IoM provides health and human performance education and programming through in-person classes, mobile applications and online information. These Terms of Service (āTermsā) govern the use of our products and services, including our website, including instituteofmotion.com, platform.instituteofmotion.com, the IoM mobile applications, memberships and other IoM services (collectively, the āIoM Serviceā).
You must accept these Terms to create a IoM account and to use the IoM Service.
Change of Terms
These Terms may change over time. If we make minor changes to the Terms without materially changing your rights, we will post the modified Terms on www.instituteofmotion.com and platform.instituteofmotion.com.
if we make a modification that materially changes your rights, we will notify you by email or by pop up, through the IoM Service, to accept.
When you use the IoM Service after a modification is posted, you are telling us that you accept the modified terms.
Who Can Use IoM?
You may use the IoM Service if you are over 13 years of age and are not barred from receiving services under applicable law.
Creating an Account
Full use of the IoM Service requires that you create an account by providing us with a valid email address and strong password. You are responsible for all activity that occurs in association with your account. IoM is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials.
We may need to contact you about your use of the IoM Service. These communications are part of the IoM Service and you may not opt-out from receiving them. You can manage and opt-out from receiving other communications and keep your email address up-to-date from your account settings.
Necessary Equipment
Full use of the IoM Service is dependent upon your use of a mobile device with adequate software and Internet access. The maintenance and security of this equipment may influence the performance of the IoM Service and it is your responsibility to ensure the equipmentās functionality.
IoMās Rights
āIoM Contentā includes any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the IoM Service to you. Except for Your Content, IoM Content, the IoM Service and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the IoM Service.
What You Can Do On The IoM Service
IoM grants you a limited, non-exclusive, non-transferable, non-sublicensable license to (1) access and view the IoM Content, (2) access and use the software and mobile applications provided by the IoM Service, and (3) use the software that is embedded into IoM products as authorized in these Terms. This license is provided solely for your personal use and enjoyment of the IoM Service as permitted in these Terms.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the IoM Content, IoM Service or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by IoM or its licensors, except for the licenses and rights expressly granted in these Terms.
Things You Cannot Do On The IoM Service
Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the IoM Service: (1) use, display, mirror or frame the IoM Service or any individual element within the IoM Service, IoMās name, any IoM trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without IoMās express written consent; (2) access or tamper with non-public areas of the IoM Service, IoMās computer systems, or the technical delivery systems of IoMās providers; (3) test the vulnerability of any IoM system or breach any security or authentication measures; (4) circumvent any technological measure implemented by IoM or any of IoMās providers or any other third party (including another user) to protect the IoM Service or IoM Content; (5) access the IoM Service or IoM Content through the use of any mechanism other than through the use of an Authorized Connection, IoM Service or IoM API; or (6) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that IoM provides to you or any other part of the IoM Service.
Our Enforcement Rights
We are not obligated to monitor access or use of the IoM Service, IoM Content, or Your Content or to review or edit any IoM Content or Your Content, but we have the right to do so for the purpose of operating the IoM Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable access to the IoM Service, any IoM Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the IoM Content, Your Content, or your use of the IoM Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the IoM Service.
Use The IoM Service At Your Own Risk
Our goal is to provide helpful and accurate information on the IoM Service, but we make no endorsement, representation or warranty of any kind about any IoM Content, information, services or recommendations.
We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the IoM Service. If you rely on any IoM Content and or the IoM Service, you do so solely at your own risk.
Consult Your Doctor Before Using The IoM Service
The IoM Service is not intended to diagnose, treat, cure, or prevent any disease. Consult your doctor before using any of the IoM Service. If you experience a medical emergency, stop using the IoM Service and consult with a medical professional. We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through the IoM Service. If you engage in any exercise program you receive or learn about through the IoM Service you agree that you do so at your own risk and are voluntarily participating in these activities. Use of the IoM Service should not replace your good judgment and common sense.
Feedback And Submissions Policy
If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by IoM, or obtained from sources other than you.
Contests And Giveaways
Additional terms and conditions may apply to contests, giveaways and other promotions sponsored by IoM and its partners. It is your responsibility to carefully review those terms and conditions.
You Agree to Receive Alerts And Notifications
As part of your use of the IoM Service, you may receive notifications, text messages, alerts, or emails. You agree to the receipt of these communications. You can control receipt of non-service related communications from your account settings. You are responsible for any messaging or data fees you may be charged by your wireless carrier.
