Terms of Service
Thank you for choosing Pilates Live! These terms of service ("Terms") establish the terms and conditions that apply to you when you use the Service (as defined below).
BY USING THE SERVICE OR BY CLICKING "I AGREE" YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND YOUR AGREEMENT TO BE BOUND BY THESE TERMS, AS WELL AS ALL APPLICABLE LAWS AND REGULATIONS. YOU ARE NOT PERMITTED TO USE THE SERVICE IF YOU DO NOT AGREE TO THESE TERMS. THESE TERMS CAN BE CHANGED, MODIFIED, SUPPLEMENTED, AND/OR UPDATED BY Pilates Live ("Pilates Live" "WE, "OUR," OR "US") AT ANY TIME.
We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on our Platform, however, you should look at the Terms regularly to check for such changes. YOUR CONTINUED USE OF THE SERVICE AFTER THE MODIFICATION OF THESE TERMS MEANS THAT YOU ACCEPT ALL SUCH CHANGES. ACCORDINGLY, YOU ARE ADVISED TO CONSULT THESE TERMS EACH TIME YOU ACCESS THE SERVICE IN ORDER TO VIEW ANY CHANGES TO THESE TERMS.
Your access to and use of our Services is also subject to our Privacy Policy and Community Guidelines, the terms of which can be found directly on the www.PilatesLive.com.
AS FURTHER DESCRIBED BELOW, YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING THIS OR ANY OTHER EXERCISE PROGRAM. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING. NOTHING STATED OR POSTED ON THE SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL ADVICE OR CARE. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.
IN THE EVENT OF A MEDICAL OR HEALTH EMERGENCY, PLEASE CALL 911 OR APPROPRIATE EMERGENCY RESPONDERS IMMEDIATELY.
ARBITRATION NOTICE FOR USERS: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST PILATES LIVE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND PILATES LIVE AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND PILATES LIVE WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. USE OF THE SERVICE
The "Service" is Pilates Live\’s website located at www.PilatesLive.com and Pilates Live\’s mobile applications, as each may be updated, relocated, or otherwise modified from time to time, including through networks, embeddable widgets, downloadable software, and tablet computer applications, and all intellectual property contained therein. The Service provides a platform to enable users to access and watch live and on-demand fitness classes and consume motivational content on their personal computer, mobile device or TV and to purchase certain related merchandise ("Merchandise"). Any person who accesses and/or uses the Service, whether on his or her own behalf or on behalf of any third party, will be referred to herein as a "Pilates Live Member".
Subject to the terms and conditions of these Terms, Pilates Live hereby grants you a limited revocable, non-exclusive, non-transferable license to access and use the Service, solely in the manner intended by Pilates Live. Unless otherwise specified in writing, the Service is solely for your personal use and not for resale. Pilates Live reserves the right at all times and without notice to: (i) restrict and/or terminate your access to the Service (or any portion thereof); and (ii) modify or discontinue providing the Service (or any portion thereof).
2. REGISTRATION
In order to become a Pilates Live Member, you must complete the registration process by providing Pilates Live with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that in the event you provide any information to Pilates Live which is untrue, inaccurate, not current or incomplete, Pilates Live may terminate these Terms and your continued access and use of the Service. If you are using the Service on behalf of an individual, company, entity, or organization (each, an "Organization"), you represent and warrant that (A) you are an authorized representative of such Organization with the authority to bind such Organization to these Terms, (B) agree to be bound by these Terms on behalf of such Organization, and (C) your Organization meets the eligibility requirements for the Service, as set forth in these Terms. Further, you will be solely responsible for ensuring your Organization complies with these Terms.
As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. You agree to notify Pilates Live immediately of any unauthorized use of your account or any other breach of security. To notify us, contact us at help@pilateslive.com. You are responsible for all use of the Service occurring under your user name. You are responsible for keeping your password confidential and for notifying us if your password has been hacked or stolen. Pilates Live will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for any losses incurred by Pilates Live or another party due to someone else using your account or password.
3. OWNERSHIP OF INTELLECTUAL PROPERTY
The contents of the Services, including all Services software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the Services, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, "Material"), are the property of Pilates Live, and any of its successors and assigns, and any of its respective licensors (for example, certain software on the Services may contain software owned by third parties and Postings may be owned by you or third parties), Advertisers (as defined below), suppliers, and operational service providers and are legally protected under applicable U.S. and foreign laws, rules and regulations and international treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term "Services" includes "Material" as well. The Services are to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on the Services, including notices on any Material you are permitted to download, transmit, display, print or reproduce from the Services. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of Pilates Live. Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws. We require users to respect our copyrights, trademarks, and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act expeditiously to remove content on the Services that infringes the copyright rights of others and will disable the access to the Services and its services of anyone who uses them repeatedly to infringe the intellectual property rights of others.
