your account and other information, including your email address and credit card numbers and expiration dates.
We reserve the right to refuse any order you place with us at any time for any reason.
We may, at our own discretion, limit or cancel orders or specific item quantities purchased per person, per account, per household, or per order. This might apply to orders placed within the same account, using the same credit card or payment method, and/or orders that use the same shipping and/or billing information. If we make a change to or cancel an order, we may try to inform you by contacting you via the information provided at the time of the order. We reserve the right to cancel, change, or restrict orders that, in our judgment, appear to be placed by merchants, wholesalers, distributors, or resellers.
11. PRODUCTS AND/OR SERVICES
We reserve the right to restrict the sale or limit quantities of any of our services or products to any individual, or geographic region.
We reserve the right to change or discontinue any product or service at any time without notice.
We have done all that we can to correctly showcase our products and services on our website. We cannot guarantee that your computer’s or electronic device’s representation of any color will be entirely accurate.
We do not guarantee that the quality of any information, website content, products, or services will meet your expectations, or that any errors in our website, products, or services will be corrected.
12. ORDERS, SHIPPING, RETURNS, REFUNDS, CANCELLATIONS
Please refer to our Frequently Asked Questions for information about orders, shipping, returns, refunds, and cancellations.
13. THIRD PARTIES
Certain content, products and services on our website may include materials from third-parties. We may also link to third-party websites or provide you with access to third-party websites, services, or tools over which we do not monitor or control.
We are not responsible for any third-party material, content, products, services, tools or websites. We shall have no liability relating to your use of third-party services.
You are responsible for reading and agreeing (or disagreeing) with the Terms and Conditions or Privacy Policies of these third parties.
Complaints, claims, concerns, or questions regarding third-party material, content, products, services, tools or websites should be directed to the third-party.
In the event that any portion of these Terms and Conditions is determined to be unauthorized, null or not enforceable, such portion shall be enforced as allowed by law and the null portion shall be assumed to be severed from these Terms and Conditions, and such determination shall not affect the legitimacy and enforceability of any other remaining portions.
If you send submissions to Movement Matters Co, including but not limited to reviews, surveys, ideas, posted options, or other information, then you agree that we may or authorize others to use, reproduce, share, edit, translate, publicize, and otherwise use in any and all forms, formats, or media, any submission that you send to us. You agree that we are not required to respond to any submissions, maintain the privacy of any submissions, or compensate for any submissions.
Movement Matters Co may not review or edit user submissions prior to their existence on this website. These submissions do not reflect the views and/or opinions of Movement Matters Co, its employees, directors, agents and/or associates.
You agree that your submissions will not violate any third-party right, including but not limited to trademark, copyright, or other legal right. You agree that your submissions will not contain illegal, offensive, or vulgar material, or contain any computer virus or other malware that could affect the operation of our company, website, products or services, or any related website or third-party service to which we link. You agree that your submissions will not be used to solicit or promote business activities or unlawful activity. You agree not to deceive us or third-parties as to the origin of any submissions.
Movement Matters Co shall not be responsible or held liable for any user or third-party submissions, or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of user submissions on this website.
Movement Matters Co reserves the right to monitor and/or remove user submissions for any reason at any time.
16. HYPERLINKING TO OUR CONTENT
No organization may link to our website or content without prior approval from us, with the exception of Government Agencies.
If you are an organization that is interested in linking to our website, you must inform us by emailing Movement Matters Co at firstname.lastname@example.org. Please include your name, your organization name, contact information such as email address and phone number, the URL of your website, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our website to which you would like to link.
17. DISPUTE RESOLUTION
Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
a. Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the "Arbitration Agreement." You agree that any and all disputes or claims that have arisen or may arise between you and Movement Matters, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, provincial or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Movement Matters are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. If you reside in the United States, the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
b. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND MOVEMENT MATTERS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND MOVEMENT MATTERS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).
c. Pre-Arbitration Dispute Resolution
Movement Matters is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer's satisfaction by emailing customer support at email@example.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other a Notice of Dispute ("Notice"). The Notice to Movement Matters should be emailed to firstname.lastname@example.org. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Movement Matters and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Movement Matters may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Movement Matters or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Movement Matters is entitled.
d. Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA's consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Movement Matters and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for USD $10,000 or less, Movement Matters agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds USD $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
e. Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. Any payment of attorneys' fees will be governed by the AAA Rules.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Service will continue to apply.
h. Future Changes to Arbitration Agreement
Notwithstanding any provision in these Terms of Service to the contrary, Movement Matters agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Movement Matters written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
18. GOVERNING LAW
The Terms are governed by the laws of the State of California, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
19. CONTACT INFORMATION
If you have questions about these Terms and Conditions, please email us at email@example.com.