Use of Web Site, Mobile Applications, and our Service
a. www.conciergepilates.com and mobile applications connects individuals with mobile Pilates Instructors (hereinafter “The Service”). The Service provides certified Pilates Instructors (hereinafter “Service Provider") through which Pilates Instructors can provide Pilates Instruction (hereinafter "Pilates Session") to Client. Any person who accesses and/or uses the Service to book a Pilates Session on his or her own behalf, or on behalf of any third party, will be referred to herein as "Client".
b. Subject to the Term herein, Concierge Pilates hereby grants you a limited revocable, non-exclusive access to use the Service, solely in the manner intended by Concierge Pilates. Unless otherwise specified in writing, the Service is solely for your personal use and not for resale. Concierge Pilates reserves the right at all times and without notice to: restrict and/or terminate your access to the Service and modify or discontinue providing the Service.
Registration, Accounts, Passwords and Security
a. In order to become a Client, you must complete the registration process by providing Concierge Pilates with current, complete and accurate information, as prompted by the applicable registration form.
b. You acknowledge that in the event you provide any information to Concierge Pilates which is untrue, inaccurate, not current or incomplete, Concierge Pilates may terminate these Terms and your continued access and use of the Service.
c. As part of the registration process, you will be provided a temporary username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. You agree to notify Concierge Pilates immediately of any unauthorized use of your account or any other breach of security. To notify us, contact us at email@example.com. You are responsible for all use of the Service occurring under your user name. You are responsible for keeping your password confidential and for notifying us if your password has been hacked or stolen. Concierge Pilates will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for any losses incurred by Concierge Pilates or another party due to someone else using your account or password.
a. You represent and warrant that you are at least eighteen (18) years of age and that you possess the legal right and ability to enter into these Terms.
b. If you are using the Service on behalf of an individual, company, entity, or organization (hereinafter "Guest"), you represent and warrant that (A) you are an authorized representative of such Guest with the authority to bind such Guest to these Terms, (B) agree to be bound by these Terms on behalf of such Guest, and (C) your Guest meets the eligibility requirements for the Service, as set forth in these Terms. Further, you will be solely responsible for ensuring your Guest complies with these Terms.
You may use the Service solely for lawful and as intended through the provided functionality of the Service. You may not use the Service in any manner that could damage, disable or impair our servers or networks, or interfere with any other party's use of the Service. You may not attempt to gain unauthorized access to the Service, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you expressly agree that you will not (and you agree not to allow or assist any third party to):
a. Trick, defraud, or mislead users, especially in any attempt to gain sensitive account information;
b. Make improper use of our support services or submit false reports of abuse or misconduct;
c. Use any information obtained from the Service in order to harass, abuse, or harm another person;
d. Disparage, tarnish, or otherwise harm the Service;
e. Create user accounts by automated means or under false or fraudulent pretenses;
f. Express or imply that any statements you make are endorsed by us, without our prior written consent in each instance;
g. Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
h. Create a new account with Concierge Pilates, without Concierge Pilates express written consent, if Concierge Pilates previously disabled an account of yours;
i. Violate any applicable federal, state or local laws, regulations or these Terms;
j. Use or access the Service to build a competing service.
We may take any legal action and implement any technical remedies to prevent the violation of these provisions and to enforce these Terms.
a. The information made available through the Service are provided for informational purposes only. None of the information should be used as professional medical advice. By using the Service, you agree that you will not rely on the Service as a substitute for professional medical advice. Questions you have regarding medical related matters, should be addressed with a medical professional.
b. You acknowledge that your reliance on any information provided by the Service to you is solely at your own risk and you assume full responsibility for all risk associated therewith, as allowable to the extent of the law.