You may use the Service solely for lawful purposes, as intended through the provided functionality of the Service. You may not use the Service in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Service. You may not attempt to gain unauthorized access to the Service, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you expressly agree that you will not (and you agree not to allow or assist any third party to):
a. use, copy, install, transfer or distribute the Service, except as specifically permitted by these Terms;
b. modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Service or its Content (as defined below);
c. remove or alter any copyright, trademark or other proprietary rights notices contained in or on the Service or in or on any content or other material obtained through the Service or the use of the Service;
d. create user accounts by automated means or under false or fraudulent pretenses;
e. use any robot, spider, screen or database scraper, site search or retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Service;
f. probe, scan or test the vulnerability of any system or network or breach any security or authentication measures;
g. reformat, mirror, or frame any portion of the web pages that are part of the Service;
h. express or imply that any statements you make are endorsed by us, without our prior written consent in each instance;
i. transmit (i) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights, (ii) any material, non-public information about individuals or companies without the authorization to do so, (iii) any trade secret of any third party, and/or (iv) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us), or engage in spamming or flooding;
j. transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
k. harvest or collect information about other users without their prior written consent;
l. undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Service, including Content, or attempt to do any of the foregoing, except and solely to the extent permitted by these Terms, the Service's authorized features, or by law, or otherwise attempt to use or access any portion of the Service other than as intended by Pilates Live;
m. access, tamper with, or use non-public areas of the Service, Pilates Live's (and its hosting company's) computer systems and infrastructure, or the technical delivery systems of Pilates Live's providers;
n. harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including Pilates Live employees and other users;
o. create a new account with Pilates Live, without Pilates Lives express written consent, if Pilates Live previously disabled an account of yours;
p. solicit, or attempt to solicit, personal information from other users, except as permitted through the Service's functionality;
q. restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of such person, or collect information about users;
r. gain unauthorized access to the Service, to other users' accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service;
s. violate any applicable federal, state or local laws (including laws requiring the consent of subjects of audio and video recordings), regulations or these Terms;
t. use the Service for any illegal, inappropriate and/or unauthorized conduct, including without limitation, using the Service to contact other Pilates Live Users for sexual or other inappropriate purposes, or using the Service in violation of Pilates Live's or any third party's intellectual property or other proprietary or legal rights; or
u. use or access the Service to build a competing service. We may take any legal action and implement any technical remedies to prevent the violation of these provisions and to enforce these Terms.
You are responsible for compliance will all recording laws. Certain features of the Service may allow you and other Pilates Live Members to record or take screenshots during group fitness classes. By using the Service, you consent to allow Pilates Live and other Pilates Live Members to record and store recordings of group fitness classes. If you do not consent to being recorded, you should not utilize the group fitness class features of the Service.
4. ADVERTISING
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the "Advertisers"), such as our advertisers, sponsors, or promotional partners, as a result of your use of the Services. All such communication, interaction and participation is strictly and solely between you and such Advertisers and, to the fullest extent permissible by law, we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
5. CONTENT SUBMITTER TO THE SERVICE
a. By sending or transmitting to us information, opinions, creative suggestions, ideas, notes, concepts, or other materials (collectively, "Materials"), or by posting such Materials to any area of the Service, you grant Pilates Live and its designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Materials in any media now known or hereafter developed to enhance and develop the Service, including by marketing and advertising the Service, without compensation to you; provided that we will never use your name in connection with any of your Materials that we use in our own advertising and marketing materials without obtaining your prior consent. None of the Materials will be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we will not be liable for any use or disclosure of any Materials. Pilates Live may remove or alter any Materials at any time for any reason. We neither endorse nor are responsible for any opinion, advice, information, or statement made or displayed on the Service by any user. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages, or for any results obtained from the use of such information. Under no circumstances will Pilates Live and/or its affiliates, suppliers, or agents be liable for any loss or damage caused by your reliance on such information obtained through the Service. We cannot and do not take responsibility for the veracity, reliability, or completeness of any opinion, advice, information, or statement available on the Service.
b. The opinions expressed on the Service by users reflect solely the opinions of the users who post thereon and do not reflect the opinions of Pilates Live. You acknowledge and agree that we have the right (but not the obligation) to monitor the Service and Materials; to alter or remove any Materials; and to disclose Materials and the circumstances surrounding their transmission to any third party in order to operate the Service properly; to protect ourselves, our sponsors, and our members and visitors; and to comply with legal obligations or governmental requests. If you believe a message violates our member policies, please contact Pilates Live immediately at help@pilateslive.com so that we can consider its editing or removal.
c. You are solely responsible for your Materials and the consequences of posting them on the Service. By posting Materials, you represent, warrant, and covenant that: (i) you are the creator and owner of the Materials or otherwise have sufficient rights and authority to grant the rights granted herein; (ii) your Materials do not and will not (A) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (B) slander, defame, or libel any other person; (iii) your Materials do not contain any viruses, adware, spyware, worms, or other harmful or malicious code or (iv) unless you have received prior written authorization, your Materials specifically do not contain any confidential information of any third party. We reserve all rights and remedies against any users who breach these representations and warranties.
d. Sending Messages. The Service may allow Pilates Live Members to exchange messages ("Messages") with each other. Sending Messages is a privilege, not a right, and Pilates Live may terminate such privileges of any Pilates Live Member at any time and for any reason, without any liability to such Pilates Live Member. Harmful, obscene, or offensive communications are not welcome in any Messages. If a user sends you an objectionable Message, please notify us by sending an e-mail to help@pilateslive.com. You should exercise discretion, good sense, and sound judgment when sending a Message. You are solely responsible for the content of any Message you send. You agree that Pilates Live may monitor Messages for compliance with these Terms, and therefore, Messages should not be considered confidential or proprietary. You hereby grant us an assignable, sublicensable, irrevocable license to reproduce and transmit your Messages in connection with facilitating transfer to the intended recipient through the Service and for such other purpose as Pilates Live may deem appropriate in its sole discretion.
