Thank you for visiting liftpilatesstudio.com. Lift Pilates Studio, Inc. (“LPS”) provides online services to you subject to the following terms of use. Please review these terms of use thoroughly. If you choose to visit or browse liftpilatesstudio.com, then you accept these terms of use.
- Age Restriction, Definitions
Pilates is intended for persons of all ages; however, the products and services offered through liftpilatesstudio.com may not be accessed by a person less than eighteen (18) years of age without supervision of that person’s parent or guardian. If you have questions about the appropriate use of LPS products or services by a person less than eighteen (18) years of age, you should contact us through the channels identified in the Contact Information section, below.
“You” and “your” shall refer to any user of LPS products or services, including the use of liftpilatesstudio.com
- Applicable Law
By visiting liftpilatesstudio.com, you are agreeing that these terms of use are governed by the laws of the State of Washington, which will apply in any controversy arising out of your use of liftpilatesstudio.com’s website, including but not limited to litigation and arbitration.
- Communication with LPS
By emailing LPS or visiting liftpilatesstudio.com, you are communicating with us and are consenting to receive communications from us by email or by our posting of notices on liftpilatesstudio.com. You are also agreeing that all communications that we make by email or posting on our website satisfy any legal requirement that such communication be made in writing.
- Contact Information
You may email LPS at theliftgirl@liftpilatesstudio.com.
- Intellectual Property
Copyrights
All content available on liftpilatesstudio.com, including videos, text, images, downloadable content, logos, graphics, animations, and software is the exclusive property of LPS or its developers and suppliers and is protected by United States and international copyright laws. LPS copyrights may not be used by anyone without the prior express, written consent of LPS.
LPS desires to avoid unauthorized use of the intellectual property of third parties. If you believe that any content on liftpilatesstudio.com has infringed on your intellectual property, please notify us through the channels identified in the Contact Information section so that we may investigate your concerns.
Trademarks and Trade Dress
The Lift Girl, liftpilatesstudio.com, and Lift Pilates Studio are trademarks, registered trademarks, or trade dress of LPS in the United States and or other countries. LPS’s trademarks or trade dress may not be used by anyone without the prior express, written consent of LPS. Any trademark appearing on liftpilatesstudio.com that is not owned by LPS is the property of its owner, who may or may not be associated with LPS.
- Disclaimer of Warranties and Limitation of Liability
All services and materials, including but not limited to videos, images, manuals, text, software, services, and goods, available from or through LPS or liftpilatesstudio.com are provided by LPS “as is” and “as available,” unless otherwise agreed in writing. LPS makes no representations or warranties of any kind, express or implied, regarding the operation of this site or any of the material contained therein.
Pilates requires physical exertion that your body may or may not be equipped to undertake. Prior to utilizing any content available from LPS or through liftpilatesstudio.com, you should consult with your physician to determine that you are physically capable of the exercise required of a participant in a Pilates class. In using content available through LPS or liftpilatesstudio.com, you represent that you have consulted with your physician to determine whether Pilates is appropriate for you. YOU EXPRESSLY AGREE THAT THE USE OF THIS SITE BY YOU OR BY ANY PERSON UNDER YOUR SUPERVISION IS AT YOUR SOLE RISK. LPS disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. LPS disclaims all liability for any damages of any kind resulting from the use of liftpilatesstudio.com and from any information, content, services, and products made available to you by LPS. LPS will not be liable for direct, indirect, incidental, punitive, and consequential damages.
The laws in some states do not allow limitations on certain warranties or damages. If these laws are found to be applicable to you, you may have additional rights as some of the information contained in the preceding paragraph may not apply to you.
While LPS will not knowingly place any malicious content on liftpilatesstudio.com or in its emails, LPS cannot guarantee that liftpilatesstudio.com or any content contained therein, in addition to emails from LPS, are free from malicious content such as viruses and spyware.
- Grant of License
LPS grants you a limited license to access liftpilatesstudio.com for personal, non-commercial uses subject to these terms of use. Your purchase of online products or services, including but not limited to videos and instruction, grants you a limited license to access the products or services purchased for the duration of time or number of uses identified during the purchasing process. Any uses beyond the scope of limited license identified here are prohibited. The following is a non-exclusive list of prohibited uses of the limited license, provided for example purposes: altering or changing any portion of the liftpilatesstudio.com website or any of the contents therein; resale or file-sharing of any of the contents available through liftpilatesstudio.com; any commercial use of LPS copyrights without prior express written consent; data mining or gathering and extracting information from liftpilatesstudio.com; portrayal of LPS or liftpilatesstudio.com in a derogatory manner.
