Terms of Service

TERMS AND CONDITIONS OF USE

The COREBALANCEMOVEMENT.COM WEBSITE, INCLUDING ITS SUBSITES (TYPICALLY ANY WEB PAGES WHICH END IN CoreBalanceMovement.com) THAT DISPLAY THESE TERMS, AND ALL SOFTWARE, PRODUCTS, APPLICATIONS, MOBILE SITES, FEATURES AND SERVICES MADE AVAILABLE, DISPLAYED OR OFFERED BY OR THROUGH OUR WEB SITE OR SUBSITES (COLLECTIVELY, THIS “SITE”) IS OWNED AND OPERATED BY OR ON BEHALF OF Core Balance Movement, WITH OFFICE LOCATED in Malta. YOUR ACCESS AND USE OF THIS SITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS OF USE (“TERMS OF USE”) AND ALL APPLICABLE LAWS. PLEASE READ THESE TERMS OF USE CAREFULLY.

BY ACCESSING, BROWSING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, ACCEPTED, AND AGREED TO THESE TERMS OF USE WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, DO NOT ACCESS, BROWSE, OR USE THIS SITE OR THE CONTENT OR SERVICES HEREON.

CERTAIN PORTIONS OF THE WEBSITE MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS SPECIFIED BY US FROM TIME TO TIME; YOUR USE OF THE WEBSITE IS SUBJECT TO THOSE ADDITIONAL TERMS AND CONDITIONS, WHICH ARE INCORPORATED INTO THESE TERMS OF USE BY THIS REFERENCE.

Core Balance Movement, together with its subsidiaries, are collectively referred to in these Terms of Use as “we,” “us,” “our,” or other similar pronouns.

I. Privacy Policy

We respect your privacy. Our collection, use and disclosure practices regarding your personally identifiable information is set forth in our Privacy Policy. Please take some time to review our Privacy Policy as its terms are incorporated herein by reference and your assent to these Terms of Use includes your assent to our Privacy Policy.

II. Registration and Eligibility

Core Balance Movement may allow users to establish an account to access various features of this Site, such as registration for certificate courses, seminars and events, and use of its message boards, discussion boards, and other public forums. If you register, you agree to provide Core Balance Movement with accurate, truthful, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate suspension or termination of your account. Failure to provide accurate, truthful, complete, and updated registration information for certain events.

You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register for any function, service, or portion of this Site which requires such registration. This Site is not intended or designed to attract children under the age of 13. If you are under the age of 13, you may not use the Site. If you are a minor age between the ages of 13 and 18 (or the applicable legal age in your jurisdiction), you can use such functions or services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to these Terms of Use. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a minor between the ages of 13 and 18 (or the applicable legal age in your jurisdiction), you are fully responsible for his or her use of the Website and the User Content (as defined below), including all legal liability he or she may incur. By using this Site and any services provided therein, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein.

III. Passwords

When you are required to open an account to use or access this Site or any of its features or services, you will also be asked to provide a user name and password. You agree that we may store and use any registration data, including your user name and password, you provide for use in maintaining your account. You are entirely responsible for maintaining the confidentiality and security of your password and account. You may not use the account, username, or password of someone else at any time. You agree to notify Core Balance Movement immediately of any unauthorized use of your account, user name, or password (collectively, a “User ID”). Core Balance Movement shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Core Balance Movement, its subsidiaries, entities owned, related to or controlled by Core Balance Movement, officers, directors, employees, consultants, staff, agents, and representatives due to someone else’s use of your account or password. Core Balance Movement reserves the right to refuse registration of, or cancel a User ID, in its sole discretion. You may not sell or transfer your account, or otherwise allow any third party to use your account for any purpose.

IV. Medical Disclaimer

You expressly acknowledge and agree that Core Balance Movement and this Site do not provide medical advice and are not a substitute for professional medical diagnosis, treatment or advice or a medical examination. The content of this Site may contain general information relating to certain medical conditions and their treatment. Such information is provided for informational purposes only and is not intended to replace or substitute for advice provided by a physician or other medical provider. You should not use the information provided on this Site for diagnosing a health problem or disease. Prior to participating in any program, workout, training, course, activity, exercise, diet, or use of any product, program, workout, exercise or treatment discussed on this Site, or if you have any questions regarding a medical condition, seek the advice of your physician and other qualified health-care professionals. You understand that the exercises and programs discussed on this Site can be strenuous and should be scaled or done in moderation.

