Terms of Use

Service Marks

MoFit, Get Mo Fit, GETMOFIT, Moira’s Fitness, TechNeck Toolkit, the Moira’s Fitness logo and information, products and services referenced herein are trademarks and/or service marks of Moira’s Fitness LLC (hereinafter “MOFIT”). From time to time there may be use or mention of names of actual companies and/or products herein or on a MoFit Web site that may be the trademarks of their respective owners. Reference to such third party trademarks shall be for informational purposes only and not intended to indicate or imply any affiliation, association, sponsorship, or endorsement. Any rights not expressly granted herein are reserved.

The following describes the terms and conditions (“Terms and Conditions,” or “Agreement”) applicable to your use of the moirasfitness.com Web site (the “Site”).

By using the Site, you agree to be legally bound by this Agreement.

1.) Neither MOFIT, nor any of its employees, shall be held liable for any improper or incorrect use of the information described and/or contained on the Site and assumes no reasonability for anyone’s use of the information. In no event shall MOFIT or its employees be liable for any direct, indirect, incidental, special, or exemplary damages, or goods or services; loss of use, data or profits; or business interruption, however caused and on any theory of liability, whether in contract, strict liability or tort (including negligence or otherwise) arising in any way out of the use of the Site, even if advised of the possibility of such damage. This disclaimer of liability applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence or under any other cause of action.

2.) MOFIT does not warrant the accuracy, timeliness or appropriateness for a particular purpose of any information obtained through the Site. MOFIT shall not be liable for damages associated with alleged reliance on information provided on the Site or information provided on sites linked to the Site.

3.) Due to the nature of the Internet, MoFit does not warrant that access to moirasfitness.com or any of its pages will be uninterrupted or error free. While you visit the Site you may leave moirasfitness.com and access certain non- moirasfitness.com Web sites. MOFIT neither reviews nor controls the content and accuracy of these Web sites, and therefore will not be responsible for their content and accuracy. Your access to other Web sites is at your sole risk.

4.) You confirm that you are voluntarily engaging in pre-recorded, on-demand fitness courses provided by MOFIT through Kajabi. The health & fitness information on the Site is provided by MOFIT solely for informational purposes as a public service to promote consumer health & fitness. It does not constitute medical or exercise advice and is not intended to be a substitute for proper health & fitness prescriptions. MOFIT assumes no responsibility for any circumstances out of the use, misuse, interpretation or application of any information supplied on the Site. Do not rely on information on the Site as a tool for self-fitness prescription. You confirm that you have consulted with your physician or healthcare provider and have been cleared to participate in exercise programs. You accept full responsibility for your health and safety while following the information on the Site. You acknowledge that fitness activities carry inherent risks, including but not limited to muscle strain, falls, or other injuries. You voluntarily assume all risks associated with participation. You understand that the Site is not intended to replace medical advice, diagnosis, or treatment.

5.) We reserve the right to make changes to moirasfitness.com and our Terms of Use/Legal Disclaimer. Your continued access or use of moirasfitness.com shall be deemed your acceptance of these Legal Disclaimers and any changes and the reasonableness of these standards for notice of changes. Use of moirasfitness.com will be governed by the laws of the Commonwealth of Massachusetts, without giving effect to its conflict of law provisions. You agree that any legal action or proceeding between you and MOFIT will be brought exclusively in the courts of Massachusetts. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability or any remaining provision.

6.) The Site and publications are distributed internationally and may contain references to MOFIT products, programs and services that have not been announced in your country. These references do not imply that MOFIT intends to announce such products, programs, or services in your country.

7.) Indemnity

a. You agree to indemnify and hold MOFIT and its affiliates, and their respective business partners, licensees, licensors, officers, directors, employees, and agents (the “Indemnified Parties”) harmless from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including, without limitation, reasonable attorneys' fees and costs), arising out of or in connection with: (i) your use of moirasfitness.com; (ii) your breach or violation of any of these Terms; or (iii) your violation of the rights of any third party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. In such event, you shall provide the Indemnified Parties with such cooperation as is reasonably requested by the Indemnified Parties.

