TERMS 0F USE

THE PILATES HAUS, LLC TERMS AND CONDITIONS

The Pilates Haus, LLC’s website at www.thepilateshaustx.com, and the Pilates Haus mobile application (collectively hereinafter referred to as the “Site”), are owned and operated by Pilates Haus and materials on the Site are owned or controlled by Pilates Haus. The Site may include materials or applications owned by third parties by virtue of a grant, license, or agreement between a third party and Pilates Haus.  This Site has been developed for your personal use, enjoyment, and education. By accessing and/or using any of the services, you fully agree to abide by all applicable laws, and accept, without qualification, these Terms of Use, Conditions, and the Privacy Policy, which forms a legally binding Agreement.

PLEASE NOTE THESE TERMS CONTAIN DISCLAIMERS OF LIABILITY, LIMITATIONS OF LIABILITY, AN INDEMNITY BY YOU, AND A REQUIREMENT FOR BINDING ARBITRATION.  IF YOU DO NOT AGREE WITH THESE TERMS, THEN PLEASE DO NOT USE THE SERVICES.  Any questions or comments regarding the Site, problems you may encounter with this Site or if you become aware of misuse of this Site by any person, then you should contact the Site Administrator at admin@thepilateshaustx.com.

CHANGES IN TERMS

The Pilates Haus reserves the right to modify and/or amend this Agreement without notice, at any time.  The latest Terms of Use and Conditions will be accessible through the Site and you herewith agree to always review the Terms of Use and Agreement, prior to using the Pilates Haus services.  

ACCESS AND USE

The Site is provided for your informational and personal use only.  By accessing and using this Site, you represent and warrant that you are at least 18 years old or if between 14 and 18 years of age, have written permission of your parent or legal guardian and are subject at all times to these Terms and Conditions. Use of the Site is void where prohibited by applicable law and the right to access the Site is revoked in such jurisdictions.  By using the Site, participating in any Site activities, or providing us with your personal information, you consent to the use, disclosure, storage, transfer and/or processing of any information you provide to the Site.

You may not use the Site in such a manner as to violate any applicable law or these Terms and Conditions. When using the Site, you agree to comply with applicable federal, state and local laws including, without limitation, privacy laws, data-protection laws, and intellectual-property laws. You may not use the Site for the purposes of destroying, disrupting or interrupting any software, hardware or any part of the Site or Internet, with respect to the Company or any other party, including denial of service attacks, imposition of an unreasonable or disproportionately large load on infrastructure, or virus or malware dissemination. 

You agree that you will provide true, current, complete and accurate information as requested on any forms provided through this Site. If you are completing any forms or providing any other information on behalf of another entity or an individual, you represent and warrant that you have the authority to provide the information and bind the entity or individual to these Terms and Conditions. You also represent and warrant that you are and will remain in compliance with all applicable laws and regulations, including, without limitation, federal, state, and local laws and regulations related to the collection, use, transmission, disclosure and storage of personally identifiable information. We are not and will not be responsible or liable for any errors or delays in responding to any orders, inquiries or other requests caused by any incorrect, outdated or inaccurate information provided by you or any technical problems with the Site.

PROHIBITED USES

You may use the Site only for lawful purposes and in accordance with these Terms and Conditions. Without limiting the foregoing, you agree not to use the Site:

  • In any way that violates any applicable federal, state, local, or international law or regulation.

  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names).

  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site, or expose them to liability.

  • Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.

  • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.

  • Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

  • Use any device, software, or routine that interferes with the proper working of the Site or introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful or attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.

  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with the proper working of the Site.

INTELLECTUAL PROPERTY

The Site and its entire contents, features, and functionality content (and any derivative works or enhancements of the same), including but not limited to all displays, text, illustrations, files, scripts, graphics, photos, logos, music, videos, information, content, materials, products, services, URLs, technology, documentation, interactive features, icons, images, sounds or software (collectively, the “Site Content”) and all intellectual property rights to the same are owned or licensed by us. As between you and the Company, the compilation of the Site Content is the exclusive property of the Company and is protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Site solely for your own internal, non-commercial use and to purchase Company products. The Company may revoke any of the foregoing rights at any time.

You may not, without the Company’s prior written consent, mirror, frame, deep link, page scrape, distribute, post, reproduce, publish or otherwise transmit any Site Content contained on this Site on any other server or Site. Upon termination of any rights extended hereunder, your right to use the Site will stop immediately, and you must, at our option, immediately destroy any downloaded and printed materials. Any unauthorized use of the Site Content may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes. Any use other than that permitted above is strictly prohibited and a breach of these Terms and Conditions.

All trademarks, service marks, trade names and trade dress that may appear on the Site are proprietary to the Company or are licensed to the Company. Such trademarks, service marks and trade names are protected by applicable trademark and other intellectual-property laws and may not be used in violation of the Company’s or any of its licensors’ rights. Nothing on this Site will be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on the Site without the prior written consent of the trademark owner. The Company prohibits use of any of its logos or trademarks as a “hotlink” to any non-Company Site unless establishment of such link is approved in advance by the Company in writing.

