Terms Of Use
Welcome to nspilatesandspa.com. By using nspilatesandspa.com (or our the “Site”), you agree to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, do not use this Site. The term “nspilatesandspa.com” or “us” or “we” or “our” refers to Trifecta Training, Inc., d/b/a Northshore Pilates, the owner of the Site. The term “you” refers to the user or viewer of our Site.
Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our Site. This Agreement constitutes the entire and only agreement between you, and us and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. We may amend this Agreement at any time from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
Copyright and Service Marks.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site (except as outlined below in "Permitted Uses") is strictly prohibited. " nspilatesandspa.com” and Northshore Pilates are our service marks or trademarks.
Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; and (b) to use the Site solely for internal, personal, non-commercial purposes.
Classes and Downloads.
We make available through the Site Pilates classes and video downloads (collectively, “Material”). All Material is provided on a nonexclusive license basis only for your personal use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Downloads and certain Pilates classes are provided for a charge and without any representations or warranties, express or implied, as to their suitability and/or appropriateness to the condition of the practitioner. All Material is provided “as is”, “as available”, and with “all faults”, and we and any provider of the Material disclaim any warranties, including but not limited to the warranties of merchantability and fitness for a particular purpose. The Material may be inappropriate for your particular circumstances. Furthermore, your condition or goal may require different or additional care to achieve the desired result. You should consult with your physician to determine the appropriate exercises suitable for your health and fitness level.
Registration.
Certain offerings from the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components; however, we will do our best to restore the site as quickly as possible once we are made aware of any problems. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, classes, blogs, comments, posts or other content appearing on the Site.
Indemnification.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
Nontransferable.
Your right to use the Site is not transferable nor assignable. Any password or right given to you to obtain information nor documents is not transferable or assignable. Any class or download that you purchase is for your viewing only and may neither be transferred nor assigned to a third party at any time or for any reason without express written permission of the creator of the work.
Disclaimer, Waiver and Release.
THE INFORMATION, CONTENT AND VIDEOS PRESENTED IN THE SITE ARE NOT A SUBSTITUTE FOR AND ARE NOT TO BE CONSTRUED AS A SUBSTITUE FOR MEDICAL ADVICE. ONLY A MEDICAL PROFESSIONAL CAN DETERMINE WHETHER OR NOT EXERCISES ARE RIGHT FOR YOU. PLEASE CONSULT YOUR DOCTOR BEFORE BEGINNING THIS OR ANY OTHER EXERCISE PROGRAM.
YOU WAIVE, DISCHARGE AND RELEASE NORTHSHORE PILATES AND ITS OWNERS, EMPLOYEES, AGENTS, SHAREHOLDERS, MEMBERS, DIRECTORS, MANAGERS AND OFFICERS, FROM ANY CLAIMS OF INJURIES, INCLUDING DEATH, DAMAGES AND LOSSES, DEMANDS, AND CAUSES OF ACTION, NOW OR IN THE FUTURE, ARISING IN CONNECTION WITH YOUR PARTICIPATION IN ANY OF THE PROGRAMS OFFERED ON THE SITE OR YOUR USE OF THE SITE OR MATERIALS. YOU ACKNOWLEDGE AND AGREE NORTHSHORE PILATES AND ITS OWNERS, EMPLOYEES, AGENTS, SHAREHOLDERS, MEMBERS, DIRECTORS, MANAGERS AND OFFICERS ARE EXEMPT FROM ANY ALL LIABILITY FOR ANY LOSS OR DAMAGE TO PERSONAL PROPERTY OR INJURY, DEATH OR DISABILITY THAT YOU MAY INCUR DURING OR AS A RESULT OF YOUR USE OF THIS SITE OR MATERIALS OR YOUR PARTICIPATION IN ANY PROGRAMS OR CLASSES OFFERED ON THIS SITE. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A VIDEO OR DOCUMENT IS DISCLAIMED.
Privacy Policy.
You represent and warrant that if you are purchasing something from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes. We collect information from you when you register on the Site, place an order, respond to a communication such as e-mail, or participate in another Site feature. When ordering or registering, we may ask you for your name, e-mail address, mailing address, phone number, credit card information or other information. You may, however, visit our site anonymously. Our Site uses "cookies" to enhance your experience and gather information about visitors and visits to our websites. Please refer to the "Do we use cookies?" section below for information about cookies and how we use them.
How do we use your information?
We may use the information we collect from you when you register, purchase products, respond to a communication, surf the website, or use certain other site features in the following ways: to (i) personalize your site experience and allow us to deliver the type of content and product offerings in which you are most interested; (ii) allow us to better service you in responding to your customer service requests; (iii) quickly process your transactions; and (iv) administer a site feature.
How do we protect visitor information?
We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above.
Do we use cookies?
Yes. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Netscape Navigator or Internet Explorer) settings. If you turn cookies off, you won't have access to many features that make your site experience more efficient and some of our services will not function properly. However, you can still place orders over the phone by contacting us.
Do we disclose the information we collect to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice, except as described below. The term "outside parties" does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Changes to our policy.
If we decide to change our privacy policy, we will post those changes on this page. Policy changes will apply only to information collected after the date of the change. This policy was last modified on April 1, 2020.
Online Policy Only.
This online privacy policy applies only to information collected through our website and not to information collected offline.
Your consent.
By using our site, you consent to our privacy policy.
Information.
The Site contains information about us. We disclaim any duty or obligation to update this information. Information about companies other than ours contained in our Site should not be relied upon as being provided or endorsed by us.
Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.
Refund Policy.
Video sessions purchased are not refundable. If you experience difficulty downloading or connecting to a video or online workout, please contact us as instructed from the Contact Us page on the Site and we will make every effort to assist.
Miscellaneous.
This Agreement shall be treated as though it were executed and performed in Evanston, Illinois, and shall be governed by and construed in accordance with the laws of the State of Illinois (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, videos, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth herein.
Arbitration.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of JAMS. The arbitration shall be conducted in Chicago, Illinois, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS.