Musculo Website Terms of Use

These terms of use (“Terms”) apply to the Musculo website or any website (“Site”) owned or licensed by Musculo, its affiliates and partners (“Musculo,” “us,” “we,” “our”).

Your use of this Site is subject to these Terms set forth below and all applicable regulations and laws, including, but not limited to, those relating to trademark, copyright, and other intellectual property rights. Your submission of information on this Site is subject to Musculo’s Privacy Policy, which is hereby incorporated into these Terms

PLEASE READ THE TERMS & CONDITIONS CAREFULLY BEFORE USING THE SITE. BY ACCESSING THE SITE YOU AGREE TO ACCEPT, WITHOUT QUALIFICATION OR LIMITATION, ALL OF THE TERMS & CONDITIONS. We reserve the right to amend any section of the Terms without notice by posting an amended statement on the Site. Your continued access or use of the Site means that you accept and agree to the revised Terms. Please exit the Site immediately if you do not accept these Terms (as amended from time to time).
PLEASE NOTE THAT THE TERMS INCLUDE A BINDING ARBITRATION PROVISION AND CLASS ACTION AND TRIAL BY JURY WAIVERS AS WELL AS LIMITATIONS OF LIABILITY AND EXCLUSION OF DAMAGES.

USE OF THE SITE

GENERAL

The service of the Site allows you to engage in virtual coaching services utilizing a web based platform. Musculo’s virtual coaching services provided by telecommunications and video conference are not a substitute for in-person medical attention, healthcare or treatment. You should continue to consult with your primary provider and other healthcare professionals regarding any medical condition or treatment as recommended.

The services of the Site are not intended for and should not be used by minors. You may only use the services of this Site if you are at least 18 years of age and can form legally binding contracts under applicable law. Additional terms of use may apply to any transactions, purchases, activities, or uses that may occur on or through this Site. You agree to comply with these Terms and any applicable additional terms of use.

We may enable you to establish an account with a username and password to access and use the certain areas of the Site, and other services. You are responsible for preserving the confidentiality of your passwords, log-in, and account information. You will be financially accountable for all uses of the Site by you and/or by any third party using your account information.

You agree to (a) immediately notify us of any unauthorized use, or any other breach of security, of your password or account, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us when you desire to cancel your account. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

LINKS TO THIRD PARTY WEBSITES

The Site may contain links to third party websites. Musculo provides these links solely for your convenience. The inclusion of these links in no way indicates Musculo’s endorsement, approval, or support of such site’s content, products, services, or operators. We undertake no obligation to monitor or review any sites linked to or from the Site. Your use of any such site is subject to the terms of use and privacy policies of such sites, and not those of Musculo, and is at your own risk. We are not responsible for the practices, services, products, or content of third party sites. Additionally, you agree not to link your site or any other third party site to the Site without express prior written consent of Musculo.

MUSCULO’S RIGHT TO CANCEL / ERRORS / MISTAKES

The Site may contain typographical, technical inaccuracies, or other errors in connection with information displayed on the Site. Musculo assumes no responsibility or liability for such inaccuracies, errors, or omissions. Musculo reserves the right to make corrections, changes and/or improvements to such information at any time.

MISCOMMUNICATIONS / LOST TRANSACTIONS

Musculo assumes no responsibility or liability for communication errors, difficulties, failures, or other malfunctions or lost, stolen, or misdirected transmissions, transactions, entries, or messages on or in connection with the Site. Musculo is not responsible for any incorrect information associated with any transmission or transaction to or on the Site regardless of whether such incident is the result of system error, user error, or human error.

AVAILABILITY

The Site is available to anyone with Internet access. The Site may become unavailable due to maintenance or repairs or due to computer malfunctions, crashes, disruption in Internet service or other unforeseen circumstances. A reference to a product or service on the Site does not imply that such product or service is or will be available in your location. The content on the Site is intended for use and display only where permissible in accordance with applicable laws and regulations. Each product or service is void where prohibited by law.