There is an inherent risk in any exercise that, while providing some health benefits, it can also cause unknown health issues. Application or reliance on the techniques, advice, ideas, and suggestions of any person associated with Core Balance Movement or this Site are at your sole discretion and risk.

Never disregard professional medical advice or delay in seeking it because of something you have read on the Site. If you think you may have a medical emergency, call your doctor or 911 immediately. Core Balance Movement does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Core Balance Movement, Core Balance Movement employees or staff, others appearing on the Site at the invitation of Core Balance Movement, or other visitors to the Site is solely at your own risk.

V. Use of Site; Limited License

All content on this Site and otherwise available through this Site, including designs, logos, artwork, text, graphics, images, data, information, software, music, sounds, interactive features, video, audio and other files, and all other copyrightable or otherwise legally protectable elements of the Site, including, without limitation, their selection, compilation and arrangement, is owned by Core Balance Movement or its licensors. No Site content may be modified, distributed, framed, copied, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, licensed, bartered, leased or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms of Use or as expressly authorized in writing by Core Balance Movement.

Subject to these Terms of Use, authorized users may access and use this Site and this Site’s content and download or print a reasonable number of copies of portions of this Site content to which the user has properly gained access solely for the user’s personal, noncommercial use (unless otherwise expressly authorized in writing by Core Balance Movement), provided that the user maintains all copyright or other proprietary notices, without alteration, on all copies of such Site content. You may not publish or otherwise distribute Site content, including via the Internet, any social media platform or network or any intranet or extranet site, or incorporate this Site content in any other database or compilation. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Site content. Any use of this Site or this Site’s content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to use of this Site and this Site’s content granted herein. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site. In some cases the copyright or publicity rights for content on this Site may be held by someone other than Core Balance Movement, and permission to use such materials must be requested from the copyright or publicity rights owner, as applicable. All rights of Core Balance Movement or its licensors that are not expressly granted in these Terms of Use are reserved to Core Balance Movement and its licensors.

Links to and from this Site

Unless otherwise notified by us, you are free to link to this Site so long as you make it clear that (a) the linked content belongs to Core Balance Movement; (b) such content is not your own; and (c) the originating website makes no claim of owning, being related to or owned or controlled by, being under common control with, or sanctioned by, approved by, or endorsed by, Core Balance Movement.

This Site may contain links or references to other websites maintained by third parties over whom we have no control. Such links are provided merely as a convenience. Such third party sites and third party content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any third party sites accessed through this Site or any third party content posted on or available through this Site, including the content, accuracy, advice, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the third party sites or the third party content. Inclusion of, linking to or permitting the use of any third party site or any third party content does not imply approval or endorsement thereof by Core Balance Movement. If you decide to leave this Site and access the third party sites or to access or use any third party content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any third party site to which you navigate from this Site or relating to any applications you use or install from this Site.

SOFTWARE AND APPLICATIONS AVAILABLE ON THIS SITE

Any software or application that is made available via this Site (“Software”) is the copyrighted work of Core Balance Movement and/or third party providers or other suppliers of Core Balance Movement. In addition to these Terms of Use, your use of the Software is governed by the terms of the end-user license agreement, if any, which accompanies or is included with the Software (“License Agreement”), which License Agreement is incorporated herein by reference. End users shall not install or use any Software that is accompanied by or includes a License Agreement unless the end user first agrees to the License Agreement terms, and shall not circumvent or attempt to circumvent any click-through consents required to install or use any Software. For any Software not accompanied by a License Agreement, the following shall constitute the License Agreement:

“Subject to the Core Balance Movement Terms of Use and your agreement therewith, Core Balance Movement hereby grants to you, the user, a personal, non-transferable, non-exclusive license during the term of this license agreement to use this software for its intended purpose in accordance with this license agreement, and for no other purpose. Please note that this software is owned by Core Balance Movement and/or third party providers or other suppliers of Core Balance Movement and is protected by copyright laws and international treaty provisions. Any reproduction, exchange, transfer or redistribution of this software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.”

