Last updated: October 13, 2021
Welcome to The Movement!
Use of Website and the Service
Limitations of Use and Compliance with Laws
You agree to use the Website and the Service only as permitted by the Agreement and applicable laws or regulations. The Website is intended for natural persons at least the age of eighteen years old. Any use or access of the Website by natural persons under such age is unauthorized. By using the Website, you represent and warrant that you are at least the age of eighteen years old. The Service is intended for natural persons at least the age of eighteen years old or at least thirteen years old with the express consent of their legal guardian or parent.
Changes to the Service
We are always trying to improve your experience on the Website and with the Service. We may need to add or change features, services, products, or functionality to you and may do so without notice to you.
Offers and Promotional Materials
We may offer discounts or promotional offers to you. Unless otherwise required by law or specifically authorized in writing by us, any such discounts or promotional offers are non-transferable. You may not reproduce such discounts or promotional offers unless specifically authorized in writing by us.
Accessing Information on the Website and Registration
DISCLAIMERS AND LIMITATION OF WARRANTY AND LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE MOVEMENT ENTITIES TO YOU. “THE MOVEMENT ENTITIES” MEANS THE MOVEMENT, ITS PARENT, AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:
WE ARE PROVIDING YOU THE SERVICE, ALONG WITH OUR WEBSITE AND THE INFORMATION ON THE WEBSITE, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE MOVEMENT ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS (INCLUDING BUT NOT LIMITED TO TECHNICAL ERRORS OR TYPOGRAPHICAL MISTAKES), UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USEAGE OR ANY WARRANTY THAT THE WEBSITE OR THE INFORMATION ON THE WEBSITE ARE ADEQUATE OR FREE OF VIRUSES OR OTHER SUCH HARMFUL COMPONENTS. THE MOVEMENT ENTITIES ARE NOT RESPONSIBLE FOR UPDATING OR AMENDING THE WEBSITE OR THE INFORMATION ON THE WEBSITE OR TO PROVIDE SUPPORT FOR YOUR USE OF THE WEBSITE OR THE INFORMATION ON THE WEBSITE. NO INFORMATION OBTAINED BY YOU FROM THE MOVEMENT ENTITIES SHALL CREATE ANY WARRANTY, GUARANTEE, OR CONDITIONS OF ANY KIND UNLESS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
THE MOVEMENT ENTITIES MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY FOR: (i) CONTENT POSTED BY ANY THIRD PARTY, (ii) ANY THIRD-PARTY WEBSITE, THIRD-PARTY PRODUCT, OR THIRD-PARTY SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SERVICE OR THE WEBSITE, INCLUDING AN INTEGRATED SERVICE PROVIDER (iii) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICE OR THE WEBSITE. THE MOVEMENT ENTITIES MAKE NO WARRANTY THAT (a) THE SERVICE OR THE WEBSITE WILL MEET YOUR REQUIREMENTS, (b) THE SERVICE OR THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS OR INFORMATION THAT YOU MAY OBTAIN FROM THE USE OF THE SERVICE OR THE WEBSITE WILL BE ACCURATE OR RELIABLE, OR (d) CONCERN THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE OR THE WEBSITE.
YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, THE MOVEMENT ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE MOVEMENT ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF THE MOVEMENT ENTITIES HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORSEEABLE) ARISING OUT OF IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR THE SERVICE.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR THE SERVICE IS TO STOP USING THE WEBSITE AND/OR THE SERVICE.
WITHOUT LIMITING THE FOREGOING, THE MOVEMENT ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE, THE WEBSITE, OR THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID, IF ANY, TO THE MOVEMENT IN CONNECTION WITH THE SERVICE OR USE OF THE WEBSITE IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
You agree to release, indemnify, hold harmless, and defend The Movement Entities from and against all losses (including but not limited to third-party claims), expenses, damages, and costs, including reasonable attorneys’ fees, arising out of or related to your use of the Service, Website, or information on the Website, your failure (or any other person’s failure using your account) to meet any obligation concerning your account or your breach of any part of this Agreement. We will promptly notify you of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and shall not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter but shall provide us with reasonable cooperation.
All content and materials made available by The Movement, including, but not limited to, the Website, logos, widgets, text, images, design, software, documentation, source code, algorithms, graphics, website name, photographs, video and audio files, other files, data, and the selection, arrangement, structure, coordination, and “look and feel” thereof (excluding third party web services or third-party content linked to or posted within the Service) are the property of The Movement and/or its licensors. The Movement name, mark, and logo are trademarks and service marks of The Movement. We retain all right, title, and interest in and to such property, name, mark, and logo. Except as expressly provided in these terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, in appropriately use or otherwise exploit same without our express written permission.
This Agreement supersedes all prior terms, agreements, discussions, and writings regarding the Service and the Website and constitutes the entire agreement between you and us regarding the Service and the Website, except as provided for in this Agreement and any waiver(s) agreed to at the time of registration for any class. If any part, term, or provision of this Agreement is found to be unenforceable, illegal, or otherwise invalid, then that provision will not affect the enforceability of the remaining provisions of the agreement, which will remain in full force and effect.
Termination of Use
We may limit, suspend, or terminate your use or access to the Service or the Website at any time for any reason, without any notice. With such limitation, suspension, or termination, we may remove or delete any information that you have provided to us, including your account or login credentials.
You consent to receive communications from us by email in accordance with this Agreement and applicable law. You acknowledge and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.
In construing or interpreting the terms of this Agreement no presumption is to operate in either party’s favor because of its counsel’s role in drafting this Agreement.
All notices permitted or required under this Agreement, unless specified otherwise in this Agreement, must be sent in writing as follows in order to be valid: (i) if to you, by us via email to the address associated with your account, and (ii) if to us by you via firstname.lastname@example.org. Notices will be deemed given (a) if to you, when emailed, and (b) if to us, on receipt by us.
This Agreement does not confer any third-party beneficiary rights and does not create a joint venture, agency, partnership, or other form of joint enterprise between you and us. Except as expressly provided herein, neither party has the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other.
No wavier of any terms will deemed a further or continuing waiver or such term or any other term. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.
Headings and Sections References
Headings and sections in this Agreement are for reference purposes only and shall not have any substantive effect, including, but not limited to, effecting the meaning or interpretation of the Agreement.
Governing Law and Dispute Resolution
This Agreement shall be construed and governed in accordance with the laws of the State of Florida, without respect to its conflict of laws principles. Any action, claim, grievance, dispute, or controversy arising out of or in relation to this Agreement or the Website shall first be submitted for mediation and if not settled within 60 days of serving a written demand for mediation, it shall be resolved by binding arbitration administered by the American Arbitration Association according to its Commercial Arbitration Rules. The number of arbitrators shall be one. The place of arbitration shall be Miami, Florida. Notwithstanding the above, an action may be brought in a court of competent jurisdiction in Florida to enforce an arbitration award and you hereby agree to personal jurisdiction by such courts and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. By agreeing to these terms, you are waiving the right to participate in a class action. Further, unless the parties mutually agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
If this section is found to be illegal or unenforceable by a court of competent jurisdiction, then the parties agree that any dispute will be resolved exclusively in a state or federal court located in Florida, and that the parties both submit to the personal jurisdiction of such courts. If a claim proceeds in court rather than through arbitration, the parties waive any right to a jury trial.
If you have questions regarding this Agreement or the Website, please contact us at email@example.com.