MickiPhit and their members, officers, directors, trustees, shareholders, employees, independent contractors, instructors/teachers, licensees, licensors, subcontractors, representatives, consultants, advisors, attorneys and agents (current and past), suppliers, distributors, subsidiaries and affiliates, individually and collectively, and any related individuals or entities (collectively, “MickiPhit,” also referred to herein as “we,” “us” and “our”) provides website features and other products and services to you when you: (a) visit www.mickiphit.com and other websites or software which currently exist or may exist or be created by us in the future, associated widgets, mobile applications and other distribution platforms operated by MickiPhit (the “Site”); and (b) use MickiPhit products, services or communication tools/services (collectively, “Services”).
Your viewing and use of our Site and Services (“Your Use”) are conditioned on, governed by and subject to these Terms of Use (“Terms”) including your compliance with our Privacy Policy. This Site may not be used in any way that is not expressly permitted by these Terms and our Privacy Policy. You should print a copy of these Terms for future reference. You consent to entering these terms electronically, and to storage of records related to these terms in electronic form.
IF YOU ACCESS THE SITE, YOU ARE AGREEING TO THESE TERMS, OUR PRIVACY POLICY AND/OR ANY OF THEIR PARTS. If you do not agree, please discontinue using our Site immediately. We are more than happy to answer any questions you have about our policies. Please contact us if you have questions.
You and MickiPhit agree, with limited exceptions noted below, to resolve all disputes between you and us through BINDING ARBITRATION as further provided below. ARBITRATION MEANS THAT YOU AND MICKIPHIT ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
1. This is a Legal Agreement.
These Terms are a legal agreement between you and MickiPhit and contain important information regarding your legal rights, remedies and obligations. By Your Use of the Site, you: (a) acknowledge you have read, understand, and agree to be bound by these Terms; (b) agree to comply with all applicable laws, rules and regulations with respect to Your Use of the Site; and (c) represent you are an adult at least eighteen (18) years of age and have the legal capacity to enter into contracts in the jurisdiction where you reside.
2. No Children Are Permitted To Use Our Site.
This Site is not directed toward children under 13 years of age, nor do we knowingly collect information about children under 13. If you are under 13 years of age, you are not permitted to submit any personally identifiable information to us. If we find out you are under the age of 13 years of age, we will immediately upon notice cancel your account.
3. Please Obtain Your Physician’s Permission Before Beginning Any Exercise Program.
You understand that physical exercise can be strenuous and can expose you to the risk of serious injury. We urge you to obtain a physical examination from a doctor before participating in any exercise activity. You voluntarily accept
and assume any and all risks, known or unknown, associated with Your Use of the Site and our Services including, without limitation, the risk of physical or mental or emotional injury, minor and/or severe bodily harm, death, and/or illness, which arise by any means, including, without limitation: acts, omissions, recommendations or advice given by us.
4. Your Privacy.
Our Privacy Policy also governs Your Use of our Site and constitutes a part of these Terms. You can find our Privacy Policy .
5. Our Intellectual Property Rights.
Mickiphit is the exclusive owner or licensee of all the content and materials on the Site (the “Content,” as defined in this paragraph), and of all related intellectual property rights therein, including, but not limited to, all copyrights, moral rights, trademark and patent rights (the “IP”), except as to those rights which have been granted by IP holders. Our Content includes, but is not limited to, all features, functions, services, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, logos, text, music, sound effects, audio and/or audio-visual elements, videos, domain names, downloadable materials, look-and-feel, design, layout, organization, presentation, user interface, navigation, stylistic convention and other distinctive brand features of the Site.
All trademarks, trade names, copyrights, logos and service-marks (collectively, the “Marks”) related to our IP are our exclusive property. Unauthorized use of any of the Marks or of any word, term, name or symbol that is likely to cause confusion or mistake with respect to the user's connection or association with us, or our approval or sponsorship of the user’s products or services, or that is likely to dilute any of our Marks is strictly prohibited by law. All third party IP that appears in or on the Site is the property of their respective owners.
You do not acquire any ownership interest in any IP or the Marks by Your Use of the Site, including any IP and/or Marks we have received authorization to use. You may not use, reproduce, copy, modify, edit, distribute, transmit, adapt, reformat, create works from, display, perform, publish, license, sell or otherwise exploit, through any means or media, any of our IP or Marks or any of the Site’s Content or Services.
6. Your Permission To Use Our Site.
On condition of your acceptance of these Terms, we grant you a non-exclusive, limited, non-transferrable, non-sub-licensable, freely revocable license to use the Site, its Content and Services for your personal, non-commercial use. We reserve all rights not expressly granted herein. We also reserve the right to terminate your license to use the Site at any time, for any or no reason and, at our discretion, to charge to access and view certain parts of our Site.
7. Submission of Your Own Materials, Ideas, and Suggestions.
We appreciate the enthusiasm, support and ideas of our users and encourage user created content on our Site.
For all materials, text, graphics, sound files or recordings, videos, new creative work, webisodes, or other information you post, upload or otherwise make publicly available on the Site (including feedback, ratings, comments, ideas and suggestions) (collectively “Submissions”), you hereby grant to Mickiphit and our respective designees a worldwide, non-exclusive, sublicensable, transferable, assignable, royalty-free, perpetual, irrevocable right to use, copy, reproduce, edit, transmit, translate, distribute, adapt, reformat, create derivative works from, publicly perform, publicly display and license, digitally perform, make, have made, sell, offer for sale or any other commercial purpose, your Submissions in any and all media and means of communication, now known or hereafter developed, and to use your name in connection therewith. We have no obligation of confidentiality, express or implied, with respect to your Submissions.
You retain ownership of the intellectual property contained in your Submissions. You represent and warrant, however, that you own all intellectual property rights, any necessary licenses, rights, consents, and permissions to the Submissions, that you are authorized to publish the Submissions, and that you are authorized to permit (and do permit) us to publish the Submissions and exploit all intellectual property rights in and to your Submissions. You also waive to the full extent permitted by law any and all claims against us related to moral rights in the Submissions.
No compensation or reimbursement of any kind will be paid with respect to our use of your Submissions. Moreover, in no circumstances will we be liable to you for the use of any of your Submissions.
