1. Description of Service
These Terms of Services are applicable to all users of an online media services and content distribution Services and community providing Services to through its website video streaming Services located under range.karaduvalpilates.com and related domains, sub domains, and mobile and desktop applications & TV (individually and collectively the “Services”). These Terms govern your use of the KARA DUVAL PILATES Services, including all functionalities, features, Streaming Services, audio, visual, written media, PDF, Website links and user interfaces, and all content and software associated with the Services as provided by KARA DUVAL PILATES (the “Company”).
2. Acceptance of Terms
This Agreement sets forth legally binding terms for your use of the Service. By using the Service, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Service) or you are a “Member” (which means that you have registered on the Website as a user). If you do not accept the terms of this Agreement, you should leave the Website and discontinue use of the Service immediately. We will post a notification on the Service in the event of any material changes to this Agreement. Such changes, whether in the form of modifications, additions, or deletions, shall be effective when specified in the relevant notification or, if the change is immaterial, immediately upon appearing on the Service. Your continued use of the Service following our posting of any changes to this Agreement means that you accept those changes.
3. Your Conduct
The Services may be used only for lawful purposes relating to streaming and related materials. The Company specifically prohibits any use of the Services, and all users agree not to use the Services, for any purposes other than designated by the Company.
You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is 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 this Services, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (e) scraping or harvesting data or (f) the use of robots to skew payouts..
Violations of system or network security or inappropriate conduct may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement entities in prosecuting users who are involved in such violations.
4. Arbitration Agreement
You and Kara Duval Pilates agree that any dispute between us (including disputes against any agent, employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other) relating to: (1) the Service; (2) any transaction or relationship between us resulting from your use of the Service; (3) the purchase, order, installation, or use of the Service; or (4) communications between us, will be resolved exclusively and finally by binding arbitration and the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction. You and Kara Duval Pilates further agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, and not by any state law concerning arbitration. You and Kara Duval Pilates further agree that any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court.
By agreeing to this arbitration agreement, you are giving up your right to go to court, including, but not limited to, your right to a jury trial.
5. General Registration Requirements
If you wish to become a Student, you must read this Agreement and indicate your acceptance during the Student registration process. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on the Website (the “Registration Data”) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Kara Duval Pilates reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time. Kara Duval Pilates’s Materials and Kara Duval Pilates’s Content on the Service (collectively, “Kara Duval Pilates Content”) is provided to you “AS IS” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Kara Duval Pilates. Other than rights expressly granted to you, Kara Duval Pilates reserves all rights in and to the Service and the Kara Duval Pilates Content.
You may access Website and Content as available:
for your information and personal use; as intended through the normal functionality of the Kara Duval Pilates Service; and for Streaming (“Streaming” or “Stream” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Kara Duval Pilates Service to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user). Accessing videos via the Service for any purpose or in any manner other than Streaming is expressly prohibited. When you Stream Kara Duval Pilates Content, the resolution and quality of Kara Duval Pilates Content you receive will depend on a number of factors, including the type of device you are using and your bandwidth, which may fluctuate during the course of your viewing. While we strive to provide a quality viewing experience, we make no guarantee as to the resolution or quality of the Streaming Kara Duval Pilates Content you will receive.
In order to be able to Stream or download Kara Duval Pilates Content from the Service and to view Kara Duval Pilates Content on the Service, you will need to use a personal computer, portable media player, or other device that meets the system and compatibility requirements that we establish from time to time and is otherwise capable of interacting with the Service (each such device, a “Compatible Device”). We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future.
6. Health Disclaimer
Physical exercise, in all of its forms and with or without the use of equipment such as blocks, straps or any other equipment that may be suggested by a Kara Duval Pilates instructor, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment, shown in any of the video clips on the Service. Kara Duval Pilates is not a medical organization and its instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while viewing Kara Duval Pilates videos. Nothing contained in the Service should be construed as any form of such medical advice or diagnosis.
