Terms of Use

Welcome to the MOTION ANATOMY website or mobile application where you can access various electronic services, documentation, content, programs, software, or other materials from MOTION ANATOMY (“online services”). These terms of use constitute an agreement between MOTION ANATOMY and you concerning use of our online services. Please carefully read these terms and conditions.

Note that these terms of use contain an arbitration provision that requires arbitration on an individual basis, waives your right to trial by jury, and waives your right to participate in any purported class action or representative proceeding in the event of disputes within the scope of the Dispute Resolution Section.

By clicking “I Accept,” or by using our online services, you agree to these terms of use and terms incorporated herein by reference. If you do not agree to these terms of use, you may not access or use the online services.

  • This online service is designed for information purposes only and does not render medical advice or professional services, unless we otherwise indicate with respect to the specific online service.
  • MOTION ANATOMY disclaims any liability whatsoever for any documentation, information, programs, software, or other material that is or may become a part of our online services. MOTION ANATOMY does not warrant or guarantee that the information will not be offensive to any user and/or may not meet your needs and requirements.
  • These terms of use, materials referenced in these terms of use, and the content of the MOTION ANATOMY online services are subject to change at MOTION ANATOMY’s sole discretion without prior notice to you. Any changes made are effective upon posting. It is your responsibility to review these terms of use each time you access a MOTION ANATOMY online service, because you will be bound by any changes made.

Restrictions on Use

  • By using our online services, you agree to the following terms of use, which constitute an agreement between MOTION ANATOMY and you.
  • MOTION ANATOMY owns the information on our online services. The entire contents and design of our online services are protected under U.S. and international copyright laws. You may look at our online service online, download information to your computer to read later, or print copies of pages for yourself, your family, or your friends. However, you must not remove any copyright notices from our materials. We reserve all other rights, which means that you must not sell our information, rewrite or modify it, redistribute it, use it on your own website, or use it for any other commercial purpose without our prior written permission.
  • We usually permit other organizations to provide a simple link from their site to ours. However, you must first ask our permission if you intend to frame our site or incorporate pieces of it into a different site or product in a way that could confuse our users. To request permission, please email the Webmaster webmaster@motionanatomy.com).
  • You are responsible for the secure and proper use of any user accounts that you establish on our online services. You are also responsible for any actions taken utilizing your user account(s). MOTION ANATOMY strongly encourages you to not share your username and password, except that you shall not share your username or password to allow anyone access to your account in order to use a MOTION ANATOMY’s live audio and video service. You understand that MOTION ANATOMY takes no responsibility for, and disclaims all liability for damages arising from, your sharing your account(s) with others, or your account(s) being compromised. If at any time you feel that your user account has been compromised or that your information has been inappropriately disclosed or used in any way, you should immediately (a) change your password, then (b) contact MOTION ANATOMY. If MOTION ANATOMY has reason to believe that your account has been compromised or misused, MOTION ANATOMY may suspend or discontinue your account(s) without prior notice.
  • You agree not to access or use any account that you create on our online services in an unlawful way or for an unlawful or illegitimate purpose, or in any manner that is not consistent with these terms of use. You shall not post, use, store, or transmit (a) a message or information under a false name, or misrepresent authorization to act on behalf of others, or assign false attribution or origin; (b) information that is knowingly wrong or deceptive, unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening, or hateful to any person; or (c) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You agree not to attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, or information on or received by the online service.
  • You shall not attempt to disrupt the operation of our online services by any method, including through the use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding, or spamming. You shall not use your account in any manner that could damage, disable, or impair our online services. You shall not attempt to gain unauthorized access to any user accounts, computer systems, or networks through hacking, password mining, or any other means. You shall not use any robot, scraper, or other similar means to access your account for any purpose, or to harvest or collect personal information of any kind about any other individual who uses the online services.


