Terms of Use - movewithBE

TERMS OF USE

Last Revised September 1, 2021

AGREEMENT TO TERMS

These Terms of Use (“Terms”), together with any additional documents that expressly incorporate by reference (collectively, the “Agreement”), constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“user”, “you”, “your”) and movewithBE LLC., a Maryland limited liability corporation, (“movewithBE”, “Company”, “we”, “us”, or “our”) concerning your access to and use of our website at https://www.movewithBE.site as well as any other media form, media channel, or mobile application related, linked, or otherwise connected thereto (collectively, our “websites”, “Sites”, or “Platform”). movewithBE is an online movement-based education and coaching platform that offers teaching, dance, and fitness coaching services (“Services”).

By accessing, registering, or using any part of the Platform, you agree that you have read and understood these Terms, and that these Terms create a valid and binding agreement, enforceable against you in accordance with the Terms listed. Your use of the Platform shall comply with all applicable international, federal, state and local laws, rules or regulations, and that you are solely responsible for your compliance with, familiarity with and understanding of any such laws, rules or regulations applicable to your use of the Platform. If you do not accept these Terms and all the policies and documents incorporated herein by reference in their entirety, you may not use the Platform.

To the extent permitted by applicable law, we reserve the right, in our sole discretion, at any time, to amend these Terms or post supplemental terms and conditions or documents, including new features or functionality on the Platform, without prior notice to you, by posting a revised version of the Terms and alerting you about any changes by updating the “Last Revised” date of these Terms of Use. In the event of conflicting terms, the supplemental terms will govern. Any revisions to these Terms or updates to the Platform will take effect when a revised version or a notification is posted on the Platform unless otherwise stated. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of our Site after the date such revised Terms of Use are posted.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING OUR SITES OR ACCESSING OUR PLATFORM AND YOU MUST DISCONTINUE USE IMMEDIATELY.

The information provided on our Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access our Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent that local laws are applicable.

ABOUT THE MOVEWITHBE PLATFORM

We are an online movement-based education and coaching platform that offers one-on-one coaching services, educational articles and videos, and live and/or pre-recorded group videos webinars by movewithBE “Service Providers”. All services and educational material listed on the Platform shall be referred to as the “Services”. A user who utilizes the free resources or purchases Services through the Platform shall be referred to as a “Customer” in these Terms.

We reserve the right, at our sole discretion, to remove any Service, or terminate any user’s account if we believe that any violation of these Terms or any policy incorporated herein by reference has occurred.

PLATFORM USERS

Unregistered users may access movewithBE Services. If you wish to purchase a Service on the movewithBE Platform, you must first register as a Customer by signing up on the movewithBE Teachable Site and creating a customer account (“Account”).

MINIMUM AGE REQUIREMENT

In order to register on our Platform as a Customer, you must meet our minimum age requirement of 18 years old. Persons under the age of 18 are not permitted to register on our Site. If you do not meet the minimum age requirement, you must not register on our Platform.

ACCOUNT ACTIVATION FOR PAID SERVICES

For paid services, you must enter payment details and log in on the movewithBE Teachable Platform to activate your account. In some cases, account activation also requires you to update your profile.

USER REGISTRATION & REPRESENTATIONS

When registering for a Customer account on our Platform, you will be asked to provide certain information about yourself. You represent and warrant that: (1) all information you submit belongs to you and is true, accurate, current, complete and does not violate any of your obligations under these Terms of Use; (2) you will maintain and ensure the confidentiality and security of your Account’s login information and all activities that are conducted under your Account; (3) you will maintain the accuracy of such information and promptly update such information as necessary; (4) you have the legal capacity and you agree to comply with these Terms of Use; (5) you meet the minimum age requirements set by us; (6) you will not access our Site through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use our Site for any illegal or unauthorized purpose; and (8) your use of our Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, incomplete, or belongs to someone else, we have the right to suspend or terminate the account and refuse any and all current or future use of our Site (or any portion thereof). We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

You also acknowledge that your Account is personal to you and agree not to provide any other person with access to the Platform or portions of it using your user name, password, or other security information. You also agree to ensure that you will exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. By using your Account, you acknowledge and agree that our account security procedures are commercially reasonable. You agree to immediately notify us in the event of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to keep your login information in confidence.

If you register for an Account on behalf of an entity, you represent and warrant that you have the authority to bind that entity to this Agreement. In that event, “you,” “your,” or “user” will refer and apply to that entity.

