Terms of Service

Arthritis Adventure Blueprint

PLEASE READ THIS DOCUMENT CAREFULLY.

Keep the Adventure Alive and The Arthritis Adventure Blueprint (Keep the Adventure Alive DBA of Move Well Age Well LLC, “we” or “us”) is an online fitness/wellness service (Service) located at keeptheadventurealive.com (Site) and arthritisadventure.com (Site) with related online course, The Arthritis Adventure Blueprint (Course). By registering as a member or by using the Arthritis Adventure Blueprint system in any way, you accept these Terms of Service (“Agreement” or “Terms”), which forms a binding agreement between you and Move Well Age Well LLC. You should also read and understand the Keep the Adventure Alive Privacy Policy, which is incorporated by reference into this Agreement.

Prior to using the Arthritis Adventure Blueprint, it is important for you to know and understand that by visiting the Site and/or using the Course, you are agreeing to accept certain liability limitations and legal and health disclaimers, which we further explain throughout this Agreement. In other words, your use of the Arthritis Adventure Blueprint course is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Course or your use of the Course.

IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING OUR PRIVACY POLICY, LIMITATIONS OF LIABILITY, AND GENERAL HEALTH AND LEGAL DISCLAIMERS, DO NOT USE THE SITE OR THE Arthritis Adventure Blueprint or other Keep the Adventure Alive materials.

By using the Course, you consent to receiving this Agreement in electronic form. To withdraw this consent, you must cease using the Course and terminate your account.

Please contact us with any questions regarding this Agreement.

HEALTH WARNING AND LIABILITY DISCLAIMER:

This Course is for general informational purposes only. It should not be used to self-diagnose and it is not a substitute for a medical exam, cure, treatment, diagnosis, and prescription or recommendation. It does not create a doctor-patient relationship between Alyssa Kuhn, DPT and you. You should not make any change in your health regimen or diet before first consulting a physician and obtaining a medical exam, diagnosis, and recommendation.

YOUR USE OF THE Arthritis Adventure Blueprint IS AT YOUR OWN RISK.

PLEASE READ OUR FULL PROFESSIONAL ADVICE AND MEDICAL DISCLAIMER IN SECTION 2 BELOW BEFORE COMMENCING YOUR USE OF THE SERVICE.

Keep the Adventure Alive, DBA of Move Well Age Well LLC SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY RESULTING FROM THE USE OF the Arthritis Adventure Blueprint Online Course.

1. Who May Use the Arthritis Adventure Blueprint

AGE REQUIREMENT: You must be at least 18 years old to use the Arthritis Adventure Online Course.

NOTICE TO PARENTS AND GUARDIANS: You are responsible for monitoring and supervising your child’s use of the Arthritis Adventure Blueprint. If your child is using the Arthritis Adventure Blueprint without your express consent and is under 18, please contact us immediately so that we can disable his or her access.  Please contact us at alyssa@keeptheadventurealive.com if you have any questions.

2. Professional Advice and Medical Disclaimer

YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING THIS OR ANY OTHER EXERCISE OR NUTRITION PROGRAM. DO NOT MAKE ANY CHANGES TO SUPPLEMENT USE, MEDICATIONS, DIET CHANGES OR OTHER RECOMMENDATIONS IN THIS COURSE UNTIL DEEMED APPROPRIATE BY A MEDICAL PROFESSIONAL. DO NOT USE THE ARTHRITIS ADVENTURE BLUEPRINT IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY.

IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE ARTHRITIS ADVENTURE OR KEEP THE ADVENTURE ALIVE SITE. THE USE OF ANY INFORMATION PROVIDED ON THE SITE IS SOLELY AT YOUR OWN RISK.

IF YOU ARE IN THE UNITED STATES AND THINK YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL 911 AND YOUR HEALTH CARE PROFESSIONAL IMMEDIATELY. IF YOU ARE OUTSIDE OF THE US, PLEASE CALL THE APPROPRIATE EMERGENCY SERVICE.

THE ARTHRITIS ADVENTURE BLUEPRINT ONLINE COURSE IS CONTINUALLY UNDER DEVELOPMENT AND MOVE WELL AGE WELL LLC MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT GENERAL HEALTH, FITNESS AND ADVICE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON THE ARTHRITIS ADVENTURE BLUEPRINT COURSE SITE WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

3. Limitation of Liability

To the fullest extent permitted by law: (i) in no event shall KEEP THE ADVENTURE ALIVE DBA OF MOVE WELL AGE WELL LLC, nor its affiliates, be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses; and (ii) KEEP THE ADVENTURE ALIVE DBA OF MOVE WELL AGE WELL LLC’s, and its affiliates’ total liability to you shall not exceed the amounts paid by you to KEEP THE ADVENTURE ALIVE DBA OF MOVE WELL AGE WELL over the twelve (12) months preceding your claim(s).

IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO OBTAIN OR ACCESS ANY MATERIAL THROUGH THE SERVICE, COURSE OR SITE.

4. Privacy

Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement. Please review the Privacy Policy to learn about:

  • What information we may collect about you;
  • What we use that information for; and
  • When and with whom we share that information.

CONSENT TO EMAIL: When you become a Member of the Arthritis Adventure Blueprint, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Service and Course, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third party partners.

5. COURSE Provisions

REGISTRATION: To use the Arthritis Adventure Blueprint Online Course, you must register as a member by providing a user name, password, valid email address and valid credit card information. You must provide complete and accurate registration information to the Arthritis Adventure Blueprint Online Course and notify us if your information changes.

USER NAME: You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.

NON-COMMERCIAL USE: Use of the Site, Course and Service is for personal use only. Members may not use the Service and Course in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services; or (ii) for commercial purposes. Users of the Site may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the Site for any purpose unless expressly authorized by Arthritis Adventure Blueprint Creator. If you wish to inquire about possible commercial use, please contact us at alyssa@keeptheadventurealive.com.
Move Well Age Well LLC may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Site, Course or the Service.

ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. . If you become aware of any unauthorized access to your account, you must change your password and notify us immediately at alyssa@keeptheadventurealive.com.

6. Indemnification

You agree to indemnify, defend, and hold harmless the Arthritis Adventure Blueprint and its affiliates, directors, officers, employees, and agents, from and against any liability, claims, damages, losses and costs (including reasonable attorney’s fees) that: (i) arise from your activities on the Arthritis Adventure Blueprint course; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to the Arthritis Adventure Blueprint violates any law or infringes any personal right or third party right, including any intellectual property or privacy right. Keep the Adventure Alive reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Arthritis Adventure Blueprint Course in connection therewith.

7. License to Use the Arthritis Adventure Blueprint Online course

LICENSE: Keep the Adventure Alive DBA of Move Well Age Well LLC grants you a limited, non-exclusive license to access and use the Arthritis Adventure Blueprint Course for your own personal, non-commercial purposes. This includes the right to view content available on arthritisadventure.com. This license is personal to you and may not be assigned or sublicensed to anyone else.

RESTRICTIONS: Except as expressly permitted by Keep the Adventure Alive in writing, you will not reproduce, redistribute, publicly display, sell, create derivative works from, decompile, reverse engineer, or disassemble the Arthritis Adventure Blueprint Online course. Nor will you take any measures to interfere with or damage the Arthritis Adventure Blueprint Online Course. All rights not expressly granted by Keep the Adventure Alive are reserved.

ARBITRATION AND GOVERNING LAW:

The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Site shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Keep the Adventure Alive and/or Arthritis Adventure Blueprint Online course in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against Keep the Adventure Alive, Move Well Age Well LLC, the Arthritis Adventure Blueprint or its affiliates any class action, class arbitration, or other representative action or proceeding.

By using the Site or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Keep the Adventure Alive DBA of Move Well Age Well LLC or its affiliates (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Keep the Adventure Alive and Move Well Age Well LLC (except for small-claims court actions) may be commenced only in the federal or state courts located in Sandy, Utah. You hereby irrevocably consent to the jurisdiction of those courts for such purposes and you irrevocably waive any right to a trial by jury.
This Agreement, and any dispute between you and Move Well Age Well LLC, shall be governed by the laws of the state of Utah without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Keep the Adventure Alive DBA of Move Well Age Well LLC in exercising any right hereunder will waive any further exercise of that right. Keep the Adventure Alive’s rights and remedies hereunder are cumulative and not exclusive.

SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Keep the Adventure Alive DBA of Move Well Age Well LLC’s prior written consent. No third party shall have any rights hereunder.

NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Arthritis Adventure Blueprint electronically. Move Well Age Well LLC may provide all such communications by email. For support-related inquiries, you may send an email to alyssa@keeptheadventurealive.com or the following address:

Keep the Adventure Alive

2693 E Teal Way

Sandy Utah 84093

Attention: Legal Department

Nothing herein shall limit Keep the Adventure Alive DBA of Move Well Age Well LLC’s right to object to subpoenas, claims, or other demands.

MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by Keep the Adventure Alive DBA of Move Well Age Well LLC on the keeptheadventurealive.com or arthritisadventure.com Sites. A revised Terms of Service will be effective as of the date it is posted on the Arthritis Adventure Blueprint.