As a condition of being permitted to book Pilates Sessions with Service Provider through the Service, Concierge Pilates Clients agree with the following Terms for all Pilates Sessions.
a. Concierge Pilates provides information about Service Providers within the Service; however, Concierge Pilates does not recommend any of the Service Providers and does not provide the Services rendered by the Service Provider. Concierge Pilates receives relevant certification certificates and facilitates Service Provider background checks conducted by a third party, but Concierge Pilates does not and cannot guarantee the accuracy of any such information. It is solely the responsibility of each Clients, and not Concierge Pilates to determine whether a given Service Provider is capable of delivering the Pilates Session. Clients and Service Providers should exercise caution to protect your personal property and personal safety. Clients agrees that it is your responsibility to take precautions with any third party you interact with from the Service.
b. Concierge Pilates does not tolerate any requests deemed sexual or inappropriate in nature. Clients reported for inappropriate behavior will be immediately removed from the Service. Concierge Pilates will not refund you for any reason if you receive the Pilates Session, except as determined in its sole discretion. For avoidance of doubt, if you engage in conduct deemed inappropriate or unsafe by a Service Provider, as determined in the Service Provider’s sole discretion, including, but not limited to, making inappropriate requests, or the Service Provider perceives a threat to his/her safety or well-being, and such conduct results in a Service Provider ending the Service prior to the end of the allotted time, Concierge Pilates will not refund you.
c. Clients agree that Pilates Session is for Pilates only and should not be used if the person who will receive the Pilates Session had recent surgery or is pregnant. Clients who uses the Service to book a Pilates Session on his or her own behalf should consult a physician if uncertain as to whether a Pilates Session is appropriate for such Clients, and Clients who uses the Service to book a Pilates Session on behalf of a third party should encourage that third party to do the same.
d. The prices listed on the Service are the standard costs for the listed service, which Concierge Pilates may change at any time in its sole discretion. In addition, costs for services provided by a Service Provider may vary depending on a variety of factors such as length, day, time, or location of appointment. The price you are ultimately charged is the "Cost."
e. To the fullest extent permitted by law, Concierge Pilates will not have any liability whatsoever for any of the Services provided by Service Provider. Service Provider shall bear sole liability for the Pilates Session.
f. You will be charged the cost at time of booking. You agree to pay to Concierge Pilates all costs, whether or not you dispute the amount of the charge or the quality or nature of the Services provided. All sales booked through the Service are final and Concierge Pilates provides no refunds, except as determined in Concierge Pilates sole discretion. You acknowledge, understand and agree that when using the Service, you may be responsible for standard phone, data and messaging charges from your wireless carrier. Under no circumstances will Concierge Pilates be responsible for any wireless email, data, phone, or text messaging charges incurred by you or by a person that has access to your wireless device, telephone number, or email address.
g. Although Concierge Pilates retains the right to mediate any dispute between Clients and Service Provider, all disputes between Clients and such Service Provider must ultimately be resolved between Clients and the Service Provider directly.
h. If you cancel before your scheduled Pilates Session, then Concierge Pilates may charge you a cancellation fee, which will be set forth in the Cancellation Policy
i. By accessing and/or using the Service as a Guest, you hereby represent, warrant and covenant to us that such access and/or use of the Service does not and will not violate any contract or agreement between you and any third party, including, without limitation, your employer.
Consent to Electronic Communications
a. When you book a Pilates Session with Concierge Pilates, Concierge Pilates will send you an SMS text message and push notifications in order to keep you informed about the Pilates Session. For example, Concierge Pilates will send you a text message to confirm or remind you of your Pilates Session. By using the Service, you agree to receive Messages and Notifications regarding your use of the Service. SMS text messages are for informational purposes only. While Messages and Notifications are intended to enhance your use of the Service, you may (i) disable push notifications on your device.
b. Depending on your current carrier plan, you may incur charges for these Messages and Notifications and agree to not hold Concierge Pilates liable for any charges incurred.
c. Concierge Pilates cannot control certain factors relating to message delivery. You acknowledge that, depending on your mobile carrier's service, it may not be possible to transmit a text message to you successfully. We have no liability for transmission delays or message failures.
You agree not to circumvent the payment methods offered by the Service. By way of illustration and not in limitation of the foregoing, you agree not to:
a. Solicit Service Providers through the Service to contract, hire, work with, or pay outside the Service.
b. Accept proposals or solicit parties identified through the Service to contract or receive payment outside the Service.
c. Refer a Service Provider you identified on the Service to a third-party who is not a User of the Service for purposes of making or receiving payments off the Service.
You agree to notify Concierge Pilates immediately if a Service Providers suggests to you making or receiving payments outside of the Service. If you are aware of a breach or potential breach of this non-circumvention agreement, please submit a confidential report to Concierge Pilates by sending an email to: firstname.lastname@example.org.
