WEBSITE
TERMS & CONDITIONS
Fifty/50 Pilates - Website Terms and Conditions of Use
Last updated on September 25, 2024
Fifty/50 Pilates (“Studio”) welcomes you to our website. These Website Terms and Conditions of Use ("Terms") govern your use of our website and any content, information, products or services made available on or through the website (“Services”). By accessing our website or using our services, you agree to comply with these Terms.
These Terms apply to all visitors, users, and others who access or use the website and services provided by Studio. If you do not agree with these Terms, please do not use our website or Services.
1. Acceptance of Terms
By visiting, accessing, or using any part of our Services, you expressly accept, agree, and consent to the terms and conditions of this Agreement. Your continued use of the Services after any modification to the Services or update to this Agreement, constitutes your conclusive acceptance of such change. If you do not agree to these Terms, you must not use any portion of the Services and your sole remedy is to discontinue your use of the Services.
We reserve the right to modify these Terms at any time. Any changes will be posted on our website, and your continued use of our Services constitutes acceptance of the updated Terms. To the extent Studio provides you notice of different or additional terms or practices, those additional terms will govern your use of the Services.
2. Eligibility
You may only use the Services if you are at least eighteen (18) years of age.
3. Privacy
Your privacy is important to us. Please review our Privacy Policy for information on how we collect, use, and protect your personal information. The Privacy Policy and its terms and provisions are hereby incorporated and made a part of this Agreement. You must agree to the Privacy Policy in order to use the website and/or the Services. By visiting, accessing, or using any part of the website and/or the Services, you accept the practices described in our Privacy Policy.
4. Use of Service
You agree not to copy, reproduce, alter, modify, decompile, reverse engineer, distribute, transfer, sell, transmit, translate, publish, perform, license, or create derivative works from the content of the Services, including any information, products, or services, without Studio's express written consent. The Services are solely for your personal, non-commercial use. Subject to these and any other express restrictions with regard to specific material, you may download information concerning Studio services or membership from the Services solely for your personal non-commercial use, including information concerning membership type, status, enrollment date,
contact information, Studio usage, transactions, packages and/or payment accounts.
All content hosted on the Studio website is proprietary and may be copyrighted under the law as collective work and/or compilation or trademarked. Studio holds and owns the copyright, and all other proprietary and intellectual property rights and title, to the collective work, including the pages, graphics, design, text, sound recordings, images, materials, and content of the Services, some of which may be trademarked.
Health and Wellness Information. The Services may contain information about health, wellness, and fitness issues. Such information does not represent medical diagnosis, treatment, or care and should not be used in place of consultation with or advice from your healthcare professionals. You should consult your physician or healthcare professional before beginning or altering your personal exercise, diet, or nutritional supplement program.
Electronic Communications. When you use the Services, you may communicate electronically with Studio. You expressly consent to receipt of electronic communications from Studio through posts on the Services and via the email you provided when setting up a membership or user account. All agreements, notices, disclosures, authorizations, verifications, confirmations, or other electronic communications Studio provides according to this paragraph satisfy any legal requirement for written communication.
5. Account Information
You represent and warrant that all information provided to Studio through the Services is current, accurate, complete and truthful, including all initial or updated registration or membership information, such as the legal name, street address, email address, telephone number, and financial transaction account information related to you or anyone on your membership. You further represent and warrant that you are an authorized account holder of any financial transaction account which you provide to Studio through the Services for payment of
membership dues or other transaction.
Registering for the Services may require you to create a username and a password. You agree to maintain the security, confidentiality, and integrity of your username, password, and any other security measures employed on the Services. You are responsible for all access to and use of the Services, including all financial transactions, under your username and password, including access or use by any partner, secondary, or additional member, if applicable, whether or not authorized by you. You agree to immediately notify Studio of any breach of security, including unauthorized use of your username or password, and to immediately take all reasonable steps to prevent its further occurrence, including changing your password.
By agreeing to these Terms, you consent that the payment processing services for any products purchased on the website are provided by a third-party payment processor.
