Terms of Use

Acceptance of Terms

This website, located at www.movetolearnms.org (“Website”), is owned and operated by The Bower Foundation (the “Owner”).

This website provides users with access to information and materials about informing and helping teachers raise student fitness levels and, in turn, raise student achievement. These materials may include instructional videos, workout routines, lesson plans and forms and other information related to the Move To Learn Program (“Products and Services”) offered by Owner. The Website also contains text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively with all information and material about the Owner, Products and Services, “Content”).  This Website is intended for use only by users who are at least 18 years of age.

PLEASE NOTE: Your access to and use of this Website are subject to these terms of use (“Terms of Use”), as well as all applicable laws and regulations. Please read these Terms of Use carefully. If you do not accept and agree to be bound by any of these Terms of Use, you are not authorized to access or otherwise use this Website or any information, Content or Products and Services contained on this Website. Your access to and use of this Website constitutes your acceptance of and agreement to abide by each of these terms and conditions set forth below. These Terms of Use may be changed, modified, supplemented or updated by the Owner from time to time without advance notice by posting here and you will be bound by any such changed, modified, supplemented or updated Terms of Use if you continue to use this Website after such changes are posted. Unless otherwise indicated, any new Content, Products and Services added to this Website will also be subject to these Terms of Use effective upon the date of any such addition. You are encouraged to review the Website and these Terms of Use periodically for updates and changes.

If you have any questions about these Terms of Use, please contact us as described on www.movetolearnms.org.

Website Privacy Policy Statement – Our Website Privacy Policy Statement located at www.movetolearnms.org/privacy describes the details of the Owner’s information practices and procedures for personal information we collect at this Website.  We strongly urge you to read our Website Privacy Policy Statement.

Limited License and Site Access; All Rights Reserved – The Owner hereby grants you a limited license to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Owner (e.g., downloading of videos or application forms).  This license does not include any resale or commercial use of this Website or the Content; any derivative use of this Website or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of the Owner. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Owner without the Owner’s express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of Owner’s name(s) or service marks without the express written consent of their owners.  We (or the respective third party owners of Content) retain all right, title, and interest in this Website and any Content, features, Products and Services offered on this Website, including any and all intellectual property rights. We (or the respective third party owners of Content) reserve all rights not expressly granted.  Any unauthorized use terminates the permission or license granted by the Owner.

Availability of Products and Services – This Website may provide certain summary descriptions or other helpful information regarding Products and Services.  Owner attempts to be as accurate as possible; however, any such materials are intended to generally describe the Products and Services.

Website Intellectual Property – Except as otherwise expressly stated, all Content appearing on this Website is the work of Owner or its third party content suppliers and are protected by U.S. and international intellectual property laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of Owner and is protected by U.S. and international intellectual property laws. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. The Owner does not warrant or represent that your use of Content, Products and Services or any other materials displayed on this Website will not infringe rights of third parties.

Notice Regarding Copyright Agent

Owner respects the intellectual property rights of others and requests that Website users do the same. If you believe that any Content on this Website violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please provide a notice to the designated Copyright Agent (as set forth below) for the Website containing the following:

  • An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the Owner to locate the material;
  • The address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
  • A representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A representation that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Copyright infringement claims and notices should be sent to:

The Bower Foundation
578 Highland Colony Parkway, Suite 120
Ridgeland, MS 39157

Trademarks and Service Marks – Certain trademarks, including “Move to Learn”, and “Move2Learn” are the service marks and trademarks of Owner or one of its affiliates. The domain name for this Website, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of Owner. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorization of the Owner.

Ownership of information submitted via this Website – With the exception of any personal data or information you submit (which shall be maintained in accordance with our Privacy Policy Statement), any information you transmit to Owner via this Website, whether by direct entry, submission, e-mail or otherwise, including data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary.

You acknowledge and agree that by posting information to the site, you grant Owner a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform the information throughout the world in any media now known or hereafter created without attribution.

Such information may be used for any purpose, including, without limitation, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting.  Owner shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Owner via this Website or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information.

Connection Requirements – You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use this Website, and the Owner reserves the right to change the access configuration of this Website at any time without prior notice.

Prohibited Use – Any use or attempted use of this Website (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party’s use and enjoyment of the Website, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by the Owner to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by the Owner, or (vii) any use other than the business purpose for which it was intended, is prohibited.