Not a Substitute for Medical Advice

  • The contents of the MOTION ANATOMY online services, such as text, graphics, images, information obtained from MOTION ANATOMY's licensors, and other material contained on the MOTIONANATOMY.COM and MOTIONANATOMY.EDU online services ("Content") are for informational purposes only and does not render medical advice or professional services unless we otherwise indicate. The information provided through our online services should not be used for diagnosing or treating a health problem or disease. It is not a substitute for professional care. If you have or suspect you may have a health problem, you should consult your health care provider. Never disregard professional medical advice or delay in seeking it because of something you have read on MOTION ANATOMY's online services.
  • MOTION ANATOMY disclaims any liability whatsoever for any documentation, information, programs, software, or other material which is or may become a part of the online services. MOTION ANATOMY does not warrant or guarantee that the information will not be offensive to any user. User is hereby put on notice that by accessing and using the online services, user assumes the risk that the information and documentation contained in the online services may be offensive and/or may not meet the needs and requirements of the user.
  • If you think you may have a medical emergency, call your doctor or emergency medical services immediately. Do not rely on this website for urgent, immediate medical needs. We do not monitor comments or messages for emergency health crises.

Privacy Statement
This section (“Privacy Statement”) explains what information we collect, how we collect information, and why we collect information when you visit or use our online services. It also explains when, why, and with whom we share that information when you use the online services. The term “personal information” used in these terms of use means information about an individual that identifies, or describes a natural person.

Our Privacy Statement covers the MOTION ANATOMY, its subsidiaries and any of its online services accessible via the primary online services listed below:
Any information that is defined as protected health information under the Health Insurance Portability and Accountability Act is governed by, and will be used and disclosed solely in conjunction under the Health Insurance Portability and Accountability Act (HIPAA).

Collection and Use of Personal Information

Generally, you can access our public online services without MOTION ANATOMY asking you to provide us with your personal information. For certain services we may ask you to provide us with your personal information while using that online service. This information is collected and used for the purposes described in these terms of use and as indicated where and when the information is requested or collected, and as permitted by law.

a. Information We Collect

We collect information you provide directly to us, such as when you create an account or profile in MOTION ANATOMY, use the interactive areas and features of the online services, subscribe to our email list, participate in a survey or events, pay a bill, make a donation, request support, or otherwise communicate with us. Depending on the online services, when you access and use our online services, we may collect the following kinds of information from you:

  • Account information, such as your name, email address, password, postal address, phone number, date of birth and any other information you choose to provide.
  • Transaction information, such as your health insurance information and limited payment information from you, such as payment method and payment card information.
  • Information about others, such as the names and the contact information of your providers, your representatives, and any dependents in your care.
  • Health information, such as your past and present medical condition, medication information, and treatment history.
  • Other information you choose to provide, such as when you participate in a survey, assessment, contest, promotion or interactive area of the online services, live audio and video visit, or when you request technical or customer support.

We also automatically collect the following information from you when you visit or use some of our online services:

  • Login information, where our servers record certain log file information, such as your Internet Protocol (“IP”) address, operating system, browser type and language, referring URLs, access times, pages viewed, links clicked and other information about your activities on the online services.
  • Device information, such as the device used to access or use the online services, including the hardware model, operating system and version, unique device identifiers, and mobile network information. If your device settings permit, we may also collect information about the precise location of your device and access and collect information from certain native applications on your device (such as your device’s camera, photo album and phonebook applications) to facilitate your use of certain features of the online services.
  • Online tracking information, such as through the use of tracking technologies, including cookies, pixel tags, local stored objects, and web beacons to collect information about you when you interact with our online services.
  • We may allow others to provide analytics services on our behalf using these technologies to collect information about your use of the online services and other websites. We also place Cookies of third parties, such as Google, Facebook, or Microsoft’s Bing, in the online services that track your interactions with that third party’s website, content, advertisements, website links, and/or other online services. For more information about how and why we use these technologies, and how to disable them, please see our Cookies Notice. Some of this information may be used for re-identification. Re-identification is a process by which anonymized data collected on our online services (for example, MOTIONANATOMY.com) are matched with personally identifiable information. Re-identified data are used among other ways to provide website users with a more relevant and user-friendly online experience.

b. Why We Collect Information

We collect your information for a number of reasons, depending on the online service, including to:

  • Provide, maintain and improve our online services and provide you with relevant information;
  • Send you technical notices, updates, and alerts;
  • Provide support, customer service, and administrative messages;
  • Respond to your comments and inquiries, and provide customer services;
  • Communicate with you about products and services offered by us and others, and to provide news and information about products, services, and events we think will be of interest to you;
  • Plan, administer and coordinate events, community groups and outreach activities;
  • Process financial assistance applications;
  • Process a donation to MOTION ANATOMY;
  • Monitor and analyze trends, usage and activities in connection with our online services;
  • Detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of MOTION ANATOMY and others;
  • Maintain appropriate records for internal administrative purposes.
  • Comply with applicable laws, regulations, and court orders.
  • Carry out any other purpose described to you at the time the information was collected.