PROHIBITED USES

Any commercial use of this Site is strictly prohibited unless you have obtained express prior written consent from Musculo. You may not use this Site to post or transmit any unlawful, threatening, libelous, infringing, defamatory, indecent, inflammatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, or for any other purpose that is unlawful or prohibited by these Terms. You agree that you will not (a) interfere or disrupt the Site, (b) use or attempt to use any robot, spider, automatic device, or automatic or manual process to monitor or copy the Site without Musculo’s prior express written consent, (c) use any device, software, or other instrument to monitor, copy, interfere with, or attempt to interfere with this Site, its content, or its operation without Musculo’s prior express written consent, or (d) use, place, or distribute any viruses, worms, time bombs, and/or other computer programming routines that damage, disrupt, intercept, or harm (or intend to do any of the preceding) the Site, including the underlying hardware, software, systems, and any users of the Site or their devices.

SMS TERMS AND CONDITIONS 

SMS For Consent Communication
The Phone Numbers obtained as part of the SMS consent process will not be shared with third parties for marketing purposes.

Types of SMS Communications
If you have consented to receive text messages from MUSCULO INC, you may receive text messages related to: (Appointment reminders, meetings, and follow-ups on cases.)

For Example: Hello Thank you for contacting MUSCULO INC, how can we help you? Reply Stop to opt-out at any time. Message and data rates may apply, for assistance, text Help” or visit our https://www.musculo.com/privacy-policy and https://www.musculo.com/terms.

Message Frequency: Our SMS message frequency will be a maximum of five per day, per user.

Potential Fees for SMS Messaging: Many carriers charge a fee for each message sent or received. This can vary depending on the carrier’s pricing structure and whether the message is sent domestically or internationally.

Opt-In Method: Customer will Opt-In for SMS messaging from MUSCULO INC through online forms (https://www.musculo.com/contact), this agreement for SMS will not be shared with third parties for marketing purposes.

Opt-out: Customer will be able to opt out of SMS messaging from MUSCULO INC by replying STOP at any time to any received SMS message, once opted-out they will receive no further SMS communication. They can opt back In at any time by replying START

Help:
If you are experiencing any issues, you can reply with the keyword HELP. Or, you can get help directly from us by emailing help@musculo.com.

 

Additional Options:

• If you do not wish to receive SMS messages, you can choose not to check the SMS consent box on our forms.

Standard Messaging Disclosures:

• Message and data rates may apply.
• You can opt-out at any time by texting “STOP.”
• For assistance, text “HELP” or visit our Privacy Policy and Terms and Conditions pages.
• Message frequency may vary

INTELLECTUAL PROPERTY

COPYRIGHT

Unless otherwise noted, all content on this Site is the copyrighted property of Musculo, its affiliates or partners, or licensors. All content of this Site is protected by United States copyright laws as well as the applicable laws of other jurisdictions.

GENERAL/OWNERSHIP

Unless expressly stated otherwise, the content included on the Site, including, but not limited to text, software, photographs, graphics, images, artwork, illustrations, video, sound, music, names, logos, trademarks and service marks, are the property of Musculo or its licensors or suppliers. This content is protected by copyright, trademark and other laws. No right, title, or interest to the content is granted by your use of the Site, other than a right to review the content using a standard Internet browser to conduct customary web browsing. All other uses, including making copies of any content on the Site, are strictly prohibited. Except for non-commercial individual private use, the downloading, retransmission, or reproduction of the Site (or any part of its content) is strictly prohibited. You may not modify, reproduce, distribute, retransmit, disseminate, sell, publish, circulate or broadcast any material for any purpose other than personal, non-commercial use (or legitimate activities of a travel agent or travel professional) without Musculo’s express written consent.

