Please read the Terms of Use (the “Terms”) carefully because they serve as an agreement between users (“You”, “Your” or “User”) and GTG Systems, LLC (“We”, “Our” or “Us”) regarding the use of the Move Better – Move More® (“App”), which offers wellness services that feature a movement-centric approach to musculoskeletal health.
We use Everfit Technology, Inc.’s platform to deliver Our services and the App to Users. Please note that as a User of Our App, some of the Everfit Terms of Service and the Everfit Privacy Policy (the “Everfit Terms”) are applicable to You and Your use of Our App. By agreeing to these Terms, You also agree to the Everfit Terms, which are incorporated herein by this reference.
You must and agree to these Terms and the Privacy Policy to use the App. If, after reading the Terms and the Privacy Policy, You do not agree, You cannot and should not use the App.
By using the App, You agree to be bound by these Terms and that We may use Your personal information as described in the Privacy Policy. For any User under the age of 18, Your use of this App is confirmation that Your parent or legal guardian has expressly consented to Your use of this App. The App, excluding any unaffiliated content or linked site, is controlled by Us and located in the United States.
The App is provided “AS IS” without warranty of any kind and is not guaranteed to be error-free or uninterrupted. You are able to contact Us directly for any issues experienced or support while using the App. By using the App, You agree not to solely rely on the App in any way for medical treatment as further provided in these Terms.
The App has been developed using care and information from reliable resources. However, the App is not intended to be a substitute for professional medical advice, diagnosis or treatment, and does not constitute medical or other professional advice. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other health related information that may be mentioned on the App.
The information provided through this App is designed to support, not replace, the relationship that exists between a User and the User’s physician. Never disregard professional medical advice or delay in seeking it because of something You have read or seen on the App. It is important to remember that each person can react differently to physical activity and medical treatment. If You have any questions about Your medical treatment or health conditions, consult Your doctor.
The App may provide You with access to and products and services accessible on Our website. Certain features, functionality, and content accessible on or through the App may be hosted on Our website. Your access to and use of such content and services are governed by website's separate terms of use and privacy policy, which are incorporated herein by this reference. Your access to and use of such content and services may require You to acknowledge Your acceptance of Our website’s terms of use and privacy policy and/or to register with the website. Your failure to do so may restrict You from accessing or using certain App features and functionality. Any violation of Our website’s terms of use will also be deemed a violation of these Terms.
The App may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that We are not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. We do not assume and will not have any liability or responsibility to You or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to You, and You access and use them entirely at Your own risk and subject to such third parties' terms and conditions.
You are granted a limited, non-exclusive, non-transferable license to (i) download, install and use the App for personal, non-commercial purposes on a mobile device owned or otherwise controlled by You, and (ii) access the content and services made available in the App, as described in these Terms. You are not permitted to use, reverse engineer, modify, distribute or otherwise exploit the App beyond the grant of license.
The App is licensed, not sold, to You. You do not acquire any ownership interest in the App, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. We, Our licensors and service providers reserve and shall retain the entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to You in these Terms.
You promise that:
You are at least 18 years old, or if You are less than 18 years old, Your parent or guardian has provided consent for You to use the App.
You live in the United States.
You are able to agree to contracts and be legally bound by them. If You are not able to agree to and be legally bound by contracts, a parent or guardian that is able to be bound by contracts is agreeing to these Terms on Your behalf. The person that is able to be bound is responsible for ensuring Your compliance with these Terms.
You will be responsible for Your use of the App. If You have a guardian or are under 18 years old, Your parent or guardian is also responsible for Your use of the App.
You will keep Your account information related to Your use of the App, including Your username and password or other credentials, secret, and not tell anyone what they are or let anyone else use them.
You will tell Us promptly if You believe Your username or password or other credentials are no longer secret, and You will change Your password immediately to protect the privacy of Your information.
You are responsible for reviewing the terms and privacy policy for any Third Party Materials and deciding whether to agree to them, and We encourage You to do so.
The App will not be used:
In an illegal, inflammatory, defamatory, obscene, or hateful manner;
To promote violence, discrimination on the basis of race, religion, gender, nationality, disability, age, or similar characteristics;
To infringe or breach the rights of any third party;
To threaten, abuse, harass, embarrass, alarm, defraud, or annoy another person;
To transmit any computer code, including (without limitation) any virus, worm, Trojan, time-bomb, logger, spyware, ransomware, or other harmful program or code that is intended, designed, or anticipated to cause harm or disruption to computers or networks, or any unsolicited promotional or advertising materials or “spam”;
Allow or permit access to or use of the App or any component thereof by any third parties; or
In a manner otherwise contrary to the nature and purpose of the App to support health and health behaviors.
