MIGHTY PILATES LLC Terms of Service

 

  1. Introduction

These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.

This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor.

 

  1. Intellectual Property Rights

Other than content you own, which you may have opted to include on this Website, under these Terms, [COMPANY NAME] and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.

You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.

 

  1. Restrictions

You are expressly and emphatically restricted from all of the following without written permission:

  • publishing any Website material in any media;
  • selling, sublicensing and/or otherwise commercializing any Website material;
  • publicly performing and/or showing any Website material;
  • using this Website in any way that is, or may be, damaging to this Website;
  • using this Website in any way that impacts user access to this Website;
  • using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
  • using this Website to engage in any advertising or marketing;

Certain areas of this Website are restricted from access by you and Mighty Pilates LLC may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion.  Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.

 

  1. Your Content

In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant Mighty Pilates LLC a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be infringing on any third party’s rights. Mighty Pilates LLC reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.

 

  1. No warranties

This Website is provided “as is,” with all faults, and Mighty Pilates LLC makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.

 

  1. Limitation of liability

In no event shall Mighty Pilates LLC, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Mighty Pilates LLC including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

 

  1. Indemnification

You hereby indemnify to the fullest extent Mighty Pilates LLC from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

 

  1. Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

 

  1. Variation of Terms

Mighty Pilates LLC is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.

 

  1. Assignment

Mighty Pilates LLC shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

 

  1. Entire Agreement

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Mighty Pilates LLC and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

 

  1. Governing Law & Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the State of California and you submit to the non-exclusive jurisdiction of the state and federal courts located in California for the resolution of any disputes.

 

 

  • Login and Password

 

To open a member account, you must complete the registration process by providing Mighty Pilates LLC with current, complete and accurate information as prompted by your account profile. In registering for the member account, you agree to submit accurate, current and complete information, and to promptly update such information. Should Mighty Pilates LLC suspect that such information is untrue, inaccurate, not current or incomplete, Mighty Pilates LLC has the right to suspend or terminate your access to the Site. Your user account cannot be shared or used by anyone other than you. By opening a user account, you are confirming that you are at least eighteen (18) years of age.

Upon registration, you will receive a user name and personal password. You will be responsible for keeping your user name and password confidential. You will notify us immediately upon learning of any unauthorized use of your user name and password. Mighty Pilates LLC cannot and will not protect you from the unauthorized use of your user name and password. You will be responsible for all activities and charges incurred through the use of your user name and password, and any claims, liabilities, damages, losses and costs (including reasonable attorneys’ fees) resulting from the unauthorized use of your user name and password, except for unauthorized use of your user name and password directly resulting from the gross negligence or willful misconduct of Mighty Pilates LLC. This Agreement is personal to you, and you shall not assign your rights to anyone.

 

14. Health and Class Information

You acknowledge that the participation in physical exercise and Pilates classes naturally involves the risk of injury. You further acknowledge that specific risks include injuries resulting from overexertion, physical adjustment, improper or negligent use of recommended equipment (e.g., blocks and/or straps), failure to follow trainer instructions, or injuries resulting from participation in an inappropriate level of physical exercise. As such, you understand and voluntarily accept these risks and agree that you are solely responsible for selecting classes and activities that are appropriate for your skill and ability level.

15. Third Party Sites & Links

The Site may contain links to web sites controlled by parties other than Mighty Pilates LLC. Mighty Pilates LLC is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party web sites or any transactions completed through such web sites. Mighty Pilates LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Mighty Pilates LLC  of the linked web site, notwithstanding the inclusion on such web site of the trademarks of Mighty Pilates LLC or its Third Party Providers. It is your responsibility to take precautions to ensure that whatever materials you select for your use are sufficient for your purposes and are free of viruses or other items of a destructive or invasive nature.  Materials provided by Third Party Providers on the Site have not been independently reviewed, tested, certified, or authenticated in whole or in part by Mighty Pilates LLC. Mighty Pilates LLC  does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Mighty Pilates LLC. Any correspondence with, purchase of goods or services from, or participation in third party promotions of such Third Party Providers is solely between you and the applicable Third Party Provider.

You may link to our home page located at www.mightypilates.com, provided that any such link does not imply any affiliation, endorsement, or sponsorship of your web site by Mighty Pilates LLC. You may not frame or otherwise incorporate into any other web site any of the Materials