Hierarchy of Movement Websites and Services

Terms Of Use and Disclaimer

Last revised August 29, 2022

Thank you and welcome to the movement and wellness programs offered by Hierarchy of Movement. The Hierarchy of Movement websites (“Websites”), mobile applications (“Apps”), and all content produced for or available through the Websites or App are owned and operated by Allard Kinetics LLC dba Hierarchy of Movement (“HōM,” “we,” “our” or “us”).  The Websites and Apps and all services offered through the Websites and Apps (including without limitation audio, video, still images, and written content) are collectively referred to as the “Services.” 

In order to allow us to provide the Services, we require all users to agree to certain terms and conditions. By accessing, downloading, or otherwise using the Websites or any of the Services, you agree to be bound by the following Terms of Use and by our Privacy Policy (collectively, the “Agreement”). 

1. Agreement; Amendments. By accessing or using any of our Services, you agree to be bound by this Agreement, whether you have registered for the Services (a “Registered User”) or whether you simply browse our Services as a visitor. If you do not agree to be bound by this Agreement, you must discontinue any and all use of the Services immediately. We may amend or update this Agreement from time to time by posting amendments on the Services. You agree that by accessing or using the Services after any such amendment is posted, you are agreeing to be bound by any such amendments. If you do not agree to any amendments to this Agreement, your exclusive remedy is to discontinue your use of the Services. Any new features or upgrades to the current Services will be subject to this Agreement.   

2. Registration. Visitors are permitted only limited access to the Services without registering. For these purposes, there are two categories of users: (a) Registered Users are those who have registered for a free account on the Website and includes those who wish to purchase any Services “a la carte”; and (b) “Subscribers” are Registered Users who have also purchased a subscription (membership) for the Services. Access to certain programs and content of the Services is available only to Registered Users and Subscribers who have paid the current fees to access such programs or content as provided on the Services.  Each registration permits only one individual person to use the account; multiple persons may not share an account. By completing the registration procedures for the Services, you acknowledge and agree that (a) you are providing accurate, complete, and current information about yourself (the "Registration Information"), and (b) you will maintain and promptly update your Registration Information to keep it accurate, complete and current. If you provide any information that is inaccurate, incomplete or not current, we reserve the right to suspend or terminate your account and terminate access to the Services. You may not use any other user’s account without our permission, and by registering for the Services, you agree to keep your account information, including your password, secret and secure, and not to share such information with others. You are responsible for any activity on the Services that occurs under your account.

3. Subscription Fees and Payments. Access to and use of certain features of the Services requires payment of a subscription or an “a la carte” course fee ("Fee"). If you provide a credit card number for payment of a Fee, you hereby authorize HōM to charge your credit card for the then-applicable Fee and for any renewal Fees that are described at the time of payment. If your credit card is declined or expires, your account will be disabled until payment is received. All Fees are non-refundable except as otherwise provided in this Agreement. HōM reserves the right to change or modify the Fee or payment schedule (including, without limitation, increasing prices and charging a fee for upgrades) at any time. HōM will use reasonable efforts to provide you with reasonable notice prior to making any Fee changes or modifications (excluding foreign currency exchange rate changes). All Fees are exclusive of all excise, sales, use, transfer and other taxes and duties imposed with respect to the Services by any federal, state, municipal or other governmental authority, all of which taxes you are required to pay. You are responsible and liable for any costs and expenses, including attorney and collection fees, that HōM may incur in its efforts to collect any remaining balances due from you. 

4. Age Requirements. By downloading, accessing, or otherwise using the Services, you represent that (a) you are at least 18 years old, that you are legally competent to form a binding contract, and that you have full right, power, and authority to be bound to comply with this Agreement and to perform all of your obligations hereunder; or (b) you are at least 13 years old and up to 17 years old and you have your parent’s or legal guardian’s permission to use the Services and to enter into this Agreement and you agree to be bound by this Agreement to perform all of your obligations hereunder. Access to and use of the Services is not available to users under the age of 13 and are void where prohibited by applicable law. The Services are not directed toward children under the age of 13 and we do not knowingly collect information from children under the age of 13 through the Services. Any use that does not comply with this Section 4 is strictly prohibited and is in violation of this Agreement. 