c. Social Media Plug-Ins

We may collect information that you have made public via your social media accounts. As a convenience to you, some of our public online services may use plug-ins from social media networks like Facebook, Twitter, and LinkedIn. These plug-ins are indicated by the social networks’ respective logos on the online services and are used to establish a direct connection with these social networks. Integration of the plug-in may allow the social media network to receive information that you have loaded onto the online services. For example, if you are logged in with Facebook while you visit our online services, the plug-in may be able to assign your visit of our online service to your Facebook account. This information exchange takes place automatically. You may prevent this exchange if you log out of your social network before using the online services, disable this feature on your social network application or service, and/or disable cookies as described in our Cookies Notice.

d. How We Share Your Information

  • We will share your information with our service providers to maintain, improve, and protect our site. These providers may only use your information to accomplish the purposes described in these terms of use.
  • We will share your information with other entities that are subsidiaries of MOTION ANATOMY.
  • We will share your information with our advertising partners in order to display advertisements that we think are relevant to you. While much of the information we share is anonymized, we may permit selected advertising partners to match and re-identify you.
  • When you access our site while logged into a social network platform or when you post content from our online services to your social network platform, we may share your information with that platform.
  • We will share your information in the course of legal proceedings or in response to legal orders or government requests, and as otherwise required by law.
  • We will share your information as needed to support compliance and corporate governance functions.
  • We will share you information in connection with a transfer of ownership or assets, a corporate reorganization, merger, or acquisition.

Children's Privacy
We are committed to protecting the privacy of children. MOTION ANATOMY’s online services are not intended or designed to attract children under the age of 13. We do not knowingly collect, maintain, or use personal information from children under 13 years of age. If you learn that your child has provided us with personal information without your consent, you may alert us at webmaster@motionanatomy.com. If we learn that we have collected any personal information from children under 13 years old, we will promptly take steps to delete such information.

