Terms and Conditions
Terms & Conditions
Welcome to Mobility Mentality LLC. This is a legal agreement between you and Mobility Mentality LLC, which may be contacted at [email protected]. By accessing the Mobility Mentality website, currently located at www.mobilitymentality.com, and using any of the services (as defined below) accessible through the site, you become a user and agree to, and are bound by, the terms and conditions of this agreement for as long as you continue to use the site or services. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR THE SERVICES. Your use of, or participation in, certain services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such services.
This agreement is subject to change by Mobility Mentality LLC in its sole discretion at any time, with or without notice. Your continued use of this site or the services after the posting of revisions to this agreement will constitute your acceptance of such revisions.
1. Eligibility
Minimum Age. You must be at least 18 years old to sign up for the services. By using the services, you represent and warrant that you are at least 18 years old.
2. Use of Site and Service
As a user of the site or a user registered to use any of the Services (a “Registered User”), you agree to the following:
2.1. Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Mobility Mentality LLC is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords.
2.2. Risk Assumption and Precautions. YOU HEREBY ACKNOWLEDGE THAT Mobility Mentality LLC MAKES NO WARRANTIES AND DOES NOT GUARANTEE INDIVIDUAL RESULTS. YOU, NOT Mobility Mentality LLC, ARE PERSONALLY RESPONSIBLE FOR THE ACHIEVEMENT OF INDIVIDUAL PERFORMANCE GOALS. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT PHYSICAL EXERCISE IS INHERENTLY DANGEROUS AND CARRIES WITH IT THE POTENTIAL FOR DEATH, AND SERIOUS INJURY. YOU UNDERSTAND AND AGREE THAT YOU ASSUME THE RISK OF PARTICIPATING IN THE TRAINING AND ACTIVITIES RECOMMENDED BY Mobility Mentality LLC, ITS AGENTS, AND REPRESENTATIVES. YOU HAVE NOT BEEN ADVISED AGAINST PARTICIPATION IN A PHYSICAL EXERCISE PROGRAM BY A QUALIFIED HEALTH PROFESSIONAL.
2.3. No False Information. You will not provide inaccurate, misleading, or false information to Mobility Mentality LLC or to any other user. If the information provided to Mobility Mentality LLC subsequently becomes inaccurate, misleading, or false, you will promptly notify Mobility Mentality LLC of such change.
3. Disclaimer of Warranty
No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. Mobility Mentality LLC PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Mobility Mentality LLC DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. Mobility Mentality LLC DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
4. Limitation of Liability and Indemnification
IN NO EVENT WILL Mobility Mentality LLC BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF Mobility Mentality LLC KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN CONSIDERATION OF THIS AGREEMENT, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Mobility Mentality LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND THIRD PARTIES, FOR ANY LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE LAWYERS FEES) RELATING TO OR ARISING OUT OF (1) YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES, INCLUDING CLAIMS OR DAMAGES RESULTING FROM DEATH, PERSONAL INJURY, PARTIAL OR PERMANENT DISABILITY OR PROPERTY DAMAGE, MEDICAL OR ECONOMIC LOSSES; (2) ANY USER POSTINGS MADE BY YOU; (3) YOUR VIOLATION OF ANY TERMS OF THIS AGREEMENT OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY; OR (4) YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS. Mobility Mentality LLC RESERVES THE RIGHT, AT ITS OWN COST, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH Mobility Mentality LLC IN ASSERTING ANY AVAILABLE DEFENSES. THIS AGREEMENT SHALL BE BINDING UPON YOUR HEIRS, ASSIGNEES, SUCCESSORS, AND PERSONAL REPRESENTATIVES. YOU HEREBY FURTHER STATE THAT YOU CURRENTLY SUFFER FROM NO PHYSICAL OR MENTAL CONDITION THAT WOULD IMPAIR YOUR ABILITY TO FULLY PARTICIPATE IN THIS AGREEMENT
5. Complaints
To resolve a complaint regarding the service you should e-mail us at [email protected]
6. Communication and Privacy
We may use your email address to send you messages notifying you of important changes to the services or special offers. Further, we may contact you by telephone if you voluntarily provide us with your telephone number, in order to communicate with you regarding the service. If you do not want to receive such email messages or telephone calls please email us at [email protected]. Your personal information will NOT be shared with any third party organizations.
7. Term and Termination
This agreement will become effective upon your acceptance of the agreement by your use of the site or the services and will remain in effect in perpetuity unless terminated hereunder. Either you or Mobility Mentality LLC may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. Mobility Mentality LLC reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. In the event your access to any of the services is suspended due to the breach of this Agreement, you agree that all fees then paid to Mobility Mentality LLC by you will be nonrefundable and all outstanding or pending payments will immediately be due.
8. Cancellations
Cancellation at any time with no refund. You may cancel your registration or membership to Mobility Mentality LLC at any time during the term of such registration or membership or any renewal period by following the correct procedure deemed fit in conjunction with your payment process. In such a case, your membership will terminate at the end of the membership term for which you have paid, and you will not receive any refund for any unused days of such membership term.
9. Renewals
In order to provide continuous service, Mobility Mentality LLCautomatically renews all paid memberships for services 24 hours before such memberships expire. Such renewals are generally for the same duration as the original membership term. For example, a 1-month membership will renew on a monthly basis, and so on. Mobility Mentality LLC always communicates renewal periods to you upon confirmation of your membership and in the body of any special promotions that have renewal periods of different duration than the original membership term. By entering into this agreement, you acknowledge that your account will be subject to the above-described automatic renewals. In all cases, if you do not wish your account to renew automatically, please follow the directions set out under “Cancellation At Any Time With No Refund” above.
10. Revision Date
This Agreement was last revised on November 02, 2020.