Welcome to Onthemuv®, Inc.’s website!
This Agreement governs your use of Onthemuv®, Inc.’s (“OTM”) website and provides information about OTM’s services and your rights and responsibilities.
(“OTM”) provides website features and products to You when You visit or shop at OTM.com (the “Website”) and use OTM products, (collectively, “OTM Services”). OTM provides the OTM Services subject to this Agreement between You and OntheMUV Inc. (“OTM” or “We”, “Us”, or “Our”).
By viewing, accessing or using Our Website, You agree to the terms of this Agreement. THIS IS A BINDING CONTRACT that We first posted on August 20, 2020 and last updated on December 15, 2020.
This Agreement contains the complete and entire understanding and agreement and supersedes any previous communications, representations, or verbal or oral agreements related to Your use of OTM Services. Sometimes additional terms apply to certain OTM Services, in which case You also will be subject to the guidelines, terms and agreements applicable to that OTM Service. If this Agreement is inconsistent with the terms for a particular Service, the terms for that Service will control. OTM may modify this Agreement or additional terms any time in its discretion by posting changes here. These modifications are effective when We post them. You agree no other notice is required. You agree to regularly check the Website for updates to this Agreement. Your continued use of the Services following any changes to this Agreement constitutes Your acceptance of the changes. IF AT ANY TIME YOU DO NOT AGREE TO OUR OTM.COM USER AGREEMENT OR INCORPORATED POLICIES OR TO OTHER TERMS OF PRODUCT ON OUR WEBSITE, YOU MUST IMMEDIATELY CEASE USING OUR WEBSITE.
In order for You to “use” Our Website, We give You certain limited rights. We grant You a limited, revocable, nonexclusive, nontransferable license to access the Website to make personal and non-commercial use of the Services. The content of Our Website is protected by copyright, trademark, and other laws of the United States. Nothing in this Agreement gives You a right to use the OTM name or any of the OTM trademarks, logos, domain names, or other distinctive brand features. If You are not willing to be bound by the terms of this license Agreement, You are not permitted to use or access the Services.
Except as authorized in this Agreement, no copies of the Website or any part of it may be made by or for You. You agree that You will not alter, publish, copy, cut, modify or transform the content, or any component of the content of this website, in any form to any storage medium, known or unknown, for any purpose whatsoever, except as authorized. You agree not to make any commercial use of OTM Services or content without express written consent from OTM, including collection and use of product or product information, descriptions, or prices, not to create any derivative use of OTM Services or its content, not to download or copy customer information for the benefit of another merchant, and not to use robots, data mining, or similar data extraction or gathering tools. You agree not use any meta tags or any other “hidden text” including OTM’s, copyrights, names or trademarks without the express written consent of OTM. You agree not misuse the Services and only to use the Services as permitted by law. All rights not expressly granted to You are reserved and retained by OTM or its licensors or other content providers.
The license granted in this Agreement terminates automatically if You fail to comply with any term of this Agreement or the additional terms of any Service. OTM may deny You access or terminate this license if We reasonably believe that You are not abiding by the terms of this Agreement, or for any other reason in Our sole discretion. You may be legally responsible for trademark or copyright infringement if You fail to abide by the terms of this license.
You acknowledge and agree that the content is Our property, protected under copyright and trademark laws. You agree that all right, title, and interest in and to the Services and content, including associated intellectual property rights, are and shall remain with OTM. You agree not to take any action inconsistent with Our rights and not to challenge them.
Communication from You
You may submit suggestions, ideas, comments, questions, information, reviews, photos and other content or communications to Us in connection with or separate from Your access to Our Website. In some cases, You may also add or provide content. In all cases, You agree not to provide or submit anything or use Our website for any action, that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead anyone in Your use of Our Website. You agree that We alone have discretion to determine what is objectionable.
If You do submit anything to Us or post any content, You grant Us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable and transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display whatever You sent Us throughout the universe, perpetually, in any media, and without any obligation to compensate you in any form. You also grant Us and Our sublicensees or assigns the right to use Your name in connection with the content, at Our (or their) option. You represent and warrant that You own or otherwise control all of the rights to what You submit or post, that it is accurate, that it and its use does not violate this Agreement and will not cause injury to any other person or entity, and that You will indemnify Us for all claims resulting from Your supplying us that material. OTM takes no responsibility and assumes no liability for any content resulting from Your submission or posts or those of any third party.
No Warranty – Limitation of Liability
The content of Our Website is provided on an “as is” and “as available” basis without any warranties, express or implied. By accessing the content of Our Website, You agree to release OTM and its affiliates and their owners, directors, successors, employees, assigns, licensees, and legal representatives from all claims, damages, costs and expenses of every kind (including reasonable attorneys’ fees) (“Claims”) that directly or indirectly result from Your use of the Services or the content of Our Website. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Services AND OUR WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE TO RELEASE AND WAIVE ANY CLAIMS AGAINST OTM AND THAT OTM WILL NOT BE LIABLE FOR ANY CLAIMS, DAMAGES, COSTS, OR EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) OF ANY KIND ARISING FROM YOUR USE OF ANY of the Services OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OTM SERVICES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. Certain state laws do not allow limitations on warranties or exclusion or limitation of certain damages. If these laws apply to You, some or all of the above disclaimers, waivers, releases, exclusions, or limitations may not apply to You.
