Terms and Conditions and Privacy Policy

Welcome! The material appearing on these websites, https://www.movementandcreativity.com, https://learn.movementandcreativity.com/ and www.LearnJKA.com  (the “Sites”), is provided as information about Movement and Creativity’s business, community, and people, and as a platform that supports online and in person connection and learning. The owner of the Sites, Movement and Creativity, LLC and its directors, agents, employees and affiliates assume no responsibility or liability for any consequence resulting directly or indirectly from any action or inaction you take based on the information on the Sites or material linked to the Sites. 

Any information on the Sites is provided for educational or informational purposes only and should not be relied upon as a professional opinion or medical advice. It is important to seek the attention and guidance of a licensed medical or mental health professional(s) if you have any concerns. By using the Sites, you accept and agree that following and using any information or recommendation provided on the Sites is at your own risk.  

TERMS AND CONDITIONS

Please read the following carefully! Your access to and use of the Sites are subject to legally binding terms and conditions, which you accept and agree to by accessing the Sites.

The following terms and conditions (“Terms and Conditions”) form a binding agreement (this “Agreement”) between you and Movement and Creativity, LLC, a Limited Liability Company operating out of the State of Massachusetts  (“Movement and Creativity”). Movement and Creativity may modify, amend, supplement and replace these Terms and Conditions at any time without providing you with advance notice. Your continued use of the Sites after any change means you have accepted the changed Terms and Conditions.

  1. Copyright. All materials created by Movement and Creativity on the Sites are protected by United States copyright laws as original works. The absence of a registered copyright symbol does not mean such materials are not protected as belonging to Movement and Creativity and their affiliates. 

  2. Content and Licensing. Movement and Creativity owns or licenses all material you see related to the Movement and Creativity services and products—things like text, images, videos, audio,  logos, and trademarks are all protected by law. When using our services, we're letting you use it for yourself only; as such, you can't sell it, share it, change it, make copies of it or use it in any way other than what it's meant for. We can stop you from using our services if you break these rules. Using our material without permission could break copyright and trademark laws, privacy, and other rules. Just because you see something on our site or app doesn't mean you are permitted to use it. You need our written permission first. We respect everyone's intellectual property. Movement and Creativity have the right but are under no obligation to remove content or accounts that we think are illegal, offensive, inappropriate, irrelevant, or that violate someone's intellectual property or these terms.

  3. Links to Third Party Websites. The sites may contain links to third-party websites. All such linked sites, materials and pages are not under the control of Movement and Creativity and Movement and Creativity is not responsible for the content contained in any linked website nor for any losses or damages you may incur as a result of the use of any third party website. Movement and Creativity accepts no liability for any errors or omissions in third-party websites. These links are provided to improve your use of the Sites, enable you to connect with Movement and Creativity on various platforms, help Movement and Creativity offer the easiest services for you and conduct transactions. 

  4. Use License. If Movement and Creativity has materials on the Sites that you can download, permission is granted to download copies of the materials for personal, non-commercial viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:

    4.1 Modify or copy the materials;

    4.2 Use the materials for any commercial purpose or for any public display (commercial or non-commercial);

    4.3 Transfer the materials to another person or “mirror” the materials on any other server.

      This license shall automatically terminate if you violate any of these restrictions and may be terminated by Movement and Creativity at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format. 

5. Refunds. Our refund policy is as follows: 

5.1 For courses, workshops, self-paced courses, retreats, books, and 1:1 sessions, Movement and Creativity charges a fixed fee (product, course or participation fee) for its product, service or participation in the training/ course offered. The fee (for all courses and training courses offered) is to be paid in principle before the start of the course, or the first payment of the agreed-upon payment plan is to be paid before the start of the program, with the last payment to be completed before the end of the program. If the participant cannot take part in a course segment due to time constraints or other reasons, the payment obligation for the missed segment still remains and, if necessary, will be credited towards a later participation in the corresponding course segment. There is generally no reimbursement for online or in-person course fees. A change to a different (later) course is only possible in exceptional cases if there is sufficient availability (space available) and with the consent of Movement and Creativity.