6. CONTESTS
Pilates Live may provide contests on the Service. The rules, regulations, and procedures governing such contests ("Contest Rules") will be accessible through a hypertext link displayed on the web page where the contest or game may be located. By entering or participating in any of our contests or games, you agree to be subject to those rules, regulations and procedures as well as the terms and conditions of these Terms. In the event of a conflict between any Contest Rules and these Terms, the applicable Contest Rules will govern.
7. TERM AND TERMINATION
a. Term. The term of these Terms (the "Term") will commence on the date on which you first access or utilize the Service in any way (the "Effective Date") and will continue so long as you continue to access or utilize the Service; provided that Pilates Live reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of these Terms including, without limitation, the suspension or termination of the user's access and/or account, or blocking the user from access to the Service. Pilates Live may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, Pilates Live reserves the right at all times to disclose any information as Pilates Live deems 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 Pilates Live's sole discretion.
b. Effect of Termination. The following Sections of these Terms will survive termination or expiration of the Agreement: 1.c, 2.c, 3, 5.e, 6, 8.b, 9, 10, 16, 18, 27. Payments by you, which accrue or are due before termination of your membership, will continue to be payable by you, and amounts owed to Pilates Live at the time of such termination or expiration will continue to be owed by you, after such expiration or termination.
8. WAIVER
In consideration of the acceptance of an individual's participation in a Fitness class (the "Program"), Individual (client name) hereby waives any liability Pilates Live may have arising out of Individual's participation in the Program. Furthermore, Individual has been given the rules and regulations of the Program, and as an Individual, hereby agrees to hold harmless Pilates Live and all other persons and entities, including but not limited to any owner/operator utilized during the Program and all sponsors, individuals, third parties, clients, teachers, instructors, instructor Trainees, Personal Trainers, Group Exercise Instructors and the like involved in or otherwise connected with the Program for any damages or physical injury. Pilates Live urges you to obtain a physical examination from a doctor before participating in the Program or participating in any exercise activity. Pilates Live Member agrees that by participating in physical exercise or training activities, they do so entirely at their own risk. Pilates Live Member agrees that they are voluntarily participating in the Program and these activities and the use of facilities and assumes all risks of injury, illness, or death. Pilates Live Member acknowledges that Pilates Live Member has carefully read this "waiver and release" and fully understands that it is a complete release of liability. Individual expressly agrees to release and discharges all trainers, instructors, other individuals, officers, directors, employees of Pilates Live from any and all claims or causes of action and Pilates Live Member agrees to voluntarily give up or waive any right that Individual may otherwise have to bring a legal action against any of the foregoing for personal injury or property damage. If any portion of this release from liability shall be deemed by a Court of competent jurisdiction to be invalid and/or unenforceable, then the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions severed. By signing this release, Pilates Live Member acknowledges that Pilates Live Member understands its content and that this release cannot be modified orally.
9. DISCLAIMER OR WARRANTIES
a. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. YOU ACKNOWLEDGE THAT, BECAUSE OF THE NATURE OF THE INTERNET, MOBILE NETWORKS, AND THE DEVICES WHICH ACCESS THE INTERNET AND/OR MOBILE NETWORKS, THE SERVICE MAY NOT BE ACCESSIBLE WHEN NEEDED, AND THAT INFORMATION, DATA, AUDIO AND VIDEO TRANSMITTED OVER THE INTERNET AND/OR MOBILE NETWORKS MAY BE SUBJECT TO INTERRUPTION OR THIRD PARTY INTERCEPTION AND MODIFICATION. TO THE FULLEST EXTENT PERMITTED BY LAW, PILATES LIVE DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE. TO THE FULLEST EXTENT PERMITTED BY LAW, NONE OF PILATES LIVE, ITS AFFILIATES OR SERVICE PROVIDERS, PILATES LIVE'S CONTENT PROVIDERS AND/OR THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES NOR THE EMPLOYEES, AGENTS AND/OR CONTRACTORS (COLLECTIVELY, THE "PILATES LIVE PARTIES") WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE SERVICE. PILATES LIVE CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY OF CONTENT AND INFORMATION ACCESSED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND YOUR RELIANCE UPON ANY OF THE RESPECTIVE CONTENT IS AT YOUR SOLE RISK.
b. You acknowledge that any information you obtain from another Pilates Live Member comes from those individuals, and not from Pilates Live, and that Pilates Live, to the fullest extent permitted by law, is not in any way responsible for any of the information these third parties may supply or for any statements, claims, or representations they may make. To the fullest extent permitted by law, Pilates Live disclaims any such statements, claims, or representations and the same do not expand or otherwise modify the terms of these Terms. If you are dissatisfied with the Service, your sole and exclusive remedy is to discontinue accessing and using the Service.
10. LIMITATION OF LIABILITY
a. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PILATES LIVE MEMBER IS SOLELY RESPONSIBLE FOR (I) HIS OR HER USE OF THE SERVICE, AND (II) ANY DAMAGES INCURRED BY HIM OR HER OR ANY THIRD PARTY THAT ARISE FROM OR ARE RELATED TO THE SERVICE. THE AGGREGATE LIABILITY OF THE PILATES LIVE PARTIES FOR ANY DAMAGES, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, WILL BE LIMITED TO ACTUAL DAMAGES PROVED, AND NOT TO EXCEED THE AMOUNT PAID BY YOU TO PILATES LIVE FOR THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, NONE OF THE PILATES LIVE PARTIES WILL BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF PILATES LIVE OR ITS CONTENT PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b. TO THE FULLEST EXTENT PERMITTED BY LAW, NONE OF THE PILATES LIVE PARTIES WILL HAVE ANY LIABILITY WHATSOEVER FOR ANY LOSSES; COSTS OR DAMAGES OF ANY KIND INCURRED OR SUFFERED BY YOU AS A RESULT OF SERVICES PROVIDED BY ANY OF OTHER PILATES LIVE MEMBER PURSUANT TO THE SERVICE.
