Terms of Service

Last modified: December 14, 2023

General

The Movemint website and services allow event organizers to create and manage free and paid athletic events.

You agree to comply with these Terms and any supplemental terms which Movemint makes available to you on the Services which shall form part of the Terms. Movemint reserves the right to review accounts and user actions on the Services to ensure compliance with our Terms. BY ACCESSING, USING OR UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE SERVICES, OR BY INDICATING YOUR ASSENT TO THESE TERMS BY CREATING AN ACCOUNT, CLICKING “SIGN UP” OR ANY SIMILAR MECHANISM, YOU ARE AGREEING TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES. This agreement was written in English. To the extent a translated version of the Terms conflict with the English version, the English version controls.

If you access or use the Services on behalf of a company or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms and that it is fully binding on them. In such case, the term “you” will refer to such entity and its affiliates. If you do not have authority, you may not access or use the Services. These Terms contain disclaimers of warranties and limitations on liability that may be applicable to you.

The Movemint Services cannot be provided and the agreement described in these Terms of Service cannot be performed without Movemint processing data about you and other Movemint users. Processing of the data you share with Movemint is essential to the Services we provide and a necessary part of our performance of the agreement we have with you.

Notice Regarding Dispute Resolution: These Terms contain provisions that govern how disputes between you and Movemint are resolved, including an agreement to arbitrate, which will, unless you reside in the European Union, with limited exception, require you to submit claims you have against us to binding and final arbitration and limit you to claims against Movemint on an individual basis, unless you opt-out in accordance with the instructions below.

Registration and Accounts

The Services are intended solely for persons who are 13 years old or such higher age required in your country to use the Services. If you are under the legal age to form a binding contract in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

To use the Services, you must use our website. In doing so, you agree to: (a) provide true, accurate, current and complete information about yourself (“User Data”) and (b) maintain and promptly update the User Data. You agree that Movemint may use your Athlete Data to provide Services that you access or use and as otherwise set forth in these Terms and our Privacy Policy. You also agree to create only one account for your own personal use and not share your account with others. If you provide any User Data that is inaccurate or not current or that you have created multiple accounts, Movemint has reasonable grounds to suspect that such Athlete Data is inaccurate or not current, and Movemint has the right to suspend or terminate your account and refuse current or future use of the Services. In consideration of your use of the Services, you represent that you are not a person barred from receiving services under the laws of any applicable jurisdiction. You may request to delete your account and your data at any time by emailing support@movemint.cc with the subject “Delete User Data.” Movemint will destroy all data except for data related to non-fungible tokens (a.k.a. “NFTs” or “Achievements”) you have created or “minted”, including the underlying activity data. By minting an Achievement on Movemint, you understand that the NFT and its data will be persisted in perpetuity.

You may register for or log-in to your account via a third-party network, such as Google. If you do so, you hereby authorize Movemint to pre-populate the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account. If you connect your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third party.

Events

Movemint's software enable the provision of technology-based Service to help facilitate the administration and management of various races, activities, clubs, online giving sites, charitable donations and other events (collectively, “Events”). A Service may be used by directors or organizers of an Event, sponsoring organizations, charities, not-for-profit entities, and other individuals and entities managing or supporting an Event (collectively, “Organizers”). This Agreement is entered into between Movemint and the Organizer of the Event which/who: (a) is duly authorized to receive the registration fees, donations, membership fees, ticket fees and any and all other payments which are processed and collected for the Event through the use of our Service (collectively, the “Event Proceeds”); or (b) is otherwise using the Service to support an Event. You represent that you are the Organizer or its authorized representative and have the requisite authority to enter into this Agreement and receive the Event Proceeds. Organizers using a Service are referred to in this Agreement collectively as “you” or “yours” or as the Organizer.

Event organizers can use the Services to manage registration, participants, and results for their athletic events.

Contracting Parties. This Agreement is entered into between Movemint Technology, LLC, a California LLC doing business as Movemint (collectively, “Movemint”, “we” or “us”) and you.

