Terms and Conditions

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. 

 

Your access to and use of this website and Pilates Nest programs, as well as all related websites operated by Pilates Nest LLC. which includes www.pilatesnest.com, among others (collectively the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:

 

  • The information presented on this Website is in no way intended as medical advice or as a substitute for medical treatment. This information should only be used in conjunction with the guidance and care of your physician. Consult your physician before beginning any diet, nutrition, or fitness plan offered through the Website. Your physician should allow for proper follow-up visits and individualize your diet, nutrition, or fitness plan as appropriate. Nothing stated or presented on the Website is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider if you have any questions regarding a medical condition, your diet, nutritional supplements, an exercise regimen, or any other matter related to your health and well-being.

 

  • This Website is not directed to persons under eighteen (18) years of age. The Website is owned by Pilates Nest LLC.  This Agreement applies to all of the products, services and websites offered by Website and Pilates Nest, the mobile versions thereof, any Website software that you have embedded on a web site or are about to embed (“Widgets”), and any applications (“Apps”) created by Pilates Nest whether available through a social networking site or its subsidiaries or affiliated companies (collectively, “Service”). Please note that the availability of any Apps on a social networking site does not indicate any relationship or affiliation between Pilates Nest and such social networking site.

 

  • Communication: When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications (including legal notices) from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. 

 

  • PARENTAL OR GUARDIAN PERMISSION: You must be 18 years or older to to use this Website and by providing information about yourself to Pilates Nest you are representing that you are eighteen years (18) of age or older. If you are younger than eighteen (18) years of age and would like to become a registered member of or provide information about yourself to the Pilates Nest Website, you are required to have your parent or legal guardian contact us prior to use.

 

  • Users of the Website (individually and collectively, “User”) expressly agree that use of the Website is at User’s sole risk. Neither Pilates Nest, nor its employees or Providers, warrant that the Website will be uninterrupted or error-free; nor do they warrant or make any representation regarding the use of the information provided on the Website or the results that may be obtained from the use of the information provided on the Website, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through the Website. Pilates Nest does not endorse, recommend, or sponsor and is not affiliated with any individuals or entities listed or linked to on the Website unless that fact is expressly stated. The listing of any individual or entity does not constitute a medical referral of any kind. Users are advised to exercise their own further informed review, judgment, and evaluation in the selection of any and all medical professionals and health information.

 

  • The website is provided by Pilates Nest on an “as is” and “as available” basis. Pilates Nest makes no representations or warranties of any kind, express or implied, as to the operation of the website or the information, content, materials, products or individuals included or listed on the website. To the fullest extent permissible by applicable law, Pilates Nest disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Under no circumstances shall Pilates Nest or providers be liable to you or any third-party for any indirect, consequential, incidental, special or punitive damages, including, but not limited to, lost profits and business interruption, whether in contract or in tort, including negligence, arising in any way from any product or service sold or provided on the website or the use of the information or the results of the use of the information provided on the website, even if Pilates Nest is expressly advised of the possibility of such damages. In no event shall Pilates Nest’s liability exceed the price you paid for a product or service that is the subject of the claim. No oral advice or written information given by Pilates Nest, providers or the like, shall create a warranty; nor shall user rely on any such information or advice. Under no circumstances shall Pilates Nest or any other party involved in creating, producing, or distributing the Website be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Website, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to the Website’s records, programs, or services. User acknowledges that this paragraph shall apply to all content, merchandise, and services available through the Website. In those States that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.

 

  • You agree to indemnify and hold the Pilates Nest and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Pilates Nest may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. Pilates Nest reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Pilates Nest with such cooperation as is reasonably requested by the Pilates Nest.

 

  • If you send comments or suggestions about the Site to the Pilates Nest, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Pilates Nest. The Pilates Nest shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.

 

  • All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Pilates Nest Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use.

 

  • You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by Pilates Nest LLC., (the “Company”) and are the property of the Company and/or its third party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.

 

  • Pilates Nest reserves the right to refuse or cancel your account. We also reserve the right to cancel your membership should you violate any provision of this Agreement, or any other posted policy on the Website. The contents of this Website, including the videos, text, graphics, images, and information obtained from Pilates Nest’s third-party content providers, sponsors, suppliers, and licensors (collectively “Providers”), and any other materials are to be used for informational purposes only.

 

  • Testimonials found at PilatesNest.com and its associated subdomains, are unverified results that have been sent to us by the purchasers of Pilates Nest LLC's programs. It may not reflect the typical user’s experience, may not have the same results for the average person, and are not intended to guarantee that anyone will achieve the same results. Again, it is possible that even with perfect use of these programs, you will not achieve the results described in testimonials. They are meant to be a showcase of the best results and should not be taken as the results a typical user will get.  Results may vary; those portrayed in published testimonials are not claimed to be true for everyone. All testimonials feature real people who have transformed their bodies by following Pilates Nest's programs. The best results come to those clients who are the most motivated and dedicated, and should not be taken as average or typical. By using Pilates Nest's programs, you assume certain risks which may be associated with beginning a health improvement program. Please consult a licensed physician or other health care professional to discuss your specific health profile.

 

  • For online programs, you will be billed in accordance with what is stated on the order page. Members of Pilates Nest's TRIBE will be billed monthly or annually depending on the membership they chose upon registration. By joining the membership you agree to these monthly or annual payments.

 

  • No Sharing of Account Information: You agree that you will not share your username and password with others. Excessive usage of the Sites will be assumed by Pilates Nest to be fraudulent use and your account will be immediately cancelled without a refund.

 

  • While the Pilates Nest uses reasonable efforts to include accurate and up-to-date information in the Site, Pilates Nest makes no warranties or representations as to its accuracy. Pilates Nest assumes no liability or responsibility for any errors or omissions in the content of the Site.

Thank you.