TERMS & CONDITIONS

Version 1.3

Last updated 7/8/2022

Please read these Terms of Service (“Terms“ or “Agreement”), as it is a legally binding agreement between you and Conscious Movements and A Space To Grow (“us”, “we”, “our”, “I”, “A Space To Grow”, or “Conscious Movements”). If you do not agree to these Terms, you must immediately cease using our products and you are not permitted to access our websites.

We provide our services to you subject to these Terms. If you visit or shop at Conscious Movements, A Space To Grow, or any of Conscious Movements’ associated websites, or use any of our services, you accept these Terms.

LIMITS TO USING OUR MATERIALS OR SERVICES.

Some People May Not Enter Into This Agreement:

You may not enter into this Agreement, and must immediately stop using our products and accessing our websites if you meet any of the following criteria:

You are under 15 years of age;
It is illegal for you to access one or more of our websites or use our products in the place where you live or in the place where you are accessing from;
You have provided us with false or misleading information;
You are accessing for a malicious reason; or
You intend to take any action based in whole or part on anything on our websites or in our services, including changing your exercise, lifestyle, or dietary routines, without obtaining the advice and approval of a physician.

You may not use our products and you may not take any action based on the information or opinions on our websites if you meet any of the following criteria:

You are between 15 years of age and the age of majority in the place where you live, and your parent or legal guardian has not reviewed and agreed to these Terms;
You have not sought and received approval from a physician to use our products and to exercise, change your diet, or take other actions discussed on our websites.

Medical Advice and Approval Required: The opinions and/or information presented on this Website are in no way intended as medical advice or as a substitute for medical treatment and as a material condition of this agreement, you agree not to use such opinions or information in this manner. This information should only be used in conjunction with the guidance, care, and approval of your physician. Consult your physician before beginning any diet, nutrition, or fitness plan, including any offered through the Website. Your physician should allow for proper follow-up visits and individualize your diet, nutrition, or fitness plan as appropriate. Nothing stated or presented on the Website is intended to be a substitute for professional medical advice, diagnosis, or treatment. Nothing herein is intended to diagnose, treat, cure or prevent any disease. Always seek the advice of your physician or other qualified health care provider if you have any questions regarding a medical condition, your diet, nutritional supplements, an exercise regimen, or any other matter related to your health and well-being.

Special Medical Conditions: If you are pregnant, a nursing mother, anorexic, bulimic, diabetic, have a heart condition, have osteoporosis, or if your health conditions change in a material way, you agree not to participate in any program discussed on our websites or otherwise promoted or offered by Conscious Movements except on the specific advice of your physician. If you fit into one of these categories and have already joined a program, you agree that you will contact us immediately so that your membership and/or access may be terminated or, at your option, you’ll suspend use until you obtain specific advice and approval of your physician.

PRIVACY.

Please review our Privacy Policy, which also governs your visit to the Website, to understand our privacy practices.

COMMUNICATIONS AND PERMISSION TO CONTACT YOU.

When you visit the Website or fill out any online forms, you are communicating with us electronically. You consent to receive communications (including legal notices) from us electronically. We will communicate with you by email, phone, text messages, mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, satisfy any legal requirement that such communications be in writing.

You specifically grant Conscious Movements, our affiliates or associates, the right to deliver communications to you electronically, including via electronic mail and text message. In addition, Conscious Movements may deliver communications to you by any means set forth in any other Conscious Movements policy or notice published on the Website.

LICENSE AND SITE ACCESS.

Conscious Movements grants you a limited license to access and make personal use of the Website and to show it to your physician. You may not download (other than page caching) any items that are not explicitly available for download. Nor may you modify any our materials (including downloads), or any portion of it, without the express written consent of Conscious Movements. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Conscious Movements. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Conscious Movements without our express written consent. You may not use any meta tags or any other hidden text utilizing Conscious Movements’ product names or trademarks without the express written consent of Conscious Movements. Any unauthorized use terminates the permission or license granted by Conscious Movements. You may not use any Conscious Movements logo or other proprietary graphic or trademark as part of the link without express written permission.

