Date of last revision: November, 2022
YOUR RELATIONSHIP WITH US
Welcome to the movr mobile application and associated services (the “App”), which is provided by Movr Fitness Inc. or one of its affiliates (“movr”, “we”, “our” or “us”).
2. CHANGES TO THE TERMS
For clarity, if any of the terms and conditions of these Terms, or any future changes thereto, are unacceptable to you, you may: (i) discontinue you use of the Platform; and/or (ii) if you have set up an account, delete your account in the settings page of the movr app; and/or (iii) email email@example.com. Your use of the Platform now, or your continued use of the Platform following the implementation of revised Terms, will indicate acceptance by you of such Terms or changes. If you do not agree to these Terms, as amended from time to time, you must stop accessing or using the Platform.
This Platform is intended solely for users who are at least the age of majority in their jurisdiction of residence and it is a violation of these Terms for anyone under the age of majority in their jurisdiction of residence to register for the Platform. By registering for an account, you represent and warrant that you are at least the age of majority in your jurisdiction of residence. We may terminate your account and prohibit you from using or accessing the Platform (or any portion, aspect or feature of the Platform), without warning, if we have reason to believe you have misrepresented your age, whether older or younger.
4. YOUR ACCOUNT AND SECURITY
In consideration for your use of the Platform, you hereby agree to: (a) provide true, accurate, current and complete information about yourself as requested by any registration forms on the Platform (“Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. By providing Registration Data to us through the Platform, you will provide personal account information. You hereby agree to be fully responsible for: (i) all use of your user account; (ii) any actions that take play using your account by any person or automated process; (iii) maintaining the confidentiality and security of your account and passwords; and (iv) immediately notifying us upon any unauthorized use of your account or password, or if you know of any other breach of security in relation to the Platform. You further agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your account. movr is not responsible, and will not be liable, for any loss or damage arising from any unauthorized use of your account, with or without your knowledge. You must not register for an account on behalf of any individual other than yourself, or register for an account on behalf of any group or non-individual entity unless you are duly authorized to do so by such group or entity.
We have provided ways for you to contact us about various issues on our website at www.movewithmovr.com . You acknowledge and understand that these are the only authorized ways to contact us. Third parties may advertise or publish alternative ways to contact us or use other measures to pose as movr. We cannot verify the authenticity of any such alternative contacts, advertisements, publications or other information, and they pose a risk of fraud and other malfeasance, so we strongly recommend a degree of caution when reviewing such advertisements, publications or other information, and that you do not attempt to contact us using these methods. You agree that we cannot be held liable for unauthorized access to your account or other loss resulting from such fraud or other malfeasance by third parties.
5. PHYSICAL ACTIVITY NOTICE
IF YOU HAVE A PRIOR HISTORY OF EXPERIENCING ANY ADVERSE HEALTH EFFECT AS A RESULT OF PARTICIPATING IN PHYSICAL ACTIVITY, FOR YOUR OWN SAFETY, DO NOT USE OUR PLATFORM.
The Platform may include features that promote physical activity. You should consider the associated risks involved and consult with your medical professional(s) or healthcare provider(s) before engaging in any physical activity or using the Platform. By using the Platform, you agree, represent and warrant that you have received consent form you physician to participate in physical activity, fitness or movement health programs, workout, exercises or any of the related activities made available to you in connection with the Platform, or that you have had the opportunity to consult with your physician and obtain such consent but have not considered it necessary. Everyone’s abilities and condition are different, and participation in the activities promoted by the Platform is at your own risk. If you choose to participate in these activities , you do so of your own free will, knowingly and voluntarily assuming all risks associated with such activities.
You understand and agree that we will not carry out are not responsible for any physical inspection, supervision, preparation, execution or conduct of any activities related to or accessed or discovered through the Platform. Except as otherwise set out in these Terms, and to the maximum extent permitted by applicable law, movr is not responsible or liable for any injuries, health problems or damages you may sustain that result from your use of, or inability to use, the Platform or any features of the Platform (including any activities you access or discover through the Platform).
