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Terms and Conditions

Effective Date: 2023/04/01

Welcome to Moving Barefoot! This website along with all content, products, services and intellectual property owned by Joy Ellen Wilner are subject to the following terms and conditions, all parts and sub-parts of which are specifically incorporated by reference herein. These terms and conditions shall govern the use of all pages on this website and all content, products and services owned by Joy Ellen Wilner, including those offered on this website, on other websites and elsewhere.

IMPORTANT! THESE TERMS AND CONDITIONS AFFECT YOUR LEGAL RIGHTS. PLEASE READ AND REVIEW THEM CAREFULLY BEFORE CONTINUING.

The Agreement

Definitions:

Definitions for these terms and conditions are as follows:

  1. Joy Ellen Wilner (hereinafter referred to as "Joy Ellen Wilner," "I," "Me," or "My") is i) the owner and creator of Moving Barefoot; ii) the owner, creator and publisher of MovingBarefoot.com; and iii) the owner of any and all content, products and services offered by Joy Ellen Wilner under the Moving Barefoot name.
  2. You (hereinafter referred to as "You," "Your," or "Yours") are the user of this website, MovingBarefoot.com.
  3. You and I, collectively are the parties (hereinafter referred to as "Parties") to these terms and conditions.
  4. Terms and conditions (hereinafter referred to as "Terms and Conditions" or "Agreement") is the legal agreement that ensures that all parties understand their contractual rights and obligations.
  5. This website is MovingBarefoot.com (hereinafter referred to as "MovingBarefoot.com" or "Website").
  6. Related third-party websites (hereinafter referred to as "Related Third-Party Websites") are websites that offer any content, products or services owned by Joy Ellen Wilner under the Moving Barefoot name.
  7. Related organizations (hereinafter referred to as "Related Organizations") are organizations that offer any content, products or services created and owned by Joy Ellen Wilner under the Moving Barefoot name. An example of a Related Organization is a community center that offers a Moving Barefoot class.
  8. Content (hereinafter referred to as "Content") is anything that I own that You can use and/or download for free from Me either on this Website, on any Related Third-Party Website or at any Related Organization and includes, but is not limited to, free code, design, text, articles, blogs, books, graphics, logos, photos, audio recordings, video recordings or any other kind of free work.
  9. Products (hereinafter referred to as "Products") are anything that You can purchase to use and download from Me either on this Website, on any Related Third-Party Website or at any Related Organization and includes, but is not limited to, paid-for articles, blogs, books, audio recordings, video recordings or any other kind of paid-for work.
  10. Services (hereinafter referred to as "Services") are anything that You can participate in with Me either on this Website, on any Related Third-Party Website or at any Related Organization and includes, but is not limited to, movement, activities, exercise, classes, workshops or any other kind of service.
  11. Intellectual property (hereinafter referred to as "Intellectual Property") is any artistic or literally work, copyright, trademark, trade secret or business method made available from me on this Website, on any Related Third-Party Website or at any Related Organization.

Your Contractual Rights and Obligations

This Agreement defines Your contractual rights and obligations for:

  1. Content, Products, Services and Intellectual Property;
  2. Your use and purchase of Content, Products and Services;
  3. Your downloading of Content and Products;
  4. Your participation in Services; and
  5. Anything else related to Content, Products, Services and Intellectual Property.

Age Restriction

You must be at least 18 (eighteen) years old and an adult of legal age of majority in Your jurisdiction to use this Website or any Content, Products or Services. By using this Website, You represent and warrant that You are at least 18 (eighteen) years of age, that You are of legal age of majority in Your jurisdiction and that You legally agree to these Terms and Conditions. I assume no responsibility or liability for any misrepresentation of Your age.

If You are under the age of majority in Your jurisdiction or are under the age of 18 (eighteen) years old, then You are not permitted to:

  1. Browse this Website;
  2. Use or purchase any Content, Products or Services;
  3. Download any Content or Products; or
  4. Participate in any Services.

Permissions

If You are at least 18 (eighteen) years old and an adult of legal age of majority in Your jurisdiction, but You do not agree to these Terms and Conditions, then You are not permitted to:

  1. Browse this Website;
  2. Use or purchase any Content, Products or Services;
  3. Download any Content or Products; or
  4. Participate in any Services.