You also agree we are not and cannot be responsible for maintaining any Submissions, we cannot control what other users do with your Submissions, and we may delete or destroy any Submissions at any time at our sole and absolute discretion. We do not routinely utilize the right to monitor Submissions and do so only in cases needed to enforce these Terms and our Privacy Policy.
If you post a Submission and want us to remove it from the Site, please contact us at [email protected]. We will take reasonable efforts to remove the Submission upon receiving a sufficient request, but we cannot ensure complete or comprehensive removal of the entire Submission.
Information and content submitted by users for publication does not reflect the views of Pilates Anytime. The fact that we permit Submissions on our Site does not warrant the validity, reliability, accuracy, timeliness, or legality of that Content.
IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED IN THIS SECTION, PLEASE DO NOT SHARE, SUBMIT OR POST ANY SUBMISSION ON OR THROUGH THE SITE.
8. Responsible Use of Our Site.
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. Further, you agree that Your Use of the Site is solely for private and personal purposes. You further warrant and represent that you will not engage in any of the following activities, some of which may also expose you to civil and/or criminal liability.
Submissions, Communications and Posts
You agree not to post any sweepstakes, contests, or lotteries, or any Submissions otherwise related to gambling;
You agree not to post any Submissions that falsely express or imply endorsement by us;
You agree not to post any Submissions of a commercial nature (including advertising, promotional materials, spam, junk mail, pyramid schemes, or any other form of unauthorized solicitation), including but not limited to: (i) offering to third parties a service of your own; (ii) reselling, or offering to rent or lease the Site; and/or (iii) offering the Site to the public via communication or integrate it within a service of your own, without our prior written consent;
You agree not to post Submissions that: (i) are unlawful, violent, inflammatory, intimidating, harmful, harassing, stalking, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, discriminatory, or otherwise infringes on our or any third party’s intellectual property or other rights, including privacy rights; (ii) are derogatory or harmful to our reputation; (iii) are harmful to children in any manner; (iv) discriminate against any individual; (v) personally identify any other person without obtaining such person’s express advance written consent to the disclosure of his or her personal information; and/or (vi) encourage criminal behavior or conduct that would constitute a criminal offense under any law, or could give rise to civil liability or other lawsuit;
You agree not to use an inappropriate username or screen name;
No False Information
You agree not to submit or use false or misleading information, impersonate any person or entity, or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Site or any person or entity otherwise affiliated with us.
You agree not to mislead, defraud or trick us or any user for any purpose, including to learn sensitive information about any user or his/her/its account(s), including usernames, passwords and/or other information, including personally identifiable information;
Unauthorized Access and Use of the Site
You agree not to exceed your authorized access to any portion of the Site;
You agree not to use the Site or and/or Services in any manner that could interrupt, restrict, inhibit, damage, disable, overburden or impair the Site or interfere with any other user’s use and enjoyment of the Site, including, but not limited to, sending chain letters, pyramid schemes, spam, mass unsolicited messages, or “flooding” servers;
You agree not attempt to (or encourage or support anyone else’s attempt to) hack, circumvent, reverse-engineer, decrypt, attack, copy, modify, adapt, disassemble, decompile, translate or alter the Site (or any database or server connected to the Site) or any portion thereof, or obtain or attempt to gain unauthorized access to our Site, our computer systems, source code or structure, sequence, or organization of our Site;
You agree not to interfere or attempt to interfere with the proper working of or activities conducted on the Site, or bypass any measures we may use to prevent or restrict access to the Site;
You agree not to use the Site to violate the security of any computer network or transfer or store illegal material;
You agree not transmit, disseminate, post or use any spam, malware, viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms, or other objectionable materials, or any other malicious or invasive code, files or program or upload or transmit (or attempt to do so) any material that acts as a passive or active information collection or transmission mechanism, including but not limited to, clear graphics interchange formats, pixels, web bugs, cookies and/or similar devices;
Other than as the result of standard search engine or Internet browser usage, you agree not to use or launch, develop or distribute any automated system, including, but not limited to, any spider, robot, bot, cheat utility, scraper or off-line reader that accesses our Site, or use or launch any unauthorized script or other software;
You agree not to remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices contained in or on the Site or any of its Content or any of our code embedded in or embeddable on our Site or on a third party website;
You agree not to use the Site in violation of the intellectual property (including but not limited to copyright and trademark), contractual, personal, or other proprietary or legal rights or our rights or those of any third party;
You agree not to obscure or cover any notice, banner, advertisement or other branding on our website;
Rights of Others
You agree not to engage in spamming, flooding, harvesting of email addresses or other personal information, spidering, “screen scrapping,” “database scraping,” or any other activity whose purpose is to obtain lists of users, their personally identifiable information or any other information we maintain about Site visitors;
You agree not to collect, use, seek to use or store personal data about anyone or personally identifiable information of any user or any individual associated with us in any manner, not approved in writing in advance by that individual; and
You agree not to violate any of these Terms, our Privacy Policy or any local, state, provincial, federal, national or international law, rule or regulation or any rules of conduct posted with respect to any individual feature of our Site or that of any third party to whose site we link.
The foregoing examples of unlawful activity are made solely for illustrative purposes and do not constitute an exhaustive list of restricted or prohibited activities.
We may delete any Submissions and/or terminate your access to the Site, our Content and/or our Services if you or your Submissions violate these Terms or our Privacy Policy or you engage in a commission or omission that may be harmful to our Site, our Users or us.
The provisions of this clause are made in addition to any rights afforded to us by any law.
9. Account Services.
a. You Are Responsible For Your Account Maintenance and Confidentiality. You may access some portions of the Site without registering. However, there is Content on this Site which is available only if you create an account. When any of the Services on the Site require you to open an account (“Account”) or otherwise provide user or registration information, including username and password (“User Information”), you must complete the registration process by providing us with complete, truthful and accurate information. When you create an Account, you alone are responsible for maintaining the strict confidentiality of any username and password relied upon to gain access to your Account, and for the use by you and any other person or entity that accesses our Site by use of your User Information, whether or not that access was authorized by you. You must notify us immediately of any suspected or actual unauthorized use of your Account or your User Information, and of any and all other security breaches. You grant to us and to all other persons and entities involved in the maintenance and operation of the Site the right to use, store, monitor, retrieve and transmit your User Information in connection with maintaining and operating the Site.
b. Normal Carrier Rates Apply. If you use the Site over any cellular/mobile devices, you hereby acknowledge that your carrier’s normal rates and fees, such as excess broadband fees, will apply.
c. Cancelling Your Account/Account Termination.
