Terms of Service
Please carefully read the following Terms of Service (“Terms,” “Terms of Service”) before using the movnat.com website (the “Website”) operated by Movnat, LLC, a(n) Limited Liability Company incorporated in Colorado, United States (“us,” “we,” or “our”). This Terms of Service contains crucial information regarding the scope of our liability. Your use of this Website and access to it are subject to your acceptance of and compliance with these Terms. All individuals who seek to access and use the Website, including but not limited to visitors, users, and others, are subject to these Terms.
By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.
Accounts
When you register for an account on our website, you certify that you are at least 18 years old and that the data you give us is true, complete, and up to date at all times. Your account on the Website could be immediately terminated for providing inaccurate, inadequate, or out-of-date information.
You are accountable for protecting the privacy of your account and password, including but not limited to limiting access to your computer and/or account. Whether your password is for our website or a third-party service, you agree to take full responsibility for all activities and acts carried out under your account and/or password. Any security breach or unauthorized use of your account must be reported to us right away by you.
We reserve the right to terminate your account anytime at our sole discretion. You can terminate your account by contacting us.
Comments and uploading content
By submitting a comment or uploading content onto this Website, you grant Movnat, LLC a worldwide, non-exclusive, perpetual, royalty-free license to reproduce, publish and distribute the comment or content. When you post a remark or upload any content to this website, you acknowledge that others may read it and agree that it is your obligation to ensure that the content is free of any proprietary or confidential information. Additionally, it is your responsibility to make sure that any laws, rules, or regulations are not broken by your content or comment. We reserve the right, at any time, and at our sole discretion, to remove any content or comment.
The information or comments that you are not allowed to publish on our website include, but are not limited to, the following:
- Content that harasses others;
- Content that is discriminatory or offensive;
- Swearing, name calling and otherwise abusive content;
- Pornographic and sexually explicit content;
- Content displaying, depicting or suggesting violence;
- Content that exploits or abuses children;
- Content encouraging or committing illegal acts;
- Content sharing personal information without consent;
- Content infringing on someone’s rights, including intellectual property rights;
- Content advertising products or services without our permission;
- Content whose purpose is spamming others.
Prohibited uses
You acknowledge that in using this website, you will always do so in a manner that complies with all applicable laws, statutes, ordinances, and these Terms. The list of prohibited uses of this website includes, but is not limited to is provided below. You commit to refraining from engaging in any of the following forbidden behaviors:
- Impersonating or attempting to impersonate Movnat, LLC or its employees, representatives, subsidiaries or divisions;
- Misrepresenting your identity or affiliation with any person or entity;
- Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
- Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
- Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;
- Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
- Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
- Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
- Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
- Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
- Otherwise attempting to interfere with the proper working of the Website;
- Using the Website in any way that violates any applicable federal, state or local laws, rules or regulations.
No warranty on Website
This Website is provided “as is,” No warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use) shall apply to this Website, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.
Availability, errors and inaccuracies
We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.
Damages and limitation of liability
In no event shall Movnat, LLC be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, related to, or connected in any way with your use of, or inability to use, this Website, including but not limited to your reliance on, opinions or information appearing on this Website; any computer viruses, information, software, or linked websites operated by third parties, items or services purchased through this website, regardless of whether the claim is based on negligence, breach of contract, tort, strict liability, violation of consumer protection laws, or any other legal theory, even if Movnat, LLC has been informed of the possibility of such damages.
Links to third party websites
Links to other websites that are not run by us but by third parties may be found on our website. We just offer these hyperlinks for your reference. Such websites are not within our control, and we are not liable for their content, privacy policies, or other operating procedures. In addition, it is your obligation to take care to make sure that any links you click on or software you download, whether from this website or other websites or applications, is free of flaws and other potentially dangerous malware, such as viruses, worms, and Trojan horses. Our provision of links to these websites does not imply any approval or affiliation with the content or owners of such websites.
Intellectual property and DMCA notice and procedure for intellectual property infringement claims
All contents of this Website are ©2009 – 2023 Movnat, LLC or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of Movnat, LLC and are either registered trademarks, trademarks or otherwise protected intellectual property of Movnat, LLC or third parties in the United States and/or other countries.
If you are aware of a potential infringement of our intellectual property, please contact us at contact@movnat.com.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.
If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights – DMCA.” Your notice to us must include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
- A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
- Your name, email, address and telephone number; and
- A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.
Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.
You may submit your claim to us by contacting us at:
Movnat, LLC
contact@movnat.com
(202) 759-0531
PO Box 297
Embudo, NM 87431
United States
Governing law, severability, dispute resolution and venue
Without regard to its provisions on conflict of laws, the laws of the state of New Mexico in the United States shall govern and be construed in conformity with these Terms. The Uniform Commercial Code, Incoterms, and the United Nations Convention on Contracts for the Sale of International Goods shall not apply to these terms.
No right or provision of these Terms will be deemed to have been waived by us by reason only of our failure to enforce it. The remaining parts of these Terms shall still apply if a court rules that any term is void or unenforceable. Any past agreements we may have had with you regarding the Website are superseded and replaced by these Terms, which serve as the entire agreement between you and us respecting our Website.
