Terms & Conditions
TERMS AND CONDITIONS
Welcome to MoviVue LLC and/or its affiliates ("MoviVue LLC") provide website features
access to third party products and services to you when you visit or shop at www.movivue.com, use
MoviVue LLC products or services, use MoviVue LLC applications for mobile, or use software provided by
MoviVue LLC in connection with any of the foregoing.
MoviVue LLC provides these services subject to the following conditions.
Agreeing to These Terms & Conditions
We offer a range of services depending on your needs. Individuals come to MoviVue LLC.com to both post
and purchase content. A majority of these Terms and Conditions will apply to both individuals and suppliers. In
some cases, the responsibilities of individuals purchasing content and suppliers providing content vary. If these
Terms and Conditions are inconsistent with specific Service Terms, those Service Terms will apply.
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS
OF USE & SALE (THESE “TERMS”) BEFORE ACCESSING, USING, OR SUBSCRIBING OR PLACING
AN ORDER OVER WWW.movivue.com OR OTHER OF OUR SITES OR ONLINE
RESOURCES WHICH LINK TO THESE TERMS.
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES
INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR
RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A
CLASS ACTION (SEE SECTIONS 10, 14, 15, AND 16). ARBITRATION IS MANDATORY AND IS THE
EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 16.
THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.
General Use
The use of MoviVue LLC.com or other sites or online resources to which these Terms are linked
(each, a “Website”), owned and maintained by MoviVue LLC Consulting LLC (“MoviVue LLC,”
“we,” “our,” “us”), are governed by these Terms. We offer the Website, including all information,
tools, and services available from the Website to you, the user, conditioned upon your acceptance of
all terms and conditions stated herein. By accessing, using, subscribing, or placing an order over the
Website, you and your business (including any sub users you may have) agree to the terms and
conditions set forth herein. If you do not agree to these Terms in their entirety, you are not
authorized to use the Website in any manner or form whatsoever.
THIS IS A BINDING AGREEMENT. THESE TERMS TOGETHER WITH OUR PRIVACY
STATEMENT AND DATA PROCESSING ADDENDUM AND CODE OF ETHICS FORM A
LEGALLY BINDING AGREEMENT (THE “AGREEMENT”) BETWEEN YOU AND YOUR
BUSINESS (“YOU”) AND MoviVue LLC. THIS AGREEMENT GOVERNS YOUR
ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY MOVIVUE LLC, ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR
OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR
ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE
THROUGH THE WEBSITE. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT
FOR YOUR RECORDS.
MoviVue LLC reserves the right to update and change, from time to time, these Terms and all
documents incorporated by reference by posting updates and/or changes to our Website. It is
your responsibility to check this page periodically for changes. You can find the most recent
version of these Terms here. Use of the Website after such changes constitutes acceptance of
such changes. Any new features or tools which are added to the current Website shall also be
subject to the Terms.
Table of Contents
⦁ Website Use
⦁ Website User Conduct and Restrictions-License Terms
⦁ Our Privacy Statement and Your Personal Information
⦁ Information You Provide; Registration; Passwords; Prohibition Against Hosting Third-Party
Agency Accounts
⦁ Order Placement and Acceptance
⦁ Refunds
⦁ Subscription Terms and Automatic Payment
⦁ Shipping Fees
⦁ Products, Services, and Prices Available on the Website
⦁ Disclaimer - your business’ individual results will vary
⦁ Your responsibilities in running your business
⦁ Testimonials, reviews, and pictures/videos
⦁ Compliance with the law, including commitment against harassment and interference with
others
⦁ Disclaimers of other warranties
⦁ Limitations of liabilities
⦁ Dispute resolution by mandatory binding arbitration and class action waiver
⦁ MoviVue LLCs Additional Remedies
⦁ Indemnification
⦁ Notice and Takedown Procedures; Copyright Agents
⦁ Third-Party Links
⦁ Termination
⦁ No Waiver
⦁ Governing Law and Venue
⦁ Force Majeure
⦁ Assignment
⦁ Electronic Signature
⦁ Changes to the Agreement
⦁ Your Additional Representations and Warranties
⦁ Severability
⦁ Waiver of Class Action
⦁ Entire Agreement
⦁ Contacting Us
SECTION 1 – Website Use
The Website is intended for businesses operated by adults. If you use the Website, you are affirming
that you are at least 18 years old or the legal age of majority in your state or province of residence
(whichever is greater), operate a business, have the legal capacity to enter into a binding contract
with us, and have read this Agreement and understand and agree to its terms.
SECTION 2 – Website User Conduct and Restrictions-License Terms
All aspects of our Website are protected by U.S. and international copyright, trademark, and other
intellectual property laws, including all content, information, design elements, text material, logos,
taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and
audio clips, and downloads. No material on the Website may be copied, reproduced, distributed,
republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The MoviVue LLC
trademark and logo are proprietary marks of MoviVue LLC, and the use of those marks is strictly
prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or
otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress,
trade secret, or confidential information owned by MoviVue LLC.
