Terms of Use

Privacy Policy

MAT LLC. (the “Company” or “We”) is committed to protecting your privacy. We have prepared this Privacy Policy (“Policy”) to describe to you our practices regarding the personal information we collect from users of our website, located at MuscleActivation.com, (the “Website”).

Collection Of Information

We collect information about you in various ways when you use our Website. We collect Personal Information you provide to us: For example, we collect your name, email address, company name, phone number and other information you provide us on our Website. We may also collect Personal Information during registration of our courses within MightyNetworks. Registration is optional; however, certain features of the Website may be unavailable if you choose not to register.

When you visit our Website, some information is automatically collected. For example, when you visit our Website your computer’s operating system, Internet Protocol (IP) address, access times, browser type and language, and the website you visited before our site are logged automatically (“Usage Information”). We also collect information about your usage and activity on our Website.

Cookies

We may automatically collect information using “cookies.” Cookies are small data files stored on your hard drive by a website. Among other things, cookies help us improve our Website and your experience. We use cookies to see which areas and features are popular and to count visits to our Website.

Web Beacons

We may collect information using Web beacons. Web beacons are electronic images that may be used on our Website or in our emails. We use Web beacons to deliver cookies, count visits, understand usage and to tell if an email has been opened and acted upon.

Local Shared Objects

We may use local shared objects, also known as Flash cookies, to store your preferences such as volume control or to display content based upon what you view on our sites to personalize your visit. Third party partners provide certain features on our sites using Flash cookies to help assist and guide our website users based on educational services and products purchased. Flash cookies are different from browser cookies because of the amount of, type of, and way in which data is stored. Cookie management tools provided by your browser usually will not remove Flash cookies. Learn how to manage privacy and storage settings for certain Flash cookies.

Use Of Information

We use Personal Information collected through our Website for purposes described in this Policy. For example, we may use your information to:

• Operate and improve our Website, App, products, and services.

• Understand you and your preferences to enhance your experience and enjoyment using our Website, App, products, and services.

• Track, collate, and analyze your use of the Website and/or App;

• Process and deliver contest entries and rewards;

• Process and deliver contest entries and rewards;

• Respond to your comments and questions and provide customer service;

• Respond to your comments and questions and provide customer service;

• Provide and deliver products and services you request;

• To send you related information, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages;

• Communicate with you about new contests, promotions, rewards, upcoming events, and other news about products and services offered by the Company and our selected partners; and

• Link or combine it with other personal information we get from third parties, to help understand your needs and provide you with better service.

• Company may store and process personal information in the United States and other countries.

Sharing Information

We do not share your personal information with third parties other than as follows:

• With your consent, for example, when you agree to our sharing your information with other third parties for their own marketing purposes subject to their separate privacy policies;

• With third party vendors, consultants and other service providers who work for us and need access to your information to do that work;

• To comply with laws or to respond to lawful requests and legal process, (ii) to protect the rights and property of the Company our agents, customers, members, and others including to enforce our agreements, policies and terms of use or (iii) in an emergency to protect the personal safety of the Company, its customers, or any person;

• In connection with or during negotiation of any merger, financing, acquisition, or dissolution, transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets to another company.

We may also share aggregated anonymous or deidentified information.

Opt-Out

You may opt out of receiving promotional emails from us by following the instructions in those emails. If you opt out, we may still send you non-promotional emails, such as emails about your accounts or our ongoing business relations. You may also send requests about your contact preferences and changes to your information including requests to opt-out of sharing your personal information with third parties by emailing support@muscleactivation.com

Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Website.

Children

This Website is not directed to children under the age of 13. If you believe a child has provided us with information, contact us at support@muscleactivation.com

Information Security

We take reasonable steps to help protect Personal Information against loss, misuse, unauthorized access or disclosure. Company expressly disclaims any representation or warranty, whether express or implied, with respect to offering any definitive promise of security in connection with Your Information.

Who May Use Information On This Site

Information posted on the website is for the sole use of Company and its students, clients, and customers. No information posted on the Website is authorized to be used by anyone other than Company, its students, clients or customers.

Dispute Resolution

If you believe that we have not adhered to this Policy, please contact us by e-mail at support@muscleactivation.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. If we are unable to reach a resolution to the dispute to your satisfaction, we will settle the dispute exclusively under the JAMS Streamlined Arbitration Rules or JAMS International Mediation Rules (http://www.jamsadr.com/safeharbor/).