Description of potential risks
The activities promoted on the Platform may be new to you, and will challenge and possibly exceed your level of ability. The reaction of the heart, lung, blood vessels as well as other systems to exercise cannot always be predicted with accuracy, and there is a risk of certain abnormalities occurring during the activities promoted on the Platform. There exists the remote possibility of adverse changes occurring during these activities including, but not limited to, abnormal blood pressure, fainting, dizziness, disorders of heart rhythm, and very rare instances of heart attack, stroke, or even death. The activities promoted on the Platform may lead to injuries including, but not limited to, injuries to the muscles, ligaments, tendons, and joints of the body if adequate warm-up, gradual progression, and safety procedures are not consistently followed. Activities promoted by the Platform may pose risks even to those who are currently in good health.
6. MEDICAL DISCLAIMER
While the Platform may provide access to certain general information, the Platform cannot and is not intended to provide medical advice or replace conventional medical professionals or healthcare providers The Platform is not a medical device and, and the information provided by the Platform is not intended to be utilized for medical purposes or to diagnose, treat, cure or prevent any disease, ailment or injury. To the maximum extent permitted by applicable law, you expressly agree that we are not providing medical advice through the Platform. All movr Content and other information provided through the Platform, whether by us or by other users or third parties, is not intended to be and should not be used in place of (a) the advice of your physician or other healthcare provider(s), (b) a visit, call or consultation with your physician or other healthcare provider(s), or (c) information contained on or in any product packaging or label. Should you have any health related questions, please call or see your physician or other healthcare provider promptly. If you have an emergency, call your physician or your local emergency services immediately.
7. PRODUCT ORDERS
All orders placed through the Platform are subject to movr’s acceptance. This means that movr may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later canceled, movr will issue you a refund.
8. FEES, SUBSCRIPTIONS & REFUNDS
The App is provided, per the terms of this Agreement, without an additional fee unless you have activated the premium features by purchasing a monthly or yearly subscription. A subscription functions as an “in-app” purchase option, which will enable enhanced functionality, including prescribed minis, goal cycles and builder functionality.
Automatically Renewing Subscriptions
If you subscribe to the App, we will automatically renew you subscription at the end of the initial subscription period and, as authorized by you during the registration process, we will charge your credit card with the application subscription fee and any sales or similar taxes that may be imposed on your payment, unless you cancel your subscription through the App or the application distribution platform you subscribed from (e.g., the Apple App Store or the Google Play Store). Subscription payments will be processed by the application distribution platform, such as the Apple App Store or Google Play Store, from which you originally downloaded the App. You may access the applicable “in-app” purchase rules and policies directly from the applicable application distribution platform. Additional terms or conditions may apply to a subscription at the time of order or renewal.
Each renewal period will be for the same length as your immediately preceding subscription period (i.e. if the preceding subscription period was a month, your subscription will auto-renew for a further month, and so on and so forth). You must cancel your monthly or yearly subscription before it renews to avoid the billing of the fees for the next subscription period. We require a reasonable amount of time to process your cancellation request. For greater certainty, if you cancel your subscription after the first day of the renewal period, you will not receive a refund for the fees for that renewal period and you will continue to receive the benefits of your subscription until the end of the then-current subscription period for which you have paid, and your subscription will expire at the end of that period. Subscriptions are managed by the app store of your phone (i.e. Google Play/ Apple Store). To check your next renewal date, go to the settings and subscriptions page in your device.
You agree to pay any fees and charges applicable to any subscriptions you have purchased. You must provide and at all times must maintain accurate, complete and current billing information, including your postal/zip code, credit card number and credit card expiration date. We may suspend or terminate your account and/or access to the Platform if your offered payment method (e.g. credit card) cannot be processed. In addition, order may not be accepted from certain jurisdictions. By providing a payment method, you expressly authorized us and/or our third party payment processor to charge the applicable fees on said payment method, as well as taxes and other charges related thereto, all of which depend on the subscription you have purchased. You agree that we may charge any unpaid amounts to your provided payment method and/or send you a bill for such unpaid fees. If you provide a payment method and our charge results in an overdraft, chargeback or other fee from your bank, you alone are responsible for that fee. If you become aware of a potential breach of security to you billing information (such as credit card loss or theft), you must notify us immediately.
