Conex Ventures, LLC doing business as Age {Less} Move More, and their members, officers, directors, trustees, shareholders, employees, independent contractors, instructors/teachers, licensees, licensors, subcontractors, representatives, consultants, advisors, attorneys and agents (current and past), suppliers, distributors, subsidiaries and affiliates, individually and collectively, and any related individuals or entities (collectively, “Age {Less} Move More,” also referred to herein as “we,” “us” and “our”) provides website features and other products and services to you when you: (a) visit www.agelessmovemore.com and other websites or software which currently exist or may exist or be created by us in the future, associated widgets, mobile applications and other distribution platforms operated by Age {Less} Move More (the “Site”); and (b) use Age {Less} Move More products, services or communication tools/services (collectively, “Services”).
Your viewing and use of our Site and Services (“Your Use”) are conditioned on, governed by and subject to these Terms of Use (“Terms”) including your compliance with our Privacy Policy. This Site may not be used in any way that is not expressly permitted by these Terms and our Privacy Policy. You should print a copy of these Terms for future reference. You consent to entering these terms electronically, and to storage of records related to these terms in electronic form.
IF YOU ACCESS THE SITE, YOU ARE AGREEING TO THESE TERMS, OUR PRIVACY POLICY AND/OR ANY OF THEIR PARTS. If you do not agree, please discontinue using our Site immediately. We are more than happy to answer any questions you have about our policies. Please contact us here if you have questions.
You and Age {Less} Move Move agree, with limited exceptions noted below, to resolve all disputes between you and us through BINDING ARBITRATION as further provided below. ARBITRATION MEANS THAT YOU AND AGE {LESS} MOVE MORE ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
1. This is a Legal Agreement.
These Terms are a legal agreement between you and Age {Less} Move More and contain important information regarding your legal rights, remedies and obligations. By Your Use of the Site, you: (a) acknowledge you have read, understand, and agree to be bound by these Terms; (b) agree to comply with all applicable laws, rules and regulations with respect to Your Use of the Site; and (c) represent you are an adult at least eighteen (18) years of age and have the legal capacity to enter into contracts in the jurisdiction where you reside.
2. No Children Are Permitted To Use Our Site.
This Site is not directed toward children under 13 years of age, nor do we knowingly collect information about children under 13. If you are under 13 years of age, you are not permitted to submit any personally identifiable information to us. If we find out you are under the age of 13 years of age, we will immediately upon notice cancel your account. If you wish to report an account created for a minor, please contact us at hello@agelessmovemore.com.
3. Please Obtain Your Physician’s Permission Before Beginning Any Exercise Program.
You understand that physical exercise can be strenuous and can expose you to the risk of serious injury. We urge you to obtain a physical examination from a doctor before participating in any exercise activity. You voluntarily accept and assume any and all risks, known or unknown, associated with Your Use of the Site and our Services including, without limitation, the risk of physical or mental or emotional injury, minor and/or severe bodily harm, death, and/or illness, which arise by any means, including, without limitation: acts, omissions, recommendations or advice given by us.
4. Your Privacy.
Our Privacy Policy also governs Your Use of our Site and constitutes a part of these Terms. You can find our Privacy Policy here.
5. Our Intellectual Property Rights.
Age {Less} Move More is the exclusive owner or licensee of all the content and materials on the Site (the “Content,” as defined in this paragraph), and of all related intellectual property rights therein, including, but not limited to, all copyrights, moral rights, trademark and patent rights (the “IP”), except as to those rights which have been granted by IP holders. Our Content includes, but is not limited to, all features, functions, services, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, logos, text, music, sound effects, audio and/or audio-visual elements, videos, domain names, downloadable materials, look-and-feel, design, layout, organization, presentation, user interface, navigation, stylistic convention and other distinctive brand features of the Site.
All trademarks, trade names, copyrights, logos and service-marks (collectively, the “Marks”) related to our IP are our exclusive property. Unauthorized use of any of the Marks or of any word, term, name or symbol that is likely to cause confusion or mistake with respect to the user's connection or association with us, or our approval or sponsorship of the user’s products or services, or that is likely to dilute any of our Marks is strictly prohibited by law. All third party IP that appears in or on the Site is the property of their respective owners.