We Are Not Responsible For Third-Party Links On The IoM Service
The IoM Service contains links to third-party websites, apps, services and resources (collectively āThird-Party Servicesā) that are not under IoMās control. We provide these links only as a convenience and are not responsible for the content, products or services that are available from Third-Party Services. You acknowledge sole responsibility and assume all risk arising from your use of any Third-Party Services.
IoM Does Not Control Third-Party Services That You Link With Your IoM Account
The IoM Service may provide the opportunity for you to link your IoM account, IoM data, or the IoM Service with Third-Party Services. Although we offer this opportunity, you acknowledge that any Third-Party Services that you use in connection with the IoM Service are not part of the IoM Service. You acknowledge that these Terms and the IoM Privacy Policy do not apply to any Third-Party Services. You are responsible for reading and understanding the terms and conditions and privacy policy that applies to your use of any Third-Party Services.
Changes To The IoM Service
IoM may change or discontinue, temporarily or permanently, any feature or component of the IoM Service at any time without notice. IoM is not liable to you or to any third party for any modification, suspension or discontinuance of any feature or component or content of the IoM Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by IoM products without prior notice to you.
Termination
If you violate these Terms, we reserve the right to deactivate your account or terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such termination, we may delete Your Content and other information related to your account. You may cancel your account at any time by contacting info@instituteofmotion.com . Upon any termination, discontinuation or cancellation of the IoM Service or your account, the following provisions of these Terms will survive: Posting Your Content On The IoM Service; IoMās Rights; Our Enforcement Rights; Consult Your Doctor Before Using The IoM Service; Termination; Disclaimers; Indemnity; Limitation of Liability; Dispute Resolution; and General Terms.
Disclaimers
THE IOM SERVICE AND IOM CONTENT ARE PROVIDED āAS IS,ā WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS/WELLNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the IoM Service or IoM Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the IoM Service or any IoM Content. You acknowledge and agree that if you rely on any IoM Content or the IoM Service, you do so solely at your own risk.
Indemnity
You will indemnify and hold harmless IoM and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneysā fees arising out of or in any way connected with (i) your access to or use of the IoM Service, (ii) Your Content, or (iii)your breach of any warranties made by you hereunder or your violation of any other provision of these Terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
No Incidental, Special, Exemplary, or Consequential Damages
NEITHER IOM, ITS SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE IOM SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE IOM SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT IOM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT WILL IOMāS TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE IOM SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO IOM FOR USE OF THE IOM SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO IOM, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN IOM AND YOU.
Dispute Resolution
You agree that any dispute between you and IoM arising out of or relating to these Terms of Service, the IoM Service, or any other IoM products or services (collectively, āDisputesā) will be governed by the arbitration procedure outlined below.
Governing Law:Ā The Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles.
Informal Dispute Resolution:Ā We want to address your concerns without needing a formal legal case. Before filing a claim against IoM, you agree to try to resolve the Dispute informally by contactingĀ info@instituteofmotion.comĀ . Weāll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 30 days after submission, you or IoM may bring a formal proceeding.
We Both Agree To Arbitrate:Ā You and IoM agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate:Ā You can decline this agreement to arbitrate by contactingĀ info@instituteofmotion.comĀ within 30 days of first accepting these Terms of Service and stating that you (include your first and last name and email address) decline this arbitration agreement.
Arbitration Procedures:Ā The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States, County of San Diego, state of California.
Exceptions to Agreement to Arbitrate:Ā Either you or IoM may assert claims, if they qualify, in small claims court in San Diego (CA). Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the IoM products or IoM Service, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Actions:Ā You may only resolve Disputes with IoM on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations arenāt allowed under our agreement.
Judicial Forum for Disputes:Ā In the event that the agreement to arbitrate is found not to apply to you or your claim, you and IoM agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of San Diego County, California. Both you and IoM consent to venue and jurisdiction there.
Limitation on Claims:Ā Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the IoM products or IoM Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
General Terms
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between IoM and you regarding the IoM Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between IoM and you regarding the IoM Service and IoM Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without IoMās prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. IoM may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by IoM under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the IoM Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
IoMās failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of IoM. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Additional Terms May Apply
Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.
Contact Us
Please contact us if you have any questions about these Terms.
Institute of Motion
info@instituteofmotion.com
