Policies & Procedures
Class Liability Waiver and Release
I hereby acknowledge and fully understand the potential dangers incidental to engaging in the dance, fitness and exercise activities, including Move-Assure classes, that take place through the Move-Assure website(s), including through Move-Assure Studio (the “Class”), and that such activities require physical effort and exertion. I further acknowledge and agree that (i) I am responsible for consulting my physician or other health care provider prior to enrolling and participating in a Class to determine whether participating in a Class is appropriate for me; (ii) I will not enrol in or participate in Classes if my physician or health care provider advises against it; and (iii) if I experience faintness, dizziness, pain or shortness of breath at any time during a Class that I will stop immediately and contact my physician or health care provider
I acknowledge and understand that my participation in a Class could result in my exposure to bodily injury, illness, loss or death, as well as property losses and/or damage to property. For and in consideration of Move-Assure Ltd. (“Move-Assure”) permitting me to locate and enrol in virtual Classes through the Move-Assure websites, and the instructor teaching such Classes (the “Instructor”) permitting me to enrol and participate in the Classes, and in recognition of the possible dangers to which I voluntarily subject myself by participating in the Classes and related activities, I HEREBY AGREE AS FOLLOWS:
- I acknowledge and understand that my participation in a Class could result in my exposure to bodily injury, illness, loss or death, as well as property losses and/or damage to property. For and in consideration of Move-Assure Ltd. (“Move-Assure”) permitting me to locate and enrol in virtual Classes through the Move-Assure websites, and the instructor teaching such Classes (the “Instructor”) permitting me to enrol and participate in the Classes, and in recognition of the possible dangers to which I voluntarily subject myself by participating in the Classes and related activities, I HEREBY AGREE AS FOLLOWS:
- I hereby voluntarily for myself, my spouse, assignees, heirs, guardians or personal representatives, from the date of entry into this Waiver and Release, hold Move-Assure and the Instructor teaching the Classes I enrol and participate in, as well as their agents, employees, officers, directors, spouses, assignees, heirs, guardians or personal representatives blameless and waive any and all rights and causes of action and associated costs for any accident, injury, illness or death, occasioned by my participation in the Classes, unless caused by the negligence of Move-Assure or the Instructor, their agents, employees, officers, directors, spouses, assignees, heirs, guardians or personal representatives.
- In the event I am injured, I voluntarily agree to assume any financial obligation, either through personal health insurance, or through some other means, for any medical costs which I incur and Move-Assure and the Instructor teaching the Class assumes no responsibility for any medical expenses, injury, or personal damage suffered by me in connection with the use of any facilities or services in connection with the Classes, unless caused by the negligence of Move-Assure or the Instructor, their agents, employees, officers, directors, spouses, assignees, heirs, guardians or personal representatives.
- I hereby voluntarily assume all risk of damage or loss to my property while participating in the Classes and relieve Move-Assure and the Instructor teaching the Class from liability for any and all property damage or loss, unless caused by the negligence of Move-Assure or the Instructor, their agents, employees, officers, directors, spouses, assignees, heirs, guardians or personal representatives.
You acknowledge and agree that by clicking on a “Sign-Up” button and signing up for an account on the Move-Assure website, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by these terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, 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 THROUGH THE MOVE-ASSURE WEBSITE OR SERVICES OFFERED BY MOVE-ASSURE. Further, 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 other than electronic means.
Last Updated November 10, 2021
Your use of the Site does not grant to you ownership of any Content, code, data or materials you may access on the Site. You may view the content on the Site on your computer or other internet-compatible device. Any distribution, publishing or exploitation of the Site, or any Content, code, data or materials on the Site, is strictly prohibited unless you have received the express prior permission of Move-Assure or the applicable rights holder. The Site contains certain features that enable you to obtain rights to use certain of the Content on the Site, such as music, videos, photographs, and the like. In such situations, your rights to use such Content are strictly limited to the rights expressly granted by Move-Assure in such situations. You may not otherwise copy, reproduce, distribute, publicly display, sell, create derivative works from, decompile, reverse engineer, disassemble, or otherwise exploit any Content, code, data or materials on the Site including, but not limited to, any music, videos, or photographs. If you make other use of the Site, or the Content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of England and Wales, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. Move-Assure will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
The use and accessibility of certain portions of the Site are only available to members of our Move-Assure Network Members (collectively, the “Members”) who receive materials through the Move-Assure platform or any other platform made available to them. These portions of the Site, which include, but are not limited to, the Move-Assure platform, are only accessible to Members who are eligible and remain in good standing. In the event a person cancels or fails to renew his/her Move-Assure Membership, or, if such membership lapses or is terminated for any reason, access to these portions of the Site will be immediately disabled and any content contained therein (including, for example, access to music and choreography videos) will no longer be accessible to that person.