You may only permit access to the Service by your employees and third parties (for example, volunteers or contractors) who you authorize to use the Service in support of the operations of the applicable Event and who are bound by the confidentiality, limited use, intellectual property and other applicable conditions and restrictions of this Agreement (“Authorized Users”). As the Organizer, you shall be responsible and liable to ensure that each Authorized User complies with the terms and conditions set forth in this Agreement.

Nothing in this Agreement prevents you from using another registration provider or discontinuing use of the Service without penalty.

Credit card and payment information. Movemint uses Stripe to handle all payment infrastructure. We retain information regarding transactions in order to register athletes for events and to enable event organizers to manage participants. We do not directly track credit card or payment information of any kind. Please refer to the Stripe Services Agreement for more information on how Stripe processes credit card and payment data.

Fees. ach online Participant using our Services will pay the registration fee charged by you plus a fee for processing such registrations (a “Processing Fee”).

The Processing Fee is established by us and may be changed from time to time at our discretion but will always be clearly disclosed on our Sites to you and to your registrants. We will not change Processing Fees while your race or ticket-based Event is open and accepting registrations or transactions through the Service. We will be responsible for collecting all registration fees and Processing Fees and you hereby expressly consent to, and authorize us, to collect all such fees in connection with our provision of the Service.

Taxes. You will be responsible for the collection and payment of any and all sales and/or use tax (“Sales Tax”), excise, privilege taxes, duties, value added taxes, fees, assessments or similar liabilities (collectively, “Taxes”), except to the extent that (i) we automatically calculate, collect, or remit Sales Tax on your behalf according to applicable law (for more information, see our Site for details); or (ii) we expressly agree with you to receive Sales Tax or other transaction-based charges on your behalf in connection with your sales through our Site. Any and all fees payable by you and/or the online registrants pursuant to this Agreement, including but not limited to the Processing Fee are exclusive of all Taxes, and you and/or the online registrants will pay any Taxes that are imposed and payable on such amounts. All payments made by you to Movemint under this Agreement will be made free and clear of any deduction or withholding (including but not limited to cross-border withholding taxes), as may be required by law. If any such deduction or withholding is required on any payment, you will pay such additional amounts as are necessary so that the net amount received by Movemint is equal to the amount then due and payable under this Agreement. Except as otherwise provided in this Agreement, you agree that Movemint is not obligated to determine whether Taxes apply, and Movemint is not responsible to collect, report, or remit any Taxes arising from any transaction. However, if a taxing authority requires us to pay any of your Taxes, you will promptly reimburse us for the amounts paid.

Refunds - You shall exclusively and directly be liable for and handle refunds. If Movemint, for any reason has to handle refunds or chargebacks on your behalf You will be liable to Movemint for the registration proceeds refunded to participants for Your Event as well as any applicable Movemint processing fees for the original registration and refund and any fees from the credit card brands or Processors to process the chargebacks. Movemint has a service that helps you process refunds, these refunds come out of your reserve funds and will not be processed if the reserve funds do not meet the refund requests. Additional funds can be added to the refund reserve as needed.

Movemint reserves the right to withhold payments from an Event or Organizer if there are complaints from registrants or repeated chargebacks or if an Event has been cancelled and there are not sufficient funds available for refunds. Movemint may require a holdback reserve from Events as a reserve for refunds and chargebacks. Additionally, that holdback may be increased for some Events based on the newness of the Event or newness of the registration history with Movemint or based on Movemint’s internal underwriting review of the creditworthiness of the Organizer Data submitted for the Event Payment Account. Movemint reserves the right to withhold and deduct payment from an Event or Organizer for chargebacks that are processed against the Event. Movemint will release any Event holdbacks after an Event has been completed and it is determined that there are no additional refunds or chargebacks to be processed for that Event.

We may now or in the future use other Processors for payment processing. You agree and provide consent that if we decide to use another payment processing company that we may move your Payment Account or set up another similar Payment Account with any other payment processing company providing similar services for the processing and payment of Registration fees or other Event proceeds as long as there are no other material changes in the Services provided under this Agreement.

