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TERMS OF USE

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR WEBSITE IS SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE WEBSITE IN ANY MANNER.

Effective date: October 1, 2015

Welcome to Muve.  Please read on to learn the rules and restrictions that govern your use of our website (the “Website”).  If you have any questions, comments, or concerns regarding these terms or the Website, please contact us at support@muvehealth.com.

These terms of use (the “Terms of Use”) are a binding contract between you and Muve Health, LLC. (“Muve,” “we” and “us”).  You must agree to and accept all of the Terms of Use, or you do not have the right to use the Website.  Your use of the Website in any way means that you agree to all of these Terms of Use, and these Terms of Use will remain in effect while you use the Website.  These Terms of Use include the provisions in this document, as well as those in our Privacy Policy.

You represent and warrant that you are an individual of legal age to form a binding contract.  Or if you are agreeing to these Terms of Use on behalf of an organization, entity, or person other than yourself, you represent and warrant that you are authorized to agree to these Terms of Use on that organization, entity, or person’s behalf and bind them to these Terms of Use (in which case, the references to “you” and “your” in these Terms of Use, except for in this sentence, refer to that organization, entity, or person).  You will only use the Website for your personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you.  If your use of the Website is prohibited by applicable laws, then you are not authorized to use the Website.  We are not responsible for your using the Website in a way that breaks the law.

 

Will these Terms of Use ever change?
We are constantly trying to improve our Website, so these Terms of Use may need to change along with the Website.  We reserve the right to change the Terms of Use at any time, but if we do, we will bring it to your attention by placing a notice on the Website and/or by some other means.  If you do not agree with the new Terms of Use, you are free to reject them; unfortunately, that means you will no longer be able to use the Website.  If you use the Website in any way after a change to the Terms of Use is effective, that means you agree to all of the changes.  Except for changes by us as described here, no other amendment or modification of these Terms of Use will be effective unless in writing and signed by both you and us.

What about Privacy?
Muve takes the privacy of its users very seriously.  For the current Muve Privacy Policy.  The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13.  We do not knowingly collect or solicit personally identifiable information from a child under 13 without obtaining verifiable consent from that child’s parent or guardian (“Parental Consent”). If you are a child under 13, please do not attempt to send any personal information about yourself to us before we obtain Parental Consent.  If you believe that a child under 13 has provided us with personal information without our obtaining Parental Consent, please contact us at support@muvehealth.com.

 

No Practice of Medicine and Additional Disclaimers
This Website is not engaged in the practice of medicine. Any information and advice on the Website is given in a generalized, generic basis, and is not specific to any individual patient’s condition.  Use of this Website is helpful in making you informed about health care issues and Muve’s service offerings, but your use of this Website does not create care provider – patient relationship.  You acknowledge and agree that online health information, such as the Website, cannot replace a health professional – patient relationship and you should always consult with a professional for diagnosis and treatment of any specific health problem.  You should not disregard any advice or treatment from your health professional based on your interpretation of what you may read on this Website.

You assume full responsibility for using the information on the Website and you understand and agree that Muve and its affiliates and licensors are not responsible or liable for any claim, loss or damage resulting from your use of the Website.  While Muve tries to keep the Website as accurate as possible, Muve disclaims any warranty concerning the accuracy, timeliness, and completeness of the information and Content on the Website.

Prohibited Uses
You represent, warrant, and agree that you will not use the Website or interact with the Website in a manner that:

  • Infringes or violates the intellectual property rights or any other rights of anyone else (including Muve);
  • Violates any law or regulation, including any applicable export control laws;
  • Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  • Jeopardizes the security of the Website;
  • Violates the security of any computer network, or cracks any passwords or security encryption codes;
  • Runs Maillist, Listserv, any form of auto-responder or “spam” on the Website, or any processes that run or are activated while you are not logged into the Website, or that otherwise interfere with the proper working of the Website (including by placing an unreasonable load on the Website’ infrastructure);
  • “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Website (through use of manual or automated means);
  • Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Website.

A violation of any of the foregoing is grounds for termination of your right to use or access the Website, among other legal and equitable remedies available to Muve.

What are my rights in Muve?
The materials displayed or performed or available on or through the Website, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws.  You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Website, and you will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Muve’s) rights.

You understand that Muve owns the Website. You will not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Website.

Who is responsible for what I see and do on the Website?
Any information or content transmitted through the Website by you is your sole responsibility, and we are not liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it.  We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Website.

The Website may contain links, information, data or connections to third party websites or Website that are not owned or controlled by Muve. When you use the Website, you acknowledge and understand that Muve may need to access third party websites or use third party Website for certain functionalities, and you accept that there are risks in doing so, and that Muve is not responsible for such risks or any inaccuracies in such third party websites or Website.  Also, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.

Muve has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, data, information or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Website. In addition, Muve will not and cannot monitor, verify, or edit the content of any third party site or service. By using the Website, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

If there is a dispute between you and a third party regarding the Website or any action you or a third party takes concerning the Website, you agree that Muve is under no obligation to become involved. In the event that you have a dispute with any such third party, you release and covenant not to sue Muve, its officers, employees, agents, successors and assigns from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Website. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”

Will Muve ever change the Website?
We are always trying to improve the Website, so it may change over time.  We may suspend or discontinue any part of the Website, or we may introduce new features or impose limits on certain features or restrict access to parts or the entire Website.  We will try to give you notice when we make a material change to the Website that would adversely affect you, but this is not always practical. Similarly, we reserve the right to remove any Content from the Website at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms of Use), in our sole discretion, and without notice.

What else do I need to know?
Warranty Disclaimer.  Neither Muve nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Website, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Website.  We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations on the Website.

THE WEBSITE AND CONTENT ARE PROVIDED BY MUVE (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS, AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR  A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.  SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  NO REPRESENTATIVE OF MUVE IS AUTHORIZED MAKE ANY OTHER REPRESENTATION OR WARRANTY OR MODIFY THIS WARRANTY IN ANY WAY EXCEPT IN A WRITTEN AMENDMENT OF THESE TERMS OF USE SIGNED BY A DULY AUTHORIZED REPRESENTATIVE OF MUVE.

Limitation of Liability.  TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL MUVE (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF $100, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. 

Indemnity.  To the fullest extent allowed by applicable law, You agree to indemnify and hold Muve, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Website (including any actions taken by a third party using your account), and (b) your violation of these Terms of Use.  In the event of such a claim, suit, or action (“Indemnified Claim”), we will attempt to provide notice of the Indemnified Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment.  You may not assign, delegate or transfer these Terms of Use or your rights or obligations hereunder, or your Website account, or any Rebooking Website that you purchase, in any way (by operation of law or otherwise) without Muve’s prior written consent.  We may transfer, assign, or delegate these Terms of Use and our rights and obligations without consent.

Choice of Law; Arbitration.  These Terms of Use are governed by and will be construed under the laws of the Commonwealth of Massachusetts, without regard to the conflicts of laws provisions thereof.  Any dispute arising from or relating to the subject matter of these Terms of Use shall be finally settled in Suffolk County, Massachusetts, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Website, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Broomfield County, Colorado, or the United States District Court for the District of Colorado. Any arbitration under these Terms of Use will take place on an individual basis: class arbitrations and class actions are not permitted.  YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND MUVE ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Miscellaneous.  The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.  If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms of Use shall otherwise remain in full force and effect and enforceable.  You and Muve agree that these Terms of Use are the complete and exclusive statement of the mutual understanding between you and Muve, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms of Use.  You hereby acknowledge and agree that by using the Website, you do not create or otherwise establish an employee, agent, partner, or joint venture relationship with Muve, and you do not have any authority of any kind to bind Muve in any respect whatsoever.

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