5.2 For memberships: Your membership subscription(s) will automatically renew monthly or annually with the credit card you joined with. If you originally signed up for a 7-day free trial promotion, your subscription will automatically renew monthly or yearly after your 7-day free trial unless you cancel your subscription. It is our aim that you will be completely happy with your membership and find the educational content supportive. However, we appreciate that there may come a time when you wish to leave the membership. In the first instance, as you have instant access to the membership resources, you will not be entitled to a refund of your subscription fees should you join and then wish to leave. Please consider the details of the membership carefully before purchasing and get in touch to ask any questions about suitability. You will not be entitled to a refund if you change your mind. Should you wish to update your credit card details or cancel your membership at any time, you can do so in your account settings here: https://learn.movementandcreativity.com/profile. After canceling your subscription, you will have access to the membership content for the remaining time in your monthly or annual membership. After your membership has expired, you will no longer be charged for future payments. If you joined via PayPal, you can cancel from inside your PayPal subscriptions settings or by emailing us at support@movementandcreativity.com

5.3 We reserve all rights to cancel any course, program or membership for any reason without prior notice. In such circumstances, a refund will be provided for the remainder of that month or year, as applicable.

5.4 We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

6. Disclaimer. We aim to share information in an informative, open, and honest way. Any information and services provided on or through the Sites are for informational and educational purposes only. What we share is the opinion and perspective of Movement and Creativity.  The information and education are not intended or implied to supplement or replace professional advice. Before taking any action, please make sure you consult with a professional. 

7. No Guarantees. We make no guarantees about any particular results or benefits that you’ll get from our Sites, our products or our services. We will do everything to give you the tools to succeed, but we make no guarantees. We cannot be clearer about this: we make no promises regarding results and make no guarantees whatsoever. 

8. Site Terms of Use Modifications. Movement and Creativity may revise these Terms and Conditions for its Sites at any time without notice. By continuing to use the Sites after Movement and Creativity modifies this Agreement, you are agreeing to be bound by the updated version of this Agreement.

9. Limitation of Liability. In no event shall Movement and Creativity or its affiliates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to view or use the materials or content on the Sites, even if Movement and Creativity has been notified orally or in writing of the possibility of such damage. 

10. Choice of Laws and Venue. The parties agree to irrevocably submit all claims relating to Movement and Creativity’s Sites to the exclusive jurisdiction of the courts of the State of Massachusetts without regard to its conflict of law provisions.

11. Indemnity. As a condition of your use of the Sites, you indemnify Movement and Creativity and its directors and affiliates from and against any and all liabilities, expenses (including legal fees) and damages arising from claims resulting or arising from your use of the Sites.

12. Entire Agreement. These Terms and Conditions and any other legal notices, policies and guidelines of Movement and Creativity linked to these Terms and Conditions or contained on the Sites constitute the entire agreement between you and Movement and Creativity relating to your use of the Sites and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter. This Agreement may not be amended or modified except by Movement and Creativity. If, for any reason, a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, that portion or provision shall be enforced to the maximum extent permissible so as to effectuate the intent of the parties as reflected by that provision, and the remainder of these Terms and Conditions shall continue in full force and effect. Failure by Movement and Creativity to enforce or exercise any provision of these Terms and Conditions shall not constitute a waiver of that right. Paragraph headings are for reference only.


PRIVACY POLICY

Movement and Creativity understands how important your privacy is. This privacy policy (the “Privacy Policy”) sets out the privacy policies and practices for Movement and Creativity, LLC and its subsidiaries and affiliates (collectively, “Movement and Creativity”) with respect to how Movement and Creativity collects your personal information. It also describes how Movement and Creativity maintains, uses, and discloses personal information. This Privacy Policy applies to your information collected by Movement and Creativity via the Sites. This Privacy Policy also outlines how you can access certain information that Movement and Creativity may collect about you.  

