Terms and Conditions
Last updated: May 14, 2019
These Terms and Conditions ("Terms," "Terms and Conditions") govern your relationship with www.MoveWithCassy.com website and mobile app (the "Service") operated by Daisy Dog Productions, LLC d.b.a. Move with Cassy ("us", "we", or "our"). Move with Cassy services may further include, without limitation, tools, mobile applications, email services, bulletin, and message boards, chat areas, news groups, forums, communities, and calendars.
Please read these Terms and Conditions carefully before using the Service. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
The Service offers health, fitness, and nutrition-related information, but is designed for non-commercial, informational purposes only. You should not rely on this information as a substitute for, nor does it replace professional medical advice, diagnosis or treatment. Always consult with a medical professional before engaging in new health, fitness, or nutritional program. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on the Service. The use of any information provided on the Service is solely at your own risk.
Nothing available through the Service is intended to be, and must not be taken to be, the practice of medicine or mental health care. The practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, the practice of pharmacy, nutrition and fitness counseling or providing health care treatment, instructions, diagnosis, prognosis or advice. Developments in medical research may impact the health, fitness and nutritional topics discussed on the Service and no assurance can be given that the information contained on the Service will always include the most recent findings or developments concerning the particular material.
Your access and use of the Service does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part. We do not recommend or endorse any specific tests, physicians, clinics, procedures, opinions, products or other information that may appear on the Service. If you rely on any information provided by the Service, our employees, or guests or visitors to the Service, you do so solely at your own risk.
If you wish to purchase any product or Service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or another payment method (s) in connection with any Purchase; and that (ii) the information you supply to us is accurate and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
You agree to abide by all applicable local, state, national, and international laws and regulations, including U.S. export and re-export control and economic sanction laws and regulations, concerning your use of the Service.
Contests, Sweepstakes and Promotions
These Terms provide you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Service conditioned on your continued compliance with these Terms. You may print and download materials and information from the Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices.
Not For Children Under 13
The Service is not intended for nor to be used with children under the age of 13
Message Boards, Chat Rooms and Posting Guidelines
The Service hosts message boards, chats, and other public forums. They are intended to serve as discussion centers for users of the Service. Anyone on the Internet may see any information you post on the Service. Users will have the ability to edit or delete their posts after posting. When posting information on the Service, use discretion when discussing sensitive topics.
Both users and moderators are required to treat others with respect and honesty. Be fair and informative. Post accurate and valuable information and don't post rumors or negative opinions unsupported by facts. Unless the information in your post arises directly from your personal experience, references to any health-related or medical information you provide must be included in your post.
In addition to the prohibited activities described above, when posting information and media on the Service you must not:
Post anything that interferes with or disrupts the Service or the operation thereof, including files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer, network or the Site;
Post anything libelous or defames, harasses, abuses, stalks, threatens, intimidates or in any way infringes on the rights of others;
Post anything that violates other contractual or fiduciary rights, duties or agreements;
Post or upload personal information, pictures, videos or any other media of another person without their explicit permission;
Delete or revise any material posted by anyone else;
Post statements or materials that are bigoted, hateful, racially offensive, vulgar, obscene, pornographic, profane, or otherwise objectionable, including language or images that typically would not be considered socially or professionally acceptable;
Post anything that encourages criminal conduct or would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction;
Post anything that in any way harms minors;
Post anything that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of Move with Cassy;
Post anything that misrepresents your affiliation with any entity or Move with Cassy;
Post anything that violates the privacy or publicity rights of any other person, including, without limitation, any personal identifying information of another or any confidential trade secrets or information
Post anything that constitutes junk mail, spam or unauthorized advertising or promotional materials, including, without limitation, links to commercial products, services or any political campaign;
Post material that in the sole judgment of Move with Cassy is objectionable or restricts or inhibits any person or entity from using or enjoying any interactive features or other portions of the Service, or which may expose Move with Cassy or its users to harm or liability of any nature; and
Post material that infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or that you otherwise do not have the right to make available, without the express permission of the owner of the copyright, trademark or other proprietary rights.
Any user failing to comply with these guidelines may be expelled from and refused continued access to the message boards, chats or other public forums in the future.
Materials posted or uploaded to the various public forums may be subject to size and usage limitations. You are responsible for adhering to such restrictions. Move with Cassy expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or hyperlinks embedded in any messages. Under no circumstances will Move with Cassy be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants and do not reflect the views of Move with Cassy or our affiliates.
