Rogue In Motion Terms & Conditions of Use

Welcome to Rogue in Motion! We are pleased to provide services at RogueInMotion.com and RogueInMotion.vhx.tv (collectively this or the “website”) in accordance with this Rogue in Motion Terms and Conditions of Use (“conditions of use”). This website is owned and managed by Rogue Physical Therapy & Wellness, Inc. d/b/a Rogue in Motion (“Rogue in Motion,” “us,” “our,” or “we”), a California corporation. By using this website, you agree to the conditions of use. If you do not agree, do not use this website. Please read it carefully.

Rogue in Motion is the online extension to our wellness program for people with Parkinson’s. After over nine years of teaching Parkinson’s specific exercise classes, we are excited to bring these classes online to increase access to the global Parkinson's community. Our classes are designed based on the latest research principles, our clinical experience, and feedback from the hundreds of individuals with Parkinson’s who have participated in our classes.

Rogue in Motion provides services and Content through third-party Vimeo, Inc. (vimeo.com) through websites that Rogue in Motion licenses, but Rogue in Motion has no other affiliation with Vimeo. To use our services, you must also agree to Vimeo’s terms and conditions of use and provide a payment method. If you do not or cannot agree, do not use the services.

1. Acceptance and agreement to be bound.

(a) By using this website, you agree to allow Rogue in Motion to collect, use, and disclose your information under the terms explained in the privacy policy. Rogue in Motion may change these conditions of use without notice, and your continued use of the website signifies that you agree to be bound by any changes.

(b) These conditions of use govern your access to and use of the websites, products, data, services, and Content (as defined below) provided to you on, from, or through this website, any of our software, and any applications created by Rogue in Motion whether available through a social networking site or its subsidiaries or affiliated companies (the “Service”).

(a) By accessing or using the Service, you agree to be bound by these conditions of use and the privacy policy. You may use the Service only if you can form a binding contract with us, and only in compliance with these conditions of use, as well as all applicable local, state, national, and international laws, rules and regulations.

2. This website does not provide medical advice.

(a) This website’s content is provided for informational and educational purposes only. This includes the entirety of the website (including text, images, videos, and blogs), Rogue in Motion videos hosted on Vimeo or other third-party websites, Rogue in Motion social media (as it is defined in this website’s privacy policy), and any information obtained from Rogue in Motion licensors or third-parties, and the logos, images, software, videos, text, graphics, photos, sounds, music, audiovisual combinations, interactive features, collections and other materials you may view on, access through, or contribute to the Service. This information is collectively referred to as the website’s “Content.”

(b) If you have concerns about any medical condition, diagnosis, or treatment, you should personally consult with a licensed healthcare provider. In case of medical emergency, you should call 911 immediately.

(c) This website does not create or constitute a provider-patient relationship between you and Rogue in Motion. By using this website, you explicitly acknowledge that you understand your use of this website does not create a provider-patient relationship between you and Rogue in Motion. Your use does not create any duty for Rogue in Motion to follow up with you about any medical condition, diagnosis, or treatment.

(d) This website does not provide any licensed services. Nothing on this website, in the Content, or in the Service is intended to and does not constitute the practice of physical therapy, occupational therapy, message therapy, or similar licensed activities. The website, the Content, and the Service are for educational purposes only based upon the proficiency in, knowledge of, and experience with the subject matter of the website, the Content, and the Service.

3. This Website is not subject to HIPAA.

(a) Although Rogue in Motion takes the confidentiality of its visitors and clients seriously as described in the privacy policy, Rogue in Motion’s activities as it relates to this website, the Content, and the Service are not subject to the Health Insurance Portability and Accountability Act (“HIPAA”).

(b) Do not use, provide, transmit, store, or disclose any health information that constitutes protected health information (“PHI”). Rogue in Motion accepts no affirmative duty to learn whether you provide, transmit, store, or disclose PHI while using this website, the Content, or the Service, but if Rogue in Motion has actual knowledge that you are using, providing, transmitting, storing, or disclosing PHI, it may terminate your account and revoke your access to the Content and the Service.