Subject to your continued strict compliance with all Terms, MoviVue LLC provides to you a
revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferrable license to use
the Website. You acknowledge and agree that you do not acquire any ownership rights in any
material protected by intellectual property laws.
If you purchase a subscription to MoviVue LLC software over the Website, MoviVue LLC
provides to you a
revocable, limited, non-exclusive, non-sublicenseable, non-transferrable license to use the software.
You acknowledge and agree that: (1) the software is copyrighted material under United States and
international copyright laws that is exclusively owned by MoviVue LLC; (2) you do not acquire any
ownership rights in the software; (3) you may not modify, publish, transmit, participate in the transfer
or sale, or create derivative works from the content of the software; (4) except as otherwise expressly
permitted under copyright law, you may not copy, redistribute, publish, display or commercially
exploit any material from the software without the express written permission of MoviVue LLC;
and (5) in the event of any permitted copying (e.g., from the Website to your computer system), no
changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.
You agree not to use or attempt to use the Website, or any software provided by MoviVue LLC,
whether alone, or in conjunction with other software or hardware, in any unlawful manner or a
manner harmful to MoviVue LLC. You further agree not to commit any harmful or unlawful act or
attempt to commit any harmful or unlawful act on or through the Website or through use of any
software or hardware including, but not limited to, refraining from:
⦁ HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law;
infliction of harm to MoviVue LLC reputation; hacking and other digital or physical attacks
on the Website; scraping, crawling, downloading, screen-grabbing, or otherwise copying
content on the Website and/or transmitting it in any way we haven’t specifically permitted;
introducing, transmitting, or storing viruses or other malicious code; interfering with the
security or operation of the Website; framing or mirroring the Website; creating,
benchmarking, or gathering intelligence for a competitive offering; infringing another party’s
intellectual property rights, including failing to obtain permission to upload/transfer/display
works of authorship; intercepting or expropriating data; and the violation of the rights of
MoviVue LLC or any third party;
⦁ BUSINESS OPPORTUNITIES & MISLEADING OR STATEMENTS OF
MISREPRESENTATION. Any statement that may mislead a user into thinking that MoviVue LLC offers or supports “business opportunities.” This means you cannot say or imply that
MoviVue LLC or your product, services or content offers all the tools someone needs to
start and succeed in business regardless of education or experience; to the extent you are
offering a business-related service, it should not be directed to people who have no business
and no business experience. You must explain your product, service and/or content in an
accurate and non-misleading manner; do not misrepresent potential earnings, income or other
benefits; do not misrepresent the amount of sales or income a participant in a business could
reasonably expect to make; do not make earnings or income claims. More simply, do not
make guarantees like “do this and you will make money” or “follow these steps and you will
make money; do not state or suggest that financial success or making money is “easy” or does
not require hard work. In fact, you should state the opposite: that succeeding in business is
tricky and does require a lot of hard work, commitment and risk-taking. The foregoing are
merely examples of the types of claims that are prohibited. You are solely and exclusively
responsible for complying with all applicable laws in connection with your participation in
MoviVue LLC including, but not limited to, all laws governing marketing and advertising
claims.
⦁ “SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for
spam and unsolicited communications. Any communications sent or authorized by you
reasonably deemed “spamming,” or any other unsolicited solicitations (including without
limitation postings on social media or third-party blogs) will be deemed a material threat to
MoviVue LLC reputation and to the rights of third parties. It is your obligation, exclusively,
to ensure that all business communications comply with state and local anti-spamming or
analogous laws.
⦁ OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by you,
including without limitation postings on any website operated by you, or social media or blog,
which are: sexually explicit, obscene, vulgar, or pornographic; offensive, profane, hateful,
threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent;
or solicitous of unlawful behavior.
⦁ SENSITIVE INFORMATION. You will not import, or incorporate into, any contact lists or
other content you upload to any website, software, or other electronic service hosted,
provided by or connected to MoviVue LLC, any of the following information: social
security numbers, national insurance numbers, credit card data, passwords, security
credentials, bank account numbers, or sensitive personal, health or financial information of
any kind.
⦁ ILLEGAL BUSINESS ACTIVITY. Any promotion of illegal business activity, including
without limitation multi-level marketing (except in compliance with the FTC’s Business
Guidance Concerning Multi-Level Marketing, www.ftc.gov/tipsadvice/businesscenter/guidance/businessguidance-concerning-multi-level-marketing).
In addition to the foregoing, MoviVue LLC requires you to follow these best practices when
sending electronic communications:
You further agree to conduct yourself and all of your businesses in full compliance of our Code of
Ethics, and with all applicable laws, whether through the use of MoviVue LLC or otherwise.
