- Acceptance of Terms. By accessing and/or using the Site, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use the Site.
- Amendment of Terms. Illuminate Movement may amend the Terms from time to time. Unless Illuminate Movement provide a delayed effective date, all amendments will be effective upon posting of such updated Terms. Your continued access to or use of the Site after such posting constitutes your consent to be bound by the Terms, as amended.
- Additional Terms. In addition to these Terms, when using particular plans, offers, products, services or features, you will also be subject to any additional posted guidelines, or rules applicable to such plan, offer, product, service or feature, which may be posted and modified from time to time (“Additional Terms”). All such Additional Terms are hereby incorporated by reference into the Terms, provided that in the event of any conflict between such additional terms and the Terms, the Terms shall control.
2. Illuminate Movement Platform
- Illuminate Movement. Illuminate Movement is a monthly subscription membership that enables Illuminate Movement members to access wellness videos featuring mobility, yoga, and meditation.
- Use of Illuminate Movement. Your Illuminate Movement membership is personal to you and you agree not to create more than one account. Illuminate Movement may not be used for commercial purposes. To use your Illuminate Movement membership, you must have access to the Internet. Illuminate Movement continually updates and tests various aspects of the Illuminate Movement platform. Illuminate Movement reserve the right to, and by using our service you agree that Illuminate Movement may, include you in or exclude you from these tests without notice.
- Termination or Modification. You understand and agree that, at any time and without prior notice Illuminate Movement may (1) terminate, cancel, deactivate and/or suspend your subscription, your account, any orders placed, or your access to or use of the Site or your membership (or any portion thereof, including your access to any or all videos or services) and/or (2) discontinue, modify or alter any aspect, feature or policy of the Site or your subscription. This includes the right to terminate or modify any subscription prior to the end of any pre-paid or committed period. Upon any termination, Illuminate Movement may immediately deactivate your account and all related information and/or bar any further access to your account information and the Site. Upon any such termination by us without cause, as your sole recourse, Illuminate Movement will issue you a pro rata refund of the prepaid portion of your subscription applicable to future unused services. If Illuminate Movement determine that you have violated these Terms or otherwise engaged in illegal or improper use of your membership or the Site, you will not be entitled to any refund and you agree that Illuminate Movement will not be responsible to pay any such refund. You agree that Illuminate Movement will not be liable to you or any third-party for any termination or modification to the service regardless of the reason for such termination or modification. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us is to cancel or terminate your subscription.
3. Eligibility; Registration Information and Password; Site Access.
- Eligibility Criteria. The availability of all or part of our Site may be limited based on geographic location, or other criteria as Illuminate Movement may establish from time to time. You understand and agree Illuminate Movement may disallow you from subscribing to Illuminate Movement or may terminate your subscription at any time based on these criteria. For example, you must be 18 years of age or older to use this Site or to purchase an Illuminate Movement membership.BY USING THE SITE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD. THOSE WHO CHOOSE TO ACCESS THE SITE DO SO AT THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL RULES INCLUDING, WITHOUT LIMITATION, RULES ABOUT THE INTERNET, DATA, EMAIL OR OTHER ELECTRONIC MESSAGES, OR PRIVACY.
- Account Information. You agree that the information you provide to Illuminate Movement at registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account.
5. Prohibited Uses.
As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, or any part of the Site, other accounts, computer systems or networks connected to the Site, or any part of them, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. You may not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforce limitations on the use of the Site or the content therein. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You agree neither to modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site. The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures Illuminate Movement may use to prevent or restrict access to the Site. Illuminate Movement reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
6. Ownership; Proprietary Rights.
The Illuminate Movement website is owned and operated by Illuminate Movement. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Site provided by Illuminate Movement (“Materials”) are protected by the copyright, trade dress, patent, and trademark laws of the United States and other countries, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the Site are the copyrighted property of Illuminate Movement or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Illuminate Movement or its affiliates and/or third-party licensors. Except as expressly authorized by Illuminate Movement, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
Except as explicitly stated otherwise, legal notices will be served, with respect to Illuminate Movement, on Illuminate Movement’s registered agent, and, with respect to you, to the email address you provide to Illuminate Movement during the registration process. Notice will be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Illuminate Movement may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three (3) days after the date of mailing.
8. Electronic Signatures and Agreements.
You acknowledge and agree that by clicking on the button labeled “CONFIRM PURCHASE,” “SUBMIT”, “DOWNLOAD”, “PLACE MY ORDER”, “I ACCEPT” or such similar links as may be designated by Illuminate Movement to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute 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 SITE OR SERVICES OFFERED BY ILLUMINATE MOVEMENT. 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.
To the fullest extent permissible pursuant to applicable law, your use Illuminate Movement products and services is solely at your own risk. In no event shall Illuminate Movement be liable for any act, error, or omission by you, including without limitation, any which arises out of or is in any way connected to a User’s use of a video, service or product made available through the Site.
