The following terms and conditions (Terms of Use) govern your use of
The A Pilates Studio (the site) which is made available by A Pilates Studio, ( “us” or
“our”). By using the Site, you accept and agree to these Terms of Use governing your use of the
Site. If you do not agree to these Terms of Use, you may not use the Site. We may change the
Terms of Use from time to time, and at any time without notice to you, by posting such changes
on the Site. By using the Site following any modifications to the Terms of Use, you agree to be
bound by any such modifications to the Terms of Use. In addition, please be advised that
information collected on this Site may be used to populate the program application(s) that we
use for our programs.
Our Service
On apilatesjax.com we provide information and promotional materials for our
fitness brand, including general industry news, as well as a designated area for you to contact
us about our products and services.
Accessing Our Site
Currently, you must be at least eighteen (18) years of age or older and live in the United States
to use the Site. If you are under the age of 18, you are hereby expressly notified that you are
not permitted to provide any information through our Site, for any purpose, including seeking
information about our fitness brand and opportunities. We are not responsible for monitoring
or seeking verification of user qualification or age. However, if we discover that a user is
accessing the Site in violation of these Terms of Use, we may immediately take action to
terminate such access if possible. We are sorry for any inconvenience this may cause.
Exclusive Ownership Rights
We solely own and control all copyright and intellectual property rights on our Site or have
received permission to use them from other third parties. We do not grant or imply any
ownership of the Site to you. You may view the content on the Site on your personal computer
or other internet devices and make copies or prints of the content on the Site for your personal,
non-commercial use only. You may not otherwise copy, reproduce, distribute, or otherwise
exploit any content, code, data, or materials on the Site. If you make other use of the Site,
except as otherwise provided above, you may violate copyright and other laws of the United
States and other countries, as well as applicable state laws, and may be subject to liability for
such unauthorized use. We do not grant any license or other authorization to any user of our
trade names, trademarks, service marks, or other marks or logos, or those of our partners,
without our separate express written agreement. Third-party marks are the property of their
respective owners.
Use of the Site
During your use of the Site, you may be asked to provide personal information or data to us in
order to receive newsletters or other information about our products and services to assist youwith your needs. Our information collection and use policies with respect to the privacy of
personal information are set forth in the Site's Privacy Policy which is incorporated herein by
reference. Please read our Privacy Policy before submitting any personal information. You
acknowledge and agree that you are solely responsible for the accuracy and content of all
personal information and any other data you submit. We cannot be responsible for maintaining
any information that you provide to us, and we may delete or destroy any such information at
any time.
Use of the Site for the any following purposes or activities is strictly prohibited: a) conducting or
supporting illegal activity of any type whatsoever; b) transmitting or storing worms or viruses or
any code of a destructive nature; c) threatening, harassing, abusing, impersonating, injuring or
intimidating others; d) interfering with others' use of the Site, unless such interference is for the
purpose of complying with another section of these Terms of Use; e) delivering spam or
collecting information to deliver spam, or sending unsolicited email advertisements; f)
decompiling, disassembling, reverse engineering or otherwise attempting to discover any
source code contained in the Site; g) disguising the origin of any content transmitted through
the Site or manipulating your presence on the Site; and/or h) causing the launch of any
automated system(s) that accesses the Site in a manner that sends more request messages to
servers of the Site in a given period of time than a human can reasonably produce in the same
period by using a conventional online web browser.
User Accounts
We may enable you to establish an account on the Site with a username and password. If so,
you are responsible for maintaining the strict confidentiality of your account password, and you
are responsible for any activity under your account and password. You agree to (a) immediately
notify us of any unauthorized use of your password or account or any other breach of security,
and (b) ensure that you exit from your account at the end of each session. It is your sole
responsibility to control the dissemination and use of your password, control access to and use
of your account, and notify us when you desire to cancel your account on the Site. We will not
be responsible or liable for any loss or damage arising from your failure to comply with this
provision.
