Terms and Conditions, Privacy Policy

TERMS OF USE

Please read these Terms of Use carefully before using the Vimocity website.  If you have any questions about the Terms of Use, please contact us at 206-400-6634.  We encourage you to review these Terms of Use carefully and regularly as you use the Vimocity website.  This is a legally binding agreement – by using the Vimocity site, or even just browsing it, you’re agreeing to the Terms.  If you don’t agree with the Terms, you are not authorized to use this website.  Vimocity reserves the right, at any time, to modify, alter, or update the website, policies and these Terms of Use.

As used in these Terms of Use, the terms “Vimocity,” “we”, “our”, and “us” mean Vimocity LLC and its assigns, and the terms “Terms of Use” and “Terms” mean this document, including the Privacy Policy.  

No Medical Advice or Personal Health Information

The materials on the Vimocity website are intended to provide you with access to useful health and educational information, exercise and fitness related instruction, and interactive health-related tracking resources.  All materials, including texts, graphics, images, audio and video, available on the Vimocity website are for informational and instructional purposes only and are not a substitute for professional medical advice, diagnosis, and/or treatment.  The information presented on the website, including as a result of your individual Functional Movement Screen (“FMS”) test score, is individualized in response to the information provided by you and your FMS test score, but it is not personalized health information, medical advice, or professional guidance for any personal health condition you may have.  The materials available on the website are intended to be helpful and educational, but none of the materials was or will be developed for you personally.  

The information and instructions available on the Vimocity website are intended for and should exclusively be used by individuals who do not exhibit any signs or symptoms of a health condition, injury or illness.  The exercise and fitness instructions included in these materials are preventive, and intended to help you attain enhanced wellness and prevention of injury and illness.  If you have, or suspect you may have a health condition, you should consult your health care provider for specific medical advice.  You should not disregard any advice or treatment from your health professional based on your interpretation of what you may read or see on this website.  If you want or need information related to your personal health condition, please contact your health care provider.  

Nothing on this website or available through this website is intended to be, and cannot be taken to be, the practice of medicine or any other healthcare profession for which a license, certification, or other credential is required.  Your access to or use of the website does not in any way create a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on the part of Vimocity.  

Site Contents

Unless otherwise noted, the design of the Vimocity website, the website as a whole, and all materials that are part of the website (collectively, “Contents”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by Vimocity or its affiliates.  Any use of the Contents without Vimocity’s express written consent is strictly prohibited.  

The Contents are intended solely for your personal, noncommercial use, and you may copy the Contents displayed on the website for your personal, noncommercial use only.  No right, title, or interest in any Contents is granted or transferred to you as a result of such copying.  Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents of the Vimocity website.  Unauthorized use of the Contents is expressly prohibited by law, and may result in severe civil and criminal penalties.  

Assumption of Risk

YOU ARE AWARE THAT PARTICIPATION IN EXERCISE AND/OR FITNESS ACTIVITIES MAY CREATE A SERIOUS RISK OF INJURY AND YOU KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF OTHERS.  YOU AGREE TO ASSUME THE FULL RISK OF ANY BODILY INJURY, PERSONAL INJURY, ILLNESS, DEATH, OR PROPERTY DAMAGE THAT MAY RESULT FROM YOUR PARTICIPATION IN ANY MANNER, IN ACTIVITIES COORDINATED, SPONSORED, OR RECOMMENDED BY THE MATERIALS ON THIS WEBSITE.  

Medical Evaluation Recommended

Vimocity makes no evaluation or recommendation whether you are sufficiently fit for any exercise activities, including the exercise and/or fitness activities recommended in response to your individual FMS test score.  Before engaging in any exercise or fitness activities, including those that may be described and/or made accessible through the Vimocity website, you should consult with a qualified health care provider.  Vimocity, its staff, and the content-providers are not licensed or otherwise credentialed medical care providers, are not rendering personal medical advice or treatment, and have no expertise in advising on, diagnosing, examining, or treating personal health conditions of any kind, or in determining the effect of any specific exercise or activity on a personal health condition.  

