Terms of Service
THESE TERMS OF SERVICE (“TERMS OF SERVICE” OR “AGREEMENT”) GOVERN YOUR USE OF iHealthScience, LLC.’S (“COMPANY”) WEBSITE AT WWW.MOVEIT4.ORG (“WEBSITE”). BY USING THE WEBSITE OR USING, LICENSING OR DOWNLOADING ANY COMPANY PRODUCT OR SERVICE, YOU ARE AGREEING TO BE BOUND THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE AND REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THE TERMS SET FORTH HEREIN. IF YOU DO NOT UNDERSTAND OR AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) ANY TERMS OR CONDITIONS DESCRIBED IN THESE TERMS OF SERVICE, PLEASE EXIT FROM THE WEBSITE. YOUR CONTINUED ACCESS OF THE WEBSITE OR USE, LICENSE OR DOWNLOAD OF ANY COMPANY PRODUCT OR SERVICE SHALL BE DEEMED TO CONSTITUTE YOUR AGREEMENT TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE, AS THEY MAY BE AMENDED FROM TIME TO TIME. ANY REFERENCES HEREIN TO “YOU” AND “YOUR” REFER TO BOTH YOU AND SUCH PERSON AND ENTITY ON WHOSE BEHALF YOU ACT, IF ANY, AND BY ACCESSING THE WEBSITE, OR USING, LICENSING OR DOWNLOADING ANY COMPANY PRODUCT OR SERVICE, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO BIND SUCH ENTITY ON WHOSE BEHALF YOU ACT TO THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE.
GRANT AND RESTRICTIONS
A. Company hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without Company’s prior written authorization other than for your own personal use; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service. If you breach or violate any of these Terms of Service, your authorization to use the Website will automatically terminate.
B. To access some features of the Website including purchasing of certain products and services which may be offered for sale pursuant to these Terms of Service on the Website, you may be asked to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Company immediately of any breach of security or unauthorized use of your account. Although Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Company or others due to such unauthorized use.
REGISTRATION, ACCOUNTS AND PASSWORDS
If you register and create an account on the Website you agree to be responsible for: (i) maintaining the confidentiality of passwords or other account identifiers which you choose, and (ii) all activities that occur under such password or account identifiers. You agree to notify Company of: (i) any loss of your password or other account identifiers and (ii) any unauthorized use of our password or other account identifiers.
INTELLECTUAL PROPERTY RIGHTS
The content on the Website, if any, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, the “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Company, or owned by such third party as described on the Website, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. All Content is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Company reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content, or enforce limitations on use of the Website or the Content therein.
iHealthScience, LLC, the logo, MoveIt4, and associated brand names and domain names are trademarks of iHealthScience, LLC. or its affiliates in the United States and other countries. Company trademarks and trade dress may not be used in connection with any product or service that is likely to cause confusion among customers, or in any manner can be interpreted as business disparagement. All Marks not owned by Company are the property of their respective owners. You may not use, and nothing contained on the Website grants, by implication, waiver, estoppel or otherwise, any right to use, any trademark displayed on the Website without the written permission of Company or the respective owner of such trademark, service mark or logo.
AVAILABILITY OF THE WEBSITE
Company reserves the exclusive right and may, at any time and without notice and liability to you, modify or discontinue the Website and its services, whether temporarily or permanently. Temporary interruptions in the availability of the Website may occur from time to time as normal events. Under no circumstances will Company or its suppliers be held liable for any damages resulting from such interruptions. The Website and the Content may include technical inaccuracies, typographical errors or may enable you to access or download harmful or malicious code introduced onto the Internet by third parties. The Website is made available internationally and may contain references to products, programs and services of Company and/or its suppliers that are not available in your location. Such references do not imply that Company or its suppliers intend to make available such products, programs or services in your location.
LINKS WITH OTHER SITES
For the convenience of our users, the Website provides certain links to web sites provided by third parties. Company is not responsible for the content of any other web site linked to or from the Website. If you link to another site, you leave the Website and you do so entirely at your own risk. Company provides links from the Website to other sites solely as a convenience to you and in no way should this be interpreted as a referral or endorsement of any content, sponsor or owner of any other site. COMPANY DISCLAIMS ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED SITE, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE.
DISCLAIMER OF WARRANTIES
THE WEBSITE, ALL CONTENT, SERVICES, AND THE PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY, ITS AFFILIATES AND ITS LICENSORS DISCLAIM ANY WARRANTY, CONDITION OR OTHER TERM OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, SECURITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Company does not represent that the Website will be uninterrupted or error-free, or that defects will be corrected. Company does not warrant the accuracy and completeness of the Content provided through or on the Website. Company takes no responsibility for viruses or other destructive or intrusive computer programs that may damage your computer system or data resulting from your access to or use of the Website. The Content at the Website may be out of date, and Company makes no commitment to update such Content. If software made available through the Website is subject to its own license terms and conditions, such terms and conditions supersede these Terms of Service. Company is not responsible for the conduct, whether online or offline, of any user.
LIMITATION OF LIABILITIES
IN NO EVENT WILL COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF PROFITS, DATA, USE, GOODWILL, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSS) ARISING IN RELATION TO THESE TERMS OF SERVICE AND/OR THE USE OR INABILITY TO USE THIS WEBSITE, ANY WEB SITES LINKED TO THIS WEBSITE, PRODUCTS AND SERVICES OFFERED FOR SALE OR THE CONTENT CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY USE OF THIS WEBSITE OR OF A LINKED WEBSITE RESULTS IN DAMAGE TO HARDWARE, SOFTWARE AND/OR DATA, YOU ASSUME ALL COSTS RELATED DIRECTLY AND/OR INDIRECTLY THERETO. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless Company and its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Service and your use of the Website.
This Website is operated and controlled from Company’s offices in California, United States of America. It can be accessed from any of the 50 states in the United States and from other countries of the world. The laws of the State of California (or U.S. federal law, if applicable), without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with the Website and your connection to and use of the Website. By using the Website you submit to the exclusive jurisdiction of California courts and further agree that any cause of action arising out of or in connection with these Terms of Service and/or your use of the Website shall be brought only in the federal or state courts in Orange County, California.
VOID WHERE PROHIBITED
Company makes no representation or warranty that any Content on the Website is lawful in every jurisdiction from which such Content can be accessed, or is available for use in all jurisdictions. If you access the Website from a jurisdiction outside California you are responsible for compliance with all applicable local laws. The following provisions survive the expiration or termination of this agreement Indemnification, Governing Law, Intellectual Property Rights, Limitation of Liabilities and Disclaimer of Warranties.
NOTIFICATION OF CHANGES
In view of the unknown demand and use of this Website, we reserve the right to add to or change these Terms of Service. If we decide to change these Terms of Service, we will post those changes on the Terms of Service page. You are responsible for periodically checking our Website for changes to these Terms of Service. If you do not agree to be bound by (or cannot comply with) these Terms of Service as modified, you agree that your sole remedy is to cease using Company’s services. Your continued use of Company’s services constitutes your agreement to be bound by the amended Terms of Service.
The Company takes claims of infringement of intellectual property rights, defamation and violation of rights of privacy or publicity very seriously. If you believe that any of the material that is or was on the Website or our Service infringes or has infringed any rights, including copyrights or trademarks, owned by you, or by an owner for which you are authorized to act, please contact us at [email protected].
If you have any questions, complaints, or comments regarding these Terms of Service, or have other questions or suggestions about our Website, please contact us via e-mail at [email protected].