terms and conditions

Last updated on March 23 2021 

This website, pilatesbystav.com (“Site”) is owned and operated by Pilates By Stav operating under the  laws of Ontario Canada. In these Terms, “we”, “us” and “our” refer to Pilates By Stav and the terms “you”  or “your” refer to any individual user of our Site.  

NOTICE: It is your responsibility to carefully read these Terms of Use (“Terms”) prior to using our Site or  purchasing or accessing any of our services, products, or workshops (collectively, “Services”). These  Terms govern and define your use of the Site and Services and are legally binding on you.  

USE OF OUR SITE AND SERVICES 

When you accessed our Site, you were given reasonable notice that these Terms existed. By accessing  and continuing to use our Site or by clicking to accept or agree to these Terms when the option is  made available to you, you agree to be legally bound and abide by these Terms and our Privacy Policy  whether or not you have read them. If you do not agree with these Terms or our Privacy Policy, you  must not use or access our Site or Services. 

You must be at least 16 years old in order to use our Site or the necessary age in your country of  residence otherwise this is a violation of use. We reserve the right to terminate your access if it is  discovered you are a minor.  

While we aim to keep this Site as up-to-date as possible, we cannot guarantee that all content on our  Site is entirely accurate, complete, or up to date. We reserve the right at any time to modify or  discontinue, in whole or in part, any Services offered or change the prices of Services without notice. We  are not liable to you or any third-party for any modification, price change, suspension or discontinuation  of any Services.  

If you wish to have any of your personal information and/or access to our Site removed, you may email  us at info@pilatesystav.com and we will make reasonable efforts to do so. More information about how we collect, process and store your personal information can be found in our Privacy Policy. 

FEES AND REFUNDS  

Fees 

Fees are as listed on our Site and in CND dollars. We reserve the right to change our Fees at any time and without notice.  

Refunds 

We do not provide refunds. 

INTELLECTUAL PROPERTY AND OWNERSHIP OF RIGHTS 

Intellectual Property Rights

All content, resources, materials, images, text, designs, graphics, page layouts, icons, videos, logos, taglines, trademarks (whether common law or registered), copyright, and service marks (“Intellectual  Property”) are owned by us, unless attributed otherwise. All content on the Site is proprietary to us and  you may not modify, whether in whole or in part, and of our Intellectual Property as this is a violation of  federal law. 

You are strictly prohibited, and may NOT under any circumstance, use our Intellectual Property in any  way including re-posting or republishing any of our Intellectual Property to any third-party website or  social media platform for any purpose whatsoever.  

Violations and Indemnity 

We take violations and infringement of our Intellectual Property rights seriously. We expressly reserve  the right to take whatever legal steps necessary to protect and defend our Intellectual Property, and  violators will be prosecuted to the fullest extent permissible by law. You agree to indemnify, defend and  hold us harmless for any and all damages, costs and expenses, including legal fees, arising from your  misuse of our Intellectual Property and our enforcement of our rights.  

MEDIA RELEASE 

By using our Site, you grant us a commercial license to use any image(s), including any containing your  likeness, that you submit to us whether voluntarily or by default, such as your profile picture on any  social media platforms, for our future business use.  

SECURITY  

Security 

If at any time you are required to create a username and password to access any Services, it is your  responsibility to protect your username and password from theft or any other means of unauthorized  use that would violate these Terms. If you become aware that your password has been compromised or  your account has been breached, it is your responsibility to notify us immediately by sending an email to info@pilatesbystav.com. 

Use of Third-Party Applications 

In order to run our Site and provide our Services, we use a number of third-party applications, such as  for processing payment, delivering electronic newsletters, booking systems. For more information as to  how your personal information is collected, stored and processed, please refer to our Privacy Policy. You  understand it is your responsibility to review the terms of use for any such third-party applications. If you  do not agree with the terms of use for any third-party application used by our Site, please discontinue  use of our Site and Services immediately.  

Confidentiality  

You acknowledge that we have no duty of confidentiality to you, unless otherwise explicitly stated, such  as in a subsequent client agreement, or as may be mandated by law or fiduciary duty. 