You do not acquire any ownership interest in any IP or the Marks by Your Use of the Site, including any IP and/or Marks we have received authorization to use. You may not use, reproduce, copy, modify, edit, distribute, transmit, adapt, reformat, create works from, display, perform, publish, license, sell or otherwise exploit, through any means or media, any of our IP or Marks or any of the Site’s Content or Services.
6. Your Permission To Use Our Site.
On condition of your acceptance of these Terms, we grant you a non-exclusive, limited, non-transferrable, non-sub-licensable, freely revocable license to use the Site, its Content and Services for your personal, non-commercial use. We reserve all rights not expressly granted herein. We also reserve the right to terminate your license to use the Site at any time, for any or no reason and, at our discretion, to charge to access and view certain parts of our Site.
7. Submission of Your Own Materials, Ideas, and Suggestions.
We appreciate the enthusiasm, support and ideas of our users and encourage user created content on our Site.
For all materials, text, graphics, sound files or recordings, videos, new creative work, webisodes, or other information you post, upload or otherwise make publicly available on the Site (including feedback, ratings, comments, ideas and suggestions) (collectively “Submissions”), you hereby grant to Age {Less} Move More and our respective designees a worldwide, non-exclusive, sublicensable, transferrable, assignable, royalty-free, perpetual, irrevocable right to use, copy, reproduce, edit, transmit, translate, distribute, adapt, reformat, create derivative works from, publicly perform, publicly display and license, digitally perform, make, have made, sell, offer for sale or any other commercial purpose, your Submissions in any and all media and means of communication, now known or hereafter developed, and to use your name in connection therewith. We have no obligation of confidentiality, express or implied, with respect to your Submissions.
You retain ownership of the intellectual property contained in your Submissions. You represent and warrant, however, that you own all intellectual property rights, any necessary licenses, rights, consents, and permissions to the Submissions, that you are authorized to publish the Submissions, and that you are authorized to permit (and do permit) us to publish the Submissions and exploit all intellectual property rights in and to your Submissions. You also waive to the full extent permitted by law any and all claims against us related to moral rights in the Submissions.
No compensation or reimbursement of any kind will be paid with respect to our use of your Submissions. Moreover, in no circumstances will we be liable to you for the use of any of your Submissions.
You also agree we are not and cannot be responsible for maintaining any Submissions, we cannot control what other users do with your Submissions, and we may delete or destroy any Submissions at any time in our sole and absolute discretion. We do not routinely utilize the right to monitor Submissions and do so only in cases needed to enforce these Terms and our Privacy Policy.
If you post a Submission and want us to remove it from the Site, please contact us at contact@agelessmovemore.com. We will take reasonable efforts to remove the Submission upon receiving a sufficient request, but we cannot ensure complete or comprehensive removal of the entire Submission.
Information and content submitted by users for publication does not reflect the views of Age {Less} Move More. The fact that we permit Submissions on our Site does not warrant the validity, reliability, accuracy, timeliness, or legality of that Content.
IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED IN THIS SECTION, PLEASE DO NOT SHARE, SUBMIT OR POST ANY SUBMISSION ON OR THROUGH THE SITE.
8. Responsible Use of Our Site.
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. Further, you agree that Your Use of the Site is solely for private and personal purposes. You further warrant and represent that you will not engage in any of the following activities, some of which may also expose you to civil and/or criminal liability.
