These Website Terms and Terms and conditions govern your use of our website, https://www.move-wells.com and your relationship with us. Please read these terms carefully as they affect your rights and liabilities under the law.

If you do not agree to these Terms of Use, please do not subscribe as a member, use the Website, or purchase any of our Products or services.

Please also see our Privacy and Data Protection Policy for information about how we collect and use your personal data.

Introduction

These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and MoveWells LLC, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by MoveWells LLC and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to MoveWells LLC and accessing the Website in connection with the provision of such services.

You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

Intellectual Property and Acceptable Use

By providing any content for distribution by the us (such as before and after photographs) you expressly grant us a worldwide, royalty-free, perpetual, irrevocable license to use, copy, store, perform, display and distribute such content.

All Content included on the Website, unless uploaded by Users, is the property of MoveWells LLC, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users.

By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission.

You may, for your own personal, non-commercial use only, do the following:

retrieve, display and view the Content on a computer screen

print one copy of the Content.

You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of MoveWells LLC.

Medical

MoveWells LLC and its representatives do not provide medical advice, physical therapy, dietitian services, or any other regulated healthcare services. All information, programs, and recommendations offered are intended for informational and educational purposes only. Users are strongly encouraged to consult with licensed medical professionals or dietitians for personalized medical advice or treatment.

We are not engaging in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise or diet on a medical condition.

You acknowledge that when participating in any exercise program that there is the possibility of physical injury.

Although MoveWells LLC is owned and operated by a Doctor of Physical Therapy, the services provided through this platform are limited to health coaching, wellness consulting, and fitness programming. These services are not a substitute for physical therapy or other medical treatments. No diagnosis, therapeutic treatment, or rehabilitation services are offered. Users requiring such services should seek a licensed healthcare provider.
However, if during the course of your engagement with MoveWells LLC it becomes evident that your condition or circumstances require physical therapy services, we may offer to transition you to a physical therapy program.

This transition will be governed by a separate contractual agreement, and will only occur under the following conditions:

Mutual Agreement: The transition will require your explicit consent and agreement to enter into a physical therapy program under the terms of a separate contract.State Licensing Requirements: Physical therapy services will be provided in compliance with all applicable state laws and regulations governing the practice of physical therapy. These services will only be offered to clients who reside in states where the Doctor of Physical Therapy is licensed to practice. Scope of Physical Therapy Services: The physical therapy program will be distinctly separate from the coaching, consulting, and fitness programming services provided by MoveWells LLC. These services may include assessment, diagnosis, therapeutic interventions, and other activities consistent with the practice of physical therapy as defined by applicable state law. Separate Agreement: The terms, conditions, and fees for the physical therapy program will be outlined in a separate agreement, which must be reviewed and signed before any physical therapy services are rendered. Termination of Coaching Services: Upon transitioning to a physical therapy program, your existing health coaching or wellness consulting services may be terminated as appropriate to avoid conflicts between the services provided. Referral Option: If the required physical therapy services are outside the scope of practice or expertise available through MoveWells LLC, you will be referred to an appropriate licensed physical therapy provider or healthcare professional.

By agreeing to the terms of this document, you acknowledge and understand that any transition to physical therapy services will require a separate contractual agreement and will not be automatically included under your current engagement with MoveWells LLC.

Prohibited Use

You may not use the Website for any of the following purposes:

In any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;

In any way that is harmful, unlawful, abusive, harassing, threatening, or otherwise objectionable, or in violation of any applicable law, regulation, or governmental order;

Making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

Signing Up

You must ensure that the details provided by you upon sign up or at any time are correct and complete.

You must inform us immediately of any changes to the information that you provide when signing up by updating your personal details to ensure we can communicate with you effectively.

We may cancel your subscription with immediate effect for any reasonable purposes or if you breach these terms and conditions.

Cancellation Policy

The monthly subscription can be cancelled at any time, and the same applies to the three-month package following the initial three-month payment. You can cancel directly with us via Email, at your request. You must provide your cancelation notice on or before 15 days prior to the recurring monthly charge date. If your cancelation is submitted within 15 days of the recurring charge, you will be responsible for the following month fee. Once you cancel, you will not be charged again and will be able to continue the service and access the app until the end of your current payment period.

Like most subscriptions, the subscription cannot be paused (temporarily put on hold). If you wish to stop, even if just temporarily, you can cancel your subscription — this can be done anytime following the initial one-month or three-month subscription payment. Assuming I have availability, you will be able to sign back up following your break, though there is no guarantee that we will have availability at that time. When cancelled, you do maintain access to the app and service until your subscription expires.