Disclaimer of Warranties
All content, materials, and services provided on this Site, without limitation, are given on an "as
is” and "as available" basis, without warranty of any kind, either express or implied, including,
without limitation, any warranty for information, data processing services, uninterrupted
access, or any warranties concerning the availability, accuracy, usefulness, or content of
information, and any warranties of title, non-infringement, merchantability or fitness for a
particular purpose. We hereby disclaim all such warranties, express and implied. We do not
warrant that the Site or the services, content, functions, or materials contained therein will be
timely or secure or continue uninterrupted or error-free or that defects will be corrected. We
make no warranty that the Site will meet users' requirements. If you should be dissatisfied with
the Site, your sole remedy is to discontinue use. You should not rely on the Site to maintain anyuser data. You should retain all such data and information in your own records for use if the
Site fails or is unavailable, or the data or information is lost.
Limitation of Liability
To the fullest extent permissible under applicable law, in no event shall we or any of our
directors, officers, or employees, or those of our agents, affiliates, or content or service
providers (hereinafter associated entities) be liable for damages of any kind whatsoever
including, but not limited to, direct, indirect, special, incidental, consequential, exemplary or
punitive arising from, or directly or indirectly related to, your use of or inability to use this Site
or its content, materials, and functions. Without limitation, no liability shall arise from any loss
of revenue or anticipated profits or lost business or lost sales, even if we and/or our associated
entities are advised of the possibility of such damages. Some jurisdictions do not allow the
exclusions of certain implied warranties, so some of the above exclusions may not apply to you.
In such case, our maximum liability of us shall not exceed the amount paid by you for access to
this Site. In no event shall we or our associated entities be liable for any content posted,
transmitted, exchanged, or received by or on behalf of any user or other person on or through
the Site.
Links from our Site
Our Site contains links to other third-party websites maintained and operated by persons
and/or companies outside of A Pilates Studio. We provide these links for your assistance and
information. The existence of a linked website does not constitute an endorsement by us of the
website or its content, products, services, advertising, or other materials. You understand and
agree that we are not responsible or liable, directly, or indirectly, for the availability or content
of any linked website - or for any of the goods, services, or advertising available from these
sites.
Applicable Laws
We control and operate this Site from our office in Jacksonville Beach, Florida, in the United
States of America. We are not licensed outside of the United States, and we are not soliciting
business outside of the United States. We do not represent those materials on the Site are
appropriate or available for use in other nations or other locations. Persons who choose to
access this Site from other locations do so on their own initiative and are responsible for all
aspects of compliance with local laws. These Terms of Use, and the agreement they create,
shall be governed by and interpreted according to the laws of the State of Florida, without
giving effect to the State of Florida’s conflict of laws principles. You agree that any use of action
that may arise under our Terms of Use shall commence and be heard in the appropriate court
in the State of Florida. You agree to submit to the personal and exclusive jurisdiction of the
courts located within the State of Florida. Our failure to exercise or enforce any right or
provision of the Terms of Use shall not constitute a waiver of such right or provision. If any
provision of this agreement is found by a court to be unlawful, void, or unenforceable, it shall
not affect the validity and enforceability of any remaining provisions. We may modify these
Terms of Use at any time, simply by updating and posting these Terms of Use on the Site and
without notice to you. You agree that regardless of any statute or law to the contrary, any claimor cause of action by you arising out of or related to the use of the Site or the Terms of Use
must be filed by you within one (1) year after such claim or cause of action arose or be forever
barred.
Governing Law; Venue; Fees
The Site is governed exclusively by the laws of the State of Florida, without regard to conflict-of-
law provisions. In any related action, state and federal courts in Duval County, Florida shall be
the sole and exclusive venue, and by using it, you expressly and irrevocably consent and submit
to the jurisdiction of such courts, and that such venue is convenient. The prevailing party (on
the main issue(s)) is entitled to recover its costs and expenses, including reasonable attorney’s
and expert witness fees, whether an action was commenced or not. A party shall not be
deemed to have prevailed merely because a covenant herein is blue-penciled to such party’s
disadvantage.