Any dispute or claim arising out of or connected with these Terms, including but not limited to the interpretation or violation thereof, shall be settled in a court of competent jurisdiction in Rio Arriba County, New Mexico.
You and Movnat, LLC agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action.
Changes to Terms of Service
We reserve the right to make changes to these Terms of Service at any time. We will notify you immediately of making any changes to these Terms of Service via by posting the updated terms of service to this website.
Questions
If you have any questions about our Terms of Service, please contact us at contact@movnat.com.
In General
MovNat LLC (“MovNat.com”) owns and operates this Website. This document governs your relationship with MovNat.com (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
This Website may contain links to other websites (the “Linked Sites”), which are not operated by MovNat.com. MovNat.com has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
Prohibitions
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and MovNat.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of MovNat.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by MovNat.com and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with MovNat.com you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. MovNat.com retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be MovNat.com or may in some cases be a third party. Where a contract is made with a third party MovNat.com is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
(c) Payment
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
Refunds and Transfers Policy
Due to the large quantity of live training events we conduct, MovNat does not accommodate requests for refunds on event registration fees (e.g. Workshops, Certifications, Retreats, Specialty Events, etc.). In addition, MovNat does not accommodate refund requests for online recertification fees in the event that the recertification process is not completed. Once paid, these fees are non-refundable.
However, we do accommodate requests to transfer to a different event, subject to the following terms and conditions. These conditions are necessary because we plan and schedule the logistics of each event, in part, based on the total number of student registrations several months before the event takes place.
If you are a registered participant for an upcoming MovNat event*, you may request to transfer your registration to another similar event, space permitting. If a transfer request is approved, we will honor (1) transfer to a similar event of your choosing, as long as the new event is scheduled within one year of the original event’s start date, and the associated transfer fee has been paid. You may not transfer more than once or after a 1 year period has elapsed. All transfer requests MUST be submitted in writing with no less than 30 days prior to the event, by filling out this Transfer Request form. You may also request to transfer your registration to another person, if you prefer.
Any transfer request made and processed up to 30 days before the event’s start date is subject to a $250 processing fee per event**. Each transfer fee must be paid by the deadline provided in the transfer approval. If the fee is not paid prior to the deadline, the transfer request will be denied. No transfer requests are accepted after an event date has passed.
*Transfers are NOT allowed for ANY 3-hour (“Intro”), 6-hour (“Elements”) or 12-hour (“Advanced”) Workshops.
**Level 1 and Level 2 certifications are separate events, and are treated as such. Therefore, if requesting a transfer for both Level 1 and Level 2 certification events, there is an associated fee for EACH event’s transfer request as outlined in the fee schedule above. There are no exceptions to this refunds and transfers policy.
Note: All pending event transfers requested prior to November 1, 2021 expired December 31, 2022. Failure to transfer to an event prior to that date voided any event registration.
Cancellation Policy
We reserve the right to cancel any MovNat event at our sole discretion. If the MovNat team cancels an event for any reason not related to natural disasters, you will be offered either a full refund or the option to transfer your registration to another similar event, in accordance with our Terms and Conditions.
In the case of an unexpected natural disaster (e.g., earthquakes, hurricanes, floods, wildfires, etc.) that makes the event location hazardous for participants, we will not provide refunds. However, we will make every effort to reschedule the event or offer credit toward future events.
We aim to notify participants of cancellations at least two weeks before the event date, except in the case of sudden natural disasters. If you need to book travel and accommodations before this two-week window, we highly recommend purchasing refundable ticket options and travel insurance to protect against unforeseen circumstances.
We also reserve the right to postpone and reschedule an event if it is deemed unsafe by us or local authorities to continue with the event at the appointed time. If we must postpone an event, you will be informed as soon as possible. Once it is deemed safe to reschedule the original event, we will inform you via email and your registration will be transferred to the new date. If you cannot attend the new, rescheduled date, we can postpone your attendance to any comparable future event that you wish to attend, as long as that event happens within 1 year of the postponed event date.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law MovNat.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect MovNat.com’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trademarks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with MovNat.com and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to MovNat.com.
Indemnity
You agree to indemnify, defend and hold harmless MovNat.com, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
Variation
MovNat.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Payment Plan Terms and Conditions
To lessen the financial burden on our students and make our training as accessible as possible, MovNat provides custom payment plans for select training events (e.g. Certifications, Retreats, etc.), subject to the following terms and conditions.
All payments are due upon receipt of invoice, which are sent via email.
Upon receipt of the deposit (i.e. the first installment), we will reserve a spot at the event and give you access to any respective course preparatory materials.
Failure to make payments within 30 days of the invoice date and/or failing to pay registration in full at least 30 days prior to the event’s start date forfeits your registration and any prior payments entirely. Also, if a payment is missed, we reserve the right to give your spot to someone else. You are responsible for making timely payments.
Those electing to pay for an event registration via the payment plan option will be charged an additional 5% processing fee.
“Early bird sale pricing” is not available for payment plans.
Unless an event is cancelled by MovNat, refunds are not provided for payments made via the payment plan option.