NOTICE AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Musculo respects the intellectual property rights of third parties. Musculo responds to notices of alleged copyright infringement according to the Digital Millennium Copyright Act (“DMCA”) at 17 U.S.C. § 512 et seq. Whether or not Musculo believes it is liable for any copyright infringement for which it is provided notice, Musculo’s acknowledgment may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating an individual’s access to the Site, at Musculo’s discretion and operating within the guidelines of the DMCA.
If we remove or disable access in response to a DMCA Notice (as defined below), we will make a good faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter-notification. If you believe that your work has been copied in a manner that constitutes copyright infringement, please contact: info@musculo.com
INCLUDE THE FOLLOWING INFORMATION:

• a legend or subject line that says: “DMCA Copyright Infringement Notice”;
• Your name, address, telephone number and email address;
• A description of the allegedly infringing material and where it is located on the Site;
• A description of the copyrighted work that you claim has been infringed;
• A statement by you under penalty of perjury that your notice is accurate, that you are the copyright owner or that the copyright holder has authorized you to act on its behalf; and
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agents, or the law;
• Your written or electronic signature attesting to the above.
• It is often difficult to determine if your copyright has been infringed. Musculo may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and Musculo may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.

Without limiting Musculo’s other rights, Musculo may, in appropriate circumstances, terminate a repeat infringer’s access to the Site and any other site owned or operated by Musculo.

Counter-Notification. If access on the Site to a work that you submitted to Musculo is disabled or the work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:

• a legend or subject line that says: “DMCA Counter-Notification”;
• a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL of the Site from which the material was removed or access to it disabled);
• a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
• your full name, address, telephone number, email address, and the username of your account;
• a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Southern District of Florida), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
• your electronic or physical signature.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Site. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.

GENERAL LEGAL TERMS

RIGHT TO RESTRICT ACCESS

In addition to any other rights or remedies available to Musculo, Musculo may, without any liability whatsoever, at its sole discretion restrict or terminate your access or use of this Site at any time and without notice.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, MUSCULO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS, HEREBY DISCLAIM ALL LIABILITY FOR ANY LOSS, COST OR DAMAGE (DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHERWISE) SUFFERED BY YOU AS A RESULT OF YOUR USE OF THE SITE OR FROM ANY COMPUTER VIRUS TRANSMITTED THROUGH THE SITE, OR OTHER SITES ACCESSED FROM THE SITE, WHETHER SUCH LOSS, COST OR DAMAGE ARISES FROM OUR NEGLIGENCE OR OTHERWISE AND EVEN IF WE ARE EXPRESSLY INFORMED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. YOUR ACCESS TO AND/OR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES ARISING THEREFROM OR RELATING THERETO, INCLUDING BODILY INJURY, PROPERTY DAMAGE, COST OF SUBSTITUTE SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COMPUTER OR DEVICE MALFUNCTION. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, COSTS, LOSSES AND CAUSES OF ACTION IN THE AGGREGATE (WHETHER IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY) AND WHETHER OR NOT WE WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OR THE POSSIBILITY OF SUCH DAMAGE ARISING FROM THESE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY, OR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00 (US). THIS LIMITATION OF LIABILITY WILL SURVIVE THE EXPIRATION OR TERMINATION OF THE TERMS.

WARRANTY DISCLAIMER

THE SITE IS PROVIDED “AS IS,” AND YOUR USE THEREOF IS AT YOUR OWN RISK. MUSCULO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS, DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, TITLE AND NON-INFRINGEMENT. MUSCULO DOES NOT WARRANT THAT THE SITE WILL BE FREE FROM VIRUSES, MALICIOUS CODE, AVAILABLE, ACCESSIBLE, ERROR-FREE, UNINTERRUPTED OR THAT THE CONTENTS WILL BE ACCURATE. ALTHOUGH MUSCULO TAKES REASONABLE STEPS TO SECURE THE SITE, YOU ACKNOWLEDGE THAT THE INTERNET IS NOT A COMPLETELY SECURE MEDIUM AND MUSCULO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, THAT THE SITE OR, ANY INFORMATION OR MATERIALS YOU POST ON OR TRANSMIT THROUGH THE SITE, WILL BE SAFE FROM UNAUTHORIZED ACCESS OR USE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