CONTACTING Conscious Movements.

You may contact us by emailing info@consciousmovements.com and one of our customer service representatives will get back to you in the order your message was received.

DISCLAIMERS AND LIMITATION OF LIABILITY.

You expressly agree that use of the Website is at your sole risk. Neither Conscious Movements, nor it’s associated websites, nor its employees or Providers, warrant that the Website will be uninterrupted or error-free; nor do they warrant or make any representation regarding the use of the information provided on the Website or the results that may be obtained from the use of the information provided on the Website, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through the Website. Conscious Movements does not endorse, recommend, or sponsor and is not affiliated with any individuals or entities listed or linked to the Website unless that fact is expressly stated. The listing of any individual or entity does not constitute a medical referral of any kind. Users are advised to exercise their own further informed review, judgment, and evaluation in the selection of any and all medical professionals and health information.

THE WEBSITE IS PROVIDED BY CONSCIOUS MOVEMENTS ON AN “AS IS” AND “AS AVAILABLE” BASIS. CONSCIOUS MOVEMENTS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR INDIVIDUALS INCLUDED OR LISTED ON THE WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CONSCIOUS MOVEMENTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SOMATIC MOVEMENT, MEDITATION, RECIPE SHARES, AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL CONSCIOUS MOVEMENTS OR ITS PROVIDERS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD, RECOMMENDED OR PROVIDED ON THE WEBSITE OR THE USE OF THE INFORMATION OR THE RESULTS OF THE USE OF THE INFORMATION PROVIDED ON THE WEBSITE, EVEN IF CONSCIOUS MOVEMENTS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CONSCIOUS MOVEMENTS’ LIABILITY EXCEED THE PRICE YOU PAID FOR A PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. NO ORAL ADVICE, VIDEO CONTENT, OR WRITTEN INFORMATION GIVEN BY CONSCIOUS MOVEMENTS, PROVIDERS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.

Under no circumstances shall Conscious Movements or any other party involved in creating, producing, or distributing the Website be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Website, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to the Website’s records, programs, or services. User acknowledges that this paragraph shall apply to all content, merchandise, and services available through the Website. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.

INTELLECTUAL PROPERTY RIGHTS

a. Ownership of the Content

The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through Conscious Movements website, any third-party website the

Conscious Movements may use to distribute or host the Programs, and contained in e-mails sent to you by the Conscious Movements, as well as the look and feel of all of the foregoing (“the Content”) is property of the Conscious Movements and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.

b. Conscious Movements’ Limited License to You

If you view, purchase or access any Program or any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-exclusive, non-transferable license for personal, non-commercial use only, limited to you only. This means you may view, download, print, email and use one copy of individual pages of the Program and Content for your own personal purposes or your own business only.

You are granted access to the Program for the life of that Program only. This means you will have access to the Program and Content, provided your account is in good standing, for as long as the Conscious Movements continues to host and provide access to the Program and Content you have purchased.

You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the Program or Content for commercial purposes or in any way that earns you or any third-party money (other than by applying them generally in your own business). By downloading, printing, or otherwise using the Program or Content for personal use you in no way assume any ownership rights of the Content – it is still Conscious Movements property. Any unauthorized use of any materials found in the Program or Content shall constitute infringement.

You must receive our written permission before using any of the Program or Content for your own commercial use or before sharing with others.

All rights not expressly granted in these terms or any express written license, are reserved by us.

c. Unauthorized Use

Your use of any materials found in the Programs or Content other than that expressly authorized in a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Program in the event of your Unauthorized Use, or a minimum of five thousand dollars ($5,000.00), whichever is greater, in addition to any legal or equitable remedies the Conscious Movements may be entitled to pursue. This is not a penalty but an agreed liquidated damage charge for the Unauthorized Use.

You agree that any violation or threatened violation of the Intellectual Property Rights terms in these Terms Of Use would cause irreparable injury to the Conscious Movements that may not be adequately compensated by damages, entitling the Conscious Movements to obtain injunctive relief, without bond, in addition to all legal remedies.

THIRD-PARTY CONTENT.

