Terms and Conditions
Motivation To Move LLC, (MotivationToMove.com) owns and operates this website (hereafter, the “Site,” which shall also include any other websites owned and operated by the Motivation To Move LLC, services related to such operation, product, service, or any communications related to the Motivation To Move LLC). All references hereafter to Motivation To Move LLC, (“we”) shall include its employees, officers, directors, investors, agents, consultants, assignees, affiliates, partners, contractors, attorneys, accountants, advertisers, and any and all other individuals and organizations providing services on behalf of Motivation To Move LLC.
By using the Site, you, the user of the Site (“you”), agree to the terms, conditions, notices and guidelines contained in this Terms and Conditions of use Agreement (the “Agreement”) and all modifications hereto. We reserve the right, at our discretion, to change, modify, add, or remove portions of this Agreement at any time. You should randomly check the Site for changes to this Agreement. Your continued use of the Site following the posting of changes to this Agreement means you accept those changes. Please e-mail any questions regarding this Agreement to firstname.lastname@example.org. If you do not agree and comply with this agreement, then please do not use the site. Motivation To Move LLC reserves the right to refuse service or revoke service to any party, or person at any time. These decisions will be made by the Motivation To Move LLC in its sole discretion.
Proprietary Rights; License to Use Content
This Site is owned and operated by Motivation To Move LLC and, in the case of certain features and content, its affiliates, licensors and/or third party service providers, and unless otherwise indicated, all the content appearing on the Site, including but not limited to, any streams, live simulcasts or on-demand streams (collectively, “Content”) is the property of Motivation To Move LLC and its affiliates, licensors and/or third party service providers and protected, without limitation, by U.S. and foreign copyright, trademark and other intellectual property laws. All trademarks, service marks, trade names, logos and other indicia of origin (collectively, “Marks”) appearing on the Site are the property of Motivation To Move LLC, its affiliates, licensors, and/or third party service providers.
We grant you a limited, conditional, no-cost, non-exclusive, non-transferable, non-sub-licensable license to view this Site and view or listen its Content in real time as permitted by these Terms for non-commercial purposes only if, as a condition precedent, you agree that you will not:
Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
Manipulate identifiers, including by forging headers, to disguise the origin of any posting that you submit;
Link to any portion of the Site other than the URL assigned to the home page of our site;
“Frame” or “mirror” any part of the Site;
Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site;
Remove any copyright, trademark or other proprietary rights notices contained on the Site;
Use any automated software or computer system, robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure, copy protection systems, or presentation of the Site or its Content. Operators of public search engines may use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time;
Reproduce, copy, republish, upload, post, transmit, retransmit, modify, display, publicly perform, distribute or create derivative works of, the Site, the Content or any portion thereof, or remotely store any portion of the Site or Content , or encourage or provide technological means that will allow you or others to do any of the things prohibited by this license, except that when you enter into a Premium On-Demand Subscription that permits you to record Content pursuant to the terms of that Subscription Agreement, you may download one copy of such Licensed Content on your single computer for your personal non-commercial use provided you keep intact all copyright and other proprietary notices.
This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Proprietary Rights; And License To Use Content section. This license exists only so long as you strictly comply with each of the provisions described in this section. Any use of the Site or Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in this section exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, public performance, display, or creation of unauthorized derivative versions of the Site and Content, and infringes our copyrights and other rights in the Site and Content. You will not acquire any ownership rights by using the Site or the Content.
NO CONTENT ON THE WEBSITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. MOTIVATION TO MOVE LLC AND THOSE POSTING OR OTHERWISE PROVIDING INFORMATION, SERVICES OR MATERIAL ON THE WEBSITE ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON THE WEBSITE.
Except as otherwise provided herein, any and all comments, suggestions, ideas, graphics, videos, content, data and other information that you transmit to Motivation To Move LLC through the Site (each, a “Submission”) shall remain your sole and exclusive property, and you shall be solely responsible for your Submission and the consequences of posting or publishing it. By submitting your Submission, you hereby grant Motivation To Move LLC and its successors and assigns a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable (through multiple tiers) and transferable license (with a right to create derivative works) to use, copy, transmit or otherwise distribute, perform, publicly perform and display your Submission for any legal purposes whatsoever now known or hereinafter becomes known. You also grant each user of the Site a non-exclusive license to access your Submission through the Site and to use, copy, transmit or otherwise distribute, perform, publicly perform, create derivative works of, and display your Submission to the extent expressly authorized by Motivation To Move LLC on the Site and/or in this Agreement.