All memberships auto-renew monthly or yearly. You have the right to cancel your Account at any time via your profile on the homepage of the website..
We reserve the right to modify, suspend, and terminate any Account and/or to refuse to provide our Services to you or allow access to our Site, in our sole discretion, without prior notice, at any time and for any or no reason and without any liability to you, including but not limited to any of the following reasons: (a) breach or violation of these Terms; (b) upon request by law enforcement; (c) due to unforeseeable technical or security issues or problems; (d) for extended periods of inactivity; or (e) for fraudulent, deceptive, or illegal activity, or other activity which we believe is harmful to our Site and/or business interests.
Upon termination of your access to or ability to use our Site, including but not limited to suspension of your Account, your right to use or access any Service and/or any Content will immediately cease. You agree that termination, limitation of access and/or suspension shall be made in our sole discretion and that we shall not be liable to you or any third party for the termination, limitation of access, and/or suspension of your Account.
On termination of your Account or upon your deletion of any particular Service or Content, you acknowledge and agree that: (a) caching of, copies of, or references to the Content may not be immediately removed; and (b) such removed Content may persist in backups (not available to others) for reasonable periods of time. You agree to release and indemnify us from all claims related to the retention of deleted Content.
d. No Sharing Account Information. You agree that you will not share your username and password with others. Excessive usage of the Site will be assumed by MickiPhit to be fraudulent use and your account will be immediately cancelled without a refund.
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10. Fees for Features
Some of the Content on Our Site requires you to pay a fee, the details of which are available in various areas of the Site. You agree to pay all fees and applicable taxes incurred by you or anyone using your Account or your User Information.
We may revise the pricing for products, services or features offered through the Site at any time. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. If there is a dispute regarding payment of fees to, or products or Services provided by, us, your Account may be closed and your User Information may be disabled without warning or notice at our sole discretion.
YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR FEE-BASED PRODUCTS, SERVICES OR FEATURES ARE REFUNDABLE IN WHOLE OR IN PART AT THE SOLE DISCRETION OF MICKIPHIT.
We may, from time to time, modify, amend, or supplement our fees and fee-billing methods, and such changes shall be effective immediately upon posting in these Terms or elsewhere on the Site.
11. Apps and Third Party Services
When you use our Apps, such as the Mickiphit Fitness App, you may grant certain permissions to use your device. Most mobile devices provide you with information about these permissions. For most iOS devices: Open the iOS Settings screen; and select the app to see the features the app has permission to use. For most Windows devices, on the Start screen, tap or click Store to open the Windows Store, search or browse for an app, and then tap or click it; and scroll to the Details section of the app's description page to see the features the app has permission to use.
When you use our Site, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
12. Third Party Websites
The Site contains links to websites of third parties and advertisements of third party products and services. If you use these links, you will leave our Site. These third parties and their websites are not under our control. We do not examine or evaluate these websites and we are not responsible for their content or operation. By providing links to these websites, we do not approve, warrant or endorse, or otherwise make any representation about them or their owners or operators, and do not assume any related responsibility or liability. You should exercise your own judgment in evaluating and using these websites. When you link to these websites, you become subject to their terms and conditions of use and privacy policies and should review them carefully before entering any such websites. We do not endorse these websites and our Terms and Privacy Policy do not apply to them.
You expressly release us from any and all liability arising from your use of any third party website, service or content. Your dealings with or participation in promotions of advertisers found on those third party websites, including payment or delivery of goods, and any other terms, including, but not limited to warranties, are solely between you and those advertisers. You specifically agree that we are not responsible for any loss or damage of any sort resulting or arising from your dealings with those third party websites and/or their advertisers.
13. Disclaimers/No Warranties
We administer, control and operate the Site from our offices in the County DeKalb, Georgia, USA. The Site is accessible world-wide. However, some of its features or functions may not be available or appropriate for use outside of the USA and/or may not be available to all persons or in all geographic locations. We make no representation that the Site or our Content and Services are appropriate or authorized for use in all countries, states, provinces, counties, localities or any other jurisdictions.
We do not represent that our Site is governed by or operated in accordance with the laws of other nations. Your Use of the Site may not be legal in your jurisdiction. Therefore, Your Use of the Site is on your own initiative and at your own risk, and you are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable. We reserve the right to limit, in our sole discretion, the provision of any feature or function of the Site to any person and/or geographic area. Any offer for any feature or function made on the Site is void where prohibited.
The Site provides information of a general nature only. You are responsible for determining whether it applies to your specific situation. We specifically disclaim any liability concerning any action that any individual may take based on any information or guidance provided at the Site.
AS A USER, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ALL USE OF THE SITE.
14. Limitation of Liability
ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING ANY BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ARISING UNDER ANY OTHER LEGAL OR EQUITABLE THEORY WILL MICKIPHIT BE LIABLE FOR ANY DIRECT, INDIRECT, STATUTORY, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE (INCLUDING, WITHOUT LIMITATION, USE OF OR RELIANCE ON INFORMATION AVAILABLE ON OR IN THE SITE OR OTHERWISE RELIED ON OR USED BY US IN DELIVERING THE SITE, AND/OR ANY INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, AND/OR ANY OTHER FAILURE OF PERFORMANCE), OR FOR ANY CONTENT, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED OR ACCESSED THROUGH THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY AGREEING TO AND ACCEPTING THESE TERMS, YOU HEREBY IRREVOCABLY RELEASE MICKIPHIT (AS DEFINED ABOVE) FROM LIABILITY OF ANY KIND, AND FOR ANY CONSEQUENCE(S) ARISING FROM THE USE OF THE SITE. THIS INVOLVES ANY AND ALL LOSSES, INCLUDING BUT NOT LIMITED TO, MEDICAL EXPENSES, PROPERTY DAMAGE, LOSS OF PROFIT, DAMAGE TO REPUTATION, FEES, ACTUAL ATTORNEYS’ FEES AND COSTS, EXPENSES OR ANY DAMAGE, WHETHER DIRECT OR INDIRECT, WHETHER FINANCIAL OR NON-FINANCIAL.