INDEMNITY

To the maximum extent permitted by applicable law, you hereby agree to release, defend, hold harmless and indemnify Musculo and its officers, directors, agents, employees and representatives, against any loss, damage (whether compensatory, direct, incidental, consequential or otherwise) or cost (including reasonable legal and accounting fees), incurred by us arising out of your use of the Site, any of its services or any information accessible over or through the Site, your submission or transmission of information or material on or through the Site or your violation of these Terms or any other laws, regulations and rules. You will also indemnify Musculo against any claims that information or material that you have submitted to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right). You further understand, acknowledge, and agree that the foregoing release and indemnification discharges Musculo from any liability or claim you may have against Musculo with respect to bodily injury, personal injury, illness, death, or property damage that may result from your access and/or use of the Site. We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters and that you will fully cooperate with us in any such defenses.

JURISDICTION / GOVERNING LAW / CHOICE OF FORUM

This Site is operated and controlled by Musculo from its offices within the State of Florida, United States of America. These Terms and any dispute arising out of or related to the Terms or use of Site shall be governed in all respects by and construed and enforced in accordance with the laws of the State of Florida, U.S.A., without regard to its conflicts of law principles. Exclusive jurisdiction over any cause of action arising out of these Terms or your use of the Site shall be in state or federal courts located in or near Miami, Florida, U.S.A. You further agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO COMMENCE OR JOIN ANY CLASS ACTION OR A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THE TERMS OR THE SITE. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. You agree that you will not file a class action or participate in a class action against us or join any claim you have against us with the claim of a third party.

You and we agree that, at the election of either party, any dispute connected with the Site or the Terms between you and us may be sent to binding individual (non-class) arbitration to be administered by JAMS, Inc. (“JAMS”). If, for any reason, JAMS is not available or will not hear the case, you or we may file our case with any national arbitration company. You and we agree that the arbitrator shall not have any power to consider, hear, entertain, or grant any class arbitration.

DISPUTE RESOLUTION

To the fullest extent not prohibited by applicable law, if any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Site or these Terms, then you and Musculo agree to send a written notice to the other providing a reasonable description of the dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this section. Your written notice to us must be sent to:

Musculo Legal Team
777 Brickell Ave, Suite 640
Miami, FL 33131

Subject to applicable law, for a period of sixty (60) days from the date of receipt of notice from the other party, Musculo and you will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or Musculo to resolve the dispute on terms with respect to which you and Musculo, in each of our sole discretion, are not comfortable. To the fullest extent not prohibited by applicable law, if you or Musculo wants to assert a dispute against the other, such dispute must be commenced (by delivery of written notice as set forth above) within one (1) years after the dispute arises.

NO WAIVER

Musculo’s failure to enforce or insist upon strict performance of any provision of these Terms shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and Musculo nor any trade practices shall be considered to modify these Terms.

SEVERABILITY

If any part of these Terms is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. All other provisions of these Terms shall remain in full force and effect.

NOTICE, COMMUNICATIONS AND e-CONTRACTING

Musculo may give notice by means of a general notice on or through the Site, electronic mail to the email address associated with your account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first-class mail or pre-paid post to any address connected with your account. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first-class mail or pre-paid post) or at the time of sending (if sent by email, telephone, or on or through the Site). You may give notice to Musculo, with such notice deemed given when received by Musculo, at any time by first-class mail or pre-paid post to our registered agent for service of process to:

Musculo Legal Team
777 Brickell Ave, Suite 640
Miami, FL 33131

When you communicate with us electronically, such as via email and text message, you consent to receive communications from us electronically. We will try to promptly respond to all inquiries, but we are not obligated to do so. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree or consent via the Site, it is intended to be an electronic signature which binds you as if you had signed on paper.

QUESTION AND COMMENTS

If you have any comments or questions about our privacy practices or your experience with the Site, please contact us at:

Musculo Legal Team
777 Brickell Ave, Suite 640
Miami, FL 33131
info@musculo.com