By agreeing to these Terms and Conditions, You are confirming that you:

  1. Are at least 18 (eighteen) years old and are an adult of legal AGE of majority in Your Jurisdiction;
  2. Have read, reviewed, understand and accept this Agreement;
  3. Are mentally and physically fit;
  4. Are legally bound by this Agreement; and
  5. Are physically, mentally and financially responsible for all thoughts and actions taken as a result of this Website or any Content, Products, Services or Intellectual Property.

License to Use

I may provide You with certain information as a result of Your use of this Website. Such information may include, but is not limited to, data, documentation, findings and insights created by Me, and other materials which may assist in Your use of this Website or of Content, Products or Services. Subject to this Agreement, I grant You a non-exclusive, limited, non-transferable and revocable license to use these materials solely in connection with Your use of this Website or of Content, Products and Services. You agree that these materials may not be used for any other purpose and that this license terminates upon Your cessation of use of this Website, of Content, Products or Services or at the termination of this Agreement, whichever occurs first.

Limitations of Use

This Website and all Content, Products and Services are for personal use only. You agree that this Website and all Content, Products, Services and Intellectual Property provided by Me are the property of Me. You agree that I own all right, title and interest in and to this Website and all Content, Products, Services and Intellectual Property and that you:

  1. Will not imitate, copy, or reproduce this Website;
  2. Will not to use this Website, Content, Products, Services or Intellectual Property in any way that could damage this Website, Content, Products, Services or Intellectual Property or the general business of Movement Barefoot.
  3. Will not use this Website or any Content, Products, Services or Intellectual Property for any unlawful or infringing purpose;
  4. Will not imitate, copy, reproduce, alter, edit, modify or dilute any Content, Products, Services or Intellectual Property;
  5. Will not rent, lease, sell or repurpose any Content, Products, Services or Intellectual Property; and
  6. Will not to share, distribute or give any Content, Products, Services or Intellectual Property without express written permission from Me

In any manner or any medium, in whole or in part.

Furthermore, You agree not to use this Website, Content, Products, Services or Intellectual Property:

  1. To discriminate against anyone based on race, ethnicity, sex, gender, sexual orientation, religion, age, etc.；
  2. To bully, label, shame, make fun of, harass, intimidate, abuse, threaten or stalk others or otherwise violate any person;
  3. To incite violence, hate or discrimination;
  4. To make sexual remarks or use inappropriate language;
  5. To distribute obscene or defamatory material;
  6. To violate another’s space;
  7. To unlawfully gather data or information about another;
  8. To spam;
  9. To perpetrate any fraud;
  10. To engage in any unlawful activities; or
  11. To encourage others to do any of the above.

Reverse Engineering and Security

You agree not to undertake any of the following actions:

  1. Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on this Website or Related Websites unless authorized to do so from said websites;
  2. Violate the security of this Website or Related Websites through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.

Participation

I provide barefoot fitness and barefoot fitness-related Content, Products, Services and Intellectual Property. You agree that the Services require a certain level of physical activity and that You are personally responsible for:

  1. Your health and wellness;
  2. Making any necessary modifications and adjustments; and
  3. Any and all injuries You may sustain.

Furthermore, You agree that:

  1. Certain medical conditions may be aggravated or worsened by physical activity;
  2. You have consulted with and have been approved by Your physician to participate in any and all Moving Barefoot physical activities;
  3. There are risks of physical injury and death with any physical activity; and
  4. You assume all such risks.

I am not a healthcare professional. I cannot and do not give healthcare advice. Nothing I say should be construed as such.

Account and Information Loss

You agree that any damage that may occur to You, through Your computer system, or as a result of loss of Your account or information from Your use of the Website, of Related Third-Party Websites or at Related Organizations is Your sole responsibility and that I am not liable for any such damage or loss. I do not accept responsibility for the loss of Your account or information on this Website, on Related Third-Party Websites or at Related Organizations. You agree that Your use of Content, Products and Services on this Website, Related Third-Party Websites or Related Organizations is at Your own risk.

Service Interruptions

I may need to interrupt Your access to this Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to this Website may be affected by unanticipated or unscheduled downtime, for any reason, and that I shall have no liability for any damage or loss caused by such downtime.

Right to remove Accounts, Content, Products, Services and Intellectual Property

You agree that I have the right to remove any and all Accounts, Content, Products, Services and Intellectual Property from this Website, Related Third-Party Websites and Related Organizations. Related Third-Party Websites have the right to remove any and all Accounts, Content, Products, Services and Intellectual Property from their Related Third-Party Websites. Related Organizations have the right to remove any and all Accounts, Content, Products, Services and Intellectual Property from their Related Organizations.

