Move | Well Terms & Conditions

This License Agreement ("Agreement") is between Move Therpy and Wellness on Demand, LLC (“Move Well Virtual”, “We”, “Our”) and any User ("You" or "Your") of Move Well Virtual’s Online platform/website.

BY USING ANY PORTION OF Move Well Virtual’ website/platform, YOU ARE SIGNIFYING YOUR ASSENT TO THIS AGREEMENT.

You agree as follows:

Eligibility. To use the platform/website you must be, and represent and warrant that you are, of legal age (18 years of age or older) and competence. By using the platform/website on behalf of any third party, you are representing to us that you are an authorized representative of that third party and that your use of the platform/website constitutes that third party’s acceptance of these Terms. In addition, if you have been previously prohibited from accessing the platform/website or the webplatform/website of any of our affiliates, you are not permitted to access the platform/website.
Permission to Use the platform/website. Subject to your compliance with these Terms, we grant you a personal, limited, non-exclusive, non-transferable, and revocable right to access the platform/website and use the Services for your use as we intend by these Terms. Move Well Virtual reserves the right to monitor the platform/website for the purpose of determining that your usage complies with these Terms.

Prohibited Conduct. Without limitation, you will not, directly or indirectly: (a) copy, reproduce, modify, distribute, display, create derivative works of or transmit any content on the platform/website; (b) reverse engineer, decompile, tamper with or disassemble the technology used to provide the Service or platform/website (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law); (c) interfere with or damage the Service, platform/website, or any underlying technology; (d) impersonate or misrepresent your identity or affiliation; (e) attempt to obtain unauthorized access to the Service or platform/website; (f) collect information about users of the platform/website or the Service without the users’ written approval except as provided herein; (g) violate, misappropriate or infringe a third party’s intellectual property or other right, or any social media platform terms; (h) violate any law, rule, or regulation, or (i) interfere with any third party’s ability to use or enjoy, or our ability to provide, the Service or platform/website.


Additional Terms. Move Well Virtual’s Privacy Policy (which describes how we collect, use and disclose your data and your consent to such collection, use, and disclosure) is incorporated into and is a part of these Terms.
Account Registration. To access the Services through the platform/website, you must become a registered user of the platform/website (“Registered User”). To become a Registered User, you must provide us with complete and accurate information. You must promptly update such information to keep it complete and accurate. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. You may not use anyone else’s account at any time. We may remove or reclaim your username if we believe it is appropriate (such as in response to a trademark claim).

Security of Your Account. You agree to notify Move Well Virtual immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge to the fullest extent permitted by applicable law. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by Move Well Virtual or a third party due to someone else using your account.

No Obligation to Retain a Record of Your Account. Move Well Virtual has no obligation to retain a record of your account or any data or information that you may have stored for your convenience by means of your account or the Services.

Disclaimer, User acknowledgement and agreement. User acknowledges and agrees that platform/websites are for education and informational purposes only and are not meant to be a replacement for psychotherapy or medical services. The information provided in the training platform/websites are of a general nature only and are not intended to address the specific circumstances of any particular individual or entity. User agrees to use the following resources if in need of professional mental health services: psychologytoday.com, https://www.nami.org/Home, https://988lifeline.org/ or dial 988. USE OF platform/website AND SERVICES ARE AT YOUR OWN RISK. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CONTACT 9-1-1. Move Well Virtual DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS OR TREATMENT OR ENGAGE IN ANY CONDUCT THAT REQUIRES A PROFESSIONAL LICENSE. NOTHING CONTAINED ON THE platform/website OR SERVICES OFFERED BY Move Well Virtual SHOULD BE CONSTRUED AS ANY FORM OF SUCH MEDICAL ADVICE, DIAGNOSIS, OR SUBSTITUTE FOR PROFESSIONAL CONSULTATION. YOU ARE URGED AND ADVISED TO SEEK THE ADVICE OF A HEALTHCARE PROFESSIONAL FOR ANY MEDICAL ADVICE, DIAGNOSIS, TREATMENT, AND ANSWERS TO YOUR PERSONAL QUESTIONS PRIOR TO ENGAGEMENT OF ANY PRACTITIONER’S SERVICES. PRACTITIONER’S SERVICES MAY NOT BE RIGHT FOR EVERY PERSON.

