Terms and Conditions

Last Updated: November 4, 2016

A Lot Of Pilates, LLC, an Ohio LLC (“ALOP” or “we”) offers an interactive pilates program for registered users, 13 years of age or older (“Members”) through a web and mobile application, also accessible thought an Amazon Echo device or TV (the “Pilates Program” or “Services”). Visitors browsing the Services and Members using both paid and free service plans (collectively, “Users”) are each bound by this Agreement. By registering to this Pilates Program, you are agreeing that you have read, and understood, and agree to comply with and be bound by this Agreement (the “Agreement”). (“Affiliates” means any Party’s affiliated and related entities and subsidiaries, and all their agents, officers, directors and employees.) Please review the following terms carefully.

IF YOU DO NOT AGREE WITH ANY OF THE FOLLOWING TERMS AND CONDITIONS, DO NOT USE THE PILATES PROGRAM.

1. (1) Rights and Licenses

   A Lot of Pilates, the A Lot of Pilates logo and other marks, page headers, scripts, logos and button icons are either registered trademarks, trademarks, trade names, service marks, or otherwise protected property of ALOP and may not be used, copied or imitated without the prior written consent of ALOP. Other trademarks, trade names, company names, service marks and otherwise protected property displayed on this Pilates Program are the property of their respective owners and are subject to the terms and conditions applied by those owners to their intellectual property.

   All content (including, without limitation, any computer code, images, video and audio and streaming files, navigation schemes and layout comprising this Pilates Program) (collectively “Content”) is owned by or licensed to ALOP. The copyright in and to this Pilates Program is owned by ALOP. ALOP retains and reserves all rights in and to this Pilates Program and all Content.

   Unless otherwise stated, we or our licensors own the intellectual property rights in the Services and material on the Services. Subject to the license below, all these intellectual property rights are reserved.

   You may view, download for caching purposes only and print pages from the Services for your own personal use, subject to the restrictions set out below and elsewhere in this Agreement.

   You must not:

   1. republish material from this Services (including republication on another Services);
   2. sell, rent or sub-license material from the Services;
   3. show any material from the Services in public;
   4. reproduce, duplicate, copy or otherwise exploit material on A Lot Of Pilates Services for a commercial purpose.
2. Credit

   This document was created using an SEQ Legal template and revised by a lawyer.

3. (2) Acceptable Use

   You must not use our Services in any way that causes, or may cause, damage to the Services or impairment of the availability or accessibility of the Services; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

   You must not use our Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

   You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our Services without our express written consent.

4. (3) Restricted access

   Access to certain areas of our Services is restricted. We reserve the right to restrict access to other areas of our Services, or indeed our whole Services, at our discretion.

   If you generate a user ID and password to enable you to access restricted areas of our Services or other content or services, you must ensure that the password is kept confidential.

   You must notify us immediately if you become aware of any unauthorized use of your account or password.

   You are responsible for any activity on our Services arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.

   You must not use any other person's user ID and password to access our Services, unless you have that person's express permission to do so. If you indicate that you are a certified pilates instructor during registration or in your profile page, you must be a Pilates instructor certified by an accredited program, an entity employing Pilates instructors, or an entity training Pilates instructors.

   We may disable your user ID and password at any time in our sole discretion with or without notice or explanation.

5. (4) User content

   In this Agreement, "your content" means material (including, without limitation, text, images, audio material, video material and audio-visual material) that you submit to our Services, for whatever purpose. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your content in any existing or future media. You also grant to us the right to sub-license these rights and the right to bring an action for infringement of these rights.

   You warrant and represent that your content will comply with this Agreement.

   Your content must not be illegal or unlawful, must not infringe any third party's legal rights and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

   You must not submit any content to the Services that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

   We reserve the right to edit or remove any material submitted to our Services, or stored on our servers, or hosted or published upon our Services.

   Notwithstanding our rights under this Agreement in relation to your content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our Services.

6. (5) Payment Terms

   ALOP collects financial information for membership purchases; however, ALOP does not store any payment information directly. These services are handled by secure payment processors. When making a purchase, the payment processors handles the personal information and keeps it safe and secure. ALOP provides your personal data to the secure payment processors to enable them to complete payment and to send you invoices. You must also comply with all applicable third-party terms of service when using the ALOP Services.

   By submitting credit card information to ALOP for paid subscriptions, you authorize us to charge your card. If ALOP does not receive payment from your credit card issuer, you remain responsible for payment.

   Subscriptions are month-to-month at the current pricing set forth at the Plans page including all applicable taxes. Subscriptions auto-renew at the end of each monthly billing cycle. You may cancel at any time prior to the end of the billing cycle by accessing your account information on the site and selecting the Change Package option, however no refunds will be issued for the current billing cycle. You can view your account information to view your subscription information.

   All payments made are non-refundable and non-transferable except as expressly provided in these Terms. If you have any concerns or objections regarding charges, you agree to raise them with ALOP first and you agree not to cancel or reject any credit card or third party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with ALOP.