The Site and any downloadable software, content, services, or applications made in conjunction with or through the site are provided “AS IS” and “AS AVAILABLE” without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Illuminate Movement, on behalf of itself and its agents and partners, disclaims and excludes all warranties, whether statutory, express, or implied including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.
Without limiting the foregoing, Illuminate Movement does not warrant or make any representations that (I) the Site and any downloadable software, content, services, or applications made available in conjunction with or through the site will be uninterrupted or error-free, that defects will be corrected, or that the Site and any downloadable software, content, services, or applications made available in conjunction with or through the site or server that makes them available are free of viruses or other harmful components, or (II) regarding the use of the site and any downloadable software, content, services, or applications made available in conjunction with or through the Site in terms of correctness, accuracy, reliability, or otherwise, any material or data that you download or otherwise obtain through the site is at your own risk. You are solely responsible for any damages to your computer system or loss of data resulting from the download of such material or data.
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 disclaimers, exclusions, or limitations set forth in these terms might not apply to you, and you may have additional rights.
11. Assumption of the Risk.
You understand that Illuminate Movement is not a gym or fitness studio and the videos released by Illuminate Movement are offered only as a guide. You understand that there are certain inherent risks and dangers in exercising and that the videos that you may follow offer a range of activities and intensity level. You acknowledge that these risks cannot be eliminated, and you specifically assume the risk of injury or harm. You acknowledge and agree that it is your responsibility to consult with your primary care physician prior to participating and to determine if and how using a video is appropriate for you. You represent that you are not pregnant and understand that any videos made available by Illuminate Movement are not intended to be used during pregnancy. You also understand and agree that the Site offers health and fitness information that is designed for informational, educational and entertainment purposes only and are not intended to diagnose or treat medical conditions. The use of any of the information provided on the Site is solely at your own risk.
By signing up for an Illuminate Movement membership, you acknowledge and agree to release and discharge Illuminate Movement, its directors, officers, managers, members, agents, employees, representatives and instructors, (hereinafter referred to collectively as the “Released Parties”), from any and all liability, claims, demands, causes of action, and expenses, (including attorneys’ fees and costs), whether past, present, or future, for personal injury, death, and/or property damage from any cause whatsoever arising from or in connection with your use of the Illuminate Movement platform, even if such injury, death, and/or property damage is caused by a negligent act or omission by Released Parties.
You agree to defend, indemnify and hold Illuminate Movement harmless from any claims, losses, damages, liabilities, including attorneys’ fees, arising out of your misuse of the Site, violation of these Terms, violation of the rights of any other person or entity, or any breach of your representations, warranties, and covenants set forth in these Terms. To the fullest extent permitted by law, you release, indemnify, and hold harmless Illuminate Movement, its parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages and liabilities arising out of or in any way related to your participation in or use of your Illuminate Movement membership or the Site, including with respect to bodily injury, physical harm, illness, death or property damage
14. Limitation of Liability and Damages.
Under no circumstances will Illuminate Movement or its affiliates, contractors, employees, agents, or third-party partners be liable for any special, indirect, incidental, or consequential damages under any theory of liability, whether based in contract, tort (including negligence and product liability), or otherwise even if Illuminate Movement has been advised of the possibilities of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, Illuminate Movement’s liability will be limited to the fullest extent permitted by applicable law. Illuminate Movement’s liability to you is limited to the amounts, if any, paid by you to Illuminate Movement under this Agreement. The foregoing limitations will apply to the maximum extent permitted by applicable law, regardless of whether Illuminate Movement has been advised of the possibility of such damages and regardless of whether any remedy fails of its essential purpose.
15. Governing Law and Jurisdiction.
This Agreement shall be governed by and construed in accordance with the laws of the State of California. You and Illuminate Movement agree that all claims or disputes hereunder or questions arising out of this Agreement shall be determined only in the federal or state courts located in Los Angeles County, California, to the exclusion of all other courts, and You agree to submit to the jurisdiction of the tribunals of the County of Los Angeles, State of California, including any American Arbitration Association location in the County of Los Angeles, State of California, for the resolution of disputes arising from or relating to this Agreement.
16. Arbitration of Disputes.
Any claim or controversy arising out of or relating to this Agreement, or the performance of services hereunder, will be determined and settled by binding arbitration in Los Angeles County, according to the California Arbitration Statutes in effect at that time. Notwithstanding the foregoing, disputes arising out of or relating to this Agreement within the monetary limit of the Los Angeles County Small Claims Court shall be litigated in such court at the request of either Party. You and Illuminate Movement hereto agree to pay their own attorneys’ fees associated with the arbitration, and to pay the other costs and expenses of the arbitration as the rules of the American Arbitration Association provide, except that the prevailing party in such arbitration shall be entitled to reimbursement of his/her/its attorney’s fees and costs, in addition to such other relief as such Party shall be entitled.
17. Attorney’s Fees.
You and Illuminate Movement agree that failure to comply with the Arbitration requirements as set forth in Section 15 of this Agreement, renders a prevailing party ineligible to receive attorney’s fees that they would otherwise be entitled to receive. If any legal action, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing Party will be entitled to reasonable attorneys’ fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that Party may be entitled.
