Updated August 1, 2020
Use of Our Services is made available to and provided for the benefit of website visitors, clients, members, and covered persons ("Authorized User"). "You" and "Your" means and includes you, as an Authorized User, as well as those whose Use of Our Services has been sponsored and authorized by an Authorized User.
This Agreement does not modify or affect the terms or conditions of any other agreement, contract, or license You may have with Motion Connected. We reserve all rights not expressly set forth in this Agreement.
1. Changes to Agreement
We will change or add to this Agreement as needed. We will post a notice of any significant changes made to this Agreement at the bottom of this Agreement and will indicate at the top when it was most recently updated. You signify that You agree to be bound by such changes by choosing to Use Our Services after changes are made to this Agreement.
We encourage You to check back regularly to review the latest version.
2. General Use of Our Services
You agree to, except where allowed under Intellectual Property for Motion Connected Content:
- Comply with this Agreement as well as any and all additional terms or conditions of any other agreement, contract, or license You may have with Motion Connected;
- not Use Our Services for any unlawful purpose;
- not license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make Our Services available to any third-party;
- not modify, translate, reverse engineer, decompile, or disassemble Our Services except to the extent that the foregoing restriction is prohibited by applicable laws or regulations;
- not create derivative works of Our Services;
- not frame or utilize framing techniques to enclose Our Services;
- not retransmit or store on a networked computer environment Our Services;
- not use any meta tags or any other hidden text utilizing Our name or trademarks;
- provide, update, and maintain accurate and complete information to Us required to Use Our Services.
3. Intellectual Property
"Motion Connected Content" includes text, graphics, images, trademarks, logos, audio, video, design, organization, look and feel, and all other works of authorship by Us of any kind available by Our Services. Motion Connected Content and Our Services, and their underlying technology, belongs to Us and are protected by copyright, trademark, patent, intellectual property, and other laws and regulations. Unless otherwise stated, Motion Connected Content may be copied only for Your personal use.
"Your Content" includes text, documents, photos, images, video, data, and other information and content you post, upload, store, send and share when You Use Our Services. You retain all rights to Your Content and agree to grant to Motion Connected a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute Your Content, in whole or in part, including your name and likeness, in any media. The rights you grant us are only for the limited purpose of offering and improving Our Services.
4. Communication Services
"Communication Services" includes message board, bulletin board, push notifications, and chat. You agree that the communication data and information provided by Our Communication Services is intended only to assist you with receiving and finding information relevant to You. It is not an endorsement of the data and information by Motion Connected, and Motion Connected does not offer advice on how You use it.
5. Health, Fitness, and Wellness Information
You agree that the wellness data and information provided by Our Services is intended only to assist You in Your personal health, fitness and wellness efforts and is not medical advice or diagnosis.
Motion Connected is not a medical organization and We do not offer medical advice or diagnosis. The data and information provided by Our Services should not be interpreted as a substitute for physician consultation, evaluation, or treatment. If You rely on data and information provided by Our Services, you do so solely at Your own risk; We make no endorsement, representation, or warranty of any kind about any data and information provided by Our Services.
We urge everyone to seek the advice of a physician before beginning any health, fitness and wellness related effort or regimen.
6. HIPAA Compliance
You agree you will comply with the privacy and security standards of the Health Insurance Portability and Accountability Act ("HIPAA") as well as any other laws and regulations addressing the protection of PHI and other health-related information.
7. Code of Conduct
You agree to not Use Our Services, or allow, enable, or knowingly condone others to Use Our Services, in a way that:
- causes any person to breach any rules or laws, regulations, or other legal obligation;
- causes any person to breach this Agreement;
- infringes on the intellectual property or other rights of any person;
- defames, harasses, threatens, menaces, offends or restricts any person; is, or could reasonably be, considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
- would bring Motion Connected into disrepute.
Our Services stores, hosts, maintains, or otherwise manages health-related data and information that may or may not be classified as PHI. Therefore, security mechanisms have been implemented to protect this information as required under HIPAA. You agree to not violate or attempt to violate the security of Our Services.
Examples of activities that We consider actionable attempts on security include, without limitation: inputting, transmitting, and/or accessing data for which You do not have the appropriate authorization, consent, or permissions; interfering with, disrupting, disabling, or attempting to interfere with or otherwise disrupt or disable the service, use, and access of any Authorized User whether or not by means of transmission of harmful, deleterious, or malicious codes, such as viruses, timebombs, cancelbots, worms, trojan horses or other potentially harmful programs or other material or information to Our Services, crashing or disabling Our Services through other means; or logging on via an account that You are not authorized to access.
9. Third-Party Services
We may link to or promote Services from other companies or offer You the ability to download software from other companies. You acknowledge that third-party Services are independent from Our Services, and You agree that We are not responsible for, do not control, and do not make any representations whatsoever about those Services.
10. Indemnity of Motion Connected
You agree to assume sole and exclusive responsibility and liability for all access, use, activities, and/or omissions that occur in connection with Your Use of Our Services.
You agree to assume sole and exclusive responsibility and liability for anything You post, upload, store, send, share, distribute, reproduce, link to and transmit to third-parties when You Use Our Services.
You agree to defend, indemnify, and hold harmless Motion Connected from and against any claims, actions or demands to which We are a party as a result of any alleged negligence and/or fault on Your behalf that is associated with, related to, caused by, or, in any way, affiliated with or correlated to Your Use of Our Services. Such idemnity extends to reasonable legal and accounting fees associated with such claims, actions, or demands that allegedly result from Use of Our Services, and/or Your breach of this Agreement or any other agreement between the affected parties.
We may participate in the defense and any negotiations including settlement negotiations and You agree You may not settle any such claim or action which affects Our legal rights or obligations, without our express, explicit written consent. Please note that this will not relieve You of any responsibility if any court, judicial or governmental body or regulatory agency finds that You have incurred liability or responsibility in connection with a claim, action, or demand.
You agree that this Agreement, as well as any and all claims arising from this Agreement, will be governed by and construed in accordance with the laws and regulations of the State of Wisconsin, United States of America, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in Brown County, Wisconsin. If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be severed from the Agreement and the other provisions shall remain in full force and effect.
11. Termination of Rights of Access and Use
Notwithstanding these Terms, We reserve the right to restrict, suspend, or terminate Use of Our Services to any person if, in Our opinion, their Use of Our Services violates the terms of this Agreement or any other agreement, contract, or license they may have with Us.
We reserve the right to take the aforementioned actions without notice and as deemed appropriate and necessary at Our discretion, and such actions will not change or modify other rights or remedies that may be available to Us and/or any affected party, person, or entity under this Agreement or applicable laws or regulations.
12. Entire Agreement