MOVR Terms of Use

Date of last revision: December 1, 2016

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS PLATFORM.

By accessing or using this mobile application or other MOVR product or service (collectively the “Platform”) on any computer, mobile phone, tablet, console or other device (collectively, “Device”), you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law, whether or not you are a registered member of MOVR. MOVR may change these Terms of Use at any time without notice, effective upon its posting to the Platform. Your continued use of the Platform shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this Platform.

PHYSICAL ACTIVITY NOTICE

The Platform may include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. MOVR is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the Platform.

Description of potential risks

The activities promoted on the Platform may be new to you, and will challenge and possibly exceed your level of ability.  The reaction of the heart, lung, blood vessels as well as other systems to exercise cannot always be predicted with accuracy, and there is a risk of certain abnormalities occurring during the activities promoted on the Platform. There exists the remote possibility of adverse changes occurring during these activities including, but not limited to, abnormal blood pressure, fainting, dizziness, disorders of heart rhythm, and very rare instances of heart attack, stroke, or even death. The activities promoted on the Platform may lead to injuries including, but not limited to, injuries to the muscles, ligaments, tendons, and joints of the body if adequate warm-up, gradual progression, and safety procedures are not consistently followed.

INTELLECTUAL PROPERTY

All intellectual property on the Platform is owned by MOVR or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the MOVR name and design) are owned, registered and/or licensed by MOVR. All content on the Platform, including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) is a collective work under the Canadian, United States and other copyright laws and is the proprietary property of MOVR; All rights reserved.

PLATFORM USE RESTRICTIONS

You may use the Content only for your own non-commercial use to participate in the Platform. You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any intellectual property or Content appearing on the Platform without MOVR’s prior written consent. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

PRODUCT ORDERS

All orders placed through the Platform are subject to MOVR’s acceptance. This means that MOVR may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, MOVR will issue you a refund.

SAFEGUARD YOUR USERNAME/PASSWORD

You are responsible for any actions that take place while using your MOVR account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Platform. MOVR is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.

DO NOT VIOLATE ANY LAWS

Do not take any action or use the Platform in a way that violates any law, would create liability or promotes illegal activities. Do not take any action on the Platform designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any computer software or hardware, telecommunications equipment or the Platform. Do not circumvent or modify any Platform security technology or software.

ELIGIBILITY AND REGISTRATION

To become a member of the MOVR Platform, you may be required to register for an account. You agree to provide accurate and current information about yourself in all registration forms on the Platform. This Platform is intended solely for users who are sixteen (16) years of age or older and it is a violation of these Terms of Use for anyone under 16 to register for the Platform. You represent and warrant that you are 16 or older. Your account may be deleted without warning if you misrepresent your age, whether older or younger.

LINKS

The Platform may contain links to websites, applications or other products or services operated by other companies (“Third Party Platforms”). MOVR does not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. MOVR is not responsible for the content or policies of Third Party Platforms and you access such Third Party Platforms at your own risk.

MOBILE SERVICES

The Platform contains services and features that are available to certain mobile Devices. Your carrier’s normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using MOVR’s mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don’t send your messages to a different person.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless MOVR Fitness Inc., its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party.

PRIVACY

Our Privacy Policy , which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Platform.

USER INTERACTION DISCLAIMER

You are solely responsible for your interactions with other people, whether online or in person. MOVR is not responsible or liable for any loss or damage resulting from any interaction with other Platform users, persons you meet through the Platform, or persons who find you because of information posted on, by or through the Platform. You agree to take reasonable precautions in all interactions with other users on the Platform, and conduct any necessary investigation before meeting another person. MOVR is under no obligation to become involved with any user dispute, but may do so at its own discretion.

WARRANTY DISCLAIMER

MOVR is not responsible or liable for any Content posted on the Platform or for any offensive, unlawful or objectionable content you may encounter on or through the Platform. The Platform, Content, and the materials and products on this Platform are provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, MOVR disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. MOVR cannot guarantee and does not promise any specific results from use of the Platform. MOVR does not represent or warrant that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that this Platform or the server that makes the Platform available are free of viruses or anything else harmful. To the fullest extent permitted by law, MOVR does not make any warranties or representations regarding the use of the materials or Content in the Platform in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Platform, loss of data or other harm of any kind that may result. MOVR reserves the right to change any and all Content and other items used or contained in the Platform at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

LIMITATION OF LIABILITY

MOVR shall not be liable for any direct, special, incidental, indirect or consequential damages, including for any lost profits or lost data, that result from the use of, or the inability to use, this Platform or the performance of the products purchased through the Platform or the conduct of other Platform users (whether online or offline) or attendance at a MOVR event, even if MOVR has been advised of the possibility of such damages. You assume total responsibility for your use of the Platform. Your only remedy against MOVR for use of the Platform or any Content is to stop using the Platform. That said, if MOVR is found to be liable to you for any damage or loss which is in any way connected with your use of this Platform or any Content, MOVR’S liability shall not exceed CDN$100.00.

MISCELLANEOUS

You agree that this Platform shall be deemed a passive website solely based in British Columbia, Canada, which does not give rise to personal jurisdiction over MOVR in jurisdictions other than British Columbia, Canada. You agree that this Platform, Terms of Use, Privacy Policy and any dispute between you and MOVR shall be governed in all respects by British Columbia law, and the federal laws of Canada applicable therein without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods.  Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Platform (including but not limited to the purchase of MOVR products) shall be resolved individually, without resort to any form of class action, and exclusively in the provincial or federal courts located in Vancouver, British Columbia. You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the provincial or federal courts located in Vancouver, British Columbia. Any cause of action or claim you may have with respect to the Platform (including but not limited to the purchase of MOVR products) must be commenced within one (1) year after the claim or cause of action arises. By using the Platform, you agree to receive certain electronic communications from MOVR. You agree that any notice, agreement, disclosure or other communication that MOVR sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. MOVR’s failure to insist upon or enforce strict performance of any of these Terms of Use shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Use. MOVR may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

SEVERABILITY

If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.

TERMINATION

MOVR reserves the right in its sole discretion to terminate your account, delete your profile and restrict your use of all or any part of the Platform for any or no reason, without notice, and without liability to you or anyone else. MOVR also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the Platform. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.