Submissions, Communications and Posts
You agree not to post any sweepstakes, contests, or lotteries, or any Submissions otherwise related to gambling;
You agree not to post any Submissions that falsely express or imply endorsement by us;
You agree not to post any Submissions of a commercial nature (including advertising, promotional materials, spam, junk mail, pyramid schemes, or any other form of unauthorized solicitation), including but not limited to: (i) offering to third parties a service of your own; (ii) reselling, or offering to rent or lease the Site; and/or (iii) offering the Site to the public via communication or integrate it within a service of your own, without our prior written consent;
You agree not to post Submissions that: (i) are unlawful, violent, inflammatory, intimidating, harmful, harassing, stalking, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, discriminatory, or otherwise infringes on our or any third party’s intellectual property or other rights, including privacy rights; (ii) are derogatory or harmful to our reputation; (iii) are harmful to children in any manner; (iv) discriminate against any individual; (v) personally identify any other person without obtaining such person’s express advance written consent to the disclosure of his or her personal information; and/or (vi) encourage criminal behavior or conduct that would constitute a criminal offense under any law, or could give rise to civil liability or other lawsuit;
You agree not to use an inappropriate username or screen name;
No False Information
You agree not to submit or use false or misleading information, impersonate any person or entity, or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Site or any person or entity otherwise affiliated with us;
You agree not to mislead, defraud or trick us or any user for any purpose, including to learn sensitive information about any user or his/her/its account(s), including usernames, passwords and/or other information, including personally identifiable information;
Unauthorized Access and Use of the Site
You agree not to exceed your authorized access to any portion of the Site;
You agree not to use the Site or and/or Services in any manner that could interrupt, restrict, inhibit, damage, disable, overburden or impair the Site or interfere with any other user’s use and enjoyment of the Site, including, but not limited to, sending chain letters, pyramid schemes, spam, mass unsolicited messages, or “flooding” servers;
You agree not attempt to (or encourage or support anyone else’s attempt to) hack, circumvent, reverse-engineer, decrypt, attack, copy, modify, adapt, disassemble, decompile, translate or alter the Site (or any database or server connected to the Site) or any portion thereof, or obtain or attempt to gain unauthorized access to our Site, our computer systems, source code or structure, sequence, or organization of our Site;
You agree not to interfere or attempt to interfere with the proper working of or activities conducted on the Site, or bypass any measures we may use to prevent or restrict access to the Site;
You agree not to use the Site to violate the security of any computer network or transfer or store illegal material;
You agree not transmit, disseminate, post or use any spam, malware, viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms, or other objectionable materials, or any other malicious or invasive code, files or program or upload or transmit (or attempt to do so) any material that acts as a passive or active information collection or transmission mechanism, including but not limited to, clear graphics interchange formats, pixels, web bugs, cookies and/or similar devices;
Other than as the result of standard search engine or Internet browser usage, you agree not to use or launch, develop or distribute any automated system, including, but not limited to, any spider, robot, bot, cheat utility, scraper or off-line reader that accesses our Site, or use or launch any unauthorized script or other software;
You agree not to remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices contained in or on the Site or any of its Content or any of our code embedded in or embeddable on our Site or on a third party website;
You agree not to use the Site in violation of the intellectual property (including but not limited to copyright and trademark), contractual, personal, or other proprietary or legal rights or our rights or those of any third party;
You agree not to obscure or cover any notice, banner, advertisement or other branding on our website;
Rights of Others
You agree not to engage in spamming, flooding, harvesting of email addresses or other personal information, spidering, “screen scrapping,” “database scraping,” or any other activity whose purpose is to obtain lists of users, their personally identifiable information or any other information we maintain about Site visitors;
You agree not to collect, use, seek to use or store personal data about anyone or personally identifiable information of any user or any individual associated with us in any manner, not approved in writing in advance by that individual; and
You agree not to violate any of these Terms, our Privacy Policy or any local, state, provincial, federal, national or international law, rule or regulation or any rules of conduct posted with respect to any individual feature of our Site or that of any third party to whose site we link.
The foregoing examples of unlawful activity are made solely for illustrative purposes and do not constitute an exhaustive list of restricted or prohibited activities.
We may delete any Submissions and/or terminate your access to the Site, our Content and/or our Services if you or your Submissions violate these Terms or our Privacy Policy or you engage in a commission or omission that may be harmful to our Site, our Users or us.
The provisions of this clause are made in addition to any rights afforded to us by any law.
