Last Updated on February 28th, 2020
Welcome! Moovewell, LLC offers exercise related material and information on a subscription basis to fellow gym and workout enthusiasts. When you purchase access to the services via the subscription package, as described herein, you will receive monthly materials, information, workout plans and other exercise related content. This website is operated by Moovewell, LLC. Throughout the site, the terms “we”, “us” and “our” refer to Moovewell, LLC. Moovewell, LLC offers this Website (as defined herein), including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, use, service, conditions, policies and notices stated here.
PLEASE BE AWARE THAT SECTION 22 OF THESE TERMS OF WEBSITE, BELOW, CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND MOOVEWELL, LLC HAVE AGAINST EACH OTHER ARE RESOLVED. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS THAT YOU HAVE AGAINST MOOVEWELL, LLC TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT IN SECTION 22 OF THESE TERMS: (i) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST MOOVEWELL, LLC ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (ii) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION PROVISIONS SET FORTH IN SECTION 22 OF THESE TERMS COULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING CLASS ACTION LITIGATION. PLEASE SEE SECTION 22 FOR MORE INFORMATION REGARDING THESE ARBITRATION PROVISIONS, INCLUDING THE ARBITRATION PROVISIONS’ IMPACT ON THE PENDING CLASS LITIGATION AND HOW TO OPT OUT OF ARBITRATION. THE TERMS OF WEBSITE LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
2. Information about Moovewell, LLC and contact details
(a) Who we are. Moovewell, LLC is a company registered in the Commonwealth of Virginia, USA.
(b) Where we are based. Our registered mailing address is Moovewell, LLC, PO Box 70921, Henrico, VA 23255.
(c) How to contact us. You can contact us by writing to us at email@example.com.
(d) How we may contact you. If we have to contact you we may do so by email to the address you provided when you purchase access to the services or sign up for email communications through the Website.
(e) Email counts as “in writing”. When we use the words “writing” or “written” in these Terms, this includes emails. For contractual purposes, you consent to receiving communications from Moovewell, LLC by email.
3. Websites by Moovewell, LLC
The Website provided to you on and via this web site are provided on an “AS IS” basis, except where prohibited by law. You agree that Moovewell, LLC reserves the right to modify or discontinue provision of this web site and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice. To the fullest extent permitted by law, Moovewell, LLC will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.
4. Ownership; Copyright Restrictions
(a) The parties agree that all proprietary rights in the Website are and will remain the property of Moovewell, LLC. This includes non-personally identifiable aggregate data collected by Moovewell, LLC in connection with providing the Website, as well as usage statistics and traffic patterns, any and all rights, title and interest to which are hereby assigned to Moovewell, LLC by you.
(b) Moovewell, LLC reserves all of Moovewell, LLC’s rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that Moovewell, LLC may have in respect of this web site, its content, and goods and services that may be provided. Any use of Moovewell, LLC’s rights and/or services are prohibited without prior written consent given by Moovewell, LLC. By making the Website available to you, Moovewell, LLC is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this web site or provided services without prior written permission given by Moovewell, LLC.
(c) Photographs displayed on Moovewell, LLC’s website, in part or in entirety, are original works of authorship owned and copyrighted by Moovewell, LLC, expressed written consent has been given to Moovewell, LLC for use and display on our website on an “As Needed” basis. Express written permission is not given to you by Moovewell, LLC in this section and accordingly, you may not copy, display, reproduce, distribute, use for commercial gain, or otherwise exploit said photographs. The Website, including but not limited to software, content, text, photographs, images, graphics, video, audio and the compilation as a whole (“Content”), are copyrighted under U.S. copyright and other laws by Moovewell, LLC or its licensors, unless otherwise noted. You must abide by all additional copyright notices or restrictions contained in the Website or elsewhere. You may not delete any legal or proprietary notices in the Website or elsewhere.
(d) Except as noted below: (1) the Website may not be used, displayed, copied, reproduced, distributed, republished, uploaded, downloaded, posted, transmitted, mirrored or modified; and (2) except to the extent permitted by applicable law, you may not redistribute, sell, translate, modify, reverse-engineer or reverse-compile or decompile, disassemble or make derivative works of the Website or any Content or components that are available on the Website.