c. YOU REPRESENT THAT YOU HAVE INDEPENDENTLY INVESTIGATED THE ADVISABILITY OF USING THE SERVICE AND THE POSSIBLE RISKS INVOLVED IN USING THE SERVICE. YOU AGREE TO MAINTAIN YOUR OWN INSURANCE COVERING SUCH RISKS AND WILL LOOK SOLELY TO SUCH INSURANCE FOR REIMBURSEMENT OF ANY RESULTING DAMAGES.
11. THIRD PARTY DISPUTES
PILATES LIVE IS NOT AFFILIATED WITH ANY CARRIER, SERVICE PROVIDER, OR THIRD PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, THIRD PARTY SERVICE OR OTHER THIRD PARTY ARISING FROM YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY OTHER PILATES LIVE MEMBER OR YOUR EMPLOYER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE PILATES LIVE (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
12. FORCE MAJEURE
Pilates Live will not be liable for any delay or failure to perform any obligation herein if the delay or failure is due to unforeseen events that are beyond Pilates Live reasonable control, such as strikes, blockade, war, terrorism, riots, natural disasters, epidemic or governmental action, in so far as such an event prevents or delays Pilates Live in fulfilling its obligations hereunder.
13. INDEMNIFICATION AND RELEASE
a. To the fullest extent permitted by law, you will defend, indemnify and hold Pilates Live, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents, harmless against any loss or damage of any kind (including, without limitation, attorneys' fees and lost revenues) arising from: (i) any and all breaches by you of these Terms or any representation, warranty or covenant contained herein; (ii) any and all use of the Service not specifically authorized hereunder and on the Service; and (iii) any and all claims and actions against Pilates Live by other parties to whom you allow access to the Service.
b. To the fullest extent permitted by law, you further waive, release and forever discharge the Pilates Live Parties from any and all responsibility or liability for injuries or damages resulting from your Massages or any other service obtained through the use of the Service, including injuries or damages caused by the negligent act or omission of the Released Parties or in any way arising out of or connected with the Service.
c. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You will not, in any event, settle any claim or matter without our written consent.
14. ADDITIONAL SERVICE FEATURES
The Service may contain information on products and services provided by third parties, and links (including advertisements) to third party web sites. This information and these products, services, and links are provided only as a convenience to Pilates Live Members. Pilates Live does not review or control this information or these products, services, or other web sites, and Pilates Live does not make any representations or warranties, express or implied, regarding this information or these products, services, or web sites. Inclusion of any of the foregoing in the Service does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Pilates Live with respect to any third party or its web site or content, or any information, products, or services provided by that third party. Pilates Live is under no obligation to maintain any link on the Service and may remove a link at any time in its sole discretion for any reason whatsoever.
15. PROTECTED ACTIVITY NOT PROHIBITED
You should understand that, insofar as permitted by applicable law, nothing in these Terms will in any way limit or prohibit you from filing a charge or complaint with, or otherwise communicating or cooperating with or participating in any investigation or proceeding ("Protected Activity") that may be conducted by any federal, state or local government agency or commission ("Government Agencies"). You understand that in connection with such Protected Activity, you are permitted to disclose documents or other information as permitted by law, and without giving notice to, or receiving authorization from, Pilates Live. Notwithstanding, in making any such disclosures or communications, you agree to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute Pilates Live confidential information to any parties other than the Government Agencies.
16. GOVERNING LAW: CHOICE OF FORUM
The laws of the State of New York, excluding its conflicts of law rules, govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws; provided, however, that the United Nations Convention on Contracts for the International Sale of Goods will not apply to any provision of these Terms. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in Manhattan County, New York and you hereby irrevocably submit to personal jurisdiction in such courts, and waive any defense of inconvenient forum.
17. FEEDBACK
If you provide any feedback to Pilates Live concerning the functionality and performance of the Service (including identifying potential errors and improvements), You hereby assign to Pilates Live all right, title, and interest in and to such feedback, and Pilates Live is free to use such feedback without payment or restriction.
18. ENTIRE AGREEMENT: VARIATON
These Terms set forth the entire agreement between Pilates Live and you with respect to the Service. These Terms supersede and govern all previous oral and written communications regarding these matters, all of which are merged into these Terms. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter these Terms. These Terms may be changed only by a written agreement signed by an authorized agent of the party against whom enforcement is sought.
19. SEVERABILITY
If any provision of these Terms is held invalid, illegal or unenforceable, such provisions will be modified, or if not possible, severed, to reflect the fullest valid, legal and enforceable expression of the intent of the parties and the remainder of these Terms will not be affected thereby.
20. RELATIONSHIP OF PARTIES
Nothing herein will be deemed to create an employer-employee relationship between Pilates Live and you, nor any agency, joint venture or partnership relationship between the parties. Neither party will have the right to bind the other to any obligation, nor have the right to incur any liability on behalf of the other.
21. WAIVER
No delay, omission, or failure to exercise any right or remedy provided herein will be deemed to be a waiver thereof or an acquiescence in the event giving rise to such right or remedy, but every such right or remedy may be exercised, from time to time as may be deemed expedient by the party exercising such remedy or right.