SECTION 3 – Our Privacy Statement and Data Processing Addendum and Your Personal Information
We respect your privacy and the use and protection of your non-public, personal information. Your
submission of personal information through the Website is governed by our Privacy Statement and, if
you and/or your end users are located in the European Union or United Kingdom, our Data
Processing Addendum (“DPA”) as well. Our Privacy Statement may be viewed here and our DPA
may be viewed here. MoviVue LLC reserves the right to modify its Privacy Statement and DPA in
its reasonable discretion from time-to-time. Our Privacy Statement and DPA are incorporated into this
Agreement by reference.
SECTION 4 – Information You Provide; Registration; Passwords
As a MoviVue LLC user, you will be required to create an account with MoviVue LLC. You
warrant that the information you provide us is truthful and accurate, and that you are not
impersonating another person. You are responsible for maintaining the confidentiality of any
password you may use to access your MoviVue LLC user account, and you agree not to transfer
your password or username or lend or otherwise transfer your use of or access to your user account, to
any third party. You are fully responsible for all transactions with, and information conveyed to you
as MoviVue LLC Subscriber/User, including technical information, pricing, business strategy, and
data about other past or current MoviVue LLC users or their customers.
SECTION 5 – Order Placement and Acceptance
If you order a service or product, payment must be received by us before your order is accepted. We
may require additional information regarding your order if any required information was missing or
inaccurate and may cancel or limit an order any time after it has been placed. Your electronic order
confirmation, or any form of confirmation, does not signify our acceptance of your order. You must
contact us immediately at support@movivue.com. in order to modify or cancel your pending
order. We cannot guarantee that we will be able to amend your order in accordance with your
instructions.
All items are subject to availability. We will notify you if any item is not available, the expected
availability date, and may offer you an alternative product or service. If the availability of any product
or service is delayed and you do not wish to substitute the product or service, upon your request, we
will cancel your order and if previously charged, your payment card will be fully refunded for that
specific order. We reserve the right to limit the sales of our products and services to any person,
geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and
exclusive discretion.
Your purchase order of products and other services is conditioned on you re-affirming your
acceptance of this Agreement.
All advertised prices are in, and all payments shall be in, U.S. Dollars.
SECTION 6 - Refunds
MoviVue LLC has no refund or exchange policy.
Since the products made available are intangible, we cannot accept any request for refunds. As our
service are digital products, it is deemed "used" after being emailed, downloaded and/or opened.
If you are not happy with our services, your only recourse is to unsubscribe from using the services.
If you choose to stop using our services before the end of your billing cycle, you understand and
accept that we will not be able to offer a refund, whether partially or in full, for the remaining part of
your cycle.
For the sake of emphasis, we do not provide refunds, credit, or prorated billing for any canceled
subscription.
If you wish to cancel your subscription, please email: support@movivue.com.com. You must complete a
cancellation survey form prior to having your subscription cancelled, failure to submit your survey in
a timely manner may result you being liable for the next billing cycle. Once your survey has been
received our customer service can begin to process your cancellation request.
SECTION 7 – Subscription Terms and Automatic Payments
A MoviVue LLC user is responsible for paying all sums due to MoviVue LLC in connection with
their monthly subscription in accordance with these Terms. The first fee payable in accordance with
these Terms is due when the user account is set up and payment of the monthly fee is a condition of
access, or after your free trial ends and you have not canceled the automatic subscription with us.
Every calendar month, your account will be charged the subscription fee plus applicable tax for the
following month’s subscription, together with any other fees for the following month’s subscription
plus any accumulated charges for the past period (collectively “Fees”).
Failure by the MoviVue LLC user to use any of the services available through the service provided
by MoviVue LLC does not relieve the MoviVue LLC user of their payment obligations under these
Terms. Potential users can pay by credit card or debit card. Payment details shall be collected by us
through our secure financial data collection mechanism. You acknowledge and agree that we hold
data relating to the transaction, including the last four digits and the expiration date of the card used
to purchase the products or services together with details on when payment is due.
You further acknowledge and agree that payments are due on a recurring basis in accordance with the
payment terms for the specific service purchased (unless the subscription is cancelled in accordance
with these Terms) and therefore authorize the automatic payment collection terms applicable to that
specific service (e.g., on a monthly basis and for a specific amount).