IN NO EVENT SHALL PILATES ANYTIME BE LIABLE FOR ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY MICKIPHIT ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE (INCLUDING ANY USER SUBMISSIONS). IN NO EVENT SHALL THE TOTAL LIABILITY OF MICKIPHIT TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE (i) THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SITE OR FOR ANY OF YOUR ACTIVITIES IN CONNECTION WITH THE SITE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING YOUR CLAIM, OR (ii) THE SUM OF ONE HUNDRED U.S. DOLLARS ($100.00 USD), WHICHEVER IS GREATER.
YOU USE THE SITE AT YOUR SOLE RISK. THE SITE, INCLUDING ALL CONTENT, SOFTWARE, WEBSITE, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES WITH RESPECT TO ANY UPTIME OR UNINTERRUPTED ACCESS, THE AVAILABILITY, ACCURACY OR USEFULNESS OF ANY OR ALL SITE CONTENT, OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FEATURES, QUALITY, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY. WE DO NOT WARRANT THE SITE OR ITS CONTENTS AND/OR SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS OR DEFECTS. YOU USE THE SITE AT YOUR OWN RISK. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE, FOR ANY DAMAGES TO OR VIRUS(ES) THAT MAY INFECT YOUR COMPUTER EQUIPMENT, CELLULAR/MOBILE PHONE OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, BROWSING, OR USE OF THE SITE. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT SAFEGUARD PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS, REGULAR SYSTEM UPGRADES AND OTHER SECURITY CHECKS AND MEASURES) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MICKIPHIT MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.
Some states or jurisdictions do not allow the exclusion or limitation of consequential or incidental damages and, in such states or jurisdictions, our liability shall be limited to the fullest extent permitted by law.
TO THE EXTENT ALLOWED BY LAW, WE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF THE FOLLOWING:
DELAYING, REJECTING, OR REMOVING ANY OR ALL CONTENT AT ANY TIME FOR ANY OR NO REASON WHATSOEVER WITH OR WITHOUT NOTICE TO YOU;
MODIFYING OR DISCONTINUING TEMPORARILY OR PERMANENTLY, THE SITE (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE TO YOU FOR ANY OR NO REASON WHATSOEVER;
IMMEDIATELY TERMINATING YOUR ACCESS TO THE SITE FOR ANY OR NO REASON WHATSOEVER AND WITH OR WITHOUT NOTICE TO YOU
THE ACCURACY, USEFULNESS, OR AVAILABILITY OF ANY INFORMATION POSTED TO OR THROUGH THE SITE; OR
ANY LOSS OR DAMAGE OF ANY SORT INCURRED BY YOU AS A RESULT OF INTERACTIONS YOU HAVE WITH THIRD-PARTIES FOUND ON OR THROUGH THE SITE.
IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFIT, LOSS OF GOODWILL, INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER FINANCIAL LOSS) IN ASSOCIATION WITH ANY CLAIM, OR ANY LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING RELATING TO OR ARISING UNDER OR OUT OF THESE TERMS, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE OR OTHER GROUNDS. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.
15. Procedure For Making Claims of Copyright Infringement.
We respect the intellectual property rights of others and require our users to do the same. In compliance with the Digital Millennium Copyright Act (“DMCA”), we have adopted a policy to enable, at our sole discretion, the expeditious removal of infringing material and the termination of repeat infringers’ accounts.
If you have a good faith belief that your copyright is being infringed by any Content accessible on or through the Site, please send a notice of claimed infringement, including the information listed below, to our Designated
To be effective, the notice of claimed infringement must include the following required contents:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (providing specific URLs is the best way to help us locate the Content quickly);
Information reasonably sufficient to permit us to contact the complaining party, such as the address, telephone, and/or an email address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that information provided in this legal notice may be forwarded to the person who provided the allegedly infringing Content.
16. Indemnity.
You agree to defend, indemnify and hold harmless MickiPhit, as defined above, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to actual attorney’s fees and costs) arising from: (i) Your Use of and access to the Site, including any data or Content transmitted, submitted, viewed, or received by you; (ii) your violation of any provision of these Terms and/or our Privacy Policy, including your breach of any of the representations and/or warranties contained in these Terms; (iii) your violation of any third party right, including any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your Content or any that is submitted via your Account; and/or (vi) any other party’s access and use of the Site and any of the Site’s Services and/or Content with your unique username, password or other appropriate security code.
You hereby agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
17. Released Parties.
To the fullest extent permitted by law, you release MickiPhit, as defined above, from any and all responsibility, liability, claims, demands, and/or damages (direct, indirect, incidental, punitive, statutory, exemplary, special or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the following: (i) disputes between users, including those between you and other users; (ii) third party sites and services, including Content found on such sites and services; (iii) disputes concerning any use of or action taken using your Account by you or a third party; (iv) claims relating to the unauthorized access to any data communications or Content stored under or relating to your Account, including unauthorized use or alteration of such communications or your Content.
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
You also waive any and all benefits and rights that would otherwise accrue to you by reason of the provisions of any federal or state statute or principle of common law of any state of the United States, or any political entity or nation, province or local law or regulation that may govern this release, which statute, regulation, law or principle provides in substance. You agree not to file any action or lawsuit inconsistent with the foregoing release.
18. DISPUTES AND DISPUTE RESOLUTION
All claims and disputes arising under or relating to this Agreement are to be settled by arbitration in the State of Georgia, County Dekalb before one Retired Judge, selected by both MickiPhit and you.BINDING ARBITRATION AGREEMENT AND CLASS WAIVER DISCLOSURE
Agreement to Arbitration; Class Waiver: You and we agree, except as provided below regarding small claims court proceedings, any dispute, claim or controversy arising out of or relating in any way to the Site, Services and Content, including, but not limited to, the Site, the Content, products, Services and user interfaces, our Privacy Policy and/or our privacy practices generally, these Terms, and this Arbitration Agreement, shall be determined by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. YOU AGREE THAT, BY AGREEING TO THESE TERMS, THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS AGREEMENT, AND THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This arbitration provision shall survive termination of these Terms.
to your compliance with these Terms and Our Privacy Policy) constitutes the sole and sufficient consideration that you are entitled to receive for any Submissions or other contributions you have made to us and our products and Services.
r. Agreement in English. It is the express wish of the parties that this agreement and any and all related documents be stated in English. To the extent any agreement or other document is prepared in a language other than English, and there results in a conflict between the English version and the version in the other language, the English version shall govern.
s. Questions. If you have any questions about these Terms or the Site, please contact us at [email protected] . We will make our best efforts to address your inquiry promptly.
