Terms and Conditions PLEASE READ CAREFULLY
This web site - PilatesInstructorAcademy.com - and all contents, links, connected resources, products, services, and any related software (individually and collectively, the “Site”) are provided, owned and operated by Personal Best Fitness, LLC (“PBF”). I understand that in order to use the resources on this Site I must agree to the following terms and conditions by reading through them and clicking to accept.
GENERAL USE OF THIS SITE
Use of this Site constitutes my unconditional agreement to follow and be bound by these Terms and Conditions. PBF reserves the right to update or modify these Terms and Conditions at any time without prior notice. My use of this Site following any such change constitutes unconditional agreement to follow and be bound by the Terms and Conditions as changed. For this reason, I agree to review these Terms and Conditions whenever I use this Site.
Except where otherwise noted, this Site is intended solely for personal, non-commercial use. I may purchase products or services from this Site, and depending on the item purchased, if expressly permitted, I may download or copy the item for my personal use only. No right, title or interest in any downloaded or non-downloaded content or purchased items is transferred to me as a result of my use or purchase. I may not reproduce (except as explicitly noted within), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of this Site. All software and other intellectual property used on this Site is the property of PBF or its affiliates or trade partners, and is protected by U.S. and international copyright laws.
I am prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for me, or logging onto a server or an account which I am not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing", "crashing, or initiating or participating in a “denial of service” attack;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. PBF will investigate occurrences that may involve such violations and may notify and cooperate with law enforcement authorities in prosecuting users who are involved in such violations. I agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this site. I agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism, whether now known or hereafter invented (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search functions provided within this Site.
This Agreement represents the complete agreement in regards to this Stite between me and PBF, and supersedes all prior agreements and representations between us. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of PBF to act with respect to a breach of this Agreement by me or others does not constitute a waiver and shall not limit PBF’s rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under Kansas law as such law applies to agreements between Kansas residents entered into and to be performed within Kansas. Any action or proceeding arising out of or related to this Agreement or my use of this Site must be brought in the state or federal courts of Kansas.
USER REVIEWS, FEEDBACK AND SUBMISSIONS
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to, on or by this Site or otherwise disclosed, submitted or offered in connection with my use of this Site (individually and collectively, the "Comments") shall be and remain PBF’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to PBF of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments.
Thus, PBF will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. PBF will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments I submit for any purpose whatsoever, without restriction and without compensating I in any way.
PBF is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. I agree that any Comments submitted by me to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. I further agree that no Comments submitted by me to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
If and when PBF posts comments on its Site or any of its affiliated sites, although it will not regularly review posted Comments, it will reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. I grant PBF the right to use the name that I submit in connection with any Comments. I agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments I submit. I am and shall remain solely responsible for the content and impact of any Comments I make and I agree to indemnify PBF and its affiliates for all claims resulting from any Comments I submit. PBF and its affiliates take no responsibility and assume no liability for any Comments submitted by me or by any third party.
PBF is committed to protecting my privacy online. PBF uses contact information and personalized information to enroll customers in its programs, to accept customers payments, to fill orders, to inform purchasers of order status, to send promotional information, to provide information about additional products and services, to enhance the operation of the Site and business, and to perform associated functions and administer related systems. By visiting this Site, I am accepting the practices described in this Agreement.
What personal information about me does PBF collect?
Information I provide to PBF: PBF receives and stores information that I supply to them via their Site and regular operations. This includes information regarding an order such as my name, company name, email address, billing address, mailing address, billing information, credit card number, credit card expiration date, shipping address, and Site username and password. This may also include information provided by me to PBF via email, phone customer service, ordinary mail, or questionnaires.
Information automatically collected: PBF receives and stores certain types of information whenever I come to this Site. For example, as is common practice, PBF uses “cookies” and similar technology, to obtain and determine certain information when my browser accesses their Site including, but not limited to, the Internet Protocol (IP) address used to connect my computer to the internet, email address, browser type and version, operating system and platform.
How is the personal information used?