WAIVER AND RELEASE
I hereby enter into the following agreement with MovNat (principal place of business in New Mexico), as well as its members, officers, employees, agents, and representatives (individually and collectively, “MovNat”), as a condition of receiving and using MovNat’s online fitness and performance programming services.
- I acknowledge and fully understand that MovNat will endeavor to provide the most effective principles to help achieve my fitness, performance, and personal goals, but that MovNat cannot guarantee that any services, products, programs, methods, workouts, recommendations, or routines will be safe, effective or suitable for everyone. All such products and services, programs, techniques, recommendations, and materials embodied in such products and services are offered without warranties or guarantees of any kind, express or implied, including, but not limited to, warranties of safety or fitness for any particular purpose. Further, I hereby waive, release, and discharge MovNat and all of their members, officers, employees, agents, and representatives from any and all liability from death, injuries or damages arising from, or in any way connected with, use of its services, products, programs, methods, workouts, recommendations, or routines, including any death, injuries or damages resulting from the negligent recommendations, acts, or omissions of MovNat, no matter where those injuries occur.
- I acknowledge and fully understand that any fitness or exercise activities, and the use of training and fitness equipment and machinery, involve risks of serious injury, permanent disability, or death, even if done correctly and with the utmost attention to safety. These risks include, but are not limited to, fainting; broken bones; strained or torn muscles; torn or strained ligaments, tendons, and other connective tissues; herniated discs and other spinal injuries; cardiovascular or cerebrovascular events, including heart attack or stroke; conditions related to overexertion, including heat stroke/exhaustion or rhabdomyolysis; or damage to the nervous system, including irreversible damage to the brain or spinal cord. I further acknowledge and fully understand that participation in any fitness or exercise activities could aggravate a pre-existing condition, whether known or unknown, and that there may be other risks associated with my participation in fitness or exercise activities that are not known or not reasonably foreseeable at this time. I further acknowledge and fully understand that all of the foregoing risks are especially pronounced in an online programming setting, such as that embodied by the fitness and performance programming services provided by MovNat because I will necessarily be engaging in fitness or exercise activities on my own, without real-time supervision by MovNat, in a facility or location over which MovNat has no control. I hereby acknowledge and accept the foregoing risks and dangers. Further, I hereby waive, release, and discharge MovNat from any and all liability from death, injuries or damages arising from, or in any way connected with, MovNat’s fitness and performance programming services; MovNat’s instruction, programming, advice or recommendations; the use of any exercises, routines, equipment or machinery, whether or not they were recommended by MovNat; or my engagement in any fitness or exercise activities, including any death, injuries or damages resulting from the negligent recommendations, acts, or omissions of MovNat, no matter where those injuries occur.
- I acknowledge and understand that MovNat and all of their members, officers, employees, agents, and representatives are not licensed dietitians or physicians, and do not hold themselves out to possess professional expertise in dietetics or medical matters. I acknowledge and agree that any information, guidelines, or advice provided by MovNat are not intended to constitute and shall not be construed as dietetic or medical advice, as treatment for any general or particular medical or physiological condition or pathology, or as a means of improving or bettering health outcomes, and that they carry no express or implied warranty of any kind, including, but not limited to, warranties regarding safety or suitability for a particular purpose.
- I understand that a physician’s approval is highly recommended prior to participating in any type of fitness or exercise activity, and I hereby represent that I have either obtained a signed approval from my physician, or that I acknowledge the risks inherent in such activities but have elected to engage in said activities without seeking prior approval by a physician.
- If a court of competent jurisdiction, or any other legal authority or governmental agency, declares any provision of this agreement invalid, such invalidation shall not affect the remaining provisions of this agreement, which shall remain in full force and effect. If any sentence, clause, phrase, or term of any section of this agreement is deemed invalid, the remainder of that section shall remain in full force and effect.
- Any suit brought under this agreement, or in relation to any programming, consultation or services provided under this agreement, shall be brought in New Mexico, and both parties irrevocably consent to venue and jurisdiction in that court. This agreement shall be governed by New Mexico law, irrespective of any choice-of-law principles. The parties’ legal rights and obligations relating to this agreement and relating to the programming and services provided under this agreement shall be governed by New Mexico law, irrespective of any choice-of-law principles. This agreement shall be deemed to have been agreed to and executed in New Mexico.
- I hereby give permission to MovNat and any of its employees, contractors, coaches, or representatives to use my name and photographic/video likeness in all forms and media for advertising, exposition displays, trade, and any other lawful purposes.
- I HAVE READ THIS AGREEMENT IN ITS ENTIRETY AND AGREE TO ADHERE TO ALL ITS PRECEPTS. Any questions that I may have had relating to anything in this agreement have been answered to my satisfaction. This document encompasses the entire agreement of the parties and supersedes all prior oral and written representations between the parties, if any.
DISCLAIMER: MovNat and all of their members, officers, employees, agents, and representatives are not licensed dietitians, are not offering dietetics advice, and are not offering advice intended as dietary means of improving health or providing medical advice.
Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and MovNat.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of MovNat.com.
