These terms and conditions (hereinafter, the “Agreement”) set forth the general terms and conditions of your use of the POWERPILATES.COM.AR website (hereinafter, the “Website” or the “Service”) and any of its related products and services (collectively, the “Services”). This Agreement constitutes a legally binding contract between you (hereinafter, the “User,” “you,” or “your”) and POWER PILATES LLC (hereinafter, “POWER PILATES LLC,” “we,” “us,” or “our”). If you are accepting this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to this Agreement. In such case, the terms “User,” “you,” or “your” shall refer to such entity. If you do not have such authority or do not agree with the terms of this Agreement, you must not accept this Agreement or access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You also acknowledge that this Agreement constitutes a contract between you and POWER PILATES LLC, even though it is electronic and not physically signed, and it governs your use of the Website and Services.
Accounts and Membership
If you create an account on the Website, you are responsible for maintaining the security of your account and are fully responsible for all activities that occur under the account, as well as any other actions taken in connection with it. We reserve the right, but are not obligated, to monitor and review new accounts before you may sign in and begin using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or if your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the aforementioned reasons, you may not re-register for our Services. Additionally, we may block your email address and Internet Protocol (IP) address to prevent further registrations.
User Content
We do not own any data, information, or material (collectively, the “Content”) that you submit to the Website while using the Service. You are solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or the right to use all Content submitted. We reserve the right to monitor and review Content submitted or created by you on the Website through the use of our Services. You grant us permission to access, copy, distribute, store, transmit, reformat, display, and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of these representations or warranties, we have the right, though not the obligation, to refuse or remove any Content that, in our sole discretion and reasonable opinion, violates our policies or is in any way harmful or objectionable. Additionally, you grant us a license to use, reproduce, adapt, modify, publish, or distribute the Content created by you or stored in your user account for commercial, marketing, or any similar purpose.
Billing and Payments
You are required to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required once the free trial period ends and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If auto-renewal is enabled for the Services you have subscribed to, you will be charged automatically in accordance with the term you selected. If, in our judgment, your purchase constitutes a high-risk transaction, we may require you to provide us with a copy of a government-issued photo ID and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. Additionally, we reserve the right to refuse any order placed by you. At our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address or phone number provided at the time the order was made.
Accuracy of Information
Occasionally, there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information on the Website, including but not limited to pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.
Uptime Guarantee
We offer a Service uptime guarantee of 99% of available time per month. This uptime guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you or your activities; (3) interruptions that do not affect the core functionality of the Service; (4) causes beyond our control or that are not reasonably foreseeable; and (5) interruptions related to the reliability of certain programming environments.
Backups
We perform regular backups of the Website and its Content and strive to ensure their integrity and accuracy. In the event of hardware failure or data loss, we will restore backups automatically to minimize impact and downtime.
Links to Other Resources
Although the Website and Services may contain links to other resources (such as websites, mobile applications, etc.), we do not, directly or indirectly, imply any approval, association, sponsorship, endorsement, or affiliation with any linked resources unless specifically stated herein. Some of the links on the Website may be “affiliate links.” This means that if you click on the link and purchase an item, POWER PILATES LLC will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any third parties. You should carefully review the legal statements and other conditions of use of any resource you access through a link on the Website. Your access to any external linked resources is at your own risk.
Prohibited Uses
In addition to the terms set forth in this Agreement, you are prohibited from using the Website, Services, or Content to: (a) engage in any unlawful purpose; (b) solicit others to perform or participate in any unlawful acts; (c) violate any local, provincial, state, federal, or international regulations, rules, laws, or ordinances; (d) infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) submit false or misleading information; (g) upload or transmit viruses or any other type of malicious code that will or may affect the functionality or operation of the Website, Services, third-party products and services, or the Internet; (h) engage in spam, phishing, pharming, pretexting, spidering, crawling, or scraping; (i) any obscene or immoral purpose; or (j) interfere with or circumvent the security features of the Website, Services, third-party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.
Intellectual Property Rights
“Intellectual Property Rights” means all present and future rights conferred by statute, common law, or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill, and the right to bring legal action for passing off, rights to inventions, rights to use, and all other intellectual property rights, whether registered or unregistered, including all applications and rights to apply for and be granted such rights, the right to claim priority from them, and all similar or equivalent rights or forms of protection, as well as any other results of intellectual activity that exist or may exist in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by POWER PILATES LLC or third parties. All rights, titles, and interests in and to such property will remain (as between the parties) solely with POWER PILATES LLC. All trademarks, service marks, graphics, and logos used in connection with the Website and Services are trademarks or registered trademarks of POWER PILATES LLC or its licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services does not grant you any right or license to reproduce or otherwise use any of POWER PILATES LLC’s or third-party trademarks.
Disclaimer of Warranty
You agree that the Service is provided on an “as is” and “as available” basis and that your use of the Website and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that the Services will meet your requirements, that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service, the accuracy or reliability of any information obtained through the Service, or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk, and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service, shall create any warranty not expressly stated herein.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall POWER PILATES LLC, its affiliates, directors, officers, employees, agents, suppliers, or licensors be liable to any person for any indirect, incidental, special, punitive, compensatory, or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, business impact, business interruption, loss of anticipated savings, or loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence, or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of POWER PILATES LLC and its affiliates, officers, employees, agents, suppliers, and licensors relating to the Services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to POWER PILATES LLC for the prior one-month period prior to the first event or occurrence giving rise to such liability. These limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
Disclaimer of Liability
The user acknowledges and accepts that performing the exercises offered by Power Pilates is done at their own risk. It is their responsibility to ensure their health condition is suitable for physical activity and to correctly follow the provided instructions. Power Pilates will not be liable for injuries, ailments, or damages resulting from the execution of the exercises, including those caused by improper performance or pre-existing physical conditions. It is recommended to consult a physician before starting any exercise program.
Indemnification
You agree to indemnify and hold harmless POWER PILATES LLC and its affiliates, directors, officers, employees, agents, suppliers, and licensors from and against any liabilities, losses, damages, or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of, or relating to, your Content, your use of the Website and Services, or any willful misconduct on your part.
Severability
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid, or unenforceable. If any provision or portion of any provision of this Agreement is held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Dispute Resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Delaware, United States, without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Delaware, United States, and you hereby submit to the personal jurisdiction of such courts. You expressly waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Assignment
You may not assign, resell, sublicense, or otherwise transfer or delegate any of your rights or obligations under this Agreement, in whole or in part, without our prior written consent. Such consent will be granted at our sole discretion and without obligation; any assignment or transfer made without such consent will be null and void. We are free to assign any of our rights or obligations under this Agreement, in whole or in part, to any third party as part of the sale of all or substantially all of our assets or stock, or as part of a merger.
Changes and Modifications
We reserve the right to modify this Agreement or its terms related to the Website and Services at any time at our sole discretion. When we make changes, we will update the revision date at the bottom of this page and send you an email to notify you. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided. An updated version of this Agreement will become effective immediately upon posting unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Agreement (or any other act specified at that time) will constitute your acceptance of those changes.
Acceptance of These Terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website or Services.
Acceptance of These Terms
If you have any questions, concerns, or complaints regarding this Agreement, we invite you to contact us using the following contact information:
This document was last updated on November 13, 2024.