Definitions. “Move Well Virtual” shall mean the internet platform/website owned Move Well Virtual and all subpages. Platform shall mean the online platform/websites and classes that Move Well Virtual is making available to You, including but not limited to any related explanatory written materials; training materials; quizzes and exams; user guides; audio and visual portions of the Platform/webplatform/website/platform/websites/classes/workshops; and modified versions, updates, additions, derivative works, and copies of any portion of the Platform. “Intellectual Property Rights” means any (i) rights associated with works of authorship, including copyrights, moral rights, neighboring rights, and derivative works, (ii) trademark, service marks, and trade name rights, (iii) trade secret rights, (iv) patents, design rights, and industrial property rights, and (v) all other intellectual property rights (of every kinds and nature however designated) whether arising by operation of law, treaty, contract, license, or otherwise, together with all registrations, renewals, extensions, continuations, divisions and reissues thereof. “User” shall mean any person that accesses or uses any portion of the Platform/webplatform/website/platform/websites/classes/workshops

Order Acceptance. You agree that your order is an offer to buy, under this Agreement, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders at our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Move Well Virtual and you will not take place unless and until you have received your order confirmation email.

Prices and Payment Terms. All prices posted regarding the platform/website are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors. Terms of payment are at our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that (i) the payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use such payment for the purchase, (iii) charges incurred by you will be honored by your payment institution, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

Restrictions On Use. The use of the platform/website is restricted. You may not do any of the following or aid anyone in such endeavor: (a) Sublicense, sell, lease, share, or rent the platform/website; (b) Decompile, disassemble, reverse engineer or attempt to derive the source code from or structure of the platform/website; (c) Create a derivative work that is based on any portion of the platform/website; (d) Rewrite any portion of the platform/website or use any portion of the platform/website in connection with creating any work that is similar in function, content or appearance to any portion of the platform/website; (e) Remove any proprietary notice from the platform/website; (f) Copy, reproduce, distribute, or in any way duplicate all or any part of the platform/website; (g) Export or re-export the platform/website or any portion; (h) Engage in, facilitate, or further any unlawful conduct; (i) Damage, disable, overburden, or impair any Move Well Virtual Webplatform/website (or the networks connected to any Move Well Virtual Webplatform/website) or interfere with anyone else's ability to access or use the platform/website; and/or (j) Disrupt, or try to gain unauthorized access to: any computer, hardware, or network related to the platform/website or the Move Well Virtual Webplatform/website.

Non-Transferable. The license issued under this Agreement may not be transferred or assigned without the prior written consent of Move Well Virtual.

Refund Policy; Termination. Due to the digital nature of the work, the platform/website is final sale and cannot be refunded. Move Well Virtual may terminate this Agreement and revoke access to the platform/website immediately in the event You commit any breach of this Agreement. 

Results Disclaimer. Any earnings, outcomes, results or examples in the platform/website, and in any platform/website marketing materials, are provided for informational purposes only. We make no guarantees as to any results or financial outcomes through the use of our platform/website. We are not responsible for your future success, decisions, or income level.

DISCLAIMER OF WARRANTIES. The platform/website AND ALL CONTENT ARE AVAILABLE "AS IS." Move Well Virtual DOES NOT WARRANT THAT THE platform/website OR ANY CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE NEWS, INFORMATION, OR OTHER MATERIALS AVAILABLE THROUGH THE platform/website OR ANY CONTENT.
WE DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, THOSE OF NON- INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A platform/website OF DEALING, platform/website OF PERFORMANCE, OR USAGE OF TRADE WITH RESPECT TO THE platform/website, OR ANY CONTENT OR ANY INFORMATION, GOODS, OR SERVICES THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE platform/website.
WE DO NOT PROVIDE OR AUTHORIZE THE PROVISION OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL ADVICE THROUGH THE platform/website OR ANY CONTENT, AND SO WE DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL INFORMATION THAT IS CONTAINED WITHIN THE platform/website OR ANY CONTENT. RATHER THAN RELYING ON THIS INFORMATION, YOU SHOULD SEEK ADVICE FROM A QUALIFIED PROFESSIONAL.
WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE platform/website OR CONTENT. WE DO NOT GUARANTEE OR WARRANT THAT THE platform/website, CONTENT, OR MATERIALS THAT MAY BE DOWNLOADED FROM THE FOREGOING DO NOT CONTAIN VIRUSES, WORMS, "TROJAN HORSES," OR OTHER DESTRUCTIVE MATERIALS. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.
NO PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.

Payments. Authorized Payments are Final. Your use of the platform/website constitutes your agreement to pay for any amounts which you authorize us to charge to your payment card. Such payments, once authorized, are final. user hereby releases Move Well Virtual from any and all liability with respect to such Payment.