©2021 by MickiPhit LLC
Your viewing and use of our Site and Services (“Your Use”) are conditioned on, governed by and subject to these Terms of Use (“Terms”) including your compliance with our Privacy Policy. This Site may not be used in any way that is not expressly permitted by these Terms and our Privacy Policy. You should print a copy of these Terms for future reference. You consent to entering these terms electronically, and to storage of records related to these terms in electronic form.
IF YOU ACCESS THE SITE, YOU ARE AGREEING TO THESE TERMS, OUR PRIVACY POLICY AND/OR ANY OF THEIR PARTS. If you do not agree, please discontinue using our Site immediately. We are more than happy to answer any questions you have about our policies. Please contact us if you have questions.
You and MickiPhit agree, with limited exceptions noted below, to resolve all disputes between you and us through BINDING ARBITRATION as further provided below. ARBITRATION MEANS THAT YOU AND MICKIPHIT ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
1. This is a Legal Agreement.
These Terms are a legal agreement between you and MickiPhit and contain important information regarding your legal rights, remedies and obligations. By Your Use of the Site, you: (a) acknowledge you have read, understand, and agree to be bound by these Terms; (b) agree to comply with all applicable laws, rules and regulations with respect to Your Use of the Site; and (c) represent you are an adult at least eighteen (18) years of age and have the legal capacity to enter into contracts in the jurisdiction where you reside.
2. No Children Are Permitted To Use Our Site.
This Site is not directed toward children under 13 years of age, nor do we knowingly collect information about children under 13. If you are under 13 years of age, you are not permitted to submit any personally identifiable information to us. If we find out you are under the age of 13 years of age, we will immediately upon notice cancel your account.
3. Please Obtain Your Physician’s Permission Before Beginning Any Exercise Program.
You understand that physical exercise can be strenuous and can expose you to the risk of serious injury. We urge you to obtain a physical examination from a doctor before participating in any exercise activity. You voluntarily accept
and assume any and all risks, known or unknown, associated with Your Use of the Site and our Services including, without limitation, the risk of physical or mental or emotional injury, minor and/or severe bodily harm, death, and/or illness, which arise by any means, including, without limitation: acts, omissions, recommendations or advice given by us.
4. Your Privacy.
Our Privacy Policy also governs Your Use of our Site and constitutes a part of these Terms. You can find our Privacy Policy .
5. Our Intellectual Property Rights.
Mickiphit is the exclusive owner or licensee of all the content and materials on the Site (the “Content,” as defined in this paragraph), and of all related intellectual property rights therein, including, but not limited to, all copyrights, moral rights, trademark and patent rights (the “IP”), except as to those rights which have been granted by IP holders. Our Content includes, but is not limited to, all features, functions, services, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, logos, text, music, sound effects, audio and/or audio-visual elements, videos, domain names, downloadable materials, look-and-feel, design, layout, organization, presentation, user interface, navigation, stylistic convention and other distinctive brand features of the Site.
All trademarks, trade names, copyrights, logos and service-marks (collectively, the “Marks”) related to our IP are our exclusive property. Unauthorized use of any of the Marks or of any word, term, name or symbol that is likely to cause confusion or mistake with respect to the user's connection or association with us, or our approval or sponsorship of the user’s products or services, or that is likely to dilute any of our Marks is strictly prohibited by law. All third party IP that appears in or on the Site is the property of their respective owners.
You do not acquire any ownership interest in any IP or the Marks by Your Use of the Site, including any IP and/or Marks we have received authorization to use. You may not use, reproduce, copy, modify, edit, distribute, transmit, adapt, reformat, create works from, display, perform, publish, license, sell or otherwise exploit, through any means or media, any of our IP or Marks or any of the Site’s Content or Services.
6. Your Permission To Use Our Site.
On condition of your acceptance of these Terms, we grant you a non-exclusive, limited, non-transferrable, non-sub-licensable, freely revocable license to use the Site, its Content and Services for your personal, non-commercial use. We reserve all rights not expressly granted herein. We also reserve the right to terminate your license to use the Site at any time, for any or no reason and, at our discretion, to charge to access and view certain parts of our Site.
7. Submission of Your Own Materials, Ideas, and Suggestions.
We appreciate the enthusiasm, support and ideas of our users and encourage user created content on our Site.
For all materials, text, graphics, sound files or recordings, videos, new creative work, webisodes, or other information you post, upload or otherwise make publicly available on the Site (including feedback, ratings, comments, ideas and suggestions) (collectively “Submissions”), you hereby grant to Mickiphit and our respective designees a worldwide, non-exclusive, sublicensable, transferable, assignable, royalty-free, perpetual, irrevocable right to use, copy, reproduce, edit, transmit, translate, distribute, adapt, reformat, create derivative works from, publicly perform, publicly display and license, digitally perform, make, have made, sell, offer for sale or any other commercial purpose, your Submissions in any and all media and means of communication, now known or hereafter developed, and to use your name in connection therewith. We have no obligation of confidentiality, express or implied, with respect to your Submissions.
You retain ownership of the intellectual property contained in your Submissions. You represent and warrant, however, that you own all intellectual property rights, any necessary licenses, rights, consents, and permissions to the Submissions, that you are authorized to publish the Submissions, and that you are authorized to permit (and do permit) us to publish the Submissions and exploit all intellectual property rights in and to your Submissions. You also waive to the full extent permitted by law any and all claims against us related to moral rights in the Submissions.
No compensation or reimbursement of any kind will be paid with respect to our use of your Submissions. Moreover, in no circumstances will we be liable to you for the use of any of your Submissions.
You also agree we are not and cannot be responsible for maintaining any Submissions, we cannot control what other users do with your Submissions, and we may delete or destroy any Submissions at any time at our sole and absolute discretion. We do not routinely utilize the right to monitor Submissions and do so only in cases needed to enforce these Terms and our Privacy Policy.
