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The Movband Services are available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
Full use of the Movband Services requires compatible Movband Products, Internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors. The Movband Services is not a guaranteed part of any third party product or service offering, and no purchase or obtaining of any third party product or service shall be construed to represent or guarantee you access to the Movband Services.
Please see the section entitled "Precautions" below for recommended precautions related to your use of the Movband Products and the Movband Services.
You represent that you are using the Movband Services for its intended purpose. If you are registering or using the Movband Services on behalf of a company or other organization, you represent that you have authority to bind the company or other organization by your actions.
Content found on the Site or through the Movband Services is for informational purposes only and is not intended to replace the relationship between you and your physician or other medical provider. We are not a licensed medical care provider and have no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. You should always consult a physician before starting a fitness program, changing your diet or if you have any questions regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on or through the Movband Services. You should consult with your physician before following any training instructions you receive through the Movband Services or participating in any event announced on or through the Movband Services. Not all exercises or activities described on the Movband Services are suitable for everyone. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury and/or death. If you think you may have a medical emergency, call your physician or 911 immediately. If you feel discomfort or pain, immediately stop the activity causing such discomfort or pain. People who have Type 1 diabetes or other adverse medical or nutritional conditions should not use the Movband Services unless such use is directed and closely monitored by a physician. By using the Movband Services, you represent that you have received consent from your physician to participate in the programs, workouts, and exercises described on the Movband Services.
We are not responsible for any health problems that may result from training programs, products, or events you learn about through the Movband Services. If you engage in any exercise program you receive or learn about through the Movband Services you agree that you do so at your own risk and are voluntarily participating in these activities.
We try to provide helpful and accurate information on the Movband Services, but we make no endorsement, representation or warranty of any kind about any information, services or recommendations made available through the Movband Services. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Movband Services. If you rely on any information provided by Movband, Movband employees, or others appearing on or contributing content to the Movband Services, you do so solely at your own risk.
Through the Movband Services, we enable you, if you wish, to share information with others, as this is an important motivator to achieve fitness goals. You can use the privacy settings within the Movband Services to control which information about you is shared with others.
Subject to Movband's adherence with the privacy settings you select within the Movband Services, you hereby grant, or warrant that the owner of such material has expressly granted, to Movband a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, reproduce, publish, translate, distribute, transmit, publicly perform, publicly display, digitally perform, modify, adapt, create derivative works of, incorporate in any form into other works, and otherwise use and commercially exploit, in whole or in part, any text, photographs or other data and information you submit to the Movband Services (collectively, "User Generated Content") in any media now existing or hereafter developed, including without limitation on websites, in audio format, and in any print media format.
Subject to Movband's adherence to the privacy settings you select within the Movband Services, you hereby waive any rights of publicity and privacy with respect to the User Generated Content and any other legal or moral rights that might preclude Movband's use of the User Generated Content or require your permission for Movband to use the User Generated Content. You agree not to assert any claim, whether based on tort, contract, or other legal theory, against Movband or its sublicensees relating to Movband's or its sublicensees' use of the User Generated Content in accordance with your privacy settings, and you hereby release Movband and its sublicensees from any such claims. You represent that your User Generated Content: (1) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights; (2) will not violate any law, statute, ordinance or regulation; (3) will not be obscene or contain child pornography; (4) will not contain any viruses, worms, time bombs or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (5) will not violate any third party's rights of publicity or privacy; and (6) will not be defamatory, unlawfully threatening or harassing, harmful to minors in any way, or otherwise offensive or inappropriate. You are responsible for complying with all laws applicable to your User Generated Content.
You are responsible for maintaining the confidentiality of your login information and password. You shall be responsible for all uses of your login information, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your login information or password. Movband cannot and does not assume any responsibility or liability for any information submitted by someone who has fraudulently accessed your Movband account or for any third party's fraudulent use or misuse of information submitted by you.
You represent that the information that you provide about yourself as requested in the Movband account registration form (the "Registration Data") is accurate and complete, and you agree to update your account information, as necessary, including providing Movband with your current email address, so that you may receive notifications and other account-related communications. You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
Movband strives to provide quality Products and Services and an engaging and safe user experience; however, data transmission over the Internet cannot be guaranteed to be 100 percent secure and Movband cannot ensure and does not warrant the security of any information you transmit to Movband. Transmitting Personal and Non-Personal Information is done at your own risk.
