Website Terms and Conditions for MoveWells LLC

Last Updated: October 17, 2024

Part I: General Website Terms and Conditions

The terms in this Part I apply to all users and visitors of the website move-wells.com.

1. Agreement to Terms

Welcome to move-wells.com (the "Website"), owned and operated by MoveWells LLC ("we," "us," or "our"). These Terms and Conditions govern your access to and use of the Website and all content, information, and materials provided on it (the "Content").

Please read these terms carefully. By accessing or using our Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with these terms, you must immediately cease using this Website.

2. IMPORTANT: No Medical Advice Disclaimer

This is the most important section of this agreement. Please read it carefully.

All Content provided on this Website, including but not limited to text, graphics, images, videos, blog posts, and other materials, is for informational and educational purposes only.

The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. It does not constitute the practice of physical therapy, medicine, dietetics, or any other licensed healthcare service.

Always seek the advice of your physician or another qualified healthcare provider with any questions you may have regarding a medical condition, especially concerning migraines. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website. Reliance on any information provided by this Website is solely at your own risk.

If you think you may have a medical emergency, call your doctor or 911 immediately.

3. No Professional-Client Relationship Established

Your use of this Website does not create a patient-therapist, coach-client, or any other professional or confidential relationship between you and MoveWells LLC or its representatives.

Accessing the Content, reading materials, submitting a contact form, or sending an email does not establish a professional relationship. A formal, contractual relationship is only formed after you have signed a separate client agreement for specific paid coaching services, which is governed by its own distinct terms and conditions as outlined in Part II of this document. Participation in any free programs is governed by the terms in Part III.

4. User Eligibility

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.

5. Intellectual Property Rights

All Content included on the Website, unless uploaded by users, is the property of MoveWells LLC, our affiliates, or other relevant third parties. This Content is protected by copyright, trademark, and other intellectual property laws.

You may, for your own personal, non-commercial use only, retrieve, display, and view the Content on a screen. You may not otherwise reproduce, modify, copy, distribute, or use for commercial purposes any Content without the express written permission of MoveWells LLC.

6. Acceptable Use and Prohibited Conduct

You agree to use the Website only for lawful purposes. You may not use the Website:

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

In any way that is harmful, unlawful, illegal, abusive, harassing, or threatening.

To transmit or store electronic copies of Content protected by copyright without the permission of the owner.

7. Limitation of Liability and Assumption of Risk

The Website and its Content are provided "as is" and on an "as available" basis without any warranties, express or implied. You agree that your use of the Website and reliance on its Content is entirely at your own risk. You voluntarily assume all risks associated with using the information provided.

To the maximum extent permitted by law, MoveWells LLC and its employees, agents, and representatives disclaim all liability for any loss, injury, claim, liability, or damage of any kind resulting from your use of the Website or the Content. This includes, but is not limited to, any direct, indirect, incidental, consequential, or special damages.

8. Third-Party Websites

This Website may contain links to other websites. These links are provided for your convenience only. We do not endorse and are not responsible for the content, accuracy, or opinions expressed on such websites. If you decide to access linked third-party websites, you do so at your own risk.

9. Privacy Policy

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms and Conditions by this reference. Please review our Privacy Policy to understand our practices regarding the collection and use of your personal information.

10. Governing Law

This Agreement shall be governed by and interpreted according to the laws of the State of North Carolina, without regard to its conflict of law provisions. Any dispute arising under this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in Raleigh, North Carolina.

11. Severability

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.

12. Changes to These Terms

We reserve the right to modify these Terms and Conditions at any time. We will post the revised terms on the Website and update the "Last Updated" date. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms and Conditions.

Part II: Terms of Service for Paid Coaching Clients

The following terms apply only to users who have entered into a formal, paid Service Agreement ("Clients") with MoveWells LLC for coaching or consulting services. These terms supplement, and are incorporated into, your individual Service Agreement.

13. Service Description and Medical Disclaimer

Nature of Services: MoveWells LLC provides health coaching, wellness consulting, and fitness programming. These services are for informational and educational purposes only and are not a substitute for medical advice, physical therapy, or other licensed healthcare services. We do not diagnose, treat, or manage medical conditions.

Distinction from Physical Therapy: Although MoveWells LLC is operated by a licensed Doctor of Physical Therapy, the coaching services provided are distinct from and do not constitute physical therapy. Should it become evident that a Client requires physical therapy, the coaching relationship must be formally terminated. A separate provider-patient relationship for physical therapy may then be initiated, subject to state licensing laws and a new, distinct physical therapy service contract will be implemented. 

