Terms and Conditions
New - Free 3 Day Trial Membership
Pasonspilates.com
Pason LLC
(V1.1 - Effective August 27th, 2008)
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE AND THE PRODUCTS AND SERVICES PROVIDED HEREUNDER CAREFULLY. By i) using this Site ii) purchasing any products or services from Pason LLC. ("Pason"), iii) or utilizing any of the products or services from Pason (or its affiliates, business partners, etc) through this Site, you are deemed to have agreed to these terms and conditions. We reserve the right to modify them at any time. You should check these terms and conditions periodically for changes. By using this Site after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. With regard to products and services purchased or utilized from Pason, the version of these terms and conditions that were posted at the time of purchase or utilization apply. If at any time you choose not to accept these terms and conditions of use, please do not use this site.
This site may only be used by adults, as such is defined by your applicable jurisdiction. As such, you represent that you are an adult and if not, agree to promptly discontinue interaction or other use of this Site.
- “Products/Services” herein shall mean the products and services offered by PasonsPilates.com and/or by Pason LLC. The “Site” or “Sites” refer to PasonsPilates.com and its affiliate sites. The Sites are accessible worldwide to anyone with Internet access. Access to and use of the Products/Services and the Sites are subject to the terms and conditions of this Agreement and Copyright Notice and all applicable laws and regulations, including laws and regulations governing copyright and trademark.
- The materials (collectively, the “Property”) used and displayed on the Products/Services and the Sites, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks and service marks, are the property of Pason LLC or its affiliates or licensors and are protected by copyright, trademark and other laws. Except as explicitly set forth herein, nothing contained on this Site should be construed as granting, by implication or otherwise, any license or right to use, other than individual, non-profit use, any Property without the prior written permission of Pason LLC or such third party that may own rights to such Property. Any unauthorized use of the Property may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Violators will be prosecuted.
Any such content may be displayed solely for your personal, individual, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of Pason LLC or the appropriate affiliate. Failure to include this notice on any digital or printed copy of the contents of the Sites and/or the Products/Services, or portions thereof; unauthorized registration of a claim of copyright on the content of the Sites and/or the Products/Services, or portions thereof; adding to or omitting from the content of the Sites and/or the Products/Services, or portions thereof, without clearly indicating that such has been done; or profiting from transmission or duplication of the content of the Sites and/or the Products/Services, or portions thereof, is a clear violation of the permission given in this notice, and is strictly prohibited. Violators will be prosecuted.
Pason LLC neither warrants nor represents that your use of materials displayed on this Site will not infringe rights of third parties not owned by or affiliated with Pason LLC.
- The Products/Services and the Sites contain information, facts and opinions from various individuals and organizations. THE Products/Services AND THE SITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER Pason LLC NOR ITS AFFILIATES ENDORSE OR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SERVICE OR THE SITES. The information, facts, and opinions provided are no substitute for professional advice. Always consult your primary care physician for any medical advice, diagnosis, or treatment and before undertaking a new diet or exercise plan. These Products/Services and the Sites are for informational purposes and should be used in conjunction with health care professionals.
- The Products/Services and the Sites include journal, question & answer session, chat rooms and other user and member created pages which allow you and other users and members to post information, provide feedback to Pason LLC and its affiliates, and interact in real-time. You agree not to post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, national or international law. You will be responsible for, and indemnify and hold harmless Pason LLC, its subsidiaries, divisions, affiliates, agents and representatives against, any claim arising from any material that you post or transmit, or your conduct. Although Pason LLC and its affiliates may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and other user and member generated pages on the Site, neither Pason LLC nor its affiliates is under any obligation to do so. You acknowledge that Pason LLC and its affiliates do not control the information available on the journal, chat rooms and other user and member generated pages and that any opinions, advice, statements, services, offers or other information or content presented or disseminated on any journal, chat room or on any other user or member generated pages are those of their respective authors who are solely liable for their content. Pason LLC and its affiliates reserve the right, in their sole discretion, to edit, refuse to post or remove any material submitted to or posted on the chat rooms, journal or on any other user or member generated pages.
- Your use of the Products/Services and the Sites is at your own risk. NEITHER Pason LLC, NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE Products/Services AND THE SITES AND THE INFORMATION AVAILABLE ON THE Products/Services AND THE SITES OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SERVICE AND THE SITES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST www.PasonsPilates.com, OR Pason LLC AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SERVICE AND THE SITES AND THE INFORMATION AVAILABLE THEREON.
PASON LLC DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME PASON LLC MAY REMOVE THE SITE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SITE AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD PASON LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SITE, OR ANY ACTION TAKEN BY PASON LLC AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM PASON LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SITE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF PASON LLC's CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
- Any communication or material you post or transmit to the Products/Services and/or the Sites is, and will be treated as, non-confidential and non-proprietary. You assume full responsibility for anything you post or transmit, and you grant Pason LLC and its affiliates the right to edit, copy, publish and distribute any information or content you post or transmit for any purpose. Pason LLC and its affiliates are free to use any ideas, concepts or know-how contained in such communications or materials for any purpose whatsoever including, but not limited to developing, manufacturing, distributing and marketing products using such information, without the obligation to notify, identify or compensate you or anyone else.
