Terms of Use

These Terms of Use apply to your use of movementmetamorphosis.com (the “Website”).

All references to “us” and similar words such as “we” and “our” (even if not capitalized) mean Movement Metamorphosis, LLC. All references to “you” and similar words such as “your” (even if not capitalized) mean the individual using the Website, and if you are using the Website on behalf of a business entity, it means both you and that business.

By using the Website, you are agreeing to these terms and the other policies referenced in these terms. If you are using the Website on behalf of a business entity, then you represent that you are authorized to use the Website on behalf of that business and you are agreeing to these terms and the other policies referenced in these terms on behalf of both you and that business.

If you do not agree to these terms, then you may not use the Website.

Use of the Website

License to Use the Website

Subject to your compliance with these terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use the Website solely for your own use.

Not for Children

The Website is not designed for children. You may not use the Website if you are under 13 years old.

Prohibited Uses

You shall not directly or indirectly: (a) use the Website for any illegal purpose or in a way that would violate another contract, (b) resell or otherwise make the Website available to third parties without our express permission, (c) use the Website in any way that may harm the Website, including using bots, scrapers, harvesters, or other automated systems, (d) take any action which constitutes reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code, object code, or underlying structure or algorithms, of the Website, or (e) attempt to use the Website without our express permission after we have terminated your right to use the Website.

Modifications

We may add to, modify, suspend, or discontinue, all or parts of the Website at any time, for any reason, with or without notice to you. We will not be liable to you for any such change.

No Support

We will not have any obligation to provide any customer support with respect to your use of the Website.

Privacy Policy

Our Privacy Policy is available at movementmetamorphosis.com/privacy-policy. That Privacy Policy applies to your use of the Website. By using the Website, you consent to our collection and use of your information, as described in our Privacy Policy.

No Medical Advice

The content on this Website is general in nature and does not constitute medical or health advice or any other form of licensed advice. Nothing on this Website should be relied upon or used to make medical or health decisions without first consulting with licensed medical professionals to consider your unique circumstances.

User Accounts

We may allow you to create an account (or we may create one for you) to use the Website. If you create (or accept) an account, then we may request information about you as described in the account setup process and in these terms and the other policies referenced in these terms. Subject to the other provisions in these terms, both you and we may terminate your account any time. You must keep your account credentials private and may not allow other people to use your account. You are responsible for everything that happens through your account.

Intellectual Property

The Website (including all design, software, code, and other content on the Website) is either owned by us, licensed to us, or likely owned by another individual or business, and may be protected by copyright, trademark, patent, trade secret, or other intellectual property laws. As between you and us, we own all the foregoing. Your use of the Website does not grant any rights to you other than the right to use the Website for their intended purpose as outlined in these terms. 

Exclusions, Disclaimers, & Limitations of Liability

All references to “us” and similar words such as “we” and “our” (even if not capitalized) in this section mean us and our affiliates, and the respective owners, directors, officers, managers, employees, contractors, and other representatives, of us and our affiliates. 

The Website is offered on an “AS IS” and “AS AVAILABLE” basis without any representations or warranties of any kind. Without limitation, we do not represent or warrant that (a) the information on the Website is free from error, (b) the functionality of the Website will be uninterrupted, secure, or free of errors, (c) defects in the Website will be corrected, or (d) that the Website or the equipment the Website use are free of viruses. To the fullest extent permitted by law, we disclaim all representations and warranties (express, implied, and statutory), including the implied warranties of merchantability, title, fitness for a particular purpose, accuracy of data, and non-infringement, and all liability for identity theft and other misuse of your identity or content. We do not warrant, endorse, guarantee, or assume responsibility for, any product or service advertised or offered by a third party on the Website, or for any other websites or applications which are linked to or referenced in the Website. If you use or purchase any such products or services, or if you click on any such links, you do so at your sole risk. We will not be liable to you or any third party for any indirect, special, incidental, consequential, cover, or punitive damages (including lost profits or revenues, loss of data, loss of use, or costs of obtaining substitute goods or services), arising out of or in connection to the Website or your use of the Website. 

All limitations of liability in these terms will apply regardless of whether you or the third party bases your/its claim on contract, tort, strict liability, or any other legal theory, and whether we knew or should have known about the possibility of such damages. All limitations of liability in these terms will apply to the fullest extent permitted by law. Any cause of action or claim which you may have which arises out of or in connection to the Website or your use of the Website must be brought (if at all) within one year after the cause of action or claim accrued. Otherwise, such cause of action or claim will be permanently barred. All the foregoing limitations will apply even if a remedy fails of its essential purpose and to the fullest extent permitted by law.

Please also read the section above under the title “No Medical Advice.”

Some jurisdictions do not allow certain exclusions, disclaimers, and limitations of liability. To the extent such jurisdictions’ laws are applicable to your use of the Website, such exclusions, disclaimers, and limitations of liability, will be limited to the extent required by the applicable law.

Termination

You may terminate your account or your use of the Website at any time. We may temporarily or permanently terminate your licensee to use the Website at any time, for any reason, in our sole discretion, with or without notice to you.

If your license to use the Website is terminated (by either party), the following provisions of these terms will continue to apply to you and will survive such termination: (a) all provisions restricting your right to use the Website and all provisions limiting our obligations to you, (b) all provisions related to our intellectual property rights, (c) all provisions related to your indemnification obligations and all provisions related to governing law, jurisdiction, and waiver of jury trials, (d) all provisions related to exclusions, disclaimers, and limitations of liability (except as limited by applicable law), (e) all provisions related to termination of your license to use the Website, and (f) all miscellaneous provisions.

Indemnification

You shall indemnify us and our affiliates, and the respective owners, directors, officers, managers, employees, contractors, and other representatives, of us and our affiliates (the “Protected Parties”) against all reasonable expenses including attorneys’ fees, costs, and damages of every kind (the “Losses”) arising out of any suit, claim, investigation, or proceeding, which is threatened or brought against a Protected Party, related to your (a) use of the Website, (b) breach of these terms or any other policies referenced in these terms, (c) submission of content to us that violates third party rights or applicable laws, or (d) violation of applicable law. We may, at your expense, assume the exclusive control and defense of any such matter. You shall cooperate, at your expense, with our control and defense of any such matter. You shall not settle any such matter without our prior written consent.

Legal Provisions

Governing Law & Jurisdiction

Our provision of the Website, your use of the Website, and these terms and all policies referenced in these terms, will be governed by and construed in accordance with the laws of Washington excluding its conflict of law principles. With respect to any dispute arising out of or related to any of the foregoing, both you and we consent to jurisdiction in, and the exclusive venue of, the state courts in Thurston County, Washington, or when applicable in the U.S. District Court having jurisdiction over that county.

Waiver of Jury Trial

You and we each waive trial by jury in all actions, proceedings, or counterclaims brought by either party against the other on any matter arising out of or in any way connected to the Website, your use of the Website, and these terms and all policies referenced in these terms.

Power to Amend these Terms

We may amend these terms any time, for any reason, with or without notice to you. Your continued use of the Website after the amended terms are posted on the Website will constitute your acknowledgment and agreement to the amended terms. 

Contact

Unless otherwise required by these terms or applicable law, you may contact us at andrea@movementmetamorphosis.com.