Terms of Use

1. Terms

By accessing this School, you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this School are protected by applicable copyright and trademark law.

2. Use License

1. Permission is granted to temporarily download one copy of any downloadable materials on the School’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
   1. modify or copy the materials;
   2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
   3. attempt to decompile or reverse engineer any software contained on the School’s web site;
   4. remove any copyright or other proprietary notations from the materials; or
   5. transfer the materials to another person or 'mirror' the materials on any other server.
2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on the School’s website are provided 'as is'. The School makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the School does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall the School be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the School’s website, even if the School or an authorized of the School has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on the School’s website may include technical, typographical, or photographic errors. The School does not warrant that any of the materials on its web site are accurate, complete, or current. The School may make changes to the materials contained on its web site at any time without notice. The School does not, however, make any commitment to update the materials.

6. Links

The School has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the School of the site. Use of any such linked website is at the user's own risk.

7. Site Terms of Use Modifications

The School may revise these Terms of Use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms of Use.

8. Governing Law

Any claim relating to the School’s website shall be governed by the laws of the School Owner’s home jurisdiction without regard to its conflict of law provisions.

Terms and Conditions of Program

Sara Basch, Inc (“Company”) owns and operates the Program, Contents and Services (“Services”). By using these Services, you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this program. The materials contained in this class are protected by applicable copyright and trade mark law. By using the Services, you (“Participant”) are agreeing to all of the Terms of Service, as may be updated by us from time to time.

Liability: 

a. Agreement to Participate and Assumption of Risk. Before starting the program, participants should get medical clearance from a physician if they have any medical conditions, diseases, injuries or disabilities. Participant(s) assumes all risk and liability for the results obtained by the use of the Services, including risk of bodily image or damage to personal property. 

b.No Guarantees. This program is intended to increase safety and reduce the risk for falls. However, we make no representations, guarantees or warranties that the content in our program are appropriate for participants or will result in improvement of a medical condition or function. The content in the program is by no means complete or exhaustive and therefore does not apply to all conditions, disorders and health-related issues. Company, including its agents, employees, and/or representatives, do not examine individual participants and prescribe exercises specific to individual conditions. The content in this program is not intended to be “occupational therapy” or medical advice.

c. Waivers, Consents, and Certifications. You understand, acknowledge, and agree that, by accepting this Agreement, you hereby voluntarily give your full informed consent to use and participate in the Program and Services, and accept any and all risks associated therewith (whether known or unknown now or in the future). You also understand, acknowledge, and agree that you have been warned about all of the risks and requirements associated with the Services (whether known or unknown now or in the future), including, without limitation, the fact that use of or participation in a Program may positively or negatively affect or change health and wellness (including, for example only, degrees of risk associated with metabolism, muscular, skeletal, cardio, and/or respiratory systems, degrees of risk associated with mental or emotional health, abnormal blood pressure, excessive sweating, dizziness, rapid heartbeats, fainting, exhaustion, overheating, heart attack, stroke, and even death). 

d. Terms of Service. Company and/or Company’s agent, employee, vendor, or contractor); and (d) you will not use or participate in the Services in any manner that may injure or otherwise affect the safety of participants. Accordingly, you further acknowledge and agree to waive any and all claims against Sara Basch, Inc which relate to any physical or emotional injury or even death which may result from individual use or participation in the Services. If you do not, cannot, or will not provide all of the foregoing informed consents, provide all of the foregoing waivers, or adhere to all of the foregoing representations, warranties, and covenants, then you are prohibited from using and participating in the Services in any manner.

e. Third Parties. This Program and Services may contain links to other websites (the “Linked Sites”), which are not operated by Sara Basch, Inc. Sara Basch, Inc has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

f. Disclaimer About Third Parties and System Delays. You understand and acknowledge that the Programs, and/or the Services may be subject to limitations, delays, and other problems inherent in the use of third-party communication networks and facilities that are outside of Sara Basch Inc’s control. Accordingly, Sara Basch, Inc shall not be responsible for any delays, failures, losses, injuries, liabilities, or damages associated with the Programs and/or the Services which result from any system delays, downtimes, interruptions, or other failures of or problems with the Programs, and/or the Services which are outside of Company’s control (including, without limitation, scheduled maintenance, technical malfunctions, network failure, acts of God).

