Agreement between user and HealthyMoving.com
Welcome to HealthyMoving.com. The HealthyMoving.com website (the “Site”) is comprised of various web pages operated by Healthy Moving LLC (“Healthy Moving”). HealthyMoving.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of HealthyMoving.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
HealthyMoving.com is an E-commerce Site and maintained for your personal use and education.
Medical Advice Disclaimer
The instructions and advice presented within HealthyMoving.com are in no way intended as a substitute for medical counseling.
Healthy Moving makes no warranty or representation whatsoever regarding the services or products provided through or in connection with the website.
Your use of HealthyMoving.com constitutes your agreement that you assume all risks when using the information provided herein. This site’s operators, authors, owners, and affiliates disclaim any and all liability from the information provided herein. Any medical, financial, legal, health, psychological or other information provided on this site is not intended as a replacement for professional consultations with qualified practitioners. If this site provides health-related or medical information, no such information provided by this site is intended to treat or cure any disease or to offer any specific diagnosis to any individual as we do not give medical advice, nor do we provide medical or diagnostic services.
Not all exercises, techniques and poses are suitable for everyone. Please carefully consider the inherent risks associated with this or any other exercise program and your own physical limitations and stop physical activity before becoming ill or injured. Please consult your doctor before beginning this or any other exercise program.
Payments & Payment Reminders
Payment details are not stored on our servers. All payment transactions use industry standard security to protect you.
Refund & Cancellation Policy
A La Carte Class Bundles (including but not limited to the Neck & Shoulder Bundle, Hip & Back Bundle, Healthy Sleep Bundle, etc.):
There is a 30-day money back guarantee on all A La Carte Bundles. If you decide the course isn’t for you, simply contact billing@HealthyMoving.com for a full refund within 30-days of payment. (Of course, this would mean your access to all course content will be discontinued.)
Once a valid refund request submitted, the refund process will take no more than 14 days.
Refunds will not be given for prior A La Carte Bundle Purchases when they are included as a bonus offer with another larger course or program if 1) the purchase of the A La Carte Class Bundle was made more than 30 days ago, or 2) the larger course or program is being purchased with a special discount offer.
Lifetime Workshops, Courses, and Programs (All Deep-Dive Workshop Courses, Tech Body Fix Program, Mindset Mastery Program, and Physical Education Program for Families):
There is a 10-day money back guarantee on the Lifetime Workshops, Courses, and Programs. If you decide the course isn’t for you, simply contact billing@HealthyMoving.com for a full refund within 10-days of registration. (Of course, this would mean your access to all course content will be discontinued.)
Once a valid refund request submitted, the refund process will take no more than 14 days.
If paying through an installment billing payment plan, you are agreeing that you will pay all future installments. Your refund and cancelation window is ONLY within 10-days of initial registration. For example, if your installment agreement is for three payments of $99, you agree that you will make all three payments, for total of $297 within the timeline you signed up for. If a payment is missed, you will be given 3 days to resolve the missed payment, after which point your access to the program will be terminated. You can regain access by paying the remaining amount due and a $45 re-instatement fee within 30 days of your missed payment.
Coaching & Challenge Program Membership:
There are two types of Coaching & Challenge Program memberships: 1) Non-Recurring Term Memberships, and 2) Monthly/Annual Recurring Membership . Please refer to the terms for your membership type. Contact billing@healthymoving.com if you have questions about your membership type.
Membership Type: Non-Recurring Term Coaching & Challenge Program Membership
There is a 10-day money back guarantee on your initial One-Year Coaching & Challenge Program membership payment. If you decide the program isn’t for you, simply contact billing@HealthyMoving.com for a full refund within 10-days of your initial one-year membership payment. (Of course, this would mean your access to all program content will be discontinued.)
Your membership will automatically end, and all program access will expire at the end of your membership term. (We will reach out to you toward the end of your membership with options for renewal, but you will not be automatically billed for future periods.)
If paying through an installment billing payment plan, you are agreeing that you will pay all future installments. Your refund and cancelation window is ONLY within 10-days of initial registration. For example, if your installment agreement is for four payments of $247, you agree that you will make all four payments, for total of $988 within the timeline you signed up for. If a payment is missed, you will be given 3 days to resolve the missed payment, after which point your access to the program and any bonuses you received will be terminated. You can regain access by paying the remaining amount due and a $45 re-instatement fee within 30 days of your missed payment.
Membership Type: Recurring Monthly/Annual Coaching & Challenge Program Membership
Your Coaching & Challenge program membership will continue unless and until you cancel or we terminate it. We will bill the monthly/annual membership fee to the payment method used when signing up. You are responsible for tracking your monthly/annual payment date. If you have lost the confirmation email they sent you with those dates upon registration and you can’t locate it, please contact billing@healthymoving.com, and we will happily look it up for you.
Refunds: You have TEN (10) Days from the date of the original purchase and registration to request a refund for your initial Coaching & Challenge Program membership payment. Any refund request after the TEN (10) DAY time limit will not be processed.
If you decide the program isn’t for you, simply contact billing@HealthyMoving.com for a full refund within 10-days of registration. (Of course, this would mean your access to all program content will be discontinued.)
Once a valid refund request submitted, the refund process will take no more than 14 days.
Cancellations: You may cancel your Coaching & Challenge Program membership at any time. You must cancel your membership before it renews in order to avoid billing of the next month’s (if paying monthly) or year’s (if paying annually) membership fees.