BY USING THE SERVICE OR BY CLICKING "I AGREE" YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND YOUR AGREEMENT TO BE BOUND BY THESE TERMS, AS WELL AS ALL APPLICABLE LAWS AND REGULATIONS. YOU ARE NOT PERMITTED TO USE THE SERVICE IF YOU DO NOT AGREE TO THESE TERMS. THESE TERMS CAN BE CHANGED, MODIFIED, SUPPLEMENTED, AND/OR UPDATED BY Pilates Live ("Pilates Live" "WE, "OUR," OR "US") AT ANY TIME.
We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on our Platform, however, you should look at the Terms regularly to check for such changes. YOUR CONTINUED USE OF THE SERVICE AFTER THE MODIFICATION OF THESE TERMS MEANS THAT YOU ACCEPT ALL SUCH CHANGES. ACCORDINGLY, YOU ARE ADVISED TO CONSULT THESE TERMS EACH TIME YOU ACCESS THE SERVICE IN ORDER TO VIEW ANY CHANGES TO THESE TERMS.
Your access to and use of our Services is also subject to our Privacy Policy and Community Guidelines, the terms of which can be found directly on the www.PilatesLive.com.
AS FURTHER DESCRIBED BELOW, YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING THIS OR ANY OTHER EXERCISE PROGRAM. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING. NOTHING STATED OR POSTED ON THE SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL ADVICE OR CARE. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.
IN THE EVENT OF A MEDICAL OR HEALTH EMERGENCY, PLEASE CALL 911 OR APPROPRIATE EMERGENCY RESPONDERS IMMEDIATELY.
ARBITRATION NOTICE FOR USERS: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST PILATES LIVE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND PILATES LIVE AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND PILATES LIVE WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. USE OF THE SERVICE
The "Service" is Pilates Live\’s website located at www.PilatesLive.com and Pilates Live\’s mobile applications, as each may be updated, relocated, or otherwise modified from time to time, including through networks, embeddable widgets, downloadable software, and tablet computer applications, and all intellectual property contained therein. The Service provides a platform to enable users to access and watch live and on-demand fitness classes and consume motivational content on their personal computer, mobile device or TV and to purchase certain related merchandise ("Merchandise"). Any person who accesses and/or uses the Service, whether on his or her own behalf or on behalf of any third party, will be referred to herein as a "Pilates Live Member".
Subject to the terms and conditions of these Terms, Pilates Live hereby grants you a limited revocable, non-exclusive, non-transferable license to access and use the Service, solely in the manner intended by Pilates Live. Unless otherwise specified in writing, the Service is solely for your personal use and not for resale. Pilates Live reserves the right at all times and without notice to: (i) restrict and/or terminate your access to the Service (or any portion thereof); and (ii) modify or discontinue providing the Service (or any portion thereof).
2. REGISTRATION
In order to become a Pilates Live Member, you must complete the registration process by providing Pilates Live with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that in the event you provide any information to Pilates Live which is untrue, inaccurate, not current or incomplete, Pilates Live may terminate these Terms and your continued access and use of the Service. If you are using the Service on behalf of an individual, company, entity, or organization (each, an "Organization"), you represent and warrant that (A) you are an authorized representative of such Organization with the authority to bind such Organization to these Terms, (B) agree to be bound by these Terms on behalf of such Organization, and (C) your Organization meets the eligibility requirements for the Service, as set forth in these Terms. Further, you will be solely responsible for ensuring your Organization complies with these Terms.
As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. You agree to notify Pilates Live immediately of any unauthorized use of your account or any other breach of security. To notify us, contact us at help@pilateslive.com. You are responsible for all use of the Service occurring under your user name. You are responsible for keeping your password confidential and for notifying us if your password has been hacked or stolen. Pilates Live will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for any losses incurred by Pilates Live or another party due to someone else using your account or password.
3. OWNERSHIP OF INTELLECTUAL PROPERTY
The contents of the Services, including all Services software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the Services, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, "Material"), are the property of Pilates Live, and any of its successors and assigns, and any of its respective licensors (for example, certain software on the Services may contain software owned by third parties and Postings may be owned by you or third parties), Advertisers (as defined below), suppliers, and operational service providers and are legally protected under applicable U.S. and foreign laws, rules and regulations and international treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term "Services" includes "Material" as well. The Services are to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on the Services, including notices on any Material you are permitted to download, transmit, display, print or reproduce from the Services. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of Pilates Live. Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws. We require users to respect our copyrights, trademarks, and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act expeditiously to remove content on the Services that infringes the copyright rights of others and will disable the access to the Services and its services of anyone who uses them repeatedly to infringe the intellectual property rights of others.