(c) If you use, provide, transmit, store, or disclose PHI in connection with this website, the Content, or the Service, you agree to indemnify Rogue in Motion against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorney fees and costs) arising out such use, provision, transmission, storage, or disclosure of PHI.

4. The Permitted use of the Content and your Conduct.

(a) Unless otherwise expressly stated, Rogue in Motion or its licensors owns all of the Content. The Content is protected by United States and worldwide copyright laws and treaty provisions.

(b) So long as you comply with these conditions of use, and provided that you do not modify, delete, or change any copyright, trademark, or other proprietary notices, and subject to the conditions of use and privacy policy, Rogue in Motion hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Content and to use the Service for as long as your subscription (as defined herein) remains active.

(c) Except as provided above, you may not copy, reproduce, modify, use, republish, upload, post, transmit, or distribute any of the Content, including any trademarks, names, or logo, and you may not redeliver or present any of the pages, text, images, or the Content using “framing” technology, nor systematically retrieve data, information, or the Content to create a collection, compilation, database, or directory. All rights not expressly granted are reserved to Rogue in Motion.

(d) You expressly agree not to deceive, harass, stalk, harm, or exploit any other users; distribute spam; collect or record information about other users; or advertise or solicit others to purchase any product or service. Rogue in Motion reserves the right, but does not have the obligation, to monitor all conduct on the website.

5. This website in not intended for children.

(a) This website is not intended or designed to attract children under the age of 18. Rogue in Motion does not collect personally identifiable information from any person known by Rogue in Motion to be a child under the age of 18. Should Rogue in Motion inadvertently come to possess personally identifiable information about a child under the age of 18, Rogue in Motion will not knowingly disclose contact information relating to a child under the age 18 to any third-party.

6. Our disclaimer of liability and no warranty.

(a) ALL INFORMATION IN THIS SITE IS PROVIDED ON A SUBSCRIPTION BASIS AND “AS IS.” ACCORDINGLY, ROGUE IN MOTION MAKES NO REPRESENTATIONS, AND NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, WITH RESPECT TO THE CONTENT OR OTHERWISE REGARDING THIS WEBSITE OR ANY LINKED WEBSITE. TO THE FULL EXTENT PERMITTED BY LAW, ROGUE IN MOTION DISCLAIMS ALL WARRANTIES (EXPRESS OR IMPLIED), INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

(b) ROGUE IN MOTION GIVES NO WARRANTY AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, TIMELINESS, OR AVAILABILITY OF THIS WEBSITE OR THE CONTENT OR OF ANY LINKED WEBSITE.

(c) By using this website, you signify that you assume the risk of accessing and using the information it provides. We do not guarantee the accuracy of information provided on this website and are not responsible for any errors or omissions in the information provided.

(d) Rogue in Motion is not responsible for visitors’ damage or loss. You agree that Rogue in Motion is not responsible to you or others for any loss or damages that results from your use (or nonuse) of this website or any linked third-party website. This loss or damage includes, but is not limited to, direct, indirect, special, consequential, compensatory damage, incidental damage, lost profits or data, damages to your computer resulting from viruses, loss of or damage to other property, claims of third parties, or copying or display of this website or its contents. Rogue in Motion is not responsible, regardless of whether Rogue in Motion has been advised or knew or should have known of the possibility of such damages or claims. Your sole and exclusive remedy against Rogue in Motion is to stop using this website.

(e) Without limiting the preceding paragraphs, you expressly release Rogue in Motion from any responsibility and liability relating to your use of this website, linked websites, or information contained in this website or linked websites, including any liability or responsibility pertaining to the use, administration, and the use or disclosure of your information in accordance with this website privacy policy.

7. The information you provide.

(a) Rogue in Motion has the right, but not the duty, to monitor your use of this website, including any information you provide. Any information you send to Rogue in Motion by email may be misdirected or intercepted by unintended recipients, and thus it may not constitute a confidential medium of communication. If you have confidentiality concerns, please consider using an alternative mode of communication and do not transmit any sensitive or confidential information to us via email.