9. Account Services.
a. You Are Responsible For Your Account Maintenance and Confidentiality. You may access some portions of the Site without registering. However, there is Content on this Site which is available only if you create an account. When any of the Services on the Site require you to open an account (“Account”) or otherwise provide user or registration information, including username and password (“User Information”), you must complete the registration process by providing us with complete, truthful and accurate information. When you create an Account, you alone are responsible for maintaining the strict confidentiality of any username and password relied upon to gain access to your Account, and for the use by you and any other person or entity that accesses our Site by use of your User Information, whether or not that access was authorized by you. You must notify us immediately of any suspected or actual unauthorized use of your Account or your User Information, and of any and all other security breaches. You grant to us and to all other persons and entities involved in the maintenance and operation of the Site the right to use, store, monitor, retrieve and transmit your User Information in connection with maintaining and operating the Site.
b. Normal Carrier Rates Apply. If you use the Site over any cellular/mobile devices, you hereby acknowledge that your carrier’s normal rates and fees, such as excess broadband fees, will apply.
c. Cancelling Your Account/Account Termination.
You have the right to cancel your Ageless Movement Membership Practices Account at any time. Go to your accounts page and hit cancel whenever you want to stop your Ageless Movement Membership Practices.
You will pay a one time fee for A Few Minutes of Ageless Wisdom. There is no cancelation as you will own that set of practices.
You will pay a one time fee for Lower Back Bliss. You will receive a free three-day trial and you may cancel during the free trial. You will own Lower Back Bliss after your free trial so no cancelations will be accepted after the free trial.
We reserve the right to modify, suspend, and terminate any Account and/or to refuse to provide our Services to you or allow access to our Site, in our sole discretion, without prior notice, at any time and for any or no reason and without any liability to you, including but not limited to any of the following reasons: (a) breach or violation of these Terms; (b) upon request by law enforcement; (c) due to unforeseeable technical or security issues or problems; (d) for extended periods of inactivity; or (e) for fraudulent, deceptive, or illegal activity, or other activity which we believe is harmful to our Site and/or business interests.
Upon termination of your access to or ability to use our Site, including but not limited to suspension of your Account, your right to use or access any Service and/or any Content will immediately cease. You agree that termination, limitation of access and/or suspension shall be made in our sole discretion and that we shall not be liable to you or any third party for the termination, limitation of access, and/or suspension of your Account.
On termination of your Account or upon your deletion of any particular Service or Content, you acknowledge and agree that: (a) caching of, copies of, or references to the Content may not be immediately removed; and (b) such removed Content may persist in backups (not available to others) for reasonable periods of time. You agree to release and indemnify us from all claims related to the retention of deleted Content.
d. No Sharing Account Information. You agree that you will not share your username and password with others. Excessive usage of the Site will be assumed by Yoga Anytime to be fraudulent use and your account will be immediately cancelled without a refund.
e. You May Use Only One Free Trial. Only one free trial of any length is permitted per person. Age {Less} Move More will terminate without refund any account or user that attempts to use more than one free promotional period. You may not re-active your account and use a promotional coupon to gain a second free trial.
f. Reactivation. If you voluntarily terminate your Account or allow your Account to lapse, you may reactivate it through the Account interface on the Site.
10. Fees for Features
Some of the Content on Our Site requires you to pay a fee, the details of which are available in various areas of the Site. You agree to pay all fees and applicable taxes incurred by you or anyone using your Account or your User Information.
We may revise the pricing for products, services or features offered through the Site at any time. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. If there is a dispute regarding payment of fees to, or products or Services provided by, us, your Account may be closed and your User Information may be disabled without warning or notice at our sole discretion.
YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR FEE-BASED PRODUCTS, SERVICES OR FEATURES ARE REFUNDABLE IN WHOLE OR IN PART AT THE SOLE DISCRETION OF YOGA ANYTIME.
We may, from time to time, modify, amend, or supplement our fees and fee-billing methods, and such changes shall be effective immediately upon posting in these Terms or elsewhere on the Site.
11. Disclaimers/No Warranties
We administer, control and operate the Site from our offices in Hilo, Hawaii, USA. The Site is accessible world-wide. However, some of its features or functions may not be available or appropriate for use outside of the USA and/or may not be available to all persons or in all geographic locations. We make no representation that the Site or our Content and Services are appropriate or authorized for use in all countries, states, provinces, counties, localities or any other jurisdictions.