By making a Submission, you waive the right to make any claim against the Motivation To Move LLC (as defined below) related to the Submission, including, but not limited to, unfair competition, invasion of privacy, negligence, breach of implied contract or breach of confidentiality, and you further waive all moral rights you may have in any materials uploaded or sent to us by you. You represent and warrant that your Submission: (a) shall be true, accurate, current, complete and not misleading, (b) shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights, (c) shall not be fraudulent or involve counterfeit or stolen information or items, (d) shall not violate any law, statute, ordinance or regulation, and (e) shall not create any liability for Motivation To Move LLC or any of the Motivation To Move LLC. You also agree to maintain and promptly update your Submission using the Site to keep that information true, accurate, current and complete.
If you choose to become a registered user of any of part of the Site, you agree that you will provide true, accurate, current and complete information about yourself as prompted by the registration process. You also agree to update that information as necessary to maintain its accuracy. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Motivation To Move LLC has reason to believe such information is untrue, inaccurate, not current or incomplete, Motivation To Move LLC has the right to suspend or terminate your account and refuse you any or all current and future use of any of the Site or such other services as the Motivation To Move LLC.
Motivation To Move LLC does not and cannot review all Submissions posted to or created by users accessing the Site, and is not in any manner responsible for the content of these communications or the activities of these users. You acknowledge that by providing you with the ability to view and distribute user-generated content, including, but not limited to, comments to articles and on-demand streams, through the Site, Motivation To Move LLC is merely acting as a passive conduit for the distribution of such information and is not undertaking any obligation or liability relating to the content or the users’ activities. The Motivation To Move LLC does not undertake or assume any duty to monitor the Site for inappropriate content. The Motivation To Move LLC assumes no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, Motivation To Move LLC reserves the right to block or remove communications, postings or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret, intellectual property or other rights of another or (d) offensive or otherwise unacceptable to Motivation To Move LLC in its sole discretion.
You agree not to use the Site to:
Post any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
Harm or threaten to harm users in any way;
Stalk or otherwise harass any other person or entity;
Impersonate any person or entity (including a Motivation To Move LLC agent, enthusiast, or moderator), or falsely state or otherwise misrepresent your affiliation with a person or entity;
Post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation except in areas that are expressly designated by Motivation To Move LLC for such purpose;
Disseminate or transmit any content that infringes or violates any party’s copyright, trademark, trade secret, patent or other proprietary right, including, but not limited to, using third-party copyrighted materials, without appropriate permission, using third-party trademarks without appropriate permission or attribution, or using or distributing third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs;
Violate any law (whether local, state, national, or international), whether or not intentionally;
Forge headers or otherwise manipulate identifiers to disguise the origin of any Submission;
Post any content that you do not have a right to under any law or under contractual or fiduciary relationship (which includes inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Interfere with or disrupt the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
Collect or store personal data about other users;
Engage in any activities that could violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; or
Post any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
Product and Membership Purchases
If you purchase anything from the Motivation To Move LLC, you hereby agree that the Motivation To Move LLC may immediately authorize your credit card (or other approved facility) in the amount equal to the then applicable prices for the products/services you have requested. Similarly, if you are purchasing anything from the Motivation To Move LLC with a written description of a recurring payment plan (including but not limited to “per month”, “month-to-month”, “annual”, “renewing”, “recurring”), you hereby agree that the Motivation To Move LLC may continue to authorize your credit card (or other approved facility) in the amount equal to the agreed upon recurring prices for the products/services you have requested during the agreed upon time frame for said product. Payment for the services or products provided to you at and/or through this Site may be made by automatic credit card or check debit, and you authorize the Motivation To Move LLC to transact such payments on your behalf. You agree to be personally liable for all charges you incur during or through the use of the Site.
If you have a question about a transaction on your credit card statement, please use the links in the Customer Service section on MotivationToMove.com to contact customer service.
Trial Membership Subscription Purchases
Products offered with a “trial” period, in which the user gains members-only access to this website without or with a one-dollar purchase, are part of a recurring subscription service. By accepting the trial membership, the user authorizes the Motivation To Move LLC and the operators of this website to charge his/her credit card at the end of the trial period, unless the subscription is properly canceled before the trial period ends. If the user is not satisfied for any reason, he/she may cancel before trial ends, and will not be charged. After the trial ends, user’s membership will continue for the stated amount on a regular basis. The user’s credit card will be charged at the beginning of each billing cycle and will continue until the user cancels his/her subscription.
Cancellation Policy for Recurring Subscriptions
Cancellation of a recurring subscription, including but not limited to the MotivationToMove.com, Daily Boost Premium, Click Coaching, Mastermind or Platinum Memberships, can be made at any time before the next billing date. For immediate processing of cancellation go to your MY ACCOUNT page and click “Cancel My Account” You may also contact us by email within 72 hours of your next billing to guarantee timely cancellation of your account. Your 72-hour advanced notice cancellation request will be processed before your next billing and a confirmation will be sent to the email address associated with your account. Email cancellation requests received with less than 72 hours notice before next billing may or may not be processed before next billing date. When Motivation To Move LLC has confirmed your cancellation, your credit card will no longer be charged for the recurring subscription in question, unless said subscription is purchased again by a user of using your account.