You may use the Service solely for lawful purposes, as intended through the provided functionality of the Service. You may not use the Service in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Service. You may not attempt to gain unauthorized access to the Service, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you expressly agree that you will not (and you agree not to allow or assist any third party to):
a. use, copy, install, transfer or distribute the Service, except as specifically permitted by these Terms;
b. modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Service or its Content (as defined below);
c. remove or alter any copyright, trademark or other proprietary rights notices contained in or on the Service or in or on any content or other material obtained through the Service or the use of the Service;
d. create user accounts by automated means or under false or fraudulent pretenses;
e. use any robot, spider, screen or database scraper, site search or retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Service;
f. probe, scan or test the vulnerability of any system or network or breach any security or authentication measures;
g. reformat, mirror, or frame any portion of the web pages that are part of the Service;
h. express or imply that any statements you make are endorsed by us, without our prior written consent in each instance;
i. transmit (i) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights, (ii) any material, non-public information about individuals or companies without the authorization to do so, (iii) any trade secret of any third party, and/or (iv) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us), or engage in spamming or flooding;
j. transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
k. harvest or collect information about other users without their prior written consent;
l. undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Service, including Content, or attempt to do any of the foregoing, except and solely to the extent permitted by these Terms, the Service's authorized features, or by law, or otherwise attempt to use or access any portion of the Service other than as intended by Pilates Live;
m. access, tamper with, or use non-public areas of the Service, Pilates Live's (and its hosting company's) computer systems and infrastructure, or the technical delivery systems of Pilates Live's providers;
n. harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including Pilates Live employees and other users;
o. create a new account with Pilates Live, without Pilates Lives express written consent, if Pilates Live previously disabled an account of yours;
p. solicit, or attempt to solicit, personal information from other users, except as permitted through the Service's functionality;
q. restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of such person, or collect information about users;
r. gain unauthorized access to the Service, to other users' accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service;
s. violate any applicable federal, state or local laws (including laws requiring the consent of subjects of audio and video recordings), regulations or these Terms;
t. use the Service for any illegal, inappropriate and/or unauthorized conduct, including without limitation, using the Service to contact other Pilates Live Users for sexual or other inappropriate purposes, or using the Service in violation of Pilates Live's or any third party's intellectual property or other proprietary or legal rights; or
u. use or access the Service to build a competing service. We may take any legal action and implement any technical remedies to prevent the violation of these provisions and to enforce these Terms.
You are responsible for compliance will all recording laws. Certain features of the Service may allow you and other Pilates Live Members to record or take screenshots during group fitness classes. By using the Service, you consent to allow Pilates Live and other Pilates Live Members to record and store recordings of group fitness classes. If you do not consent to being recorded, you should not utilize the group fitness class features of the Service.
4. ADVERTISING
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the "Advertisers"), such as our advertisers, sponsors, or promotional partners, as a result of your use of the Services. All such communication, interaction and participation is strictly and solely between you and such Advertisers and, to the fullest extent permissible by law, we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
5. CONTENT SUBMITTER TO THE SERVICE
a. By sending or transmitting to us information, opinions, creative suggestions, ideas, notes, concepts, or other materials (collectively, "Materials"), or by posting such Materials to any area of the Service, you grant Pilates Live and its designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Materials in any media now known or hereafter developed to enhance and develop the Service, including by marketing and advertising the Service, without compensation to you; provided that we will never use your name in connection with any of your Materials that we use in our own advertising and marketing materials without obtaining your prior consent. None of the Materials will be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we will not be liable for any use or disclosure of any Materials. Pilates Live may remove or alter any Materials at any time for any reason. We neither endorse nor are responsible for any opinion, advice, information, or statement made or displayed on the Service by any user. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages, or for any results obtained from the use of such information. Under no circumstances will Pilates Live and/or its affiliates, suppliers, or agents be liable for any loss or damage caused by your reliance on such information obtained through the Service. We cannot and do not take responsibility for the veracity, reliability, or completeness of any opinion, advice, information, or statement available on the Service.
b. The opinions expressed on the Service by users reflect solely the opinions of the users who post thereon and do not reflect the opinions of Pilates Live. You acknowledge and agree that we have the right (but not the obligation) to monitor the Service and Materials; to alter or remove any Materials; and to disclose Materials and the circumstances surrounding their transmission to any third party in order to operate the Service properly; to protect ourselves, our sponsors, and our members and visitors; and to comply with legal obligations or governmental requests. If you believe a message violates our member policies, please contact Pilates Live immediately at help@pilateslive.com so that we can consider its editing or removal.
c. You are solely responsible for your Materials and the consequences of posting them on the Service. By posting Materials, you represent, warrant, and covenant that: (i) you are the creator and owner of the Materials or otherwise have sufficient rights and authority to grant the rights granted herein; (ii) your Materials do not and will not (A) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (B) slander, defame, or libel any other person; (iii) your Materials do not contain any viruses, adware, spyware, worms, or other harmful or malicious code or (iv) unless you have received prior written authorization, your Materials specifically do not contain any confidential information of any third party. We reserve all rights and remedies against any users who breach these representations and warranties.
d. Sending Messages. The Service may allow Pilates Live Members to exchange messages ("Messages") with each other. Sending Messages is a privilege, not a right, and Pilates Live may terminate such privileges of any Pilates Live Member at any time and for any reason, without any liability to such Pilates Live Member. Harmful, obscene, or offensive communications are not welcome in any Messages. If a user sends you an objectionable Message, please notify us by sending an e-mail to help@pilateslive.com. You should exercise discretion, good sense, and sound judgment when sending a Message. You are solely responsible for the content of any Message you send. You agree that Pilates Live may monitor Messages for compliance with these Terms, and therefore, Messages should not be considered confidential or proprietary. You hereby grant us an assignable, sublicensable, irrevocable license to reproduce and transmit your Messages in connection with facilitating transfer to the intended recipient through the Service and for such other purpose as Pilates Live may deem appropriate in its sole discretion.
