Terms and Conditions

Please Read Efficient Movement Strategies LLC’s

Terms and Conditions Website and Services User Agreement

Services will only be rendered upon agreement to these terms and conditions of services

Please Sign and Date this document if you agree to these terms and conditions of services

Efficient Movement Strategies LLC offers coaching and education about movement and wellness.

The Efficient Movement Strategies and https://www.matthew-o-connor.mykajabi.com website is comprised of various web pages operated by Efficient Movement Strategies LLC.

https://www.efficientmovementstrategies.com and https://www.matthew-o-connor.mykajabi.com and associated services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”).

Your use of  https://www.efficientmovementstrategies.com and https://www.matthew-o-connor.mykajabi.com and Services constitutes your agreement to all such Terms.

https://www.efficientmovementstrategies.com and https://www.matthew-o-connor.mykajabi.com are E-Commerce Sites and coaching/ wellness sites.

The purpose of Efficient Movement Strategies LLC, https://www.efficientmovementstrategies.com and https://www.matthew-o-connor.mykajabi.com is to offer educational material about movement and wellness. 

Although Dr. Matthew O’Connor is a Physical Therapist, the information and services are not physical therapy, nor do they constitute medical advice.  Consult a medical practitioner regarding any existing injuries or pain and before making any changes to your training.  Efficient Movement Strategies LLC shall not be liable or responsible for any loss or damages allegedly arising from any information or suggestions provided. 

Efficient Movement Strategies LLC Products and Services:

ChiReady Stability Level 1 is a course providing education on stability, movement and self-management.  Emphasis is placed on posture line, single leg, hip and foot stability.  The course includes movement, stretching, self- massage, self-mobilizations, self-screens, stability guidelines, corrective exercises, strengthening exercises, lifting objects, carrying objects, breathing, posture, walking and running.  Stability guidelines are not guarantees for injury prevention or running performance.   Improvement is not guaranteed.  These recommendations are not guarantees of improved performance nor do they suggest injury prevention.  Efficient Movement Strategies LLC shall not be liable or responsible for any loss or damages allegedly arising from information or guidelines provided.  Information is not intended to treat pain or injuries.  This course is not designed to provide an individualized training program to participants.  There is risk of soreness, stiffness, pain, bruising or injury when performing any of the techniques presented in ChiReady Stability Level 1.  I encourage you to take full responsibility for your safety and know your limits.  Participation in these activities and applying the information provided is solely at your own risk.

ChiReady Stability Level 1 Training Manual a downloadable PDF providing education on stability, movement and self-management.  Emphasis is placed on posture line, single leg, hip and foot stability.  The manual includes information about movement, stretching, self- massage, self-mobilizations, self-screens, stability guidelines, corrective exercises, strengthening exercises, lifting objects, carrying objects, breathing, posture, walking and running.  Stability guidelines are not guarantees for injury prevention or running performance.   Improvement is not guaranteed.  These recommendations are not guarantees of improved performance nor do they suggest injury prevention.  Efficient Movement Strategies LLC shall not be liable or responsible for any loss or damages allegedly arising from information or guidelines provided.  Information is not intended to treat pain or injuries.  This course is not designed to provide an individualized training program to participants.  There is risk of soreness, stiffness, pain, bruising or injury when performing any of the techniques presented in ChiReady Stability Level 1.  I encourage you to take full responsibility for your safety and know your limits.  Participation in these activities and applying the information provided is solely at your own risk.

ChiReady Mobility is a course providing education on mobility, movement and self-management.  Emphasis is placed on self-assessment techniques for mobility throughout the entire body.  Stretches, breathing, posture, self-mobilizations, self-massage, movement, lifting objects, carrying objects, strengthening exercises, corrective exercises walking and running are covered.  This course covers self-checks or self-assessment techniques.  Recommendations about the amount and ease of motion are provided for each self-check.  Recommendations for running pace and mobility are covered.  These recommendations are not guarantees of improved performance nor do they suggest injury prevention.  Improvement is not guaranteed.  There are risks of soreness, stiffness, pain, bruising and injury when participating in these activities.  Efficient Movement Strategies LLC shall not be liable or responsible for any loss of damages allegedly arising from recommendations or information provided.  I encourage you to take full responsibility for your safety and know your limits.  Participation in these activities and applying the information provided is solely at your own risk.