Intellectual Property: 

a. The intellectual property rights in all Program content and Services made available to you on or through Sara Basch, Inc, Moveot.org and/or third party applications or websites used to access content remain the property of Sara Basch, Inc and are protected by copyright laws and treaties around the world. All such rights are reserved by Sara Basch, Inc You may view and use content solely for your use. You are not permitted to publish, manipulate, distribute, share, or otherwise reproduce, in any format any of the content or copies of the content supplied to you and your facility and which appears on Moveot.org and affiliated websites used for accessing program materials, nor may you use any such content in connection with any business or commercial enterprise. 

Purchases and Payments:

a. Online Payment Processing. You understand and acknowledge that for any Services you register for, subscribe to, or purchase, Sara Basch, Inc will charge you a fee for the provision of those Services (“Transaction Fee(s)”). The amount of each Transaction Fee will be set by Company in its sole discretion and provided to you prior to the time of your registration, scheduling, or purchase of the particular Service. When you intend to purchase any Services, you must immediately pay the applicable Transaction Fee using the applicable payment method; the payment transaction will be facilitated through an invoice or an online payment processing application that is provided by a third-party vendor(s), and accessible through the website. 

b. Payment Obligations. You agree that you are responsible for all amounts that accrue under your account(s) with Company, Company’s third-party payment processing vendor(s), and/or any applicable third-party providers on or through the Service.  You also agree to be responsible for all payments, fines, penalties, and other liabilities incurred by any such person or entity that arises out of or relates to payments that you authorize or accept, without limitation, all fees, penalties, taxes, and duties; and to be responsible for all expenses (including costs and reasonable outside attorney fees) and interest incurred by any such person or entity to collect any overdue amounts.

c. Subscriptions: Monthly subscriptions are paid in advance monthly, on the calendar date which the subscription became activated, for the following month. Payments shall be made via automatic debited payment (credit card, debit card, or automatic checking account draft) or automatic invoicing. In the event of a declined credit card/debit card or payment, the member’s subscription will be immediately suspended, pending the member updating their payment information and/or approving an invoice and their subscription dues paid in full.

f. Cancellations: All payments for individual sessions and subscriptions are final. If you chose to cancel your subscription, you must inform Sara Basch, Inc by written notice, email or mail, at least 7 days prior to cancellation of services. Failure to do so will result in non-refundable payment for the next month subscription service. 

Governing law: 

a. This Terms of Service Agreement shall be governed and construed in accordance with applicable federal law and the substantive laws of California without giving effect to the principles of conflict of laws. Any cause of action by you with respect to the Services, Program, Website or Content must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.

b. Dispute Resolution: You agree that all matters relating to your access or use of the Services, Program, website, content materials, and sites used to host programing, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts of Los Angeles Country California, and waive any objection to such jurisdiction or venue. In the event of any controversy or dispute between Sara Basch, Inc and you arising out of or in connection with your use of the program, services or website, the parties shall attempt, promptly and in good faith to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed 30 days), then either party may submit such controversy dispute to mediation. If the dispute cannot be resolved through mediation then the parties shall be free to pursue and right or remedy available to them under applicable law.

This content provided in the Program and Services is provided “As is” “As Available” with “All Faults” and all warranties, express of implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). 

Access to the program, services and content is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Service is unavailable at any time or for any period. From time to time, we may restrict access to some or all content hosted on moveot.org and affiliated websites (sara-for-seniors.teachable.com).

Content Disclaimer. Our Services, programs, website and content may contain bugs, errors, problems or other limitations. Sara Basch, Inc, including all our affiliates, have no liability whatsoever for your use of our Services. Sara Basch, Inc, cannot guarantee and does not promise any specific results from use of our Services or content. Sara Basch, Inc does not represent or warrant that our content or our services found within are accurate, complete, reliable, current or error-free or that any such items are free from viruses or other harmful components. Therefore you should exercise caution in the use of any such content and industry-recognized software to detect and remove viruses. All responsibility or liability for any damages caused by viruses somehow attributed to our content and services is disclaimed. With our limited the foregoing, you understand and agree that you obtain content through our website or services at your own risk and that you will be solely responsible for your use thereof and any damages to your mobile device of computer system, loss of data or other harm of any kind that may result. 

In no event will Sara Basch or her corporations, employees, contractors, vendors, affiliates or agents be liable to you or any third party person for any indirect, consequential, exemplary, incidental, special or punitive damages arising from your use or misuse of this content/ service whether such damages arise in contract, tort, negligence, equity, statute or by way of any other legal theory regardless of whether such damages could have been foreseen. 

By using this Service, use and/ or purchase of products and services and those available through moveot.org, you are agreeing to all of the Terms of Service. 

To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.

By using this program, you agree to the terms and conditions of the Service.