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

By accessing or using this movementRX 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 movementRX. movementRX 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. movementRX 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.  The instruction presented on this Platform is in no way intended as a substitute for medical advice or counseling.

Description of potential risks:

The activities promoted on the Platform may be new to you and may challenge and possibly exceed your level of ability.  The reaction of the heart, lung, blood vessels as well as other systems to movement 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, vertigo, nervousness, dizziness, disorders of heart rhythm, and very rare instances of heart attack, stroke, or even death. 

PLATFORM USE RESTRICTIONS

You may use the content on the Platform 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 movementRX’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 movementRX’s acceptance. This means that movementRX 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,  movementRX will issue you a refund.

SAFEGUARD YOUR USERNAME/PASSWORD

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

PRIVACY

We are committed to complying with privacy laws which apply to us.  We do not collect and are not responsible for the collection or security of payment details.  Payment information is processed and stored using third party companies. These companies can be contacted at www.paypal.com or https://stripe.com. Before entering your personal details we suggest that you read and become familiar with the privacy policy for any third party company.  We cannot guarantee that our systems will not be compromised or interfered with by a third party. You acknowledge that by providing us with your personal information, you do so at your own risk.

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 movementRX 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 nineteen (19) years of age or older, or for minors under the care and supervision of a guardian who is nineteen (19) years of age or older. It is a violation of these Terms of Use for anyone under 19 (a “minor”) to register for the Platform unless done so by a guardian over the age of 19 on that minor’s behalf. You represent and warrant that you are 19 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”). movementRX does not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. movementRX is not responsible for the content or policies of Third Party Platforms and you access such Third Party Platforms at your own risk.

INDEMNIFICATION

You agree to  indemnify, defend, and hold harmless Michelle Mark and her respective heirs, administrators, executors, successors and assigns 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 the Platform 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.

WARRANTY DISCLAIMER

MovementRX 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, its 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, movementRX disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. movementRX cannot guarantee and does not promise any specific results from use of the Platform. movementRX 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, movementRX 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. movementRX reserves the right to change any and all of the Platform’s content and other items used or contained in the Platform at any time without notice. 

LIMITATION OF LIABILITY

movementRX 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), even if movementRX has been advised of the possibility of such damages. You assume total responsibility for your use of the Platform. Your only remedy against movementRX for use of the Platform or any Content is to stop using the Platform. That said, if movementRX 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, movementRX’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 movementRX in jurisdictions other than British Columbia, Canada. You agree that this Platform, Terms of Use, Privacy Policy and any dispute between you movementRX 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 movementRX products) shall be resolved individually, without resort to any form of class action, and exclusively in the provincial or federal courts located in Victoria, 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 Victoria, British Columbia. Any cause of action or claim you may have with respect to the Platform (including but not limited to the purchase of movementRX 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 movementRX. You agree that any notice, agreement, disclosure or other communication that movementRX sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. movementRX’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. movementRX 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

movementRX 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. movementRX 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.