IF YOU WISH TO CANCEL YOUR MoviVue LLC SUBSCRIPTION (INCLUDING
SUBSCRIPTIONS FOR SERVICES) AT ANY TIME AFTER A FREE TRIAL OR DISCOUNTED
PERIOD ENDS, YOU MUST SUBMIT A CANCELLATION REQUEST TO US VIA OUR
SUPPORT EMAIL ADDRESS SUPPORT@movivue.com. OR THROUGH YOUR
ACCOUNT DASHBOARD, AS DETAILED HERE. FOR MONTHLY SUBSCRIPTIONS
(INCLUDING SUBSCRIPTIONS FOR SERVICES), WE REQUIRE AT LEAST TEN (10) DAYS’
NOTICE OF CANCELLATION BY EMAIL. IF YOU PROVIDE SUCH NOTICE LESS THAN
TEN (10) DAYS BEFORE THE FIRST DAY OF YOUR NEXT SUBSCRIPTION MONTH.
MoviVue LLC reserves the right to immediately terminate a user’s account and/or service for any
unpaid (in whole or part) period of the subscription (with or without notice). Termination of service in
no way relieves or excuses the user from any obligation to pay outstanding charges or expenses. In
the event MoviVue LLC starts collection processes of any type, you will be liable for all collection
costs, including legal fees and expenses, as provided in Section 18 below. In addition to any Fees,
MoviVue LLC may also charge applicable value added or other tax. To find out more information
about becoming a MoviVue LLC Host and selling in our marketplace, as well as terms that
apply, please click here. For avoidance of doubt, all Sections of these Terms apply to you in
your role as a user and as a Host, unless expressly provided otherwise.
SECTION 8 – Shipping Fees
Unless otherwise stated on the Website at the time of purchase, if we ship you a physical product, we
reserve the right to add applicable shipping and handling fees to your order. Unless otherwise stated,
we will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt
of your properly completed and verified order. Accurate shipping address and phone number
information is required. Although we may provide delivery or shipment timeframes or dates, such
dates are good-faith estimates and are subject to change. If your order will be delayed, we will contact
you at the e-mail address you provided when placing your order. If we are unable to contact you or
you would like to cancel your order, we will cancel the order and refund the full amount charged. We
shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery
caused by any third-party carrier or other delivery service not owned or controlled by us. The risk of
loss and title for such items pass to you upon our delivery to any third-party carrier.
SECTION 9 – Products, Services, and Prices Available on the Website
Products, services, and prices are generally posted at the following URL, but are subject to change:
www.movivue.com. MoviVue LLC reserves the right, without notice, to discontinue products
or services or modify specifications and prices on products and services without incurring any
obligation to you. Except as otherwise expressly provided for in these Terms, any price changes to
your subscription or purchase of product(s) or services will take effect following email notice to you.
Price changes are effective on the first day of the month after the price change is posted. By
accessing, using, subscribing or placing an order over the Website, you authorize MoviVue LLC to
charge your account in the amount indicated for the value of the services you select, including any
future price changes. If you request a downgrade in services, the downgrade (and corresponding price
reduction) will become effective on the first day of the month following your requested downgrade.
By your continued use of MoviVue LLC services, and unless you terminate your subscription as
provided herein, you agree that MoviVue LLC may charge your credit card monthly for the products
and services you have selected, and you consent to any price changes for such services after e-mail
notice has been provided to you.
MoviVue LLC takes reasonable steps to ensure that the prices set forth on the Website are correct,
and to accurately describe and display the items available on the Website. If the correct price of our
product is higher than its stated price, we will, at our discretion, either contact you for instructions or
cancel your order and notify you of such cancellation.
When ordering products or services, please note that MoviVue LLC does not warrant that product or
service descriptions are accurate, complete, current, or error-free, or that packaging will match the
actual product that you receive. All sales are deemed final except as provided otherwise. MoviVue LLC descriptions of, or references to, products or services not owned by MoviVue LLC are not
intended to imply endorsement of that product or service or constitute a warranty by MoviVue LLC.
SECTION 10 – Disclaimer – Your Business’ Individual Results Will Vary
Every online business is different, employing different strategic approaches and organizational
structures, and offering different products and services. Therefore, individual results will vary from
user to user. YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A
VARIETY OF FACTORS UNIQUE TO YOUR BUSINESS, INCLUDING BUT NOT LIMITED
TO YOUR CONTENT, BUSINESS MODEL, AND PRODUCT AND SERVICE OFFERINGS.
MoviVue LLC does not promise, guarantee, or warrant your business’ success, income, or
sales. You understand and acknowledge that MoviVue LLC will not at any time provide sales
leads or referrals to you or your business. Those businesses who purchase our products or
services will receive access to software and tools to create Internet sales funnels and otherwise
assist with their respective online offerings. However, we do not guarantee your business’
success and based upon many market factors that we cannot control, the software and tools we
provide may or may not be applicable to your specific business.
Further, we do not make earnings claims, efforts claim, return on investment claims, or claims
that our software, tools, or other offerings will make your business any specific amount of
money, and it is possible that you will not earn your investment back. We do not sell a business
opportunity, “get rich quick” program, guaranteed system, franchise system, or a business in a
box. You should not purchase our products or services if that is your expectation.
