Welcome and thank you for your interest in the Movara Fitness LLC website (the “Website”) owned and operated by Movara Fitness, LLC (the “COMPANY,” “We,” “Our,” or “Us”).
Please read these Terms of Use carefully. By accessing or using in any way, without limitation, materials from this website or merely browsing this Website, you agree and are bound by these Terms of Use.
Movara reserves the right to change the Terms of Use at any time, without prior notice to any Website visitor (“User”). Please review this page often to understand changes We made, as they are binding on you.
These Terms of Use also include Our Privacy Policy, which sets out the terms on which We process personal data We collect from you, or that you provide to Us. Please see Movara’s Privacy Policy relating to the collection and use of your information. By using this Website or or “application,” you acknowledge and agree that this Privacy Policy, including but not limited to the manner in which Movara collects, uses, and discloses User’s personally identifiable information, is incorporated and made part of these Terms of Use.
By using Our website, you confirm your acceptance of these Terms of Use and all subsequent changes. If you do not agree to these Terms of Use, you must not use Our Website. If you breach any of the Terms of Use, your authorization to use this Website automatically terminates, and any of the Materials downloaded or printed from this Website must be immediately destroyed.
Your User’s personally identifiable information will be collected in accordance with the privacy policy. We will not share, rent, or sell your personal information, including mobile numbers, to third parties unless you give consent.
You affirm that you are either more than 18 years of age or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
IF YOU DO NOT AGREE TO BE BOUND BY SUCH AGREEMENTS, THEN YOU MUST IMMEDIATELY CEASE ACCESS, BROWSING OR OTHERWISE USE OF THE SITE OR THE SERVICES.
Resort Reservations
- Guests are required to make a $500 deposit per person, per week, to confirm their reservation.
- The remaining balance is automatically processed three weeks prior to the scheduled arrival date.
- Cancellation or date change requests made after remaining balance has been processed (within three weeks prior to arrival) will result in payments being held as credit for future use within the next 12 months. All payments are non-refundable.
- If you are canceling or requesting a date change less than one week prior to your scheduled arrival, your payment will be held to use as credit within the next 12 months. Additionally, a $300 rescheduling fee will be charged.
- If you are canceling or requesting a date change less than 72 hours prior to your scheduled arrival, 50% of your payment will be held for you to use as credit within the next 12 months and50% of your weekly rate will be forfeit.
- If you are marked as a no call, no show on arrival day you will forfeit the full amount for that week. This means none of your payment for that week will be available as future credit.
Disclaimers
General: The content of this Website is for informational purposes only. It is not intended in any way to amount to advice on which you should rely.
Movara makes reasonable efforts to update the information on Our website. We make no guarantees, whether expressed or implied, that the content on Our website is accurate, complete, or up-to-date.
Medical: The content of this Website, such as text, graphics, images, information obtained from Movara’s licensors, and other Material contained on this Website are for informational purposes only and are not intended in any way to substitute for professional medical advice, diagnosis, or treatment. Users are encouraged to develop a professional relationship with physicians and other medical practitioners and regularly consult with them to seek their advice. Never disregard professional medical advice or delay in seeking it because of something you have read, viewed, or heard on this Website. Users should review any information supplied to or on this Website with their own medical professional.
Since no physician/patient relationship exists between you and Movara, please do not share personal medical information that you wish to keep confidential. Information you provide is not protected under confidentiality laws that protect physician/patient communications. Please carefully select what you choose to disclose. In addition, while Movara attempts to prevent unauthorized access to Our Website files, such access may occur.
Intellectual Property Rights
A. Copyright Information and Personal and Non-Commercial Use Limitation
All Materials and the compilation of all content included on this Website are owned or licensed by Movara and protected by United States and international copyright laws. Copyright © 2003-2024. CR License, LLC. All Rights Reserved. Movara does not claim ownership of Copyrights owned by third parties.
You have been granted a license to view and use the Website Materials subject to these Terms of Use. Unless otherwise specified, the Materials on this Website are for your personal and non-commercial use. You may not sell or modify Website Materials or reproduce, display publicly, or otherwise use the Website Materials in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from Movara. Users may not provide copyrighted or other proprietary information to Movara without permission from the owner of such material or rights. Users are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures.
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on this Website;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an email address at which the complaining party may be contacted;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Movara’s Designated Agent is:
Movara
290 Fitness Wy, Ivins, UT 84738
info@movara.com
Trademarks
You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by COMPANY, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of COMPANY. For information on requesting such permission, please contact Us using the contact information listed in the section entitled “Contacting Us.”