ChiReady Mobility Manual is a manual providing education on mobility, movement and self-management.  Emphasis is placed on self-assessment techniques for mobility throughout the entire body.  Stretches, breathing, posture, self-mobilizations, self-massage, movement, lifting objects, carrying objects, strengthening exercises, corrective exercises walking and running are covered.  This course covers self-checks or self-assessment techniques.  Recommendations about the amount and ease of motion are provided for each self-check.  Recommendations for running pace and mobility are covered.  These recommendations are not guarantees of improved performance nor do they suggest injury prevention.  Improvement is not guaranteed.  There are risks of soreness, stiffness, pain, bruising and injury when participating in these activities.  Efficient Movement Strategies LLC shall not be liable or responsible for any loss of damages allegedly arising from recommendations or information provided.  I encourage you to take full responsibility for your safety and know your limits.  Participation in these activities and applying the information provided is solely at your own risk.

Efficient Strategies for Daily Tasks is a course and or manual, providing education about movement strategies to complete common daily tasks.  This course provides technique recommendations.  These recommendations are not guarantees of improved performance or injury prevention.  Walking, stair management, transitional movement, translational movement, object manipulation, running, lifting objects, carrying objects, pushing, pulling, sitting, standing, lying down, posture and breathing are covered.  This course is not intended to treat pain or injury.  Information is the opinion of Efficient Movement Strategies LLC.  Efficient Movement Strategies LLC shall not be liable or responsible for any loss of damages allegedly arising from recommendations or information provided.  There are risks of soreness, stiffness, pain, bruising and injury when participating in these activities.  I encourage you to take full responsibility for your safety and know your limits.  Participation in these activities and applying the information provided is solely at your own risk.

ChiReady Stability Level 2 is a course and or manual, providing education on movement, stability, self-maintenance and self-monitoring.  Plyometrics, agility, strengthening, stretching, self-massage, moving in varied directions, walking, running, lifting, pushing, pulling, carrying, posture, breathing and rotational plane exercises are covered.  This course is not intended to treat pain or injury.  These recommendations are not guarantees of improved performance nor do they suggest injury prevention.  Improvement is not guaranteed.  Information is the opinion of Efficient Movement Strategies LLC.  Efficient Movement Strategies LLC shall not be liable or responsible for any loss of damages allegedly arising from recommendations or information provided.  There are risks of soreness, stiffness, pain, bruising and injury when participating in these activities.  I encourage you to take full responsibility for your safety and know your limits.  Participation in these activities and applying the information provided is solely at your own risk.

Movement Adaptability is a course and or manual, providing education on movement in various directions.  The ability to move efficiently in different directions is emphasized.  Posture, breathing, crawling, upright movement in varied directions, lifting, pushing, pulling, carrying, transitional movements, translational movement, agility and plyometrics are involved.  Stretches, self- massage, corrective exercises, strengthening, self- assessment, walking and running may be covered.   This content is not intended to treat pain or injury.  These recommendations are not guarantees of improved performance nor do they suggest injury prevention.  Improvements are not guaranteed.  Information is the opinion of Efficient Movement Strategies LLC.  Efficient Movement Strategies LLC shall not be liable or responsible for any loss of damages allegedly arising from recommendations or information provided.  There are risks of soreness, stiffness, pain, bruising and injury when participating in these activities.  I encourage you to take full responsibility for your safety and know your limits.  Participation in these activities and applying the information provided is solely at your own risk.