We do not represent that our Site is governed by or operated in accordance with the laws of other nations. Your Use of the Site may not be legal in your jurisdiction. Therefore, Your Use of the Site is on your own initiative and at your own risk, and you are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable. We reserve the right to limit, in our sole discretion, the provision of any feature or function of the Site to any person and/or geographic area. Any offer for any feature or function made on the Site is void where prohibited.
The Site provides information of a general nature only. You are responsible for determining whether it applies to your specific situation. We specifically disclaim any liability concerning any action that any individual may take based on any information or guidance provided at the Site.
AS A USER, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ALL USE OF THE SITE.
12. Limitation of Liability
ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING ANY BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ARISING UNDER ANY OTHER LEGAL OR EQUITABLE THEORY WILL YOGA ANYTIME BE LIABLE FOR ANY DIRECT, INDIRECT, STATUTORY, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE (INCLUDING, WITHOUT LIMITATION, USE OF OR RELIANCE ON INFORMATION AVAILABLE ON OR IN THE SITE OR OTHERWISE RELIED ON OR USED BY US IN DELIVERING THE SITE, AND/OR ANY INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, AND/OR ANY OTHER FAILURE OF PERFORMANCE), OR FOR ANY CONTENT, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED OR ACCESSED THROUGH THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY AGREEING TO AND ACCEPTING THESE TERMS, YOU HEREBY IRREVOCABLY RELEASE YOGA ANYTIME (AS DEFINED ABOVE) FROM LIABILITY OF ANY KIND, AND FOR ANY CONSEQUENCE(S) ARISING FROM THE USE OF THE SITE. THIS INVOLVES ANY AND ALL LOSSES, INCLUDING BUT NOT LIMITED TO, MEDICAL EXPENSES, PROPERTY DAMAGE, LOSS OF PROFIT, DAMAGE TO REPUTATION, FEES, ACTUAL ATTORNEYS’ FEES AND COSTS, EXPENSES OR ANY DAMAGE, WHETHER DIRECT OR INDIRECT, WHETHER FINANCIAL OR NON-FINANCIAL.
IN NO EVENT SHALL AGE {LESS} MOVE MORE BE LIABLE FOR ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY YOGA ANYTIME ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE (INCLUDING ANY USER SUBMISSIONS). IN NO EVENT SHALL THE TOTAL LIABILITY OF AGE {LESS} MOVE MORE TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE (i) THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SITE OR FOR ANY OF YOUR ACTIVITIES IN CONNECTION WITH THE SITE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING YOUR CLAIM, OR (ii) THE SUM OF ONE HUNDRED U.S. DOLLARS ($100.00 USD), WHICHEVER IS GREATER.
YOU USE THE SITE AT YOUR SOLE RISK. THE SITE, INCLUDING ALL CONTENT, SOFTWARE, WEBSITE, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES WITH RESPECT TO ANY UPTIME OR UNINTERRUPTED ACCESS, THE AVAILABILITY, ACCURACY OR USEFULNESS OF ANY OR ALL SITE CONTENT, OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FEATURES, QUALITY, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY. WE DO NOT WARRANT THE SITE OR ITS CONTENTS AND/OR SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS OR DEFECTS. YOU USE THE SITE AT YOUR OWN RISK. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE, FOR ANY DAMAGES TO OR VIRUS(ES) THAT MAY INFECT YOUR COMPUTER EQUIPMENT, CELLULAR/MOBILE PHONE OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, BROWSING, OR USE OF THE SITE. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT SAFEGUARD PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS, REGULAR SYSTEM UPGRADES AND OTHER SECURITY CHECKS AND MEASURES) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. YOGA ANYTIME MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.
Some states or jurisdictions do not allow the exclusion or limitation of consequential or incidental damages and, in such states or jurisdictions, our liability shall be limited to the fullest extent permitted by law.