You release and hold harmless OTM and its affiliates and their owners, directors, successors, employees, assigns, licensees, and legal representatives from any liability concerning any accident, injury, illness, death, loss, damage to person or property, or other consequences suffered by You arising or resulting directly or indirectly from Your use of the Services, Your purchase and use of OTM products, Your participation in instructional videos or classes, and Your use of the License under this Agreement. You acknowledge and agree that OTM workouts are physically demanding and may not be appropriate for everyone. You acknowledge and agree that the Services simply include general educational information and are not a substitute for medical or healthcare advice. You should seek the advice of a physician or other qualified healthcare professional if You experience any condition (medical or otherwise) in connection with the Services, products or classes or that may cause injury or health issues, and generally before beginning this or any other exercise regimen. We assume no responsibility for any consequence relating directly or indirectly to any act or omission a trainer or other third party may take based on the Services, products, or classes, or the information, products, or other content provided on Our Website or elsewhere.
No Guarantee of Correctness – No Professional Advice
The content has been prepared and/or obtained for general information and entertainment purposes only and is not intended to provide legal, medical, tax, or professional advice. You acknowledge that OTM and its affiliates and their owners, directors, successors, employees, assigns, licensees, and legal representatives do not promise or guarantee that the content is correct, complete, or up-to-date.
Third Party Links/Intellectual Property
The content or Our Website may link to other locations through the Internet. There may also be third party intellectual property on Our Website. We do not endorse, guarantee or warranty, express or implied, the content and information available at another site or as a result of Our permitted use of third party rights. Nor do We monitor any linked websites or evaluate the propriety or correctness of any information available at a linked site. You agree that We do not have any liability for anything on someone else’s website or through Our permitted use of third-party intellectual property rights.
You warrant and represent that Your performance under this Agreement and use of the Services will comply with all applicable laws, rules, regulations, and that Your use does not and will not conflict with any other obligations to third parties that You have or undertake. If You violate this promise to Us, You agree to indemnify and hold harmless OTM and its affiliates and their owners, directors, successors, employees, assigns, licensees, and legal representatives from any claims, damages, or expenses (including reasonable attorneys’ fees) that result from the conflict.
You agree to hold harmless, indemnify, and defend OTM and its affiliates and their owners, directors, successors, employees, assigns, licensees, and legal representatives for any and all claims, damages, costs, or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from (a) Your breach of this Agreement, (b) Your activities related to Our Website or Your related activities, and (c) anything You submit to us or post on Our Website. You acknowledge and agree that We may investigate violations of this Agreement (including gathering information in response to complaints by or about You) and authorize Us to cooperate with law enforcement, system administrators, third party product providers, or other third parties to investigate violations or enforce this Agreement. You agree to waive and release OTM or anyone acting for it from any claims that result from the investigation or enforcement of this Agreement.
Disputes; Applicable Law; Notices
Any dispute or claim relating in any way to Your use of any OTM Product, access to the content on Our Website, or concerning any products or products sold or distributed by OTM or through OTM.com will be resolved by binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law, and the laws of the State of California without regard to conflicts of laws principles, apply to this Agreement. You agree that the arbitration will be conducted in Los Angeles County, California.
To begin an arbitration proceeding, You must send a letter requesting arbitration and describing Your claim to the attention of “Legal” at the address in this Agreement. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (if applicable). The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. AAA rules govern payment of all filing, administration and arbitrator fees. You agree to pay at least half of the arbitration costs no matter what.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, We each waive any right to a jury trial. We also both agree that You or We may bring suit in court to enjoin infringement or other misuse of intellectual property rights. YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND TO ANY DEFENSE BASED ON PERSONAL JURISDICTION, VENUE OR AN INCONVENIENT FORUM, TO SERVE AS A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO BE A MEMBER OF A CLASS, IN ANY ACTION INVOLVING ANY DISPUTE WITH US.
Whenever You give us any notice, it must be in writing to the attention of “Legal” at Our address in this Agreement, with an electronic copy to email@example.com. We must actually receive Your notice and You must have tracking information to prove We did. Whenever we give You any notice, we may email You or send You notice at any address where You are or may be found or that You provide Us when You use Our Website. Our notice is effective upon emailing (absent undeliverable return message), seven (7) days after mailing in the same country, and fourteen (14) days after mailing internationally.
PO Box 3474 Los Altos, CA. 94024 Phone: 310-873-3133
We respect the intellectual property of others. If You believe We may have content that infringes Your copyright, please follow these procedures. Please submit Your complaint by emailing Us at firstname.lastname@example.org or writing Us at the address contained in this Agreement, attention “Legal”. Please include the following information:
- A signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that You believe has been infringed upon;
- A description of where the material that You believe is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
OTM welcomes comments, questions, concerns, or suggestions. You can contact us or get support by completing the Contact Us form on our website or emailing us at email@example.com.
The company responsible for the Services is Onthemuv®, Inc. who’s mailing address is: PO Box 3474 Los Altos, California 94024. You may contact Us by phone at (310) 873-3133.