Questions

If you have any questions about this Privacy Policy or Company’s practices, please contact us at support@muscleactivation.com

Terms & Conditions

Agreement between User and MuscleActivation.com

Welcome to muscleactivation.com. The muscleactivation.com website (the “Site”) is comprised of various web pages operated by Muscle Activation Techniques LLC (“Muscle Activation Techniques”). muscleactivation.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of muscleactivation.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Privacy

Your use of muscleactivation.com is subject to Muscle Activation Techniques’ Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting muscleactivation.com or sending emails to Muscle Activation Techniques 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.

Your Account

If you use this site and our Online Community powered by MightyNetworks, 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 Muscle Activation Techniques is not responsible for third party access to your account that results from theft or misappropriation of your account. Muscle Activation Techniques and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Lifetime Access

Lifetime access to content is considered a licensed one-time payment, unlimited access, and updates, without any other payments for as long as the company and or its servers continue to operate and exist unless otherwise is specified. In the event that the company and or servers will shut down and or cease to exist, Muscle Activation Techniques will notify all customers in advance and give ample time to access, review, and or download content if the option is given.

Digital Content

Access to digital content is considered a license which grants the user access to said digital content for the time and duration specified by Muscle Activation Techniques. In the event that the company and or servers will shut down and or cease to exist, Muscle Activation Techniques will notify all customers in advance and give ample time to access, review, and or download content if the option is given.

Links to Third Party Sites/Third Party Services

MuscleActivation.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Muscle Activation Techniques and Muscle Activation Techniques 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. Muscle Activation Techniques is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Muscle Activation Techniques of the site or any association with its operators.

Certain services made available via muscleactivation.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the muscleactivation.com domain, you hereby acknowledge and consent that Muscle Activation Techniques may share such information and data with any third party with whom Muscle Activation Techniques has a contractual relationship to provide the requested product, service or functionality on behalf of muscleactivation.com users and customers.

You are granted a non-exclusive, non-transferable, revocable license to access and use muscleactivation.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Muscle Activation Techniques 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.

License

You are granted a non-exclusive, non-transferable, revocable license to access and use muscleactivation.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Muscle Activation Techniques 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 Muscle Activation Techniques 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. Muscle Activation Techniques 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 Muscle Activation Techniques 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 Muscle Activation Techniques or our licensors except as expressly authorized by these Terms.

The Service is controlled, operated and administered by Muscle Activation Techniques 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 Muscle Activation Techniques Content accessed through muscleactivation.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 Muscle Activation Techniques, 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. Muscle Activation Techniques 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 Muscle Activation Techniques in asserting any available defenses.

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 regard 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.

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.

You agree to indemnify, defend and hold harmless Muscle Activation Techniques, 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. Muscle Activation Techniques 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 Muscle Activation Techniques in asserting any available defenses.

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 Muscle Activation Techniques 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. MUSCLE ACTIVATION TECHNIQUES LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

MUSCLE ACTIVATION TECHNIQUES 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. MUSCLE ACTIVATION TECHNIQUES LLC 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.

MUSCLE ACTIVATION TECHNIQUES 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. MUSCLE ACTIVATION TECHNIQUES LLC 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 MUSCLE ACTIVATION TECHNIQUES 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 MUSCLE ACTIVATION TECHNIQUES LLC 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

Muscle Activation Techniques 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. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado and you hereby consent to the exclusive jurisdiction and venue of courts in Colorado in all disputes arising out of or relating to the use of the Site. 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 Muscle Activation Techniques as a result of this agreement or use of the Site. Muscle Activation Techniques’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Muscle Activation Techniques’ 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 Muscle Activation Techniques 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 Muscle Activation Techniques with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Muscle Activation Techniques 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

Muscle Activation Techniques reserves the right, in its sole discretion, to change the Terms under which muscleactivation.com is offered. The most current version of the Terms will supersede all previous versions. Muscle Activation Techniques encourages you to periodically review the Terms to stay informed of our updates.

Cancellation Policy

Due to the immediate delivery of online education the purchase of online education is non-refundable.