By using the Site, you will be deemed to have irrevocably agreed to the Terms. Some portions of the Site may be subject to additional terms that will be available for your review prior to accessing these portions of the Site. Such additional terms, which are incorporated herein, will not change or replace these Terms, unless otherwise expressly stated.
Move-Assure reserves the right to modify, alter, update, or remove portions of the Terms at any time without notice, so please check the Terms from time to time. Your continued use of the Site signifies your acceptance of any changes. Move-Assure’s failure to enforce these Terms at any time for any reason shall not be construed as a waiver of its right to enforce them at a later time.
- DISCLAIMERS AND WARRANTIES
Content on the Site is provided for entertainment purposes only. The Site and Content are provided on an “as is” and “as available” basis. YOUR USE OF THE SITE IS AT YOUR OWN RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MOVE-ASSURE LTD EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO THE SITE OR CONTENT, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
NEITHER MOVE-ASSURE NOR THE SITE PROVIDES MEDICAL ADVICE. THE SITE IS FOR CONSUMER EDUCATIONAL USE ONLY. NOTHING CONTAINED IN THE SITE IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. THE SITE, INCLUDING THE MATERIAL AND ANY RELATED SERVICES OR INFORMATION, DOES NOT CONSTITUTE THE PRACTICE OF ANY MEDICAL, NURSING OR OTHER PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIED HEALTH CARE PROFESSIONAL IMMEDIATELY.
MOVE-ASSURE DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SITE, INCLUDING IN ANY MATERIALS. RELIANCE ON ANY INFORMATION PROVIDED BY THE SITE, THE MATERIALS, OR ANY MOVE-ASSURE EMPLOYEES OR OTHERS APPEARING ON THE SITE OR IN ANY MATERIALS IS SOLELY AT YOUR OWN RISK.
Move-Assure does not make any representations or warranties that (a) the Site or Content will meet your requirements or expectations; (b) the operation of the Site or Content will be uninterrupted, timely, secure, accurate, or error-free or that any errors will be corrected; (c) any particular results will be obtained from the use of the Site; or (d) the Site or the server that make the Site available are free of viruses or other harmful components. The above exclusions apply to you to the extent permitted by applicable law.
- MOVE-ASSURE’S USE OF CONTENT
You acknowledge your responsibility for any information, profiles, reviews, comments, messages, text, files, images, photos, video, music, sounds, or other content or materials (“User Content”) you submit, upload, post or otherwise provide or make available to us or our vendors, on or through the Site or otherwise, including User Content you upload or post on third party websites, such as Instagram, Twitter, Facebook and Pinterest, that are associated with hashtags related to Move-Assure, including, for example, #moveassure, #drdance, #doctordance, and #ddmix (“Submissions”). Such Submissions may be used on the Site and/or on other Move-Assure marketing materials, including on the Site, in emails and on social media. You may only make a Submission if you are 18 years of age or older. If we select a Submission for use on the Site, it may be displayed for others to see, together with your name and associated Instagram, Twitter, Facebook or Vine (if applicable) profile information (such as your handle and profile picture). We are under no obligation to display, feature or use any Submission, but may do so at our discretion.