6. Memberships
You can find a description of our membership offering(s) (“Membership”) in the website. All
Memberships are subject to Studio standard membership policies and your applicable
membership agreement.
7. COPYRIGHTS, TRADEMARKS AND OTHER PROPRIETARY RIGHTS
When accessing and using the website and/or the Services, you agree to obey all applicable laws and to respect the intellectual property rights of others.
All content on the website and the Services, including text, hidden text within our source code, trademarks, software, photos, video, images, graphics, music, audio-visual content, podcasts, recordings, sound or any other digital media, is owned by Studio and/or our licensors and is subject to protection by patent, copyright, trademark or other intellectual property or proprietary rights. In addition, the entire content of the website is copyrighted as a collective work under the United States copyright laws, and the Studio owns the copyright in the selection, coordination, arrangement and enhancement of such content. Any feedback, suggestions or ideas you provide to Studio relating to the website and/or the Services shall be deemed to be non-confidential and Studio shall be free to use such feedback, suggestions or ideas on a royalty-free, perpetual, irrevocable, worldwide, transferable, unrestricted basis.
All trademarks, trade names, trade dress, logos and service marks (collectively, the “Trademarks”) appearing on the website and/or the Services are the property of their respective owners, including, in some instances, us and/or our partner companies. Nothing contained on the website, the Services or these Terms serves to grant you, by implication or otherwise, a license or right to use any of the Trademarks or copyrights owned by us or by any third party. Except as expressly provided herein, you may not use, modify, create derivative works of, copy, redistribute, reproduce, publish, transmit, display, commercialize, or in any other way exploit any content or material from the website or the Services without express written permission from Studio and, if applicable, the respective copyright owner. You acknowledge and agree that you do not acquire any ownership rights by accessing or using the website and/or the Services.
8. Security of Information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Although we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
9. Termination of Access
Access to this website may be terminated at any time by us without notice. Those parts of these terms and conditions which by their nature continue after termination, nevertheless survive any such termination.
10. No Liability
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.
If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will nevertheless continue in full force.
11. Indemnity and Limitation of Liability
INDEMNIFICATION. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS STUDIO AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, FROM AND AGAINST ANY AND ALL LOSS, EXPENSES, DAMAGES, AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS FEES, RESULTING, WHETHER DIRECTLY OR INDIRECTLY, FROM YOUR VIOLATION OF THIS AGREEMENT. YOU ALSO AGREE TO INDEMNIFY AND HOLD HARMLESS STUDIO AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, FROM AND AGAINST ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE SERVICES IN BREACH OF THIS AGREEMENT OR THE USER CONTENT MADE AVAILABLE VIA THE SERVICES BY ANY MEANS, INCLUDING WITHOUT LIMITATION THROUGH A POSTING, A LINK, REFERENCE TO USER CONTENT, OR OTHERWISE, UNLESS PROHIBITED BY APPLICABLE LAW.
LIMITATION OF LIABILITY. IN NO EVENT WILL STUDIO AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES, YOUR INABILITY TO USE OR MALFUNCTIONS OF THE SERVICES, STATEMENTS OR CONDUCT OF ANY THIRD PARTY RELATING TO THE SERVICES.
12. Waiver and Severability
To the extent that a court of competent jurisdiction determines any part of the terms and conditions in this Agreement to be invalid or unenforceable, that part will be modified by the court solely to the extent necessary to cause that part to be enforceable, and the remainder of the Agreement will remain in full force and effect. Studio’s failure to exercise or enforce a legal right, remedy or benefit which is contained in the Agreement or any applicable law does not constitute waiver of its right to do so later.
13. Governing Law
These Terms are governed by the laws of the State of Texas, without regard to its conflict of laws principles.
Any disputes arising from these Terms or your use of our services will be resolved in the state or federal courts located in Travis County, Texas.
14. Contact Information
If you have any questions regarding these Terms or Services, you can contact support@fifty50pilates.com.
YOU HAVE READ, UNDERSTAND, AND VOLUNTARILY AGREE TO ALL OF THESE TERMS AND CONDITIONS.