Terms & Conditions

Last updated: November 14, 2023

ACCEPTANCE OF THE TERMS AND CONDITIONS

Mvmtology, LLC (“Mvmtology,” “Company,” “we,” “us,” or “our”) maintains this website, any products or services offered, and other linked and related sites (“Site”) for the use of its clients, vendors, and other Site users (“Users,” “you,” “your”) upon agreement to the following terms. Please read the terms carefully before using the Site. Use of the Site indicates acceptance of these “Terms & Conditions” and forms a binding agreement between you and the company. If you do not agree to these terms, do not use the Site.

MEDICAL DISCLAIMER: NOT MEDICAL NOR PROFRESSIONAL ADVICE

The Company is dedicated to promoting health and well-being through our services, which may include Pilates instruction, physical therapy, and pelvic health services. It is important to note that the information and services provided by our practice are not a substitute for professional medical advice, diagnosis, or treatment. You may wish to consult a doctor or other healthcare provided prior to beginning a new wellness or exercise program with us.

Furthermore, the information contained on our Site or otherwise made available by the Company by any means is intended for informational purposes only and is not intended to constitute, or be a substitute for, medical advice, physical therapy, pelvic health physical therapy, or personalized coaching for any reason, and nothing herein is designed to provide, or act as a substitute for, a medical diagnosis, treatment, or other medical service.

Use of the Site or any other materials provided by the Company does not make you a client and no therapist-patient or instructor-client relationship is formed until a service is booked and both a Client Agreement and Liability Waiver are signed. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.

If you require physical therapy services and are located in a state other than in which we are licensed (Massachusetts), please discuss your needs with your doctor or a physical therapist in your area. If you require Pilates instruction and are unable to travel to our Brookline office, virtual Pilates instruction is available.

ACCESSING THE WEBISTE AND ACCOUNT SECRUITY

We reserve the right to withdraw or amend this Site, any service or material we provide on the Site, and/or these Terms and Conditions in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. We may occasionally restrict access to some parts of the Site, or the entire site, to Users, including registered Users.

You are responsible for both:

  • making all arrangements necessary for you to have access to the Site.

  • ensuring that all persons who access the Site through your internet connection are aware of these Terms and Conditions and comply with them.

Our Site is not intended for, nor do we collect or maintain information from individuals under the age of 18. We do not knowingly solicit from nor market to children under 18 years of age. If you are under 18, you may only use our Site under the supervision of a parent or guardian. If we discover or are otherwise notified that we have received any such information from users less than 18 years of age in violation of this policy, we will delete that information. If you become aware of any data we may have collected from children under the age of 18, please contact us directly.

INTELLECTUAL PROPERTY RIGHTS

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) (“Materials”) are owned by The Company, its licensors, or other providers of such Material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms and Conditions permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Material on our Site for any commercial or non-personal purpose or use. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms and Conditions, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the Materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.

TRADEMARK AND COPYRIGHT

The Company name, trademarks, logos, and all related names, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. The Materials on this Site are copyrighted, and any unauthorized use of any Materials on this Site may violate copyright, trademark, and other laws.

PROHIBITED USES

You may use the Site only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Site:

  • in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

  • for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

  • to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

  • to impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

  • to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site, or expose them to liability.

Additionally, you agree not to:

  • use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.

  • use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.

  • use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms and Conditions, without our prior written consent.

  • use any device, software, or routine that interferes with the proper working of the Site.

  • introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

  • attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.

  • attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

  • otherwise attempt to interfere with the proper working of the Site.

DISCLAIMER OF WARRANTIES AND RELIANCE ON INFORMATION POSTED

The Materials provided at this site are provided “as is” and “as available” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. The Company, nor any person associated with the Company, does not further warrant the accuracy, completeness, security, reliability, quality, or availability of the Materials at this Site. Without limiting the foregoing, neither the Company nor any persons associated with the Company represents or warrants that the Site, its content, or any services or items obtained through the Site will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our Site or the server that makes it available are free of viruses or other harmful components, or that the website or any services or items obtained through the website will otherwise meet your needs or expectations. Your use of the Site, its content, and any services or items obtained through the Site is at your own risk. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Site or any services or items obtained through the Site or to your downloading of any material posted on it, or on any website linked to it. The Company may make changes to the Materials at this Site, or to the services and prices described, at any time without notice. The Materials at this Site may be out of date, and the Company makes no commitment to update them.

Certain content, products, and services available via our Site may include materials from third parties. The third-party links on this Site may direct you to third-party websites that are not affiliated with us and not under our control. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the third-party website or any association with its operators. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

LIMITATION OF LIABILITY

In no event will the Company, its affiliates, or their licensors, service providers, employees, agents, officers, directors, or other third parties mentioned at this Site be liable for any damages whatsoever (including, without limitation, those resulting from interruption of services or inaccurate information) arising out of the use, inability to use, or the results of the use of this Site, any websites linked to this Site, or the Materials contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages.

In no event shall the Company be liable to you for any indirect, consequential, or special damages. The Company’s entire liability under this Agreement, and your exclusive remedy, shall be limited to the amount actually paid by you to the Company under the Client Agreement.

INDEMNIFICATION

The User shall indemnify, defend, and hold harmless the Company, its affiliates, licensors, and services providers, and its and their respective officers, directions, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorney fees and costs, that the Company may incur or suffer and that arise from the performance of the Company’s Services and (i) from the User’s breach or failure to perform any of the obligations set forth in this Agreement, or (ii) from the User’s negligence or any willful act, or (iii) from the User's failure to comply with, or breach by the User of, any applicable federal, state or local laws and regulations.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE

All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

GEOGRAPHIC RESTRICTIONS

The owner of the Site is based in the Commonwealth of Massachusetts in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

ARBITRATION

These Terms and Conditions are governed by the laws of the Commonwealth of Massachusetts, USA. At the Company’s sole discretion, it may require the User to submit any disputes arising from these Terms and Conditions or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Massachusetts law. The User agrees to waive any objection to the jurisdiction of such venue or any right to trial by jury.

WAIVER AND SEVERABILITY

No waiver by the Company of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.

ENTIRE AGREEMENT

The Terms and Conditions and Privacy Policy constitute the sole and entire agreement between the User and the Company regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

TERMINATION

Any breach of these Terms and Conditions automatically terminates your authorized use of the Site. We reserve the right in our discretion to refuse, remove, or restrict User access, and terminate use of the Site at any time, for any reason.

EFFECTIVE DATE AND UPDATES

We reserve the right to modify these Terms and Conditions at any time without notice, so please review it frequently. All modifications will be effective immediately upon their posting on the Site. Your use of the Site following any changes constitutes your agreement to such changes.

YOUR COMMENTS AND CONCERNS

This Site is operated by Mvmtology, LLC. All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to us directly here.