Disclaimer

GymmieMotion is a resource for parents, caregivers, and teachers who want to provide active play for their children.  We believe that fun physical activity provides a building block for a healthy lifestyle.  The Website located at http://www.gymmiemotion.com/ (the “Website”) is owned by GymmieMotion, Inc. and contains text, graphics, images, and other content (collectively “Content”), which are for informational purposes only.  Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.  Please use common sense when embarking on any exercise program for your children.  We specifically recommend that you seek the advice of a qualified health care professional with any questions you may have before embarking on any program advocated on the Website.  This Website does not constitute an attempt to practice medicine and your use of the Website does not establish a doctor-patient relationship. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website.  If you think you may have a medical emergency, call your health care professional or 911 immediately.

Reliance on any information provided by the Website is solely at your own risk.  THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, THAT THE INFORMATION PROVIDED THEREIN IS ACCURATE, COMPLETE OR UP TO DATE OR ANY GUARANTY OR ASSURANCE THAT THE WEBSITE WILL BE AVAILABLE FOR USE, OR THAT THE FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE WEBSITE, GYMMIEMOTION, INC. OR ITS SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, OR LICENSEES SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.

You understand and acknowledge that, in using the Website, including, without limitation, participating in one or more exercises or fitness activities, there is the possibility of physical or other injury, accidental or otherwise.  You understand and agree that, if you choose to use, or engage or participate in any activity listed on the Website that you do so voluntarily, of your own free will and at your own risk.

WEB COMMUNITIES, FORUMS AND POSTINGS

The Website may contain social forum services, for example Web logs (“Blogs”), Web communities, and other message and communication facilities (collectively “Communities”) that may provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, and messages with other users and/or with us and these are referred to as a “Post” or “Posting.”  GymmieMotion, Inc. reserves the right at all times, but does not have the obligation, to edit, refuse a post, or remove any Posting, in whole or part, that it deems inappropriate for inclusion in the Communities, for any reason or for no reason in its sole and absolute discretion.  Communities are public and not private and you should assume your Postings may be read by others, with or without your knowledge or permission.  You should not disclose or make available your personal information in any Posting or in any Community.

The Website does not represent or guarantee the truthfulness, accuracy, timeliness or reliability of user Postings.  YOUR USE OF THE COMMUNITIES IS SOLELY AT YOUR OWN RISK.  GYMMIEMOTION, INC. ASSUMES NO DUTY TO MONITOR POSTINGS WITHIN THE COMMUNITIES.  WE DO NOT REPRESENT OR GUARANTEE THE TRUTHFULNESS, ACCURACY OR RELIABILITY OF SUCH POSTINGS.  YOU SHOULD NEVER RELY UPON ANY POSTING AS BEING TRUE, ACCURATE OR GENUINE.

You understand, acknowledge and agree that Postings originating from any User ID are the sole responsibility of the individual associated with that User ID.  THIS MEANS THAT YOU, AND NOT US OR THE WEBSITE, ARE ENTIRELY RESPONSIBLE FOR THE CONSEQUENCES OF ALL POSTINGS ON THE WEBSITE ORIGINATING FROM YOUR USER ID. Postings do not reflect the views of GymmieMotion, Inc. or any of its affiliates.  In no event shall GymmieMotion, Inc. or any affiliates have or be construed to have any responsibility or liability for or in connection with any Posting whatsoever.  Accordingly, we may: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Communities and the Website; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this policy, including, without limitation, blocking specific IP addresses or deactivating your registration.

If a Posting originates from you or your User ID, you hereby agree that: (a) you are placing the Posting in the public domain without reservation of any rights or further control over the Posting or its use and you specifically authorize the GymmieMotion, Inc. and its affiliates to use such Posting in whole or in part, throughout the universe, and you are automatically granting us and our affiliates a royalty-free, fully-paid, perpetual, irrevocable, unrestricted, unconditional, non-exclusive license to use, reproduce, modify, publish, edit, adapt, create derivative works from, translate, distribute, perform, display and otherwise exploit such Posting and all elements thereof alone or as part of other works in any form, media, or technology, whether now known or hereafter developed or discovered, and to license and sub-license such rights through multiple tiers of sub-licenses, all without any notification or obligation to you, and without any compensation, attribution or otherwise; (b) you represent and warrant that (i) the Posting is original to you or fully cleared for use as contemplated herein, (ii) the Posting does not and will not, in any way, violate or breach any of the terms of this policy, (iii) the Posting does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any law, regulation or other governmental requirement or restriction, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be damaging or injurious to GymmieMotion, Inc. or any of its affiliates or any user, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting; (c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to place such Posting in the public domain and grant us and our affiliates the right to use such Posting as described above; and (d) we have the right to delete, re-format and/or change your Posting in any manner that we may determine in our sole and absolute discretion (although you will not be responsible for any such changes made).

If you believe that any Content on the Website (including, without limitation, any Posting) violates any of the terms of this policy, please notify us at the following address:

GymmieMotion, Inc.
4213 Franklin St.
Kensington, MD 20895
gail@gymmiemotion.com

While we will use commercially reasonable diligence to respond to your message, we cannot “guarantee” a response and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.