Last Updated 4.10.2017

Mission Move End User License Agreement and Terms of Use

"Mission Move, LLC and its affiliates and related companies, including www.missionmove.com, (collectively "Mission Move", "we", "us" or "our"), own, operate and provide the website www.MissionMove.com, our mobile and set-top applications ("Applications"), the web "micro-sites", our pages on Twitter.com, Facebook.com, Google.com, Pintrest.com, and Instagram.com (collectively with the Applications the "Site") and services to you subject to the following End User License Agreement and Terms of Use (the "Terms"). Please read them carefully. These Terms constitute a binding legal agreement between you ("You", "Your" and/or "Yourself") and Mission Move, and contain very important disclosures and information regarding terms that affect your legal rights.

IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THE TERMS SETOUT BELOW IMMEDIATELY STOP ACCESSING OR USING THE SITE AND SERVICES. BY USING THE SITE OR SERVICES, YOU HAVE ACCEPTED AND AGREED TO BE BOUND BY THESE TERMS.

Agreement to Terms

Use of the site, use of Mission Move's applications or registration on the Site constitutes your consent to be bound by these Terms. If you have provided your consent to your child's registration with the Site, you agree to be bound by these Terms with respect to your child's use of the Site.

Privacy Policy

Please refer to our Privacy Policy (www.MissionMove.com/privacy-policy) for information on how we collect, use and disclose information from our users. You acknowledge and agree that Your use of the Site is subject to Our Privacy Policy, that by using the Site You accept and agree to be bound by the Privacy Policy.

Changes to Terms

We may modify the Terms at any time, in our sole discretion. If we do so, we will let you know either by posting the modified Terms on the Site or through other communications. It's important that You review the Terms whenever we modify them because Your continued use of the Site after We have posted modified Terms on the Site, indicates to Us that You accept and agree to be bound by the modified Terms. If You don't accept and agree to be bound by the modified Terms, then You should immediately stop accessing or using the Site and services. Because Our Site is continually evolving We may change or discontinue all or any part of the services, at any time and without notice, at our sole discretion.

Accounts

Mission Move requires You to create an account to use certain parts of the Site. IF YOU ARE UNDER THE AGE OF 13, YOU ARE NOT PERMITTED TO REGISTER AS A USER OR OTHERWISE SUBMIT PERSONAL INFORMATION TO MISSION MOVE WITHOUT PARENTAL CONSENT.

If You create an account, You agree to provide only accurate, complete registration information, and agree to keep that information up-to-date. You shall not impersonate any person or entity or misrepresent Your identity or affiliation with any person or entity, including using another person, company, or school's name, likeness, voice, image(s), or photograph(s). You also agree to promptly notify Mission Move with any information regarding the unauthorized use of Your username, password, other account information, or any other breach of security that You become aware of involving or relating to the Site. You are solely responsible for the use, protection and confidentiality of Your password and account ID, whether or not such use is or was actually or expressly authorized by You. You shall not allow others to use this Site under Your password or account ID.

Individuals or entities whose privilege to access and use the Site has previously been terminated may not register for an Account, nor may they designate a previously terminated individual or entity to use their account on their behalf.

Binding Agreement

Under these Terms, Mission Move offers You the ability to (i) use the Site; (ii) use the Applications; and (iii) provide feedback and/or other material to Mission Move. By accessing, browsing, linking, and/or downloading information from the Site, creating an account, and/or using the Applications, as applicable, You and the entity or organization that You represent are each deemed to have read, understood, and agreed to be bound by each of the terms, conditions, and notices in these Terms.

These Terms constitutes the entire agreement between You and Mission Move with respect to any use of this Site and it supersedes all prior and contemporaneous agreements or arrangements between Mission Move and You in relation to the Site. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records.

If You do not understand or agree to each of the terms, conditions and notices in these Terms, You should not access, browse or otherwise use this Site.

Content Ownership and Rights

For purposes of these Terms, "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, reviews, comments and information or other materials that are posted, generated, provided or otherwise made available through the Site by any Site user or Mission Move.

Mission Move and partners exclusively own all right, title and interest in and to the Site, Applications and Content, including all associated intellectual property rights. You acknowledge that the Site, Applications and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Applications or Content.

You agree not to post any Member Content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to any third party. You also agree not to post any Content that contains software viruses or any form of "spam," including, but not limited to, political complaining, commercial solicitation, and mass mailings. You agree not to impersonate any person or entity or to otherwise mislead as to the origin of Content. Although We do not regularly review Content posted by users, we reserve the right to, but we are not obligated to, remove or edit any user Content.