Your Communication with Us 

By submitting a comment, photo, video or other materials to our Site or any other platform owned or  maintained by us, you grant us a non-revocable, commercial license to re-publish your submission, in  whole or in part, unless you expressly state that we may not do so. You acknowledge that we have no  duty of privacy or confidentiality to you by accessing our Site. 

Any communications made through our contact form, social media pages or other related pages, or  directly to our phone(s), mailing or email addresses is not held privileged or confidential and may be  subject to viewing and/or distribution by third-parties. We own any and all communications displayed on  our website, servers, comments, emails, or other media as permitted under law and will not give credit  or pay royalties for unsolicited user-generated content such as blog comments or emails. For more  information on when and how we store and use your communications or any information provided by  you in those communications, please refer to our Privacy Policy.  

We maintain the right to republish any communication or submission, in whole or in part, as reasonably  necessary in the course of our business. You agree not to submit any content or communications that  contain sensitive information or that could be illegal or serve an unlawful purpose, including, but not  limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent,  or otherwise harmful or inappropriate. We reserve the right, in our sole discretion, to block your access  to our Site and Services as a result of any such behaviour that we deem inappropriate.  

Prohibited Behaviour 

By using our Site, you agree not to misuse or tamper with our Site, including but not limited to hacking,  introducing viruses, trojans, worms, logic bombs or other technologically harmful material that would  harm the functionality of, or jeopardize the security of our Site. We will immediately report any such  breach or what we deem in our discretion to be harmful activities to the relevant law enforcement  authorities. You agree to indemnify, defend and hold us harmless from any and all third-party claims,  liability, damages and/or costs arising from your use and misuse of our Site and/or your breach of these  Terms.  

ASSUMPTION OF RISK AND DISCLAIMERS  

Assumption of Risk 

Use of this Site is at your own risk. While we host our site on a reputable platform and take commercially  reasonable efforts to maintain and host the Site, we make no representations, warranties or guarantees  as to your individual safety when using our Site. You further assume all risk associated with your access  to and use of any information or materials provided to you on the Site, Services or any other pages,  platforms or profiles maintained by us and any subsequent actions you choose to take, or not to take, as  a result of the information, influence or educational materials provided or made available to you. 

Warranties Disclaimer 

We make no warranties as to our Site, the Services or any related materials. You agree that our Site, and  Services are provided “as is” and without warranty of any kind either express or implied. To the fullest  extent permissible pursuant by applicable law, we expressly disclaim all warranties, including, but not  limited to, warranties of merchantability, fitness for a particular purpose and non-infringement.  

No Guarantees 

While we may reference certain results, outcomes or situations on this Site or Services, you understand  and acknowledge that we make no guarantee as to the accuracy of any third-party statements or the  likelihood of success for you as a result of any statements or testimonials contained on our Site or as part  of the Services. 

General Disclaimer 

To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by you or others in connection with the use of our Site or the Services, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage,  death, lost profits, personal or business interruptions, misapplication of information, physical, mental,  emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or  contracts, anticipated savings, loss of data, loss of goodwill, and for any other loss or damage of any  kind, whether caused by negligence, breach of contract or otherwise, whether foreseeable or  unforeseeable.  

Third Party Disclaimer 

You acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any  other third-party participant or user, including you. 

Technology Disclaimer  

We make reasonable efforts to provide you with modern, reliable technology, software, and platforms  from which to access our Site and Services. In the event of a technological failure, you accept and  acknowledge that we are not in any way responsible or liable for said failure and any resulting damages  to you or your business. While we will make reasonable efforts to support you, some technological issues  are outside our control and you may need to access support from a third-party provider. We do not  warrant that the Site will be functional, uninterrupted, correct, complete, appropriate, or error-free, that  defects will be corrected, or that any part of the Site or Services are free of viruses or other harmful  components. We do not warrant or make any representations regarding the use or the results of the use  of our Site, Services or related materials, or on third-party websites in terms of their correctness,  accuracy, timeliness, reliability, or otherwise. 

Not Professional Advice 

We are not medical, or other regulated professionals, or if we are, your use of our Site does not mean  we are providing our professional services to you. You expressly acknowledge and agree that we are not  acting in any professional capacity, including medical, legal, financial, or otherwise during the course of  any Service. No part of our Site, the Service or any related content or materials are to be construed as  medical, legal or financial advice. We expressly disclaim any and all responsibility for any actions or  omissions you choose to make as a result of using this Site and/or Services.  