Instead, you should purchase with the understanding that using the information and software
purchased will take time and effort and may be applicable in some situations but not others.
Also, we do not offer any tax, accounting, financial, or legal advice. You should consult your
business’ accountant, attorney, or financial advisor for advice on these topics.
SECTION 11 – Your Responsibilities in Running Your Business
You represent and warrant that you operate a business in good-standing and you agree that there are
no prior or pending government investigations or prosecutions against you or your business. You also
agree that you and your business will only use MoviVue LLC products and services for lawful
purposes and that you shall not use such products or services, whether alone or in connection with
other software, hardware, or services, for any unlawful or harmful purpose.
You are solely and exclusively responsible for complying with any and all applicable laws and
regulations in running your business, including, but not limited to, all laws governing advertising and
marketing claims, subscriptions, refunds, premium offers, tax laws, and all additional laws applicable
to your business.
You agree to notify MoviVue LLC if any investigation or lawsuit is threatened or filed against you,
whereupon MoviVue LLC shall have the right to terminate this Agreement without liability. Movivue LLC shall have no liability for your violation of any laws.
You are solely and exclusively responsible for collecting and reporting any and all sales and
use tax, and any other taxes, which may apply to sales of products or services by your
business.
MoviVue LLC shall not be responsible to collect or report any taxes which may apply to your
business or sales of products or services by your business. You agree to indemnify MoviVue LLC as
set out in Section 19 below in the event that you and/or your business violates any law, and a claim is
threatened or asserted against MoviVue LLC as a result.
SECTION 12 – Testimonials, Reviews, and Pictures/Videos
MoviVue LLC is pleased to hear from users and customers and welcomes your comments regarding
our services and products. MoviVue LLC may use testimonials and/or product reviews in whole or
in part together with the name, city, and state of the person submitting it. Testimonials may be used
for any form of activity relating to MoviVue LLC services or products, in printed and online media,
as MoviVue LLC determines in its sole and exclusive discretion. Testimonials represent the unique
experience of the participants and customers submitting the testimonial, and do not necessarily reflect
the experience that you and your business may have using our services or products. As set forth
above in Section 11, your business’ results will vary depending upon a variety of factors unique to
your business and market forces beyond MoviVue LLC control. Note that testimonials, photographs,
and other information that you provide to us will be treated as non-confidential and nonproprietary,
and, by providing them, you grant MoviVue LLC a royalty-free, worldwide, perpetual, nonexclusive
and irrevocable license to use them.
Additionally, MoviVue LLC reserves the right to correct grammatical and typing errors, to shorten
testimonials prior to publication or use, and to review all testimonials prior to publication or use.
MoviVue LLC shall be under no obligation to use any, or any part of, any testimonial or product
review submitted.
You may post reviews, comments, photos, videos, and other content; send e-cards and other
communications; and submit suggestions, ideas, comments, questions, or other information, so long
as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of
intellectual property rights (including publicity rights), or otherwise injurious to third parties or
objectionable, and does not consist of or contain software viruses, political campaigning, commercial
solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic
messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise
mislead as to the origin of a card or other content. MoviVue LLC reserves the right (but not the
obligation) to remove or edit such content but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant MoviVue LLC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use,
reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and
display such content throughout the world in any media. You grant MoviVue LLC and sublicensees
the right to use the name that you submit in connection with such content if they choose. You
represent and warrant that you own or otherwise control all of the rights to the content that you post;
that the content is accurate; that use of the content you supply does not violate this policy and will not
cause injury to any person or entity; and that you will indemnify MoviVue LLC for all claims
resulting from content you supply. MoviVue LLC has the right but not the obligation to monitor and
edit or remove any activity or content. MoviVue LLC takes no responsibility and assumes no
liability for any content posted by you or any third party.
SECTION 13 – Compliance with the Laws, Including Commitment
Against Harassment and Interference with Others (“Targeting”)
As a MoviVue LLC user, you must comply with all laws, both U.S. and foreign, including, but not
limited to, laws prohibiting deceptive and misleading advertising and marketing, e-mail marketing
laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), telemarketing laws (including the
federal Telephone Consumer Protection Act (47 U.S.C. § 227) and the Federal Trade Commission’s
Telemarketing Sales Rule (16 C.F.R. § 310)), laws governing testimonials (including the Federal
Trade Commission’s Revised Endorsements and Testimonials Guides (16 CFR Part 255)), and/or any
similar laws, laws relating to intellectual property, privacy, security, terrorism, corruption, child
protection, or import/export laws. You are solely responsible for ensuring their compliance with all
applicable laws, rules, regulations, and court orders of any kind of any jurisdiction applicable to you
and your business, and any recipient to whom you send digital messages using our products or
services. You have the responsibility to be aware of, understand, and comply with all applicable laws
and ensure that you and all users of your account comply with such applicable laws at all times.