Prohibited Activities

The Vimocity website is provided for your educational and informational use.  In order to keep these services working efficiently and appropriately, you are prohibited from using the website in such a manner as to damage, destruct, impair in any way, disable, overburden, or introduce computer viruses to the website; attempting to access restricted areas of the website through any means; or interfering with the use of the website by a third party.  

Denial of Access

These Terms of Use constitute an agreement that is effective unless and until terminated by Vimocity.  If in Vimocity’s sole discretion you fail to comply with any term or provision of this agreement, Vimocity may deny you access to its website.  In the event of denial of access by Vimocity, you are no longer authorized to use the website, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall continue in force.  These Terms of Use constitute the entire agreement between you and Vimocity relating to the subject matter addressed herein.  

By using the Vimocity website, you represent and warrant that you are 13 years of age or older.  Your account may be terminated without warning if we believe that you are less than 13 years of age.  

Voluntary Disclosure Disclaimer

You are strongly advised not to share any of your personally identifiable information or personal health information in any of your interactions that are made publicly available on this website, such as in the comments section of our blog posts.  Please note that if you voluntarily make personal information publicly available online, that information can be collected and viewed by visitors to Vimocity’s website.  There is no assurance of privacy with respect to information you post in such forums.  Disclosure of information is at your own risk.   

User Created Content

The Vimocity website may permit, in certain areas, the submission of content by users of the website (“User Content”), and the sharing or publishing of such User Content.  You are solely responsible for any User Content you submit, and you affirm, represent and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content and to enable inclusion and use of the User Content in the manner contemplated by these Terms of Use.  

Jurisdiction and Governing Law

The Vimocity website originates and is intended for use in the United States.  Vimocity does not claim that any information or material on the website is appropriate for or may be used outside the United States.  Access to information or materials may not be legal by certain persons or in certain countries.  If you access the site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The disclaimers, terms, and conditions of use in these Terms of Use are governed by the laws of the State of Washington.  By using this website, you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington in all disputes arising out of or relating to the use of this website.  If any portion of these Terms of use is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.  Vimocity’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.  

Indemnity

You agree to defend, indemnify, and hold us harmless from and against any claims, actions or demands, including without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms of Use or your uploading of, access to, or use or misuse of the website content or services.  We will provide notice to you of any such claim, suit, or proceeding and will assist you, at your expense, in defending any such claim, suit or proceeding.  We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section.  In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.  

Disclaimer of Warranties

The use of this website is solely at your own risk.  While Vimocity seeks to provide useful, high quality information through the website, Vimocity cannot guarantee that any information is accurate, complete, current, error-free, or free of viruses, worms, or other malicious software.  ALL OF THE INFORMATION AND RELATED GRAPHICS ON THE VIMOCITY WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  

VIMOCITY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THIS WEBSITE WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  VIMOCITY EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACTIONS OF ANY OTHER USERS OF THIS WEBSITE.  SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  

VIMOCITY MAKES NO WARRANTY THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE, OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE WILL BE ACCURATE OR RELIABLE.  YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE IS TO CEASE TO USE THIS WEBSITE.  YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE.  

Limitation of Liability

TO THE GREATEST EXTENT PERMITTED BY LAW, VIMOCITY’S LIABILITY TO ANY PERSON FOR ANY CLAIMS, LOSSES, DAMAGES, HARM, OR COSTS ARISING FROM OR PERTAINING TO THE USE, OPERATION OR FUNCTIONING OF THE VIMOCITY WEBSITE, WHETHER ARISING FROM OR PERTAINING TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR ANY OTHER LEGAL THEORY, SHALL BE LIMITED TO THE PERSON’S DIRECT MONETARY DAMAGES AND SHALL NOT INCLUDE ANY INDIRECT, SPECIAL, INCIDENTAL, NON-ECONOMIC, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES RELATED TO DELAYS, LOSS OF DATA, INTERRUPTION OF SERVICE, LOSS OF PRIVACY, REPUTATIONAL OR PHYSICAL HARM), EVEN IF VIMOCITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

Reporting Copyright Violations

Pursuant to the Digital Millennium Copyright Act (“DMCA”) of 1998, 17 U.S.C. § 512(c)(2), Vimocity has a DMCA Registered Agent for notice of alleged DMCA copyright infringement.  You may contact the Vimocity DMCA Registered Agent here.  Vimocity will not be a party to any disputes or lawsuits regarding alleged copyright infringement.  

