Milates.com (the “Website“) is operated by Milates Inc. (“Milates”, “we”, “us” or “our”) and is designed to provide you with high quality online and in person various Milates fitness classes and personal training, and in person and online/ email/phone/ counselling and coaching (collectively, the “Services”). Milates is dedicated to expanding the growing community of people who are changing lifestyles and habits to improve overall health, physical fitness, mental health, nutrition and wellbeing.
PLEASE REVIEW OUR HEALTH AND SAFETY DISCLAIMER, BELOW, BEFORE USING THE WEBSITE, THE CONTENT OR ANY OF THE SERVICES.
The Website and the Services include, among other things, various Milates fitness classes and personal training, and in person and online/ email/phone/ counselling and coaching (collectively, the “Content”), some of which may involve strenuous activity, both physical and mental.
Since counseling may also involve discussing unpleasant or stressful aspects of your life, you may also experience uncomfortable feelings or emotions.
ACCORDINGLY, BEFORE YOU START USING THE WEBSITE OR THE SERVICES, PLEASE CONSULT WITH YOUR HEALTH CARE PROVIDER, INCLUDING WITHOUT LIMITATION ANY RELEVANT MEDICAL DOCTOR(S) OR MENTAL HEALTH PROFESSIONAL(S), REGARDING YOUR HEALTH, YOUR ABILITY TO ENGAGE IN STRENUOUS PHYSICAL AND MENTAL ACTIVITY AND ANY PHYSICAL OR MENTAL HEALTH CONDITION(S), CONCERN(S) AND/OR QUESTION(S) YOU MAY HAVE. This is of particular importance if you are overweight, pregnant, nursing, regularly taking medications, have any history of mental health issues (including without limitation depression, anxiety, bipolar disorder, schizophrenia, or suicide attempts) or have any existing medical conditions.
THE WEBSITE, THE CONTENT AND THE SERVICES ARE NOT A SUBSTITUTE FOR MEDICAL CARE, AND OFFER NO MEDICAL ADVICE, DIAGNOSIS, HEALTH WARRANTIES OR GUARANTEES OF ANY KIND. YOU UNDERSTAND THAT THE WEBSITE AND THE SERVICES ARE PROVIDED ‘AS IS’ AND NOT INTENDED TO AMOUNT TO ANY ADVICE, INCLUDING WITHOUT LIMITATION MEDICAL ADVICE, OR FOR DIAGNOSTIC PURPOSES ON WHICH RELIANCE SHOULD BE PLACED. WE ARE NOT A MEDICAL CARE PROVIDER AND DO NOT PROVIDE MEDICAL ADVICE. THE WEBSITE AND SERVICES ARE NOT INTENDED TO BE RELIED UPON IN LIEU OF MEDICAL TREATMENT OR ADVICE, WHETHER PHYSICAL, MENTAL, OR OTHERWISE, BY A TRAINED MEDICAL CARE PROVIDER.
If you are concerned about whether any exercises, breathing techniques, recommended diet plans, coaching and counselling services or other Services identified on the Website or in any other Content are right for you, DO NOT engage in such activities unless and until you have cleared it with your health care provider. In addition, you should stop exercising and consult your health care provider if you feel dizzy, faint, and light-headed or if you experience any discomfort at any time. Only you can monitor your condition during strenuous activities. You are responsible for exercising within your limits and seeking attention and advice as appropriate.
If counseling or any other activities on the Website cause you distressing thoughts or emotions, stop using the Services and contact your mental health care provider immediately. If you are thinking about suicide or if you are considering taking actions that may cause harm to you or to others or if you feel that or any other person may be in any danger or if you have any medical emergency, you must immediately call the emergency service number and notify the relevant authorities. You acknowledge, confirm and agree that Milates.com is not designed for use in instances of serious mental condition diagnosis or drug therapy.
We reserve the right in our sole discretion, for any reason, at any time and without liability to restrict, suspend, or terminate your access to all or any part of the Website, the Content or the Services at any time, for any or no reason, and without liability. You agree that any termination of your access to the Website, the Content or the Services may be effected without prior notice. Further, you agree that we will not be liable to you or any third party for any costs or damages of any kind for or resulting from any termination of your access to the Website, the Content or the Services.
We may make available gift certificates (“Gift Certificates”) for sale through the Website. Gift Certificates have no cash value, may only be redeemed for the Service identified thereon and cannot be replaced if they are lost or stolen. Gift Certificates are non-refundable and non-transferrable.
You must be at least eighteen (18) years of age to access the Website or the Services. By using the Website or Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
We aim to update the Website and the Content regularly, and may change the Content at any time. However, any of the Content may be out of date at any given time, and we assume no obligation to update such material.
You understand that you must evaluate the Services and the Content before using any of them, and that you bear all risks associated with your use of same, including any reliance on the integrity, and accuracy of such. We specifically disclaim any responsibility for the accuracy, completeness, appropriateness, legality or applicability of the Content.
All content included on the Website, including, without limitation, the Content, text, graphics, videos, images, logos, trademarks, service marks, columns, photographs, illustrations, artwork, master recordings, compositions, data compilations and software is the exclusive property of Milates and/or its suppliers and protected by copyrights, trademarks, and other intellectual property rights owned by or licensed to Milates.