Modifications to Platform and Pricing
movr reserves the right at any time and from time to time to change, modify, add, remove, suspend, cancel or discontinue any aspect of the Platform in our sole and absolute discretion. If the services you paid pursuant to your subscription are materially altered, you will receive notice by email and will have the opportunity to cancel your subscription in your App Store or with the partner you are accessing movr content with.
In addition, we may modify our fees at any time and from time to time. In the event you have purchased a subscription and the corresponding subscription fee has been modified such that you are required to pay a different fee than at the time you purchased your subscription, you will (a) be notified at the email address you provided at least thirty (30) days before you are billed at the modified rate, and (b) have the opportunity to cancel your subscription. If you do not cancel your subscription before the next renewal date, you will be deemed to have accepted the new fees.
To cancel a subscription follow the cancellation procedure provided by the application distribution platform, such as the Apple App Store or Google Play Store, from which you originally downloaded the App. If you have trouble cancelling your subscription for any reason, please email firstname.lastname@example.org and request help with your cancellation. Your subscription will terminate at the end of the then-current subscription period for which you have paid (i.e. your subscription cancellation will be effective on the next renewal date of your subscription).
Subject to Sections 7 and 20 of these Terms, unless prohibited by applicable law, all purchases, including recurring charges, are final and non-refundable.
9. INTELLECTUAL PROPERTY
Intellectual Property Rights
As between you and us, we and our licensors own any and all rights, title and interest in and to the Platform and any and all data and content made available in and through the Platform, including all [software, computer code, scripts, tools, patches, updates, images, text, graphics, illustrations, logos, photographs, pictures, audio, sound effects, sound recordings, vidoes, features, functionality, design, presentation and “look and feel” of the Platform, and all intellectual property rights related to the foregoing and the Platform (“Movr Content”). Put simply, the Platform and the Movr Content are the property of their respective owners and are protected by copyright, trademark, patent and trade secret, and any other proprietary rights.
The names and logos of movr and of the Platform and all related names, logos, product and service names, designs, images and slogans (collectively, “Marks”) are trademarks of the movr, or our respective affiliates or licensors. You must not use such Marks without our prior written permission. Other names, logos, product and service names, designs, images and slogans mentioned or which appear on the Platform are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
You acknowledge and agree that you have no ownership rights in the Platform or the Movr Content. Subject to all of the Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the Platform and to access the Movr Content for the sole purpose of using the Platform. We reserve all rights not expressly granted herein in and to the Platform and Movr Content.
You acknowledge that your use of the Movr Content for any purpose not expressly permitted by these Terms is strictly prohibited. Without limiting the restrictions in Section 11: (a) neither Movr Content nor the design or layout of the Platform, nor any part or component of any of the foregoing, may be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent; and (b) you cannot create any work of authorship or proprietary right based on the Platform (including Movr Content). You will only use the Platform as may be expressly provided in this Agreement or to the extent permitted by law or (if applicable) relevant open source licenses. We and our licensors reserve all rights not expressly granted in and to their content.
While we are continually working to develop and evaluate our own product ideas and features, we also pay attention to the interests, feedback, comments, and suggestions we receive from our users. If you choose to contribute by sending us any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively, “Feedback”), then regardless of what your accompanying communication may say, in order to avoid any misunderstandings the following terms will apply to the Feedback. Accordingly, by sending Feedback to us, you agree that:
movr has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
Feedback is provided on a non-confidential and non-proprietary basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way;
you irrevocably grant us an irrevocable, non-exclusive, worldwide, perpetual, royalty-free, sub-licensable (including via multiple tiers of sublicensing), transferrable license to reproduce, distribute, create derivative works of, modify, communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified;
you have been deemed to have warranted to us that you have or own all the necessary legal rights to upload, post, or submit such Feedback and grant us (and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns) the license to the Feedback, and that the Feedback does not and will not violate any law or the intellectual property, privacy, publicity, or other rights of any person;
you understand and agree that you are fully responsible for any Feedback you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content, its accuracy, and your rights to use it; and
you waive any moral rights or other rights of authorship in and to any Feedback in favour of movr, including any rights you may have in the altered or changed Feedback even if it is no longer agreeable to you.