Simply email billing@HealthyMoving.com with your username to cancel. You will receive confirmation of the cancellation. If you do not see it within 48 hours of your request, please email billing@HealthyMoving.com as this is an indication we have not received your request.
Upon cancelation, you will continue to have access to all of the Coaching & Challenge Program classes on HealthyMoving.com for the remainder of the term you have paid for. However, you will lose access to the Facebook Group and stop receiving program emails immediately.
Refunds are not available for subsequent monthly Coaching & Challenge membership payments (i.e., payments after your first month). If you cancel after a subsequent monthly payment has been made, you will continue to have access to all of the Coaching & Challenge Program classes on HealthyMoving.com for the remainder of the month you have paid for. However, you will lose access to the Facebook Group and stop receiving program emails immediately.
Refunds for subsequent annual Coaching & Challenge Program payments (i.e., payments after your first year) will be granted, less a $20 administrative fee, if requested within 10 days of payment. Refunds are not available for subsequent annual Coaching & Challenge membership payments after 10 days. If you cancel more than 10-days after a subsequent annual payment, you will continue to have access to all of the Coaching & Challenge Program classes on HealthyMoving.com for the remainder of the year you have paid for. However, you will lose access to the Facebook Group and stop receiving program emails immediately.
Important Note About Membership Rates: We do not raise the membership rate for current members. As long as you remain an active member, your monthly/annual payment amount will never go up. However, if you cancel and later wish to re-join, you will be subject to the membership rate in effect at the time you re-join.
Premium Monthly/Annual Membership:
We’ll cancel your premium monthly/annual membership, no questions asked, at anytime. Simply email billing@HealthyMoving.com with your username to cancel. You will receive confirmation of the cancellation directly from Paypal. If you do not see it within 48 hours of your request, please email billing@HealthyMoving.com as this is an indication we have not received your request.
Refunds are not available for monthly premium membership payments, but if you cancel in the middle of your subscription month, you will continue to have access to all premium library content for the remainder of the month you have paid for. Your access to premium library content will terminate at the end of the month you’ve paid for.
A full refund, less a $20 administrative fee, will be granted for annual premium membership payments, if requested within 10 days of payment. Refunds are not available for annual premium membership payments after 10 days, but if you cancel in the middle of your subscription year, you will continue to have access to all premium library content for the remainder of the year you have paid for. Your access to premium library content will terminate at the end of the term.
Once a valid refund request submitted, the refund process will take no more than 14 days.
Private 1:1 Sessions
Private session payment is due in full 48 hours prior to your session. If you cancel your appointment with at least 24 hours notice the fee is fully refundable or can be applied to a rescheduled session. There is a $50 cancelation fee for appointments cancelled with less than 24 hours notice. The balance of your payment is refundable or can be applied to a rescheduled session.
Once a valid refund request submitted, the refund process will take no more than 14 days.
Notices
Prices subject to change without notice to non-subscribers. Lifetime access is available as long as the course/program is available. If for some reason the course offered with lifetime access is planned to be taken down, you will be given generous notice and a chance to download all the materials beforehand.
Privacy
Your use of HealthyMoving.com is subject to Healthy Moving’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting HealthyMoving.com or sending emails to Healthy Moving constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Healthy Moving is not responsible for third party access to your account that results from theft or misappropriation of your account. Healthy Moving and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Healthy Moving does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use HealthyMoving.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
HealthyMoving.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of HealthyMoving.com and Healthy Moving is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Healthy Moving is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Healthy Moving of the site or any association with its operators.
Certain services made available via HealthyMoving.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the HealthyMoving.com domain, you hereby acknowledge and consent that Healthy Moving may share such information and data with any third party with whom Healthy Moving has a contractual relationship to provide the requested product, service or functionality on behalf of HealthyMoving.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use HealthyMoving.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Healthy Moving that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, videos as well as the compilation thereof, and any software used on the Site, is the property of Healthy Moving or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Healthy Moving content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Healthy Moving and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Healthy Moving or our licensors except as expressly authorized by these Terms.
Use of Communication Services
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.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication
Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Healthy Moving has no obligation to monitor the Communication Services. However, Healthy Moving reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Healthy Moving reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Healthy Moving reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Healthy Moving’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Healthy Moving does not control or endorse the content, messages or information found in any Communication Service and, therefore, Healthy Moving specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Healthy Moving spokespersons, and their views do not necessarily reflect those of Healthy Moving.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to HealthyMoving.com or posted on any Healthy Moving Web Page
Healthy Moving does not claim ownership of the materials you provide to HealthyMoving.com (including feedback and suggestions) or post, upload, input or submit to any Healthy Moving Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Healthy Moving, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Healthy Moving is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Healthy Moving’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your Healthy Moving account to third party accounts. By connecting your Healthy Moving account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by Healthy Moving from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Healthy Moving Content accessed through HealthyMoving.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Healthy Moving, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
Healthy Moving reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Healthy Moving in asserting any available defenses.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HEALTHY MOVING LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
HEALTHY MOVING LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. HEALTHY MOVING LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HEALTHY MOVING LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HEALTHY MOVING LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Healthy Moving reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Healthy Moving as a result of this agreement or use of the Site. Healthy Moving’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Healthy Moving’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Healthy Moving with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Healthy Moving with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Healthy Moving with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Healthy Moving reserves the right, in its sole discretion, to change the Terms under which HealthyMoving.com is offered. The most current version of the Terms will supersede all previous versions. Healthy Moving encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Healthy Moving welcomes your questions or comments regarding the Terms. Please email billing@HealthyMoving.com with any questions.