(e) You agree not to interfere or take action that results in interference with or disruption of the Website or servers or networks connected to the Website. You agree not to attempt to gain unauthorized access to other computer systems or networks connected to the Website. Moovewell, LLC reserves all other rights. Except as expressly provided herein, nothing on the Website or as part of the Website will be construed as conferring any license under Moovewell, LLC’s and/or any third party’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, Moovewell, LLC may revoke any of the foregoing rights and/or your access to the Website, or any part thereof, at any time without prior notice. Content License. As part of the Website, we may, in our sole discretion, permit you to post, upload, publish, submit or transmit certain content (e.g., services or merchandise reviews) (“Your Materials”). By making available any of Your Materials on or through the Website, you hereby grant to Moovewell, LLC the right to use Your Materials as necessary to provide the Website, promote the Website and improve the Website. Moovewell, LLC does not claim any ownership rights in any of Your Materials and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any of Your Materials.
(f) You acknowledge and agree that you are solely responsible for all of Your Materials that you make available through the Website. You represent and warrant that: (1) you either are the sole and exclusive owner of all of Your Materials that you make available through the Website or you have all rights, licenses, consents and releases that are necessary to grant to Moovewell, LLC (or any other User as applicable) the rights in Your Materials, as contemplated under this Agreement; and (2) neither Your Materials nor your posting, uploading, publication, submission or transmittal of Your Materials or Moovewell, LLC’s use of Your Materials (or any portion thereof) on, through or by means of the Website will infringe, misappropriate or violate any patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
(g) All Content, product names, trademarks, service marks and logos appearing as part of the Website, unless otherwise noted, are wholly owned or validly licensed by Moovewell, LLC. Trademarks, service marks and logos owned by third parties remain the property of such third parties.
(h) If you submit any ideas, suggestions or testimonials “Feedback” to Moovewell, LLC, you hereby transfer to us all rights in such Feedback without charge. You also agree that Moovewell, LLC shall have the right to use and fully exploit such Feedback in any manner that we consider appropriate, including posting on the Internet. Please note that the Feedback you provide to us will not be treated as confidential information – accordingly, you agree not to submit to us any information or ideas that you consider to be confidential or proprietary. You may only submit ideas and material if you have obtained appropriate copyright and other permission to submit such materials and to permit Moovewell, LLC to use such material without restriction. You agree that you will not violate or infringe the rights of third parties, including privacy, publicity and intellectual and proprietary rights, such as copyright or trademark rights. If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, please contact us at: firstname.lastname@example.org.
(a) When we might suspend or terminate your account or Website access. We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate this Agreement and/or your access to the Website.
(b) What happens when these Terms terminate? Upon termination we will promptly pay you any amounts that we reasonably determine we owe you (if any) in our discretion. In the event Moovewell, LLC terminates this Agreement or your access to the Website or deactivates or cancels your account, you will remain liable for all amounts due hereunder.
(c) Your right to cancel. You may cancel your account at any time by contacting us. Please note that if your account is cancelled, we do not have any obligation to delete or return to you any of Your Content that you have posted to the Website, including, but not limited to, any reviews or Feedback. Further, if you cancel except as expressly permitted in Section 6 below, you shall remain responsible for all fees due for the remainder of the term of your subscription and you shall not be entitled to any refund of any prepaid fees paid for the subscription services on or through the Website.
(d) Our right to cancel. If we terminate this Agreement and/or your access to the Website as a result of your violation of any applicable law or regulation, we may also, at our sole discretion, inform law enforcement or regulatory authorities of the circumstances surrounding such termination.
6. Payment Terms
You agree and acknowledge that the Website provided hereunder is made available to you on a subscription basis and you understand that different payment and subscription offers are available.We offer a monthly plan where you pay forty-seven dollars ($47.00 USD) per month for twelve (12) month, after which your access to the Website will terminate. You will have a seven (7) day trial period to test out the Website and determine whether or not it is right for you. After this trial period, will charge the credit card that you provide and the monthly fee will be automatically charged and the funds deducted from your account on a monthly basis, if not cancelled in accordance with the terms set forth herein. We also offer an “upsell” yearly plan where you pay three hundred and ninety seven dollars ($397.00 USD) up-front, at the beginning of your trial for the entire twelve (12) month term. If you subscribe to the yearly plan, you will save one hundred and sixty seven dollars ($167 USD) annually. If you select the yearly subscription plan, you will have thirty (30) days to test out the Website and if you are not satisfied with the Website, you may notify us in writing and receive a refund of the yearly fee, at which point your access to the Website will immediately terminate.
7. Customer Responsibilities of Registration and Password
(b) We have implemented Google Analytics features based on Display Advertising (Google Analytics Demographics and Interest Reporting). You can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using the Ads Settings. In addition, you can use the Google Analytics Opt-Out Browser Add-on to disable tracking by Google Analytics. We will use the data provided by Google Analytics Demographics and Interest Reporting to develop the site and content around our users’ interests.
