MUSCLE AND MOTION – TERMS OF USE
These Terms of Use set forth the terms and conditions for Your access to and use of the Muscle and Motion (“M&M”) applications, videos, articles, training programs and Website and any content contained therein (“the Services”).
By using the Services, you confirm you have read and accepted the Terms of Use, including the disclaimers below:
GENERAL TERMS
1. M&M reserves the right, in its sole discretion, to change, add, or remove portions of this Agreement at any time. If it does so, such changes will be posted on the Website and/or sent to you via e-mail. Any changes to this Agreement will be effective immediately upon posting to the Website. Your use of the Services after such any such change is posted will be deemed to be your acceptance of the change.
2. You agree to be bound by the following rules which are important for the proper operation of the Services. Your failure to follow such rules, whether listed below or in subsequent modifications to this Agreement, may result in termination of your access to and right to use the Services.
3. You are encouraged to periodically visit this page to review the most current Terms of Use and Privacy Policy by which you are bound by using any of the Services. If you do not agree to these Terms of Use, please do not use any of the Services.
4. Your privacy is important to us. Do not tell others your password or let anyone except yourself use your subscription unless you join our Institutional license, where you get one username for all students/users. While subscribing to any of our Services, you will be required to provide your e-mail address and other personal information, which will be handled in accordance with ours. We reserve the right to send you occasional professional content/updates/news about our Services. You can remove yourself from our mailing list anytime by sending a removal request to info@muscleandmotion.com.
5. When subscribing to our Services, we collect certain information about you, including personally identifiable information, as well as information about your use of the Service. The information will be treated in accordance with our Privacy Policy. By using the Services, you confirm you have read and accepted the terms and conditions of our Privacy Policy, as well as the terms and conditions of this Agreement.
YOUR USE OF THE SERVICES
6. As a condition of your use of the Services, you agree to the foregoing, and you represent and warrant that:
6.1 You have reached the age of 18;
6.2 You are able to create a binding legal obligation and that you have a bank account and/or payment method under your name;
6.3 You are not barred from receiving products or services under applicable law;
6.4 You have the right to provide any and all information you submit to M&M, and all such information is accurate, true, current, and complete, including, but not limited to your name, date of birth, payment information, ID, and email address;
6.5 You will update and correct the information you have submitted to M&M and ensure that it is accurate at all times (out-of-date or false information will invalidate your account);
7. You represent and warrant that are no restrictions, limitations, contractual or statutory obligations or restrictions or any other factor whatsoever which prevents or restricts from using the Services and/or providing us with information for the purpose of the Services.
DISCLAIMERS
8. The Service is usually available 24 hours, 7 days a week. However, we retain the right to make the Service unavailable from time to time for any reason. You agree that Company shall not be liable for any damages arising from any interruption, suspension, or unavailability of the Service, regardless of the cause.
9. In order to use certain features of the Service, you may be required to download and/or install certain plug-ins or other software applications. We do not endorse any of these plug-ins or other software applications, we make no representation regarding the quality thereof and we expressly disclaim any responsibility or liability for any plug-ins or other software applications, whether or not linked or accessed through the Service.
10. We make no representations or warranties as to the Service or any information provided in or through the Service and we specifically disclaim warranties of non-infringement or fitness for a particular purpose. The Service and the information provided in or through the Service are provided AS IS and AS AVAILABLE without warranty of any kind, either express or implied. We reserve the right to add, delete, change, improve, update or otherwise modify the information in or through the Service without notice. We assume no liability or responsibility for any errors or omissions in the content of the Service. The material accessed in or through the Service does not, and is not meant to, constitute medical advice and should not be relied upon for health care or any other purpose.
11. M&M takes any reasonable effort to maintain the availability and quality of the Services in accordance with these Terms of Use, but M&M does not guarantee the quality and availability of the Services. You agree and acknowledge that your reliance on the Services is your responsibility.
12. M&M, as well as any other authors, reviewers, editors, and publishers that have contributed to the Services, have made extensive efforts to ensure that the information in the Services is accurate and conforms to practical standards. However, constant changes in information resulting from continuing research and clinical experience, reasonable differences in opinion among authorities, unique aspects of individual situations, and the possibilities of human error in preparing such an extensive publication require the user exercise individual judgment when making a clinical decision and, if necessary, consult and compare information from other sources.