You may deactivate your movewithBE Customer account at any time by notifying us at the contact email listed below. We may suspend or deactivate your Customer account at any time in our sole discretion for any or no reason, including if we suspect that you have violated or will violate any provisions of these Terms.

PROHIBITED ACTIVITIES

You may not access or use our Site for any purpose other than that for which we make our Site available. Our Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. You agree that you shall not use the Platform or the Services to transmit or knowingly or recklessly receive (or knowingly or recklessly authorize or permit any other person to receive or transmit) material which is unlawful, obscene, fraudulent, threatening, menacing, offensive, defamatory, abusive, untrue, or otherwise objectionable, in breach of confidence, in breach of any intellectual property right (including copyright) or which may cause anxiety to others including racist or sexist content or material which otherwise violates any applicable law or regulation or code, or which makes excessive demands for bandwidth or contains any virus or which may otherwise impair or harm movewithBE’s computer systems or any third party computer system.

As a user of our Site, you agree not to:

Impersonate other professionals or entities, or provide/upload inaccurate, misleading or false information about yourself including: photos, articles, videos, professional qualifications including licenses, certificates, insurance documents, social media profiles, or other documents that are not your own. Also, you will not enter contact information (email or phone number) that is not your own.
Engage in any communication or conduct which contains explicit content, nudity or sexual emphasis, profanity, racism, bigotry, vulgarity, or abusiveness.
Engage in unauthorized sales or marketing, or promote anything unlawful, misleading, fraudulent, or use the Site for illegal or unauthorized purposes.
Create multiple accounts without our express written consent. However, a Service Provider is permitted to create a Customer account using a different email address.
Provide your login credentials to another party without our express written consent.
Service Providers shall not solicit any user to use another online service for the purpose of obtaining independent contractor services.
Imply that any statements you make are endorsed by movewithBE without prior written consent for each instance.
Systematically retrieve data or other content from our Site to create or compile, directly or indirectly, a collection, compilation, or database without written permission from us.
Make any unauthorized use of our Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Circumvent, disable, or otherwise interfere with security-related features of our Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of our Site and/or the Content contained therein.
Engage in unauthorized framing of or linking to our Site.
Trick, defraud, or mislead us and other users on any of our Site, especially in any attempt to learn sensitive account information such as user passwords.
Make improper use of our support services or submit false reports of abuse or misconduct.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Interfere with, disrupt, or create an undue burden on our Site or the networks or services connected to our Site.
Attempt to impersonate another user or person or use the username of another user.
Use any information obtained from our Site in order to harass, abuse, or harm another person.
Use our Site as part of any effort to compete with us or otherwise use our Site and/or the content of our Site for any revenue-generating endeavor or commercial enterprise.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of our Site.
Attempt to bypass any measures of our Site designed to prevent or restrict access to our Site, or any portion of our Site.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of our Site to you.
Delete the copyright or other proprietary rights notice from any content.
Copy or adapt our Site’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of our Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of our Site.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses our Site, or using or launching any unauthorized script or other software.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or our Site.
Use our Site in a manner inconsistent with any applicable laws or regulations.

SOCIAL MEDIA

As part of the functionality of our Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through our Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through our Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on our Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, the Social Network Content may no longer be available on and through our Site. You will have the ability to disable the connection between your account on our Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use our Site. You can deactivate the connection between our Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

INTELLECTUAL PROPERTY RIGHTS & OWNERSHIP

Unless otherwise indicated, our Site is our proprietary property and we own all intellectual property rights, title and interest for our Site, including but not limited to, all content, source code, databases, functionality, files, software, trade secrets, website page layouts and designs, audio, video, text, photographs, and graphics on our Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned by us or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.The Content and the Marks are provided on our Site “AS IS” for your information and personal use only. movewithBE shall be the sole and exclusive owner of all trade secrets, copyrights, trademarks, and additional intellectual property rights in and to the movewithBE property/websites. Except as expressly provided in these Terms of Use, no part of our Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use our Site, you are granted a limited license to access and use our Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. You must not change the printed or digital copies of any content you have printed off or downloaded, and must not use any illustrations, photographs, video or audio sequences or graphics separately from any accompanying text. You must always acknowledge us (and any identified contributors) as the authors of content on our site. If you print off, copy or download any part of our site in a way that breaks these terms of use, your right to use our site will end immediately and you must return or destroy (as specified by us) any copies you have made of the content. We reserve all rights not expressly granted to you in and to our Site, the Content and the Marks.