Participant Acknowledgments

  • I acknowledge that I meet the prerequisites to begin my MAT education. I am a licensed therapist, certified fitness professional, or a healthcare professional as defined and approved by MAT staff.
  • The cost of your MAT segment is listed on our site. The cost includes the MAT manual eBook, which is embedded into your course. Participants will make their payment prior to gaining access to the course. Payments are not refundable on or after the first day of class.
  • At the start of the segment, participants will have access to video content for 365 days. If the participant fails to complete the module in the designated course time frame, they will not receive extended access to any video content.
  • Participants not meeting the required completion of all online material will need to reapply for eligibility and may be required to pay full fees for future segments.
  • Successful progression through the Muscle Activation Techniques segment does not ensure certification or licensure eligibility. Licensure requirements are determined within cities, counties, municipalities, and states. Participants need to research local requirements to ensure compliance. These segments do not lead to professional licensure in any state. At this time, there is not a recognized state licensure for Muscle Activation Techniques. State licensure of professionals such as physical therapy, massage therapy, and others may impact the techniques allowed by MAT practitioners in working with clients. Licensure rules are subject to change.
  • A minimum number of participants are required to run each MAT® Certification Course. If enrollment for a course is below that minimum number, certification courses may be delayed until the minimum number of students has registered.
  • By creating an MAT Community Account or by purchasing an MAT course within the Mighty Networks Application, you’ve verified that you have read and accepted all of the information throughout this Terms Of Use Page. The Mighty Networks Application you are accessing through your account is exclusive to the MAT Community and only members of the MAT/Mighty Network Community are afforded the rights, privileges, responsibilities, and terms associated with its usage as contained within all aspects of the terms and conditions set forth.

Confidentiality Acknowledgement

This Confidentiality Acknowledgment (this “Acknowledgment”) is effective on the day a participant creates, joins, and/or purchases a course within the MAT Community through MightyNetworks® and is executed by an individual (“Participant”) in favor of Muscle Activation Techniques®, LLC, a Colorado limited liability company (“MAT®”), Muscle Activation Techniques ®, Seminars, LLC, A Colorado limited liability company (“Seminars”) and the respective affiliates of MAT® and Seminars.

Recitals

  • From time to time, Participant is or will be involved in a course of instruction/professional development (each, a “Course”) wherein certain portions of the Techniques (this and all other capitalized terms not defined elsewhere in this Acknowledgment, are defined in SECTION 1 below) are being taught.
  • As a condition precedent to Participant engaging in each Course, the MAT® Parties recognize the continuing effectiveness of this Acknowledgment pursuant to which, among other things, the Confidential Information, including the Enhanced Techniques, will be acknowledged by Participant to be the sole property of the applicable MAT® Parties and the Participant will acknowledge the conditions under which their Course participation may occur. acknowledge the conditions under which their Course participation may occur.

NOW THEREFORE, in consideration of the agreements set forth below, the receipt, adequacy and sufficiency of which all are acknowledged, the parties agree as follows:

  • Definitions. When used in this Acknowledgment, the following terms have the following meaning:

“Confidential Information” means the Techniques, together with any and all material of MAT® or any of its affiliates (individually, an “MAT® Party” and collectively, the “MAT® Parties”) which relates, either directly or indirectly, to the Techniques.

“Enhanced Techniques” means certain enhancements to the Existing Techniques known as “MATRx®”.

“Existing Techniques” means the body of knowledge developed by Greg Roskopf whereby the body’s muscular system is biomechanically balanced, which body of knowledge includes the protocols, procedures and methodology for such balancing, all of which can be applied (a) if a person is injured, to enable the body to heal from such injury and/or (b) if no injury exists, to enhance a person’s overall physical and/or athletic performance.

2. ACKNOWLEDGMENTS, COVENANTS OF PARTICIPANT.

In consideration of the agreements of one or more of the MAT® Parties set forth in that certain Participant Agreement executed by and between Participant and one or more of the MAT Parties, Participant hereby acknowledges and covenants with each such MAT Party as follows; provided, however, Participant acknowledges and agrees the covenant set forth in SECTION 2.5 hereof only shall apply after Participant has been awarded his or her MAT® Specialist certification:

2.1 Confidential Information.

  • Acknowledgments Regarding Confidential Information. Participant, by the execution and delivery of this Acknowledgment and Waiver acknowledges that, with respect to the Confidential Information:
  • Access. During each Course, Participant shall have access to Confidential Information,
  • No Ownership. Participant does not obtain any ownership interest in or the right to utilize any Confidential Information owned by any MAT Party solely by virtue of (i) having access to such Confidential Information or (ii) participating in a Course;
  • Confidential Information Property of MAT Parties. All such Confidential Information (i) is proprietary to the applicable MAT Parties, (ii) provides a competitive advantage to the applicable MAT Parties and (iii) is and shall remain the sole property of the applicable MAT Parties; and
  • (d) Copyright and Trademark Laws. All materials and presentations received from, within, and during all Courses (i) constitute Confidential Information and (ii) are protected by the domestic and international laws of copyright and trademark for the benefit of the applicable MAT Parties.
  • Covenants Regarding Confidential Information. With respect to the Confidential Information of the applicable MAT Parties, Participant hereby agrees that Participant:
  • Non-Disclosure. Will not use, reproduce, disseminate, reverse engineer, discuss or disclose any such Confidential Information, which non-disclosure agreement includes conducting any conversations with respect to any aspect of such Confidential Information which may occur before, during or after any Course, to, with or for any party, including Participant’s spouse or any other MAT® practitioner who does not attend the Course in question.