9. Your User account Information
(a) You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your user account and/or user name, whether authorized or not authorized by you. You agree to immediately notify Moovewell, LLC of any unauthorized use of your user account, user name or password.
(b) You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Refund Policy.
10. Customer Behavior; Acceptable Use Policy
(a) By using Website or any service provided, you explicitly agree that:
You are responsible for your use of the Website, and for any use of the Website made using your account. Our goal is to create a positive experience in connection with our Website. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other Users or to Moovewell, LLC.
(b) When you use the Website, you agree that you will not:
(i) violate this Agreement or any Moovewell, LLC rules regarding use of the Website;
(ii) violate any law or regulation;
(iii) breath any agreements you enter into with any third parties;
(iv) violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
(v) engage in any behavior that is abusive, harassing, indecent, profane, obscene, hateful or otherwise objectionable;
(vii) provide fraudulent or inaccurate payment information if your purchase any merchandise or services;
post any defamatory content or use the Website;
(viii) impersonate any person or entity or perform any other similar fraudulent activity;
(ix) use any means to scrape or crawl any Web pages or Content contained in the Website (although Moovewell, LLC may allow operators of public search engines to use spiders to index materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, and Moovewell, LLC reserves the right to revoke these exceptions either generally or in specific cases);
(x) attempt to circumvent any technological measure implemented by Moovewell, LLC or any of Moovewell, LLC’s providers or any other third party (including another User) to protect the Website; to the extent permitted by applicable law, attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Website; or
(xi) advocate, encourage, or assist any third party in doing any of the foregoing.
11. Customer Content Submission to Our Website(s)
By providing any feedback through or on the Website:
(a) you hereby grant to Moovewell, LLC a worldwide, royalty-free, perpetual, non-exclusive, sub licensable through multiple tiers, transferable and assignable right and license (including any moral rights or other necessary rights.) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part to such content. Such license and right will apply with respect to any form, media, technology already known at the time of provision or developed subsequently;
(b) you warrant and represent that you have all legal, moral, and other rights, titles, licenses and consents that may be necessary to grant Moovewell, LLC the license specified in this section 8;
(c) you acknowledge and agree that Moovewell, LLC will have the right (but not obligation), at Moovewell, LLC’s entire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.
12. Third Party Websites
(a) Goods and services of third parties may be advertised and/or may be made available on or through this web site. Representations made regarding products and services provided by third parties will be governed solely by the policies and representations made by these third parties and no statements made by any third parties shall be deemed to be statements or endorsements by Moovewell, LLC. Except where prohibited by applicable law, Moovewell, LLC will not, in any manner, be liable for or responsible for any of customer generated interactions, of any type, with third parties.
(b) Certain content, products and services available via our Website may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not make any representations or warranties with respect to any third-party materials or websites, or for any other materials, products, or services of third-parties.
(c) Except where prohibited by law, we are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.
(d) Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
14. Disclaimer of Warranties
(a) You understand and agree that your use of this web site and of any services or content provided (the “Website”) is at your own risk. Website and any content are provided to you “as is”, and Moovewell, LLC expressly disclaims all warranties of any kind, either implied or express, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
(b) Moovewell, LLC makes no warranty, either implied or express, that any part of the Website will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, or of any quality, nor is it warranted either implicitly or expressly that any content is safe in any manner for download. You understand and agree that neither Moovewell, LLC nor any participant in the service provides professional advice of any kind and that any advice or any other information obtained via this web site may be used solely at your own risk, and that Moovewell, LLC will not be held liable in any way.
(c) Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.
15. Limitation of Liability
(a) EXCEPT AS PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL MOOVEWELL, LLC, ITS AFFILIATES AND THEIR RESPECTIVE, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, OR THE FAILURE TO OBTAIN AND MAINTAIN ANY LICENSES IN OR TO SUCH CONTENT, INCLUDING WITHOUT LIMITATION ANY CONTENT SOURCED FROM A THIRD PARTY; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MOOVEWELL, LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU SPECIFICALLY ACKNOWLEDGE THAT MOOVEWELL, LLC SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN THE PARTIES HERETO, THAT THE PARTIES HAVE RELIED UPON SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, AND THAT ABSENT SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, THE TERMS AND CONDITIONS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.
(b) WHAT WE DO NOT EXCLUDE. NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR:
(i) DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS;
(ii) FRAUD OR FRAUDULENT MISREPRESENTATION;
(iii) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY APPLICABLE LAW.
