TERMS & CONDITIONS

MuseMovement ("we", "our", "us") is providing this website (the “Website”) to inform you about our studio and help you take advantage of our services. We hope to see you and move with you in person soon. These terms and conditions (“Terms”) govern your use of the Website. Our Privacy Policy and other policies mentioned herein form a part of these Terms and also govern your use of the Website. The headings used in these Terms are included for convenience only and will not limit these Terms.

IMPORTANT: BY VISITING AND USING THE WEBSITE AND/OR MAKING A PURCHASE VIA THE WEBSITE, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY THESE TERMS AND ALL RELATED POLICIES. IF YOU DO NOT AGREE WITH THESE TERMS AND THE RELATED POLICIES, YOU MAY NOT USE THE WEBSITE OR MAKE PURCHASES VIA THE WEBSITE, AND SHOULD DISCONTINUE USING THE WEBSITE IMMEDIATELY.

1. DISCLAIMER OF WARRANTIES We endeavour to keep the Website operational, accurate and error-free. However, we are providing the Website on an "as is" and "as available" basis. We do not make any warranties or representations with respect to the Website and its contents, including but not limited to any warranties as to their operation, accuracy, currency, completeness, fitness for a specific purpose, or non-infringement of intellectual property. We disclaim any and all such warranties, express or implied, to the fullest extent permitted by applicable law.

2. LIMITATION OF LIABILITY You agree that you are using the Website and its contents at your own risk. You agree that we, our affiliates, and each of our respective agents, directors, officers, employees, contractors, representatives, executors, administrators, successors and assigns will not be liable to you or others for any costs, losses or damages of any kind, including but not limited to any punitive, incidental, direct, indirect or consequential damages, which may be incurred by you or others arising from or connected to your use of the Website, our provision of the Website, or any change in the content or pricing on the Website.

3. INDEMNIFICATION You and your heirs, next of kin, executors, administrators and assigns shall indemnify and forever hold harmless us, our partners, our affiliates, and each of our respective agents, directors, officers, employees, contractors, representatives, executors, administrators, successors and assigns from and against any and all claims, demands, suits, actions, losses, liabilities, expenses, damages, costs and charges (including legal fees) arising from or connected to your use of the Website or our provision of the Website.

4. INTENDED VISITORS, ACCESS & USE You may only use the Website if you are at least the age of majority in your province of residence or have otherwise obtained consent to use the Website from your parent or guardian who is the age of majority in your province of residence. Provided you meet this eligibility requirement, we are granting you a limited, revocable and non-exclusive right to access and make personal use of the Website. You may publish or transmit a hyperlink to the Website provided that you do not portray our services, the Website or us in a false, misleading or offensive manner. We reserve the right to refuse access and use of the Website to anyone for any reason at any time.

5. INTELLECTUAL PROPERTY OWNERSHIP We exclusively own or licence all trademarks, copyright and other intellectual property in the Website. You shall not copy, reproduce, display, modify, publish, sell or exploit for commercial purposes the text, images, icons, graphics, logos, layout and other content on the Website without our specific permission. Any such misuse of the Website is strictly prohibited. Nothing on the Website or in these Terms shall be construed as granting a license, right or interest in any intellectual property on the Website, whether by implication, estoppel or otherwise. We do not grant any right to copy, modify, reproduce or make commercial or derivative use of the Website or its contents.

6. PROHIBITED USAGE You agree to comply with all applicable laws and regulations in your use of the Website, including applicable local, provincial, federal and international laws. You shall not use or interact with the Website in a way that would give rise to civil liability or that would constitute unlawful conduct under applicable law. You shall not use the Website to transmit, publish or distribute any content that is defamatory, tortious, fraudulent, harassing, abusive, obscene, invasive of another’s privacy or otherwise illegal. Further, you shall not transmit to or via the Website any virus, worm, malware or other technology that will or could be disruptive or harmful to us or any other entity.

7. CONTENT & THIRD-PARTY WEBSITES/TOOLS We may post links to third-party websites/tools and publish information regarding matters of general interest, including but not limited to fitness, health and nutrition. We are providing such links and information without any warranties and for your convenience only. You agree that we are not providing medical or other professional advice and that you will not rely on the Website or its content for such advice. Further, we do not endorse or make representations about third-party websites, content or tools that you may access through the Website. You accept that we are not responsible for such websites or their content, and that you are accessing them at your own risk. We are not liable for any harm, loss or damages related your use of third-party websites/tools or your compliance with a third-party’s terms of use.