Payment of Registration Fees. In connection with our collection of fees in the provision of our Services, you agree as follows: (i) we may send registration fees collected by us, minus our Processing Fees, directly to you via the methods identified in Payments above and you warrant that you are an authorized representative of the Organizer in this regard and (ii) you shall indemnify us for any claims, loss or expenses (including attorney's fees) brought by the Organizer or any other individual, entity or organization that relates to or arises from our payment of funds to you (including a claim that we wrongfully paid such funds to you and should have paid a different individual, entity or organization).

Termination. This Agreement will remain in effect until terminated in accordance with its terms. Either party may terminate this Agreement upon written notice if the other party is in material breach and fails, within thirty (30) days of receipt of written notice of the breach, to correct the breach. In addition, Movemint may immediately deactivate, suspend or terminate your use of the Service for your Event, or delist any Site, if you misuse the Service or the Sites in violation of the terms hereof, including i) by breaching Section 3 above or infringing our intellectual property rights in the Service or Sites; (ii) if Movemint is unable to approve your Payment Account for processing or continued processing now or in the future in our sole discretion, based on our internal underwriting guidelines; or (iii) if you violate the Code of Conduct for our Site. Movemint may also terminate this Agreement, and your access to and use of the Service and Site(s), at any time after your Event is completed (or, as applicable, cancelled), with or without cause, upon written notice to you, but, unless you have misused the Service or the Sites in a fraudulent or other improper manner, you shall then have the right to retrieve your data in accordance with the terms below. Upon termination, all rights (including rights to access and use the Service and Site) and obligations shall automatically terminate and you shall promptly return all proprietary information and materials of ours to us. You agree that, following termination or expiration hereof, we may maintain your data and content (including Collected Data and Custom Content) in accordance with our then-current backup, retention and data retention policies and for the ongoing purposes authorized herein. Upon request within one (1) year after termination, we will make available to you (via electronic download or such other method pursuant to our then-standard practices) your content and data which remains in our possession. After such one-year period, we may, without obligation to do so, delete any or all of your data and/or content without liability. We can also terminate this Agreement if our payment processing vendors terminate our right to process or accept payments, whether with respect to you or our customers at large.

You may discontinue use of the Services at any time without penalty and without notice to Movemint, however you will continue to be liable for any chargebacks or refunds for your event.

Content and Conduct

Ownership of and Use of Content

You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display any Content and any name, username or likeness that you post on or in connection with the Services in all media formats and channels now known or later developed without compensation to you. This license remains in perpetuity for Achievements and their underlying data, and this license ends for all other data when you delete your Content or your account.

Achievements are a public-facing product. If you do not want your Achievement and its underlying activity data to be public, do not mint an Achievement. Movemint reserves the right to promote any Achievement on the platform to any audience, including logged out users.

You understand that you, and not Movemint, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. Movemint does not routinely screen or monitor the Content posted to the Services by others and, as such, does not guarantee the accuracy, integrity or quality of such Content. Movemint may, at its sole discretion, screen, monitor, hide, refuse or remove any Content, or remove any Content that violates the Terms or is otherwise objectionable. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will Movemint be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available on the Services. You agree to bear all risks associated with the use of any Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such Content.

You agree that Movemint is not responsible for, and does not endorse, Content posted on the Services. If your Content violates these Terms, you may bear legal responsibility for that Content. As between you and Movemint, any Content will be non-confidential and non-proprietary. Movemint will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Movemint is not a confidential, fiduciary, or other type of special relationship. Your Content will not be subject to any obligation of confidence on the part of Movemint other than as set forth in our Privacy Policy and your privacy controls, and Movemint will not be liable for any use or disclosure of any Content you provide.

You give us permission to use your profile name, profile imagery, and information about your activities and actions you have taken, including your use of third party products, services, or devices, in ads, offers and other commercial contexts on the Movemint service without compensation to you. 

The Services are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Services, use of the Services or access to Content.

