By making this purchase, you (“User”) are entering into a User Agreement (the “Agreement”) between you and Lori’s Movin & Groovin for Lori Adams Enterprises, LLC (the "Lori’s"), a corporation organized and existing under the laws of the State of Florida. Purchase of the materials constitutes good and valid consideration for entering into this Agreement.
Lori’s is the holder of certain rights to sell the Lori’s Materials, training and choreography, and uses Lori’s Materials in connection with educational services in the field of movement, training, and choreography for mobility for the elderly (“Services”). User represents and warrants that user will read Lori’s User training and desires to make use of Lori’s Materials User wishes to use such videos and music of Lori’s for their own personal use in assisting frail and/or elderly persons engage in movement.
In consideration of the foregoing, the mutual promises set forth below, and User’s purchase of Lori’s Materials, the Parties agree as follows:
All uses of Lori’s Materials must be made in accordance with this Agreement and cannot imply an affiliation with any third party, including an implied affiliation with any brand, organization or company, and/or with any individual not licensed hereunder. Where User wishes to use the name, logo or marks of a third party in connection with Lori’s Materials, User must obtain Lori’s and that third party’s prior approval.Lori’s owns and/or has rights and licenses to all right, title and interest in Lori’s Materials and User must not take any action inconsistent with Lori’s ownership thereof. User’s use of Lori’s Materials inures to the sole benefit of and is on behalf of Lori’s. In that regard, Lori’s shall own all rights in and to any Lori’s materials and/or instruction, including any copyright rights in the filming, recording, streaming, uploading or reproduction of such materials and/or training. Nothing in this Agreement gives User any right, title or interest in Lori’s Materials other than the right to use Lori’s Materials as permitted herein. User must not contest Lori’s ownership of Lori’s Materials, the validity or enforceability of Lori’s Materials, or the validity of this Agreement. User must not register or attempt to register any trademark, service mark, logo, copyright, trade name or business name that incorporates “Lori’s” or the Marks, or any derivations thereof, nor can User assist any party in doing so.
This Agreement is solely between User and Lori’s. All Lori’s materials distributed to User are the property of Lori’s and User. Any other use or distribution of such materials is prohibited. User must comply with all applicable laws, regulations and ordinances in the country, state and locality in which User utilizes Lori’s training and choreography, and must obtain all appropriate government approvals pertaining to providing User’s services, including any requirements for the instruction of frail and/or elderly persons.
User must not copy, duplicate, sell, distribute, upload, stream or otherwise disseminate any Lori’s materials, or their contents; training manuals; streams, CDs and/or DVDs. User must not use the Lori’s materials for purposes of promoting any workshop, training, instruction, choreography session, as part of a class, or other activity, or publicly perform any Lori’s video, including of User’s own classes, for a commercial purpose. User must not include third party intellectual property rights in utilizing Lori’s materials without Lori’s prior approval.
User must not film, record, stream live video, create DVDs or reproduce in any manner Lori’s content, or otherwise imitate Lori’s content, videos, training, choreography, or music. Lori’s claims all available rights to its Intellectual Property, and all available rights that Lori’s has licensed, and any unauthorized duplication, exhibition, distribution or use without Lori’s prior approval is prohibited.
User must promptly notify Lori’s of any unauthorized use of Lori’s Materials by a third party for which User becomes aware. Lori’s has the sole right and discretion to take action, including bringing action involving Lori’s Materials and retaining the proceeds of any settlement or recovery in such action. User agrees to cooperate with Lori’s in enforcing and protecting Lori’s Materials.
This Agreement will be construed in accordance with the laws of the U.S. and the State of Florida. Any legal action arising from or relating to this Agreement must be brought exclusively in a state or federal court located in Lee County, Florida. The Parties waive any challenge to personal jurisdiction or venue in those courts. The prevailing Party in any such action is entitled to recover its attorneys’ fees and costs. Any judgment by a court under this Section is fully enforceable in User’s place of residence.
Payment by User pursuant to this Agreement and/or completing the click-through process required to accept this Agreement shall be effective as an original signature and constitutes User’s acceptance to the terms hereof. User acknowledges that he/she has read and understands this Agreement in its entirety and that this Agreement may be modified at Lori’s discretion. Such changes may be effected by Lori’s posting of a change notice or new agreement on lorismovinandgroovin.com. Such modified terms are deemed incorporated herein and made part hereof. Lori’s will make commercially reasonable efforts to notify User of all modifications prior to implementation. The enforceability of such changes is not contingent upon actual notification, provided that Lori’s has posted the changes on lorismovinandgroovin.com. In the event User does not agree to abide by the terms of the Agreement, as modified, User’s sole remedy is to terminate this Agreement. User must monitor lorismovinandgroovin.com for changes to this Agreement.
