Terms and conditions governing your use of our website and services.
By accessing or using the Elbowsmove website (elbowsmove.world) and our services, you agree to be bound by these Terms of Use. If you do not agree to these terms, please do not use our website or services.
These terms constitute a legally binding agreement between you and Elbowsmove regarding your use of our website and services.
These Terms of Use are entered into between you and:
Elbowsmove
232 Norwood Ave, Providence, RI 02905, United States
Phone: +1 401 781 0099
Email: contactuse@elbowsmove.world
Elbowsmove provides educational consultations and programs focused on productivity habit formation and environmental design. Our services include:
All services are educational and informational in nature and do not constitute professional advice in any regulated field.
To use our website and services, you must:
When using our website and services, you agree to:
All content on this website, including but not limited to text, graphics, logos, images, audio, video, and software, is the property of Elbowsmove or its content suppliers and is protected by copyright, trademark, and other intellectual property laws.
You may not reproduce, distribute, modify, create derivative works from, publicly display, or exploit any content from our website without our prior written consent.
All materials and practices presented on this website are educational and informational in nature, aimed at supporting general well-being. They do not constitute:
Before applying any practice, especially if you have ongoing health concerns, please consult with a qualified healthcare professional.
To the fullest extent permitted by applicable law, Elbowsmove shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
Our total liability for any claims arising from these terms or your use of our services shall not exceed the amount you paid us in the twelve months preceding the claim.
You agree to indemnify, defend, and hold harmless Elbowsmove, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:
Our website may contain links to third-party websites or services. We are not responsible for the content, privacy policies, or practices of any third-party sites. Your use of third-party websites is at your own risk.
We reserve the right to modify these Terms of Use at any time. We will notify users of material changes by updating the "Last updated" date and, where appropriate, providing additional notice. Your continued use of our website after changes constitutes acceptance of the modified terms.
We may terminate or suspend your access to our website and services at any time, without prior notice or liability, for any reason, including breach of these Terms of Use. Upon termination, your right to use our services will immediately cease.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Rhode Island, United States, without regard to its conflict of law provisions. These terms are also subject to applicable United States federal law, including but not limited to the Federal Trade Commission Act, the CAN-SPAM Act, the Children's Online Privacy Protection Act (COPPA), and the California Consumer Privacy Act (CCPA) where applicable. Any disputes arising from these terms shall be resolved in accordance with the Dispute Resolution section below.
Informal Resolution First: Before filing any claim or dispute, you agree to contact us first to attempt to resolve the matter informally. Either party may initiate this process by sending a written notice describing the dispute. We will have 30 days from receipt of the notice to attempt to resolve the dispute.
Binding Arbitration: If informal resolution is unsuccessful, any dispute, controversy, or claim arising out of or relating to these Terms of Use, our services, or your use of our website shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules. The arbitration shall be conducted in English in Providence, Rhode Island, or at another mutually agreed location, or remotely if both parties agree.
Exceptions to Arbitration: Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the jurisdiction of that court. Additionally, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
Arbitration Costs: Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules. If you are unable to pay the filing fee, we will pay it for you if you submit a written request.
YOU AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You expressly waive any right to participate in class actions, collective proceedings, private attorney general actions, or consolidated actions of any kind. If a court or arbitrator determines that this class action waiver is unenforceable for any reason, the arbitration clause shall be deemed void with respect to that dispute, and the dispute may be resolved in a court of competent jurisdiction in Providence, Rhode Island.
By using our website and providing your email address, you consent to receive electronic communications from us, including transactional emails, service updates, and promotional materials. You may opt out of promotional communications at any time by following the unsubscribe link in any email or contacting us directly.
We comply with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act). Our emails will clearly identify the sender, include a valid physical address (232 Norwood Ave, Providence, RI 02905, United States), and provide a clear mechanism to opt out of future emails. We honor opt-out requests within 10 business days.
Nothing in these Terms of Use is intended to limit or waive any rights you may have under consumer protection laws in your jurisdiction that cannot be limited or waived by contract. If any provision of these terms conflicts with applicable consumer protection law, the consumer protection law will govern to the extent of the conflict.
If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect. If a court or arbitrator holds that we cannot enforce a portion of the class action waiver as written, that portion shall be deemed severed, and the remainder of the waiver shall remain enforceable.
These Terms of Use, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Elbowsmove regarding your use of our website and services.
If you have questions about these Terms of Use, please contact
us:
Elbowsmove
232 Norwood Ave, Providence, RI 02905, United States
Phone: +1 401 781 0099
Email: contactuse@elbowsmove.world