You are granted a limited, non-exclusive right to create a text hyperlink to the Services for non-commercial use only, provided such link does not portray Movemint or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any pornographic, illegal, offensive, harassing or otherwise objectionable material. 

You understand that you are responsible for any charges associated with sending requests or communications via your device while accessing the Services.

You represent and warrant that: (i) you are authorized to create your account, whether individually or on behalf of an organization; (ii) you own the Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms; (iii) the posting and use of your Content on or through the Services does not and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy and data protection rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and (iv) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Services.

Content and Conduct Restrictions

The Movemint community prides itself on creating an inclusive and safe environment for all athletes. Movemint reserves the right to suspend and terminate accounts, and seize assets, for activity that can be interpreted as disrespectful, hateful, or discriminatory. 

Interactions with Athletes

Movemint is a place to connect athletes, supporters, and fans in a virtual community. As a neutral facilitator, Movemint is not directly involved in the actual interactions between those using the Services. As a result, Movemint has no control over the truth, accuracy, quality, legality, or safety of postings made by athletes using the Services. Athlete identity in the Services has dependencies on the data and identities provided through authentication to services like Strava and RideWithGPS. Movemint shall also have no responsibility to confirm or verify the qualifications, background, or abilities of athletes using the Services. You shall at all times exercise common sense and good judgment when dealing with any athlete using the Services.

Professional and Verified Athletes

If you are a professional athlete or high-profile person, Movemint may choose to verify your Movemint account and place a badge on your profile indicating your Verified status. We reserve the right to remove your verified status at any time.

Third Parties

Third party products and services made available on the Services are made and offered directly by the applicable third party. When you pursue or purchase any such product or service, you acknowledge that you are contracting directly with such third party and not with Movemint. Your interaction with, or participation in promotions of, third parties found on or through the Services, including payment and delivery of goods or services, and any other terms, are solely between you and such third party. You are not obligated to use or transact business with any third party that appears on the Services. YOU AGREE THAT MOVEMINT SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES.

Movemint or third parties may provide links to other internet sites or resources through the Services. Movemint does not endorse and is not responsible or liable for any content, information, advertising, products or other materials on or available from such sites or resources. You acknowledge and agree that Movemint is not responsible for the availability of such external sites or resources.

Electronic Communications

The Services may provide you with the ability to send or post messages to forums or chat rooms, speak via internet voice connections or send similar messages and communications to third party service providers, advertisers, your personal contacts, other athletes and/or Movemint. You agree to use communication methods available on the Services only to send communications and materials related to the subject matter for which Movemint provided the communication method, and you further agree that all such communications by you shall be deemed your Content and shall be subject to and governed by the Terms and applicable law (including laws regulating direct marketing communications with which you will need to comply with, as applicable). By using communications methods available on the Services, you agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers, advertisers or other third parties are not endorsed, sponsored or approved by Movemint (unless expressly stated otherwise by Movemint) and (c) communications are not routinely pre-reviewed, post-reviewed, screened, archived or otherwise monitored by Movemint in any manner, though Movemint reserves the right to do so at any time at its sole discretion. You agree that all notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.

Proprietary Rights

You acknowledge and agree that the Services, any necessary software used in connection with the Services, any aggregated data based on Content on the Services, and any Content available or made available on the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by Movemint or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, the software or Content available on the Services (other than Content that you may submit), in whole or in part.

Movemint grants you a personal, revocable, non-transferable, non-sublicensable and non-exclusive right and license to access and use the Services; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services, except where permitted by law. You agree not to access the Services by any means other than through the interfaces that are provided by Movemint.

The term Movemint, the Movemint logo and other Movemint logos and product and service names are the exclusive trademarks of, and are owned by, Movemint, Inc., and you may not use or display such trademarks in any manner without Movemint’s prior written permission. Any third party trademarks or service marks displayed on the Services are the property of their respective owners.

Movemint reserves all rights not expressly granted hereunder.

