TERMS & CONDITIONS
Effective: May 1, 2023
Service Packages; Course Content
Once you have signed up for one of the Provider’s service packages, you will be granted access to the Provider’s proprietary course materials and/or videos (“Course Content”) included in the package you purchased. Course Content may include general fitness, aerial, Pilates Gyrotonic® Method training and/or related content. The Services may also include live sessions with the Provider, which sessions may only be attended by you, and unless otherwise authorized by the Provider in advance, recordings are strictly prohibited. Not all service offerings may be available through a single package, so additional Course Content may be available in exchange for an additional fee. You may make these purchases by following the directions on the Site, or by contacting the Provider directly at [email protected].
Account Access; Passwords
To gain access to certain features and offerings available through the Site, you must create an account. Visitors to the Site who register to create an account are “Account Owners.”
Account Owners are responsible for maintaining the confidentiality of your password and account information and shall be solely responsible for all activities performed under their account. Login credentials may not be shared with any other person or entity and excessive viewings or logins by any Account Owner may be construed as fraudulent use of the Services and may result in the cancellation of the Account Owner’s access. The Provider reserves the right to cancel any account that it believes has been compromised or is being used fraudulently.
Account Owners agree to (a) immediately notify us of any unauthorized access to or use of your account, or any other breach of security that may impact the Site or Services, and (b) ensure that you log out from your account at the end of each session. Use of another Account Owner’s account without written prior authorization from the Provider is strictly prohibited. The Provider shall not be liable for any loss or damage arising from non-compliance with these Terms.
Intellectual Property; Restricted, Non-Exclusive License
The Course Content, including without limitation, the advice, information, notes, pictorial and graphical renderings, images, services, and other data such as movements and movement sequences contained in or demonstrated in the Provider’s videos, together with their accompanying descriptions, (collectively, the “Works”), are owned by Lauren Kehl and are protected by the copyright laws of the United States and other countries. These Works are provided to you under license pursuant to these Terms, unless otherwise indicated expressly and in writing; you do not acquire any interest in any of the Works other than the rights licensed to you by these Terms.
The Provider grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Site and the Services included in any package(s) you may purchase, and any related software, content, or other materials FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY. None of these written and digital materials may be copied, shared, or distributed at any time except as expressly provided by the Site (i.e., downloadable materials). Any use of the Services other than as specifically authorized by these Terms, without the Provider’s prior written permission, is strictly prohibited and will be considered a material breach hereof triggering immediate termination of the limited license granted herein without any further action by Provider. Your continued used of the Services following termination is strictly prohibited and may expose you to legal liability.
The Lauren Kehl logo, and other Site marks, graphics, designs, logos, branding, page headers, button icons, scripts and service names are trademarks or trade dress of Provider in the U.S. and/or other countries (the “Marks”). The Provider’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the Provider’s prior written permission. All other trademarks and logos on the Site are the property of their respective owners.
Restrictions on Use
You are prohibited from, and expressly agree that you will not: (i) circumvent or disable any content protection system or digital rights management technology used with any Services; (ii) decompile, reverse engineer, disassemble or otherwise reduce any Services to a human-readable form; (iii) remove identification, copyright or other proprietary notices in or on the Services; (iv) access or use any Services in an unlawful or unauthorized manner or in a manner that suggests an association with our content, products, services or brands, unless you have an executed agreement with us that allows for such activity; (v) use, alter, copy, modify, store, sell, reproduce, distribute, republish, download, publicly perform, display, post, transmit, create derivative works of, or exploit any Services or any part thereof, except as expressly authorized in these Terms or as part of the Services provided to you; (vi) introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Services or connected network, or interfere with any person or entity’s use or enjoyment of any Services; (vii) access, monitor, or copy any element of the Services using a robot, spider, scraper or other automated means or manual process without our express written permission; or (viii) sell, resell, or make commercial use of the Services, unless you have an executed agreement with us that expressly allows for such activity. By accessing or otherwise using any Services, you represent and warrant that your access to and use of the Services, or any content or software therein, will comply with any and all requirements in these Terms.
