Terms of Service and Conditions - Jessica Valant Pilates

Terms of Service and Conditions

By using our website, it is assumed you have read and agree to these terms and conditions. Please review them carefully. If you do not agree to these terms and conditions, you should not continue with your purchase and should not use our website or services.

REFUND POLICY
We have a no refund policy for most products due to the nature of our product and how it is delivered.

Agreement.
This Agreement (the “Agreement’”) specifies the Terms and Conditions for access to and use of the Jessica Valant Pilates, LLC and describes the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by Jessica Valant Pilates LLC, Jessica Valant Pilates and their agents upon posting of the modified agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time on our website. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
Intellectual Property Ownership.
(a) Our Content. All content included on this site is and shall continue to be the property of Jessica Valant Pilates LLC, Jessica Valant Pilates and their agents or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited without express permission by Jessica Valant Pilates LLC, Jessica Valant Pilates and their agents. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this site. Jessica Valant Pilates is the trademark or registered trademark of Jessica Valant Pilates LLC and Jessica Valant. Other product and company names mentioned on this Site may be trademarks of their respective owners.
(b) User Supplied Content. By accessing our forum, bulletin board, chat room, or any other user interactive area of our site, and placing any information in any of those areas, you hereby grant us a perpetual, irrevocable, royalty free license in and to such materials, including but not limited to the right to post, publish, transmit, distribute, create derivative works based upon, create translations of, modify, amend, enhance, change, display and publicly perform such materials in any form or media, whether now known or later discovered. You also grant to others who access the forum, bulletin board, chat room or any other user interactive area of our site a perpetual, non-revocable, royalty free license to view, download, store and reproduce your postings but such license is limited to the personal use and enjoyment of such other party.
(c) Personal Use. Jessica Valant Pilates LLC, Jessica Valant Pilates and their agents grant you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of Jessica Valant Pilates LLC, Jessica Valant Pilates and their agents. Jessica Valant Pilates LLC, Jessica Valant Pilates and their agents may terminate your use of this website at any time.
(d) Other Uses. All other use of Content from the Site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the Site (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, is strictly prohibited without Jessica Valant Pilates LLC, Jessica Valant Pilates and their agents’ prior express written consent.
Disclaimers.
(a) DISCLAIMER OF WARRANTIES. THE INFORMATION ON THIS SITE IS PROVIDED ON AN `”AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. Jessica Valant Pilates LLC, Jessica Valant Pilates and its agents DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
FURTHERMORE, Jessica Valant Pilates LLC, Jessica Valant Pilates and their agents DO NOT WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Jessica Valant Pilates LLC, Jessica Valant Pilates and their agents, their SUBSIDIARIES, VENDORS AND AFFILIATES DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIALS, AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE. USE OF THE SITE’S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOU COMPUTER SYSTEMS OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF SUCH INFORMATION OR MATERIAL.
(b) LIMITATION OF LIABILITY. Jessica Valant Pilates LLC, Jessica Valant Pilates and their agents SHALL NOT BE RESPONSIBLE OR LIABLE TO PROVIDERS OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH Jessica Valant Pilates LLC, or their agents OR THE SITE, OR USE THEREOF, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON THE SITE OR ANY SERVICES, OR INFORMATION PURCHASED, RECEIVED OR SOLD BY WAY OF THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF Jessica Valant Pilates LLC, Jessica Valant Pilates and their agents HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS.
(b) Health Disclaimer
This Website provides fitness instruction, information about food and injury information and content published over the Internet and is intended only to assist users in their healthy lifestyle goals and efforts. Jessica Valant Pilates LLC, and their agents are not a medical organization and our staff cannot give you medical advice or diagnosis. Our owner is a licensed physical therapist and certified fitness instructor and information will be provided based on her training and scope of practice, but nothing contained in this Website should be construed as individual medical advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment.
You are urged and advised to seek the advice of a physician before beginning any fitness program or health regimen. This Website is intended for use only by healthy adult individuals. The Website is not intended for use by minors or individuals with any type of health condition. Such individuals, including pregnant women and women who have recently given birth, are specifically urged to seek professional medical advice prior to initiating any form of fitness program or regimen.
