Please read these Terms of Use carefully before using this website.
By using this website, you signify your consent to these Terms of Use. If you do not agree to these Terms of Use, please do not use the website.
Your access to and use of movementanswers.com, together with all related websites, program pages, and sales pages operated by Movement Answers, LLC and/or David Hawkins, PT, CSCS (collectively, the “Company”) — including but not limited to the 6 Day Mobility Jumpstart, the 28 Day Move Better Challenge, the Neck, Back, Knee, and Shoulder Pain Answers Programs, the Movement Confidence Membership, and any free guides or resources offered by the Company (collectively, the “Programs”) — (collectively, the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, these Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect.
You agree that the Site itself, as well as all content, videos, training materials, Programs, services, and/or other materials made available on the Site by the Company or other third parties, as well as the look and feel of all of the foregoing (collectively, the “Content”), are maintained for your personal use and information by the Company and are the property of the Company and/or its third-party providers. Company Content includes all proprietary videos, HTML/CSS, JavaScript, graphics, voice and sound recordings, artwork, photos, documents, and text, as well as all other materials included on the Site, excluding only materials you provide. Subject to your compliance with these Terms of Use, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modifying the Content or using it for any other purpose violates the copyright and other proprietary rights of the Company and other authors who created the materials, and may be subject to monetary damages and penalties.
All Content, such as text, data, graphics files, videos, sound files, and other materials contained on the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use.
All trade names, trademarks, images, and biographical information used in the Company Content and contained on the Site — including, without limitation, the names and trademarks “Movement Answers” and “Movement Confidence” — are either the property of, or used with permission by, the Company. Use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as laws of privacy and publicity and other regulations and statutes. The Company has the right, but no obligation, to remove content it deems, in its sole discretion, unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms of Use. If you believe your intellectual property rights are being violated, you may notify the Company using the contact information on our Contact page, including your name and contact information, the nature of your work, how it is being violated, relevant copyright/trademark registration information, and the location/URL of the violation.
While the Company uses reasonable efforts to include accurate and up-to-date information on the Site, the Company makes no warranties or representations as to its accuracy and assumes no liability or responsibility for any errors or omissions in the content of the Site.
When you register with the Company and/or the Site, you expressly consent to receive notices, announcements, agreements, disclosures, reports, documents, and communications concerning new products, services, or other records or correspondence from the Company, delivered electronically by email.
If you send the Company comments or suggestions about the Site, including notes, text, drawings, images, designs, or computer programs, such submissions become and remain the sole property of the Company, free of any obligation of confidence. The Company shall exclusively own all rights (including intellectual property rights) to such submissions and may use, publish, and disseminate them for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
The Company uses commercially reasonable efforts to restrict unauthorized access to its data and files; however, no system, whether or not password-protected, can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute data and files you store using the Site. Use of the Site is entirely at your own risk.
The Company will not intentionally disclose personally identifying information about you to third parties, except where the Company, in good faith, believes disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company's Privacy Policy. If you do not agree with the Privacy Policy, in whole or part, please do not use the Site.
Neither the Company nor any other party involved in creating, producing, or maintaining the Site and/or any Content on the Site shall be liable under any circumstances for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of the Site. All Content on the Site is provided “as is” without warranty of any kind, express or implied, including but not limited to the implied warranties of merchantability or fitness for a particular purpose.
The Company does not warrant or make any representations regarding the use of the materials on the Site, the results of such use, or their suitability for any user's needs. The Company does not warrant or guarantee any specific physical, health, or fitness outcome from participation in any Program. Results depend on factors including your starting health and fitness level, consistency, effort, and individual circumstances, which the Company cannot control. See the Company's Disclaimer for additional important health and safety information.
The Company does not warrant that use of the materials will be uninterrupted or error-free, that defects will be corrected, or that the Site and its Content are free from bugs, viruses, or other harmful components. You assume all responsibility for the cost of any necessary repairs or corrections. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
The Company shall not be responsible for any performance or service problems caused by any third-party website or service provider (including, for example, your internet service provider, payment processors such as Stripe or SamCart, video hosting, or email delivery services). Any such problem shall be governed solely by the agreement between you and that provider. The Company reserves the right, in its sole discretion, to determine whether it is responsible for any such malfunction or disruption, to limit your use of the Site and/or Content, or to terminate your account if the Company determines you have violated these Terms of Use or any other rules or conditions of the Company. The Company reserves the right to refuse access to the Site and/or its Content, Programs, and/or services to anyone in its sole discretion. Refunds, where applicable, are governed by the refund policy stated at the time of purchase for the specific Program.
In no event shall the Company be liable for any special, incidental, indirect, punitive, reliance, or consequential damages, whether foreseeable or not, including but not limited to damage or loss of property, equipment, information, or data, loss of profits or goodwill, cost of capital, cost of replacement services, or claims for service interruptions or transmission problems occasioned by any defect in the Site, the Content, and/or related materials, the inability to use services provided hereunder, or any other cause whatsoever, regardless of theory of liability. This limitation applies even if the Company has been advised of, or is aware of, the possibility of such damages.
You agree to indemnify and hold the Company and each of its directors, officers, employees, and agents harmless from any and all liabilities, claims, damages, and expenses, including reasonable attorneys' fees, arising out of or relating to: (i) your breach of this Agreement; (ii) any violation by you of law or the rights of any third party; (iii) any materials, information, works, or other content you post or share on or through the Site; (iv) your use of the Site or any services the Company may provide via the Site; and (v) your conduct in connection with the Site, the services, or other users of the Site or services. The Company reserves the right to assume the exclusive defense of any claim for which it is entitled to indemnification under this Section, and you shall provide the Company with reasonably requested cooperation in such event.
The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates, and third-party content providers and licensors, each of which shall have the right to assert and enforce these provisions directly or on its own behalf.
This agreement shall be governed by and construed in accordance with the laws of the State of Utah, without giving effect to any principles of conflicts of law. You submit to the exclusive jurisdiction of the state and federal courts sitting in Provo, Utah. If any provision of this agreement is unlawful, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should periodically review this page for the then-current Terms of Use to which you are bound.
Questions about these Terms? Please reach out through our Contact page, or see our Privacy Policy and Disclaimer for additional information.