SITE UPDATES

We reserve the right, at any time and at our sole discretion, to modify, suspend, or discontinue the operation of the Platform or any part thereof with or without notice. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of operation of the Platform or any part thereof. Any future release, update, or other addition to any of the functionalities of the Platform shall be subject to the terms and conditions of these Terms.

MOVEWITHBE PAID PRODUCTS & SERVICES

Certain products and services offered by movewithBE are made available to users of the Platform on a paid basis. Users that choose to use our paid services agree to the following additional terms and conditions. You agree to provide current, complete, and accurate purchase and account information for all purchases made via our Site. You further agree to promptly update payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. movewithBE reserves the right to change, modify, discontinue, temporarily or permanently, our Services (or any part thereof) and the pricing for those services at any time, with or without notice. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services. Any taxes due on services shall be paid by the Customer. If the customer is exempt from otherwise applicable taxes, Customer must submit its tax identification number and exemption certificate to movewithBE for review before the start of paid services. Payment processing is through the Teachable online payment Platform. We accept the following forms of payment: Visa, Mastercard, American Express, and Discover.

movewithBE reserves the right to cancel any purchase made through our Site for any reason. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. Other common situations in which orders are cancelled may include pricing errors, availability issues, or credit card payments that are declined by the issuing financial institution.

Users agree to compensate movewithBE for its reasonable expenses, including attorney and collection agency fees, incurred in the collection of payments and the enforcing of its rights under this agreement.

CANCELLATION POLICY

Services booked through the Platform are subject to the following Cancellation Policy. Customer’s credit card shall be authorized for services at the time of booking. Customers shall pay for services booked after confirmation. movewithBE will send the Customer a reminder at least 48-hours prior to the time of the scheduled session. Customers will have an opportunity to cancel or reschedule any Service at least 24 hours prior to the scheduled time of the session. If Customer fails to confirm or cancel the booking of the session within the allotted time, Customer agrees that the session will be considered confirmed. If a Customer misses a session or does not show up for any reason, a refund or rescheduling of the Service may be provided only at the discretion of the Service Provider (it is your responsibility to negotiate the refund or rescheduling of the Service with the Service Provider).

movewithBE may terminate your account without notice in the event that you breach any of these Terms of Use. In the event of any termination, we will not refund any of the Fees already paid. Such termination of the Services will result in the deactivation or deletion of your account or loss of your access to your account, and the forfeiture and relinquishment of all content in your account. We reserve the right to refuse service to anyone for any reason at any time.

If you sign up for any of our free services such as our newsletter, you may cancel at any time by unsubscribing from the specific site by clicking on the unsubscribe link or contacting the Site directly using the email listed at the end of this agreement.

PAYMENT FOR PRODUCTS & SERVICES

Product and services descriptions and prices on the Platform are subject to change without notice. Customers shall honor and agree to the prices established at the time of purchase.

MOVEWITHBE SERVICES FOR CLIENTS

With respect to any paid or free services offered, movewithBE cannot promise the effectiveness of any of its Services. movewithBE makes no promise or guarantee of specific results with either free or paid services from your use of our Services. All services are performed for general and informational use only.

EMAIL SERVICES

After utilizing our free services or making a purchase on movewithBE’s Site, you may receive offers for our other products that may be of interest to you. If you no longer wish to receive information from any of our Site listed above, you can opt out of being contacted by unsubscribing from the email list.

USER GENERATED CONTRIBUTIONS

As a user of our Platform, you may be asked to provide ratings, reviews, and other feedback regarding the Site, Platform or Services, or chat, contribute to, or participate in blogs, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.

Your Contributions to us are on an “as is” basis with no warranties of any kind and you hereby grant us a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use, modify, and distribute such Contributions in any manner without compensation, or attribution of any kind. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Contributions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Contributions, and you hereby warrant that any such Contributions are original with you or that you have the right to submit such Contributions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Contributions.When you create or make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral
rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.

We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

MEDICAL & PROFESSIONAL ADVICE DISCLAIMERS

Services and other content listed on the Platform offer information that is designed for educational and entertainment purposes only. You should consult your physician if you have any concerns regarding your health status. You should not rely on information from material found on the website as a substitute for professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other healthcare professional. Do not disregard, avoid or delay obtaining medical or health-related advice from your healthcare professional because of information available on the Platform or communicated to you through the Platform. The use of information provided through the Platform including any Service is solely at your own risk. Nothing stated or posted on the Platform is intended to be, and must not be taken to be, the practice of medical or counseling care. The practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, or providing healthcare treatment, instructions, diagnosis, prognosis or advice. The Platform is continually under development and the Content it hosts is being continuously populated; therefore, the Company makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness of any part of Content for any purpose.