No Warranties

This website and the information contained in it is provided for information purposes only. We make no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of any other clause contained in this disclaimer, We make no warranties or representations that the information on this website:

a) is complete, true, accurate or non-misleading; and

b) is right for You.

Refund Policy

MoveWells LLC Online Consulting and Personal Training Service does not offer any refunds as this is a custom made subscription product, but you may cancel future subscriptions at anytime via email.

Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of MoveWells LLC or that of our affiliates.

We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.

The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Privacy Policy and Cookie Policy

Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please click on the following: *************[Privacy Policy and Cookie website links here]**********************

While MoveWells LLC is not a covered entity under the Health Insurance Portability and Accountability Act (HIPAA), we are committed to protecting your privacy and maintaining the confidentiality of your personal and health-related information. Please refer to our Privacy Policy for details on how we handle data.

Availability of the Website and Disclaimers

Any online facilities, tools, services or information that MoveWells LLC makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. MoveWells LLC is under no obligation to update information on the Website.

Whilst MoveWells LLC uses reasonable endeavors to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.

MoveWells LLC accepts no liability for any disruption or non-availability of the Website.

MoveWells LLC reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any

products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

Limitation of liability

Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.

To the maximum extent permitted by law, MoveWells LLC accepts no liability for any of the following:

any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;

loss or corruption of any data, database or software;

any special, indirect or consequential loss or damage.

MoveWells LLC, nor any of its employees, agents or representatives, are engaged in rendering medical advice, nor does it (or any of its employees, agents or representatives) hold itself out as qualified to do so.

We strongly recommend that you seek professional medical advice before embarking on any diet or exercise program.

Any exercise program, even in healthy individuals, carries risk. You have a responsibility to exercise you own personal judgment, as well as any other considerations, before acting on any of the content provided by us.

You acknowledge and agree that participation in any exercise program or implementation of recommendations provided by MoveWells LLC carries inherent risks, including but not limited to physical injury, discomfort, or adverse health outcomes. By participating, you voluntarily assume all risks associated with these activities and release MoveWells LLC, its representatives, and affiliates from any liability for injury, loss, or damages incurred as a result.

Where we provide you with a Personal Plan, the information contained therein should not be regarded as or relied upon as being a comprehensive health or exercise program. Accordingly any actions that you take in relation to a personal plan should not be pursued regardless or to the exclusion of other information, opinions or judgments that are available to you.

Any Personal Plan will have been prepared on the basis of information provided by you. You are responsible for the accuracy of any information that you provide to us. You are responsible for informing us of any health issues or medical conditions when asking us to prepare a Personal Plan.

Before taking any action in relation to a Personal Plan, you must take into account any other factors apart from the Personal Plan of which you are or ought to be aware.

The information set out in any Personal Plan may relate to certain contexts and may not be suitable in other contexts. It is your responsibility to ensure that you do not use the information we provide in the wrong context.

You are responsible for informing us of any health issues and pre-existing medical conditions when you ask us to prepare a Personal Plan.

Any information that we provide that does not form part of a Personal Plan, whether obtained through our website, e-book, video course, social media (such as Facebook, Instagram or Twitter) or otherwise, is provided for the purposes of general information only.

You agree to indemnify and hold harmless MoveWells LLC, its representatives, and affiliates from any claims, liabilities, damages, or expenses arising from inaccurate or incomplete information you provide, or from your failure to seek appropriate medical or professional advice before implementing our recommendations.

Expected Results

While we believe that for most people, following our programs and methods will lead to desired results, all exercise programs depend on the individual.

Results are influenced by individual factors such as genetics, health conditions, effort, and consistency. Accordingly, we do not guarantee specific outcomes or results. The testimonials and case studies shared are representative of individual experiences and should not be interpreted as typical or guaranteed results. We, therefore, provide no warranties of any kind, express or implied, as to:

the effectiveness of any techniques, diets, or programs that we deliver; or

the results that you may achieve as a result of following our programs.

All testimonials shown on our website or in our content are real people who have followed the plans provided by us. For the avoidance of any doubt, however, they are not indicative of the results that you are likely to achieve; rather, they are included as examples of the results that particular individuals have achieved.

All testimonials displayed on the website or promotional materials represent the experiences of individual clients and do not guarantee specific results. By providing a testimonial, you consent to its use in promotional materials in accordance with applicable laws. MoveWells LLC complies with the Federal Trade Commission (FTC) guidelines regarding endorsements and testimonials.

General

The subscription amount is paid monthly, in advance for each month and via Stripe with the option to pay the first three months in advance for a discounted rate.

We reserve the right to make subscription increases and will provide one month's notice of any planned increase.