Fraud and Error. Move Well Virtual reserves the right to seek reimbursement from you, and you will reimburse Move Well Virtual, if Move Well Virtual discovers a fraudulent transaction, erroneous or duplicate transaction, or if Move Well Virtual receives a charge back or reversal from any Payment Method for any reason. You agree to and acknowledge Move Well Virtual’s right to investigate any and all transactions for fraud. Further, you agree to cooperate with any reasonable requests made by Move Well Virtual in an effort to investigate fraud. You agree that Move Well Virtual has the right to obtain such reimbursement by charging the Payment Method associated with your Move Well Virtual account or obtaining reimbursement from you by any other lawful means, including using a third-party collection agency. Failure to pay for reimbursements of a charge back or a reversal of payment is cause for termination of your Move Well Virtual account, without limitation of any other available rights or remedies.

Services Descriptions. We try to make the platform/website thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the platform/website may be incorrect, incomplete, inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use. We apologize in advance for any such errors that may result in an incorrect price, inaccurate description, item unavailability or otherwise affect your order. We reserve the right to correct errors (whether by changing information on the platform/website or by informing you of the error and giving you an opportunity to cancel your order) or to update Services information at any time without notice.

Availability and Pricing. Move Well Virtual reserves the right to change the prices and available Services at any time. Quantities of some Services may be limited and availability cannot always be guaranteed. We may occasionally make errors in the stated prices on this platform/website. If a Service’s correct price is higher than the listed price, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation.

Returns. We do not allow returns or substitutions of Services. All sales are final.

Personal Use Only. Services are for your personal use only. You agree not sell or resell or otherwise monetize in any way any Services you purchase, expressly including all contract templates that may be provided.

Class Waiver. By participating in a class offered on the Move Well Virtual platform, you agree to the following: 

Assumption of Risk and Release of Liability: You voluntarily desire to participate in physical and rehabilitation and/or exercise or wellness training classes conducted by any of the Practitioners using Move Well Virtual. You agree to the following: You assume full responsibility while voluntarily participating in any classes, on-line or in-person, at your sole risk and shall abide by any rules and regulations of any equipment you choose to use. You are aware that there exists the possibility of certain conditions occurring during or following training and/or exercise or wellness. These include, but are not limited to: mild lightheadedness, fainting, abnormalities of blood pressure or heart rate, ineffective heart function and in rare instances, heart attack or stroke. The reaction of the cardiovascular system to such activity cannot be predicated with complete accuracy. It is strongly recommended that you receive a medical clearance from your private physician prior to starting an exercise or wellness-training program. Classes are not designed for persons with known heart disease with or without functional impairment. You expressly agree that you have been informed that the program involves possible risks and all exercise or wellness classes shall be undertaken at your sole risk and that neither Practitioner nor Move Well Virtual, nor the officers, directors, employees or agents of either shall be liable to you nor any other person, for any claims, demands, injuries, damages, actions or causes of action, whatsoever, to your person or property arising out of or connected your services, facilities, and exercise or wellness classes or the facility where the same is located, and you do hereby release and discharge the Practitioner and Move Well Virtual from all claim, demands, injuries, damages, action, or causes of actions and from all acts of active or passive negligence on the part of the Practitioner or the Move Well Virtual, their servants, agents or employees. It is your responsibility to ensure you have doctor’s clearance to participate in movement-based classes, exercise or wellness and similar activities provided in this subscription. Move Well Virtual expects every participant to ensure to create a safe environment and space to workout in to avoid tripping, falling or any kind of injuries. Please keep your Practitioner informed about any changes in your current health, well-being and other physical, mental or emotional symptoms you might experience before or during the session that may influence your participation in the class. We highly recommend staying hydrated and allowing enough time for rest and recovery between challenging classes. You understand and agree that it is your responsibility to ensure a safe space/environment to perform the activities. Additional risks posed by participating in the activities online, as there is no in-person supervision or space provided for you, and you will therefore need to ensure the safety of the activities, using your judgment how to best practice them, not pushing yourself too far or attempting anything you feel unsure how to perform.

Release, Waiver and Indemnity. You hereby release, hold harmless, indemnify and waive any claims against Move Well Virtual, its members, instructors, directors, officers, contractors, employees, volunteers, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) from any liability and damages arising from death or personal injuries or otherwise. 
Media Release. We think you’re awesome and want to show you off! By being a user of Move Well Virtual, you agree to grant us the irrevocable right to use your image, likeness, photos, video content, audio recordings captured of you on the premises or participating in the activities or that you share with us online (via your own or others posting of you) as part of our online streaming, marketing and sales throughout the world and in perpetuity. You also release us from all claims you may have relating to such use. Please let us know If you ever want us to stop using an image of you.