   Credit card payment processing services at ALOP Services are provided by Stripe, Inc. ("Stripe") and are subject Stripe Terms of Service (collectively, the "Stripe Services Agreement"). As a condition to ALOP enabling credit card payment processing services through Stripe, you authorize ALOP to process the credit card information and payment with Stripe.

   Furthermore all ALOP Services payments transactions and the storing of payment information is managed and handled entirely by Stripe and are not the responsibility of ALOP Services.

   Payment processing services in some versions of ALOP mobile application services are provided by Apple iTunes App Store. ("Apple Store Provider") and are subject Apple Media Services Terms and Conditions . When you purchase ALOP services via the mobile application in-app purhcases, then the App Store Provider’s terms and conditions/EULA applicable to In-App Purchases will also apply.”

   Furthermore all ALOP mobile application services in-app purchase payments transactions and the storing of payment information is managed and handled entirely by Apple and are not the responsibility of ALOP Services. Apple are behind the billing, processing and charging for the in-app purchases on the mobile application. You acknowledge and agree that all billing and transaction processes are handled by the App Store Provider from whose platform you downloaded the ALOP mobile application and are governed by the App Store Provider’s terms and conditions/EULA for in-app purchases transactions. If you have any payment related issues with In-App Purchases, then you need to contact the App Store Provider directly. You should also cancel ALOP services with the App Provider directly for mobile application in-app purchases.

7. (6) Limited Warranties

   Participation in the Pilates Program is at your own risk. Always use common sense and caution!

   We do not warrant the completeness or accuracy of the information in the Pilates Program; nor do we commit to ensuring that the Services and/or App remains available or that the material is kept up to date.

   To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this Services and the use of this Services (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

8. (7) Limitations and Exclusions of Liability

   THE ALOP APP IS PROVIDED “AS IS,” AND “AS AVAILABLE.” ALOP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, CONCERNING THE OPERATION OR USE OF THIS ALOP APP, ITS CONTENT, AND/OR SERVICES AVAILABLE ON OR THROUGH THIS ALOP APP. ALOP DOES NOT WARRANT THAT THIS ALOP APP WILL BE AVAILABLE AT ALL TIMES OR THAT A USER’S USE WILL BE CONTINUOUS AND/OR ERROR FREE.

   ALOP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR DAMAGES SUFFERED AS A RESULT OF (I) UNAVAILABILITY, ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE ALOP APP AND THE SERVICES OFFERED, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE ALOP APP, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE ALOP APP INCLUDING BY OTHER USERS.

   IN NO EVENT SHALL ALOP OR ITS AFFILIATES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY OF THE ABOVE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ALOP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS WHERE PERMITTED, ALOP’S SOLE LIABILITY TO YOU UNDER THESE TERMS FOR DIRECT DAMAGES SHALL BE LIMITED TO A REFUND OF FEES PAID BY MEMBERS.

   SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES AND EXCLUSION OF CERTAIN DAMAGES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. (8) Indemnity

   You hereby indemnify us and undertake to keep us indemnified against any losses, injuries, damages, costs, liabilities and expenses (including, without limitation, legal expenses, medical expenses, and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of this Agreement, or arising out of any claim that you have breached any provision of this Agreement. ALOP shall have the right to participate in the defense of a claim with counsel of ALOP’s choice at ALOP’s expense.

10. (9) Breaches of this Agreement

    Without prejudice to our other rights under this Agreement, if you breach this Agreement in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Services, prohibiting you from accessing the Services, blocking computers using your IP address from accessing the Services, contacting your internet service provider to request that they block your access to the Services and/or bringing court proceedings against you.

11. (10) Variation

    We may revise this Agreement and the prices of Services from time to time. Revised terms of use will apply to the use of our Services from the date of publication of the revised terms of use on our Services. We ask that you review these Terms of Use from time to time to ensure you are familiar with the most current version of it. Users can determine when this Agreement was last modified by checking the “Last updated” notice on the top of the Agreement. Your continued use of the Pilates Program or Services constitutes your agreement to any changes made. If you do not agree to ALOP’s Terms of Use, DO NOT use the Pilates Program.

    We may terminate your access to all or any part of the Pilates Program at any time, with or without cause or notice, effective immediately.

12. (11) Termination

    We may terminate your access to all or any part of the Pilates Program at any time, with or without cause or notice, effective immediately. In such event, Members will be entitled to an equitable refund for Services paid for but not yet rendered.

    We may also terminate for cause, including without limitation where Users: (i) attempt to gain unauthorized access, overcome software security features or infringe the copyright of the Content (ii) violate this Agreement (iii) fail to pay subscription fees, or in the case of (iv) are subject to requests by law enforcement or other government agencies. In the case of your breach or suspected breach, ALOP will not be liable to you for termination.