Except for the limited use rights granted to you in these Terms and Conditions, you will not acquire any right, title or interest in the Site or any Site Content. Any rights not expressly granted to or preserved by the Company in these Terms and Conditions are expressly reserved.

PRIVACY POLICY

The Pilates Haus is committed to respecting and protecting your privacy.
For detailed information on our Privacy Statement, select the following link: Privacy Policy

LINKS TO OTHER SITES

The Site may contain links to other Sites. Such links are provided solely as a convenience to you. The Company has no control over, and accepts no liability, obligation or responsibility for, the contents or performance of other Sites. Any such link does not constitute an endorsement of, or any representation regarding, the linked Site, its content, its owner, its performance or its owner’s products or services. If you decide to access any third-party Sites, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies of such Sites.

This Site may include functionality that allows integration with third-party sites, such as social network sites. We may allow you to share selected information with those third-party sites, and you may be permitted to export information concerning your use of this Site to such third-party sites. Some of those third-party services may provide us with your information to enhance and personalize your use of this Site. If you submit your credentials (e.g., username and password) for a third-party Site or service during your registration for this Site or in connection with updating your user profile, we may receive your information from such third-party Site or service.

DISCLAIMER OF LIABILITIES AND WARRANTY

To the maximum extent permitted by law, the materials contained on this Site are provided “as is,” with “all faults” and without warranties of any kind either express or implied. Except as otherwise stated in writing signed by an authorized representative of the Company, no warranty whatsoever, express or implied, is given with respect to products or services depicted, shown or described on this Site or with any Site content. Information regarding the company’s products and services, including their availability, appearance, price and specifications, are subject to change without notice.  

Such information will not constitute a representation or warranty of any kind.  TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR OTHER VIOLATIONS OF RIGHTS; AND THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE SITE, SITE CONTENT OR ANY SITES LINKED TO THIS SITE.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

You acknowledge that Pilates Haus is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site.  You further acknowledge that Pilates Haus is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Site

INDEMNITY

To the fullest extent possible provided by law, you agree to indemnify and hold harmless the Company, its affiliates, successors, advisors, service providers and licensors, and its/their respective directors, officers, shareholders, employees, service providers and agents (collectively, the “Indemnified Parties”), from and against all losses, expenses, fines, damages and costs, including reasonable attorneys’ fees, arising from, related to, and/or resulting from your violation of any laws or these Terms and Conditions, or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account, or for any third-party claims based on whole or part on your use of the Site or reliance upon any information found on the Site.  We reserve the right for exclusive defense and in such case, you agree to provide cooperation as is reasonably requested.

LIMITATIONS OF DAMAGES

THE FULLEST EXTENT POSSIBLE PROVIDED BY LAW, UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES, SUCCESSORS, ADVISORS, SERVICE PROVIDERS AND LICENSORS, AND ITS/THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, SERVICE PROVIDERS AND AGENTS (COLLECTIVELY, “COMPANY REPRESENTATIVES”) BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES, INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, SUCH AS DAMAGES RESULTING FROM LOSS OF USE, LOSS OF PRIVACY, LOST REVENUE, LOST DATA, OR LOST PROFITS, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION OR ANY OTHER CAUSE OF ACTION WHATSOEVER, WHETHER OR NOT THE COMPANY OR COMPANY REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER OR NOT ANY SUCH DAMAGES ARE OR WERE FORESEEABLE.  FURTHER, IN NO EVENT SHALL THE LIABILITY RELATED TO THE SITE EXCEED FIFTY DOLLARS ($50). YOU ALSO AGREE THAT ANY CLAIM OR CAUSE OF ACTIONS ARISING UNDER THESE TERMS AND CONDITIONS MUST BE BROUGHT WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR BE FOREVER BARRED.

RESOLUTION OF DISPUTES

In the event of dispute between you and Pilates Haus, both parties agree to use reasonable efforts to resolve the dispute quickly and absent a resolution, agree to if unsuccessful, herewith agree to binding arbitration in Dallas County, Texas, on a confidential basis, pursuant to the Federal Arbitration Act.

GOVERNING LAW

Any claim relating to, and the use of, this Site and the materials contained herein will be governed by and construed in accordance with the laws of the State of Texas, U.S.A., without giving effect to its choice of law rules that may result in the application of the laws of another jurisdiction.

TERMINATION

Pilates Haus reserves the right to immediately terminate your use of, or access to, this Site at any time if Pilates Haus, in its sole discretion, deems that you have breached these Terms and Conditions or you have engaged in conduct that Pilates Haus considers to be unacceptable.

CONTACT US

If you have any questions, please contact us as noted below

The Pilates Haus LLC

ADDRESS: 4606 Frisco Green Ave Suite 102

PHONE: 469-796-8290

EMAIL: hello@thepilateshaustx.com