Continued Agreement. Agreement to this waiver will act as your continued agreement to all ensuing classes, sessions and/or workshops whether in person, online, or via video conferencing tool.
General Legal Provisions. 
Jurisdiction. This Waiver will be governed exclusively by the laws of the State of California. 
Severability. If any provisions of this Waiver are invalid or unenforceable, the other provisions in the Waiver will remain in full force and effect. Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior agreements.
Headings. The headings used in this Waiver are for stylistic purposes only and none of the content in the headings are intended to be legally binding.
Online Agreement. This Agreement may be signed electronically or agreed to by having you click “I Agree”, or by you engaging in the activities, classes, or services offered on the Move Well Virtual platform, the effect of which will be the same as signing by hand and the intention of which is that both parties desire to be bound by all the terms of the Agreement.
As part of your user experience, you may be asked to provide information concerning your physical habits, medical history, moods, energy levels, likes and dislikes, relationships, lifestyle and diet. This information is collected to enable Move Well Virtual content creators and developers to offer a more personalized/individualized user experience. Move Well Virtual is in no way liable for your health or safety.
You hereby accept all risk to your health, including injury or death that may result from such participation and you hereby release Move Well Virtual and all of it’s employees, owners, partners, contractors and affiliates, on your behalf and on behalf of your personal representatives, estate, heirs, next of kin, and assigns from any and all costs, claims, causes of action and damages arising from any and all illness or injury to your person, including your death, that may result from or occur as a result of your participation in the wellness classes, whether caused by negligence or otherwise. You understand that any classes, resources, activities and courses you undertake with the Move Well Virtual classes are undertaken of your own free will. You accept that you are ultimately responsible for your health. you hereby agree to assume full responsibility for any manner of loss, injury, claim or damage whatsoever, known or unknown, incurred as a result of same and you, your heirs, executors, administrators or assigns for any loss, injury, claim or damage sustained as a result of your attendance and/or participation. You have read the above release and waiver of liability, and fully understand its contents and voluntarily agree to the terms and conditions stated.

Intellectual Property Rights. All content on the platform/website, or otherwise made available via the platform/website, including the text, notes, graphics, photos, sounds, music, videos, interactivities and the like (“Content”), the trademarks, service marks and logos contained therein (“Marks”), the design of the platform/website and/or Services (“platform/website Design”), and all software and other technology used to provide the platform/website and/or Services (“Technology”), are owned by or licensed to Move Well Virtual and/or its affiliates. Content is provided to you “as is” for your information and personal use only and may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. We reserve all rights not expressly granted in and to the platform/website, Content, Marks, platform/website Design and Technology. Using the platform/website and/or Services does not give you any ownership of or right in or to any Content, Marks, platform/website Design or Technology.

Third-party Content. The platform/website may contain information and content provided by third parties. We have no obligation to monitor, we do not endorse, and we are not liable for any third-party content. In addition, the platform/website may contain links to third-party webplatform/websites. Move Well Virtual is not responsible for the content on any linked platform/website or any link contained in a linked platform/website. We do not endorse or accept any responsibility for the content on such third-party platform/websites.

Contributions to Move Well Virtual. Any text, photographs, artwork, ideas, questions, reviews, comments, suggestions or other content that you submit or post to the platform/website or otherwise provide to us are referred to as “User Content”. The following terms apply to User Content:

License to Move Well Virtual. By sharing, submitting or uploading any User Content, you grant Move Well Virtual a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, display, publish, perform, sell, transmit, adapt, translate, modify, reverse-engineer, disassemble and create derivative works from your User Content in any manner existing now or created in the future. Subject to the license above, you retain ownership of User Content. In accordance with the terms herein, Move Well Virtual grants to You, and You accept from Move Well Virtual, a non-exclusive and non-transferable license (the "License") to use the current version of platform solely through the Move Well Virtual’s Webplatform/website or Move Well Virtual designated location. You agree to use and access the platform/website solely for Your own personal educational purposes. The platform/website, including all Intellectual Property to any portion of it, is owned solely and exclusively by Move Well Virtual. You agree to secure and protect the platform/website in a manner consistent with the maintenance of Move Well Virtual’s rights.