WITHOUT LIMITING THE FOREGOING, COPYING, REPRODUCTION, REVERSE ENGINEERING, DECOMPILING, DERIVING SOURCE CODE FROM, OR DISASSEMBLING, IN WHOLE OR IN PART, OF THE SOFTWARE MADE AVAILABLE VIA THIS SITE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION, OR CREATING DERIVATIVE WORKS BASED OFF SUCH SOFTWARE, IS EXPRESSLY PROHIBITED. THE SOFTWARE MAY BE SUBJECT TO OTHER LIMITATIONS, DISCLAIMERS OR WARRANTIES SET FORTH IN THE APPLICABLE LICENSE AGREEMENT ENTERED INTO BY YOU IN CONNECTION WITH YOUR PURCHASE OR USE OF THE SOFTWARE. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF SUCH LICENSE AGREEMENT AND THESE TERMS OF USE, THE LICENSE AGREEMENT SHALL CONTROL WITH RESPECT TO THE SOFTWARE ONLY. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE APPLICABLE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, AND SUBJECT TO THE “NO WARRANTIES” SECTION OF THESE TERMS OF USE, Core Balance Movement AND Core Balance Movement’S THIRD PARTY PROVIDERS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

VII. User Content

By submitting, posting, uploading, displaying, performing, transmitting, or otherwise distributing information, including workout, nutrition, gym and biographical information, messages, notes, text, listings, videos, pictures, graphics, drawings, audio, music and sound, text, data, communications or other content (“User Content”), to this Site, you authorize Core Balance Movement to treat any User Content as non-confidential and non-proprietary. You retain all of your rights in User Content you post to our Site. However, from the time of uploading or submission of the User Content, you grant Core Balance Movement, its subsidiaries, entities owned, related to or controlled by Core Balance Movement, officers, directors, employees, staff, consultants, agents, and representatives, a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, sublicenseable and freely transferable right and license to reproduce, publish, distribute, prepare derivative works from, display, perform, modify, adapt, broadcast, license, sell, translate, and otherwise use User Content, in whole or in part, including, without limitation, in connection with the operation, promotion, marketing, and advertising of the business, products, programs, events, competitions and services of Core Balance Movement, including the exploitation thereof, in each case in any media formats and through any means or methods whether now known or hereafter discovered. You agree that Core Balance Movement may so exploit your User Content without compensation or credit to you, including by sublicensing any third party to do any of the foregoing. To the extent permitted by applicable laws, you also give up any claim that any use by Core Balance Movement and/or its third party providers or sublicensees of any User Content violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary, statutory or other rights, and/or rights to credit for the material or ideas set forth therein. You agree that Core Balance Movement may publish or otherwise disclose your name, age and other information provided by you in connection with your Core Balance Movement ID or event registration User Content.

You are in the best position to know if the User Content you submit to this Site is legally allowed. You agree that you shall not upload or otherwise transmit on or through the Site any Content that is subject to any third-party rights. By posting User Content on this Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, upload, distribute, display, perform, transmit, or otherwise use User Content, and to license and permit Core Balance Movement to exploit the User Content as described above, and that Core Balance Movement’s exploitation of the User Content as described above will not violate any rights of or require any compensation to any third party.

You are solely responsible for the User Content, and any other content, material or data that you upload, publish or display on or through this Site, or transmit to or share with others. You may not post, transmit, or distribute User Content that you did not create or that you do not have permission to post. You understand and agree that Core Balance Movement may, but is not obligated to, review this Site and may delete, edit, refuse to post or remove (without notice) any Site content or User Content in its sole discretion, for any reason or no reason, including User Content that Core Balance Movement believes violates these Terms of Use. Core Balance Movement has no backup or storage obligations regarding User Content.

Core Balance Movement does not verify the accuracy or authenticity of any User Content, and makes no representations or warranties with respect to any User Content. Core Balance Movement makes no representations concerning and is under no obligation to prevent, the downloading, distribution, linking to, or re-posting of your User Content by third parties, including by or through search engines. You expressly waive any and all claims you may have against Core Balance Movement and release Core Balance Movement from any and all liability arising from or related to the User Content, including any exploitation of the User Content by a third party, whether or not authorized by Core Balance Movement.

Reporting Violations of Your Copyrights or other Intellectual Property Rights

We will respond to notices of alleged copyright or other intellectual property infringement that comply with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. In addition, you agree that, in the event we receive a written demand from a third party alleging that any User Content infringes upon, dilutes, tarnishes or otherwise violates its trademark or trade secret rights, we may in our sole discretion, remove or disable access to such User Content.

If you are a copyright owner, or an agent thereof, and believe that any of the content on this Site infringes upon your copyrights or other intellectual property right, pursuant to the DMCA, you may submit a notification by providing our Copyright Agent (contact information below) with the following information:

 A physical or electronic signature of the copyright, or other intellectual property right, owner (or someone authorized to act on behalf of the owner);

 Identification of the protected work and intellectual property right (i.e., copyright or trademark) claimed to have been infringed, or, if multiple protected works are covered by a single notification, a representative list of such works;

 Identification and location of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Core Balance Movement to locate the material;

 Information reasonably sufficient to permit Core Balance Movement to contact you, such as an address, telephone number, and, if available, an electronic mail address;

 A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and

 A statement by you, made under penalty of perjury, that the information in the notification is accurate, and that you are authorized to act on behalf of the intellectual property right owner of the right that is allegedly infringed.