(b) This website provides you the option to communicate with Rogue in Motion through email. This option is provided solely for your convenience, and it may not be secure. By using it, you agree that Rogue in Motion is not responsible for the privacy of any email messages. Rogue in Motion does not warrant the confidentiality or security of any email transmission.

(c) You are responsible for all information you send through this website. This means that you agree not transmit information that is illegal, threatening, libelous, defamatory, obscene, ethnically or racially offensive or discriminatory, profane, invades the privacy of another person, or any other information that violates any law or confidentiality agreement. Rogue in Motion may edit, delete, modify, or ban such information, and/or take necessary legal action.

8. Do not submit information that we have not requested.

(a) Do not send Rogue in Motion any ideas, suggestions, materials, concepts, or other information (collectively “Information”) relating to the website. If you violate this policy and do send Information to Rogue in Motion, that Information will become Rogue in Motion’s property. This means that Rogue in Motion will have unrestricted use of it for its personal and commercial purposes. You will not be compensated, and Rogue in Motion will not be liable to you or any other provider of the Information.

(b) If you send Information to Rogue in Motion, you agree: (i) to waive your rights in any Information; (ii) to warrant that it is original to you; (iii) that you have the right to submit it to Rogue in Motion; and (iv) that you have no recourse against Rogue in Motion for any alleged or actual infringement or misappropriation of any proprietary right in any Information.

(c) Rogue in Motion is not obligated to maintain the confidence of any Information submitted, and Rogue in Motion disclaims any liability that may result from its disclosure of any Information submitted in violation of its policy.

(d) You further agree not to: (1) transmit any Information that contains any viruses or other computer programming routines that may damage, interfere with, intercept, or take any system, data, or personal information; (2) impose an unreasonably large amount of Information on this website or otherwise interfere with or inhibit any other user from using or enjoying this website; (3) transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communications; (4) access, use, or copy any portion of the Content using automated mechanisms, such as bots, spiders, scrapers, web crawlers, or indexing agents; and (4) impersonate another person or allow any other person or entity to use your identification for interacting on Rogue in Motion’s social media, as defined in its privacy policy.

9. Our links to third-party websites.

(a) Rogue in Motion may provide links to third-party websites. This website occasionally provides links to third-party websites. By clicking on these links, you agree that Rogue in Motion is not responsible and does control any information on these websites. Third-party websites are unrelated to, and not maintained by, Rogue in Motion.

(b) By clicking on such links, you agree that Rogue in Motion is not responsible for their content, regardless of whether your access is provided by Rogue in Motion or by another third-party. Rogue in Motion does not warrant the accuracy, timeliness, or suitability of the content of any third-party website.

(c) By providing a link to a third-party website, Rogue in Motion does not endorse the products or services of that linked websites, nor does it endorse the third-party website’s sponsoring organization. Your sole and exclusive remedy for claims arising from any such third-party products or services is against the third-party provider, and not Rogue in Motion.

(d) Third-party websites may provide links to Rogue in Motion. Rogue in Motion hereby grants third-party websites the limited right to link to its website. This limited license does not grant the right to “framing” of the Content or grant any other activity that could create a misimpression or confusion among users with respect to sponsorship or affiliation.

10. Indemnification of use from your use of the website.

(a) You agree to indemnify Rogue in Motion against any damages, losses, liabilities, judgments, costs, or expenses (including reasonable attorney fees and costs) arising out of any third-party’s claims that relate to your use of this website.

11. The operation of the website.

(a) Rogue in Motion makes all reasonable efforts to keep this website operational and available for access on a 24-hour-a-day, seven-day-a-week basis. This is occasionally subject to scheduled downtime for maintenance purposes, unscheduled maintenance, and systems outages. Rogue in Motion cannot control the operations of third parties, including Vimeo.

