Terms of Service

Updated: 5/17/2022

PLEASE READ THIS DOCUMENT CAREFULLY.

The Arthritis Adventure Blueprint (Keep the Adventure Alive DBA of Move Well Age Well LLC, “we” or “us”) is an online fitness/wellness online course (Course) located at https://arthritisadventure.com. By registering as a member or by using the Course in any way, you accept these Terms of Service (“Agreement” or “Terms”), which forms a binding agreement between you and Keep the Adventure Alive DBA of 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 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 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 Course.

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  Course  and associated Social Media Content 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 Course.

1. Who May Use the Site and/or Courses

AGE REQUIREMENT: You must be at least 18 years old to use the Courses.

NOTICE TO PARENTS AND GUARDIANS: You are responsible for monitoring and supervising your child’s use of the Courses. If your child is using the Courses 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 Courses 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 Site and/or Courses. THE USE OF ANY INFORMATION PROVIDED ON THE Site and/or Courses 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 Course is CONTINUALLY UNDER DEVELOPMENT AND Keep the Adventure Alive DBA of 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 Courses 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, Courses 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 Course, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the 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 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 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 Course is for personal use only. Members may not use the  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 Course may not use any information obtained from the Course 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 Course for any purpose unless expressly authorized by Course Creator. If you wish to inquire about possible commercial use, please contact us at alyssa@keeptheadventurealive.com.
Keep the Adventure Alive DBA of Move Well Age Well LLC may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Course.

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 Course 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 Course; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to the Course violates any law or infringes any personal right or third party right, including any intellectual property or privacy right. Keep the Adventure Alive DBA of Move Well Age Well LLC 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 the Course in connection therewith.

7. License to Use The 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 Course for your own personal, non-commercial purposes. This includes the right to view content available on https://www.arthritisadventure.com. These licenses are personal to you and may not be assigned or sublicensed to anyone else.

Keep the Adventure Alive, DBA of Move Well Age Well LLC from time-to-time provides various courses, programs, and associated material for sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our Course for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Course in any manner.

By ordering or participating in Course, you agree that the Course you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of Keep the Adventure Alive, DBA of Move Well Age Well LLC.

By ordering or participating in the Courses, you further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses.

RESTRICTIONS: Except as expressly permitted by Keep the Adventure Alive DBA of Move Well Age Well LLC in writing, you will not reproduce, redistribute, publicly display, sell, create derivative works from, decompile, reverse engineer, or disassemble the Course. Nor will you take any measures to interfere with or damage the Courses. 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 Courses 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.

8. Refund policy

Per the updated policy as of 4/19/22 this course is non-refundable and refunds will not be issued after purchase due to the digital nature of the Course.

9. Payment Plan

Total Purchase Amount: This equals the total amount of your Purchase, as adjusted, and represents the total amount you will have paid when you have made all scheduled payments. In addition to the cost of any goods or services, it may be adjusted to include (1) any applicable taxes, shipping costs, or other fees that you have authorized and that are charged by a Merchant, (2) any goods or services added to your order after you agree to this Agreement and/or (3) any adjustments or increases due to exchanges or returns. 

Promise to Pay: By using this payment option, you are instructing us to send the Total Purchase Amount, which is the total amount of your loan, to the designated merchant as payment for your purchase. You further promise to pay Move Well Age Well LLC the Total Purchase Amount in accordance with the payment terms, including repayment of the Initial Payment and each Installment Payment on their Due Dates, plus any fees, past due amounts and other charges as permitted under this Agreement. There is no balloon or similar final payment required on this loan and you are not required to obtain credit life or credit disability as a condition of receiving this loan.

Storing Payment Method Details: You authorize us to store your payment method details in our systems. We will use this information to authorize future charges as described in this Agreement. Unless you opt out, we may also use this information to prefill your payment method details for future purchases. You may manage your payment method details online via Stripe, our payment processor. In the event Stripe obtains updated payment method information from your bank, you agree that we may update and use this information in our system.

Authorization for Initial Payment: For each Payment Schedule that we deliver to you, you authorize us to initiate a one-time debit from, or charge to, as applicable, the Payment Method in the amount of the Initial Payment indicated on that Payment Schedule. Initial Payments will occur on or soon after the date the Merchant confirms an applicable order from your Purchase.

Authorization for Installment Payments: For each Payment Schedule that we deliver to you, you also authorize us to initiate recurring debits from, or charges to, as applicable, the Payment Method in the amounts and on or soon after the dates set forth on that Payment Schedule (or in any alternative amounts or on any alternative dates to which you and we may agree).

Miscellaneous: You promise that the Payment Method and, if applicable, any Alternate Payment Methods, are legitimate, open and active and that you are an authorized user on such account(s). You understand that this Authorization is subject to applicable law and network rules. Each payment will be processed in U.S. dollars, and, if it is converted into another currency, its amount may vary based on fluctuations in the applicable conversion rate.

9. Mini Session
Per the agreement, if the mini session was offered at the time of your purchase, you are allowed to schedule a session via a Calendly link per availability listed. If a session is scheduled and you do not attend nor email Dr. Alyssa Kuhn, PT within 48 hours of missing the session with a reason for rescheduling- your session will be void and you will be unable to schedule another. Exceptions apply with emergency family and medical situations but Alyssa must be known about these as soon as possible. 

Contact Us

Keep the Adventure Alive, DBA of Move Well Age Well, LLC welcomes your questions or comments regarding the Privacy Policy.

Email Address: alyssa@keeptheadventurealive.com

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.

Unless otherwise specified herein, this agreement, along with the Privacy Policy and Disclaimer, constitutes the entire agreement between the user and the Company with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

The Company reserves the right, in its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.