11. PLATFORM USE RESTRICTIONS
You may use the Movr Content only for your own non-commercial use to participate in the Platform. As a condition of your access to and use of the Platform, you agree that you will use the Platform only for lawful purposes in accordance with these Terms and all applicable laws and regulations. You may not:
access or use the Platform if you are not fully able and legally competent to agree to these Terms;
violate, or promote the violation of, any applicable federal, provincial, local, foreign or international law or regulation, including any laws regarding the export of data or software, patent, trademark, trade secret, copyright or other intellectual property or legal rights (including rights of publicity and privacy of others);
except as expressly permitted by these Terms or applicable law, directly or indirectly, make unauthorized copies of, modify, adapt, translate, reverse engineer, disassemble, decompile, broadcast, perform, publicly display, reproduce, republish, download, store, transmit or create any derivative works of the Platform or any content included therein, including any software (except that your Device (as defined herein) may temporarily store or cache copies of materials being accessed and viewed), or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Platform or any derivative works thereof;
distribute, license, transfer or sell, in whole or in part, the Platform or any part thereof or any derivative works thereof;
modify copies of any materials from the Platform nor delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Platform;
market, rent, or lease the Platform for a fee or charge, or use the Platform to advertise or perform any commercial solicitation;
use the Platform or any part thereof, without our express written consent, for any commercial, political, or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
interfere with or attempt to interfere with the proper working of the Platform, disrupt our website (if any), or any networks connected to the Platform, or bypass any measures we may use to prevent or restrict access to the Platform or other security measures;
incorporate the Platform or any portion thereof into any other program or product;
use automated scripts, software, code, or systems to collect information from or otherwise interact with the Platform;
impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute, or otherwise make available emanates from the Platform;
encourage any conduct that restricts or inhibits anyone's use of the Platform, or which, as determined by us, may harm us or users of the Platform or expose us or them to liability;
involve, provide, or contribute any false, inaccurate, or misleading information;
impersonate or attempt to impersonate us, one of our employees, another user, or any other person or entity (including by using email addresses, or screen names associated with any of the foregoing);
use or attempt to use another user’s account, service, or system without authorization from movr;
use or exploit any bots, hacks, bugs, errors, or design flaws to obtain unauthorized access to the Platform;
use the Platform to upload, transmit, distribute, store, or otherwise make available in any way:
files that contain viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful; any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation; any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., social security numbers, passport numbers, etc.), or credit card numbers; any material which does or may infringe any copyright, trade mark, or other intellectual property or privacy rights of any other person; any material which is defamatory of any person, obscene, violent, sexually explicit, offensive, pornographic, hateful, or inflammatory; any material that would constitute, encourage, or provide instructions for a criminal offence, dangerous activities, or self-harm; any material that is deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, intimidate, hurt, scare, distress, embarrass, or upset people; any material that contains a threat of any kind, including threats of physical violence; any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability, or sexuality;
material that restricts or inhibits any other person from using the Platform, or which may expose movr, the Platform, or its users to any harm or liability of any type.
We reserve the right, at any time and without prior notice, to remove or disable your access to the Platform, including the Movr Content, at our discretion for any reason or no reason. Some of the reasons for which we may remove or disable your access to the Services may include finding that you have violated these Terms, or that your actions are harmful to the Platform or our users. You agree and understand that your continued use of the Platform is at our sole and absolute discretion and that you will not seek to hold us liable for any suspension, restriction, or termination of your use of the Platform.
While we will take steps to monitor content and Feedback in the Platform, we make no representations or guarantees that we will be able to review all material that you or other users submit to the Platform or to do so in a timely manner. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
13. EQUIPMENT REQUIREMENT
To use the Platform, you may need certain hardware, software, capabilities and other resources (including a suitable connection to the Internet). You are solely responsible for procuring and maintaining such resources at your own cost.
14. MOBILE SERVICES
The Platform contains services and features that are available on certain computers, mobile phones, tablets, consoles and other devices (each, a “Device”). Your carrier’s normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using movr’s mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don’t send your messages to a different person.