You represent and warrant that You own or otherwise control all of the rights to the Content that You post, that the Content is accurate, that use of the Content You supply does not violate this policy and will not cause injury to any person or entity and that You will indemnify Mission Move for all claims resulting from Content You supply. Unless stated otherwise, by posting Content or submitting any material You grant Mission Move a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, adapt, publish, create derivative works from, distribute and display Your Content at any place, during any time and by any medium, as well as the right to use the name that You submit in connection with such Member Content. Mission Move does not take any responsibility and or liability for any Content posted on www. MissionMove.com.

Unless expressly requested, Mission Move does not request or accept unsolicited submissions for ideas or other products or services. Because We do not wish to have any future misunderstandings when We develop new projects, whether internally or by third parties, that might seem similar to submitted ideas or materials, please do not make any such unsolicited submissions. If you choose to make unsolicited submission, all unsolicited submissions shall be subject to these Terms and You agree to grant to Mission Move the irrevocable right and license to the submission as if it were any other Content.

Grant of License

So long as You comply with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicenseable license to view and use the Site and download and install a copy or copies of the Applications to devices that you own or control and to use such copy of the Applications only for non-commercial purposes. All rights not granted herein are reserved by Mission Move. Your usage of the Site and Applications are subject at all times to these Terms and the licenses Mission Move grants to You.

The licenses granted to You are conditioned upon Your proper conduct and compliance with these Terms at all times, as judged by Mission Move in its sole discretion and judgment. We reserve the right to suspend or deny, in our sole discretion, Your access to all or any portion of the Site or any Application as further described below.

License Limitations

You licenses granted to You will be revoked (with or without notice) and ineffective if You:

· Use any robot, spider, bot or other automatic device or manual process to monitor or copy any portion of a Site or the Applications without Our prior written permission;

· Copy, reproduce, alter, modify, transfer, lease, loan, sell, create derivative works, or publicly display any Application or content from the Site or a portion of an Application or the Site;

· Take any action that imposes an unreasonable or disproportionately large load on Our infrastructure or interferes with any other user's ability to use or access the Site or any Application;

· Have previously had Your license to the Site and/or Applications revoked by Mission Move;

· Engage in any act that Mission Move deems to be in conflict with the spirt or intent of these Terms, the Site or the Applications, including, but not limited to, circumventing or manipulating these Terms, our game mechanics, or policies;

· Make improper use of Mission Move customer service or other support services, including by submitting false reports or using profane and abusive language in Your communications with any Mission Move employee or representative.

Links to Third Party Websites or Resources

Sometimes the Site and Applications, or communication form Us, may contain links to third-party websites or resources that We do not control, maintain or endorse. In order to access those third-party websites You may be required to leave our Site. We provide these links only as a convenience and, because We do not control those third-party websites or the content contained therein, We are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites, and you expressly acknowledge and agree that We are in no way responsible or liable for any of those third-party websites, including their content, policies, failures, products, services, actions, and/or any damages, losses, failures or problems caused by, or related to or arising from those third parties websites.. You acknowledge sole responsibility for and assume all risk arising from, Your use of any third-party websites or resources.

Termination

Notwithstanding anything to the contrary herein, We, in our sole discretion and for any reason, may terminate Your access to and use of the Site and Applications, at any time and without notice to You. Users may request deletion of their accounts, and parents may request deletion of their children's accounts by emailing Hello@MissionMove.com. When you delete Your account or Your child's account, all of Your information is permanently deleted, and cannot be recovered.

If Your information is terminated, You agree to immediately cease using or accessing the Site and Applications.

Upon any termination, deletion or cancellation of Your Account, all provisions of these Terms which by their nature should survive will survive, even if not specifically marked accordingly, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

Mission Move's right of termination is in addition to any other available legal or equitable remedies for Your breach of these Terms.

Prohibitions

You agree not to do any of the following:

· Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site;

· Interfere with, or attempt to interfere with, the access of any user, host or network including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;

· Collect or store any personally identifiable information from the Site from other users of the Site without their express permission;

· Use any meta tags or other hidden text or metadata utilizing an Mission Move trademark, logo URL or product name without Mission Move's express written consent;

· Use the Site for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;

· Attempt to access or search the Site or download Content from the Site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Mission Move or other generally available third party web browsers;

· Access, tamper with, or use non-public areas of the Site, Mission Move's computer systems, or the technical delivery systems of Mission Move's providers;

· Use, display, mirror or frame the Site, or any individual element within the Site, Mission Move's name, any Mission Move trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Mission Move's express written consent;

· Encourage or enable any other individual to do any of the foregoing.

Although We're not obligated to monitor access to or use of the Site, We have the right to do so for the purpose of operating the Site, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We have the right to investigate violations of these Terms or conduct that affects the Site and Applications.