You further represent and warrant that your Submissions do not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify Move-Assure, our vendors, and third parties such as Instagram, LLC, Twitter Inc., Facebook, Inc., Vine Labs, Inc., Pinterest, Inc. and Google Inc. and any of our or their respective parents, affiliates, licensees, licensors, and each of our or their respective officers, directors, employees, successors, agents and assigns, for all claims arising from or in connection with (a) the use of any Submission, including, without limitation, all claims arising out of or based upon copyright or trademark infringement, misappropriation, invasion of privacy, defamation, right of publicity and/or any blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization or use in any composite form of your or any other person’s or entity’s name, Instagram, Twitter, or Vine handle, Facebook ID, profile picture, image, likeness, comments, posts, statements or other information and/or the Submission; or (b) any breach or alleged breach by you of any of these Terms or applicable laws.
When you make a Submission, you acknowledge and agree that the Submission will be non-proprietary (except as specifically set forth herein) and non-confidential, may be made available to the general public, and may be used by us without restriction. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory.
Move-Assure reserves the right, in our sole discretion, to edit any Submission and to choose to include or not include such Submission on the Site or otherwise use the Submission. The Site may include the opinions, statements and other content of third parties. We are not responsible for screening, monitoring or verifying such content, including such content’s accuracy, reliability or compliance with copyright or other laws. Any opinions, statements, or other materials made available by third parties through the Site are those of such third parties and not of Move-Assure, and we do not endorse any such opinions, statements, or materials.
You acknowledge and agree that we have no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third party of any Submission.
Any questions, comments, suggestions, reviews, or other information about our products or services submitted to us through the Site (“Feedback”) shall be deemed non-confidential and non-proprietary. We shall be free to use, reproduce, disclose and distribute such Feedback in any manner without limitation. We specifically prohibit you from sending us any information that you consider to be confidential or proprietary. Please note that if you do send us any such information or material, the information will be non-confidential and non-proprietary and we can fully exploit the information without any obligation or liabilities to you.
You understand that we do not control, and are not responsible for Feedback made available through the Site and that by using the Site, you may be exposed to Feedback that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. We expressly disclaim any liability for such Feedback. In that regard, you agree that you must evaluate, and bear all risks associated with, the use of any Feedback, that you may not rely on said Feedback, and that under no circumstances will we be liable in any way for any Feedback or for any loss or damage of any kind incurred as a result of the use of any Feedback posted, emailed or otherwise made available. You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse, delete or move any Feedback for any reason.
Your interactions with organizations, events and/or individuals found on or through the Site are solely between you and such organizations and/or individuals. We expressly disclaim any liability for such organizations, events or individuals.
- LINKS TO THIRD PARTY WEBSITES
The Site includes links to various third party websites. We are providing these links solely as a convenience. Such linked third party sites are not under our control. We have not reviewed all of the sites linked from the Site and are not responsible or liable for the contents available at any such linked site. The appearance of a third party link on the Site does not imply our endorsement of the linked site, its sponsors or any products or services offered on the linked site. Use of any linked site is at your own risk.
You agree to indemnify, defend, and hold harmless Move-Assure Ltd. and its officers, employees, directors, affiliates, agents and sponsors from and against any and all claims, damages, costs, or other expenses (including reasonable attorneys’ fees) that arise directly or indirectly out of or from: (a) your breach of these Terms or of any representation or warranty made by you in these Terms; (b) any Submissions you make; and/or (c) your activities in connection with the Site or Content.
- APPLICABLE LAWS AND JURISDICTION
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and your purchase of the products and services on the Site.
Move-Assure controls the Site (excluding third party linked sites) from our offices in London, United Kingdom. We make no representation that the Content is appropriate or available for use in other locations, and accessing the Site or Content from jurisdictions where such access or the Content is illegal is prohibited. Users are solely responsible for compliance with all the laws of their jurisdictions. The laws of England and Wales, specifically excluding choice or conflict of laws principles, will apply to all disputes relating to or arising from your use of the Site (a “Dispute”).
You also acknowledge and understand that, with respect to any Dispute: YOU ARE GIVING UP YOUR RIGHT 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 INVOLVING ANY DISPUTE.
In the event we incur attorneys’ fees or expenses in connection with the collection of sums owed to us by you under these Terms, we shall be entitled to the recovery of those fees and expenses from you.
- COPYRIGHTS AND TRADEMARKS
The Site and Content are the property of Move-Assure Ltd., and its licensors and are protected by UK and International Copyright laws. All copyrights, trademarks, and other proprietary rights on the Site and in the Content, services, products, software, text, graphics, design elements, audio, music, and all other materials originated or used by Move-Assure, Ltd. on the Site or elsewhere are reserved to Move-Assure, Ltd. and its licensors.