(b) Rogue in Motion, however, does not provide any assurance or warranty that: (i) access will always be available; (ii) service will be uninterrupted; (iii) its operation will be error-free; (iv) defects will be corrected; or (v) the servers that operate the website are free from viruses or other harmful components.

12. Your privacy and security.

(a) Rogue in Motion makes every effort to comply with all applicable laws that concern the privacy of online communications. By using this website, however, you acknowledge that the Internet is neither more nor less secure than other communications media, including mail, facsimile, and telephone services, all of which can be intercepted and otherwise compromised.

(b) As a matter of prudence, you are urged to assume that all internet communications are unsecure. To learn more about how Rogue in Motion maintains the privacy and security of its website visitors, please read the privacy policy.

13. Our exclusive proprietary rights.

(a) Rogue in Motion’s website Content is protected by applicable copyrights, trademarks, service marks, patents, or by other proprietary rights and laws. By using the website, you agree not to sell, license, rent, modify, copy, distribute, reproduce, transmit, redistribute, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Content. Your use of the Content for any purpose that is not expressly permitted in the privacy policy or these conditions of use is prohibited.

(b) Reproduction, replication, or redistribution for commercial purposes of any of the Content is prohibited.

14. Your account registration and security

(a) To access some of the Service and the Content, you may have to create an account with us and with Vimeo.com. In doing so, you agree to supply truthful and compete information and update it if it changes. The Content or the Service are not for or directed to anyone under 18 years of age. By providing information about yourself you warrant that you are over 18 years of age and that you are of legal age to form a binding contract. If you provide any untruthful or incomplete information, or if Rogue in Motion reasonably suspects such, Rogue in Motion may suspend or terminate your account and refuse your future use of the Content or the Service.

(b) You are solely responsible for your own account activity and agree to maintain your own strong password and not use anyone other person’s password or login credentials. You further agree not to share or sell your password or login, and to notify us if you suspect unauthorized use of your account.

15. Your membership.

(a) Subscription fees. If you purchase a subscription, you agree to pay the charges as agreed when you sign up, which will automatically renew each month or each year, depending on which subscription you have chosen (the “Membership”). YOU AGREE THAT YOUR CREDIT CARD WILL BE AUTOMATICALLY BILLED EACH MONTH FOR THE AGREED UPON SUBSCRIPTION AMOUNT ALONG WITH APPLICABLE TAXES UNTIL YOU CANCEL. If you do not pay, or do not pay on time, Rogue in Motion may cancel or suspend your account and subscription.

(b) One-week free trial. We are offering a one-week free trial of the Membership. When you sign up for the Service, your first week will be free. At the end of the one-week free trial, your credit card will be automatically be billed for either the monthly or annual Membership option (pricing is subject to change without notice). If you cancel before the end of the one-week free trial, you will not be billed for the Membership and your access to the Membership will be discontinued.

(c) Effect of Cancellation. If you cancel your subscription, it will take effect starting at the end of your current billing period. We do not offer refunds. Your membership is personal to you and nontransferable.

(d) Authorization. By providing payment information to us, you grant us your consent and authorization for your credit card to be automatically charge the agreed upon amount each month. All overdraft, chargebacks, and bank fees are your sole responsibility.

(e) Changes. Rogue in Motion may change, modify, add, remove, suspend, cancel or discontinue any of its subscriptions including the functionality, content, or availability of any features of such subscriptions in the sole discretion of Rogue in Motion.

(f) Notice of Fee Increase. Rogue in Motion will provide you with thirty (30) days’ notice of a fee increase prior to you being billed. By not cancelling, you agree to the higher fee.

(g) Taxes. Your membership fee is exclusive of value added, goods and devices, sales, or other tax. You are solely responsible for such payment and compliance with such taxes.

16. Our health disclaimers.

(a) You agree that Rogue in Motion is not responsible for any injuries that you sustain from participation in any of the activities depicted on the on the website or through the Content or the Service. You expressly waive any claim for any injury at any time against Rogue in Motion, or any person or entity involved with Rogue in Motion, including, without limitation, its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates, and representatives.