We administer and operate the Platform from Canada. Although the Platform is accessible in many territories throughout the world, not all features, products or services discussed, referenced, provided or offered are available to all persons or in all geographic locations, or appropriate or available for use outside Canada. We reserve the right to limit, in our sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made is void where prohibited. If you choose to access the Platform from outside Canada, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
17. WAIVER AND ASSUMPTION OF RISK
BY ACCEPTING THESE TERMS AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW YOU FREELY ACCEPT AND VOLUNTARILY AGREE TO ASSUME ALL RISKS OF PERSONAL INJURY, DEATH AND PROPERTY DAMAGE OR LOSS CONNECTED WITH YOUR USE OF THE PLATFORM HOWSOEVER ARISING, INCLUDING: (A) CONDITIONS ON OR ABOUT THE LANDS AND PREMISES UPON WHICH YOU USE THE SERVICES, THE OPERATION OR SPECIFICATIONS OF THE EQUIPMENT THROUGH WHICH YOU USE THE SERVICE, AND ANY OTHER OPERATIONS ASSOCIATED WITH YOUR USE OF THE PLATFORM, (B) ACTIONS, OMISSIONS OR NEGLIGENCE (INCLUDING FAILURE TO USE REASONABLY PRUDENT AND CAREFUL CARE, AND FAILURE TO PROTECT YOU FROM RISKS, DANGERS AND HAZARDS INHERENT IN THE USE OF THE SERVICE) OF MOVR AND OUR SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, CONTRACTORS EMPLOYEES, AGENTS, INSURERS AND OTHER REPRESENTATIVES (“MOVR PERSONNEL”), THE OWNERS AND LESSORS OF THE LANDS/PREMISES WHERE THE APPLICATION IS BEING USED, ALL OF THEIR RESPECTIVE AFFILIATES, SUCCESSORS AND ASSIGNS (TOGETHER WITH MOVR PERSONNEL, THE “RELEASEES”), AND (C) ANY BREACH OF CONTRACT, BREACH OF STATUTORY DUTY OR OTHER BREACH OF DUTY OF CARE, INCLUDING ANY DUTY OF CARE IMPOSED BY LAW, BY EQUITY, ON THE PART OF ALL OR ANY OF THE RELEASEES.
YOU HEREBY WAIVE, RELEASE AND FOREVER DISCHARGE THE RELEASEES FROM AND AGAINST ANY AND ALL MANNER OF LIABILITIES, CLAIMS, DEMANDS, SUITS, DAMAGES (INCLUDING DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES), LOSSES, INTEREST, COSTS, EXPENSES, DEBTS, ACTIONS AND CAUSES OF ACTION OF ANY KIND, CHARACTER OR NATURE WHATSOEVER, KNOWN OR UNKNOWN, FIXED OR CONTINGENT, INCLUDING THOSE OF LOSS, DAMAGE, INJURY OR DEATH HOWSOEVER ARISING, INCLUDING AS DESCRIBED IN THE PARAGRAPH DIRECTLY ABOVE (“CLAIMS”) THAT YOU HAVE, MAY HAVE, OR HAVE EVER HAD RESULTING FROM OR CONNECTED IN ANY WAY WITH YOUR USE OF THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, ANYTHING ARISING AFTER THE DATE OF YOUR AGREEMENT TO THESE TERMS.
You are solely responsible for your interactions with other people, whether online or in person. movr is not responsible or liable for any loss or damage resulting from any interaction with other Platform users, persons you meet through the Platform, or persons who find you because of information posted on, by or through the Platform. You agree to take reasonable precautions in all interactions with other users on the Platform, and conduct any necessary investigation before meeting another person. movr is under no obligation to become involved with any user dispute, but may do so at its own discretion.
To the maximum extent permitted by law, you agree to, at your sole cost, indemnify, defend, and hold harmless movr, its subsidiaries and affiliates, and their respective officers, directors, employees, agents, advisors, licensors and suppliers from and against any and all claims, losses, liabilities, fines, penalties, expenses, damages and costs, including, without limitation, legal fees and expenses, arising from or relating in any way to: (a) your access to or use of, or activities in connection with, the Platform; (b) any breach by you, or any user of your account, of any applicable obligation, representation or warranty under these Terms; (c) the content of or any inaccuracy in your Feedback; (d) any allegations that our use or publication of your Feedback infringes any third party rights (including intellectual property rights); (e) your violation of any applicable laws, rules, regulations or contracts; or (f) any misrepresentation made by you (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by us in the defense of any Claims and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses at our own cost. You will not settle any Claims and Losses without, in each instance, our prior written consent or the consent of an individual whom we authorize, in writing, to approve such settlement.