In this Privacy Policy, personal information means information about an individual whose identity is apparent or can be reasonably ascertained from the information as further defined under applicable privacy laws (“Personal Information”).

Please note that the Sites may contain links to third-party websites that Movement and Creativity does not control or operate. All of these third parties are listed in section 4.4 of this Agreement. This Privacy Policy does not apply to such third-party websites, and Movement and Creativity is not responsible for the content of such third-party websites or the privacy practices of such third parties. Movement and Creativity encourages you to request and review the privacy policies of any third parties upon disclosing your Personal Information to such parties or when visiting such third-party websites.

  1. Consent of Collection of Information. By submitting Personal Information to Movement and Creativity and its Sites or any of its service providers, you agree and consent to the collection of your Personal Information and consent to the use, disclosure and transfer of your Personal Information in accordance with the provisions of this Privacy Policy. You may always refuse or withdraw your consent by contacting Movement and Creativity at support@movementandcreativity.com. You understand that if you withdraw your consent, Movement and Creativity may not be able to continue to offer its services and provide its information to you.  

  2. Children Under 18. The Sites are not intended for children under 18 years of age. No one under the age of 18 may provide any Personal Information to or on the Sites. Movement and Creativity does not knowingly collect Personal Information from children under 18 without written consent from a parent or guardian. If you are under 18, do not use or provide any information on the Sites or through any of its features, register on the Sites, make any purchases through the Sites, use any of the interactive or public comment features of the Sites, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If Movement and Creativity learns we have collected or received Personal Information from a child under 18 without verification of parental consent, we will delete that information. If you believe Movement and Creativity might have any information from or about a child under 18, please contact us at support@movementandcreativity.com.

  3. Revisions to this Privacy Policy. Movement and Creativity reserves the right, in Movement and Creativity’s sole discretion, to change, modify, add or remove portions of this Privacy Policy at any time and from time to time without prior notice to you. Movement and Creativity will treat your continued use of the Sites following such revision as your acceptance of the revised terms. All revisions will be posted to the Sites and will apply to any Personal Information collected on or after the date posted. Movement and Creativity will obtain the necessary consents required under applicable privacy laws if it seeks to collect, use or disclose your Personal Information for purposes other than those to which consent has been obtained, unless otherwise required or permitted by law.

  4. What Personal Information does Movement and Creativity collect, and how is it processed? 

    4.1 What do we collect? Movement and Creativity may directly collect your name, address, phone number, billing address and email address. You may provide other information, but that will not be collected by Movement and Creativity but by the third parties it works with, as outlined in 4.4. 

    4.2 Email. We may send you a newsletter or other promotional materials through email. We will only contact you through our newsletter for promotional or informational purposes, and you will always be able to unsubscribe. This applies to any information you submit through our websites or provide to us in any other manner.

    4.3 Phone Number. We may collect your phone number, and we may contact you via phone to contact you or if we feel there is information that would be beneficial to share with you. In accordance with everything outlined in this Privacy Policy, if you do not want to be reached by phone, you can ask us not to contact you via phone, or you can choose not to share your phone number.

    4.4 Third Parties. Movement and Creativity may work with third-party applications to provide you with the best services on the Sites. These organizations may collect Personal Information from you in order to provide you with the services, including your name and contact information. Specifically, the third parties Movement and Creativity may work with on the Sites are listed below. We’ve included links to their privacy policies to ensure you are comfortable using them. 