Jessica Valant Pilates LLC, and their agents are not registered dietitians. The information given in this Website does not replace a consultation or evaluation by a registered dietitian.
All information is intended for your general knowledge only and is not a substitute for medical advice or treatment for specific medical conditions. The information on this website has not been evaluated by the FDA and is not intended to treat, diagnose, cure or prevent any disease. We cannot and do not give you medical advice. You should seek prompt medical care for any specific health issues and consult your physician before purchasing any product(s). We do not recommend the self-management of health problems. Information obtained by using our services is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment.
If you are being treated for an illness, taking prescription medication, or following a therapeutic diet to treat a disease, it is especially important to show the Jessica Valant Pilates, LLC, fitness and eating plans to your physician. Any modifications made to the Plan by your physician should be followed.
The Plans are designed to reach the designated goal safely. Not following the Plan as designed may pose the risk of developing health complications or injuries.
(c) Results Disclaimer
When addressing health matters in any of our websites, videos, newsletters, programs or other content, we’ve taken every effort to ensure we accurately represent our program and its ability to help your health and improve your life.
By making any purchases through Jessica Valant Pilates, LLC, you accept and agree that you are fully responsible for your progress and results from your participation. We offer no representations, warranties or guarantees verbally or in writing regarding your results.
You understand the results experienced by each person may significantly vary.
Any statements outlined on our websites, programs, content and offerings are simply our opinion and thus are not guarantees or promises of actual performance.
Terms Relating to User Supplied Site Content.
(a) Participate at Your Own Risk. You enter and participate in our forum, bulletin board, chat room, or any other user interactive area of our site, and gain access to the materials contained therein at your own risk.
(b) No Monitoring. We do not monitor or screen communications on our forum, bulletin board, chat room, or any other user interactive area of our site and we are not responsible for any material that any of our forum, bulletin board, chat room, or any other user interactive area of our site participant posts and we do not assume the responsibility to do so. In the event that we are notified by any party that any communications contained in our forum, bulletin board, chat room, or any other user interactive area of our site is contrary to these terms, we may, but are not obligated to, investigate the situation and determine in our own discretion, whether to remove such communication from our forum, bulletin board, chat room, or any other user interactive area of our site. We have no liability or responsibility to investigate or remove any content from our forum, bulletin board, chat room, or any other user interactive area of our site based upon a complaint or otherwise.
(c) Your Reliance at Your Risk. We do not make any representations or warranties as to the truth or accuracy of any statement made or materials posted on or through our forum, bulletin board, chat room, or any other user interactive area of our site. You agree and acknowledge that you assume the risk of any actions you take in reliance upon the information that may be contained in our forum, bulletin board, chat room, or any other user interactive area of our site.
(d) No Endorsement. We do not endorse or lend any credence for any statements that are made by any participant in our forum, bulletin board, chat room, or any other user interactive area of our site. Any opinions or views expressed by our forum, bulletin board, chat room, or any other user interactive area of our site participants are their own. We do not endorse or support or otherwise give any credence or reason for reliance on any such statements or opinions.
(e) You are Responsible. You are fully responsible for your own statements and materials that you post in our forum, bulletin board, chat room, or any other user interactive area of our site and any consequences, whether or not foreseen, to any party who may rely upon these statements. You agree that you will not take any action directed towards attempting to hold us responsible for any such materials or statements.
(f) Removal of Material. As a participant in our forum, bulletin board, chat room, or any other user interactive area of our site, you agree that we may remove any materials from our forum, bulletin board, chat room, or any other user interactive area of our site for any reason, in our sole discretion, or for no reason at all. This includes material which is disruptive, abusive, offensive, illegal, vulgar, pornographic, or any other material. You hold us harmless from and against any damage you or others may suffer as a result of our removal of any content from our forum, bulletin board, chat room, or any other user interactive area of our site or from the discontinuance of our forum, bulletin board, chat room, or any other user interactive area of our site at any time.