Any unauthorized use of any license given to you by LPS terminates these grants of license.
- Jurisdiction and Venue for Disputes
Any dispute resulting from your use of liftpilatesstudio.com or relating in any way to your interaction with LPS or liftpilatesstudio.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $5,000 shall be adjudicated in a state or federal court located in King County, Washington. Your use of liftpilatesstudio.com or any product or service from LPS constitutes your consent to exclusive jurisdiction and venue in such courts.
- Privacy Policy
Please review the LPS Privacy Policy, which also governs your use of liftpilatesstudio.com.
- Product Descriptions, Returns, and Pricing
In selling products and services, LPS intends to communicate the nature and content of any products and services clearly. In the unlikely event that a tangible product purchased by you is not the tangible product that you thought you were purchasing, you may return it to LPS for a refund as long as less than thirty days have passed and the product is in new condition, in the sole discretion of LPS. You are encouraged to contact LPS through the Contact Information section, above.
LPS offers a free demo video for the purpose of giving you an understanding of the nature and extent of the classes offered through liftpilatesstudio.com. LPS strongly encourages you to review this video in its entirety prior to purchasing additional classes. Upon purchase of a video or of a combination of videos, your purchase is final and nonrefundable. In the event that you are denied access to a video you have purchased and you believe that the denial was the result of a technical malfunction, you are encouraged to contact LPS through the Contact Information section, above. While LPS cannot guarantee that any or all of the features of liftpilatesstudio.com will work with any or all of your electronic devices, LPS is committed to using commercially reasonable means to resolve any technical difficulties that you experience while visiting liftpilatesstudio.com.
While LPS regularly reviews and maintains liftpilatesstudio.com, on occasion an item or items available through liftpilatesstudio.com may unintentionally be priced incorrectly. If an item is priced incorrectly, we reserve the right to notify you of the error, cancel the order and refund the purchase price.
- Reservation of Rights, Severability
We reserve the right to change our terms of use, privacy policy, and any other aspect of liftpilatesstudio.com at any time. If any aspect of these terms of use, the privacy policy, or liftpilatesstudio.com is deemed invalid, unenforceable, or void for any reason, then that aspect shall be deemed severable and shall have no influence on the enforceability of all remaining provisions, which shall continue in full force and effect.
- Risk of Loss
Any product or service purchased from LPS is purchased pursuant to a shipping contract. This means that you bear the risk of loss and that you are the owner of the purchased item(s) at the time of our delivery to the carrier.
- Third Party Vendors
Third parties not under the control of LPS may offer products or services through liftpilatesstudio.com. In accessing liftpilatesstudio.com, you agree that LPS is not responsible for the content offered from any third party that is accessible through liftpilatesstudio.com and you acknowledge the following: LPS does not warrant the products or services of any third party; LPS does not assume any liability for any acts or omissions of a third party accessible through liftpilatesstudio.com. LPS strongly encourages you to review the privacy policy and terms of use of any third party that you access through liftpilatesstudio.com.
- User Accounts
You are responsible for ensuring the confidentiality of all aspects of your account, including but not limited to username, password, and access to your computer. You accept all responsibility for acts performed by your username and with respect to your account.
- User Generated Content
LPS may provide venues in which you may post content such as reviews, feedback, photos, or other information after establishing a user account. You must provide your email address in order to establish an account. You are allowed to post content on the condition that it is not defamatory, derogatory, obscene, tortuous, or illegal. Examples of tortious or illegal behavior include threats, violation of intellectual property rights, invasion of privacy, and other similar activities. You may not post content that is commercial in nature, spam (including chain letters, mass mailings, etc.), political campaigning, embedded with malicious content such as viruses, spyware, etc.
In the event that you are concerned about third party content that violates the conditions identified in this subsection, please contact us through the channels identified in Contact Information, above. LPS RESERVES THE RIGHT BUT NOT THE OBLIGATION TO EDIT OR REMOVE POSTED CONTENT BUT DOES NOT REGULARLY REVIEW POSTED CONTENT.
Any person that posts content on liftpilatesstudio.com has granted LPS an irrevocable, royalty-free right to use that content in any manner. Uses may include but not be limited to copying, altering, publishing, sublicensing, translating, and distributing the content in any medium. By posting content on liftpilatesstudio.com, you represent that you own or have rights to post such content and that the posting does not violate the LPS terms of use. You further indemnify LPS for all claims arising from or related to content that you have posted on liftpilatesstudio.com