TO THE EXTENT ALLOWED BY LAW, WE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF THE FOLLOWING:
DELAYING, REJECTING, OR REMOVING ANY OR ALL CONTENT AT ANY TIME FOR ANY OR NO REASON WHATSOEVER WITH OR WITHOUT NOTICE TO YOU;
MODIFYING OR DISCONTINUING TEMPORARILY OR PERMANENTLY, THE SITE (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE TO YOU FOR ANY OR NO REASON WHATSOEVER;
IMMEDIATELY TERMINATING YOUR ACCESS TO THE SITE FOR ANY OR NO REASON WHATSOEVER AND WITH OR WITHOUT NOTICE TO YOU;
THE ACCURACY, USEFULNESS, OR AVAILABILITY OF ANY INFORMATION POSTED TO OR THROUGH THE SITE; OR
ANY LOSS OR DAMAGE OF ANY SORT INCURRED BY YOU AS A RESULT OF INTERACTIONS YOU HAVE WITH THIRD-PARTIES FOUND ON OR THROUGH THE SITE.
IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFIT, LOSS OF GOODWILL, INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER FINANCIAL LOSS) IN ASSOCIATION WITH ANY CLAIM, OR ANY LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING RELATING TO OR ARISING UNDER OR OUT OF THESE TERMS, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE OR OTHER GROUNDS. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.
13. Indemnity.
You agree to defend, indemnify and hold harmless Age {Less} Move More, as defined above, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to actual attorney’s fees and costs) arising from: (i) Your Use of and access to the Site, including any data or Content transmitted, submitted, viewed, or received by you; (ii) your violation of any provision of these Terms and/or our Privacy Policy, including your breach of any of the representations and/or warranties contained in these Terms; (iii) your violation of any third party right, including any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your Content or any that is submitted via your Account; and/or (vi) any other party’s access and use of the Site and any of the Site’s Services and/or Content with your unique username, password or other appropriate security code.
You hereby agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
14. Released Parties.
To the fullest extent permitted by law, you release Age {Less} Move More, as defined above, from any and all responsibility, liability, claims, demands, and/or damages (direct, indirect, incidental, punitive, statutory, exemplary, special or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the following: (i) disputes between users, including those between you and other users; (ii) third party sites and services, including Content found on such sites and services; (iii) disputes concerning any use of or action taken using your Account by you or a third party; (iv) claims relating to the unauthorized access to any data communications or Content stored under or relating to your Account, including unauthorized use or alteration of such communications or your Content. You also waive any and all benefits and rights that would otherwise accrue to you by reason of the provisions of any federal or state statute or principle of common law of any state of the United States, or any political entity or nation, province or local law or regulation that may govern this release, which statute, regulation, law or principle provides in substance something similar to California Civil Code § 1542. You agree not to file any action or lawsuit inconsistent with the foregoing release.
15. DISPUTES AND DISPUTE RESOLUTION
All claims and disputes arising under or relating to this Agreement are to be settled by arbitration in the State of Hawaii, County of Hawaii before one Retired Judge, selected by both Age {Less} Move More and you.
BINDING ARBITRATION AGREEMENT AND CLASS WAIVER DISCLOSURE
Agreement to Arbitration; Class Waiver: You and we agree, except as provided below regarding small claims court proceedings, any dispute, claim or controversy arising out of or relating in any way to the Site, Services and Content, including, but not limited to, the Site, the Content, products, Services and user interfaces, our Privacy Policy and/or our privacy practices generally, these Terms, and this Arbitration Agreement, shall be determined by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. YOU AGREE THAT, BY AGREEING TO THESE TERMS, THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS AGREEMENT, AND THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This arbitration provision shall survive termination of these Terms.
Pre-Filing Mediation: In the event of a dispute, prior to initiating arbitration, the party asserting the claim must first send to the other, by overnight courier, a written Notice of Claim (“Notice”). If you are the claimant, the Notice to is must be addressed to: Michelle Andrie, Owner, Age {Less} Move More or by emailing hello@agelessmovemore.com. If we are the claimant, the Notice must be sent to the email address we have on file for you in your Account. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. Following receipt of the Notice, each party agrees to negotiate with the other in good faith about the claim. If the claim is not resolved to the satisfaction of the claimant within sixty (60) days after Notice is provided, the claimant may pursue the claim in arbitration or file a claim in small claims court, as appropriate.