Modification of Site

Mission Move may, at any time and in its sole discretion, revise, modify, or otherwise change this Site or any Applications, in whole or in part, without notice to You.

Availability and Use of Site

The availability of this Site depends on many factors, including some factors that are beyond Mission Move's control, such as Your connection to the Internet and the Internet backbone. Mission Move shall not be liable to You if You cannot access the Site due to reasons that are beyond Mission Move's control. You may not upload to, or distribute or otherwise publish through, this Site any content, information, or other material that (a) violates or infringes the rights of any persons, including without limitation, rights in copyrights, patents, trademarks, servicemarks, trade secrets, and other proprietary rights; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.

Notice of Infringement

If You believe that Your intellectual property has been used or copied in a way that constitutes copyright or other intellectual-property infringement and such infringement is occurring on this Site or on sites linked to or from this Site, please provide Mission Move's Copyright Agent a notice containing the following:

Inquiries that do not follow this procedure may not receive a response. Upon receiving a claim of infringement, Mission Move may, in its discretion, remove or disable the material claimed to be infringed.

Please be advised that if You materially misrepresent that material is infringing Your intellectual property, You may be liable for damages (including costs and attorneys' fees). If You are not sure whether the material infringes on Your intellectual property, You should consider contacting an attorney before contacting Mission Move.

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Mission Move designates the following as its agent for receipt of notifications of claimed copyright or other intellectual-property infringement:

By mail:

Intellectual Property Claim,
Mission Move LLC

Attn: Copyright Agent
431 Marion Rd #103
Oshkosh, WI 54901
By telephone: 920-475-9437
By email: copyright@MissionMove.com

How to Respond to a Claimed Infringement

If Mission Move removes or disables the material claimed to be infringing, Mission Move will take reasonable steps to notify the owner of the material of the claim, and the owner will then have the option to send Mission Move a counter-notice why the content does not infringe another's intellectual-property rights and requesting reinstatement of the content. The counter-notice must be in writing and include the following information:

If We receive a counter-notice under these provisions, We may send a copy of the counter-notice to the original complaining party informing that person that We may replace the removed material or cease disabling it in 10 business days. Unless the original complaining party files an action seeking a court order against the individual or entity who placed the content, the removed material may be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice, at Mission Move's discretion.

Links to this Site

You may hyperlink to the home page of MissionMove.com from any Acceptable Site (as defined below); provided, however, that You comply with the following conditions:

An Acceptable Site means a web site that displays no objectionable content, including, but not limited to, any content, information in any medium or format, such as text, data, graphics, audio or video, that: (i) is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized; (ii) a reasonable person would consider harassing, abusive, threatening, harmful, profane, obscene, racially, ethnically or otherwise objectionable or offensive in any way; (iii) constitutes a breach of any person's privacy or publicity rights, a misrepresentation of facts, hate speech or an infringement or any third party's intellectual property or proprietary rights of any kind, including without limitation, copyright, patent, trademark, industrial design, trade secret, confidentiality or moral rights; or (iv) violates or encourages others to violate any applicable law.

Warranty Disclaimer

You expressly agree that Your use of the Site is at Your sole risk. THE SITE AND ALL CONTENT AND SERVICES THEREIN ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. THE CONTENT PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. MISSION MOVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN TERMS OF THE SITE'S CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE WITH RESPECT TO YOUR USE OR THE RESULTS OF THE USE OF ANY CONTENT ON THE SITE. MISSION MOVE DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE AND SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS, ERRORS, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS IN THE USE OF THIS SITE. MISSION MOVE DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS INCLUDES LOSS OF DATA OR PROFITARISING OUT OF THE USE OR INABILITY TO USE THE CONTENT OF THE SITE. MISSION MOVE DOES NOT WARRANT THAT DEFECTS IN ANY CONTENT OR INFORMATION ACCESSED THROUGH THE SITE WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES CONTENT OR INFORMATION AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPENENTS.

This section shall survive the termination of these Terms.

Limitation of Liability

IN CONSIDERATION FOR YOUR USE OF AND ACCESS TO THE SITE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT WILL MISSION MOVE, ITS AFFILIATED OR RELATED ENTITIES, ITS CONTENT PROVIDERS, PARENTS, SUBSIDIARIES, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SPONSORS OR SERVICE PROVIDERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE, BE LIABLE TO YOU OR TO ANY THIRD PARTY, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, LOSS OF USE, OR OTHER DAMAGE, INJURY, CLAIM, LIABILITY, OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER ARISING OUT OF, BASED UPON OR RESULTING FROM ANY USE OF THE SITE, INFORMATION PROVIDED ON THE SITE, ANY ACT OR OMISSION PERFORMED BY YOU OR ANY OTHER PERSON IN RELIANCE UPON THE CONTENT OF THE SITE, OR THE INABILITY TO USE THE SITE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF YOU ADVISE MISSION MOVE OR ITS REPRESERNTATIVES OR THE SAME ARE OTHERWISE AWARE OF THE POSSIBILITY OF ANY SUCH CLAIM OR DAMAGE. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages. In those jurisdictions, Mission Move's liability is limited to the greatest extent permitted by law.