Use of the Movband Products or Movband Services may create content that, when stored on your device or computer with other of your information, could become sensitive health information regulated by the Health Insurance Portability and Accountability Act of 1996, the regulations promulgated thereunder by the U.S. Department of Health and Human Services, the Health Information Technology for Economic and Clinical Health Act of 2009, California Health and Safety Code §1280.15, California Civil Code §§1798.82 and 1798.29, and other applicable laws and regulations. If someone other than you is using the Movband Products or Movband Services, you may be subject to such laws and regulations.
Except for the User Generated Content, the Movband Services including but not limited to Movband SYNC, the Movband Dashboard and all aspects thereof, including all copyrights, trademarks, and other intellectual property rights therein, are owned by Movband or its licensors. You acknowledge that the Movband Services and any underlying technology used in connection with the Movband Services contain Movband's intellectual property and proprietary information and is protected by copyright, trademark and other such laws in the United States and foreign countries. You may not reproduce, distribute, modify or create derivative works of, publicly display (including by framing any content), or commercially exploit any part of the Movband Services except as necessary to view the content therein and to create a reasonable number of copies of portions of such content (without modification) for your personal, non-commercial use. All rights in the Movband Services not expressly granted to you by Movband are retained by Movband and its licensors.
Some of our users will make their email addresses available if they wish to converse with other users with similar interests or goals. If you use this information, you agree not to transmit "spam" or other unwanted solicitations, or any material that is harassing, threatening, offensive, obscene, abusive, harmful, defamatory, invasive of another's privacy, infringing of another's intellectual property rights, or illegal. Users found using email information in this manner may have their user accounts terminated. We are not responsible for the content of email messages sent to you by our users or from third parties.
Movband may change or discontinue, temporarily or permanently, any feature or component of the Movband Services at any time without further notice. In addition, we may, without notice to the applicable user, terminate individual user accounts that have been inactive for more than 30 days, but have no obligation to do so. You agree that Movband shall not be liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Movband Services.
SOME OF THE CONTENT CONTAINED IN Movband SERVICES MAY BE PROVIDED BY OR LINK TO THIRD PARTIES. THE SERVICES PROVIDED BY Movband ITS AFFILIATES, AND THIRD PARTIES ARE PROVIDED "AS IS." NEITHER Movband NOR ITS PARTNERS, SUPPLIERS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, CONTENTS, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE SERVICES. IN ADDITION, Movband AND ITS PARTNERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, Movband DOES NOT WARRANT THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. Movband DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THIRD PARTY CONTENT, ACCURACY OF MATERIALS ON THIRD PARTY PLATFORMS, OR THIRD PARTY PRIVACY PRACTICES. IF THIRD PARTY CONTENT OR LINKS TO THIRD PARTY PLATFORMS IS PROVIDED, IT IS PROVIDED AS A CONVENIENCE. YOUR USE OF THIRD PARTY CONTENT OR PLATFORMS IS AT YOUR OWN RISK.
For users who have elected to purchase a premium subscription to the Services the following additional terms and conditions shall apply:
Software license and Description of the Online Interface. If you are signing up for Movband Online interfaces, in consideration of your membership fee, Movband hereby grants you a non-exclusive, non-transferable revocable license to use Movband Sync, the Movband dashboard and other software that Movband or affiliated third party licensors may decide to offer from time to time (the “Software”) solely for personal, noncommercial home use only. Movband expressly retains sole and exclusive rights to all of the source code, object code, documentation, confidential information, and all intellectual property rights associated with the licensed Software. User may not (i) relicense, sub-license, sell, distribute, or otherwise share the Software; (ii) attempt to translate, adapt, modify decompile or reverse assemble any licensed Software, nor shall user analyze or otherwise examine any source code for reverse engineering purposes; (iii) host, network, emulate, or otherwise duplicated the licensed Software; (iv) use the licensed Software in any manner not otherwise expressly permitted in this Agreement; or (v) otherwise exploit or create other works based on the Software, its source code or its algorithms, methods, design, functions, or routines.
Payments. You agree to pay Movband the stated fees for the Online interface for the duration of time and the amount you selected on the sign up page. You permit Movband to charge this fee to your credit card and automatically renew the charge for the duration of your membership until you cancel. We use a third party credit card payment processor to process all payments.
Automatic Renewal and Cancellation. Membership fees will be charged to your credit card and will automatically renew at the price then in effect for the duration of your membership until you cancel. Yearly memberships will automatically renew once a year. Cancellation of your membership can be done in the My Account area on Movband. If you choose to cancel, your cancellation will take effect at the end of the term in which you cancelled. If your credit card is invalid for any reason, charged back, or if Movband does not receive payment, we will cancel your member benefits immediately.