Additional Arbitration Provisions:
Settlement Offers: During the arbitration, the amount of any settlement offer made by you or us shall not be disclosed to the arbitrator.
Initiating a Claim: The form required to initiate an arbitration can be printed or downloaded from ADR Services. Fees for Initiating Arbitration: If you are required to pay a filing fee to initiate arbitration, after we receive notice of the initiation of arbitration, we will promptly reimburse you for your payment of the filing fee at the address provided in the Notice, unless your claim is for greater than US $1,000.
Applicable Rules; Administrator: The arbitration will be governed by the Arbitration Rules of ADR Services, Inc. as modified by this Agreement, and will be administered by ADR Services, Inc. The Arbitration Rules are available online at ADR Services. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this Arbitration Agreement.
Location of Hearing: Unless you and we agree otherwise, any arbitration hearings will take place in Hilo, Hawaii. If your claim is for US $10,000 or less, we agree 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. If your claim exceeds US $10,000, the right to a hearing will be determined by the Arbitration Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a written decision sufficient to explain the essential findings and conclusions on which the award is based.
Class Waiver: YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate the claims of more than one party, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable as applied to any claim asserted by any individual, then the entirety of the arbitration provision set forth herein shall be null and void.
Remedies; Injunctive Relief Limitation: The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide the relief warranted by that party’s individual claim. The arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the Parties waive any right to recover any such damages. Judgment on the Award may be entered in the State of Hawaii, The city of Hilo.
Small Claims Procedure Alternative: Notwithstanding the foregoing binding arbitration procedure, either party may bring an individual action in small claims court (provided the claim otherwise qualifies for such a program) as an alternative to proceeding with arbitration.
Opt-Out Provision: You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in these Terms by doing the following: Within 15 days of your first accessing the Site, you must send an email to contact@agelessmovemore.com that specifies: (1) your name; (2) your IP address(es); (3) your mailing address; and (4) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in these Terms. All other Terms shall continue to apply to you and your Account, including the requirement to participate in pre-dispute mediation. You are not required to send the letter by certified mail, return receipt requested or overnight courier, but it is recommended that you do so. Your request to be excluded will only be effective and enforceable if you can prove the request was postmarked within the applicable 15-day deadline.
16. Notice For California Users.
Under California Civil Code Section 1789.3, users of the Site from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
17. Notice For New Jersey Users.
The following sections shall not apply to users of the Website from New Jersey: Disclaimers/No Warranties, Limitation of Liability and Jurisdiction.
18. Miscellaneous.
a. Modifications to these Terms and Other Policies/Guidelines. We reserve the right to modify these Terms and/or any other guidelines or policies affecting the Site at any time, and may do so from time to time. Such revisions will become effective upon the earlier of: (i) posting of the revisions to the Site, or (ii) distribution of the revisions by any written contact method we have with you, including by email. For this reason, please visit this page on a regular basis and check the “Last Updated” date at the top of these Terms to ensure you are familiar with the most recent version of these Terms. Your Use of the Site after the effective date of the revisions signifies your acceptance of any such revisions. If you do not agree, you must stop using the Site immediately.
b. Modifications to Site Features, Design, User Interface, etc. We may, either partially or in its entirety and without being obligated to provide prior notice, modify, adapt or change the Site and/or any of its Services, features, the user interface and design, the extent and availability of the Content in or on the Site and any other aspect related to the Site. You will have no claim, complaint or demand against us for applying such changes or for failures incidental to such changes.
c. Statute of Limitations. You and Age {Less} Move More agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to our Site, or our Content and/or Services, Terms and/or Privacy Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred.
d. Assignment. You agree that we may assign any of our rights, and/or transfer, sub-contract or delegate any of our obligations under these Terms, and the assignment of any such rights, benefits or obligations will be binding upon and inure to the benefit of our successors and assigns. Your agreement to these Terms is personal to you as an individual, and so you may not transfer or assign your rights and obligations under this Agreement to any third party without our prior written consent.