You agree to waive any provision in any jurisdiction which materially states: "A general release does not include claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

This section shall survive the termination of these Terms.

Indemnification

By using Mission Move, You agree to indemnify, defend, and hold harmless Mission Move from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys' and other legal fees and costs) arising out of or relating to: (1) Your violation of these terms of use or any law, rule or regulation; (2) a claim that is based on Your use of any content on Mission Move; or (3) any material uploaded by You or through Your user access information to Mission Move or otherwise sent by You to Mission Move. You will cooperate as fully and reasonably as required by Mission Move in the defense of any claim. Mission Move reserves the right to assume the exclusive defense and control of any matter subject to indemnification by You, and You will not in any event settle any claim without the prior written consent of Mission Move.

This section shall survive the termination of these Terms.

Use at Own Risk

YOU HEREBY EXPRESSLY AND IRREVOCABLY AGREE THAT YOUR AND YOUR CHILD'S USE OF THIS SITE IS AT YOUR OWN RISK. UNLESS OTHERWISE SPECIFIED THE SITE AND SERVICES ARE PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE." Exercise Programs of any kind represent an inherent danger to participants. YOU MAY CONSIDER CONSULTING A PHYSICIAN BEFORE USING OR HAVING YOUR CHILD USE THE SITE. YOU ARE SOLELY RESPONSIBLE FOR SUPERVISING YOUR CHILD'S USE OF THE SITE. MISSION MOVE MAKES NO WARRANTIES AND TAKES NO RESPONSIBILITY FOR ANY INJURIES RESULTING FROM YOU OR YOUR CHILD'S USE OF THE SITE.

Relationship of Parties

You acknowledge that no joint venture, partnership, employment, or agency relationship exists between You and Mission Move as a result of these Terms or any use of the Site. You agree not to hold yourself out as a representative, agent, or employee of Mission Move and shall not be liable for any representation, act or omission made by You.

This section shall survive the termination of these Terms.

Assignment

You shall not assign these Terms or any of Your rights and obligations under these Terms. These Terms shall inure to the benefit of Mission Move's successors, assigns and licensees.

Governing Law and Jurisdiction

The Site is operated and provided in the State of Wisconsin, U.S.A. As such, these Terms are governed by and subject to the laws of the State of Wisconsin, U.S.A. without regard to the conflicts of laws principles thereof. You consent to the exclusive jurisdiction and venue of the state and federal courts in Winnebago County, Wisconsin, U.S.A. in all disputes arising out of or relating to the use of the Site, and consent to personal jurisdiction and venue in the state and federal courts in Winnebago County, Wisconsin, with respect to all such disputes. You agree that any legal issues arising from or related to Your use of the Site shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of Wisconsin applicable to contracts entered into and wholly to be performed within Wisconsin. Mission Move makes no representation that the Site is appropriate, lawful or available for use in other jurisdictions or locations. Accordingly, if You choose to use the Site, You agree to do so subject to the internal laws of the State of Wisconsin.

Severability

If any term or provision of these Terms is held to be invalid, illegal or unenforceable for any reason, the remaining portions of these Terms (and any partially enforceable provision) shall not be affected thereby and shall continue to be valid and enforceable to the maximum possible extent and the invalid, illegal or enforceable term or provision will be amended and limited to give effect to the intent of the parties as determined from the face of these Terms, to the extent necessary to validate such term or provision.

Reservation of Rights

Mission Move reserves to itself any and all rights not expressly granted herein.

Waiver; Entire Agreement; Etc.

Mission Move's failure to insist on or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. The Privacy Policy is a binding part of these Terms, and together with these Terms constitutes the entire agreement between Mission Move and You with respect to Your use of this Site. Any cause of action You may have with respect to Your use of this Site or that is the subject of these Terms must be commenced within one (1) year after the claim or cause of action arises.

No Personal Advice

Any informational materials provided on Mission Move, including without limitation the opinions and/or recommendations of any authors and/or moderators, are not intended to substitute for any professional educational, medical, legal, psychiatric, employment or other advice. Without limitation of the Disclaimer paragraphs set forth below, Mission Move makes no representations or warranties regarding, and expressly disclaims any and all liability concerning, any action by any person who is following the information offered or provided within or through Mission Move. If you have concerns or a situation in which you require professional advice, then you should consult with an appropriately qualified professional in the relevant field.