THIRD-PARTY WEBSITES AND CONTENT

Our Site may contain (or you may be sent by registering on our Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through our Site or any Third-Party Content posted on, available through, or installed from our Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-PartyContent does not imply approval or endorsement thereof by us. If you decide to leave our Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from our Site or relating to any applications you use or install from our Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

SITE AVAILABILITY & MANAGEMENT

We try to ensure continuous availability of our Site and all the services available on it but accept no responsibility for the consequences of interruptions or delays, however caused. The use of the Platform and Services may require you to have a computer and a sustained and reliable internet connection. We do not provide refunds for technical failures, power outages or unreliable internet connections beyond our control. All liability of movewithBE and its companies, its directors or employees howsoever arising for any loss whatsoever arising from your use of or inability to use the Site and/or the Services is excluded, insofar as it is possible to do so in law. We may, additionally, alter the design and specification of our Site at any time.

We reserve the right, but not the obligation, to: (1) monitor our Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from our Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage our Site in a manner designed to protect our rights and property and to facilitate the proper functioning of our Site.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policies at the links provided in the footer of our Site. By using our Site you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised our Site is hosted in the United States. If you access our Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of our Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 18 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from our Site as quickly as is reasonably practical.

COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by our Site infringes your copyright, you should consider first contacting an attorney.

TERM AND TERMINATION

These Terms shall remain in full force and effect while you are a registered user and/or you use our Site. You may deactivate your movewithBE account at any time, for any reason, by contacting us at movewithbeco@gmail.com. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, to terminate this Agreement and deny access to and use of our Site (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. We may terminate your use or participation in our Site or delete your account and any content or information that you posted at any time, without warning, at our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

NON-CIRCUMVENTION

During the term of these Terms and for two years thereafter, no user shall, directly or indirectly, circumvent, initiate, solicit, negotiate, contract or enter into any business transactions with any Service Provider introduced by us through the Platform, without our written consent.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of our Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of our Products/Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of our Site.

We cannot guarantee our Site and the Products/Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to our Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify our Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use our Site during any downtime or discontinuance of our Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support our Site or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Terms of Use and your use of our Site is governed by and construed in accordance with the laws of the State of Maryland applicable to agreements made and to be entirely performed within the State of Maryland, without regard to its conflict of law principles.

DISPUTE RESOLUTION

Disputes Among Users

You agree to use your best efforts to settle any dispute you may have with any other user of the Platform in an amicable way by mutual negotiations. However, should an amicable settlement between you and another user be impossible, we will try facilitating the resolution of the dispute. If you have any dispute, contact us at movewithbeco@gmail.com. The Company will make an attempt to assist by reviewing the dispute and proposing a mutual, non-binding resolution to the disputing parties. If our dispute process does not resolve your problem, you may pursue the issue independently, but you acknowledge and agree that the Company will not and is not obligated to provide any dispute assistance beyond what is offered in this Dispute Resolution section.

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Maryland. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Maryland, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

In no event shall any Dispute brought by either Party related in any way to our Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

RESTRICTIONS

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

EXCEPTIONS TO ARBITRATION

The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

CORRECTIONS

There may be information on our Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on our Site at any time, without prior notice.

DISCLAIMERS & WARRANTIES

Our Site is provided on an as-is and as-available basis. You agree that your use of our Site services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, expressed or implied, in connection with our Site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of our Site’ content or the content of any websites linked to our Site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from our Site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our Site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via our Site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through our Site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Any material downloaded or otherwise obtained through the use of the Services are accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from movewithBE or through or from the Services shall create any warranty not expressly stated in these terms.

Save to the extent required by law, no representations, warranties or terms of any kind are made in respect of the Site and/or the Services or their contents (including, without limitation, any views or comments made). All information included in and/or on the Site, the Services and/or in any articles, blogs, webinar or other content made available on or by the Site and/or the Services has been made available for guidance only. In addition, movewithBE makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published on our site. The information contained on our Site may contain technical inaccuracies or typographical errors. Your use of such information is therefore entirely at your own risk. All liability of movewithBE, its directors, employees or other representatives howsoever arising for any loss suffered as a result of your use of the Site and/or the Services is expressly excluded to the fullest extent permitted by law.