If any provision of this Agreement or the application of any provision of this Agreement to any person or circumstance is to any extent, held to be invalid or unenforceable, the remainder of this Agreement or the application of that provision to persons or circumstances other than those as to which it is held invalid or unenforceable, will not be affected, and each provision of this Agreement will be valid and be enforced to the fullest extent permitted by law.
Illuminate Movement may assign our rights and obligations under these Terms. The Terms will inure to the benefit of our successors, assigns and licensees.
20. Entire Agreement.
These Terms and any applicable Additional Terms, as each may be amended as set forth herein, are the entire agreement between you and Illuminate Movement relating to the subject matter herein.
The services hereunder are offered by Illuminate Movement, located at 1601 N Sepulveda #512 Manhattan Beach, CA 90266. If you are a California resident, you may have this same information emailed to you by an email to email@example.com with your email address and a request for this information.
No waiver of any of these Terms by Illuminate Movement is binding unless authorized in writing by an executive officer of Illuminate Movement. In the event that Illuminate Movement waives a breach of any provision of these Terms, such waiver will not be construed as a continuing waiver of other breaches of the same nature or other provisions of these Terms and will in no manner affect the right of Illuminate Movement to enforce the same at a later time.
23. AUTOMATIC RENEWAL TERMS & ACKNOWLEDGMENT
- Membership Cycles. Your Illuminate Movement membership starts on the date that you sign up for a subscription and submit payment via a valid Payment Method. Each Illuminate Movement cycle is one month in length (a “Membership Cycle”) and will automatically renew each month until your membership is cancelled or terminated. For example, if you purchase your Illuminate Movement on April 5, your membership will automatically renew on May 5 (as further explained in “Billing Cycles,” below). You must provide us with a current, valid, accepted method of payment (which Illuminate Movement may update from time to time, “Payment Method”) to use Illuminate Movement. Illuminate Movement will automatically bill the monthly membership fee to your Payment Method each month until your subscription is cancelled or terminated.
- Membership Plans. Illuminate Movement may offer a number of membership plans, including special promotional plans or memberships, with differing conditions and limitations. Illuminate Movement reserve the right to modify, terminate or otherwise amend our offered membership plans.
- Recurring Billing. By starting your Illuminate Movement membership, you authorize us to charge you for your initial membership period and a recurring monthly membership fee at the then current rate, which may change from time to time. You acknowledge that the amount billed each month may vary for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges. You also authorize us to charge you any other fees you may incur in connection with your use of the Site, such as any applicable sign-up fee, taxes and cancellation or late fees, as further explained below.
- Billing Cycle. When you sign up and purchase your Illuminate Movement subscription, your first subscription cycle will be billed immediately. Your subscription will automatically renew each month and you will be billed on the same date each month. Illuminate Movement reserve the right to change the timing of our billing (and if Illuminate Movement do, Illuminate Movement will adjust the amounts Illuminate Movement charge, as appropriate). In the event your membership began on a day not contained in a given month, Illuminate Movement may bill your Payment Method on a day in the applicable month or such other day as Illuminate Movement deem appropriate. For example, if you started your Illuminate Movement membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your membership.
- Refunds. Generally, our fees (including the monthly fee for your membership and any other fees) are nonrefundable, except that Illuminate Movement will provide a refund to members for their current prepaid period in the following circumstances: (i) if you are canceling your subscription and request a refund within 5 days of your initial purchase or (ii) if your subscription is cancelled prior to the end of a period for which you have incurred a charge, due to your relocation, disability or death; provided, however, in each case Illuminate Movement reserve the right to charge a fee to cover the cost of any class or other services you may have used prior to your cancellation, to the extent permitted by law (such class fee charges not to exceed the cost of the subscription itself). Any additional discounts or refunds that Illuminate Movement may choose to provide are in our sole discretion and do not entitle you to any future discounts or refunds in the future for similar instances.
- Price Changes. Illuminate Movement reserves the right to adjust pricing at any time. Unless Illuminate Movement expressly communicate otherwise, any price changes to your membership will take effect on your next billing cycle upon notice communicated through a posting on the Illuminate Movement website or mobile applicable or such other means as Illuminate Movement may deem appropriate from time to time, such as email.
- Payment Methods. Payments for Illuminate Movement are currently handled through a third-party vendor, Stripe (“Stripe”). Any changes to your payment methods, including changes to credit or debits cards (“Payment Methods”) must be conducted through Stripe. If a payment is not successfully settled, due to expiration, insufficient funds or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you nonetheless will remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated, including in the event you attempt to create a new account. This may result in a change to your payment billing dates. If Illuminate Movement cannot charge your account, Illuminate Movement reserves the right, but is not obligated, to terminate your access to our Site or any portion thereof.
- Cancellation of Membership. You may terminate your monthly subscription by emailing firstname.lastname@example.org OR by going into your account settings on the Illuminate Movement website and canceling. All cancellations must be made before the first of the month. Cancellations made after the first of the month will result in an additional month’s subscription and cancellation the following month.