If you use any messaging software, or any other messaging system or other software or hardware
provided by you or a third-party, you agree that you will follow all applicable laws with respect to
sending messages, including without limitation the federal Telephone Consumer Protection Act. You
further agree to indemnify and defend MoviVue LLC from any claims, damages, losses, and
lawsuits of any kind or nature that may be made or brought against MoviVue LLC relating in any
way to your violation of law or third-party rights by use or misuse of any messaging software or
hardware, whether provided by MoviVue LLC. You further understand and agree that MoviVue LLC has no control over, and therefore cannot be responsible for, the functionality or failures of
any third-party software, including without limitation Facebook, Facebook Messenger, and internet
browser notifications. MoviVue LLC DOES NOT WARRANT THAT ANY MoviVue LLC
MESSAGING SOFTWARE WILL BE COMPATIBLE WITH ANY THIRD-PARTY SOFTWARE.
YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR YOUR USE OF ANY AND
ALL MESSAGING SOFTWARE AND/OR HARDWARE.
COMMITMENT AGAINST TARGETING AND HARASSMENT AND INTERFERENCE WITH
OTHERS. You must not use our services, whether alone, or in connection with other software or
hardware, to: (i) store, distribute, or transmit any malware or other material that you know, or have
reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing,
harmful, disruptive, or abusive; or (ii) commit, promote, aid, or abet any behavior, which you know,
or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing,
harassing, harmful, disruptive, or abusive.
SECTION 14 – Disclaimers of Other Warranties
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:
THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO,
AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES
AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY,
ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE
DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE
OF THE WEBSITE OR ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED
OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE,
SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE, SOFTWARE, OR SERVICES WILL
MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE
ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES,
SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY
YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR
EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR
(F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS,
REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY
OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
SECTION 15 – Limitations of Liabilities
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT
SHALL MoviVue LLC OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS,
EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS,
AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS
OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY
STATEMENT, THE SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY’S USE OR
ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT,
REGARDLESS OF WHETHER MoviVue LLC HAS HAD NOTICE OF THE
POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES,
WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF
GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR
ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR
OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES
ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR
BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY),
WARRANTY, OR OTHERWISE.
IN NO EVENT SHALL MoviVue LLCS LIABILITY TO YOU OR YOUR BUSINESS
EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO MOVIVUE LLC FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING
RISE TO A CLAIM AGAINST MoviVue LLC OCCURRED OR TWO-THOUSAND
DOLLARS ($2,000), WHICHEVER IS GREATER.
SECTION 16 – Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR
AND YOUR BUSINESS’ RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AND
YOUR BUSINESS AGREE THAT ANY CLAIM THAT YOU OR YOUR BUSINESS MAY
HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING
CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND
YOUR BUSINESS ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT
YOU AND YOUR BUSINESS WOULD HAVE IF YOU WENT TO COURT, SUCH AS
DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.
YOU AGREE THAT YOU AND YOUR BUSINESS MAY ONLY BRING A CLAIM IN AN
INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS
MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU
FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS
OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR
CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN
ARBITRATIONAWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN
INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING
INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST
FOLLOW THESE TERMS AS A COURT WOULD.
If you have a complaint, dispute, or controversy, you agree to first contact us at
support@movivue.com. to attempt to resolve the dispute or controversy informally. Any
controversy or claim arising out of or related to the use of the Website, any product, service, or
software, these Terms, the Privacy Statement, any affiliate agreement, or your relationship with us
that cannot be resolved through such informal process or through negotiation within 120 days shall
be resolved by binding, confidential arbitration administered by the American Arbitration Association
(“AAA”), and judgment on the award rendered may be entered in any court having jurisdiction
thereof. We agree that any claim we may have against you or your business will also be subject to his
arbitration provision, except as provided in Sections 20 and 21 below. The arbitration will be
conducted by a single neutral arbitrator in the English language in State of Wyoming, unless we both
agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected
by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the
AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial
Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration.
The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall
have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction,
validity, applicability, or enforceability of these Terms and Conditions of Use and Sale, the Privacy
Statement, this arbitration provision, and any other terms incorporated by reference into these Terms
and Conditions of Use and Sale. The arbitrator shall have the exclusive and sole authority to
determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority
to determine whether this arbitration agreement can be enforced against a non-signatory to this
agreement and whether a non-signatory to this agreement can enforce this provision against you or
MoviVue LLC.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all
other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but
not limited to, those for any attorneys, experts, documents, and witnesses.
The arbitrator shall follow the substantive law of the State of Wyoming without regard to its conflicts of
laws principles. Any award rendered shall include a confidential written opinion and shall be final,
subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the
award rendered by the arbitrator may be entered in any court of competent jurisdiction.