Virtual running analysis is a video analysis of the running gait.  Analysis is provided about current running technique.  Suggestions for corrective exercises or gait retraining drills may be provided.  Running analysis is not intended to treat pain or injury.  Information provided is intended to improve the quality of movement and improve efficiency.  Improvement is not guaranteed.  These recommendations are not guarantees of improved performance nor do they suggest injury prevention.  Efficient Movement Strategies LLC shall not be liable or responsible for any loss or damages allegedly arising from any information or suggestions provided.  There are risks of soreness, stiffness, pain, bruising and injury when participating in these activities.  I encourage you to take full responsibility for your safety and know your limits.  Participation in these activities and applying the information provided is solely at your own risk.

Virtual walking analysis is a video analysis of walking gait.  Analysis is provided about current walking technique.  Suggestions for corrective exercises or gait retraining drills may be provided.  Walking analysis is not intended to treat pain or injury.  Information provided is intended to improve the quality of movement and efficiency.  Improvement is not guaranteed.  These recommendations are not guarantees of improved performance nor do they suggest injury prevention.  Efficient Movement Strategies LLC shall not be liable or responsible for any loss or damages allegedly arising from any information or suggestions provided.  There are risks of soreness, stiffness, pain, bruising and injury when participating in these activities.  I encourage you to take full responsibility for your safety and know your limits.  Participation in these activities and applying the information provided is solely at your own risk.

Virtual posture and breathing analysis is a video analysis of posture and breathing.  Analysis is provided about current posture and breathing technique.  Corrective exercises may be provided.  Improvement is not guaranteed.   Posture and breathing analysis is not intended to treat pain or injury.  These recommendations are not guarantees of improved performance nor do they suggest injury prevention.  Efficient Movement Strategies LLC shall not be liable or responsible for any loss or damages allegedly arising from any information or suggestions provided.  There is risk of soreness, stiffness, bruising or injury with participation.  I encourage you to take full responsibility for your safety and know your limits.  Participation in these activities and applying the information provided is solely at your own risk.

Virtual Coaching provides virtual movement and wellness assessments and corrective exercises.  Coaching may include walking, running, breathing, agility, plyometrics, stretching, massage, strengthening exercises, lifting objects, carrying objects, postural analysis, running analysis, walking analysis, gait retraining, postural retraining.  These interventions are not intended to treat pain or injuries.  Improvement is not guaranteed.  Although Dr. Matthew O’Connor is a Physical Therapist, this is not physical therapy, nor does it constitute medical advice.  Consult a medical practitioner regarding any existing injuries or pain and before making any changes to your training.  Efficient Movement Strategies LLC shall not be liable or responsible for any loss or damages allegedly arising from any information or suggestions provided.   There is risk of soreness, stiffness, bruising or injury with participation in these activities.  I encourage you to take full responsibility for your safety and know your limits.  Participation in these activities and applying the information provided is solely at your own risk.

Concierge Coaching offers in person movement and wellness assessments and corrective exercises.  Coaching may include walking, running, breathing, agility, plyometrics, stretching, massage, strengthening exercises, lifting objects, carrying objects, postural analysis, running analysis, walking analysis, gait retraining, postural retraining.  These interventions are not intended to treat pain or injuries.  Improvement is not guaranteed.  Although Dr. Matthew O’Connor is a Physical Therapist, this is not physical therapy, nor does it constitute medical advice.  Consult a medical practitioner regarding any existing injuries or pain and before making any changes to your training.  Efficient Movement Strategies LLC shall not be liable or responsible for any loss or damages allegedly arising from any information or suggestions provided.  Coaching may take place outdoors, Efficient Movement Strategies LLC shall not be liable from any alleged damages or injuries arising from environmental influence.  Coaching may take place in on a client’s property or in a client’s home.  Efficient Movement Strategies LLC shall not be liable for any alleged damages occurring during a coaching session or from information provided.   There is a risk of soreness, stiffness, bruising or injury participating in these activities.  I encourage you to take full responsibility for your safety and know your limits.  Participation in these activities and applying the information provided is solely at your own risk.