6. CONTESTS
Pilates Live may provide contests on the Service. The rules, regulations, and procedures governing such contests ("Contest Rules") will be accessible through a hypertext link displayed on the web page where the contest or game may be located. By entering or participating in any of our contests or games, you agree to be subject to those rules, regulations and procedures as well as the terms and conditions of these Terms. In the event of a conflict between any Contest Rules and these Terms, the applicable Contest Rules will govern.
7. TERM AND TERMINATION
a. Term. The term of these Terms (the "Term") will commence on the date on which you first access or utilize the Service in any way (the "Effective Date") and will continue so long as you continue to access or utilize the Service; provided that Pilates Live reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of these Terms including, without limitation, the suspension or termination of the user's access and/or account, or blocking the user from access to the Service. Pilates Live may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, Pilates Live reserves the right at all times to disclose any information as Pilates Live deems 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 Pilates Live's sole discretion.
b. Effect of Termination. The following Sections of these Terms will survive termination or expiration of the Agreement: 1.c, 2.c, 3, 5.e, 6, 8.b, 9, 10, 16, 18, 27. Payments by you, which accrue or are due before termination of your membership, will continue to be payable by you, and amounts owed to Pilates Live at the time of such termination or expiration will continue to be owed by you, after such expiration or termination.
8. WAIVER
In consideration of the acceptance of an individual's participation in a Fitness class (the "Program"), Individual (client name) hereby waives any liability Pilates Live may have arising out of Individual's participation in the Program. Furthermore, Individual has been given the rules and regulations of the Program, and as an Individual, hereby agrees to hold harmless Pilates Live and all other persons and entities, including but not limited to any owner/operator utilized during the Program and all sponsors, individuals, third parties, clients, teachers, instructors, instructor Trainees, Personal Trainers, Group Exercise Instructors and the like involved in or otherwise connected with the Program for any damages or physical injury. Pilates Live urges you to obtain a physical examination from a doctor before participating in the Program or participating in any exercise activity. Pilates Live Member agrees that by participating in physical exercise or training activities, they do so entirely at their own risk. Pilates Live Member agrees that they are voluntarily participating in the Program and these activities and the use of facilities and assumes all risks of injury, illness, or death. Pilates Live Member acknowledges that Pilates Live Member has carefully read this "waiver and release" and fully understands that it is a complete release of liability. Individual expressly agrees to release and discharges all trainers, instructors, other individuals, officers, directors, employees of Pilates Live from any and all claims or causes of action and Pilates Live Member agrees to voluntarily give up or waive any right that Individual may otherwise have to bring a legal action against any of the foregoing for personal injury or property damage. If any portion of this release from liability shall be deemed by a Court of competent jurisdiction to be invalid and/or unenforceable, then the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions severed. By signing this release, Pilates Live Member acknowledges that Pilates Live Member understands its content and that this release cannot be modified orally.
9. DISCLAIMER OR WARRANTIES
a. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. YOU ACKNOWLEDGE THAT, BECAUSE OF THE NATURE OF THE INTERNET, MOBILE NETWORKS, AND THE DEVICES WHICH ACCESS THE INTERNET AND/OR MOBILE NETWORKS, THE SERVICE MAY NOT BE ACCESSIBLE WHEN NEEDED, AND THAT INFORMATION, DATA, AUDIO AND VIDEO TRANSMITTED OVER THE INTERNET AND/OR MOBILE NETWORKS MAY BE SUBJECT TO INTERRUPTION OR THIRD PARTY INTERCEPTION AND MODIFICATION. TO THE FULLEST EXTENT PERMITTED BY LAW, PILATES LIVE DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE. TO THE FULLEST EXTENT PERMITTED BY LAW, NONE OF PILATES LIVE, ITS AFFILIATES OR SERVICE PROVIDERS, PILATES LIVE'S CONTENT PROVIDERS AND/OR THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES NOR THE EMPLOYEES, AGENTS AND/OR CONTRACTORS (COLLECTIVELY, THE "PILATES LIVE PARTIES") WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE SERVICE. PILATES LIVE CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY OF CONTENT AND INFORMATION ACCESSED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND YOUR RELIANCE UPON ANY OF THE RESPECTIVE CONTENT IS AT YOUR SOLE RISK.
b. You acknowledge that any information you obtain from another Pilates Live Member comes from those individuals, and not from Pilates Live, and that Pilates Live, to the fullest extent permitted by law, is not in any way responsible for any of the information these third parties may supply or for any statements, claims, or representations they may make. To the fullest extent permitted by law, Pilates Live disclaims any such statements, claims, or representations and the same do not expand or otherwise modify the terms of these Terms. If you are dissatisfied with the Service, your sole and exclusive remedy is to discontinue accessing and using the Service.
10. LIMITATION OF LIABILITY
a. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PILATES LIVE MEMBER IS SOLELY RESPONSIBLE FOR (I) HIS OR HER USE OF THE SERVICE, AND (II) ANY DAMAGES INCURRED BY HIM OR HER OR ANY THIRD PARTY THAT ARISE FROM OR ARE RELATED TO THE SERVICE. THE AGGREGATE LIABILITY OF THE PILATES LIVE PARTIES FOR ANY DAMAGES, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, WILL BE LIMITED TO ACTUAL DAMAGES PROVED, AND NOT TO EXCEED THE AMOUNT PAID BY YOU TO PILATES LIVE FOR THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, NONE OF THE PILATES LIVE PARTIES WILL BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF PILATES LIVE OR ITS CONTENT PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b. TO THE FULLEST EXTENT PERMITTED BY LAW, NONE OF THE PILATES LIVE PARTIES WILL HAVE ANY LIABILITY WHATSOEVER FOR ANY LOSSES; COSTS OR DAMAGES OF ANY KIND INCURRED OR SUFFERED BY YOU AS A RESULT OF SERVICES PROVIDED BY ANY OF OTHER PILATES LIVE MEMBER PURSUANT TO THE SERVICE.
c. YOU REPRESENT THAT YOU HAVE INDEPENDENTLY INVESTIGATED THE ADVISABILITY OF USING THE SERVICE AND THE POSSIBLE RISKS INVOLVED IN USING THE SERVICE. YOU AGREE TO MAINTAIN YOUR OWN INSURANCE COVERING SUCH RISKS AND WILL LOOK SOLELY TO SUCH INSURANCE FOR REIMBURSEMENT OF ANY RESULTING DAMAGES.