Refund Policy for Membership and Recurring Programs
Purchase of any Motivation To Move LLC and/or MotivationToMove.com membership, including but not limited to the “Daily Boost Premium”, “Click Coaching”, “Mastermind”, or “Platinum Membership” monthly or any other plan will be given based on the sole discretion of the Motivation To Move LLC. If you cancel, you will continue to have access until the end of your paid period. All sales are final and no refunds and/or credits will be given for remaining time on any canceled recurring membership.
Refund Policy for “Trial” Products
Trial memberships, in which one-dollar or no financial transaction or purchase is made in exchange for access to members-only portions of this website, are not eligible for any refund, If user does not cancel his or her subscription by following the steps mentioned in these Terms and Conditions of Service before the end of the trial period, any charges made thereafter to users account will not be eligible for refund.
Refunds of Physical Product Purchases
If for any reason you are not satisfied with your product purchase, please contact us at email@example.com with your refund request within 30 days of purchase. You will be required to return the product in its original condition. Upon receipt of the returned product, Motivation To Move LLC will initiate a refund of the original purchase price of your item, less shipping and handling charges.
Cancelation and Refunds for Coaching, Consulting, Production and Speaking Services
Due to the nature of services rendered by the staff of Motivation To Move LLC, no refunds will be given for, but not limited to, Coaching, Consulting, Production, Done For You Services, and Speaking Services. All sales are final. Any cancellation requirements will be specified within a specific agreement for services. If not, the cancellation will be required 15 days before your next billing date. Otherwise, your cancellation will take place in the next 30 day billing period. You must notify us by writing to firstname.lastname@example.org. You will receive a written confirmation of your request. If not, your cancellation is not valid. If that is the case, please contact us using the phone number on our Contact page on the website to request a re-send of confirmation.
Re-Downloading Previously Purchased Content
Any digital downloads offered through subscription membership, one-time downloads, or other form of purchase will be available for download by member for the stated duration of the paid period. Member or purchaser of the digital download product has the right and responsibility for downloading and maintaining his or her purchase within the agreed and stated time of paid access. After this paid period has ended, product will no longer be available for download. Due to the nature of digital downloads, Motivation To Move LLC is not responsible for any lost, misplaced, corrupt, or otherwise unusable digital product beyond the paid period of access. Re-downloads after a paid period has ended will not be permitted.
The Site and all of its content including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, video material, and audio clips, mp3’s (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Motivation To Move LLC or the party credited as the provider or owner of the Intellectual Property. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property ofMotivation To Move LLC and protected by U.S. and international copyright laws. All software and programming (code) used on the Site is the property of Motivation To Move LLC or commercial software suppliers and is protected by U.S. and international copyright laws.
Subject to the terms and conditions hereof, you may view, copy, download, or print material appearing on the Site subject to the following conditions:
The material may only be used for your personal, non-commercial use;
The material may not be modified;
All copyright, trademark, and other proprietary notices contained in all such copies must be kept intact; and The copyright notice and permission notice: “Copyright © Motivation To Move LLC/MotivationToMove.com, All Rights Reserved” must appear on each copy.
The copying, modification, revision, reproduction, republication, uploading, posting, transmission, or distribution for commercial or non-personal purposes of any other material or element from the Site including, but not limited to, the design or layout of the Site, individual elements of the Site’s design, or Motivation To Move LLC logos without the express written permission of Motivation To Move LLC, or other owners of the Intellectual Property is strictly prohibited. For purposes of this Agreement, the use of any such material on any other website without the express written approval of Motivation To Move LLC.
Limits on Liability
Motivation To Move LLC is not liable for:
The contents of any communication, message, or other information sent by you or third parties to or through Motivation To Move LLC, MotivationToMove.com or posted by you or other third parties on any part of the Site;
The contents of any website not controlled, owned, or operated by Motivation To Move LLC that is accessed from or linked to any part of the Site;
Any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure;
The results of any interpersonal interactions to which you are exposed or in which you become involved through the Site or other Motivation To Move LLC, and
Any direct, indirect, incidental, special, or consequential damages arising out of or relating to use of or inability to use any of the Site or related services, or download any of the software through any of the Site, even if Motivation To Move LLC has been advised of the possibility of such damages. If you are dissatisfied with any portion of any of the Site, or with any of these Terms of Service, your sole and exclusive remedy is to discontinue using the Site.