Content Submitted to Concierge Pilates
a. By sending or transmitting Concierge Pilates information, opinions, creative suggestions, ideas, notes, concepts, or other materials (collectively, "Materials"), you grant Concierge Pilates, non-exclusive, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Materials, including marketing and advertising the Service, without compensation to you; provided that we will never use your name in connection with any of your Materials.
b. The Service may allow Service Providers and Clients to exchange messages with each other. Sending Messages is a privilege, not a right, and Concierge Pilates may terminate such privileges of any user at any time and for any reason, without any liability to such user. If a user sends you a questionable Message, please notify us by sending an e-mail to email@example.com. You acknowledge that Concierge Pilates may monitor Messages for compliance and therefore, Messages should not be considered confidential or proprietary.
Term and Termination
The term of these Terms will commence on the date on which you first access or utilize the Service in any way and will continue so long as you continue to access or utilize the Service; provided that Concierge Pilates reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of these Terms including, without limitation, the suspension or termination of the user's access and/or account, or blocking the user from access to the Service. Concierge Pilates may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
Disclaimer of Warranty
a. Concierge Pilates does not assume any responsibility for loss or damage resulting from the failure of the internet or telecommunication (“Technology”). You agree that the use of the Service and your reliance of technology is at your sole risk.
b. You acknowledge that any information you obtain from Service Providers comes from those individuals, and not from Concierge Pilates, and that Concierge Pilates, to the fullest extent permitted by law, is not in any way responsible for any of the information third parties may supply or for any statements, claims, or representations they may make. If you are dissatisfied with the Service, your sole and exclusive remedy is to discontinue accessing and using the Service.
Limitation of Liability
Concierge Pilates is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the Service, including, but not limited to: your use of or your inability to use our Services, delays or disruptions in Services, viruses or other malicious software obtained by accessing, or linking to, our Services, glitches, bugs, errors, or inaccuracies of any kind in our Services; damage to your hardware device from the use of the Services, the content, actions, or inactions of third parties’ use of the Service
Concierge Pilates will not be liable for any delay or failure to perform any obligation herein if the delay or failure is due to unforeseen events that are beyond Concierge Pilates reasonable control, such as strikes, blockade, war, terrorism, riots, natural disasters, epidemic or governmental action, in so far as such an event prevents or delays Concierge Pilates in fulfilling its obligations hereunder.
Indemnification and Release
a. To the fullest extent permitted by law, You will defend, indemnify and hold Concierge Pilates harmless against any loss or damage of any kind (including, without limitation, attorneys' fees and lost revenues) arising from: (i) any and all breaches by you of these Terms or any representation, warranty or covenant contained herein; (ii) any and all use of the Service not specifically authorized hereunder and on the Service; and (iii) any and all claims and actions against Concierge Pilates by other parties to whom you allow access to the Service.
b. To the fullest extent permitted by law, you further waive, release and forever discharge Concierge Pilates from any and all responsibility or liability for injuries or damages resulting from your Pilates Sessions or any other service obtained through the use of the Service, including injuries or damages caused by the negligent act or omission of the Released Parties or in any way arising out of or connected with the Service.
c. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You will not, in any event, settle any claim or matter without our written consent.
a. Any dispute or claim relating in any way to your use of the Service will be resolved by binding arbitration on an individual basis, rather than in court, except that you may assert claims in small claims court if your claims qualify. Any Arbitration under these terms will take place on an individual basis; class arbitration and class actions are not permitted. The Federal Arbitration Act and federal arbitration law apply to this agreement.
b. “Disputes” or “claims” under this provision shall include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: the Terms and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the Service, any services made available through the Services, payments made by you or any payments made or allegedly owed to you, any claims for fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state Clients protection laws; claims arising under antitrust laws, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.
c. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
d. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
e. We agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidation or representative action. The arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any claim or issue any relief on a class, collective, or representative basis. Other than disputes regarding the validity of the class action waiver contained herein, which disputes may be resolved only by a civil court of competent jurisdiction, all disputes regarding the scope and validity of these Terms will be resolved by the arbitrator.
f. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
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