In addition, in connection with your use of the Website, you agree you will not:

a) Upload or transmit any message, information, data, text, software or images, or other content (“Material”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;

b) Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Owner representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;

c) Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);

d) Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;

e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;

f) Use the Website’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);

g) Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise;

h) Violate any applicable local, state, national or international law;

i) Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;

j) Delete or revise any material posted by any other person or entity;

k) Manipulate or otherwise display the Website by using framing, mirroring or similar navigational technology or directly link to any portion of the Website other than the main homepage, www.movetolearnms.org, in accordance with the Limited License and Site Access outlined above;

l) Probe, scan, test the vulnerability of or breach the authentication measures of, this Website or any related networks or systems;

(m) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Products and Services if you are not expressly authorized by such party to do so;

(n) Harvest or otherwise collect information about others, including e-mail addresses; or

(o) Use any robot, spider, scraper, or other automated or manual means to access this Website, or copy any content or information on this Website.

The Owner reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user’s access and/or account. The Owner may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy Statement, the Owner reserves the right at all times to disclose any information as the Owner deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Owner’s sole discretion.

Right to Monitor – The Owner neither actively monitors general use of this Website under normal circumstances nor exercises editorial control over the content of any third party’s website, e-mail transmission, news group, or other material created or accessible over or through this Website. However, the Owner does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in the Owner’s sole discretion, may be illegal, may subject the Owner to liability, may violate these Terms of Use, or are, in the sole discretion of the Owner, inconsistent with the Owner’s purpose for this Website.

No Owner Editorial Control of Third Party Content; No Statement as to Accuracy – To the extent that any of the Content included in the Website is provided by third party content providers, Owner has no editorial control or responsibility over such Content. Therefore, any opinions, statements, products, services or other information expressed or made available by third party suppliers on this Website are those of such third party suppliers. The Owner does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on this Website or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with Owner.

Links to Third Party Websites – This Website may contain hyperlinks to other sites owned and operated by parties other than the Owner. Such hyperlinks are provided only for ready reference and ease of use.  We do not control such websites and cannot be held responsible for their content or accuracy and do not endorse these sites unless we specifically so state. In the event this Website provides hyperlinks to other websites that are not owned, operated or maintained by Owner, you acknowledge and agree that the Owner is not responsible for and is not liable for the content, products, services or other materials on or available from such websites. We accept no liability for any information, products, advertisements, content, services or software accessible through these third party websites or for any action you may take as a result of linking to any such website. Any such websites are likely to set forth specific terms of use and privacy policies that you should review. The Owner is under no obligation to maintain any link on this Website and may remove a link at any time in its sole discretion for any reason whatsoever. The Owner shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website.  Owner is not responsible for the privacy practices of any other websites.

Disclaimer – Content and other information contained on this Website has been prepared by the Owner as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. The Owner has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Content or other information contained in or linked to this Website or any other Website maintained by the Owner. Users relying on Content or other information from this Website do so at their own risk.

YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL CONTENT, PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND THE OWNER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND SATISFACTORY QUALITY. THE OWNER MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.

Limitation of Liability

YOU UNDERSTAND AND AGREE THAT THE OWNER WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE, PRODUCTS AND SERVICES OR CONTENT, THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS AND SERVICES OBTAINED FROM PURCHASES OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE WEBSITE, PRODUCTS AND SERVICES OR CONTENT. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE THE OWNER DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE.

Some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, therefore, some of the limitations above may not apply to you.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Notices – Any notices to you from the Owner regarding the Website or these Terms of Use will be posted on this Website or made by e-mail or regular mail.

Electronic Communications – When you visit this Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. 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 further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use.

General Provisions

Entire Agreement – These Terms of Use, the Privacy Policy Statement, and other policies the Owner may post on this Website constitute the entire agreement between the Owner and you in connection with your use of this Website, the Content and Products and Services, and supersedes any prior agreements between the Owner and you regarding use of this Website, including prior versions of these Terms of Use.

Governing Law; Jurisdiction; Venue; Severability of Provisions – The Terms of Use are governed by the laws of the State of Mississippi, without regard to any conflicts of law provisions.  All parts of these Terms of Use apply to the maximum extent permitted by law. If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. The section headings are for convenience and do not have any force or effect.

Password Accounts, Passwords, and Security – If you open an account on this Website, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, and choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to immediately notify the Owner of any unauthorized use of your account or any other breach of security of which you become aware. The Owner will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by the Owner or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

No Agency Relationship – Neither these Terms of Use, nor any Content, materials, features, or Products and Services of this Website create any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.

 

Remedies – You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate.  These remedies are in addition to any other remedies we may have at law or in equity.

 

You further acknowledge that if you submit a testimonial to us, we may use the contents of your testimonial to promote our services. By submitting a testimonial, you grant us the rights to use your name and any information you provide for promotional purposes and you waive any claim rights of publicity for such use.

 

Contacting Us – If you have any questions or concerns about these terms of use, please contact us here or at the mailing address provided below. We will attempt to respond to your questions or concerns promptly after we receive them.

The Bower Foundation
578 Highland Colony Parkway, Suite 120
Ridgeland, MS 39157

These terms of use were last updated and posted on October 15, 2012.