(b) Will not utilize or attempt to utilize the Enhanced Techniques in their practice, except to the extent of the information provided to and mastered by Participant during a Course.

(c) Limited Use Permitted. Understands use by Participant of the information, concepts, theories, speculations, and specific applications of known science as well as the methods of teaching and presentations received in written or electronic material, oral presentation or physical demonstration during any Course is limited to:

(i) direct client and/or patient use and applications (whether it be group exercise, one-on-one exercise/treatment or some combination of the fore going); and

(ii) equipment analysis for purchases.

  • Prohibited Use. Will not use the information described in clause (d) of SECTION 2.1.1 above for publication in books, magazines, manuals, video, etc., equipment design and/or manufacture, industry lectures, or for the purpose of directly or indirectly informing other industry leaders, presenters, authors, or Participants, etc.
  • Notice; Source Reference. If Participant wishes or is required to utilize anything received or learned from any Course for industry/mass education, presentation, or publication, will, (i) reference the source of such information appropriately, and (ii) contact MAT in writing prior to any such use and present the exact statements and context of use for prior written approval.
  • Course Participation. Participant acknowledges the following regarding participation by Participant in any portion of any Course:

2.2.1 Participation Optional. Physical participation in any demonstration, whether it be actual hands-on techniques or classroom examples of any portion of the Techniques, is optional, and Participant is responsible for determining his or her own readiness and ability to participate;

  • Participant Responsible to Decline to Participate. It is the responsibility of Participant to decline participation for any reason, be it physical, emotional, or otherwise;
  • Participant Assumes Risk.

(a) Participants. All participants in a Course are learning and practicing the Techniques-therefore, they are not skilled at these Techniques.

(b) Assumption of Risk. Knowing the development status of other Course participants, Participant assumes all risk and responsibility for all physical activity (or the lack thereof) performed by Participant before, during, and/or after all Courses and assumes all responsibility for Participant’s actions with respect thereto; and

  • Indemnity. Participant holds all MAT Parties and all other Participants harmless from and against all liability, costs or expenses Participant may incur as a result of Participant’s failure to comply with or abide by the provisions of this Acknowledgment, or the failure of any representation or warranty included in this Acknowledgment to be true and correct as of the date made.

2.3 Continuing Representations; No Misrepresentation. Participant hereby acknowledges and agrees the covenants, representations, warranties and acknowledgments set forth in this Acknowledgment shall be applicable to each Course in which Participant may participate and shall remain in full force and effect for so long as Participant retains or holds himself or herself out as holding any certification in any of the Techniques. In addition, at all times Participant will endeavor to avoid misrepresentation of any of the Courses or the Techniques through inaccurate statements regarding the information or perspectives of the program, its underlying science or principles or its faculty.

2.4 Regulatory Issues. Participant acknowledges (a) neither any MAT Party, nor any of its instructors or host locations makes any representations as to local, city, or state statutes or regulations regarding what is or is not classified in any jurisdiction as physical therapy, manual therapy, massage therapy or any other modality in which any additional licensure or other certification may be required and (b) it is the responsibility of Participant to consult with his or her personal advisors as required in the specific jurisdiction in which Participant may practice any of the Techniques.

2.5 Practitioner Contract. Participant is a party to that certain Practitioner Contract executed and delivered by and between Participant and another MAT Party (the “Practitioner Contract”). Participant hereby acknowledges and agrees that (a) this Acknowledgment shall be deemed to be included in the Practitioner Contract, such that a violation of this Acknowledgment shall be deemed to constitute a violation of such Practitioner Contract and (b) the applicable provisions of such Practitioner Contract are incorporated into this Acknowledgment by this reference.

IN WITNESS WHEREOF THE PARTICIPANT HAS EXECUTED THIS ACKNOWLEDGMENT AS OF THE DATE SET FORTH IN CREATION OF A PERSONAL MIGHTYNETWORKS ACCOUNT.

Contact Us

Muscle Activation Techniques welcomes your questions or comments regarding the Terms:

Muscle Activation Techniques LLC

63 Inverness Drive East

Englewood, Colorado 80112

Email Address: info@muscleactivation.com

Telephone number: 303-745-4270