(b) Your use of the website, the Content, and/or the Service evidences your understanding that physical exertion may result in physical or mental injury or risk of injury. You further agree that you are solely responsible to exercise within your limits.

(c) YOU SHOULD SEEK THE ADVICE OF A PHYSICIAN PRIOR TO BEGINNING A PHYSICAL EXERCISE REGIMEN. IF YOU FEEL FAINT, DIZZY, OR HAVE PHYSCIAL DISCOMFORT, STOP IMMEDIEATELY, AND CONTACT YOUR PHYSICIAN.

(d) Rogue in Motion Content may suggest a particular technique, use of equipment, pose, move, or instruction, but it is your sole responsibilities to ascertain if such technique, use of equipment, pose, move, or instruction is consistent with your ability and safe for you to do.

17. We provide no warranty or guarantee of outcome.

(a) Rogue in Motion has made efforts to provide accurate information on the website, the Content, and in the Service. But any testimonial or example on the website or in the Content or the Service does not guarantee that you will receive similar results. Your results will depend on your background, effort, overall health, motivation, desire, and many other factors that are beyond the scope of the website, the Content, or the Service.

(b) ROGUE IN MOTION MAKES NO GUARANTEE AND NO WARRANTY THAT YOU WILL HAVE ANY SPECIFIC RESULT.

18. Our commitment to intellectual property.

(a) Rogue in Motion respects intellectual property rights. If you think that material that appears on our website is subject to copywrite or trademark infringement, please provide us with following information: (1) The claimed infringement; (2) reasonably sufficient information to allow Rogue in Motion to locate the claimed infringement on the website; (3) the owner or complaining parties contact information, including name, address, and email address; (4) the signature of the owner; (5) a statement by the owner that the owner has a good faith belief that the use of the copyright or trademark is not authorized by the copyright or trademark owner, its agent, or the law; (6) a statement, under penalty of perjury, that the information is accurate, and you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Note: Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

19. You may not assign these terms of use.

(a) The conditions of use, licenses, and subscriptions may not be transferred or assigned by you but may be assigned by us without restriction.

20. Your consent for Electronic Communications

(a) By providing Rogue in Motion with your email address, you consent to receive unencrypted an unsecured email communication form us. You agree that any notices, agreements, disclosures or other communications that Rogue in Motion provides to you by email satisfies any legal communication requirements.

21. The applicable law and enforcement.

(a) The laws of the state of California, without giving effect to its principles of conflicts of law, govern all adversarial proceedings arising out of these conditions of use. If a website visitor or subscriber takes legal action against us relating to the website privacy policy or these conditions of use, or relating to the visitor’s or subscriber’s interactions with or relationship to Rogue in Motion relating to this website, that visitor or subscriber agrees to file such action only in the state and federal courts located in the State of California.

(b) By using this website, you agree that: (i) if any provision of this agreement is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded; (ii) that if an unenforceable provision is modified or disregarded in accordance with this paragraph, then the rest of these conditions of use will remain in effect as written; and (iii) that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.

(c) No waiver of any of the privacy policy or these conditions of use shall be effective unless it is in writing and signed by an authorized representative of Rogue in Motion. No such waiver shall be deemed a further or continuing waiver of such term or any other term or condition of use.

(d) The privacy policy and these conditions of use constitute the entire agreement between you and Rogue in Motion, as it relates to your use of this website. It does not create any relationship between you and Rogue in Motion that is not contemplated in these policies.

22. Our amendments and modifications.

(a) Rogue in Motion may amend or update the privacy policies, these conditions of use, the Content or the Service at any time without prior notice. If you use this website after any changes, you agree to be bound by the changes.

23. Our affiliate Disclaimer

(a) Pursuant to the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising, 16 C.F.R. Part 255 Sections 255.0 through 255.5, some of the links are affiliated links. This means that Rogue in Motion may receive payment if you purchase products or services through such links. Rogue in Motion only utilizes affiliated links for products or services that its principals have personally used and believes will add value to its visitors and subscribers.