If you post a Submission and want us to remove it from the Site, please contact us at [email protected]. We will take reasonable efforts to remove the Submission upon receiving a sufficient request, but we cannot ensure complete or comprehensive removal of the entire Submission.
Information and content submitted by users for publication does not reflect the views of Pilates Anytime. The fact that we permit Submissions on our Site does not warrant the validity, reliability, accuracy, timeliness, or legality of that Content.
IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED IN THIS SECTION, PLEASE DO NOT SHARE, SUBMIT OR POST ANY SUBMISSION ON OR THROUGH THE SITE.
8. Responsible Use of Our Site.
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. Further, you agree that Your Use of the Site is solely for private and personal purposes. You further warrant and represent that you will not engage in any of the following activities, some of which may also expose you to civil and/or criminal liability.
Submissions, Communications and Posts
You agree not to post any sweepstakes, contests, or lotteries, or any Submissions otherwise related to gambling;
You agree not to post any Submissions that falsely express or imply endorsement by us;
You agree not to post any Submissions of a commercial nature (including advertising, promotional materials, spam, junk mail, pyramid schemes, or any other form of unauthorized solicitation), including but not limited to: (i) offering to third parties a service of your own; (ii) reselling, or offering to rent or lease the Site; and/or (iii) offering the Site to the public via communication or integrate it within a service of your own, without our prior written consent;
You agree not to post Submissions that: (i) are unlawful, violent, inflammatory, intimidating, harmful, harassing, stalking, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, discriminatory, or otherwise infringes on our or any third party’s intellectual property or other rights, including privacy rights; (ii) are derogatory or harmful to our reputation; (iii) are harmful to children in any manner; (iv) discriminate against any individual; (v) personally identify any other person without obtaining such person’s express advance written consent to the disclosure of his or her personal information; and/or (vi) encourage criminal behavior or conduct that would constitute a criminal offense under any law, or could give rise to civil liability or other lawsuit;
You agree not to use an inappropriate username or screen name;
No False Information
You agree not to submit or use false or misleading information, impersonate any person or entity, or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Site or any person or entity otherwise affiliated with us.
You agree not to mislead, defraud or trick us or any user for any purpose, including to learn sensitive information about any user or his/her/its account(s), including usernames, passwords and/or other information, including personally identifiable information;
Unauthorized Access and Use of the Site
You agree not to exceed your authorized access to any portion of the Site;
You agree not to use the Site or and/or Services in any manner that could interrupt, restrict, inhibit, damage, disable, overburden or impair the Site or interfere with any other user’s use and enjoyment of the Site, including, but not limited to, sending chain letters, pyramid schemes, spam, mass unsolicited messages, or “flooding” servers;
You agree not attempt to (or encourage or support anyone else’s attempt to) hack, circumvent, reverse-engineer, decrypt, attack, copy, modify, adapt, disassemble, decompile, translate or alter the Site (or any database or server connected to the Site) or any portion thereof, or obtain or attempt to gain unauthorized access to our Site, our computer systems, source code or structure, sequence, or organization of our Site;
You agree not to interfere or attempt to interfere with the proper working of or activities conducted on the Site, or bypass any measures we may use to prevent or restrict access to the Site;
You agree not to use the Site to violate the security of any computer network or transfer or store illegal material;
You agree not transmit, disseminate, post or use any spam, malware, viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms, or other objectionable materials, or any other malicious or invasive code, files or program or upload or transmit (or attempt to do so) any material that acts as a passive or active information collection or transmission mechanism, including but not limited to, clear graphics interchange formats, pixels, web bugs, cookies and/or similar devices;
Other than as the result of standard search engine or Internet browser usage, you agree not to use or launch, develop or distribute any automated system, including, but not limited to, any spider, robot, bot, cheat utility, scraper or off-line reader that accesses our Site, or use or launch any unauthorized script or other software;
You agree not to remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices contained in or on the Site or any of its Content or any of our code embedded in or embeddable on our Site or on a third party website;
You agree not to use the Site in violation of the intellectual property (including but not limited to copyright and trademark), contractual, personal, or other proprietary or legal rights or our rights or those of any third party;
You agree not to obscure or cover any notice, banner, advertisement or other branding on our website;
Rights of Others
You agree not to engage in spamming, flooding, harvesting of email addresses or other personal information, spidering, “screen scrapping,” “database scraping,” or any other activity whose purpose is to obtain lists of users, their personally identifiable information or any other information we maintain about Site visitors;
You agree not to collect, use, seek to use or store personal data about anyone or personally identifiable information of any user or any individual associated with us in any manner, not approved in writing in advance by that individual; and
You agree not to violate any of these Terms, our Privacy Policy or any local, state, provincial, federal, national or international law, rule or regulation or any rules of conduct posted with respect to any individual feature of our Site or that of any third party to whose site we link.
The foregoing examples of unlawful activity are made solely for illustrative purposes and do not constitute an exhaustive list of restricted or prohibited activities.
We may delete any Submissions and/or terminate your access to the Site, our Content and/or our Services if you or your Submissions violate these Terms or our Privacy Policy or you engage in a commission or omission that may be harmful to our Site, our Users or us.
The provisions of this clause are made in addition to any rights afforded to us by any law.
9. Account Services.
a. You Are Responsible For Your Account Maintenance and Confidentiality. You may access some portions of the Site without registering. However, there is Content on this Site which is available only if you create an account. When any of the Services on the Site require you to open an account (“Account”) or otherwise provide user or registration information, including username and password (“User Information”), you must complete the registration process by providing us with complete, truthful and accurate information. When you create an Account, you alone are responsible for maintaining the strict confidentiality of any username and password relied upon to gain access to your Account, and for the use by you and any other person or entity that accesses our Site by use of your User Information, whether or not that access was authorized by you. You must notify us immediately of any suspected or actual unauthorized use of your Account or your User Information, and of any and all other security breaches. You grant to us and to all other persons and entities involved in the maintenance and operation of the Site the right to use, store, monitor, retrieve and transmit your User Information in connection with maintaining and operating the Site.
b. Normal Carrier Rates Apply. If you use the Site over any cellular/mobile devices, you hereby acknowledge that your carrier’s normal rates and fees, such as excess broadband fees, will apply.
c. Cancelling Your Account/Account Termination.
All memberships auto-renew monthly or yearly. You have the right to cancel your Account at any time via your profile on the homepage of the website..