    If you seek to terminate your account, you may do so by accessing the account information link on the site. By terminating the account, any user generated content (created classes, tracking data, etc. ) will be deleted and it will be unrecoverable.

13. (12) General Provisions

    The Parties\'' rights and obligations under sections intended by their nature to survive including, without limitation, payment, intellectual property, limits on warranties and liability, indemnity, termination and choice of law provisions shall survive the termination or expiration of this Agreement.

    This Agreement shall be interpreted and enforced in accordance with applicable federal law and the laws of the State of Ohio, without regard to any principles of conflict of laws, and venue and jurisdiction shall be in the courts of Cuyahoga County, Ohio. The prevailing party in any proceeding shall have the right to collect from the other party its reasonable costs, disbursements and all attorneys\'' fees incurred in enforcing this Agreement.

    You agree that all notices, disclosures and other communications that ALOP provides to you electronically (including by e-mail) satisfy any legal requirement that such communications be in writing.

    We may transfer, sub-contract or otherwise deal with our rights and/or obligations under this Agreement without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under this Agreement.

    If a provision of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

    This Agreement (together with the Privacy Policy) constitutes the entire agreement between you and ALOP in relation to your use of our Services and supersedes all previous agreements in respect of your use of our Services.

14. (13) Use of Services

    ALOP provides services related to exercises and training activities. Always seek the advice of your physician or other qualified health professional before starting or changing any exercise program or making a lifestyle change. This is particularly important if you are overweight, pregnant, nursing, regularly taking medications, or have any existing medical conditions. Do not delay seeking a diagnosis or any medical advice or treatments if you are experiencing any difficulties.

    In accepting the terms of this Agreement you assume all risks associated with using the services online without medical or personal orientation. A Lot Of Pilates is not liable for any mental, emotional or any physical damages including but not limited to bodily harm, illness or death that my result from the use of the Services. This Pilates Program is not intended to provide medical advice and its Content may not be tailored to match your fitness or energy level. If you are concerned about if the exercises are right for you, clear it with your physician. The Pilates Program involves rigorous exercise and should be performed in a safe, well-lit space, free of obstacles and with clothing that allows free movement. If you feel, light-headed, dizzy, faint or if you have any discomfort stop immediately and consult your physician. Be sure to monitor your condition during your workout and exercising within your limits. Never force or strain and always stretch before any workout and cool down afterwards. Stay hydrated before, during and after workouts and avoid heavy meals beforehand. As set forth in this Agreement, we are not responsible for any injuries you may experience as a result of your use of this Pilates Program and its contents.

    You agree that you will be taking the workout classes and exercises at your own risk.

    If you use the “Create Your Own Class” functionality, you are solely responsible for that content and it is subject to removal by ALOP at any time in its sole discretion.

    If you have a question or concern regarding the Pilates Program, you can contact us by email to [email protected].

15. (14) Privacy Terms

    We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.

    While using APLO Services, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:

    • Email address
    • First name and last name
    • Location
    • Pilates preferences
    • Health conditions
    • Cookies and Usage Data

    We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

    All personal information entered on ALOP Services is safe, private and secure. We do not disclose ANY information to outside sources as we respect the importance of security and confidentiality of your data. NO information is shared with any third parties, except with verified and secure payment processors.

    A Lot Of Pilates LLC uses the collected data for various purposes:

    • To provide and maintain the Service
    • To provide customer care and support
    • To provide analysis or valuable information so that we can improve the Service
    • To monitor the usage of the Service
    • To detect, prevent and address technical issues

    Analytics

    We may use third-party Service Providers to monitor and analyze the use of our Service.

    Google Analytics

    Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

    For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en

    Firebase

    Firebase is analytics service provided by Google Inc. You may opt-out of certain Firebase features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy?hl=en

    We also encourage you to review the Google\''s policy for safeguarding your data: https://support.google.com/analytics/answer/6004245. For more information on what type of information Firebase collects, please visit please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en

16. (15) Deletion of data

    We provide you with the ability to access and erase your data. You can access your data in the Profile page after you login.

    We store your profile data and your activities data ( which classes you\'' taken) until it is no longer necessary to provide our services, or until your account is deleted - whichever comes first. For example, when you take a class at ALotOfPilates, you can access your class activity history. You can also choose to provide Profile information that we keep to provide you customized services.

    When you cancel your account, we delete your profile data, such as pilates activity levels, goals, email, birthday, as well as the class activities that you took. You will not be able to recover that information later. To cancel your account at any time, please visit your profile page and navigate to the bottom of the page.

17. (16) Our details

    The full name of our company is A Lot Of Pilates, LLC.
    We are registered in Ohio, United States.

    If you have any questions about this Privacy Policy, please contact us:

    By email: [email protected]

    By visiting this page on our website: https://www.alotofpilates.com/contacts/new

By registering to the Pilates Program, I acknowledge that I understand and agree to the terms of the A Lot of Pilates Terms and Conditions.