You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.

These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.

These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements, or agreements that might have taken place in relation to the terms and conditions.

No Third-Party Beneficiaries Clause

This Agreement is entered into solely between MoveWells LLC ("we," "us," or "our") and the user ("you"). It is not intended to benefit any person or entity other than the parties hereto. Accordingly:

No Third-Party Rights: This Agreement does not and shall not be construed to create any rights or remedies enforceable by any third party, whether as a third-party beneficiary or otherwise. Exclusion of Third-Party Beneficiaries: Except as expressly stated in this Agreement, no individual or entity other than the parties hereto shall have any legal or equitable right, remedy, or claim under or in respect to this Agreement or any of its provisions. State Law Compliance: This clause is intended to comply with applicable state and federal laws governing contract enforcement and the rights of third parties. Should any provision of this Agreement be deemed enforceable by a third party under applicable law, such provision shall be interpreted in a manner that restricts third-party rights to the maximum extent permitted. Severability: If any part of this clause is deemed invalid or unenforceable, the remainder of this clause and the Agreement as a whole shall remain in effect.

If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal, or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.

Unless otherwise agreed, no delay, act, or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

This Agreement shall be governed by and interpreted according to the laws of the State of North Carolina, United States of America. All disputes arising under this Agreement, including non-contractual disputes or claims, shall be subject to the exclusive jurisdiction of the courts located in Raleigh, North Carolina.

Nutritional and Exercise Recommendations

We provide nutritional advice and exercise recommendations based on the information you provide to us. It is essential that you provide accurate and up-to-date information about your health, medical conditions, dietary restrictions, and physical fitness level. Our advice is tailored to the information you provide; therefore, any inaccurate or incomplete information may lead to inappropriate recommendations. It is your responsibility to consult a medical professional before making significant changes to your diet or exercise routine, especially if you have pre-existing medical conditions or concerns.

Personal Responsibility

Participation in our fitness programs and the implementation of the recommended exercise routines and dietary guidelines are entirely at your own risk. You understand that there are inherent risks associated with physical activities and changes in dietary habits. You agree to assume full responsibility for any injuries, damages, or adverse health effects that may result from participating in the programs, exercises, or recommendations provided by us. You acknowledge that you have been advised to consult a medical professional before starting any new exercise or nutrition program.

Results and Progress Tracking

While we provide guidance and support to help you achieve your fitness goals, we cannot guarantee specific outcomes or results. Progress varies from person to person and depends on factors such as genetics, effort, consistency, and adherence to the program. We recommend that you keep track of your progress and make adjustments as necessary. We are not liable for any dissatisfaction with the results achieved or the lack thereof.

Communication and Support

We are committed to providing accurate and timely information to support your fitness journey. Our communication channels are primarily through the platform we provide, email, and other designated methods. While we strive to respond promptly to your inquiries, there might be reasonable delays due to high demand or unforeseen circumstances.

Emergency Disclaimer

MoveWells LLC does not provide emergency or urgent medical advice. In the event that a medical emergency arises during live, active remote participation (such as a virtual session), you are advised to immediately stop participation and contact emergency services or a licensed healthcare provider. MoveWells LLC will make reasonable efforts to assist in alerting emergency services if necessary and feasible but assumes no responsibility for the outcome of emergency situations. Participants are encouraged to ensure a safe and appropriate environment for all physical activities and to have access to emergency contact information during sessions.

In case of a medical emergency, injury, or acute health concern, during independent activities contact a licensed healthcare provider or emergency services immediately.

Copyright and Content Usage

All materials, including text, images, videos, and other content provided by us, are protected by copyright and intellectual property laws. These materials are intended solely for your personal use and should not be shared, reproduced, or distributed without our written permission. You may not use our materials for commercial purposes or in any way that misrepresents our content as your own.

Termination of Services

We reserve the right to terminate or suspend our services to you if we have reasonable grounds to believe that you are not complying with these terms and conditions or if your conduct is deemed inappropriate, harmful, or in violation of any applicable laws. In the event of termination, you remain responsible for any obligations, including payments, that accrued prior to termination.

Modification of Programs and Content

We reserve the right to modify, discontinue, or update our programs, services, or content at any time without prior notice. While we strive to maintain continuity of services, users acknowledge that changes may occur due to evolving industry practices, regulatory requirements, or other considerations. We will make reasonable efforts to inform you of any significant changes that may impact your experience.

Feedback and Testimonials

We value your feedback about our programs and services. By providing feedback, you grant us the right to use, share, and publish your comments and testimonials for promotional and marketing purposes. However, we will not disclose personal information without your explicit consent.