Information about PBF’s customers is a very important part of PBF’s business, as a trade secret, and PBF is not in the business of selling such information to others. PBF shares customer information only with companies who are doing business with PBF in order to conduct PBF business and provide products, services, and content to customers. In addition, PBF may share customer information with PBF’s licensees and authorized partners of PBF. PBF does not sell, trade or rent anyone’s personal information to others. Should PBF be transferred or sold to another entity, customer information is likely to be part of the sales or transfer.
What if I link to a third-party web site from this Site?
When I click links and/or banners that take me to third party web sites, I will be subject to the third parties' privacy policies. While PBF supports the protection of privacy on the Internet, PBF cannot be responsible for the actions of third parties and urges me to read and understand the privacy policies of such sites.
How does PBF protect personal information?
PBF uses encryption technology to keep my personal information safe. All my personal information, including my name, address and credit card number, is encrypted using a secure server for security. Credit card transactions are handled by an authorized clearing company, which receives the credit card number and other personal identifying information in a secured environment only to verify the credit card numbers and process transactions. It is important for me to protect against unauthorized access to my personal information, my password and my computer. I will be sure to sign off when finished using a shared computer.
What about cookies?
Cookies are alphanumeric identifiers that PBF transfers to my computer’s hard drive through my web browser to enable their systems to recognize my browser and to provide features for using their Site. The “help” portion of the toolbar on most browsers will tell me how to prevent my browser from accepting new cookies, how to have the browser notify me when I receive a new cookie, or how to disable cookies altogether. However, allowing cookies may be required in order for me to take full advantage of some of this Site’s features and PBF recommends that I leave them turned on.
TRADEMARKS AND COPYRIGHTS
Unless otherwise noted, all materials, including images, text, illustrations, designs, icons, photographs, programs, video clips and written and other materials that are part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by PBF, and are owned by PBF, one of its affiliates or by third parties who have licensed their materials to PBF and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of PBF and is also protected by U.S. and international copyright laws.
PBF’s video programs are fully protected under the laws of copyright and trademark. Any unauthorized duplication, exhibition, distribution or other use of this program, or any part thereof, without prior written consent of PBF is strictly forbidden by the laws of the United States and other countries. Violators will be prosecuted to the maximum extent of the law. PBF and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of PBF or any third party's intellectual property rights. The PBF or any other brand in association's names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of PBF, used under license. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to customers and users of this Site, and do not in any way constitute or imply PBF’s endorsement, sponsorship or recommendation of the third party, information, product or service. PBF is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If I decide to link to any such third-party web sites, I do so entirely at my own risk.
VIDEO STREAMING TERMS AND CONDITIONS OF USE
When I purchase access to any streaming videos on this Site, I accept the following Video Streaming Terms & Conditions: I may watch the streamed video(s) I purchased from any device with an Internet connection. PBF Webinars and Online Courses can be viewed up to 6 times and expire one (1) year after the purchase date. I am solely responsible for setting up and maintaining my internet connection at a suitable speed for streaming. I acknowledge that I may experience delays during peak times. Such delays are caused by factors that PBF cannot reasonably control, and PBF cannot be held responsible for them. In addition, there may be times when PBF’s servers are down or undergoing maintenance.
REFUNDS AND CANCELLATIONS
Refund and cancellations policies may differ from one product or service to another purchased through this Site, and such policies are stated on this Site. That said, I understand that once any purchased product is downloaded or viewed (such as a webinar, which can only be streamed) there will be no refunds or exchanges.
This Site is provided by PBF on an "as is" and "as available" basis. PBF makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, or products included on this Site. To the full extent permissible by applicable law, PBF disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, PBF disclaims any and all warranties, express or implied, for any merchandise offered on this site. I acknowledge, by my use of this Site, that my use of the Site is at my sole risk. This disclaimer does not apply to any product warranty offered by the manufacturer of the item. This disclaimer constitutes an essential part of this Agreement. Some states do not allow limitations on how long an implied warranty lasts, so the foregoing limitations may not apply to me.