Copyright and Content

The contents of this Site are protected by copyright under United States and foreign laws. Title to the content of this Site remains with Core Balance Movement or its licensors. Any use of such content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Core Balance Movement. All rights not expressly granted herein are reserved to Core Balance Movement and its licensors.

Use of Public Forums and Inappropriate Content

Core Balance Movement offers and maintains certain discussion boards, user forums and other places where the Core Balance Movement user community can post questions and share information, ideas, workouts, comments or advice. You agree that you will not upload or transmit any User Content of any type to any Public Forums of this Site (including, without limitation, message boards, blogs, vlogs, bulletin boards, list serves, wiki’s or other open forums made available through our Site) (a “Public Forum”) that infringe or violate any rights of any party. By submitting any User Content to the Public Forums, you agree that such User Content is non-confidential for all purposes. If you use a Public Forum on this Site, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found on our Site. Core Balance Movement and any party involved in creating, producing, delivering or maintaining this Site are not responsible for the consequences of any communications in the Public Forums. We expressly disclaim responsibility for and liabilities resulting from, any information or communications from and between users of the Public Forums. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency and Core Balance Movement immediately.

You agree not to (including not facilitating or assisting), directly or indirectly, upload, download, link, stream, display, perform, promote, advertise, transmit, or otherwise distribute any content that:

  • is libelous, defamatory, obscene, pornographic, abusive, threatening, unlawful, fraudulent, harmful, harassing, tortious, vulgar, that may be invasive or in violation of another’s right of privacy or publicity, hateful, racially, ethnically or otherwise objectionable as determined by us in our sole discretion;
  • advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, provincial, national or foreign law or regulation;
  • advertises or otherwise solicits funds or is a solicitation for goods or services;
  • adversely affects the availability of Site resources to other users (e.g., excessive shouting (use of all caps), flooding (continuous posting of repetitive text) or excessively large embedded images);
  • solicits or disseminates surveys (other than any such functionality expressly provided for by the Public Forum that otherwise complies with these Terms of Use), contests, pyramid schemes, chain letters, junk mail, spam, or unsolicited messages;
  • creates a false identity for the purpose of misleading others, to be determined in our sole discretion;
  • transmits or facilitates the transmission of any content to an e-mail address, messenger-feature address or other location that is not yours or to which you do not have the expressly authorized right to use without securing the prior authorization of the owner or licensor of such other address or other location; and
  • transmits or facilitates the transmission of any User Content that infringes any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary, statutory, common law or other rights of any party. Core Balance Movement reserves the right to terminate your receipt, transmission, or other distribution of any such material using this Site, and, if applicable, to delete any such material from its servers as well as to take any other action required or permitted under any applicable laws. Core Balance Movement intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or any applicable laws.

Other Prohibited Uses

You are prohibited from violating or attempting to violate, and agree not to violate or attempt to violate, any security features of this Site, including, without limitation:

  • accessing or attempting to access any content or data not intended for you, or logging onto a server or account that you are not authorized to access;
  • attempting to probe, scan, or test the vulnerability of this Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
  • interfering or attempting to interfere with service to any user, host or network;
  • using this Site to send unsolicited e-mail or other communications, including, without limitation, promotions or advertisements for products or services;
  • attempting to modify, reverse-engineer, disassemble, or otherwise reduce or attempt to reduce to human-perceivable form any of the source code used by Core Balance Movement in providing this Site; and
  • imposing (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure.
  • Any violation of system or network security may subject you to civil and/or criminal liability.

Alleged Violations (Termination)

Core Balance Movement reserves the right to suspend or terminate your use of this Site. To ensure that Core Balance Movement provides a high quality experience for you and other users of this Site, you agree that Core Balance Movement or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of this Site. Core Balance Movement does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Core Balance Movement reserves the right to suspend or terminate your account or your access to this Site immediately, with or without notice to you, and without liability to you, if Core Balance Movement believes that you have violated any of the Terms of Use, furnished Core Balance Movement with false or misleading information, or interfered with the use of this Site by others.

Our Address Core Balance Movement 1798 Massachuestts Ave, Lexington, MA 02420.

If you have any questions about these Terms of Service, please contact info@corebalancemovement.com

Last Modified Date of these Terms of Use September 8, 2017.