19. WARRANTY DISCLAIMER
TO THE FULLEST EXTENT PERMITTED BY LAW: (A) THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE; AND (B) MOVR EXPRESSLY DISCLAIMS AND EXCLUDES ALL CONDITIONS, WARRANTIES OR OTHER TERMS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT AND CONFORMANCE WITH DESCRIPTION, EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THESE TERMS. MOVR CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE PLATFORM. IN PARTICULAR, MOVR DOES NOT REPRESENT OR WARRANT THAT: (I) YOUR USE OF THE PLATFORM WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMLEY, SECURE OR ERROR-FREE; (III) THAT ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE PLATFORM WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) ANY CONTENT OR INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE PLATFORM WILL BE ACCURATE, COMPLETE OR RELIABLE.
WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF THE PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION OBTAINED THROUGH THE PLATFORM BEFORE RELYING ON IT. YOU FREELY ACCEPT AND VOLUNTARILY AGREE TO ASSUME ALL RISKS, INCLUDING OF PERSONAL INJURY, DEATH AND PROPERTY DAMAGE OR LOSS CONNECTED WITH YOUR USE OF THE PLATFORM HOWSOEVER ARISING.
YOUR USE OF THE PLATFORM MAY DEPEND ON THE INTERNET, INCLUDING NETWORKS, CABLING, FACILITIES AND EQUIPMENT THAT IS NOT IN OUR CONTROL. ACCORDINGLY: (A) WE CANNOT GUARANTEE ANY MINIMUM LEVEL REGARDING SUCH PERFORMANCE, SPEED, RELIABILITY, AVAILABILITY, USE OR CONSISTENCY; AND (B) YOU ACKNOWLEDGE AND AGREE THAT DATA, MESSAGES, INFORMATION OR MATERIAL SENT OVER THE INTERNET MAY NOT BE COMPLETELY PRIVATE AND THE SECURITY OF SUCH DATA, MESSAGES, INFORMATION AND MATERIALS ARE NOT GUARANTEED.
20. LIMITATION OF LIABILITY
NOTHING IN THESE TERMS WILL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SUBJECT TO THE FOREGOING, IN NO EVENT WILL MOVR, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVERTISERS, SUPPLIERS, CONTENT PROVIDERS AND LICENSORS (“MOVR PARTIES”) BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING FOR ANY LOST PROFITS, LOST SAVINGS, LOST REVENUES, LOST GOODWILL, LOST OPPORTUNITY OR LOST DATA (COLLECTIVELY, THE “EXCLUDED DAMAGES”). THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE MOVR PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY, AND YOU HEREBY WAIVE, RELEASE AND FOREVER DISCHARGE THE MOVR PARTIES FROM AND AGAINST ALL OF THE EXCLUDED DAMAGES. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE MOVR PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
YOU ARE RESPONSIBLE FOR ANY INTERNET OR MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF THE PLATFORM, INCLUDING TEXT MESSAGES AND DATA CHARGES. IF YOU ARE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE PLATFORM.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE MOVR PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST MOVR FOR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. THAT SAID, IF ANY OF THE MOVR PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS PLATFORM OR ANY MOVR CONTENT, IN NO EVENT WILL MOVR PARTIES’ TOTAL AGGREGATE LIABILITY EXCEED CDN$100.00.
21. UPDATES, INTERRUPTION AND TERMINATION
From time to time, we have the right (but not obligation) to provide updates (patches, new features, etc.) to the Platform. You understand that your access to certain features of the Platform might be affected by such updates. We may require you to download and install the updates or the updated version of the application to continue to use the Platform. You also understand that such updates may affect the necessary system specification required to use the Platform. In such case, you are responsible for any necessary equipment to continue to access the Platform.