Claims of Infringement

The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. Movemint also reviews claims of trademark infringement. If you believe in good faith that materials hosted by Movemint infringe your copyright or trademark rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work or trademark claimed to have been infringed (or, if multiple copyrighted works or trademarks located on the Services are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Movemint to locate the material on the Services; (d) the name, address, telephone number, and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please be advised that Movemint will not respond to complaints that do not meet these requirements. We may share your information with third parties when we forward DMCA compliant notifications, which will be forwarded as submitted to us without any deletions. If Movemint determines that the materials alleged to infringe your copyright or trademark rights do not require removal, Movemint will remove those materials only pursuant to a court order declaring the content or use of the materials unlawful.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Counter-notices must include the following information: (a) your name, address, and telephone number; (b) the source of the content that was removed; (c) a statement under penalty of perjury that you have a good-faith belief that the content was removed in error; (d) a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located; or, if your address is outside of the United States, for any judicial district in which Movemint may be found, and that you will accept service of process from the person who provided the original complaint; and (e) a physical or electronic signature (for example, typing your full name).

Notices and counter-notices with respect to the Services must meet the then-current statutory requirements imposed by the DMCA (see https://copyright.gov/title17/92appb.html) and should be sent to the agent identified below. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there may be penalties for false claims under the DMCA.

You can send notices of copyright infringement to support@movemint.cc with the subject line “Copyright infringement.”

Achievements

Movemint Achievements are NFTs. These Achievements contain metadata that point to base activities on other services like Strava and RideWithGPS, authorized by the athletes who completed those activities on those services. Ownership of the base activities and their underlying data is governed by the terms of service and user agreements of the services from which they originated. Achievement owners do not possess any special rights to off-platform base activities. These base activities may change over time, e.g. the underlying activity can be edited or deleted, and those changes may be reflected in the Achievements shown on and by the Services.

When an Achievement is minted, it is owned jointly by the athlete who minted the Achievement and Movemint. Achievements will remain in a Movemint-owned wallet until the Achievement is sold. Original sales of Achievements will not occur through any other wallet or platform.

By minting an Achievement, you certify that you are bound by no legal contracts, terms of service, or other legally binding documents which entitle other entities to proceeds from sales of your Achievements. If you are bound by such an agreement, you agree to pay the entity from proceeds of your Achievement sales. In the event of a dispute, the athlete who minted an Achievement must resolve the dispute and is responsible for any owed damages. Movemint is not liable for such damages, and will not pay its portion of Achievement proceeds in order to resolve such disputes; any and all damages are paid by the athlete. Movemint reserves the right to destroy or “burn” Achievements if royalties are not paid by a buyer or if these Terms are violated in any way.

Movemint is not liable for loss of Achievements or proceeds from sales for any reason, including loss or theft of private keys, loss of access or theft to the credentials you use to log in on Movemint, loss of access or theft to your other accounts (e.g. Strava or RideWithGPS), etc.

The pricing and royalty structure of each Achievement is set when an auction for the Achievement is created. Movemint reserves the right to change pricing, royalties, and payout structures for new auctions, on a forward-looking basis. Movemint reserves the right to charge some athletes to mint Achievements. Movemint reserves the right to close auctions and accept bids for Achievements. If the auction fails to close with the highest bid, Movemint reserves the right to close with a lower bid. Movemint reserves the right only to accept certain offer types. For example, Movemint may only accept offers for an individual item and may reject offers that are collection or trait-based. Once sold, Movemint will transfer ownership of the Achievement to the buyer and transfer funds to the athlete’s wallet according to the royalty and payout structure agreed upon when the auction was created.

Cryptocurrency and associated industries can be volatile. You understand that the relative value of the cryptocurrency you earn from Achievement sales may drastically increase or decrease after you complete a sale. Athletes are responsible for the proceeds of their sales. Sale proceeds are paid out in cryptocurrency. If an athlete wishes to move their cryptocurrency from their Movement-generated wallet to another wallet, they are free to do so. Athletes are also free to import their Movement-generated wallet into a wallet provider like Metamask. Athletes are responsible for any and all cryptocurrency transfers and other transactions.