Acceptable Uses & Conduct
You must only use the Site and Services for lawful purposes, and you must not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment. In using any Services, and in particular, our Site, you expressly acknowledge you are prohibited from, and agree that you will not without our prior express written consent:
- copy, reproduce, or improperly use or access any content on our websites;
- modify, distribute, or re-post any content on our websites for any purpose; or
- use the content on our websites for any commercial exploitation whatsoever.
- disrupt or interfere with the security of, or otherwise abuse, our websites, or any services, system resources, accounts, servers, or networks connected to or accessible through our websites or affiliated or linked sites;
- access content, data or portions of our websites that are not intended for you, or log onto a server or account that you are not authorized to access;
- attempt to probe, scan, or test the vulnerability of the Services, including websites, applications, or any associated system or network, or breach security or authentication measures without proper authorization;
- interfere or attempt to interfere with the use of our websites or applications or the Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing";
- use any data mining, “scraping”, web crawling, robots, or similar data gathering and extraction methods on our websites;
- harass, “stalk”, disrupt or interfere with any other user's enjoyment of our websites or affiliated or linked sites;
- upload, post, or otherwise transmit through or on our websites any viruses or other harmful, disruptive, or destructive files;
- create or use a false identity on our websites, share your account information, or allow any person besides yourself to use your account to access our websites;
- harvest or otherwise collect information about users, including email addresses and phone numbers;
- download, “rip,” or otherwise attempt to obtain unauthorized access to any Services, content or other materials; and
- post any copyrighted material unless the copyright is owned by you.
Fitness and Health Disclaimer
Although Provider offers the Services with your health and safety in mind, it is critical that you consult your physician, follow all provided safety and other instructions, and obtain authorization before accessing or using any Services, especially if you are prone to injuries, are pregnant or nursing, or have any other unique, chronic, or special medical conditions. The Services are provided for informational purposes only, and are not intended to diagnose any medical condition, replace the advice of a healthcare professional, or provide any medical advice, diagnosis, or treatment. The information made available on or through the Services should not be relied upon when making medical decisions. YOUR USE OF ANY SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND PROVIDER. Your individual results using Services may vary. The sponsors, presenters, and producers of these videos disclaim any liability or loss in connection with the movements shown therein.
You acknowledge that the exercises and movements that are presented in videos available through the Site and/or Services, are moderate to vigorous physical activities that carry a risk of injury. You hereby release and discharge the Provider and any of its employees, owners, agents, officers, members, independent contractors, and affiliated entities (hereinafter, the “Provider Representatives”) from any and all claims, suits, rights of action, losses, charges, damages, demands, debts or causes of action, in law or in equity, that you have, or may come to have, against the Provider arising out of, or relating to, your viewing or practicing of the movements and exercises demonstrated on the Site or in recorded and live-sessions included in the Course Content. You understand and agree that the release provided in this section is a condition precedent to your access to videos available on or through the Site regardless of the means of such access.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT PROVIDER IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, THE SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS OR AND WEB SITE, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA,(4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE, (5) RELIANCE ON ANY CONTENT OR POSTINGS ON OUR SITE, OR (6) ANY OTHER MATTER RELATING TO OUR SITE OR THE SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT WILL PROVIDER’S DIRECT LIABILITY HEREUNDER EXCEED $500.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation on Timing of Actions
You agree that any claim or cause of action arising out of your use of the Services, or these Terms must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Provider to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.
You agree that the laws of the State of Washington and the United States, without regard to principles of conflict of laws, will exclusively govern these Terms and any dispute between you and Provider. As the Services are performed and controlled in Washington, Washington and U.S. law will apply regardless of your residence or the location where you use the Services.
If you have any questions or concerns with respect to the Services or these Terms, you may contact Provider at (206) 407-7729 [email protected] or by mail at:
335 NW 79th Street
Seattle, WA 98117