8.) Warranty Disclaimer

a. WE PROVIDE THE SITE AND RELATED SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE HAVE NO OBLIGATION TO CORRECT ANY BUGS, DEFECTS OR ERRORS IN THE SERVICE OR TO OTHERWISE SUPPORT, DEVELOP OR MAINTAIN THE SERVICE. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. We also make no promises or guarantees, whether expressed or implied, that the content included on the Site is accurate, complete, or up to date.

b. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS AND OTHER TERMS, WHICH MAY APPLY TO THE SITE AND THE SERVICES PROVIDED BY MOFIT WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES WITH RESPECT TO SERVICES AND ALL INFORMATION AND CONTENT INCLUDED WITH THE SERVICES.

c. WITHOUT LIMITING THE FOREGOING, MOFIT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS (i) THAT THE INFORMATION AND ADVICE IS SUITABLE FOR YOU OR WILL MEET YOUR PERSONAL NEEDS, (ii) REGARDING THE ADEQUACY OR SAFETY OF ANY SERVICES, (iii) THAT THE SERVICES WILL BE AVAILABLE OR PERMITTED IN YOUR JURISDICTION.

d. No information or advice obtained through the Site, or affirmation by us, by words or actions, shall constitute a warranty.

e. Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.

9.) Limitation of Liability

a. IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, ANY BREACH OF SECURITY OR ANY DAMAGE TO YOUR DEVICE, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE WEB SITE OR RELATED SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES) ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH THE USE OR THE PERFORMANCE OF THE SITE AND/OR THE SERVICES, OR THESE TERMS, ARISING AND WHETHER FRAMED IN CONTRACT OR TORT, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF MOFIT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

b. Your sole remedy for dissatisfaction hereunder including, without limitation, content offered, your participation, and our products or Services, is to stop using the Site and accompanying Service(s). Such limitation shall also apply with respect to damages incurred by reason of Services or products received through or advertised in connection with the Services or any links on the Site, as well as by reason of any information or advice received through or advertised in connection with the Site or any links on the Site. Such limitation shall also apply with respect to damages incurred by reason of any content posted by a third-party or conduct of a third-party on the Site.

c. In the event the foregoing exclusion of liability is determined, in whole or in part, to be invalid or unenforceable, then the Indemnified Parties’ liability arising in connection with the Service or under these Terms whether in contract, tort (including negligence) or otherwise, shall not exceed, under any circumstances, the greater of: (i) the total amount paid to MOFIT for the preceding 30 days, or (ii) One Hundred Dollars ($100). You agree that any claim or cause of action arising under these Terms or the performance or non-performance of the Site and accompanying Services must be brought within one year after such claim or cause of action arises or be forever barred.

d. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MOFIT’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON MOFIT’S GOVERNING LAW PROVISION SET FORTH BELOW.

e. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

10.) Termination

a. We may terminate these Terms and/or terminate your permission to access and use the Site immediately, without prior notice or liability, if (i) you commit any breach of these Terms, (ii) we discontinue the accompanying Services, or (ii) we are prevented from providing the accompanying Services for any reason.

b. Furthermore, we reserve the right to change, edit, suspend, delete, and/or cancel any part of the Web site and/or the Services and/or your access to it at any time with or without notice to you: (i) if required by law, or (ii) due to an event beyond our control.

c. Upon termination of these Terms for any reason: (i) all rights granted to you under these Terms will cease immediately, (ii) you must immediately cease all activities authorized by these Terms (including your use of the Website and the Services), and (iii) you acknowledge that we may restrict your access to the Service. Sections 4, 7-10 will survive any termination or expiration of these Terms.

COPYRIGHT NOTICE

All moirasfitness.com content including the moirasfitness.com site, such as text, graphics, logos, button icons, images, and software, is the property of MOFIT or its business suppliers and partners. The content is protected by United States and international copyright, trademark or other laws.

You may retrieve moirasfitness.com solely for your own personal use or in connection with any business relationship between you and MOFIT. You may not copy, reproduce, decompile, disassemble, modify or use and create derivative works with respect to information contained herein.

If you believe that your work appears on moirasfitness.com without permission, please contact us immediately at moirasfitness@gmail.com.