In addition, the Site may contain trademarks, logos, and links to third party websites. Any third party domain names, URLs, trademarks or logos appearing on the Site or in the Content are the sole property of their respective owners.
If you believe any Content infringes your copyright, please provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the photograph and/or video content you claim is infringing and where it is located on the Site; (d) your address, telephone number, and email address; (e) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (f) a statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Counter notification, as permitted by applicable law and, in particular, the Digital Millennium Copyright Act, may be sent to Move-Assure’s designated agent listed below. All counter notifications must include responsive information to what is set forth above including any required statements or signatures. Contact us by email: firstname.lastname@example.org
- TERM AND TERMINATION
These Terms and your right to use the Site will take effect at the moment you install, download, access, or use the Site or Materials and is effective until terminated as set forth below. These Terms will terminate automatically if you fail to comply with any of the terms and conditions described herein. Move-Assure also reserves the right to terminate these Terms (including any registered account) at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraud, illegal activity, or actions or omissions that violate any term or condition of these terms, or in order to protect its name, business, or goodwill and/or any other user. You acknowledge and agree that Move-Assure shall have the sole right to determine in its reasonable discretion whether you are engaging in any unauthorized activity and/or violating any term or conditions of these Terms. Move-Assure shall also not be responsible or liable for any damages or loss, such as loss of sales or profits, as a result of any termination of these Terms in accordance with this Section. You may also terminate this Agreement at any time by ceasing to use the Site. But, all applicable provisions of these Terms will survive termination, as outlined below. Any licenses from Move-Assure and any right to use the Site shall immediately cease upon termination of these Terms. The provisions concerning Feedback, Move-Assure’s ownership rights, the user content license grant, representations and warranties, warranty disclaimer, limitation of liability, governing law, enforcement, termination, and the miscellaneous terms will survive the termination or expiration of these Terms for any reason.
- MOBILE SERVICES
The Site may include certain services that are available to you via your mobile phone or other mobile device if you have subscribed to them, including the ability to use your mobile device to receive and reply to messages from Move-Assure, and access certain other features (collectively, “Mobile Services”). By using the Mobile Services, you agree that Move-Assure may communicate with you by SMS, MMS, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to Move-Assure. In the event you change or deactivate your mobile telephone number, you agree promptly to update your mobile subscription account information to ensure that the messages Move-Assure intends to send to you are not sent to another person who acquires your former mobile telephone number. Please note that your mobile carrier’s normal messaging, data, and other rates and fees will still apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you.
What information do we collect and what do we do with it?
When you enrol as a student or subscriber (“learner”) on our site or related classes, as part of the enrolling process, or if you make a purchase of our services or products, we collect the personal information you give us such as your name and email address.
Email marketing: we may send you emails about our site and related course(s) and classes, registration, course content, your course progress or other updates. We may also use your email to inform you about changes to the course, survey you about your usage, or collect your opinion.
How do you get my consent?
When you provide us with personal information to become a learner on our site, make a purchase, or participate in the course or class, you imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at email@example.com
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
If you make a purchase on our site, we use a third party payment processor such as Stripe or Paypal. Payments are encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our site and related courses and its service providers.
Third Party Services
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
Certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. If you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
When you click on links on our site, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
We collect cookies or similar tracking technologies. This means information that our website’s server transfers to your computer. This information can be used to track your session on our website. Cookies may also be used to customize our website content for you as an individual. If you are using one of the common Internet web browsers, you can set up your browser to either let you know when you receive a cookie or to deny cookie access to your computer.
Opting out: You can opt out of targeted ads served via specific third-party vendors by visiting the Digital Advertising Alliance’s Opt-Out page.
We may also use automated tracking methods on our websites, in communications with you, and in our products and services, to measure performance and engagement.
Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.
Web Analysis Tools
We may use web analysis tools that are built into the Move-Assure website to measure and collect anonymous session information.
Age of Consent
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence.
If our site or course is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at firstname.lastname@example.org