Refund Policy and Termination. If Movband cancels the entire Service, you may request a refund in writing within 30 days after the cancellation and receive a refund for the prorated amount of the fees for the Service. If Movband makes a material adverse change to the Service or to the terms of this Agreement, you may terminate this Service and request a refund in writing within 15 days of such change and Movband will refund the prorated amount of the fees for the Service. If you cancel within 30 days of joining or renewal, you are eligible, upon request, for a full refund. Termination of your Online interface account and the refund rights above are your sole remedies under this Agreement and against Movband in connection with Movband's provision of the Online interface. Because Movband reserves the right to alter or discontinue all or any portion of the Online interface or the Site, you should be sure to retain a copy of any materials you post on the Site and your user data, which can be exported into an Excel or CSV file.
Representations, Warranties and Covenants. You represent, warrant and covenant that (a) the membership and credit card information that you supply is true, correct and complete, (b) you will pay any charges that you incur in connection with the Service, including any applicable taxes, (c) you will update your membership and credit card information as required, (d) you will not allow anyone else to use your membership, (e) you will not transfer your membership or password to anyone else and (f) you will report to us any unauthorized or prohibited use of your membership or this Site.
Amendment. Subject to the termination and refund rights above, you agree that Movband reserves the right to amend the Online interface and the terms associated therewith at any time and for any reason. Any changes may be posted to the Site or sent to you by email or postal mail.
2425 Fountain View Drive
Houston, TX 77057
Date of last update: Aug 20, 2014
All information is intended for your general knowledge only and is not a substitute for medical advice or treatment for specific medical conditions.
We cannot and do not give you medical advice. You should seek prompt medical care for any specific health issues and consult your physician for any concerns.
The information should not be considered complete and should not be used in place of a visit, call, consultation or advice of your physician or other health care provider.
Should you have any health care-related questions, please call or see your physician or other health care provider promptly. You should never disregard medical advice or delay in seeking it because of something you have read here.
The information contained on this Report is for educational purposes only. You should consult with your health care professional for specific advice relating to your medical questions or conditions. None of the information, statements and/or links contained on this Report is intended to replace the attention or medical instructions from a health care professional. Nothing on this Report is meant to imply a person should take actions toward medical treatment without the consent and/or supervision of specialist. You agree that you will not under any circumstances disregard any professional medical advice or delay in seeking such advice in reliance on any content provided on or through this Report.
All efforts have been made to ensure that the information presented on this Report is current, accurate, and reliable. However, we are not responsible for the reliability, accuracy, timeliness, usefulness, or completeness of the linked content on this Report, nor for any actions made on the basis on information provided. We cannot and do not provide warranty against omissions, loss of data, interruptions, delays, or errors made by humans or machines.
Any individual that practices self-management of health problems without the consent of a doctor or health care professional does so at his/her own discretion and the consequences of doing so are his/her sole responsibility.
This Report is not designed to and does not provide medical advice, professional diagnosis, opinion, treatment or services to you or to any other individual. Through this Report and linkages to other sites, we provide general information for educational purposes only. The information provided in this Report, or through linkages to other sites, is not a substitute for medical or professional care, and you should not use the information in place of a visit, call consultation or the advice of your physician or other healthcare provider. Dynamic Health Strategies is not liable or responsible for any advice, course of treatment, diagnosis or any other information, services or product you obtain through this site.
Medical information changes constantly. Therefore the information on this Report or on the linked websites should not be considered current, complete or exhaustive, nor should you rely on such information to recommend a course of treatment for you or any other individual. Reliance on any information provided on this Report or any linked websites is solely at your own risk.
We do not recommend or endorse any specific information that may be provided on the linked websites. These are provided as a source of information for you and questions should be discussed with your health care provider.
From time to time, HealthSpective Engage may link to third party websites. Dynamic Health Strategies has not reviewed, and cannot review, all of the material made available through the websites and webpages to which HealthSpective Engage links, and that link to HealthSpective Engage. Dynamic Health Strategies does not have any control over those non- Dynamic Health Strategies websites and webpages, and is not responsible for their contents or their use. By linking to a non- Dynamic Health Strategies website or webpage, Dynamic Health Strategies does not represent or imply that it endorses such website or webpage. Dynamic Health Strategies disclaims any responsibility for any harm resulting from your use of non- Dynamic Health Strategies websites and webpages.
Acknowledgement that you have reviewed and consent to the above disclaimer