e. No Third Party Beneficiaries. Except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to this agreement. For the purpose of clarity, Yoga Anytime, as defined above, shall include all parties and affiliates parties stated herein and are intended to be and are considered third party beneficiaries of these Terms and our Privacy Policy.
f. Termination. We may terminate these Terms for any or no reason at any time by notifying you through a notice on the Site, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defenses hereunder. Upon termination, you will no longer have a right to access your Account or your Submissions. We will not have any obligation to assist you in migrating your data or your Submissions and we may not keep any back up of any of your Submissions. We will not be responsible for deleting your Submissions. All provisions of this Agreement that by their nature shall survive termination shall indeed survive termination, including but not limited to: “Our Intellectual Property Rights,” “Your Permission to Use Our Site,” “Disclaimers/Warranties,” “Limitation of Liability,” “Indemnity,” “Released Parties,” and “Disputes and Dispute Resolution.” Termination of your access to and use of our Site shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to us or any third party.
g. Export Control. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
h. Jurisdiction. If any court of competent jurisdiction finds the arbitration and/or class action waiver provisions in these Terms invalid or inapplicable, you irrevocably submit to the exclusive jurisdiction of, and venue in, the state and federal courts in Los Angeles, California, and the related appellate courts, in any related action or proceeding and agree to not raise any claims as to Los Angeles, California being an inconvenient forum.
i. Governing Laws. You agree the laws of the United States of America and the laws of the State of Hawaii, without regard to any principles of conflicts of laws, will govern these Terms, Your Use of the Site, and all matters relating to your access to, and/or use of, the Site, including all disputes between you and us. You also agree that: (i) the Site shall be deemed solely based in Hawaii; and (ii) the Site shall be a passive site that does not give rise to personal jurisdiction over us, either specific or general, in any jurisdiction other Hawaii.
j. Waiver. Our failure to enforce any rights or provisions of these Terms shall not be deemed a waiver or relinquishment of such rights or provisions. Any waiver of any right or provision of these Terms must be in writing.
k. Severability. If any part of these Terms is determined to be invalid or unenforceable under applicable law, including the warranty disclaimers and liability limitations stated elsewhere herein, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full effect.
l. Entire Agreement. These Terms shall be deemed to include all other notices, policies, disclaimers and other terms and conditions contained in the Site, including our Privacy Policy; provided, however, these Terms shall prevail in the event of a conflict with any such other documents. Any rights not expressly granted in these Terms are reserved to us. These Terms and our Privacy Policy together constitute the entire agreement between you and us and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us, with respect to Your Use of the Site, our Services and our Content.
m. Electronic Recordkeeping. A printed version of these Terms and our Privacy Policy and of any notice given in electronic form shall be admissible in any and all judicial or administrative proceedings based upon or relating to these Terms and/or our Privacy Policy to the same extent as other business documents and records originally generated and maintained in printed form. In the event of an inconsistency between these Terms and the synopsis of terms, if any, presented to users during software installation, these Terms shall prevail.
n. Drafter. No party, nor any of the parties’ respective attorneys, shall be deemed the drafter of this Agreement for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties.
o. Headings. The headings in these Terms are for convenience only and have no legal or contractual effect.
p. Terms. “Include,” “Includes,” “Including,” “include,” “includes,” and “including” herein mean including without limitation.
q. No Partnership/Relationship/Joint Venture. These Terms and Your Use of the Site, including your Submissions, do not, and shall not be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and/or of any kind between the parties hereto. Your Use of the Site is intended for your personal enjoyment and benefit, and the provision of the Site to you (subject to your compliance with these Terms and Our Privacy Policy) constitutes the sole and sufficient consideration that you are entitled to receive for any Submissions or other contributions you have made to us and our products and Services.
r. Agreement in English. It is the express wish of the parties that this agreement and any and all related documents be stated in English. To the extent any agreement or other document is prepared in a language other than English, and there results a conflict between the English version and the version in the other language, the English version shall govern.
s. Questions. If you have any questions about these Terms or the Site, please contact us at contact@agelessmovemore.com. We will make our best efforts to address your inquiry promptly.
2018 by Conex Ventures, LLC. dba Age {Less} Move More.