You agree that I may terminate this Agreement with You at any time for any reason and that I specifically reserve the right to terminate this Agreement if You violate any of the Terms and Conditions outlined herein. If You have registered for an account with Me or Moving Barefoot, then You may also contact me at any time and request to terminate this Agreement. At the termination of this Agreement, any provision that would be expected to survive termination by its very nature shall remain in full force and effect.

You agree that if You breach any of these Terms and Conditions, then I, Related Third-Party Websites or Related Organizations may take action against You, including, but not limited to, disabling Your access to Content, Products, Services and Intellectual Property and terminating Your account altogether. You agree that I have no obligation to, and will not, reimburse or refund You for any Content, Products or Services as a result of Your access being disabled or Your account(s) being terminated.

No Warranties

You agree that Your use of this Website, Content, Products and Services is at Your sole and exclusive risk and that all Content, Products and Services provided by Me is on an "as is" basis. I hereby expressly disclaim any and all express or implied warranties of any kind, including, but not limited to, the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. I make no warranties as to the reliability or accuracy of any information on this Website, on Related Third-Party Websites or at Related Organizations. I am human. I make mistakes often. My Content, Products and Services may contain errors: they may be wrong, inconsistent and/or outdated. I make no warranty that Content, Products, Services or Intellectual Property will meet Your needs or that this Website, Related Third-Party Websites or Related Organizations will be uninterrupted, error-free or secure. I reserve the right to cancel or refuse to accept any order for whatever reason.

I am human and cannot anticipate every single situation that could arise from:

  1. Your browsing this Website;
  2. Your using or purchasing Content, Products or Services;
  3. Your downloading Content or Products;
  4. Your participating in Services; or
  5. Anything else.

I make no representations or warranties of any kind whatsoever, expressed or implied, in connection with:

  1. These Terms and Conditions;
  2. This Website;
  3. Any Related Third-Party Websites;
  4. Websites that this Website links to;
  5. Websites that link to this Website;
  6. Related Organizations; and/or
  7. Any Content, Products, Services or Intellectual Property.

I may post links to third-party websites or other services. I have no control over Related Third-Party Websites, websites I link to, websites that link to this Website, or Related Organizations. I do not endorse them; and I do not endorse the content, products, services or intellectual property on these websites or at other organizations. You agree that I am not responsible or liable for any loss or damage caused as a result of Your use of this Website or of any Related Third-Party Website, website I link to, website that links to this Website or Related Organization. Please review all privacy policies and terms of conditions on this and other websites carefully.

My Intellectual Property Rights

Content, Products, Services and Intellectual Property are protected by U.S. copyright and trademark laws and other applicable intellectual property laws and treaties throughout the world. Unless explicitly specified otherwise, all Content, Products, Services and Intellectual Property are owned by Me to the full extent permitted under U.S. copyright act and all international copyright laws and all other applicable laws.

Intellectual Property Rights of Others

I respect the intellectual property rights of others and do My best to create My own Content, Products, Services and Intellectual Property. Whenever I use something that came from another, I either pay for it or give credit. Please reach out to Me at joy @ gumbyware . com if You believe that I have infringed on the copyrights of others.

Limit On Liability

You agree that I and Moving Barefoot are not liable for any damages or losses of any kind whatsoever, directly or indirectly, as a result of these Terms and Conditions.

You agree that I am not liable for any damages or losses of any kind whatsoever, directly or indirectly, that may occur to You as a result of Your use of:

  1. These Terms and Conditions;
  2. This Website;
  3. Any Related Third-Party Websites;
  4. Websites that this Website links to;
  5. Websites that link to this Website;
  6. Related Organizations; and/or
  7. Any Content, Products, Services or Intellectual Property

To the fullest extent permitted by law.

You agree to defend and indemnify Me and Moving Barefoot and hold Me and Moving Barefoot harmless against any and all legal claims and demands, including attorney's fees, which may arise from or relate to Your use or misuse of:

  1. These Terms and Conditions;
  2. This Website;
  3. Any Related Third-Party Websites;
  4. Websites that this Website links to;
  5. Websites that link to this Website;
  6. Related Organizations;
  7. Any Content, Products, Services or Intellectual Property;
  8. Your breach of this Agreement; or
  9. Your conduct or actions.