Your Responsibility for User Content. You acknowledge and agree that you are solely responsible for all the User Content that you make available through the platform/website. Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents and releases necessary to grant Move Well Virtual the required rights to disseminate any User Content and (2) neither your User Content nor your posting, uploading, publication, submission or transmittal of this User Content or Move Well Virtual’s use of your uploaded User Content (or any portion thereof) on, through or by the means of the platform/website, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.

No Obligations Regarding User Content. We will not have any obligation to hold any User Content in confidence or compensate you or anyone else for its use. We have the right to remove or edit any User Content for any reason or no reason at all.

LIMITATION OF LIABILITY. IN NO EVENT SHALL THE Move Well Virtual HAVE ANY LIABILITY TO YOU FOR ANY LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND IN NO EVENT SHALL THE Move Well Virtual’S LIABILITY EXCEED THE FEES PAID UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Infringement Notification. Move Well Virtual respects the rights of others and we expect users of our platform/website and Services to do the same. These Terms prohibit the infringement of the copyrights of others, and it is also our policy that we may remove, suspend, terminate access, or take other appropriate action against repeat offenders. We may also remove content that in our sole discretion appears to infringe the intellectual property rights of others. Contact connect@movewellvirtual.com for any infringement notifications and with the information that sets forth the items specified below: Identify the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list of such works. Identify the material that is claimed to be infringing or to be the subject of infringing activity. Include information reasonably sufficient to permit Move Well Virtual to locate the material. Please provide a URL and screenshots for each item. Include the specific asset(s) or page(s) that you claim to be infringing. Say “entire work” ONLY if all assets/pages in a collection/document are infringing. Include details of your claim to the material, or your relationship to the material’s copyright holder.
Provide your full name, address, and telephone number should we need to clarify your claim. Provide a working email address where we can contact you to confirm your claim. Sign the document, physically or electronically and send to connect@movewellvirtual.com

Indemnity. You agree to defend, indemnify and hold harmless Move Well Virtual, its affiliates and their respective directors, officers, employees and agents (the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities and expenses (including attorneys’ fees) incurred in connection with any third-party claim brought or asserted against any of the Indemnified Parties: (a) alleging facts or circumstances that would, if true, constitute a violation of any provision of these Terms by you; (b) alleging bodily injury, death, property damage or other damages arising from your or a third party’s use or misuse of any service purchased by you on this platform/website; (c) arising from or related to any other party’s access and use of the Services with your unique username, password or other appropriate security code (if such codes are required to access Services in the future); (d) arising from or related to our use of your User Content in the context of the Services; (e) arising from a claim that the Practitioner has been misclassified and is or may be an employee of user or Move Well Virtual; (f) your failure to comply with applicable law; (g) defamation, libel, or infringement of any intellectual property right by you and/or violation of any other third party right; (f) arising from, related to, or connected with your use or misuse of the platform/website or Services, including any payment obligations incurred through your use of the platform/website; (g) your failure to comply with payments hereunder; or (h) any acts or omissions of the Practitioner and/or user, as applicable. We may, in our sole and absolute discretion, control the disposition of any such claim at your sole cost and expense. You may not settle any such claim without our express written consent. This defense and indemnification obligation are intended to extend to the fullest extent permitted by law and will survive these Terms and your use of the platform/website.

Termination. These Terms are effective unless and until terminated by you or us. We may, in our sole and absolute discretion and without any liability, modify, suspend or discontinue any aspect of the platform/website, temporarily or permanently, at any time and without prior notice. Modification and Termination of platform/website and Services. We may terminate the platform/website or the Services, your access to the Services, in part or as a whole, at any time, for any or no reason, and without notice or liability to you. Suspension or Termination. We may deny you access to all or part of the platform/website at any time for any reason (including if you violate these Terms, as determined in our sole and absolute discretion) or no reason at all. Effect of Termination. If you terminate your account, you will remain liable under these Terms for any purchase made prior to termination. If we terminate your right to access the platform/website, these Terms will terminate and all rights you have to access the platform/website will immediately terminate. 

WAIVER. BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED BELOW) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.

STATUTE OF LIMITATIONS. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE platform/website, SERVICES, OR THE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.

Venue; Governing Law. For any legal action regarding this Agreement, the exclusive venue shall lie in Cook County, Illinois. The validity, interpretation, construction and performance of this Agreement, and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed, construed and interpreted in accordance with the laws of the state of Illinois, without giving effect to principles of conflicts of law.

Entire Agreement. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and supersedes all prior or contemporaneous discussions, understandings and agreements, whether oral or written, between them relating to the subject matter hereof.

Amendments and Waivers. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance.

The parties have executed this Agreement as of the date that User purchased the platform/website.