Ideas and Inventions
All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to Movara in connection with your use of this Website shall be the exclusive property of Movara. User agrees that unless otherwise prohibited by law, Movara may use, sell, exploit, and disclose the Ideas in any manner, without restriction and without compensation to User.
Linking
If you have a website and wish to establish temporary or permanent links from your website to this Website, you must request and receive written permission from us.
Disclaimers and Limitation of Liability
User expressly agrees that use of Movara’s Website and service is at User’s sole risk. Neither Movara, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, “Providers”), or the like, warrant that websites affiliated with Movara, including but not limited to this Website, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products, and services published on this Website may contain inaccuracies or typographical errors. The Providers make no warranty as to the results that may be obtained from the use of Movara’s Website or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through Movara’s Website.
This website is provided by Movara on an “as is” and “as available” basis. To the fullest extent permissible by applicable law, Movara and the providers disclaim all implied warranties, including but not limited to, implied and statutory warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.
Movara and the providers make no representations or warranties of any kind, expressed or implied, as to the operation of the website, security of the website, the availability of any services offered on or through the website, or the information, content, materials or products, included on this website. Any materials downloaded or otherwise obtained through the use of the website is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. You expressly agree that your use of this website is at your sole risk.
No oral advice or written information given by Movara nor its affiliates, nor any of their officers, directors, employees, agents, providers, or the like, shall create a warranty of any kind; nor shall user rely on any such information or advice.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
If you are dissatisfied with this Website and/or Materials, your sole and exclusive remedy is to discontinue your use of this Website.
Limitation of Liability
Movara does not guarantee the continuous, uninterrupted, or secure access to this website or any related services. The operation of this website may be interfered with by numerous factors outside the control of Movara.
You expressly understand and agree that Movara and the providers will not be liable for any damages of any kind arising from the use of or inability to use this website, including but not limited to direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if Movara or its providers have been advised of the possibility of such damages).
The limitations of this paragraph shall apply notwithstanding any reliance by a user on any information obtained from this website or other Movara websites that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses or other malicious code, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Movara’s records, programs, or services; and whether or not Movara and/or any other providers have been advised of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through this website.
Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Movara services, from inability to use the Movara services, or from the interruption, suspension, or termination of the Movara services (including such damages incurred by third parties).
Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
If you are dissatisfied with this Website and/or Materials, your sole and exclusive remedy is to discontinue your use of this Website.
Movara reserves the right to correct any errors, inaccuracies, or omissions and to change or update rates, fees, and surcharges at any time without prior notice.
Applicable Law/Jurisdiction
This Website is controlled by Movara from its offices in the State of Utah. As such, by visiting Movara’s Website, even if accessed from a location outside the United States, you agree that the laws of the State of Utah will govern these disclaimers, terms of use, without giving effect to any principles of conflicts of laws. Movara reserves the right to make changes to its Website and these disclaimers, terms of use, and privacy statement at any time. User hereby irrevocably and unconditionally consents to jurisdiction in the State of Utah.
Please read carefully, and note Our MANDATORY ARBITRATION PROVISION and WAIVER OF CLASS ACTION PROVISION.
By either filling out Our contact form in order to use the Services, you give Us express written consent to contact you by phone (mobile or landline), or e-mail, or text messages to (i) provide notices regarding your account or account activity, (ii) investigate or prevent fraud, or (iii) collect a debt owed to us. You agree that We may contact you using autodialed or prerecorded message calls and text messages to carry out the purposes We have identified above. We will not use autodialed or prerecorded message calls or texts to contact you for marketing purposes at the telephone number(s) you designate unless We receive your prior express written consent. You do not have to consent to receive autodialed or prerecorded message calls or texts in order to use the Services. We will not share your mobile phone number(s) with third parties for marketing purposes. Standard telephone minute and text charges may apply. YOU EXPRESSLY AGREE THAT We MAY CONTACT YOU EVEN IF YOU HAVE PREVIOUSLY REGISTERED YOUR PHONE WITH A FEDERAL OR STATE “DO NOT CALL” REGISTRY. You have the right to withdraw your consent and may opt out of receiving phone calls by contacting Us in any of the methods listed in the “Contact” section of the Website. In addition, you may opt out of emails by clicking the “unsubscribe” link in any email We send to you, and may opt out of text messages by replying “STOP” to text messages you receive from Us or by contacting Us using the contact information below. When We receive your request, We will take reasonable steps to remove your name from Our distribution lists. Please be advised that it may take a period of time to remove your name from Our lists after your request due to technology and other limitations, and therefore you may still receive materials for a period of time after you opt out. If you opt out and then re-enable any of these services, you will be deemed to have again given Us your express written consent to contact you via any services you re-enable.