You agree to release Me and Moving Barefoot from all disputes, claims, lawsuits, damages, losses, liabilities, obligations, demands, settlements, judgments, expenses (including attorney fees and costs) and actions if You have a dispute with Me, Moving Barefoot, a Related Third-Party Website, a website that I link to, a website that links to Me, or a Related Organization.

You agree to give up the right to sue or bring any action or proceeding against Me or Moving Barefoot either individually or as part of a group.

You agree that My maximum liability arising from or relating to this Agreement is limited to the greater of $100 (one hundred U.S. dollars) or the amount You paid Me or Moving Barefoot in the last 6 (six) months. You agree that this section applies to any and all claims by You, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

Arbitration, Jurisdiction, Venue and Choice of Law

In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties agree to first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties agree to submit the dispute to binding arbitration in Sevier County, State of Tennessee, United States of America. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You agree to waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine. The Parties agree that arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The Parties agree that this Agreement shall be construed and enforced in accordance with the laws of the United States of America and the State of Tennessee. The Parties agree to pay their own costs and fees. The Parties agree that claims necessitating arbitration include, but are not limited to: contract claims, tort claims, claims based on Federal or state law or claims based on local laws, ordinances, statutes or regulations. The Parties waive any rights they may have to a jury trial in regard to arbitral claims. You agree that You will follow the laws and regulations of Your locality when using, purchasing, downloading or participating in this Website or any Content, Products or Services.

No Agency, Partnership or Joint Venture

No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.

Assignment

This Agreement, or the rights granted hereunder, may not be assigned, sold, rented, leased or otherwise transferred in whole or part by You. Should this Agreement, or the rights granted hereunder, be assigned, sold, rented, leased or otherwise transferred by Me, the rights and liabilities of Me and Moving Barefoot will bind and inure to any assignees, administrators, successors or executors.

Headings for Convenience Only

Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.

Modifications and Amendments to this Agreement

I may, from time to time and at any time without notice to You, modify or amend this Agreement. You agree that I have the right to modify and amend this Agreement or revise anything contained herein. You further agree that all modifications and amendments to this Agreement are in full force and effect immediately upon posting of the modified or amended Agreement on this Website and that modifications or amendments will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or amendment of this Agreement.

You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or amendments. You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement. You agree that Your continued use of this Website, Related Third-Party Websites and Related Organizations after any modifications or amendments to this Agreement is a manifestation of Your continued assent to this Agreement. In the event that You fail to monitor any modifications or amendments to this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified or amended Agreement. If You continue to use any Content, Products or Services, then You are bound by the modified or amended Agreement.

If You do not agree to be bound by the modified or amended Agreement, then You are not permitted to:

  1. Browse this Website;
  2. Use or purchase any Content, Products or Services;
  3. Download any Content or Products; or
  4. Participate in any Services.

Severability

If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, You agree that the remaining parts and sub-parts of this Agreement will be enforced to the maximum extent of the law. In such situations, the remainder of this Agreement shall remain in full force.

Force Majeure

I am not liable for any failure to perform due to causes beyond my reasonable control including, but not limited to, health issues, acts of God, acts of civil authorities, acts of military authorities, riots, acts of nature, natural disasters or any other act that may be due to an unforeseen circumstance.

No Waiver

In the event that I fail to enforce any part or sub-part of this Agreement, this shall not constitute a waiver of any future enforcement of that part or sub-part or of any other part or sub-part. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.

Related Legal Agreements

By agreeing to these Terms and Conditions, You are also agreeing to the Privacy Policy on this Website and the terms and conditions, privacy policies and any and all legal agreements of Related Third-Party Websites and Related Organizations. Please review carefully the terms and conditions, privacy policies and other legal agreements of this website, Related Third-Party Websites and Related Organizations.

Electronic Communications Permitted

Electronic communications, including, but not limited to, communicating by email, is permitted by both Parties under this Agreement. For any questions or concerns, please email Me at joy @ gumbyware . com .

Language

All communications made or notices given pursuant to this Agreement shall be in the English language.

Entire Agreement

This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website, Content, Products or Services. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website, Content, Products or Services.

Any and all rights not expressly granted under this Agreement are reserved by Me.

Contact Information

If you have any questions or concerns about this Agreement, then please contact me via email at joy @ gumbyware . com.

 

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