Your Feedback

We welcome your comments, feedback, suggestions, and other communications regarding the Services and the information and services we make available through the Services (collectively, “Feedback”). If you provide Feedback, you hereby grant to Movemint a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send Movemint any Feedback that you do not wish to license to us as set forth above.

Disclaimer of Warranties and Liability

THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. Movemint AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. MOVEMINT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR CONTENT WILL BE AVAILABLE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

YOU EXPRESSLY AGREE THAT MOVEMINT IS NOT PROVIDING MEDICAL ADVICE VIA THE SERVICES. THE CONTENT PROVIDED THROUGH THE SERVICES, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER ACCOUNT HOLDERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (b) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. SHOULD YOU HAVE ANY HEALTH RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THE SERVICES, AND YOU SHOULD NOT USE THE SERVICES OR ANY CONTENT ON THE SERVICES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND MOVEMINT.

YOU EXPRESSLY AGREE THAT ATHLETIC ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, CYCLING, RUNNING, OR FOLLOWING A MOVEMINT TRAINING PLAN OFFERED ON THE SERVICES) CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF MOVEMINT OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS.

YOU EXPRESSLY AGREE TO RELEASE MOVEMINT, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR ATHLETIC ACTIVITIES AND/OR USE OF THE MOVEMINT WEBSITES, MOBILE APPLICATIONS, CONTENT, SERVICES OR PRODUCTS, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SERVICES, (b) YOUR USE OR MISUSE OF EQUIPMENT OR PROGRAMS CREATED OR LICENSED BY MOVEMINT (INCLUDING, WITHOUT LIMITATION, ANY MOVEMINT TRAINING PLAN) WHILE ENGAGED IN ATHLETIC ACTIVITIES, (c) YOUR DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES, (d) ANY DELAY OR INABILITY TO USE THE SERVICES EXPERIENCED BY YOU, OR (e) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF MOVEMINT HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS OF LIABILITY ABOVE, SUCH AS EXCLUSIONS FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN ENTERING INTO THIS RELEASE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE THE BENEFITS OF, SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, (AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY), WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT ON THE SERVICES.

THE COMPANY’S MAXIMUM AGGREGATE LIABILITY TO YOU PURSUANT TO THESE TERMS SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY YOU TO MOVEMINT IN THE 12-MONTHS PRIOR TO DATE THE CLAIM.

IF YOU ARE A CONSUMER RESIDING IN THE EUROPEAN UNION, YOU HAVE LEGAL REMEDIES IF WE CAUSE YOU LOSS BY OUR BREACH OR NON-PERFORMANCE OF OUR LEGAL OBLIGATIONS, OR BY OUR NEGLIGENCE, AND THESE TERMS DO NOT AFFECT THOSE STATUTORY REMEDIES.

Indemnity

You agree to indemnify and hold Movemint and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the Services, your use of the Services, your athletic activities which generate the Content you post or seek to post on the Services (including, but not limited to, athletic activities in connection with any contests, races, group rides, or other events which Movemint sponsors, organizes, participates in, or whose Services are used in connection with), your connection to the Services, your violation of the Terms, your violation of any data protection or privacy laws, or your violation of any rights of another person or entity. Your rights with respect to Movemint are not modified by the foregoing indemnification if the laws of your country of residence, applicable as a result of your use of our Services, do not permit it.

Notice for California Athletes

Under California Civil Code Section 1789.3, California Services athletes are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

Dispute Resolution

Arbitration

The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through good-faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. Except for disputes relating to the Movemint’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents) or if you opt out of this agreement to arbitrate, all claims arising out of or relating to this Agreement and your use of the Services shall be finally settled by binding arbitration administered by a neutral third party chosen by the Services in accordance with its provisions and procedures for consumer-related disputes, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court; provided, however, that the arbitrator will not have authority to award damages, remedies, or awards that conflict with this Agreement. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Movemint will pay the additional cost. You and Movemint hereby expressly waive trial by jury. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Movemint is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. This provision does not apply to users who live in the European Union.