WARRANTY DISCLAIMER

YOUR USE OF THE ONLINE SERVICES (INCLUDING ANY DOCUMENTATION, INFORMATION, PROGRAMS, SOFTWARE, OR OTHER MATERIAL ACCESSED ON THE ONLINE SERVICES) IS AT YOUR SOLE RISK. THE ONLINE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE FULLEST EXTENT PERMITTED BY LAW, MOTION ANATOMY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATED TO THE ONLINE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WITHOUT LIMITATION TO THE ABOVE, MOTION ANATOMY DOES NOT PROVIDE ANY REPRESENTATION OR WARRANTY THAT (I) ONLINE SERVICES WILL MEET YOUR REQUIREMENTS, (II) ONLINE SERVICES WILL BE UNINTERRUPTED, TIMELY , SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ONLINE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH ONLINE SERVICES WILL MEET YOUR EXPECTATIONS, NEEDS OR REQUIREMENTS, AND (V) THAT ANY ERRORS ASSOCIATED THE ONLINE SERVICES WILL BE CORRECTED.
MOTION ANATOMY IS NOT RESPONSIBLE FOR ANY INACCURACIES OR DEFECTS IN THE INFORMATION, SOFTWARE, COMMUNICATION LINES, INTERNET OR YOUR INTERNET SERVICE PROVIDER (ISP), COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE THAT YOU USE TO ACCESS OUR ONLINE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOTION ANATOMY OR ITS AFFILIATES OR THROUGH OR FROM THE ONLINE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE ONLINE SERVICE OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE ONLINE SERVICE CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME AND PASSWORD. EXCEPT AS PROHIBITED OR LIMITED BY LAW, MOTION ANATOMY CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES, OR LIABILITIES ARISING FROM YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS, OR GUIDELINES ACCESSED THROUGH THE ONLINE SERVICES.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT MOTION ANATOMY, MOTION ANATOMY AFFILIATES, ANY MOTION ANATOMY LICENSOR OR SUPPLIER, GLPP, ANY THIRD PARTY WHO PROMOTES THE ONLINE SERVICE OR PROVIDES A LINK TO THE ONLINE SERVICES SHALL NOT BE LIABLE TO YOU FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES YOU INCUR RELATED TO YOUR ACCESS AND USE OF THE ONLINE SERVICES.
WITH RESPECT TO DIRECT DAMAGES, AND WHERE THE ABOVE EXCLUSIONS OF INDIRECT AND CONSEQUENTIAL DAMAGES IS LIMITED OR PROHIBITED UNDER LAW, YOU AGREE THAT ANY AND ALL DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES YOU SUFFER OR INCUR RELATED TO YOUR ACCESS AND USE OF THE ONLINE SERVICE THAT RESULT FROM ANY ACT OR OMISSION OF MOTION ANATOMY, MOTION ANATOMY AFFILIATES, ANY MOTION ANATOMY LICENSOR OR SUPPLIER, GLPP, ANY THIRD PARTY WHO PROMOTES THE ONLINE SERVICES OR PROVIDES A LINK TO THE ONLINE SERVICES SHALL BE LIMITED TO THE FEE PAID BY YOU PRIOR TO THE FIRST OCCURRENCE OF THE SUBJECT DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES, OR $100.00, WHICHEVER IS GREATER.
THE ABOVE LIMITATIONS AND EXCLUSIONS TO LIABILITY APPLY REGARDLESS OF THE TYPE OF DAMAGES OR CLAIMS, INCLUDING WITHOUT LIMITATION DAMAGES OR CLAIMS RELATED TO (I) PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE, OR LOSS OF DATA; OR (II) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR (III) ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YOUR RECORDS, PROGRAMS, OR SERVICES, OR (IV) OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THE ONLINE SERVICE. YOU AGREE THAT THIS LIMITATION APPLIES EVEN IF MOTION ANATOMY, MOTION ANATOMY AFFILIATES, ANY MOTION ANATOMY LICENSOR OR SUPPLIER, GLPP, ANY THIRD PARTY WHO PROMOTES THE ONLINE SERVICES OR PROVIDES A LINK TO THE ONLINE SERVICES HAVE BEEN ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF SUCH DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES.
THE PARTIES AGREE THAT THE EXCLUSIONS OF REMEDIES AND LIMITATIONS SPECIFIED IN THIS SECTION ARE A REASONABLE ALLOCATION OF RISK, AND APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE EXTENT THE ABOVE LIMITATION OF LIABILITY IS RESTRICTED UNDER LAW, THE ABOVE LIMITATION SHALL BE APPLIED TO THE EXTENT PERMITTED UNDER SUCH LAW.

DISPUTE RESOLUTION

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH MOTION ANATOMY ON AN INDIVIDUAL BASIS AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM MOTION ANATOMY.

a. Scope of Dispute Resolution Section
As used in this Dispute Resolution Section (the “Section”), “Dispute” means any disputes, claims, suits, actions, causes of action, and/or demands in any way relating to or arising out of the online services or to these terms of use. This Section does not apply to any of the following types of claims: (i) claims by employees of MOTION ANATOMY entities related to the terms or conditions of their employment; (ii) claims by, or on behalf of, MOTION ANATOMY patients for alleged medical malpractice, wrongful death, or similar personal physical injury or survivor claims related to the patient’s medical care at any MOTION ANATOMY facility or by a MOTION ANATOMY provider; (iii) any individual action brought in small claims court for disputes and actions fully within the scope of such court’s jurisdiction; or (iv) claims in which either party seeks injunctive or other equitable relief in a court of competent jurisdiction to prevent the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.

b. Waiver of Right to Pursue Class Action or Collective Claims (“Class Action Waiver Provision”)
You agree to resolve Disputes with us only in arbitration and only on an individual basis, and you waive any right to pursue any claims on a class, collective, or consolidated basis or in a representative capacity to the maximum extent permitted by applicable law. You and MOTION ANATOMY agree that each may bring claims against the other only on an individual (non-class) basis and not as a plaintiff or a class member in any purported class or representative action or proceeding. Further, you and MOTION ANATOMY agree that a Dispute cannot be brought as a class, collective, consolidated, or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals to the maximum extent permitted by law.

c. Agreement to Arbitrate Claims; Waiver of Jury Trial
By agreeing to these terms of use, both you and MOTION ANATOMY are waiving the right to a jury trial on any Disputes. For any Dispute in any way relating to or arising out of the online services or these terms of use, you and MOTION ANATOMY agree that the Dispute shall be resolved by final and binding individual arbitration. No class, collective, consolidated, or other type of representative action arbitration will occur.