13. The Services contain health and fitness information and features designed for educational or instructional purposes only. You should not rely on any information presented in the Services as a substitute for professional medical advice, or treatment
14. The Services also include a variety of training programs for self-use, as well as a training program builder feature, which allows you to build your own training programs. The use of the training programs and training program builder shall be solely at your own risk. M&M shall not be responsible to any injury or damage caused to you or anyone else while using the training programs and training program builder. The training programs in the Services are general and are not intended as a personal prescription and do not substitute the advice of a personal qualified trainer. You should consult your physician or other health care professional before starting any fitness program or modifying your diet. Anyone experiencing pain as a result of activity should seek the immediate advice of a qualified medical professional.
15. In an attempt to understand the factors underlying the creation of various physical and pathological posture defects, it is important to remember that human posture is the product of a whole conglomeration of factors. Comprehensive and reliable diagnosis of all movement and posture characteristics is a complex process that facilitates the identification of the sources of problems and their nature and therefore, the diagnosis should only be performed by a person with broad professional training who specializes in diagnosing and treating posture. Diagnosis or treatment without suitable professional training may lead to incorrect conclusions in the diagnosis and in the treatment processes.
16. Physical activity and exercise have the potential to result in serious injury. The use of any information, features, or any kind of content provided in the Services is solely at your own risk. M&M, as well as any of its officers, directors, shareholders, employees, contributors, subsidiaries, affiliates, successors, or assigns, assume no responsibility for injuries or any other kind of damage suffered while using the Services.
17. IN NO EVENT WILL M&M, ITS OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, ECONOMIC, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF GOODWILL OR LOSS OF PROFITS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES, OR USE OF ANY LINKED WEBSITE, INCLUDING WITHOUT LIMITATION ANY LIABILITY ARISING FOR NEGLIGENCE OR ANY OTHER STATUTORY, CONTRACT AND/OR TORT LIABILITY, EVEN IF COMPANY HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TERM DAMAGES INCLUDES, WITHOUT LIMITATION, ATTORNEYS FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF OR HARM TO PROGRAMS OR DATA OR YOUR INFORMATION PROCESSING SYSTEM
SUBSCRIPTION AND PAYMENTS
18. In order to have access to the Services, you must first select the type of subscription. Unauthorized access to the Services is strictly prohibited. Unless your subscription is a Trial Subscription, we will charge you a standard periodic — annual/monthly, or 3-year fee for the right to access and use the Service, depending on the type of license and subscription you select.
19. Unless your subscription is a Trial Subscription, you will be required to pay by credit card when you sign up. Credit card transactions may be processed by an outside vendor, which will retain your information in order to process your payment of fees for renewals. All payments should be made in accordance to the terms of such outside vendor, and M&M shall have no responsibility regarding any issue that may arise from your use of such outside vendor service. M&M does not have access to your credit card or any other payment method information you provide when subscribing to our services.
20. Unless your subscription is a Trial Subscription, your subscription will be automatically renewed for a similar subscription period, and your credit card will be charged the then-current fee for such period unless you terminate your subscription prior to the renewal date. You can terminate your subscription at any time, but you will not be entitled to any refund of any fee paid for the current period. We reserve the right to change our fees at any time for any reason, but, whenever possible, we will give you at least one month’s advance notice of such change.
21. You may change your subscription at any time. We reserve the right to modify, suspend or discontinue any aspect of the Services, or to impose limits on certain content or features in the Services, or restrict your access to all or part of the Services at any time without notice or refund. IF YOU DO NOT AGREE TO THE PROVISIONS OF THIS AGREEMENT OR ARE NOT SATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR SUBSCRIPTION.
DATA DELETION
22. The General Data Protection Regulation (GDPR) requires a way for users and customers to request that their data could be deleted.
When you sign up for the free plan on our platform we ask you to enter your name, email and your desired password. This information is requested for the sole purpose of identify you on our platform as well for the login mechanism. Another alternative would be using Facebook\Google\Apple login. Such action will also result storing of same information.
We do not ask for any other personal information and we do not store any payment method information.