    4.4.1 Squarespace: https://www.squarespace.com/privacy/,
    4.4.2 Stripe: https://stripe.com/privacy,
    4.4.3 Zoom: https://zoom.us/privacy,
    4.4.4 Google Drive: https://policies.google.com/privacy?hl=en,
    4.4.5 Wise: https://wise.com/gb/legal/privacy-policy,
    4.4.6 PayPal: https://www.paypal.com/va/webapps/mpp/ua/privacy-full,
    4.4.7 Hey Marvelous: https://www.heymarvelous.com/privacy,
    4.4.8 Kit: https://kit.com/privacy,
    4.4.9 Acuity: https://www.squarespace.com/privacy,
    4.4.10 Facebook: https://www.facebook.com/privacy/policy,
    4.4.11 Instagram: https://privacycenter.instagram.com/policy,
    4.4.12 Lightspeed: https://www.lightspeedhq.com/legal/privacy-policy/,
    4.4.13 Substack: https://substack.com/privacy,
    4.4.14 Jeremy Krauss*: https://jeremy-krauss.com/data-privacy-policy/
    *Only applies if you opt in for the LearnJKA newsletter or sign up for any products, purchased or free from www.learnjka.com.

  5. How will Movement and Creativity use your Personal Information? Your Personal Information will be used to provide you with promotional and informative materials and offers and deliver the products and services you can purchase or subscribe to from the Sites. Specifically: 

    5.1 Your credit card information will not be kept by Movement and Creativity but instead by one of the third parties listed in section 4.4 above;

    5.2 Your name and e-mail address are collected but will not actually be stored on the Sites. Any information captured will be processed through third-party websites in section 4.4 above;

    5.3 Your phone number may be used to contact you via phone if there is information we would like to share that we feel would benefit you;

    5.4 If you subscribe to our newsletter, your Personal Information will be used to send the newsletter to you;

    5.5 If we send you the Newsletter for marketing purposes, we will send you emails about promotions, special events and other information. You can opt not to receive these emails from us by either clicking “unsubscribe” at the bottom of the email when you receive it or by sending an email that includes your email address and a request that you not receive our promotional emails;

    5.6 We may use your Personal Information to respond when you submit a question or suggestion to us, or when you request assistance regarding a service or product you purchased.

    5.7 We may share your information if we believe in good faith that disclosure of your information is required to protect your safety or the safety of others, to investigate a fraud, or to respond to a government, judicial or other legal request or to comply with the law;

    5.8 We may also share certain aggregated, anonymized information with a third-party provider in order to assist us in improving the Sites.

  6. Storing Your Personal Information. Movement and Creativity’s web service may store your Personal Information when you interact with the Sites. Movement and Creativity will be happy to delete any of your personal information that it holds upon a written request from you. Your Personal Information will be safely disposed of by Movement and Creativity. 

  7. Storing Your Phone Number. Your phone number will be kept in the phone or contacts database of Movement and Creativity and associates. Wherever it is stored, it will always be protected with a password and will never be shared with third parties without your permission.

  8. Compliance. The Sites and Movement and Creativity abide by all relevant United States federal and State privacy laws in all aspects of our operations. This Privacy Policy is also compliant with GDPR and CCPA regulations. If you have any questions about our legal compliance, feel free to reach out to support@movementandcreativity.com. 

  9. Affiliate Relationships. Please assume that, for every recommendation or link we provide, the following holds true: we have become aware of a product or service that we think may be of interest to people who visit our websites. After we do our own research and decide this item is of value to ourselves, our community, or our clients, we choose to promote that item and are compensated when our readers click on the link or purchase the product or service. (That compensation comes from our affiliate, not you). Regardless of compensation, we only mention products and services that we believe in and feel would be a benefit to you.

  10. Do Not Track Signals. Movement and Creativity currently does not recognize or respond to browser-initiated Do Not Track (DNT) signals, as the Internet industry is currently still working on Do Not Track standards and there is no accepted standard on how to respond to such signals. 

  11. Analytics.  The Sites keep the following information from your visits to our webpage:

    11.1 We use visitor information to improve our customer engagement. This information tells us where and when people visit the Sites, how long they stay there and their IP information for website and server security.

  12. Cookies. The Sites use ‘cookies’ to record the number of times you’ve visited each Site and how you interacted with the Sites during each visit. In addition, the Sites also use cookies that are not absolutely essential for your use of the Sites. Your continued use of the Sites serves as consent for these cookies.