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.

Class-Action Waiver

The parties further agree that any arbitration shall be conducted in their individual capacities only, and not as a class action or other representative action. If any court or arbitrator determines that the class-action waiver set forth in this section is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception—Litigation of Small Claims Court Claims

Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

Thirty-Day Right to Opt Out

You have the right to opt out and not be bound by the arbitration- and class-action-waiver provisions set forth in this section by sending electronic notice of your decision to support@movemint.cc with the subject “Right to Opt Out.” The notice must be sent within 30 days of registering to use the Services; otherwise, you shall be bound to arbitrate disputes in accordance with these Terms. If you opt out of these arbitration provisions, Movemint also will not be bound by them. In addition, if you elect to opt out of these arbitration provisions, Movemint may terminate your use of the Services.

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with Movemint and these Terms must be filed within one year after such claim arose; otherwise, your claim is permanently barred. This provision does not apply if you are based in the European Union in which case time limitations shall be determined in accordance with governing law for EU users mentioned below.

Choice of Law and Forum

Any action related to the Terms, Content, the Services, and your relationship with the Movemint shall be governed by, and construed and interpreted in accordance with, the laws of the State of California without regard to its conflict of laws principles AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. Subject to the Section entitled “Dispute Resolution”, the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts embracing Oakland, California and you consent to the exclusive jurisdiction of the federal or state courts embracing Oakland, California. If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of these Terms, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys’ fees. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. This paragraph does not apply to users who reside in the European Union.

If you are a user based in the European Union, then Irish law shall apply to these Terms and the Irish courts shall have exclusive jurisdiction to hear disputes arising in relation to the Terms. Despite this, your local laws in your European Union Member State may allow you to take legal action against Movemint in your Member State and to invoke certain local laws against Movemint.

United States Operation

This Services are controlled by Movemint from its offices within the United States of America. Movemint makes no representation that the Content or the Services are appropriate or available for use in other locations. Access to or use of the Content or the Services from territories where such access or use is illegal is prohibited. Those who choose to access the Services from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations.

Termination

You agree that Movemint may, under certain serious circumstances and without prior notice, immediately suspend or terminate your account and/or access to the Services. Cause for such suspension or termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements, policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Services. Termination of your account may include (x) removal of access to all offerings within the Services, (y) deletion of your information, files and Content associated with your account, and (z) barring of further use of the Services. Further, you agree that all suspensions or terminations for cause shall be made in Movemint’s sole discretion and that Movemint shall not be liable to you or any third party for any suspension or termination of your account or access to the Services. The following Sections shall survive termination of your account and/or the Terms: Content and Conduct, Clubs, Proprietary Rights, Your Feedback, Disclaimer of Warranties and Liability, Indemnity, Choice of Law and Forum, and General.

General

You agree that no joint venture, partnership, joint controllership, employment or agency relationship exists between you and Movemint as a result of the Terms or your use of the Services. The Terms constitute the entire agreement between you and Movemint with respect to your use of the Services. The failure of Movemint to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of Movemint. Movemint has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the Services. Movemint’s notice to you via email, regular mail or notices, posts, or links on the Services shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.

Modification of the Terms and Services

Certain provisions of the Terms may be supplemented or superseded by expressly designated legal notices or terms located on particular pages on the Services. Movemint reserves the right to update the Terms at any time and for any reason in its sole discretion. Movemint will notify you of any material changes to the Terms or to any service or other features of the Services. By continuing to access or use the Services after we have provided you with notice of a modification, you are agreeing to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.

Movemint and its third party service providers may make improvements and/or changes in the Services, products, services, mobile applications, features, programs, and prices described at any time and for any reason in its sole discretion. The mobile application may download and install upgrades, updates and additional features in order to improve, enhance, and further develop the Services. Movemint reserves the right at any time to modify or discontinue, temporarily or permanently, the Services or any portion thereof with or without notice. You agree that Movemint shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

Support and Questions

For questions regarding the Services and these Terms, please contact us via support@movemint.com.