The Site may include links to other Internet sites, both related and unrelated to the Site. Additionally, other sites may link to the Site with or without the permission of Motivation To Move LLC Motivation To Move LLC is not responsible for the content or availability of these sites.
Descriptions of or references to individuals, companies, products, services or publications not owned by Motivation To Move LLC on the Site or any linked website do not imply any endorsement of such individuals, companies, products, or publications by Motivation To Move LLC Motivation To Move LLC shall not be liable for any damages or costs arising out of or in any way connected with your use or involvement with any of the individuals, companies, products, services, or publications accessed through the Site.
You agree to indemnify and hold Motivation To Move LLC, its directors, officers, employees, agents and representatives harmless from all claims, liabilities, losses, damages, and expenses (including attorneys’ fees and expenses) arising out of or relating to (a) your use of any parts of the Site or related services; (b) your use of any products or services offered by third-parties through the Site; (c) your download and/or use of any of the software available for download through any part of the Site; or (d) your alleged breach of this Agreement.
Motivation To Move LLC will not be responsible for any delay, failure in performance or interruption of service, resulting directly or indirectly from acts of God, acts of civil or military authorities, civil disturbances, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophes or any other occurrences which are beyond the Motivation To Move LLC reasonable control.
Digital Millennium Copyright Act (DMCA) Infringement Notification
If you believe that any of the materials on the Site infringe your copyright, you should notify Motivation To Move LLC of your copyright infringement claim in accordance with the procedures described below. Motivation To Move LLC will process claims of alleged infringement and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. Any claimed copyright infringement notifications should be sent to Motivation To Move LLC designated agent: [NOTE, Motivation To Move LLC MUST REGISTER ITS DMCA AGENT WITH THE US COPYRIGHT OFFICE]
Disclaimer of Warranties
The information, material, services, and products (including the products and services offered through the Site and provided by third parties) included on any part of the Site may include inaccuracies, typographical errors, bugs and other problems. Motivation To Move LLC may make changes or improvements to the Site at any time.
ALL OF THE CONTENT, PRODUCTS AND SERVICES ON THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MOTIVATION TO MOVE LLC DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOTIVATION TO MOVE LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ITS CONTENT, INCLUDING THIRD-PARTY AND SERVICES OFFERED THROUGH THE SITE, ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOTIVATION TO MOVE LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE WEBSITE AND ITS CONTENT, INCLUDING THIRD-PARTY PRODUCTS AND SERVICES OFFERED THROUGH THE SITE, AVAILABLE ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE.
USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE USE OF ANY INTERACTIVE AREA, ANY SOFTWARE, ANY SOFTWARE DOWNLOADS, AND ANY THIRD-PARTY PRODUCTS AND SERVICES OFFERED THROUGH THE SITE IS AT YOUR EXCLUSIVE RISK AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
In addition and without prejudice to any other legal or equitable remedies available to Motivation To Move LLC, Motivation To Move LLC may terminate this Agreement at any time and for any reason whatsoever. You may terminate this Agreement by closing your account with Motivation To Move LLC, and paying any and all outstanding balances owed by you to Motivation To Move LLC under that account. You agree that the entire and sole remedy available to you in case a of any complaint or damages incurred by your use of the Site is the refund of your most recent membership fee payment, if any.
This Agreement shall be governed by the laws of the State of Florida applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within Seminole, Florida will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. The losing party shall pay all reasonable fees and costs (including attorneys’ fees) resulting from any claim or dispute arising from this Agreement.
The Site is owned and operated by Motivation To Move LLC from the State of Florida, United States of America. Motivation To Move LLC makes no representation that content on any part of the Site is appropriate or available for use in other locations. Those who choose to access any part of the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Site may contain references to products or services not available in all countries. Motivation To Move LLC does not market all of its products or services in all countries. Software or Code from any part of the Site may be subject to U.S. and Canadian export controls.
Any rights not granted herein are reserved to and by Motivation To Move LLC this Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. All applicable sections of this Agreement shall survive any termination or cancellation of this Agreement. If any term of this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import. This Agreement may be assigned by Motivation To Move LLC at any time.
A printed version of this Agreement and any notice given in electronic form shall be admissible in judicial proceedings 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.
Equal Opportunity Employer
Motivation To Move LLC reserves the right to post information about employment opportunities with the company on any part of the Site. Motivation To Move LLC is an equal opportunity employer, employing people without paying attention to race, sex, religion, nationality, age or disability.
The Site is owned and operated by Motivation To Move LLC, 2200 Winter Springs Blvd, Oviedo Florida 32765. For further information about Motivation To Move LLC or the Site, please visit the “Contact Us” section of the Site to email us. You may have this same information sent to you by e-mail by sending a letter to Motivation To Move LLC at the address above with your e-mail address and a request for this information.