Payment is done through Apple\Google on mobile, or through 1 of our 3rd party billing providers on web (detailed below in the end of the clause). When payment information is requested, such as the name\email\CC number\CC expiration date\etc., the checkout page is not ours, but hosted by the 3rd party billing provider. That means, none of the data is stored by our platform, but by the billing provider platform for the purpose of subscription renewals.
In case you would like to delete your account and information associated with it, you can do that by logging in to your account on the app, navigate to “Profile” screen and then click on “Delete Account”. You would then be asked if you are sure you wish to delete your account and the information associated with it. Once you confirm, the account and the information associated with it, would be permanently deleted and you’d be logged out from the app.
Another option would be to reach us at info@muscleandmotion.com and ask us to delete your account and information associated with it. We will perform the deletion for you and will send a confirmation email stating your account and the information associated with it were permanently deleted.
Please note, in order to be sure that all your data stored in our system deleted upon your request, you have to validate you sent us all the different email addresses you might used with our platform.
Note: In case you made your subscription by checking our via our checkout pages (and not through the app stores for example), your billing information is stored on “Bluesnap” or “Fastspring”, our 3rd party billing providers. You can reach “Bluesnap” or “Fastspring” directly with the same request at support@bluesnap.com or orders@fastspring.com accordingly.
Click here to review the full Privacy Policy
INTELLECTUAL PROPERTY
23. All information, videos, features, data, text, images, drawings, graphics, source code, object code, databases, programs, ideas, concepts and other content provided in or through the Services is the property of M&M, or its licensors and are protected by copyright, trademark, patent, design and other intellectual property laws (“M&M IP”). You must not, in any way, modify, move, add to, delete or otherwise tamper with M&M IP, nor publish, reproduce, republish, create derivative works, copy, upload, post, transmit, distribute, or otherwise use any part of M&M IP other than explicitly specified in these Terms of Use and the subscription you have purchased, unless receiving M&M’s prior written consent.
24. You are prohibited from making any commercial use of any part of the Services and M&M IP, unless you have purchased a subscription that explicitly allows commercial use or obtaining written permission from M&M and only to the extent such commercial use is allowed under such subscription or written permission.
25. MUSCLE AND MOTION and associated logos and designs are trademarks of M&M (“M&M Trademarks”). You may not remove any of M&M Trademarks when using any of the Services without the prior written permission of M&M. You may not use M&M Trademarks in a manner that suggests you are an agent, employee, affiliate or otherwise associated with M&M.
SERVICE USAGE RESTRICTIONS
26. When using the Services, you may not:
-Use any part of the Services for personal or financial gain without our written permission, with the exception of specific Services for:
-Copy, reproduce, distribute, license, or sell the material on the Service (including screenshots) without our written permission.
-Framing, linking, republication, or redistribution is prohibited, reproduction, modification, or copy the material.
-Sell, rent or sub-license any of the Services or any part thereof;
-Remove any copyright/LOGOs or other proprietary notations from the materials; or “mirror” the materials on any other form.
-Share any content included in the Services on social media without M&M written permission.
-Present yourself as an agent, affiliate, employee of M&M, or otherwise associated with or acting on behalf of M&M.
-Use the Services to commit a crime, or to plan, encourage or help others commit a crime, including crimes relating to computers.
27. M&M reserves the right to terminate your use of the Service by disabling your access to the Service immediately without notice if M&M, in its sole discretion, determines that your use of the Services does not comply with this Agreement, or violates any local, state, national or international laws, or interferes with others use of the Service, or adversely affects operations of the Services, or if M&M or its providers are unable to process the payment of your subscription fee.
INDEMNIFICATION
28. You agree to defend, indemnify and hold M&M unaccountable, as well as its partners and affiliates, together with their respective employees, agents, directors, officers, and shareholders, against all liabilities, claims, damages, and or expenses, notwithstanding attorney fees and costs, arising from Your use of the Services.
OTHER PROVISIONS
29. No waiver by M&M of your breach or default under this Agreement shall be deemed to be a waiver of any subsequent breach or default.
30. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
31. This Agreement represents the entire understanding between you and M&M regarding the Services and supersedes any prior statements or representations.
Contact Information
With any question, contact us at info@muscleandmotion.com
Muscle and Motion Ltd