Conscious Movements expressly reserves its rights under Section 230 of the Communications Decency Act.

The Website contains information, data, software, photographs, graphs, videos, typefaces, graphics, audio, and other material (collectively “Content”). Conscious Movements does not exercise editorial control over third-party Content, and the opinions expressed in third-party Content do not necessarily reflect those of Conscious Movements. Conscious Movements does not guarantee the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose.

LINKS TO OTHER SITES.

The Website may reference or link to third-party sites throughout the World Wide Web. Conscious Movements has no control over these third-party sites or the content within them. Conscious Movements cannot and does not guarantee, represent or warrant that the content contained in these third-party sites is accurate, legal, or inoffensive. Conscious Movements does not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. Conscious Movements does not assume any responsibility or liability for the actions, products, services, and content of all these and any other third parties. If you choose to click through to or use a third-party website, you should carefully review such third-party’s privacy statement and other terms and conditions of use. By using the Website to click on any link to another third-party site, you agree and understand that you may not make any claim against Conscious Movements for any damages or losses, whatsoever, resulting from your use of the Website to obtain information.

INDEMNITY.

You agree to defend, indemnify, and hold Conscious Movements, its affiliates, providers, agents, owners, and employees harmless from and against any claims, actions or demands, liabilities, and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your breach of this Agreement.

THESE TERMS MIGHT CHANGE.

You agree that Conscious Movements may make changes to these Terms at any time. The changes will become effective seven days after they are made unless you send us an email, info@consciousmovements.com, expressly opting out. If you opt-out, you must immediately stop utilizing any Conscious Movements or A Space To Grow’ssites or programs. You agree that you will check this webpage once every seven days. We agree that we will increment the version number every time we change these Terms (at the top of this page) so that you can tell whether there have been changes. Each time you access this Website, you will be deemed to have accepted any such changes as of the effective date, unless you expressly opt-out prior to the effective date.

MISCELLANEOUS TERMS

If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions. These Terms and Conditions are the entire agreement between you and us relating to the subject matter herein. We may assign our rights and obligations under these Terms and Conditions. These Terms and Conditions will inure to the benefit of our successors, assigns, and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms and Conditions, or to exercise any right under the Terms and Conditions, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.

UNSOLICITED IDEA SUBMISSION POLICY

Conscious Movements, and/or any of its employees, do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, suggestions, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Conscious Movements’ products or marketing strategies might seem similar to ideas submitted to Conscious Movements. So, please do not send your unsolicited ideas to Conscious Movements or anyone at Conscious Movements. If, despite our request that you do not send us your ideas, you still send them, then regardless of what your letter, fax, phone call, text or e-mail says, the following terms shall apply to your idea submission: You agree that:

(1) your ideas will automatically become the property of Conscious Movements, without compensation to you,
you hereby assign to Conscious Movements all rights, including moral rights, copyrights, and any other intellectual property rights (to the extent that such an assignment is held invalid, you hereby grant a fully paid exclusive license to Conscious Movements); and
Conscious Movements. can use the ideas for any purpose and in any way, including selling or giving them to others.

Please do send us requests to be a guest instructors. Make sure to include a link to your website, the certifications and skills that you possess, a short explanation as to why you think you would be a good fit with Conscious Movements, and which category or categories you think your teaching would fall in — movement, Feldenkrais Method®, meditation, mindset, nourishing recipes and menus, other (please elaborate). Send your inquiries to info@consciousmovements.com.

PRODUCT AND/OR SERVICE FEEDBACK

Conscious Movements welcomes your feedback regarding many areas of Conscious Movements’ existing business. If you want to send us your feedback, and we hope you do, we simply request that you email us at info@consciousmovements.com. Please provide only specific feedback on Conscious Movements’ existing products or marketing strategies; do not include any ideas that Conscious Movements’ unsolicited idea submission policy will not permit it to accept or consider. It’s just one more way that Conscious Movements can learn how to best satisfy your needs.

FEEDBACK AND INFORMATION

Any feedback you provide at this site shall be deemed to be non-confidential. Conscious Movements shall be free to use such information on an unrestricted basis.