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Website Terms of Use

Last Modified: April 1, 2021

Acceptance of the Terms of Use

These terms of use are entered into by and between You and People Designs, Inc. ("Company," "we," or "us"). The following terms and conditions together with our Privacy Notice ("Terms of Use") govern your access to and use of mymove.health, including any content, functionality, and services offered on or through mymove.health (the "Website").

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use or the Privacy Notice, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page so you are aware of any changes, as they are binding on you.

Accessing the Website

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website. 

We may update the content provided as part of the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material available may be out of date at any given time, and we are under no obligation to update such material.

Using the Website

You may browse the Website and view certain content with or without registering or having a subscription code. 

If you use the Website through an employer organization or other third-party organization with a subscription, you may choose to provide the subscription code or identifier provided by the organization to use and/or access certain information and/or materials.

Use of the Website and any interactive features, with our without a subscription, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.

The Website is for non-commercial use only and any commercial use of the Website or its content is strictly prohibited.

Subscription Accounts

Individuals or organizations may purchase subscriptions for the use of the Website by providing Company with certain information including, name, email address, and password as part of the subscription ("Subscription Account").

The registration and subscription purchase for a Subscription Account will require the completion of certain information applicable to the subscription, including, without limitation, name, organization or individual contact email, and payment information as required by our third-party payment processor. All Subscription Account payment information is subject to the Privacy Notice of the third-party payment processor. Subscription Account owners agree to pay all charges incurred for the subscription at the price(s) in effect when such charges are incurred.

Subscription Accounts are specific to the individual or organization and such individual or organization is responsible for the security of its account information and for the use or misuse of such information by users authorized by the individual or organization. All information provided for Subscription Accounts shall be provided in compliance with all applicable laws, rules and regulations, including, privacy regulations.

We have the right to disable any Subscription Account, at any time in our sole discretion for any violation of these Terms of Use.

Intellectual Property Rights

The Website and all contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Links from the Website

If the Website provides links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites related to the Website, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policies for such websites and third-parties.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Use the Website in a manner that attempts to circumvent or exceed the usage level limitations purchased as part of your subscription.

Account Contributions

"Account Contributions," shall be defined as any information, materials, and/or content provided or uploaded by organizations with Subscription Accounts to be displayed to Subscription Account users.  All Account Contributions shall:

  • be owned or controlled by the individual or organization with the Subscription Account.
  • not contain any defamatory or otherwise unlawful content.
  • comply with these Terms of Use.
  • be full responsibility of the individual or organization with the Subscription Account including the legality, reliability, accuracy, and appropriateness of the Account Contributions.

We are not responsible or liable to you or any third party for the content or accuracy of any Account Contributions posted on the Website.

Termination

We have the right to:

  • Take any action with respect to any Account Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such Account Contribution violates the Terms of Use infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

DMCA

We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints with respect to material posted on the Website, you may contact our Designated Agent at the following address: 1304 Broad Street, Durham, NC 27705 USA or via our email at inquiry@peopledesigns.com.  Any notice alleging that materials hosted by or distributed through the Website infringe intellectual property rights must include the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of the material that you claim is infringing and where it is located on the Service;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Reliance on Information Posted: No Medical Services or Advice

Nothing contained, expressed or implied on the Website is intended as nor shall be construed as medical advice. The information presented on or through the Website is made available solely for information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. Individual inquiries about medical issues, or sensitive or confidential matters should be addressed to appropriate health care professionals.

Geographic Restrictions

The owner of the Website is based in the State of North Carolina in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranty and Liability

USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK. NEITHER COMPANY NOR ITS AFFILIATES ARE RESPONSIBLE FOR THE CONSEQUENCES OF RELIANCE ON ANY INFORMATION CONTAINED IN OR SUBMITTED TO THE WEBSITE, AND THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THESE MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF COMPANY THE PRICE PAID FOR USE OF THE WEBSITE.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, Account Contributions, any use of the Website's content other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use, the Privacy Notice, or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of North Carolina, in each case located in the City of Raleigh and County of Wake. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Entire Agreement

The Terms of Use and our Privacy Notice constitute the sole and entire agreement between you and Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Your Comments and Concerns

This website is operated by People Designs, Inc.  All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: inquiry@peopledesigns.com.

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