11. THIRD PARTY DISPUTES
PILATES LIVE IS NOT AFFILIATED WITH ANY CARRIER, SERVICE PROVIDER, OR THIRD PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, THIRD PARTY SERVICE OR OTHER THIRD PARTY ARISING FROM YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY OTHER PILATES LIVE MEMBER OR YOUR EMPLOYER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE PILATES LIVE (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
12. FORCE MAJEURE
Pilates Live will not be liable for any delay or failure to perform any obligation herein if the delay or failure is due to unforeseen events that are beyond Pilates Live reasonable control, such as strikes, blockade, war, terrorism, riots, natural disasters, epidemic or governmental action, in so far as such an event prevents or delays Pilates Live in fulfilling its obligations hereunder.
13. INDEMNIFICATION AND RELEASE
a. To the fullest extent permitted by law, you will defend, indemnify and hold Pilates Live, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents, harmless against any loss or damage of any kind (including, without limitation, attorneys' fees and lost revenues) arising from: (i) any and all breaches by you of these Terms or any representation, warranty or covenant contained herein; (ii) any and all use of the Service not specifically authorized hereunder and on the Service; and (iii) any and all claims and actions against Pilates Live by other parties to whom you allow access to the Service.
b. To the fullest extent permitted by law, you further waive, release and forever discharge the Pilates Live Parties from any and all responsibility or liability for injuries or damages resulting from your Massages or any other service obtained through the use of the Service, including injuries or damages caused by the negligent act or omission of the Released Parties or in any way arising out of or connected with the Service.
c. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You will not, in any event, settle any claim or matter without our written consent.
14. ADDITIONAL SERVICE FEATURES
The Service may contain information on products and services provided by third parties, and links (including advertisements) to third party web sites. This information and these products, services, and links are provided only as a convenience to Pilates Live Members. Pilates Live does not review or control this information or these products, services, or other web sites, and Pilates Live does not make any representations or warranties, express or implied, regarding this information or these products, services, or web sites. Inclusion of any of the foregoing in the Service does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Pilates Live with respect to any third party or its web site or content, or any information, products, or services provided by that third party. Pilates Live is under no obligation to maintain any link on the Service and may remove a link at any time in its sole discretion for any reason whatsoever.
15. PROTECTED ACTIVITY NOT PROHIBITED
You should understand that, insofar as permitted by applicable law, nothing in these Terms will in any way limit or prohibit you from filing a charge or complaint with, or otherwise communicating or cooperating with or participating in any investigation or proceeding ("Protected Activity") that may be conducted by any federal, state or local government agency or commission ("Government Agencies"). You understand that in connection with such Protected Activity, you are permitted to disclose documents or other information as permitted by law, and without giving notice to, or receiving authorization from, Pilates Live. Notwithstanding, in making any such disclosures or communications, you agree to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute Pilates Live confidential information to any parties other than the Government Agencies.
16. GOVERNING LAW: CHOICE OF FORUM
The laws of the State of New York, excluding its conflicts of law rules, govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws; provided, however, that the United Nations Convention on Contracts for the International Sale of Goods will not apply to any provision of these Terms. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in Manhattan County, New York and you hereby irrevocably submit to personal jurisdiction in such courts, and waive any defense of inconvenient forum.
17. FEEDBACK
If you provide any feedback to Pilates Live concerning the functionality and performance of the Service (including identifying potential errors and improvements), You hereby assign to Pilates Live all right, title, and interest in and to such feedback, and Pilates Live is free to use such feedback without payment or restriction.
18. ENTIRE AGREEMENT: VARIATON
These Terms set forth the entire agreement between Pilates Live and you with respect to the Service. These Terms supersede and govern all previous oral and written communications regarding these matters, all of which are merged into these Terms. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter these Terms. These Terms may be changed only by a written agreement signed by an authorized agent of the party against whom enforcement is sought.
19. SEVERABILITY
If any provision of these Terms is held invalid, illegal or unenforceable, such provisions will be modified, or if not possible, severed, to reflect the fullest valid, legal and enforceable expression of the intent of the parties and the remainder of these Terms will not be affected thereby.
20. RELATIONSHIP OF PARTIES
Nothing herein will be deemed to create an employer-employee relationship between Pilates Live and you, nor any agency, joint venture or partnership relationship between the parties. Neither party will have the right to bind the other to any obligation, nor have the right to incur any liability on behalf of the other.
21. WAIVER
No delay, omission, or failure to exercise any right or remedy provided herein will be deemed to be a waiver thereof or an acquiescence in the event giving rise to such right or remedy, but every such right or remedy may be exercised, from time to time as may be deemed expedient by the party exercising such remedy or right.