    12.1 A cookie is a small text file sent by these Site’s servers to your hard drive and can only be read and interpreted by the Site’s servers. No Personal Information is stored in the cookie, and nothing on it can identify you personally.
    12.2 Cookies have an important function in how you interact while visiting the Sites. They ensure the usability of these Site’s different features, help the Sites understand your preferences, and thus can improve your experience on the Sites. If you do not want cookies from the Sites, simply adjust the settings in your web browser to disable cookies. This may change how you access the Sites and render some of the Site’s features unusable, but of course, it is your choice to do so.

  13. Disclosure of Personal Information. Movement and Creativity will NEVER sell or license any Personal Information we collect from you. Movement and Creativity is not liable for any disclosure of your Personal Information by any third party, particularly the ones outlined in section 4.4 above. By purchasing the services and products offered by Movement and Creativity, you agree to be bound to and consent to the provisions of our third parties’ privacy policies. In the event that Movement and Creativity changes its practices, you will be notified, and you will be able to opt out of Movement and Creativity using your Personal Information by contacting us at support@movementandcreativity.com.

  14. Choice of Laws and Venue. This Privacy Policy and the use of the Sites are governed by the laws of the United States and the State of Massachusetts. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of Massachusetts. If a dispute arises, we agree to first resolve it through binding arbitration to take place in the State of Massachusetts. 

  15. Your Consent. By choosing to provide Movement and Creativity with your Personal Information you are consenting to its collection, use and disclosure in accordance with the principles outlined in this Privacy Policy. If you are under the age of 18, you must not provide any Personal Information to us without the consent of your parent or guardian, or as otherwise provided for by applicable law. 

  16. Protecting Your Privacy. Movement and Creativity is committed to protecting your privacy. Security measures, such as using passwords on servers and computers where Personal Information is stored, have been adopted to protect your Personal Information against loss or theft, unauthorized access, disclosure, copying, use or modification. Online transactions are completed using third party applications outlined in section 4.4 above. Please refer to the third parties’ privacy policies, of which links have been provided above, for clarification on how your transaction and Personal Information will be handled. Movement and Creativity makes no promises, warranties or representations about the manner in which third parties handle your Personal Information and bears no liability whatsoever for their use of them.

  17. Verifying your Identity. Movement and Creativity will ask you to verify your identity when you contact us or submit a request regarding your Personal Information. Movement and Creativity will ask you to provide sufficient information that allows us to reasonably verify that you are the person who we collected Personal Information about.  

  18. The Internet Can Be Unreliable. The internet is, by its nature, inherently open and subject to the interception of information. We cannot guarantee that the information you provide to Movement and Creativity over the internet or otherwise will not be intercepted by third parties while it is being communicated by means that are outside of Movement and Creativity’s control. 

  19. Verifying and Amending Your Personal Information. Movement and Creativity tries to ensure that all Personal Information about you that is in our possession is accurate, complete and up-to-date. Please contact us at support@movementandcreativity.com to advise us of any changes to your Personal Information. You may request access to the Personal Information held by Movement and Creativity at any time or seek to make corrections. 

  20. Arbitration. Any controversy or claim arising out of or relating to this Agreement or the breach of this agreement shall be settled exclusively by arbitration. You also agree that should arbitration take place, it will be exclusive to the courts of the State of Massachusetts or such other arbitrator mutually agreed upon by the parties. The arbitrator’s decision shall be final, binding on both parties and enforceable in any court of competent jurisdiction. The losing party shall bear the costs of the arbitration. The arbitration award shall be final and binding upon the parties, and the parties hereby waive any rights to appeal or challenge the award to the extent permitted by applicable law. This arbitration clause shall survive the termination or expiration of this contract.

  21. Resolving your concerns. If you have any questions or concerns about Movement and Creativity's Personal Information collection, use and disclosure practices, please let us know at support@movementandcreativity.com, and we will do our best to help you.