5. Passwords and Security. Registered Users must choose a password and provide a valid email address and may be asked for additional information to create an account or to otherwise become a Registered User. You are responsible for maintaining the confidentiality and security of your password and all other account information, and you are fully responsible and liable for all access to and use of the Services that occur under your password or account. You agree that you will notify us by e-mail to [email protected] of any unauthorized use of your password or account or any other breach of security that you become aware of. HōM will not be liable for any loss or damage occurring if you allow a third party to access or use your login information. You acknowledge and agree that HōM may access, preserve and disclose your account information and any User Content (as defined below) that you provide if required to do so by law or if we believe that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that your User Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of HōM, the other users of the Services, and the public. However, HōM will not otherwise intentionally disclose your account information to any third party except as provided in our Privacy Policy, which is set forth below.

6. Access Restrictions. You acknowledge and agree that the Services, and the content embodied within, may include access restrictions (such as passwords or other verifications) and that use of these security components is subject to usage rules set by HōM and/or third parties who provide services or content to HōM. You may not attempt to override or circumvent any access restrictions or usage rules as provided in the Services.

7. Site Content. The content available through the Services generally consists of (a) videos, audio, text, photos, designs, and other content owned by HōM, including but not limited to the trademarks and trade dress of the Website (“HōM Content”), (b) content owned by third parties and licensed to HōM for inclusion in the Services (“Third-Party Content”), and (c) content that may be posted and/or otherwise uploaded to the Services by you or other users (“User Content”). Collectively, HōM Content, Third-Party Content and User Content are referred to as “Site Content.”  You will retain all intellectual property rights that you may have in any User Content that originates with you, subject to the licenses set forth in this Agreement. HōM Content and Third-Party Content are protected by United States and other intellectual property laws covering copyrights, trademarks, patents, trade secrets and other forms of intellectual property, and HōM and its third-party licensors own and retain their respective rights, title and interest in and to their respective content subject only to the limited license granted to Registered Users as set forth in this Agreement. You are solely responsible for your conduct while using the Services, and for any User Content that is submitted, posted, edited, or displayed on or through the Services through your account. You may only upload, post, edit, or otherwise use Site Content that you own or have otherwise obtained the legal right to so use. You represent and warrant that all of your User Content does not infringe or violate the rights of any third party, and you acknowledge and understand that any User Content that you post will not be confidential, and that we are not liable for any use or disclosure of your User Content. Further, you agree and acknowledge that we are not responsible for, and in no way endorse User Content uploaded, posted, edited, or shared by you or any other user of the Services. You may not upload, submit, or post User Content that creates risks of harm, loss, injury, mental distress, death, defamation, or other damage to you or to any other person.

8. Use of Your User Content. In order to offer you the use of the Services pursuant to this Agreement, you are required to grant a license to HōM to use and distribute your User Content. This means that other visitors and Registered Users may view and share any User Content that you upload (such as video content you provide while participating in a program), and to display your User Content in other places within the Services. Accordingly, by posting or otherwise making available any User Content on or through our Services, you hereby grant to HōM a non-exclusive, fully-paid, royalty-free, perpetual, transferable, unlimited, irrevocable, worldwide license (including the right to sublicense) to use, copy, modify, adapt, translate, create derivative works, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such User Content on and through the Services, without any requirement to notify or compensate you. If you wish to remove any User Content from the Services, you may request removal at [email protected] but HōM cannot guarantee that it will be able to remove your User Content in all cases. You represent and warrant that: (a) you own all right, title and interest in and to all User Content posted by you on or through the Services, or otherwise have the right to grant the license set forth in this section, (b) you grant HōM permission to use your User Content on the Services, and (c) the posting of your User Content on or through the Services does not require the knowledge or consent of any third party and does not violate the privacy rights, publicity rights, copyrights, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.

9. Prohibited Conduct. In addition to any prohibitions set forth elsewhere in this Agreement, you acknowledge and agree that you shall not use the Services to post or otherwise transmit User Content that:

You acknowledge and agree that HōM does not generally pre-screen User Content posted through our Services, but that we shall have the right (but not the obligation) to pre-screen, edit, refuse, and/or remove any User Content in our sole and absolute discretion, for any reason or no reason.