You acknowledge we reserve the right to monitor the same at our discretion. We typically moderate our boards daily. Unless otherwise stated, moderators are not medical professionals and should not be construed as such. Our moderators reserve the right to alter, edit, refuse to post or remove any postings, accounts, or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party to satisfy any applicable law or law enforcement request. Move with Cassy reserves the right to contact users to inform them of policies.
By sending or transmitting to us content, images, video, audio files, creative suggestions, ideas, notes, concepts, information or other materials (collectively, "Submission Materials"), or by posting such Submission Materials on the Service, you grant to Move with Cassy a worldwide, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, modify, create derivative works of, publicly perform, publicly display, digitally perform, sell, offer for sale and import such Submission Materials in any media, for any purpose, without compensation to you. You represent and warrant that any person or entity named or pictured in such Submission Material has provided any necessary licenses, rights or authorizations to allow us lawful use of such Submission Materials.
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be charged in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the same conditions unless you cancel it or Move with Cassy cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Move with Cassy customer support team.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Move with Cassy with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Move with Cassy to charge all Subscription fees incurred through your account to any third-party payment processors.
Should automatic billing fail to occur for any reason, Move with Cassy will issue an electronic invoice indicating that you must proceed manually, within a specific deadline, with the full payment corresponding to the billing period as stated on the invoice.
You can access the specific details of your Subscription, including Subscription duration and price and end date of your free trial period through your online account management page on the Service.
You may cancel your Subscription at any time, and you will continue to have access to the Service through the end of your monthly billing period. To cancel, access your online account management page and follow the instructions for cancellation. If you cancel your Subscription, your account will automatically close at the end of your current billing period. If you signed up for the Service using a third party as a Payment Method, and wish to cancel your Subscription at any time, including during your free trial, you may need to do so through such third party.
Move with Cassy may, at its sole discretion, offer a Subscription with a free trial for a limited period ("Free Trial").
You may be required to enter your billing information to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by Move with Cassy until the Free Trial has expired. On the last day of the Free Trial period, unless you canceled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, Move with Cassy reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Move with Cassy, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Move with Cassy will provide you with reasonable prior notice of any change in Subscription fees to allow you to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, all payments to Move with Cassy are non-refundable.
You agree that in the event we are unable to collect the fees you owe us for the products or services purchased, we may take any other steps we deem necessary to collect such fees from you. You will be responsible for all costs and expenses incurred by us in connection with such collection activity, including collection fees, interest, court costs, and attorneys' fees.
When you create an account with the Service, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. Move with Cassy will not be liable for any loss you may incur as a result of someone else using your account, either with or without your knowledge. You may be held responsible for any losses incurred by Move with Cassy or another party due to someone else using your account or password, whether authorized or not.
You may not use as a username the name of another person or entity, or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
The Service and its original content, features, and functionality are and will remain the exclusive property of Move with Cassy and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or Service without the prior written consent of Move with Cassy.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Move with Cassy infringe your copyright, you or your agent may send us a notice requesting the material be removed, and access blocked. Any such notification that fails to comply with requirements of the DMCA shall be considered insufficient.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Move with Cassy a counter-notice. All notices and counter-notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
Identification of the copyrighted work you claim has been infringed;
Identification of where the material you claim is infringing is located on the Service reasonably sufficient to permit us to locate the material;
Sufficient contact information to respond;
A statement by you that you have a good faith belief the disputed use is not authorized by the copyright owner, its agent, or the law; and
A notarized statement by you, made under penalty of perjury that the above information in your notice is accurate and you are the copyright owner or agent.
Move with Cassy Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: Designated Agent: Cassandra Vieth, 136 N. Lexington Street, Spring Green, WI 53588 or firstname.lastname@example.org.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Move with Cassy.
Move with Cassy has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Move with Cassy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may discontinue using the Service or contact us to close your account.
Limitation Of Liability
In no event shall Move with Cassy, nor its owners, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages. This includes, without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Move with Cassy its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components, or d) the results of using the Service will meet your requirements.
These Terms shall be governed and construed under Wisconsin law without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Waiver and Severability
The failure of Move with Cassy to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed and shall not affect the validity and enforceability of any other remaining provisions.
Successor and Assigns
We may perform any of our obligations or exercise any of our rights under these Terms through one or more of our corporate affiliates (including any entity that directly or indirectly controls, is controlled by or is under common control with us). If another entity acquires the Service, that entity will assume our rights and obligations as described in these Terms. You may not assign your rights or obligations under these Terms, by operation of law or otherwise, without our prior written consent.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice before any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Service.