PRIVACY POLICY

Vimocity is committed to honoring the privacy of individuals who use the Vimocity website.  This Privacy Policy sets forth our policies with respect to information, including personally identifiable data (“Personal Data”) and other information that is collected from you when using the Vimocity website.  The provisions of the Vimocity website Terms of Use apply to and are incorporated in this Privacy Policy by reference.  

Information We Collect

When you interact with the website, we may collect Personal Data and other information from you, as further described below:

Personal Data That You Provide Through the Website.  We collect Personal Data from you when you voluntarily choose to provide such information (such as when you log in your weekly activity data).  By voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy.  If you provide Personal Data through the Vimocity website, you acknowledge and agree that such Personal Data may be transferred from your current location to our offices and servers.  

Non-Identifiable Data.  When you use the website, we may receive certain personally non-identifiable information about your use of the website.  Such information, which may be collected passively using various technologies, cannot presently be used to specifically identify you.  We may use such information and pool it with other information to track, for example, the total number of visitors to the Vimocity website, the number of visitors to each page of the website, and the domain names of our visitors’ Internet service providers.  We may convert Personal Data to non-identifiable data, and we may provide non-identifiable data about our customers’ sales, traffic patterns, and related site information to third party advertisers. It is important to note that no Personal Data is available or used in this process.

In providing the Vimocity website, we may use cookies.  A cookie is a piece of information that the computer or computers that host our website give to your browser when you access the site.  Our cookies help provide additional functionality to the Vimocity website and help us analyze usage of the site more accurately.  

Aggregated Personal Data.  In an ongoing effort to better understand and serve the users of the Vimocity website, we may conduct research on our end user’s demographics, interests and behavior based on the Personal Data and other information provided to us.  This research may be complied and analyzed on an aggregate basis, and we may share this aggregated data with our affiliates, agents, and business partners.  This aggregate information does not identify you personally.  We also may disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.  

Our Use of Your Personal Data and Other Information

We will use the Personal Data you provide in a manner that is consistent with this Privacy Policy.  If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided.  For instance, if you provide Personal Data as part of your use of the website, we will use your Personal Data to monitor your use of the website.  We also may use your Personal Data and other personally non-identifiable information collected through the website to help us improve the content and functionality of the website.  

We may provide some of our services through contractual arrangements with affiliates, services providers, partners and other third parties. We and our service partners use your Personal Data to operate our sites and to deliver their services.

We will encourage our service partners to adopt and post privacy policies. However, the use of your Personal Data by our service partners is governed by the privacy policies of those service partners, and is not subject to our control.

Vimocity may disclose your Personal Data if it is required to do so by law, for example, in response to a court order or a subpoena or other legal obligation, in response to a law enforcement agency’s request, or in special cases when we have reason to believe that disclosing the information is necessary to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) with our rights or property.  We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.

Children

We do not knowingly collect Personal Data from children under the age of 13.  If you are under thirteen, please do not submit any Personal Data on the website.  We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children to never provide Personal Data though our website.  If you have reason to believe that a child under the age of 13 has provided Personal Data to us, please contact us at 206-400-6634 and we will endeavor to delete that information from our databases.  

Changes to Our Privacy Policy

The materials offered on the website may change from time to time.  As a result, at times it may be necessary for us to make changes to this Privacy Policy.  Accordingly we reserve the right to update or modify this Privacy Policy at any time and without prior notice.  We encourage you to review this policy regularly and especially before you provide any Personal Data.  Your continued use of the Vimocity website after any changes or revisions to this Privacy Policy indicates your agreement with the terms of such revised Privacy Policy.