By using the Service, you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes, courses, programs, and activities from Kara Duval Pilates, you will not exceed your limits while performing such activity, and you will select the appropriate level of activity for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against Kara Duval Pilates, or any person or entity involved with Kara Duval Pilates, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
Kara Duval Pilates’s content is not directed to persons under eighteen (18) years of age, and by providing information about yourself to Kara Duval Pilates you are representing that you are eighteen (18) years of age or older. You must be at least eighteen (18) years of age to become a Member and purchase Services. By agreeing to this Agreement during the sign up process, you represent and certify that you are legally able to enter into any and all purchase agreements with Kara Duval Pilates and its partners, vendors, agents and service providers.
8. Member Account, Password and Security
If you register on the Service, you will be required to choose a password and user name, and you may be asked for additional information regarding your account, such as your e-mail address. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Kara Duval Pilates of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. Each registration is for a single user only, unless otherwise expressly provided on the registration page. You may never use another Member’s account without prior authorization from Kara Duval Pilates. Kara Duval Pilates will not be liable for any loss or damage arising from your failure to comply with this Agreement.
9. Term and Termination
This Agreement shall remain in full force and effect for so long as it is posted on the Website. You may terminate your membership at any time, for any reason, by following the instructions on the Website under Account Settings or by contacting email@example.com. If you cancel your membership before the end of the applicable billing cycle, your account will be cancelled as of the following month. You will not receive a refund for the current billing period.
Kara Duval Pilates reserves the right to terminate your account or your access to the Service immediately, with or without notice to you, and without liability to you, if Kara Duval Pilates believes that you have breached any of the terms of this Agreement, furnished Kara Duval Pilates with false or misleading information, or interfered with use of the Service by others.
If Kara Duval Pilates determines in its sole discretion that you are violating any of the terms of this Agreement, Kara Duval Pilates may: (1) notify you, and (2) use technical measures to block or restrict your access or use of the Service. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Service, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use. If Kara Duval Pilates terminates your account or suspends or discontinues your access to the Service due to your violations of this Agreement, then you will not be eligible for any credit, refund or discount or other consideration.
When you close or de-activate your account or if your account is otherwise terminated, we have the right, but not the obligation, to store your personal information, settings, saved and completed classes, and teachers you have followed. Unless we have exercised our right to terminate your account, you can re-activate your account at any time by [contacting us].
10. Security Components
You understand that the Service and software embodied therein may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Kara Duval Pilates and/or content providers who provide content to Kara Duval Pilates. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into the Service.
11. Proprietary Rights
Materials on the Service, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Kara Duval Pilates or by third parties that have licensed or otherwise provided their material to Kara Duval Pilates. You acknowledge and agree that all Materials on the Service are made available to you for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Service, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Kara Duval Pilates’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize the Service or any part of the Material for any purpose other than its intended purposes is strictly prohibited.
12. Non-commercial Use
The Service may not be used in connection with any commercial purposes, except as specifically approved by Kara Duval Pilates. Unauthorized framing of or linking to any of the Service is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and Content without notice and may result in termination of membership privileges.
13. International Use
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 the United States or the country in which you reside.
14. Membership Subscription Fees and One-Time Fees for Online Courses
Kara Duval Pilates offers membership subscription-based access to its movement classes (“Classes“), as well as one-time purchases of courses intended to instruct a person related to a specific area of study or on a particular topic that can be viewed for a limited period of time (“Online Courses“). Kara Duval Pilates reserves the right to cancel, interrupt, or reschedule any Kara Duval Pilates Content, Class, or Online Course. Subject to your payment of any applicable fees (including applicable taxes) and your compliance with all of the other terms Kara Duval Pilates specifies for the Service, Kara Duval Pilates grants you a non-exclusive, non-transferable, limited right and license, so long as the Classes and/or Online Courses are available on the Service, to access, view, use, and display Classes and/or Online Courses for non-commercial, private use.