In addition to the foregoing and any other prohibitions set forth elsewhere in this Agreement, you shall not use the Services to engage in any of the following prohibited activities:

10. Responsibility for User Content. You are solely and entirely responsible for all User Content that you post or otherwise make available via the Services. HōM does not control the User Content posted via the Services and, as such, we cannot and do not guarantee the accuracy, integrity or quality of such User Content. You acknowledge and agree that, by using the Services, you may be exposed to User Content that you deem offensive, indecent or objectionable. Under no circumstances will HōM be liable in any way for any User Content, including, but not limited to, any prohibited content in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content made available via the Services. 

11. Use of Site Content. Registered Users are granted a limited, personal, revocable, non-sublicensable license to use HōM Content and Third-Party Content located on or available through the Services solely for single, personal, non-transferable and non-commercial use during the term of your registration. All such use is subject to the terms and conditions set forth in this Agreement and may be terminated by HōM as set forth in this Agreement. Except for User Content posted by you, you may not copy, store, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any HōM Content for any purpose whatsoever. The Services may not be used in connection with any commercial purposes except as specifically approved in writing and in advance by HōM. Unauthorized framing of or linking to any of the Services is prohibited.

12. Health and Medical Concerns. The Services provide information and instruction relating to movement and wellness, and some of the products and services available through the Services relate to movement and wellness.  We do not provide medical advice or treatment through the Services. The following warnings and disclaimers apply to all information, instruction, products and services provided through the Services:

13. Third-Party Sites. The Services may contain third-party content and/or links to websites owned by third parties (“Third Party Sites”). Your use of Third Party Sites through the Services is governed by the terms of use of such Third Party Sites, and you agree to comply with such terms of use. You understand and acknowledge that we do not control and will not be responsible for (a) the content and operation of any Third Party Sites, or (b) the privacy and other practices of any Third Party Sites. The inclusion of third party content or links does not imply HōM’s investigation, evaluation and/or endorsement of such Third Party Sites. We are not responsible for examining or evaluating, and we do not assume any liability for or warrant the products or offerings of, any Third Party Sites, or the accuracy of the content of their advertising, websites, applications, or other services. Before you purchase goods or services from a third party and/or use Third Party Sites, you should review the applicable terms of use and privacy policies for such Third Party Sites. If you decide to access any Third Party Sites, you do so at your own risk. Any payments made through the Services shall be subject to the terms of use of the applicable third party payment services provider then utilized by us, and you agree to be bound by any terms of use of any such third party payment services provider.

14. International Use. Due to the global nature of the Internet, you acknowledge and agree that you are obliged to comply with all applicable laws, rules and regulations regarding the access to and use of the Services. By way of example only, you acknowledge and agree that you are obliged to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, and that restrictions on access to and/or use of some Site Content may apply to users based on their place of domicile, residence and/or use. Without limiting the foregoing, you hereby acknowledge and agree that the Services are operated from our facilities in the United States, and we make no representations that the Services are appropriate or available for use in any other locations. Those who access the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials available through the Services are solely directed to individuals, companies, or other entities located in the United States. 

15. DMCA Notice and Take-Down Procedures. HōM respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), we will respond expeditiously to claims of copyright infringement committed using the Services if such claims are reported to our Designated Copyright Agent identified below.

If you are a copyright owner, authorized to act on behalf of a copyright owner, or are authorized to act under any exclusive right under copyright law, please report alleged copyright infringements taking place on or through the Services by completing the following DMCA Notice of Alleged Infringement and delivering it to the Company’s Designated Copyright Agent.

A DMCA Notice of Alleged Infringement should include the following:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

Deliver this Notice, with all above items included, to the Company’s Designated Copyright Agent at:

Attn: Hierarchy of Movement Copyright Agent
3434 47th Street
Boulder CO 80301
[email protected]

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. You may wish to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, HōM has adopted a policy of terminating, in appropriate circumstances, accounts of users who are deemed to be repeat infringers. HōM may also at its sole discretion limit access to the Services and/or terminate the accounts of any HōM users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

16. Term and Termination. This Agreement, as it may be modified from time to time, shall remain in full force and effect for so long as it is posted on any of the Services or until terminated by HōM.

You may terminate your status as a Registered User and cancel your account at any time and for any reason, by notifying us by email at [email protected] (or cancel your membership on your profile on our website at www.hierarchyofmovement.com, but any such termination and cancellation will be effective only after HōM has processed the request.) If you cancel your account prior to the expiration of your subscription period, you may continue to use your account until the end of your subscription period but will not be entitled to a refund of any Fees. You acknowledge and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with HōM, and that this is a reasonable restriction that is required in order for HōM to make its Services available.