We reserve the right to modify, suspend, and terminate any Account and/or to refuse to provide our Services to you or allow access to our Site, in our sole discretion, without prior notice, at any time and for any or no reason and without any liability to you, including but not limited to any of the following reasons: (a) breach or violation of these Terms; (b) upon request by law enforcement; (c) due to unforeseeable technical or security issues or problems; (d) for extended periods of inactivity; or (e) for fraudulent, deceptive, or illegal activity, or other activity which we believe is harmful to our Site and/or business interests.
Upon termination of your access to or ability to use our Site, including but not limited to suspension of your Account, your right to use or access any Service and/or any Content will immediately cease. You agree that termination, limitation of access and/or suspension shall be made in our sole discretion and that we shall not be liable to you or any third party for the termination, limitation of access, and/or suspension of your Account.
On termination of your Account or upon your deletion of any particular Service or Content, you acknowledge and agree that: (a) caching of, copies of, or references to the Content may not be immediately removed; and (b) such removed Content may persist in backups (not available to others) for reasonable periods of time. You agree to release and indemnify us from all claims related to the retention of deleted Content.
d. No Sharing Account Information. You agree that you will not share your username and password with others. Excessive usage of the Site will be assumed by MickiPhit to be fraudulent use and your account will be immediately cancelled without a refund.
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10. Fees for Features
Some of the Content on Our Site requires you to pay a fee, the details of which are available in various areas of the Site. You agree to pay all fees and applicable taxes incurred by you or anyone using your Account or your User Information.
We may revise the pricing for products, services or features offered through the Site at any time. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. If there is a dispute regarding payment of fees to, or products or Services provided by, us, your Account may be closed and your User Information may be disabled without warning or notice at our sole discretion.
YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR FEE-BASED PRODUCTS, SERVICES OR FEATURES ARE REFUNDABLE IN WHOLE OR IN PART AT THE SOLE DISCRETION OF MICKIPHIT.
We may, from time to time, modify, amend, or supplement our fees and fee-billing methods, and such changes shall be effective immediately upon posting in these Terms or elsewhere on the Site.
11. Apps and Third Party Services
When you use our Apps, such as the Mickiphit Fitness App, you may grant certain permissions to use your device. Most mobile devices provide you with information about these permissions. For most iOS devices: Open the iOS Settings screen; and select the app to see the features the app has permission to use. For most Windows devices, on the Start screen, tap or click Store to open the Windows Store, search or browse for an app, and then tap or click it; and scroll to the Details section of the app's description page to see the features the app has permission to use.
When you use our Site, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
12. Third Party Websites
The Site contains links to websites of third parties and advertisements of third party products and services. If you use these links, you will leave our Site. These third parties and their websites are not under our control. We do not examine or evaluate these websites and we are not responsible for their content or operation. By providing links to these websites, we do not approve, warrant or endorse, or otherwise make any representation about them or their owners or operators, and do not assume any related responsibility or liability. You should exercise your own judgment in evaluating and using these websites. When you link to these websites, you become subject to their terms and conditions of use and privacy policies and should review them carefully before entering any such websites. We do not endorse these websites and our Terms and Privacy Policy do not apply to them.
You expressly release us from any and all liability arising from your use of any third party website, service or content. Your dealings with or participation in promotions of advertisers found on those third party websites, including payment or delivery of goods, and any other terms, including, but not limited to warranties, are solely between you and those advertisers. You specifically agree that we are not responsible for any loss or damage of any sort resulting or arising from your dealings with those third party websites and/or their advertisers.
13. Disclaimers/No Warranties
We administer, control and operate the Site from our offices in the County DeKalb, Georgia, USA. The Site is accessible world-wide. However, some of its features or functions may not be available or appropriate for use outside of the USA and/or may not be available to all persons or in all geographic locations. We make no representation that the Site or our Content and Services are appropriate or authorized for use in all countries, states, provinces, counties, localities or any other jurisdictions.
We do not represent that our Site is governed by or operated in accordance with the laws of other nations. Your Use of the Site may not be legal in your jurisdiction. Therefore, Your Use of the Site is on your own initiative and at your own risk, and you are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable. We reserve the right to limit, in our sole discretion, the provision of any feature or function of the Site to any person and/or geographic area. Any offer for any feature or function made on the Site is void where prohibited.
The Site provides information of a general nature only. You are responsible for determining whether it applies to your specific situation. We specifically disclaim any liability concerning any action that any individual may take based on any information or guidance provided at the Site.
AS A USER, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ALL USE OF THE SITE.
14. Limitation of Liability
ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING ANY BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ARISING UNDER ANY OTHER LEGAL OR EQUITABLE THEORY WILL MICKIPHIT BE LIABLE FOR ANY DIRECT, INDIRECT, STATUTORY, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE (INCLUDING, WITHOUT LIMITATION, USE OF OR RELIANCE ON INFORMATION AVAILABLE ON OR IN THE SITE OR OTHERWISE RELIED ON OR USED BY US IN DELIVERING THE SITE, AND/OR ANY INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, AND/OR ANY OTHER FAILURE OF PERFORMANCE), OR FOR ANY CONTENT, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED OR ACCESSED THROUGH THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY AGREEING TO AND ACCEPTING THESE TERMS, YOU HEREBY IRREVOCABLY RELEASE MICKIPHIT (AS DEFINED ABOVE) FROM LIABILITY OF ANY KIND, AND FOR ANY CONSEQUENCE(S) ARISING FROM THE USE OF THE SITE. THIS INVOLVES ANY AND ALL LOSSES, INCLUDING BUT NOT LIMITED TO, MEDICAL EXPENSES, PROPERTY DAMAGE, LOSS OF PROFIT, DAMAGE TO REPUTATION, FEES, ACTUAL ATTORNEYS’ FEES AND COSTS, EXPENSES OR ANY DAMAGE, WHETHER DIRECT OR INDIRECT, WHETHER FINANCIAL OR NON-FINANCIAL.
IN NO EVENT SHALL PILATES ANYTIME BE LIABLE FOR ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY MICKIPHIT ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE (INCLUDING ANY USER SUBMISSIONS). IN NO EVENT SHALL THE TOTAL LIABILITY OF MICKIPHIT TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE (i) THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SITE OR FOR ANY OF YOUR ACTIVITIES IN CONNECTION WITH THE SITE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING YOUR CLAIM, OR (ii) THE SUM OF ONE HUNDRED U.S. DOLLARS ($100.00 USD), WHICHEVER IS GREATER.