A. Online Courses.
- Online Course Fees and Viewing Period. As part of the Online Courses, you will be able to view the Online Course during the Viewing Period (as defined below). Once the Viewing Period has ended, you will no longer have access to the Online Course. For purposes of this paragraph the “Viewing Period“ shall mean the period of time that is one (1) year from your payment of the rental fee of the Online Course (“Online Course Fee“) or as specified within the description of the Online Courses, whichever is later. The Online Course Fee is billed prior to commencing the course. Members are not entitled to a partial refund in the event the Online Courses are not completed. If a Member is terminated due to a violation of this Agreement, Kara Duval Pilates will not reimburse the Member for the remainder of any Online Courses, nor will reimbursements be made for cancellations prior the completion of any Online Courses.
- Course Materials for Online Courses. As part of the Online Courses, instructors may provide course materials that you may download from the Service (“Course Materials“). Such Course Materials may only be used for your own personal, non-commercial use. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any Course Materials, nor may you modify or create derivative works related to such Course Materials.
B. Membership Subscription to Classes
- Billing for Membership to Classes. Memberships, which provide you with access to Classes, are billed on a periodic basis as specified at the time of purchase (e.g., monthly, quarterly, or yearly). Memberships do not include access to Online Courses. Your Membership subscription will continue in effect on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription or the account or the Service is otherwise suspended or discontinued pursuant to this Agreement. If membership is cancelled or terminated before the end of the applicable billing cycle, Kara Duval Pilates will not reimburse the Member for the remainder of that paid month. Members may cancel their membership at any time. Membership must be canceled prior to the renewal date in order to avoid additional membership charges. At times, special prepaid membership packages will be available for purchase at varying lengths of time as specified at the time of purchase. Special prepaid memberships will be recurring and will renew automatically on the expiry date.
- Pricing for Membership Subscriptions. When you purchase a membership subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If Kara Duval Pilates later increases the price of the subscription, Kara Duval Pilates will notify you via email. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 10 days’ prior notice before the charge is made. If you are given less than 10 days’ prior notice, the price increase will not apply until the payment after the next payment due.
- Free Trial for Membership to Classes. We require that you provide a valid credit or debit card (“Payment Source“) at the time you register for a free trial to ensure that you have continued access to your membership after the expiration of the free trial period (“Free Trial“). Kara Duval Pilates will not bill your account until the Free Trial has expired and provided that you have not cancelled your account during the Free Trial period. You may only use a Free Trial once. Kara Duval Pilates reserves the right to terminate any account that is using or trying to use more than one Free Trial. Because the Kara Duval Pilates service is offered in multiple time zones, for consistency, a “day” for purposes of this Agreement begins at 12:00am Pacific Time and ends at 11:59p., Pacific Time of that same calendar day. It is very important to understand that you will not receive a notice from Kara Duval Pilates that your Free Trial has ended and that payment for your subscription is due. If you wish to avoid charges to your payment method, you must cancel your subscription prior to midnight Pacific Time on the last day of your Free Trial period.
- No Sharing of Membership Subscriptions. Members of Kara Duval Pilates may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any Member will be construed by Kara Duval Pilates as fraudulent use of the Service, which will result in the immediate cancellation of membership without refund. When becoming a Member you agree to take all actions possible to protect your username and password from fraudulent use. Kara Duval Pilates reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at its own discretion.
15. Return Policy
No refunds will be granted. Please reach out to firstname.lastname@example.org with any further questions or concerns.
By using the Services you consent to receive electronic communications from the Company. These communications will include, emails about account, password, access, marketing, transactional and other information related to the Services and to your account.
17. Modification and Discontinuation
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service.
18. Waiver and Severability of Terms
The failure of Kara Duval Pilates to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Kara Duval Pilates without restriction.
20. Integration Clause
21. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
22. Governing Law; Venue
These Terms will be governed by and construed in accordance with the laws of the State of Massachusetts, excluding its conflict of law provisions. You agree that any judicial proceedings will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state and federal courts in Boston, Massachusetts.
You agree to defend, indemnify and hold harmless Kara Duval Pilates, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions of Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.
24. Ability to Accept Terms of Service
You affirm that you are at least eighteen (18) years of age, and are fully able and competent to enter into this Agreement, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
Kara Duval Pilates reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of the Service following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.
If you have any questions or comments regarding this Agreement or the Service, feel free to contact us by e-mail at email@example.com.