You and MoviVue LLC agree that disputes will only be arbitrated on an individual basis and shall
not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other
proceedings that involve any claim or controversy of any other party. You and MoviVue LLC
expressly waive any right to pursue any class or other representative action against each other.
Failure or any delay in enforcing this arbitration provision in connection with any particular claim
will not constitute a waiver of any rights to require arbitration at a later time or in connection with
any other claims except that all claims must be brought within 1 year after the claim arises (the 1 year
period includes the 120 day informal resolution procedures described above).
This arbitration provision sets forth the terms and conditions of our agreement to final and binding
confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9
U.S.C. §§ 1-16, as amended.
This provision survives termination of your account or relationship with MoviVue LLC, bankruptcy,
assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability
would allow arbitration to proceed as a class or representative action), then this entire arbitration
provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision
(other than the class action waiver) is deemed unenforceable, the remaining portions of this
arbitration provision shall remain in full force and effect.
YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT TO
LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND
TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU
UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND
ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN
ACCORDANCE WITH THIS ARBITRATION PROVISION.
SECTION 17 – MoviVue LLCs Additional Remedies
In order to prevent or limit irreparable injury to MoviVue LLC, in the event of any breach or
threatened breach by you of the provisions of this Agreement or any infringement or threatened
infringement by you of the intellectual property of MoviVue LLC or a third-party, MoviVue LLC
shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or
other equitable relief from a court of competent jurisdiction located in State of Wyoming restraining
such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement
shall be construed as prohibiting MoviVue LLC from pursuing in court any other remedies available
to it for such breach, threatened breach, infringement, or threatened infringement, including the
recovery of monetary damages from you and your business. You and your business hereby
irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts of the
State of Wyoming for all such claims, and forever waive any challenge to said courts’ exclusive
jurisdiction or venue.
SECTION 18 – Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless MoviVue LLC, its directors, officers, employees, shareholders, licensors, independent contractors,
subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any
and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind,
including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution,
arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or
attempt to use the Website, software, products, or services, (2) information you submit or transmit
through the Website, (3) your breach of these Terms, the documents they incorporate by reference,
the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your
violation of any law or the rights of a third-party.
SECTION 19 – Notice and Takedown Procedures; Digital Millennium Copyright Act
If you believe that materials or content available on the Website infringes any copyright you own, you
or your agent may send MoviVue LLC a notice requesting that MoviVue LLC remove the
materials or content from the Website. If you believe that someone has wrongly filed a notice of
copyright infringement against you, you may send MoviVue LLC a counter-notice. Notices and
counter-notices should be sent to MoviVue LLC, 1309 Coffeen Avenue STE 1200 Sheridan, Wyoming 82801
or by e-mail to support@movivue.com.com. These Terms fully incorporate by
reference the DMCA Policy.
SECTION 20 – THIRD-PARTY LINKS
The Website may contain links to other websites. The views, information or opinions expressed on or
during any MoviVue LLC or otherwise publicized on our online and mobile resources are solely
those of the creating authors or contributors and not those of MoviVue LLC Consulting, LLC or
either of its parent companies. Further, MoviVue LLC Consulting, LLC is not responsible for and
does not verify the accuracy of any of the information contained in any MoviVue LLC or content.
The primary purpose of these resources is to educate, inspire and inform. Some authors’ or
contributors’ content may discuss strategies and methods for earning income in business, and you
should feel free to reach out to those authors or contributors about their proof that such strategies and
methods work. MoviVue LLC assumes no responsibility for the content or functionality of any non-MoviVue LLC website to which we provide a link. Please see our Privacy Statement for more
details.
SECTION 21 – Termination
This Agreement will take effect (or shall re-take effect) at the time you click “ACTIVATE MY
ACCOUNT NOW,” “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”,
“I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the
Website, respond to a request for information, begin installing, accessing, or using the Website,
complete a purchase, select a method of payment, and/or enter in payment method information,
whichever is earliest. If, in our sole discretion, you fail, or we suspect that you have failed, to comply
with any term or provision of the Agreement or violated any law, whether in connection with your use
of MoviVue LLC or otherwise, we may terminate the Agreement or suspend your access to the
Website at any time without notice to you. Sections 11, 19, 21 through 31 of this Agreement, as well
as any representations, warranties, and other obligations made or undertaken by you, shall survive the
termination of this Agreement and/or your account or relationship with MoviVue LLC. Upon
termination, you remain responsible for any outstanding payments to MoviVue LLC.
SECTION 22 – No Waiver
No failure or delay on the part of MoviVue LLC in exercising any right, power or remedy under this
Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power,
or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of
any other rights, power, or remedy under this Agreement. A waiver of any right or obligation under
this Agreement shall only be effective if in writing and signed by MoviVue LLC.