YOU USE THE SITE AT YOUR SOLE RISK. THE SITE, INCLUDING ALL CONTENT, SOFTWARE, WEBSITE, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES WITH RESPECT TO ANY UPTIME OR UNINTERRUPTED ACCESS, THE AVAILABILITY, ACCURACY OR USEFULNESS OF ANY OR ALL SITE CONTENT, OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FEATURES, QUALITY, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY. WE DO NOT WARRANT THE SITE OR ITS CONTENTS AND/OR SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS OR DEFECTS. YOU USE THE SITE AT YOUR OWN RISK. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE, FOR ANY DAMAGES TO OR VIRUS(ES) THAT MAY INFECT YOUR COMPUTER EQUIPMENT, CELLULAR/MOBILE PHONE OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, BROWSING, OR USE OF THE SITE. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT SAFEGUARD PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS, REGULAR SYSTEM UPGRADES AND OTHER SECURITY CHECKS AND MEASURES) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MICKIPHIT MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.
Some states or jurisdictions do not allow the exclusion or limitation of consequential or incidental damages and, in such states or jurisdictions, our liability shall be limited to the fullest extent permitted by law.
TO THE EXTENT ALLOWED BY LAW, WE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF THE FOLLOWING:
DELAYING, REJECTING, OR REMOVING ANY OR ALL CONTENT AT ANY TIME FOR ANY OR NO REASON WHATSOEVER WITH OR WITHOUT NOTICE TO YOU;
MODIFYING OR DISCONTINUING TEMPORARILY OR PERMANENTLY, THE SITE (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE TO YOU FOR ANY OR NO REASON WHATSOEVER;
IMMEDIATELY TERMINATING YOUR ACCESS TO THE SITE FOR ANY OR NO REASON WHATSOEVER AND WITH OR WITHOUT NOTICE TO YOU
THE ACCURACY, USEFULNESS, OR AVAILABILITY OF ANY INFORMATION POSTED TO OR THROUGH THE SITE; OR
ANY LOSS OR DAMAGE OF ANY SORT INCURRED BY YOU AS A RESULT OF INTERACTIONS YOU HAVE WITH THIRD-PARTIES FOUND ON OR THROUGH THE SITE.
IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFIT, LOSS OF GOODWILL, INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER FINANCIAL LOSS) IN ASSOCIATION WITH ANY CLAIM, OR ANY LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING RELATING TO OR ARISING UNDER OR OUT OF THESE TERMS, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE OR OTHER GROUNDS. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.
15. Procedure For Making Claims of Copyright Infringement.
We respect the intellectual property rights of others and require our users to do the same. In compliance with the Digital Millennium Copyright Act (“DMCA”), we have adopted a policy to enable, at our sole discretion, the expeditious removal of infringing material and the termination of repeat infringers’ accounts.
If you have a good faith belief that your copyright is being infringed by any Content accessible on or through the Site, please send a notice of claimed infringement, including the information listed below, to our Designated
To be effective, the notice of claimed infringement must include the following required contents:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (providing specific URLs is the best way to help us locate the Content quickly);
Information reasonably sufficient to permit us to contact the complaining party, such as the address, telephone, and/or an email address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that information provided in this legal notice may be forwarded to the person who provided the allegedly infringing Content.
16. Indemnity.
You agree to defend, indemnify and hold harmless MickiPhit, as defined above, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to actual attorney’s fees and costs) arising from: (i) Your Use of and access to the Site, including any data or Content transmitted, submitted, viewed, or received by you; (ii) your violation of any provision of these Terms and/or our Privacy Policy, including your breach of any of the representations and/or warranties contained in these Terms; (iii) your violation of any third party right, including any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your Content or any that is submitted via your Account; and/or (vi) any other party’s access and use of the Site and any of the Site’s Services and/or Content with your unique username, password or other appropriate security code.
You hereby agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
17. Released Parties.
To the fullest extent permitted by law, you release MickiPhit, as defined above, from any and all responsibility, liability, claims, demands, and/or damages (direct, indirect, incidental, punitive, statutory, exemplary, special or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the following: (i) disputes between users, including those between you and other users; (ii) third party sites and services, including Content found on such sites and services; (iii) disputes concerning any use of or action taken using your Account by you or a third party; (iv) claims relating to the unauthorized access to any data communications or Content stored under or relating to your Account, including unauthorized use or alteration of such communications or your Content.
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
You also waive any and all benefits and rights that would otherwise accrue to you by reason of the provisions of any federal or state statute or principle of common law of any state of the United States, or any political entity or nation, province or local law or regulation that may govern this release, which statute, regulation, law or principle provides in substance. You agree not to file any action or lawsuit inconsistent with the foregoing release.
18. DISPUTES AND DISPUTE RESOLUTION
All claims and disputes arising under or relating to this Agreement are to be settled by arbitration in the State of Georgia, County Dekalb before one Retired Judge, selected by both MickiPhit and you.BINDING ARBITRATION AGREEMENT AND CLASS WAIVER DISCLOSURE
Agreement to Arbitration; Class Waiver: You and we agree, except as provided below regarding small claims court proceedings, any dispute, claim or controversy arising out of or relating in any way to the Site, Services and Content, including, but not limited to, the Site, the Content, products, Services and user interfaces, our Privacy Policy and/or our privacy practices generally, these Terms, and this Arbitration Agreement, shall be determined by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. YOU AGREE THAT, BY AGREEING TO THESE TERMS, THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS AGREEMENT, AND THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This arbitration provision shall survive termination of these Terms.
to your compliance with these Terms and Our Privacy Policy) constitutes the sole and sufficient consideration that you are entitled to receive for any Submissions or other contributions you have made to us and our products and Services.
r. Agreement in English. It is the express wish of the parties that this agreement and any and all related documents be stated in English. To the extent any agreement or other document is prepared in a language other than English, and there results in a conflict between the English version and the version in the other language, the English version shall govern.
s. Questions. If you have any questions about these Terms or the Site, please contact us at [email protected] . We will make our best efforts to address your inquiry promptly.
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