You acknowledge that the Platform or any part thereof may be interrupted for maintenance or reasons beyond our control, and we cannot guarantee that the Platform will be uninterrupted. We will not be liable for any interruption of the Platform, delay or failure to perform resulting from any causes whatsoever. Additionally, the Platform may be unavailable depending on geographic location. To the maximum extent permitted by applicable law, we reserve the right to discontinue the Platform at any time in our sole and absolute discretion, for any reason, or for no reason, with or without notice.
Suspension or Termination
To the extent allowable my applicable law, movr reserves the right, in its sole and absolute discretion, to terminate your account, delete your profile, restrict your use of all or any part of the Platform, or otherwise suspend or terminate your access to the Platform at any time, for any or no reason, with or without notice, and without liability to you or anyone else, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which would or might (a) cause damage to or impair the Platform or infringe or violate any third party rights (including intellectual property rights), or (b) violate any applicable laws or regulations. Termination or suspension of your accounts also entails the termination or suspension of your license to use the Platform or any part thereof.
Movr also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the Platform.
These Terms remain in effect even after your account is terminated. In particular, Sections 9 (Intellectual Property), 10 (Feedback), 17 (Waiver and Assumption of Risk), 18 (Indemnification), 19 (Warrant Disclaimer), 20 (Limitation of Liability), 21 (Updates, Interruption and Termination), 22 (Miscellaneous), and any other provisions of these Terms that by their nature are intended to survive termination shall survive any termination.
Applicable Law and Jurisdiction
You agree that this Platform shall be deemed a passive website solely based in British Columbia, Canada, which does not give rise to personal jurisdiction over movr in jurisdictions other than British Columbia, Canada. You agree that these Terms, their subject matter and their information, are governed by, and shall be interpreted and construed in accordance with, the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provisions or rules. You and we agree that the U.N. Convention on Contracts for the International Sale of Goods (Vienna, 1980) will not apply to these Terms, the Platform, or to any dispute or transaction arising out of these Terms or the use of the Platform. Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to these Terms or the Platform (including but not limited to the purchase of movr products) shall be resolved individually, without resort to any form of class action, and exclusively in the provincial or federal courts located in Vancouver, British Columbia. You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the provincial or federal courts located in Vancouver, British Columbia. Any cause of action or claim you may have with respect to the Platform (including but not limited to the purchase of movr products) must be commenced within one (1) year after the claim or cause of action arises. By using the Platform, you agree to receive certain electronic communications from movr. You agree that any notice, agreement, disclosure or other communication that movr sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.
In these Terms, (a) the captions and headings are for convenience only and do not constitute substantive matter and are not to be construed as interpreting the contents of these Terms, (b) the words “including” and “includes”, the phrase “such as”, and similar words and phrases, when following a general statement or term (whether or not non-limiting language such as “without limitation” or “but not limited to” or other words of similar import are used with reference thereto), is not to be construed as limiting, and the word “or” between two or more listed matters does not imply an exclusive relationship between the matters being connected, and (c) all references to the Platform will also include any successor or replacement applications, websites, content, products or services containing substantially similar information as the referenced Platform or part thereof.
We may at any time assign our rights and obligations under these Terms, in whole or in part, without notice to you. You may not assign any part of these Terms, or any of your rights or obligations hereunder, without our prior written consent. These Terms will ensure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns.
No Waiver or Amendment
Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms.
The transmission of information via the Internet is inherently not completely secure and we do not guarantee that our Platform will be secure or free from bugs or viruses. You are responsible for configuring your Device to access our Platform. We encourage you to use your own virus protection software.
If any provision in these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason then that provision will be deemed severable from these Terms without affecting the rest of these Terms, and the remainder of these Terms shall continue to be valid and enforceable.
The Platform may contain certain open source software. Each item of open source software is subject to its own applicable license terms.
We will not be liable for delays, failures in performance, or interruptions of the Platform that result directly or indirectly from any cause or condition beyond our reasonable control, including significant market volatility, any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, strike or other labor dispute, fire, earthquake, food, natural disaster, interruption in telecommunications or internet services or network provider services, failure of equipment and/or software, pandemic, outbreak of illness or disease, declaration of public health emergency, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
The parties have requested and agree that these Terms and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
Questions and Concerns
If you have any questions or concerns about these Terms, please contact us at email@example.com.