Third-Party Contributors 

We may provide content to you written by third-party contributors on our Site. While we make our best  effort to ensure all of our writers are qualified in their industry and reflect our values, we make no  guarantees of quality or accuracy. All written content on the Site are opinion pieces and must not be  interpreted as our opinion or as specific advice. We are not liable for any third-party contributors’  content or opinions. You must not rely on Site content or third-party contributors’ opinions and always  seek the appropriate professional advice. 

Online Store Disclaimer 

Certain products may be available exclusively online through the Site and in limited quantities. We have  made every effort to display as accurately as possible the colours and images of our products that  appear on the Site. We cannot guarantee that your computer monitor's display of any colour will be  accurate. We reserve the right, but are not obligated, to limit the sale of products to any person,  geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of  products and pricing of products are subject to change at any time without notice and we reserve the  right to discontinue any product at any time. We do not warrant that the quality of any products will  meet your expectations, or that any errors in the Service will be corrected.

INDEMNIFICATION, LIMITATION OF LIABILITY, AND RELEASE OF CLAIMS 

Release, Indemnity and Waiver 

Our Site and related materials are provided for educational and informational use only. You agree to  indemnify release and save harmless Pilates By Stav and its directors, officers agents, employees,  contractors, volunteers, heirs, executors, administrators, successors, and assigns, as applicable  (collectively, “Released Parties”) for any direct or indirect loss or conduct incurred as a result of your use  of our Site, Services or any related communications, including as a result of any consequences incurred  from technological failures such as a payment processor errors or technological malfunctions. You  further waive any right you may have against the Released Parties and any legal recourse for any  damages, costs, losses or expenses you may incur as a result of your use of the Site or Services. You  acknowledge this release of liability is binding on your heirs, executors and anyone else who may be able  to bring a legal action on your behalf in the future. 

Limitation of Liability 

We will not be held responsible or liable in any way for the information, products, or materials that you  request or receive through or in relation to our Site or the Services. We do not assume liability for any  third party conduct, accidents, delays, harm, or other detrimental or negative outcomes as a result of  your access of our Site and Services.  

Affiliates 

We may use affiliate links to sell certain products or services on our Site. In doing so, we disclaim any and  all liability as a result of your purchase through one of the links, including but not limited to, the delivery,  quality and safety of the purchased product or service. We will use reasonable efforts to notify you when  and where we have placed affiliate links in addition to this disclaimer located in these Terms. You accept  

express liability for any and all consequences or benefits of clicking the affiliate links contained on our  Site or related communications. You agree it is your obligation to read the terms and conditions for any  affiliate site, services or products.  

Termination of Your Use 

If at any time we believe that you have violated these Terms, we shall immediately terminate your use of  our Site, the Services and any related communications as we deem appropriate and in our sole  discretion. At any time, we may block or revoke your access of our Site and Services at any time without  notice, and if necessary, block your IP address from further visits to our Site.  

Full Agreement 

You acknowledge that these Terms of Use, together with our Privacy Policy constitute the full agreement  relating to your use of the Site and Services.  

Governing Law and Jurisdiction 

These Terms as well as our Privacy Policy are governed by and interpreted in accordance with the laws  of Ontario and the federal laws of Canada where applicable. Any disputes arising directly or indirectly  from this Agreement will be submitted and heard exclusively in the courts of Toronto, Ontario.

Severability 

If any of the provisions of these Terms are found to be invalid, illegal or unenforceable, the validity,  legality and enforceability of the remaining provisions will not, to the extent permitted by law, in any way  be affected and will remain enforceable. 

All Rights Reserved

We reserve the right to update and change these Terms at any time and it is your responsibility to review  these Terms periodically. You can review the most current version of our Terms at any time by visiting  this page. Your continued use of or access to the Site and/or Services affirms your acceptance of any  changes to our Terms. All rights not expressly set out and granted in these Terms and Conditions of Use  and/or our Privacy Policy are expressly reserved by us.  

Contact 

If you have any questions about these Terms and Conditions of Use, please send an email to:  info@pilatesbystav.com.