In addition, you and MOTION ANATOMY agree that each party will notify the other party in writing of any arbitrable Dispute within thirty (30) days of the date the Dispute arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to MOTION ANATOMY shall be sent by certified mail or courier. Your notice must include: (i) your name, street address, telephone number, the email address you use or used for your online services account (e.g., MOTION ANATOMY), and, if any, an email address at which you can be contacted; (ii) a brief description of the Dispute; (iii) the amount of money, if any, at issue in the Dispute; and (iv) the specific relief you are seeking. MOTION ANATOMY will send notice to your last known street and email addresses on file, if any. Any MOTION ANATOMY notice will include: (i) our name, street address, telephone number and an email address at which we can be contacted with respect to the Dispute; (ii) a description in reasonable detail of the nature of basis of the Dispute; and (iii) the specific relief that we are seeking.

If you and MOTION ANATOMY cannot agree how to resolve the Dispute within thirty (30) days after the notice is received by the other party, then either you or MOTION ANATOMY may, as appropriate and in accordance with this Section, commence an arbitration proceeding with a written demand for arbitration.

d. Limitation on Time to Bring Action
You agree that regardless of any statute or law to the contrary, any claim or cause of action for or related to a Dispute brought by you must be filed within one (1) year after such claim or cause of action arose or such claim or cause of action will forever be barred. Note that this may be a shorter time period than allowed under otherwise applicable law.

e. Arbitration Administration and Certain Procedures
You and MOTION ANATOMY agree that, if and as available, any arbitration will be administered by JAMS under either its Streamlined or Comprehensive Arbitration Rules and Procedures, as applicable (“JAMS Rules”), except as otherwise modified by these Terms. The JAMS Rules are available here: https://www.jamsadr.com/rules-streamlined-arbitration/ or https://www.jamsadr.com/rules-comprehensive-arbitration/.

The JAMS form for a written demand for arbitration is available at https://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf.

If JAMS is unavailable or unwilling to conduct the arbitration for any reason, or the parties mutually agree that JAMS should not conduct the arbitration, then by mutual agreement the parties shall select an alternative, impartial, substitute arbitration administration service. This agreement to arbitrate is not contingent on JAMS being available or willing to conduct the arbitration.

You and MOTION ANATOMY also agree to the following relating to any arbitration proceeding:

  • You and MOTION ANATOMY waive any right to bring Disputes before any court of law. Rights that you would have if you went to court, such as access to discovery, may be unavailable or limited in arbitration.
  • Arbitration proceedings will take place in a mutually convenient location as agreed by the parties. If the parties are unable to agree on a location, the arbitrator will select the arbitration venue, which will be within Texas. Alternatively, the arbitrator, in his or her discretion, may order that the arbitration proceedings be conducted by telephone, online, and/or solely based on written submissions.
  • The arbitrator will be either a retired judge or an attorney licensed to practice law in Texas and will be selected by the parties from the JAMS roster of arbitrators. If you and MOTION ANATOMY are unable to agree to an arbitrator within fourteen (14) days of JAMS’ notice to the parties of its receipt of the arbitration demand, then JAMS will appoint the arbitrator in accordance with the JAMS Rules.
  • The arbitrator may award declaratory or injunctive relief only in favor of you or MOTION ANATOMY and only to the extent necessary to provide the relief warranted by your or MOTION ANATOMY’s individual claim. The arbitrator shall not have any power to issue relief to anyone but you or MOTION ANATOMY.
  • These Terms affect interstate commerce and the interpretation and enforceability of this Section shall be substantively, procedurally, and exclusively governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the maximum extent permitted by applicable law, except as otherwise modified by these Terms.
  • Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  • All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award.
  • You have the right at your own expense to be represented by an attorney of your own choosing. MOTION ANATOMY, likewise, has the right, at its own expense, to be represented by an attorney of its own choosing.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If, however, you are able to demonstrate that the costs of arbitration will be prohibitive for you as compared to the costs of litigation, MOTION ANATOMY will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines that the claim(s) you assert in the arbitration are frivolous, you agree to reimburse MOTION ANATOMY for all costs and fees associated with the arbitration that MOTION ANATOMY paid on your behalf which you otherwise would be obligated to pay under the JAMS Rules.

If any term, clause or provision of this Section is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses, and provisions of this Section will remain valid and enforceable. Further, the waivers set forth in this Section are severable from the provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.