We grant you only a personal, limited, non-exclusive, non-transferable, revocable right and license to use the Website, the Content and the Services. We reserve all rights to the Website, the Content and the Services that are not expressly granted to you herein. Copying, reproducing, distributing, modifying, duplicating, reusing, re-posting, uploading, downloading, transmitting or any other use of the Website, the Services or the Content, or portions thereof, for any purpose not specifically permitted herein, including, without limitation, for any public or commercial purposes, is prohibited. Any unauthorized use of the Website, the Services and/or the Content may subject you to criminal prosecution and/or civil liability under applicable law.
Illegal and/or unauthorized uses of the Website, Content, and Services include, without limitation, collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Website or Services, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of the Website or Services in any fraudulent or misleading manner, any automated use of the system, such as scraping the Website, automated scripts, spiders, robots, crawlers, data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website, and using the Website in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Website may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website and Services is with the permission of Milates, which may be revoked at any time, for any reason, in Milates’s sole discretion.
If you believe that any material available on or through the Website and/or the Services violates your copyright, you may send us a copyright infringement notice. Any such notice must include substantially all of the following:
Your written copyright infringement notice must be sent to our designated copyright agent via email to firstname.lastname@example.org, Attention: Copyright Agent. Please be aware that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
The Copyright Agent should only be contacted if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through the Services. The Copyright Agent will not respond to any other inquiries.
Milates will process any notice of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. 512(c)(3) or other applicable copyright law. U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.
The foregoing process applies to copyright only. If you discover any Content that you believe to be in violation of your trademark rights, please report this to us by email at email@example.com.
We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by Milates at its sole discretion.
The Services are hosted servers located in the United States and, as a result, information (including, potentially, personally-identifiable information) may be transferred between or reside or be hosted in countries other than the country of your domicile. Notwithstanding the foregoing, you acknowledge and agree that, to the fullest extent permitted by applicable law, our collection, use, storage and sharing of your information is exclusively subject to the laws of United States, not of the jurisdiction in which you are located. In addition, due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from United States or the country in which you reside.
YOU SPECIFICALLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, THE CONTENT AND THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
THE SERVICES, THE WEBSITE AND THE CONTENT ARE PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE SERVICES, OR THE CONTENT, INFORMATION, MATERIALS, OR PRODUCTS INCLUDED THEREON AND THEREIN. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MILATES AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COUNSELING AND CAOCHING. NON-INFRINGEMENT OR THAT THE SERVICES OR THE CONTENT WILL IMPROVE YOUR PHYSICAL OR MENTAL HEALTH OR ACHIEVE A SPECIFIC RESULT. FURTHER, MILATES AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE WEBSITE, THE SERVICES OR THE CONTENT OR ANY INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER INFORMATION CONTAINED THEREIN AND THEREON. IF YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NEITHER MILATES NOR ITS AFFILIATES WILL BE LIABLE, UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MILATES. THE WEBSITE, THE SERVICES AND THE CONTENT WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. FURTHERMORE, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MILATES’ MAXIMUM AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CAUSES OF ACTION WHATSOEVER, AND REGARDLESS OF THE FORM OR CAUSE OF ACTION, WILL BE THE GREATER OF: (i) ONE HUNDRED DOLLARS ($100.00); OR (ii) THE AMOUNT YOU PAID TO MILATES IN CONNECTION WITH ANY SERVICES PRECEDING THE DATE OF THE EVENT GIVING RISE TO THE CLAIM. NOTWITHSTANDING THE FOREGOING, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If there is any dispute arising out of the Website and/or the Services, by using the Website and/or Services, you expressly agree that any such dispute shall be governed by the laws of the State of Illinois, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Illinois, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of Illinois with the same force and effect as if such service had been made within the State of Illinois. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY MILATES IN WRITING WITHIN THIRTY (30) DAYS OF THE DATE THAT YOU REGISTER ON THE WEBSITE TO THE FOLLOWING EMAIL ADDRESS: INFO@MILATES.COM, ATTENTION: LEGAL DEPARTMENT. YOUR WRITTEN NOTIFICATION MUST INCLUDE YOUR NAME, MAILING ADDRESS AND EMAIL ADDRESS, AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH MILATES, OR YOUR USE OF THE WEBSITE, THE SERVICES OR THE CONTENT.
UNLESS OTHERWISE REQUIRED BY LAW, YOU MUST CONTACT US WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED ON SUCH EVENT, FACTS OR DISPUTE.
Should you have a dispute with one or more users or end-users, or an outside party, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. We encourage users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
In order to protect the integrity of the Services, Milates.com reserves the right at any time in its sole discretion to block members from certain IP addresses from accessing the Website and/or Services.
Some of the Content on this Website may not be appropriate for children. CHILDREN UNDER THE AGE OF 18 ARE NOT PERMITTED TO USE THE WEBSITE OR SERVICES UNLESS A SUPERVISING PARENT OR GUARDIAN IS PRESENT. INDIVIDUALS UNDER THE AGE OF 18 ARE NOT PERMITTED TO REGISTER ON THE WEBSITE OR GIVE MILATES THEIR EMAIL ADDRESS OR ANY OTHER PERSONALLY IDENTIFIABLE INFORMATION.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
This Agreement contains the entire agreement between you and Milates regarding the use of the Website and/or the Services.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. In addition, Milates’s failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect Milates’s’s ability to enforce such term at any point in the future.
The section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.