Our Services are intended for those customers seeking coaching services from a Service Provider listed on the movewithBE Platform. Other than as expressly set in these Terms, movewithBE makes no warranty that (1) the Services will meet your requirements or expectations, (2) that your access to or use of the Services will be uninterrupted, timely, secure or error free, (3) that any defects in the Services will be corrected, or (4) that the Services or any server through which you access the Services are free of viruses or other harmful components, (5) that it will be effective in meeting your objectives.

movewithBE is not responsible for the accuracy of the material you upload to any of our Site; if you find an error on any material you upload, it is your responsibility to correct it in a timely manner. Nothing on our Site shall be considered an endorsement, assumption of responsibility, or warranty with respect to any third party, whether in regard to their website, products and services, technology, or business practices.

LIMITATIONS OF LIABILITY

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of our Site, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

INDEMNIFICATION

You recognize and acknowledge that there are inherent risks of physical or mental injury to participants in any coaching activity, including any Services offered via our Platform by Service Providers, and you voluntarily agree to assume full risk of any and all injuries, damages or loss, regardless of severity, that you may sustain as the result of any Service. You hereby, on behalf of yourself, your heirs, executors and assigns, fully, forever and irrevocably waive and release any and all claims, now known or hereafter known, against the Company, its shareholders, directors, officers, affiliates, representatives, employees, subsidiaries, agents, consultants, affiliated companies, partners, successors and Service Providers (hereinafter collectively referred to as “Indemnified Parties”) on account of injury, illness, disability, death, or property damage arising out of or attributable to the Services or the Platform, whether arising out of the ordinary negligence of the Company or any Indemnified Parties or otherwise. You covenant not to make or bring any such claim against the Company or any other Indemnified Parties, and forever release and discharge the Company and all other Indemnified Parties from liability under such claims.

You agree to defend, indemnify, and hold harmless Indemnified Parties against any and all losses, damages, actions, judgements, settlements, fines, costs, liabilities, demands, claims of any kind, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of our Site or the Services offered on our Platform; (2) breach of these Terms of Use; (3) any breach of representations and warranties set forth in these Terms of Use, including without limitation claims alleging negligence on behalf of any of the Indemnified Parties; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of our Site with whom you connected via our Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

In the event that you have a dispute with one or more users of the Platform (including without limitation, any dispute between users regarding any transaction or user contributed Content) or any Third-Party Site that may be linked to the Platform, including without limitation any social media site, you hereby agree to release, remise and forever discharge Indemnified Parties from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with such dispute and/or your use of the Platform.

USER & PERSONAL DATA

We will maintain certain data that you transmit to our Site for the purpose of managing the performance of our Site, as well as data relating to your use of our Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using our Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

To the extent that either party transmits or receives personal information, such party shall comply with all applicable laws, rules, and regulations regarding privacy and the lawful processing of personal information. To the extent that personal data obtained by you from movewithBE is subject to the E.U. General Data Protection Regulation (the “GDPR”), each party agrees that it is a “controller” with respect to such data as defined in the GDPR and agrees to comply with all applicable provisions. Notwithstanding anything in this Agreement to the contrary, Licensee shall not use any information subject to the GDPR unless it is for a purpose that constitutes a “legitimate interest” (including direct marketing) as defined in the GDPR, or you have another lawful basis to process such information.

Your personal data will be collected and processed by movewithBE in accordance with its privacy policy. You hereby agree to these terms in our privacy policy by your agreement to these Terms & Conditions.

You may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without movewithBE’s prior written consent.
movewithBE reserves the right to assign or transfer all or any of its rights and obligations under this Agreement to any companies in the same group as movewithBE or any other third party. In the event of assignment or transfer, notification will either be given to you by e-mail or posted on the Website.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting our Site, sending us emails, and completing online forms constitute electronic communications. You consent to the use of electronic means to execute these Terms. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on our Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA OUR SITES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on our Site or in respect to our Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of our Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them.

You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

CONTACT US

If you have any questions or comments about these Terms, please do not hesitate to contact us. In order to resolve a complaint regarding our Site, provide feedback, request technical support, or to receive further information regarding the use of our Site, please contact us as follows:

Writing us at our mailing address:

movewithBE LLC

16405 Livingston Rd PO Box 41, Accokeek, MD, 20607-9998 United States

Send us a message via our contact email

CHANGES TO THIS STATEMENT

movewithBE will occasionally update this Terms of Use to reflect company and customer feedback. movewithBE encourages you to periodically review these Terms.