SECTION 23 – Governing Law and Venue
This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or your
access to or use of the Website, our Privacy Statement or any matter concerning MoviVue LLC,
including your purchase and use or attempted use of any service or product, shall be governed
exclusively by the laws of State of Wyoming without regard to its conflicts of laws principles. To the
extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent
jurisdiction to be excluded from the arbitration agreement in Section 17 above, the parties agree any
such claim or dispute shall be exclusively brought in and decided by the state or federal courts located
in the State of Wyoming , and you hereby irrevocably consent to the exclusive personal jurisdiction of,
and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive
jurisdiction or venue. All such claims must be brought on an individual and non-class,
nonrepresentative basis, and you forever waive any right to bring such claims on a class wide or
representative basis.
SECTION 24 – Force Majeure
MoviVue LLC will not be responsible to you for any delay, damage, or failure caused or occasioned
by any act of nature or other causes beyond our reasonable control.
SECTION 25 – Assignment
MoviVue LLC may assign its rights under this Agreement at any time, without notice to you. Your
rights arising under this Agreement cannot be assigned without MoviVue LLC (or its assigns’)
express written consent.
SECTION 26 – Electronic Signature
All information communicated on the Website is considered an electronic communication. When you
communicate with MoviVue LLC through or on the Website or via other forms of electronic media,
such as email, you are communicating with the company electronically. You agree that we may
communicate electronically with you and that such communications, as well as notices, disclosures,
agreements, and other communications that we provide to you electronically, are equivalent to
communications in writing and shall have the same force and effect as if they were in writing and
signed by the party sending the communication.
SECTION 27 – Changes To The Agreement
You can review the most current version of the Terms at any here. We reserve the right, at our sole
discretion, to update, change or replace any part of the Agreement, including the Privacy Statement
located at Privacy Statement by posting updates and changes to our Website. It is your responsibility
to check our Website periodically for changes. Your continued use of or access to our Website
following the posting of any changes to the Agreement constitutes acceptance of those changes.
SECTION 28 – Your Additional Representations and Warranties
You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the
legal age of majority in your jurisdiction, whichever is greater; (2) that you own, operate, and/or have
the right to bind the business for which you are using the Website; (3) have read this Agreement and
thoroughly understand and agree to the terms contained in this Agreement; and (4) that you will not
resell, re-distribute, or export any product or service that you order from the Website. You further
represent that MoviVue LLC has the right to rely upon all information provided to MoviVue LLC
by you, and MoviVue LLC may contact you and your business by email, telephone, or postal mail
for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii)
inquiries about any orders you placed, or considered placing, on or through the Website.
You further represent and warrant that there are no prior or pending government investigations or
inquiries of, or prosecutions against you, or any business related to you, by the Federal Trade
Commission, any other federal or state governmental agency, or any industry regulatory authority,
anywhere in the world, nor any prior or pending private lawsuits against you. If at any time during the
life of the Agreement you, or any business related to You, becomes the subject of a government
investigation, inquiry, or prosecution by the Federal Trade Commission, any other federal or state
governmental agency, or any industry regulatory authority anywhere in the world, or the subject of
any lawsuit, you will notify MoviVue LLC of the same within 24 hours. MoviVue LLC, at its sole
discretion, may terminate the Agreement based on any investigation, proceeding, or lawsuit identified
pursuant to this paragraph or otherwise discovered by MoviVue LLC without incurring any
obligation or liability to you.
SECTION 29 – Severability
If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent
jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and
shall continue in full force and effect and such provision may be modified or severed from this
Agreement to the extent necessary to make such provision enforceable and consistent with the
remainder of the Agreement.
SECTION 30 – Waiver of Class Action
If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual
basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on
bases involving claims brought in a purported representative capacity on behalf of the general public
other Cardholders or other persons similarly situated. The arbitrator’s authority to resolve Claims is
limited to Claims between you and us alone.”
SECTION 31 – Entire Agreement
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in
respect to the Website constitutes the entire agreement and understanding between you and your
business and MoviVue LLC and governs your access to and use of the Website and your ordering,
purchasing, and use and/or attempted use of any service or product, and supersedes and replaces any
prior or contemporaneous agreements, representations, communications, and proposals, whether oral
or written, between you and MoviVue LLC. We may also, in the future, offer new services and/or
features through the Website. Such new features and/or services shall also be subject to these Terms,
the Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in
the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
SECTION 32 – Contacting Us
We encourage our customers to contact us with questions or comments about our products and
services. Please feel free to do so by sending an e-mail to support@movivue.com.com.
If you have any questions or inquiries concerning any of the Terms, you may contact MoviVue LLC
by email at support@movivue.com.com. or by regular mail at 1309 Coffeen Avenue STE 1200 Sheridan, Wyoming 82801