The Parties’ relationship is that of seller and buyer. Nothing herein shall be construed as creating any partnership, joint venture, agency, franchise, sales representative or employment relationship between the Parties, nor shall Lori’s be deemed to be acting in a fiduciary capacity with respect to User. User has no authority to make or accept any offers or representations on behalf of Lori’s or to act for or bind Lori’s in any manner. User must not make statements or take actions that may contradict the relationship set forth herein or confuse or mislead any person regarding the nature of the Parties’ relationship.
Lori’s makes no representations or warranties, express or implied, with respect to the content, Lori’s rights, Lori’s Services, or any Lori’s-related products, including warranties of fitness, merchantability or non-infringement. Under no circumstances, or legal or equitable theory, whether in tort, contract, strict liability or otherwise, will Lori’s or Lori’s Related Parties be liable to User or any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with this Agreement, including damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of Lori’s has been advised of or should have known of the possibility of such damages. Lori’s makes no representation that the operation of Lori’s website(s) will be uninterrupted or error-free. Lori’s is not liable for the consequences of any interruptions or errors, although Lori’s will make commercially reasonable efforts to correct errors or interruptions. In no event will Lori’s be liable for any damages in excess of the Fees paid by User during the six-month period preceding the date on which a claim arises.
User agrees to indemnify, defend and hold harmless Lori’s and Lori’s Related Parties from any and all losses, liabilities, damages and expenses (including attorneys’ fees and costs) as a result of any claims, demands, actions or other proceedings made or instituted by a third party which arises out of any (i) criminal and/or negligent acts of User; (ii) breach by User of this Agreement; or (ii) other act or omission of User.
Use of Lori’s materials may not be safe or appropriate for everyone. Any information Lori’s may provide to User through a Lori’s training, in Lori’s materials, or on Lori’s website(s) regarding health and fitness is intended solely as educational aids and are not substitutes for medical advice. User is encouraged to seek medical advice before providing the Services, or if User experiences any medical condition affecting User’s ability to provide the Services. User must ensure that he/she complies with all applicable laws, regulations and ordinances governing the instruction of the frail or elderly in the country, state and locality where User is located. Lori’s and Lori’s Related Parties assume no responsibility for any consequence relating directly or indirectly from any action or inaction of User based on the information, services, or other material provided by Lori’s. While Lori’s strives to provide complete, up-to-date and accurate information on its website(s) and in other materials, Lori’s and Lori’s Related Parties do not guarantee, and will not be responsible or liable for, any damage or loss related to the accuracy, completeness, or timeliness of such information. User releases from liability, and holds harmless Lori’s and Lori’s Related Parties for any accident, injury, illness, death, loss, damage to person or property, or other consequences suffered by any person arising or resulting from User’s provision of the Services. If User is injured providing the Services, User assumes any financial obligations for any medical costs User may incur. Lori’s assumes no responsibility for any medical expenses, injury, or damages suffered by User, or User’s students, in connection with the provision of the Services.
Lori’s failure to enforce a provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or other provisions hereof. Lori’s reserves all rights not granted herein. To submit questions regarding this Agreement please visit the Contact Us page on lorismovinandgroovin.com and select “Legal Compliance”.
User represents and warrants that they are purchasing the Lori’s Materials for their own personal use, and will make no commercial use of the Lori’s Materials, will not provide such Lori’s Materials to any third party, directly or indirectly, nor will User charge any third party for the use of the Lori’s Materials.
The rights granted herein shall be limited to the non-exclusive right to use the Lori’s Materials for User’s own personal use. User shall have no right to offer the Lori’s Materials for sale or otherwise distribute, publish, grant any sub-licenses, sell, rent, convey, offer for download or otherwise exploit the Lori’s Materials. User shall not be permitted to create any derivative works based upon the Lori’s Materials.
User will use the Lori’s Materials only for User’s own personal use unless User obtains the necessary consents, permissions, licenses and other documents from recording companies, composers, musicians, musician unions or other labor unions, copyright owners and others with any interest in the Lori’s Materials or who performed on the Lori’s Materials, at User’s sole cost and expense and will not directly or indirectly violate the rights of such parties.
User shall be solely responsible for the use of the Lori’s Materials and for assuring compliance of with applicable laws and this Agreement. User shall hold Lori’s harmless from and against any and all claims related to the User’s use of the Lori’s Materials.
Music moves the body and the soul.