Emergency Disclaimer: Our services are not for medical emergencies. In the event of a medical emergency, injury, or acute health concern, contact your doctor or 911 immediately.

14. Client Responsibilities

Accurate Information: You are responsible for providing complete and accurate information about your health, medical history, and physical condition. Any personal plan is prepared based on the information you provide.

Medical Consultation: We strongly recommend you consult with a physician or other qualified healthcare provider before beginning any new diet or exercise program, especially if you have pre-existing medical conditions.

Assumption of Risk: You acknowledge that participation in any exercise or other basic health related program carries inherent risks, including the possibility of physical injury. By participating, you voluntarily assume all risks and release MoveWells LLC from any liability for injury, loss, or damages incurred as a result.

15. Payments, Cancellations, and Refunds

Payments: Subscription fees are paid in advance via Stripe, as detailed in your Service Agreement. We reserve the right to increase subscription fees with at least one month's prior notice.

Cancellation Policy: To avoid being charged for the next billing cycle, you must cancel your subscription via email at least 15 days before your next scheduled payment date. Cancellations made within the 15-day period prior to your payment date will not be effective until the following billing cycle, and you will be responsible for that payment. Upon cancellation, you will retain access to the service until the end of your final paid period.

Refund Policy: We do not offer refunds for our custom-made subscription services. You may cancel future subscriptions at any time according to the policy above.

16. Intellectual Property and Content Usage

Our Content: All materials provided to you as part of the service, including personal plans, text, images, and videos ("Program Materials"), are the property of MoveWells LLC and are protected by copyright. Program Materials are for your personal, non-commercial use only and may not be shared, reproduced, or distributed without our express written permission.

Your Content: By providing any content to us for promotional purposes (such as testimonials or "before and after" photographs), you grant us a worldwide, royalty-free, perpetual license to use, copy, and display such content in our marketing materials. MoveWells LLC complies with FTC guidelines regarding testimonials.

17. No Guarantees

Results from our programs are influenced by individual factors such as genetics, health conditions, effort, and consistency. Accordingly, we do not guarantee specific outcomes or results. All testimonials are from real clients but are not indicative of the results every individual will achieve.

18. Limitation of Liability and Indemnification

To the maximum extent permitted by law, MoveWells LLC accepts no liability for any business losses or any special, indirect, or consequential loss or damage. You agree to indemnify and hold harmless MoveWells LLC and its representatives from any claims or liabilities arising from inaccurate information you provide or from your failure to seek appropriate medical advice.

19. Termination of Services

We reserve the right to terminate your services and Service Agreement with immediate effect if you breach these terms or if your conduct is deemed harmful or inappropriate. In the event of termination, you remain responsible for any payments that accrued prior to termination.

Part III: Terms for Free Programs and Services

The following terms apply to all users who participate in any free service, program, challenge, or download ("Free Programs") offered by MoveWells LLC. By participating, you agree to these terms.

20. Nature of Free Programs and Medical Disclaimer

For Educational Purposes Only: All Free Programs are provided for informational and educational purposes only. They are not a substitute for professional medical advice or a comprehensive, paid coaching program.

No Medical Advice: The content within Free Programs does not constitute medical advice, diagnosis, or treatment. You must consult with a qualified healthcare provider for any health concerns.

No Professional Relationship: Your participation in a Free Program does not establish a coach-client or any other professional relationship between you and MoveWells LLC.

21. Participant Responsibilities

Medical Consultation: Before participating in any Free Program that includes diet or exercise recommendations, you must consult with your physician or other qualified healthcare provider to determine if it is appropriate for you.

Assumption of Risk: You understand that any exercise activity or dietary changes carry inherent risks. By participating, you voluntarily and freely assume all risks of injury, loss, or damage, and you release MoveWells LLC from any and all liability.

22. No Guarantees

MoveWells LLC makes no warranties or guarantees of any kind regarding the potential outcomes or results of participating in its Free Programs. Any testimonials or examples shared are not indicative of the results every individual will achieve.

23. Intellectual Property

All materials provided to you as part of any Free Program are the property of MoveWells LLC and are protected by copyright. These materials are for your personal, non-commercial use only and may not be shared, sold, reproduced, or distributed without our express written permission.

24. Limitation of Liability

To the maximum extent permitted by law, MoveWells LLC disclaims all liability for any loss, injury, or damage of any kind resulting from your participation in our Free Programs.

25. Right to Modify or Terminate

We reserve the right to modify, suspend, or terminate any Free Program at any time, for any reason, and without prior notice or liability.