WAIVER OF LIABILITY
If I choose to participate in physical activities in connection with this Site and/or PBF (“Activities”), I do so voluntarily, and, in spite of the risks and dangers. I agree to abide by the policies of PBF, and I agree that if I have a problem with or question about any PBF policy I will contact PBF.
Representation of Condition: I represent and warrant that I am in good physical and mental health, not suffering from any physical or emotional condition that would or could prevent, increase the risks associated with, or potentially have any negative effect on my participation in the Activities. I agree that it is my responsibility to determine if I am in good enough health to participate in the Activities, and I agree to limit my participation to the level of activity that is tolerable to my physical condition and medical situation. I acknowledge that it is my responsibility to obtain my physician's approval for my participation in the Activities, which may include exercise/fitness activity or use of exercise equipment. I agree that PBF cannot be and is not responsible for attending to any of my medical or medication needs, and I assume all risk and responsibility therefore. I understand that PBF does not have medical personnel available, I agree that my participation is entirely at my own risk, and I agree to take appropriate precautions for my own health and safety. I am not and will not be under the influence of any substance that might impair my physical or mental ability to engage in the Activities, or that might impair my judgment while engaging in the Activities.
Disclosure and Assumption of Risks: I have been informed that participation in any exercise or physical activity, such as Pilates or other exercises, and in any Activities or programs provided by PBF or others, could lead to my physical injury, including, without limitation, personal injuries and property loss or damage. I will ask questions regarding any activity about which I am uncertain or anxious, and I agree to take full responsibility for deciding if and when, in the interest of my health, I should slow down, rest or discontinue activity. I acknowledge that risks may include possible injuries or medical disorders arising out of exercising instructions or the lack thereof; latent or apparent defects or conditions in equipment or property; equipment malfunction; equipment use or misuse by me or other participants or Instructors; misinformation; and other dangers. I acknowledge that the above listed risks are for illustration purposes only and are not inclusive of all possible risks associated with the Activities and the above list in no way limits the absolute and comprehensive nature of this Waiver. I acknowledge that I voluntarily agree to fully assume all such risks of loss, damage, or injury from my participation in the Activities, whether or not such risks are known or foreseeable. I understand that no medical insurance benefits will be provided to me by PBF. I certify that I have sufficient health, accident, and personal liability insurance to cover bodily injury, property damage, or any consequences resulting from my participation in the Activities. If I have no such insurance, I certify that I am personally willing and able to pay for any and all expenses or costs that may result from my participation in the Activities.
Indemnification: I agree to defend, indemnify and hold PBF, it’s representatives, principals, and affiliates harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to my use of the Site and any products sold via this Site.
Waiver of Liability, Unconditional Release, and Covenant Not to Sue: I agree to assume all risks and responsibilities surrounding my participation in the Activities. I understand and agree that PBF is not and will not under any circumstance be held liable or responsible in any way for any injury, death, or other damages to me. On behalf of myself and my family, heirs, executors, agents, personal representatives, and assigns I hereby fully and unconditionally release and agree to defend, indemnify, hold harmless and forever discharge PBF from any and all claims and actions, damages, liabilities, losses, costs and expenses of any kind or nature whatsoever (including, without limitation, attorney’s fees and court costs), in any way arising out of or resulting from my participation in the Activities, including, without limitation, any and all present or future claims, actions and liabilities for injury, loss or damage to me, to anyone else or to property, regardless of whether or not such injury, loss or damage was caused by the negligence or misconduct of PBF. I agree that neither I, nor anyone claiming through me, will hereafter bring, commence, prosecute or maintain (or cause or permit such), any suit or action against PBF either at law or in equity, in any court anywhere, for or in any way connected with any harm to me or my property, and that neither I, nor anyone claiming though me, will or will attempt to enforce, prosecute, or recover upon, any claim or right of action whatsoever, which I, or anyone claiming though me, may now have or hereafter assert, in any way connected with claims of harm to me or my property in connection with PBF Activities.