Please read this Terms of Use statement carefully prior to using this website.
The Movement Studies Institute website is owned, produced and managed by Dr. Frank Wildman. This statement covers the Movement Studies Institute website and any associated content including, but not limited to, forums, blogs, email and rss. Please read this statement carefully before using proceeding to access Movement Studies Institute. Your use of Movement Studies Institute indicates your agreement to abide by the Terms in effect.
1. Return Policy
Movement Studies Institute offers returns for most items within 30 days of receipt of purchase. If you are not satisfied with your purchase, you can return it for a replacement or refund. Please note that you will be responsible for the cost of shipping the item(s) back to us. If you choose to have a refund, we will refund you for the cost of the item, but we cannot refund the original shipping cost. Refund will come in check form and will be mailed to your billing address.
Movement Studies Institute's guarantee doesn't cover ordinary wear and tear or damage caused by improper use or accidents.
Digital Downloads: MP3 Downloads are not returnable after purchase.
2. Shipping
Media Mail Shipping does not include a tracking number. By choosing this option, you release Movement Studies Institute of full liability once it has shipped and you understand that we will only credit your account to a maximum of $100 if the parcel is lost in transit.
3. Changes to Terms of Use
We reserve the right to modify this Terms of Use at any time without prior notice. In the event that we update or modify this Terms of Use, we will strive to post such updates or modifications on this Website for a period of thirty days following any such modifications, and the last date this Terms of Use was updated will be indicated as the latest Effective Date at the bottom of this Terms of Use page. Therefore, you are advised to review this Terms of Use occasionally, or at least every thirty days. Your continued use of this Website shall constitute your acceptance of the modified Terms of Use.
4. Privacy
Registration data and other information about you are subject to our Privacy Policy. Your information may be stored and processed in the United States or any other country where the Movement Studies Institute, its affiliates, and its service providers have facilities; and by subscribing to our service, you consent to the transfer of information outside of your country.
5. Limitations on Use
You agree not to use the services for any unlawful purpose. Communications posted to the forum(s) are subject to all federal and state laws, including those related to libel, slander, antitrust, trademark, copyright, patent, contract, confidentiality, property rights and unfair competition.
6. Third Party Web Sites, Services and Software
We may link to, or promote, web sites or services from other companies, along with relevant commentary to provide our visitors with a digest of current news stories, or offer you the ability to download software from other companies. By providing links to other sites, Movement Studies Institute does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to Movement Studies Institute.
The Movement Studies Institute does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor do we represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.
Visitors to Movement Studies Institute assume complete responsibility and risk in your use of any external sites. Visitors should direct any concerns regarding any external link to its site administrator or webmaster.
You agree that we are not responsible for, and do not control, those web sites, services and software.
Nonetheless, Movement Studies Institute seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
7. Comments, Forums and Discussion Terms of Use
In order to make our site services interesting and informative for our users, the following guidelines must be adhered to by all users posting and/or viewing comments:
- If a comment is made using your identity it will be deemed to have been posted by you.
- Do not post abusive, obscene, threatening, harassing, defamatory, libelous, offensive or sexually explicit material.
- Do not intentionally make, false or misleading statements.
- Do not offer to sell or buy any product or service.
- Do not post material that infringes copyright.
- Do not post information that you know to be confidential or sensitive or otherwise in breach of the law.
- Keep all comments relevant and 'on topic' to the particular Movement Studies Institute posting open for comments.
- Movement Studies Institute will not accept responsibility for information posted in the forums.
If Movement Studies Institute receives notice that any posting is not in keeping with these terms and conditions or the intended use of the Forums, Movement Studies Institute may remove that posting and/or any other related postings.
Please note that unless the Movement Studies Institute is notified of a posting that is not in keeping with these terms and conditions then we will not remove it, furthermore we do not exercise any form of editorial control or censorship of Forums other than the above stated procedure.
Participation Disclaimer
Movement Studies Institute does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Movement Studies Institute is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Movement Studies Institute reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Movement Studies Institute in its sole discretion.
8. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY
YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE CONTENT AVAILABLE THROUGH THE SERVICES IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MOVEMENT STUDIES INSTITUTE DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT, THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, AND ANY DEFECTS IN THE WEBSITE OR ERRORS IN THE CONTENT WILL BE CORRECTED.
MOVEMENT STUDIES INSTITUTE, ITS AFFILIATES, PARTNERS, ADVISORS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS ("THE MOVEMENT STUDIES INSTITUTE PARTIES") WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE WEBSITE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE MOVEMENT STUDIES INSTITUTE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE MOVEMENT STUDIES INSTITUTE PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
9. Typographical Errors
In the event that a Movement Studies Instituteproduct is mistakenly listed at an incorrect price, Movement Studies Institute reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Movement Studies Institute reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Movement Studies Institute shall issue a credit to your credit card account in the amount of the incorrect price.
10. Additional Terms and Notices
Use of the website, its services, and communications are at the sole risk of subscribers and website visitors. The Movement Studies Institute does not assume responsibility for computer systems, hardware, software or program malfunctions, computer viruses or worms, or other errors, failures, omissions, interruptions, deletions, delayed computer transactions or network connections resulting from or related to the use of the website and/or electronic communications distributed by Movement Studies Institute.
11. Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Movement Studies Institute without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
12. Notice
Movement Studies Institute may deliver notice to you by means of email, a general notice on the site, or by other reliable method to the address you have provided to Movement Studies Institute.
13. Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Movement Studies Institute products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Movement Studies Institute products) must be commenced within one (1) year after the claim or cause of action arises. Movement Studies Institute's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Movement Studies Institute may assign its rights and duties under this Agreement to any party at any time without notice to you.
14. Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Movement Studies Institute or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
15. Indemnification
You agree to indemnify, defend, and hold harmless Movement Studies Institute, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
16. Ownership Rights
The works of authorship contained in this World Wide Web Site in the domain "Movement Studies Institute", including but not limited to, all design, text and images are owned, except as otherwise expressly stated, by Dr. Frank Wildman.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Movement Studies Institute. The collective work includes works that are licensed to Movement Studies Institute. Copyright 2012, Movement Studies Institute ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Movement Studies Institute or purchasing Movement Studies Institute products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Movement Studies Institute or to purchase Movement Studies Institute products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Movement Studies Institute. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Movement Studies Institute used in the site are trademarks or registered trademarks of Movement Studies Institute.
THIS AGREEMENT WAS LAST UPDATED ON MARCH 15, 2019.