You agree to indemnify, defend, and hold harmless Us and Our officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to Your use or misuse of the App or Your breach of this Agreement, including but not limited to the content You submit or make available through this App.
You acknowledge that when You download, install, or use the Application, We may use automatic means (including, for example, cookies and web beacons) to collect information about Your mobile device and about Your use of the App. You also may be required to provide certain information as a condition to downloading, installing, or using the App or certain of its features or functionality, and the App may provide You with opportunities to share Your information with others. All information We collect through or in connection with this App is subject to Our Privacy Policy.
The transmission of information or data over the Internet or any cellular network is not secure and is subject to possible interception, loss or alteration. Therefore, We do not assume any liability for any damages You may experience or costs You may incur as a result of interception, loss or alteration of any of Your information. We take commercially reasonable efforts to protect the privacy of Your information in accordance with Our Privacy Policy. You agree that We shall not be liable if any of Your information is obtained or accessed by unauthorized third parties provided that We are not in breach of these Terms.
The content available on the App is subject to global copyright. The App is also protected by various intellectual property rights. As between You and Us, We or Our licensors hold the copyright and all other intellectual property rights and interests in the App.
We respect the rights of all copyright holders. If You believe Your copyright has been infringed, You may notify Us in writing at:
Scott Benedict, CEO
sbenedict@mb-mm.com
GTG Systems
9101 Wesleyan Road, Suite 100
Indianapolis, IN 46268
800-603-6048
To be effective, Your notice must include substantially the following, as provided for under the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512(c)(3):
Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material;
Information reasonably sufficient to permit Us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
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 owner, its agent, or the law; and
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.
We will terminate, in appropriate circumstances, Users that are repeat infringers.
We reserve the right to modify these Terms at any time. When We do, We will revise the “updated” date at the top of this page. We encourage Users to frequently check this page for any changes. All changes to these Terms will be effective immediately upon posting to the App.
We may from time to time, in Our sole discretion and without notice, develop and provide App updates, which may include changes, upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that We have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. We are not liable to You for any Update to the App.
You agree to promptly download and install all Updates made available by Us and acknowledge that the App or portions thereof may not properly operate should You fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all of these Terms. Based on Your mobile device settings, when Your mobile device is connected to the internet either:
The App will automatically download and install all available Updates; or
You may receive notice of or be prompted to download and install available Updates.
If any of the provisions of these Terms are held to be unenforceable, the remaining provisions will be unimpaired, and the unenforceable provision will be automatically replaced by an enforceable term or provision that comes as close as possible to the intention underlying the unenforceable term or provision. These Terms are the entire agreement between You and Us with respect to Your use of the App, and these Terms do not alter any other agreements You have entered into with Us.
The term of this agreement commences when You download the App and accept these Terms and will continue in effect until terminated by You or Us as provided under these Terms. You may terminate this Agreement by deleting the App and all copies thereof from Your mobile device. Notwithstanding the foregoing, We may terminate Your access to any part or all of the App at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever. We will continue to be bound by the Privacy Policy with respect to Your information.
We have the right to determine whether there has been a violation of these Terms. Violation of these Terms could be harmful to You. To protect Users and the App, if We determine the Terms have maybe have been violated, We have the right to determine the action that will be taken. The action to be taken may include (but not be limited to):
Immediate termination of Your right to use the App. The termination may be temporary or permanent.
Immediate removal of any content input by You to the App.
Issuance of a warning or other communication to You.
Referral to law enforcement agencies for further action, if referral is permitted under applicable laws.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP OR THE CONTENT AND SERVICES FOR (I) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; AND (II) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APP.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
By accessing the App, You agree that all matters relating to Your use of this App shall be governed by the laws of the State of Indiana, and the federal laws of the United States of America without regard to the conflicts of laws principles thereof. If You are located outside the United States of America, You acknowledge and agree that Your data will be stored and processed in the United States, which may have privacy laws that are less protective than the laws of the country in which You are located. By using the App, You consent to the processing of Your data in the United States for the purposes described in these Terms, the Privacy Policy, and any documentation regarding the App, and as permitted by law.
If You have any questions regarding these Terms or the App, please contact Us by any of the following methods:
Email: info@mb-mm.com
Phone: 800-603-6048
Mail: GTG Systems, 9101 Wesleyan Road, Suite 100, Indianapolis, IN, 46268
Website: www.mb-mm.com