(g) Right to Expel. We have the right to remove, expel, or disqualify any party from participation and access to our forum, bulletin board, chat room, or any other user interactive area of our site for any time and for any reason, or for no reason whatsoever, in our sole and absolute discretion. This includes, but is not limited to any violation of this agreement, disruptive behavior, complaints from other parties, any allegedly illegal activity, or for any other reason or for no reason at all.
(h) Right to Terminate. We reserve the right to terminate our forum, bulletin board, chat room, or any other user interactive area of our site at any time and all users hold us harmless from and against any claims, damages, suits, threats, demands, liabilities, actions, causes of action, or injuries that may result therefrom, including but not limited to any consequential, incidental, and special damages of every nature and type.
(i) Prohibitions. You agree that you will not:
1 Use our forum, bulletin board, chat room, or any other user interactive area of our site for any illegal purpose.
2 Place any material in our forum, bulletin board, chat room, or any other user interactive area of our site that violates the copyrights, trademarks, trade secrets, confidential information or other rights of any other party.
3 Place any material in our forum, bulletin board, chat room, or any other user interactive area of our site that contains a false statement about any person, infringes upon the privacy rights of any other person, or threatens, harasses, abuses or embarrasses any other person.
4 Place any obscene, pornographic, sexually explicit or violent materials, graphics, photographs, text or otherwise in our forum, bulletin board, chat room, or any other user interactive area of our site.
5 Place any advertising, attempted business solicitation, marketing materials or sales promotional materials in our forum, bulletin board, chat room, or any other user interactive area of our site.
6 Pretend to be another person that you are not.
7 Place materials in our forum, bulletin board, chat room, or any other user interactive area of our site that are disruptive or off-topic.
(j) Hold Harmless and Indemnify. You hold Jessica Valant Pilates LLC, and their agents harmless from, and indemnify them against, any and all claims for damages from third parties arising from your participation, use or conduct in our forum, bulletin board, chat room, or any other user interactive area of our site.
Miscellaneous.
(a) Prohibition Against Data Mining. You are prohibited from data mining, scraping, crawling, email harvesting or using any process or processes that send automated queries to the Jessica Valant Pilates Membership program. You may not use the Jessica Valant Pilates Membership program to compile a collection of listings, including a competing listing product or service. You may not use the Site or any Materials for any unsolicited commercial e-mail.
(b) Intended Audience. This website is intended for adults only. This website is not intended for any children under the age of 18.
(c) Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
(d) Indemnification. You agree to indemnify, defend and hold Jessica Valant Pilates LLC, Jessica Valant and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
(e) DMCA Notice. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:
1 An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2 A description of the copyrighted work that you claim has been infringed;
3 A description of where the material that you claim is infringing is located on the Site; Your address, telephone number, and e-mail address;
4 A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5 and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
(f) All content (including but not limited to images, text, uploaded files, etc.) submitted to or uploaded by members may be used in any way by Jessica Valant Pilates LLC, and their agents. This includes but is not limited to promotional activities, advertisments, testimonials, etc.
(g) You understand that you are signing up for a recurring membership. You understand this is a subscription service and you will be billed based on the plan you purchased (monthly, every 3 months, or yearly). You understand that you will be charged each period on the same day that you signed up. Example: If you signed up on the 15th of August, you will be charged again on the 15th of September, the 15th of October, and so on until you cancel my membership.
(h) Cancellations. You understand that you can cancel your membership at any time. This means that any future payments will be cancelled and you will lose access to the membership site when you current billing period is over.
(i) Refunds. You understand there is a no refund policy and you will not receive a refund on any previous payments made.

Our Copyright Agent for Notice of claims of copyright infringement on the Site is Jessica Valant Pilates LLC, who can be reached as follows:
By Mail: 270 N. El Camino Real #F105, Encinitas, CA 92024
By e-mail: [email protected]