16. Laws That Apply
17. General Information
(c) You agree that any claim or cause in respect of this web site or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, except where prohibited by applicable law.
(e) Moovewell, LLC prohibits the sending of unsolicited bulk email or text messages (spam). Spam is defined for this purpose as sending multiple messages similar in content to any persons, entities, newsgroups, forums, email lists, or other groups or lists unless prior authorization has been obtained from the recipient or unless a business or personal relationship has already been established with the recipient. Moovewell, LLC also prohibits using false headers in emails or falsifying, forging or altering the origin of any email or text message in connection with Moovewell, LLC, and/or any services and the Website. Moovewell, LLC prohibits engaging in any of the foregoing activities by using the service of another provider, remailer service, or otherwise. IF YOU OR ANYONE YOU KNOW IS “SPAMMED” BY SOMEONE IN RELATION TO MOOVEWELL, LLC’S WEBSITE, PLEASE CONTACT US PROMPTLY VIA THE CONTACT MECHANISM MADE AVAILABLE VIA THE WEBSITE SO THAT WE MAY TAKE APPROPRIATE ACTION.
(f) Under California Civil Code Section 1789.3, Users of the Website from California are entitled to the following specific consumer rights notice. You may report complaints to The Complaint Assistance Unit of the Division of Consumer Website of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
18. Changes to Website
We reserve the right to adjust the nature and type of any products or services that we offer. All descriptions of services and/or product pricing are subject to change at anytime without notice, except with respect to any pricing during a subscription term, which shall remain fixed for that term, subject to your ability to upgrade the Website.
While we hold believe that the Website we provide meets our high standards, we cannot warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, ease of care, we cannot be guaranteed or give guarantee on all products.
19. Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We will do our best to notify you if such change applies to you or your subscription to the Website.
We undertake no obligation to update, amend or clarify information in the Website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Website or on any related website, should be taken to indicate that all information in the Website or on any related website has been modified or updated.
20. Governing Rights
22. Arbitration Agreement and Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Moovewell, LLC and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
(a) You acknowledge and agree that any dispute or claim relating in any way to your access or use of the Website or to any other aspect of your relationship with Moovewell, LLC will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Moovewell, LLC may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose before this or any prior Agreement. NOW OR IN THE FUTURE, THERE MAY BE LAWSUITS AGAINST MOOVEWELL, LLC ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS. SUCH CLAIMS, IF SUCCESSFUL, COULD RESULT IN SOME MONETARY RECOVERY TO YOU. THE EXISTENCE OF SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUITS DOES NOT MEAN THAT SUCH LAWSUITS WILL ULTIMATELY SUCCEED. BUT IF YOU AGREE TO ARBITRATION WITH MOOVEWELL, LLC, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVERY MONETARY OR OTHER RELIEF UNDER SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUITS. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST MOOVEWELL, LLC IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.
(b) This Arbitration Agreement is governed by the Federal Arbitration Act in all respects. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, Cabell Jones at Moovewell, LLC, PO Box 70921, Henrico, VA 23255. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. Payment of all filing, administration, and arbitration fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Moovewell, LLC will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum.
(c) The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Moovewell, LLC. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding on you and Moovewell, LLC.
(d) YOU AND MOOVEWELL, LLC EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and Moovewell, LLC are instead electing to have claims and disputes resolved by arbitration. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is limited. In any litigation between you and Moovewell, LLC over whether to vacate or enforce an arbitration award, you and Moovewell, LLC waive all rights to a jury trial, and elect instead to have a judge resolve the dispute.
(e) ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Moovewell, LLC is entitled to arbitration. Instead, all claims and disputes will then be resolved in a court as set forth in this Section 22 (Exclusive Venue) below.
(f) You may opt out of this Arbitration Agreement. If you do so, neither you nor Moovewell, LLC can force the other to arbitrate. To opt out, you must notify Moovewell, LLC in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Moovewell, LLC username (if any), the email address you used to set up your Moovewell, LLC account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to email@example.com. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us.
(g) This Arbitration Agreement will survive any termination of your relationship with Moovewell, LLC.
(h) To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Moovewell, LLC agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in the applicable county within the Commonwealth of Virginia.
PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS AND PLEASE CHECK BACK FREQUENTLY, AND IF YOU’VE PROVIDED YOUR EMAIL ADDRESS PLEASE KEEP AN EYE OUT FOR ANY CHANGES TO THIS AGREEMENT.
23. Our Contact Information
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