ChiRunning Workshops teach ChiRunning technique to participants.  ChiRunning workshops are offered individually or in small groups.  Workshops can involve discussions, demonstrations, drills, walking, running, body looseners, stretches and video analysis.  Information is not intended to treat pain or injuries.  Efficient Movement Strategies LLC shall not be liable or responsible for any loss or damages allegedly arising from any information or suggestions provided.    There is risk of soreness, stiffness or injury.  I encourage you to take full responsibility for your safety and know your limits.  Participation in these activities and applying the information provided is solely at your own risk.

Winter Course is a course covering tasks commonly performed during the winter months including, snow shoveling, ice scraping, walking on snow, walking on ice, running on snow, running on ice, using hiking poles, starting a snow blower and walking behind a snow blower.  This information is not intended to treat pain or injuries. Improvement is not guaranteed.  Information is the opinion of Efficient Movement Strategies LLC.  Efficient Movement Strategies LLC shall not be liable or responsible for any loss or damages allegedly arising from any information or suggestions provided.  There is risk of soreness, stiffness, or injury.  I encourage you to take full responsibility for your safety and know your limits.  Applying the information in this course is solely at your own risk.

Privacy
Your use of https://www.efficientmovementstrategies.com and https://www.matthew-o-connor.mykajabi.com websites and services is subject to the Efficient Movement Strategies LLC’s Privacy Policy.

Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Protection of Health Information
Efficient Movement Strategies may use questionnaires that may include health information. This information helps Efficient Movement Strategies LLC provide services most appropriately. Any information you provide is not shared. Efficient Movement Strategies LLC has a business associate agreement with Google Workspace to maintain HIPPA compliance.

If you would like to share any information about coaching services rendered to you with a medical professional. Contact Efficient Movement Strategies LLC at matthew@efficientmovementstrategies.com. Information will be provided to you directly upon request and you can give the information to the medical professional.

Personal and non personal information
Efficient Movement Strategies LLC may collect your email, name, gender, age, address and phone number. This information is used for scheduling, billing or rendering services.

Billing Information
Efficient Movement Strategies LLC uses Paypal to process payment for services.

Electronic Communications
Visiting https://www.efficientmovementstrategies.com or https://www.matthew-o-connor.mykajabi.com or sending emails to Efficient Movement Strategies LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. 

If you receive email from Efficient Movement Strategies LLC and would like to stop receiving email from Efficient Movement Strategies at matthew@efficientmovementstrategies.com.

Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Efficient Movement Strategies LLC is not responsible for third party access to your account that results from theft or misappropriation of your account. Efficient Movement Strategies LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen
Efficient Movement Strategies LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use http://www.efficientmovementstrategies.com only with permission of a parent or guardian.

Cognitive Liability
Efficient Movement Strategies LLC does not knowingly allow purchases from persons with cognitive diagnoses and/or those who have an assigned power of attorney. If you have been diagnosed with any cognitive issue and/or have an assigned Power of Attorney, you may use https://www.efficientmovementstrategies.com and https://www.matthew-o-connor.mykajabi.com only with permission of your Power of Attorney

Medical Liability
Efficient Movement Strategies LLC does not assume liability for any exacerbation of pre-existing or developing medical conditions. It is your responsibility to consult your physician for specific services, general services are only provided by Efficient Movement Strategies LLC and you release Efficient Movement Strategies LLC of all liability by purchasing any product and or services by Efficient Movement Strategies LLC.

Cancellation/Refund Policy
There are no refunds for purchase of online courses, course manuals, virtual walking analysis, virtual running analysis, virtual postural analysis, virtual breathing analysis or virtual coaching.
Please contact us at matthew@efficientmovementstrategies.com with any questions.

Virtual Coaching and Concierge Coaching: Cancellations within 24 hours of a scheduled coaching session will be charged a $30 cancellation fee. Once coaching virtual or concierge coaching services are rendered there is no refund.

ChiRunning or ChiWalking Workshops: Cancellations within 7 days of a scheduled workshop will be charged a $30 cancellation fee. The participant may attend a workshop within a calendar year or the original workshop.