- Pason LLC and its affiliates do not review or monitor any web sites linked to the Sites and are not responsible for the content of any such linked web sites. Your use of such web sites is at your own risk. You acknowledge that the use of any advice, opinion, recommendation, statement or other information displayed, link to, or distributed through the Products/Services and the Sites is at your own risk. It is up to you to take precautions to ensure that such linked sites that you visit and the information you select on them are free of viruses, worms, vermin, trojan horses, and other items of a destructive nature. Visitors to any linked web sites are urged and expected to abide by the terms of use and privacy policies of that particular linked web sites.
Prior to purchasing any third party products or services described on the Sites or by Pason LLC, you are advised to verify pricing, product quality and other information necessary to make an informed purchase. Pason LLC, nor any of its subsidiaries, divisions, affiliates, agents, representatives or licensors shall have any liability arising from your purchases of third party products or services based upon the information provided on the Products/Services, the Sites and/or by Pason LLC.
- You should be aware that if you voluntarily disclose personal information (e.g., user name, email address) on a bulletin board, chat room or on any other user or member generated pages, that information can be collected and used by others and may result in unsolicited messages from other parties.
- PODCASTS AND/OR WEB STREAMING
Pason LLC's Live Streaming service (the "Live Web Cam Streaming") consists of news and information files (the "Live Web Cam Streaming") that may be downloaded to your computer and/or transferred to your portable music player. The Live Web Cam Streaming Service is available only for private, non-commercial use. Any other uses, including without limitation the incorporation of advertising into or the placement of advertising associated with or targeted towards the Live Web Cam Streaming Content, are strictly prohibited. You may not edit or modify or redistribute the Live Web Cam Streaming Content or links supplied by Pason LLC. Ownership: Pason LLC's Live Web Cam Streaming Service and the Live Web Cam Streaming Content are protected by U.S. and international copyright laws. Pason LLC owns all rights including copyright to the Live Web Cam Streaming Content, and to The Pason LLC logos and trademarks used in connection with the Live Web Cam Streaming Service. Right to Discontinue Live Web Cam Streaming Service: Pason LLC reserves the right to discontinue providing any or all of the Live Web Cam Streaming Service at any time and to require you to cease displaying, distributing or otherwise using any or all of the Live Web Cam Streaming Content for any reason including, without limitation, your violation of any provision of this Agreement. Pason LLC assumes no liability for any of your activities in connection with the Live Web Cam Streaming Content and/or the Live Web Cam Streaming Service or for your use of the Podcast Content and/or the Podcast Service in connection with your Web site, computer or music player.
- Advice:
The Sites and Pason LLC does not offer a substitute for legal, psychological, medical, financial care or advice. As such, the Sites and Pason LLC offers no legal, psychological, medical, financial care warranties or guarantees of any kind, except as explicitly set forth in this Agreement. The information provided on these pages is not meant to be a substitute for legal, psychological, medical, financial care or advice from your doctor, lawyer, accountants, and/or other professional service providers. Pason LLC is committed to bringing you the most up to date information, however, we make no guarantee that the information herein is the most recent on any particular subject. You are encouraged to consult with your professional service providers with any questions or concerns you may have regarding any legal, psychological, medical, financial issues that you may have before i) utilizing the Sites, ii) utilizing or purchasing any of the Products/Services offered, iii) starting any Pilates or exercise program or iv) making changes to your diet.
- Memberships
Pason LLC reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at its discretion.
Terms of membership subscription and billings will be as indicated by CCBill or any substitute merchant account service provider at the time you subscribe for such membership subscription. Cancellation or other service related issues should be addressed to CCBill by the means indicated by them.
No refunds for any reason will be made after subscription purchase.
- Purchase of Products:
No refunds for any reason will be made after purchase of products from Pason LLC. However, for a 30 day period after purchase, Pason LLC will provide a replacement of a Product that is defective, provided that sufficient proof of defectiveness, determined in the sole discretion of Pason LLC, is provided by you to Pason LLC. Email pason@pasonspilates.com regarding Product deficiency issues.
- General; Misc:
This Agreement and any disputes arising out of or related to the Products/Services and the Sites shall be governed by, construed and interpreted in accordance with the laws of Los Angeles, California. You attorn irrevocable and unconditionally to the jurisdiction of the courts of Los Angeles, CA in respect of any action or proceeding commenced in respect of this Agreement.
If any portion of this Agreement between Pason LLC and you is held to be invalid, the remainder of this agreement shall remain in full force and effect.
This Agreement between Pason LLC and you is binding on you and your heirs, executors, administrators and personal representatives.
|
|