HōM reserves the right to suspend or terminate your status as a Registered User or a Subscriber, cancel your account, and disable your access to the Services at any time, with or without notice to you, with or without cause, and without liability to you. HōM shall have no liability to you or to any third party because of such suspension or termination or related action for any reason except as follows: (a) If HōM elects do so with cause, then no refund of any unused portion of a pre-paid subscription is owing, and (b) if HōM elects to do so without cause, then HōM will refund any unused portion of a pre-paid subscription, provided, however, that in no event will HōM refund any “a la carte” payments.

Upon suspension or termination, HōM shall have no obligation to save any User Content that you may have posted or otherwise provided, and we reserve the right to permanently delete and destroy any of your personal information and/or User Content.

17. Disclaimer of Warranties. You acknowledge and agree that the Services are offered without warranties of any kind whatsoever by HōM and/or the providers of Site Content. The disclaimer of warranties includes, but is not limited to, the following.

18. Waiver of Claims. You hereby waive, release and discharge the HōM Parties from and against any claims that you may be entitled to make by reason of any use of your User Content authorized under this Agreement and/or by reason of your participation in any of the communications features of the Services, including but not limited to any claims based on copyright infringement, trademark infringement, rights of privacy or publicity, defamation and otherwise.

19. Limitation of Liability. To the fullest extent permitted by applicable laws, the HōM Parties will in no event be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from or in connection with any use of the Services, and/or any website with which they are linked, and/or any content, information, products or services accessible through the Services, even if any of the HōM Parties have been advised of the possibility of such losses or damages. Notwithstanding anything to the contrary contained herein, the aggregate liability of the HōM Parties to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to HōM for the Services during the previous 12-month period.

20. Severability. If any terms or conditions of this Agreement are held to be invalid for any reason whatsoever, this Agreement shall remain in full force and effect on its remaining terms and conditions of this Agreement unless and until terminated by HōM. Furthermore, if any term or condition of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the intentions of the parties as reflected in the invalidated provision.

21. Indemnity. You agree to indemnify, defend, and hold harmless the HōM Parties from any and all third-party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your breach of the terms of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. HōM will use its reasonable best efforts to notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

22. Modification and Discontinuation. We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Services, or any portion thereof, with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Services.

23. Entire Agreement. This Agreement, together with any other terms and conditions referenced herein (including without limitation the Privacy Policy), constitutes the entire agreement between you and HōM and governs your use of the Services, superseding any prior agreements between you and HōM with respect to the Services.

24. Choice of Law, Dispute Resolution and Forum. This Agreement and the relationship between you and HōM shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. You and HōM agree to attempt to resolve any dispute between you in good faith by informal negotiation, including at least one (1) full day of mediation before a mutually acceptable independent mediator, with the cost of such mediation split between the parties. In the event such mediation is unsuccessful, you submit to the personal and exclusive jurisdiction of the courts located within the county of Boulder, Colorado.

25. No Waiver. The failure of HōM to exercise or enforce any right and/or remedy under this Agreement shall not constitute a waiver of such right and/or remedy.

26. Relationship of the Parties. You and HōM acknowledge and agree that you are independently contracting parties dealing at arm’s length with each other in connection with the licensing of intellectual property rights and the provision of services. No partnership, joint venture, joint authorship, employment, fiduciary, agency or other relationship is created between you by any use of the Services.

27. Binding on Successors. This Agreement shall be binding on and inure to the benefit of the heirs, executors, administrators, licensees, successors and/or assigns of the parties, as applicable. For avoidance of doubt, you acknowledge and agree that HōM is fully authorized to assign, sublicense and/or otherwise convey and transfer this Agreement and/or any of its rights under this Agreement at any time, in its sole and absolute discretion, and without compensation of any kind to you.

28. Notices and Questions. If you have any questions regarding this Agreement, please contact us by email at [email protected] or by mail at 3434 47th Street, Boulder CO 80301. Except as otherwise specified elsewhere in this Agreement, notices to HōM may be given at the foregoing email and postal addresses, and notices to you may be given at the contact information provided to us at the time of registration and/or the purchase of goods and Services from HōM.