Rescheduling
Efficient Movement Strategies LLC reserves the right to cancel or reschedule virtual coaching, concierge coaching or workshops when necessary. Clients will be contacted to reschedule. In the event that rescheduling is not possible, a refund for the purchased service will be issued.

Links to Third Party Sites/Third Party Services
https://www.efficientmovementstrategies.com and https://www.matthew-o-connor.mykajabi.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Efficient Movement Strategies LLC and Efficient Movement Strategies LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Efficient Movement Strategies LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Efficient Movement Strategies LLC of the site or any association with its operators.

Certain services made available via https://www.efficientmovementstrategies.com and https://www.matthew-o-connor.mykajabi.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://www.efficientmovementstrategies.com and https://www.matthew-o-connor.mykajabi.com domain, you hereby acknowledge and consent that Efficient Movement Strategies LLC may share such information and data with any third party with whom Efficient Movement Strategies LLC has a contractual relationship to provide the requested product, service or functionality on behalf of https://www.efficientmovementstrategies.com and https://www.matthew-o-connor.mykajabi.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use https://www.efficientmovementstrategies.com and https://www.matthew-o-connor.mykajabi.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Efficient Movement Strategies LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Efficient Movement Strategies LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Efficient Movement Strategies LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Efficient Movement Strategies LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Efficient Movement Strategies LLC or our licensors except as expressly authorized by these Terms.

Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”).
You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Efficient Movement Strategies LLC has no obligation to monitor the Communication Services. However, Efficient Movement Strategies LLC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Efficient Movement Strategies LLC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Efficient Movement Strategies LLC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Efficient Movement Strategies LLC’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Efficient Movement Strategies LLC does not control or endorse the content, messages or information found in any Communication Service and, therefore, Efficient Movement Strategies specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Efficient Movement Strategies LLC spokespersons, and their views do not necessarily reflect those of Efficient Movement Strategies LLC.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to https://www.efficientmovementstrategies.com https://www.matthew-o-connor.mykajabi.com or Posted on Any Efficient Movement Strategies LLC Web Page
Efficient Movement Strategies LLC does not claim ownership of the materials you provide https://www.efficientmovementstrategies.com and https://www.matthew-o-connor.mykajabi.com (including feedback and suggestions) or post, upload, input or submit to any Efficient Movement Strategies LLC Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Efficient Movement Strategies LLC our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Efficient Movement Strategies LLC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Efficient Movement Strategies LLC’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third Party Accounts
You will be able to connect your Efficient Movement Strategies LLC account to third party accounts. By connecting your Efficient Movement Strategies LLC account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users
The Service is controlled, operated and administered by Efficient Movement Strategies LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Efficient Movement Strategies LLC Content accessed through https://www.efficientmovementstrategies.com and https://www.matthew-o-connor.mykajabi.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification
You agree to indemnify, defend and hold harmless Efficient Movement Strategies LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Efficient Movement Strategies LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Efficient Movement Strategies LLC in asserting any available defenses.

Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Efficient Movement Strategies LLC agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PUT COMPANY NAME HERE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

Efficient Movement Strategies LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. PUT COMPANY NAME HERE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Efficient Movement Strategies LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PUT COMPANY NAME HERE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction
Efficient Movement Strategies LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Efficient Movement Strategies LLC as a result of this agreement or use of the Site. Efficient Movement Strategies LLC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Efficient Movement Strategies LLC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Efficient Movement Strategies LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Efficient Movement Strategies LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Efficient Movement Strategies LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English. 

Changes to Terms
Efficient Movement Strategies LLC reserves the right, in its sole discretion, to change the Terms under which https://www.efficientmovementstrategies.com and https://www.matthew-o-connor.mykajabi.com is offered. The most current version of the Terms will supersede all previous versions. Efficient Movement Strategies LLC encourages you to periodically review the Terms to stay informed of our updates.

Contact Us
Efficient Movement Strategies LLC welcomes your questions or comments regarding the Terms:
Efficient Movement Strategies LLC
27 Peary Drive Brunswick Maine 04011
matthew@efficientmovementstrategies.com
Effective as of 02/06/2022