8. ELECTRONIC COMMUNICATION When you visit the Website, send us an email or submit information to us via the Website, you are communicating with us electronically. You agree to receive communications from us electronically, including via email and via the Website. You agree that our electronic communications with you satisfy any legal requirement that such communications be in writing.

9. PURCHASES, PRICING & PRODUCTS/SERVICES All purchases that you make on the Website are made via Mindbody Inc., which provides an e-commerce platform for us to sell products and services, and which may utilize third-party service providers to do so. All prices on the Website are in Canadian dollars and subject to HST. We reserve the right to change and discontinue all prices, products and services on the Website at any time without notice to you.

10. PURCHASES SUBJECT TO POLICIES All purchases made via the Website are subject to our “Policies” at the time of purchase, including without limitation our Policies on cancellation, expiration, transfer, holds, fees and no refunds. We adhere to these policies strictly and without exception. We therefore encourage you to consult the Website for our most current Policies before you make a purchase. We are entitled to change and discontinue these Policies any time without notice to you. Please direct any questions about the Policies to info@musemovement.ca.

11. REFUSAL, CANCELLATION & AMENDMENT OF ACCOUNTS/PURCHASES We are entitled to refuse, cancel or amend any purchases made on the Website and/or any accounts created on the Website at our sole discretion, without notice to you, and for any reason including where we believe that you have violated these Terms or our in-studio Policies. We shall not be liable to you or anyone else as a result of any costs, losses or damages that arising from or connected to such a refusal, cancellation or amendment. We may attempt to notify you of such refusals, cancellations and amendments using the contact information you provide at the time of purchase. You shall provide current, complete and accurate contact information with all purchases.

12. NO WAIVER, NO ASSIGNMENT We will not be deemed to waive any rights under these Terms by virtue of our delay or omission in exercising such rights. Further, we will not be considered to waive any such rights unless we have signed a written waiver. You may not assign, delegate, sublicense or otherwise transfer to other persons any rights or obligations under these Terms.

13. MODIFICATION OF WEBSITE, TERMS & POLICIES Any new features or tools that we add to the Website shall be subject to these Terms. We may change, update, replace or discontinue the Website, these Terms and the related policies without notice at any time. Any changes to these Terms and the related policies will be effective immediately upon their posting on the Website. Your use of the Website is subject to the version of the Terms posted on Website at the time of such use. We therefore advise you to review the Terms before using the Website. Your continued use of the Website following a change in the Terms and/or the related policies will constitute knowing acceptance of such change.

14. TERMINATION The agreement in these Terms is effective unless and until terminated by either you or us. You may terminate the agreement at any time by ceasing to use the Website or by notifying us that you no longer wish to use the Website. All obligations and liabilities that you incur prior to the termination date shall survive the termination for all purposes. If in our sole judgment you fail, or we suspect that you have failed, to comply with these Terms, we may terminate the agreement at any time without notice, and you will remain liable for any obligations or liabilities incurred up to and including the date of termination.

15. APPLICABLE LAW, MEDIATION & JURISDICTION The Terms shall be governed exclusively by the laws applicable in the Province of Ontario, without regard to conflicts of laws. Any dispute arising under or in connection with these Terms will become subject at first instance to in-person mediation in Ontario. The mediation will be conducted under the guidance of a mutually agreeable third-party mediator, who will be selected from a roster of professional mediators. You agree that the purpose of such mediation will be the pursuit of resolution through mediation and negotiation before other legal recourse or litigation. Further, you agree that any dispute that cannot be resolved through mediation will become subject to the exclusive jurisdiction of the courts in Ontario.

16. ENTIRE AGREEMENT & SEVERABILITY These Terms and the policies to which they refer constitute the entire agreement between you and us in relation to your use of the Website, and they supersede any other statement or communication made by you or us. If any portion of these Terms is deemed invalid, void, or unenforceable for any reason, that portion shall be deemed severable and shall not affect the validity and enforceability of the remainder of these Terms, which will remain binding upon you.

Effective date: April 2019, Last updated: April 2019