Privacy Policy
Effective Date: April 2024
1 - DESCRIPTION OF SERVICE: This Privacy Policy is intended to inform You, the user and client, about the information and data gathered by Melissa Hargrove Pilates, LLC a fitness studio offering Pilates training and classes, (“Melissa Hargrove Pilates” “Us” or “We” interchangeably) when you use the Melissa Hargrove Pilates website, mobile applications, services and other distribution platforms (the “Sites”), how We collect your information, what information We collect, how We store your information, and to the degree your information may be used. Melissa Hargrove Pilates takes your privacy seriously. We do not rent, sell, or share your personal information with third parties, except as listed and described below.
Our Sites and associated communications from Us may contain links to third-party sites, which are not subject to this Privacy Policy. We recommend that You read the privacy policy of any such sites that you visit. This Privacy Policy applies only to the Sites, as owned, and operated by Melissa Hargrove Pilates.
CONSENT: By visiting our Sites, You are consenting to the information collection, use, and sharing practices described in this Privacy Policy, as modified from time to time by us. To access certain functionalities of the Sites, You will be required to register by providing certain information.
HOSTING PLATFORM: Part of the Melissa Hargrove Pilates Sites are hosted with the third-party platforms, Arketa and ShowIt. Accordingly, some policies are dictated by the Arketa and ShowIt Terms of Service and Privacy Policies.
WHAT THIS PRIVACY POLICY DOES NOT ADDRESS: This Privacy Policy does not address the data management process and policies of, and information usage policies of, other sites and/or integrations of which the Sites may be linked to, or on which a Melissa Hargrove Pilates service utilizes. Furthermore, this Privacy Policy does not address the data management practices and policies of, and information usage policies of other sites to which the Site may link or integrate with, as it relates to those third-party site’s compliance with federal laws and regulations.
2 - DATA COLLECTION & USE: We only collect the personal data that You choose to provide during your registration process. As part of the registration process to use Melissa Hargrove Pilates services You need to provide Us with your full name, billing and mailing addresses, email address, phone number, and billing information, including credit card data, Arketa account information. All data is stored in the United States. You may elect to not provide any of the above information, but You will then not be able to use Melissa Hargrove Pilates Sites, services, or certain features.
3 - INFORMATION AND ANALYTICS WE COLLECT: The information We collect from visitors to our Sites depends on how You chose to interact with us through the Sites. For example, You may browse the Sites without providing personal information; however, using our full range of services involves providing personal information.
For purposes of this Privacy Policy, “Personal Information” is information that can be used to identify You, such as your name, address, email address, or billing information. When You register with Us and sign into our Sites, You are not anonymous to Us.
We may collect and store certain information about your interaction with Melissa Hargrove Pilates website and services, including cookies, IP Addresses, browser type, device type, location, Internet service provider (ISP), entry and exit pages, operating systems, time/date stamps, and other related data. Melissa Hargrove Pilates uses this information, only to improve the quality of our services and products.
The following is a list of types of information we may collect and ways in which it is collected:
Information You Provide. When You sign up for a service that requires registration or payment, We ask you for Personal Information including your name, email address, health history, and any other health information You chose to share with Us. We also collect information You provide when requesting a service, and this information may, among other things, include personal information or reveal details about your preferences. We typically store and maintain the information collected
User Communications. When You send email or other communications to Melissa Hargrove Pilates, We retain those communications to process your request and improve our service.
Logged Information: We automatically collect and store some information that You do not actively provide, such as your internet protocol (IP) address, software, and hardware attributes such as your browser type, the date and time of your visit, and the last website you visited prior to visiting the Sites. This information is used to enhance the services We provide to You.
Cookies. When You visit the Sites, We send one or more cookies (that is, small text files) to your computer that uniquely identifies your browser. Most browsers are initially set up to accept cookies, but You can change your browser’s settings to refuse all cookies or to indicate when a cookie is being sent. Cookies may contain account information such as your username and password if You opt in to the automatic login option. Note that if You choose to decline cookies via your browser, You will have some limitations in using Melissa Hargrove Pilates services.
Other Internet Technology. We may use other technology, such as pixel tags and web beacons, to track use of our Sites. We may also include web beacons in email messages, newsletters, or other communications to determine whether messages have been opened and acted upon.
4 - HOW WE USE THE INFORMATION WE COLLECT: In general, Melissa Hargrove Pilates uses personal and other information collected through the Sites to fulfill your requests for services, contact you, customize content, and improve our services. More specifically, We use personal and other information as follows:
Provide Services. Personal and other information is anonymously shared with our selected suppliers, service providers and partner sites in connection with providing services to you. For example, We may provide such information to third parties in connection with operating and maintaining the Sites, fulfilling your requests for services, processing credit card payments (if applicable), performing business and sales analysis, and offering contests or conducting surveys.
We do not provide contact details to other companies for their marketing or mailing list without your express consent. For example, We may run a promotion on the Sites in conjunction with a third party, and your opt-in participation could be contingent on the personal information You provide for this promotion to be shared with both Melissa Hargrove Pilates and the third party.
Communicate. We use your personal information to communicate with You generally, for example to respond to a query from You, or to provide You with updates or information concerning our services or the services of other companies that We believe You may be interested in. For information regarding opting out of some of these communications, please see “Your Choices” below.
Customization. To customize the content that You see in associated communications. For example, the Sites and associated communications from Us may include information based on personal information or past purchases.
Improve Usability. We use cookies to improve the quality of our service by storing user preferences and tracking user trends, such as how people use the Sites. We also use other Internet technology, as described above under “Information We Collect.”
Complying with the Law: We disclose personal and other information if We have a good-faith belief that the disclosure is reasonably necessary to comply with the law, legal process or an enforceable government request; to enforce applicable terms of use for our services; to detect, prevent or otherwise address illegal activity, fraud, or security issues; or to protect the property or safety of our users, Melissa Hargrove Pilates, or the public as required or permitted by law.
5 - YOUR CHOICES: As a user of the Sites, You have the following options:
Account Review. If you have an account with us, you can review and update your account information (such as your name and contact information) online by making the appropriate selections or changes. We make good faith efforts to provide You with access to your personal information and the ability to correct the information if it is inaccurate or to delete it at your request (if it is not required to be retained by law or for legitimate business purposes). We require users to reliably identify themselves and the information they wish to access, correct, or remove before processing these requests, and We may decline to process requests that We believe in good faith are unreasonable or unduly burdensome (such as requests that are repetitive, require disproportionate technical effort, jeopardize the privacy of others, or would be impractical to satisfy).
Service Review. You can add, edit, pause, or remove services that You have subscribed to by logging into the Sites.
Deactivate Account. You can deactivate your account with Us at any time by making the appropriate selections. If You deactivate your account and later wish to reopen it and again receive services from Us, You may be required to re-enter your account information and re-subscribe to any services you wish to receive. However, if You deactivate your account, We may retain certain information associated with your account for record keeping. Further, We generally do not remove information that You have made publicly available, and information that has already been provided to third parties as described in this Privacy Policy may be retained by those third parties and will be subject to their policies, and not this Privacy Policy.
Opt-Out. If We propose to use personal information for any purposes other than those described in this Privacy Policy, We will offer You an effective way to opt out of the use of personal information for those other purposes. We do reserve the right to contact you on matters that We believe in good faith to be urgent or of particular importance even if You opt out from other communications, but these would not include marketing communications. You can exercise that right by contacting us at support@mpilates.co
6 - Email Notices: When You register to use Melissa Hargrove Pilates services or by purchasing any products from a vendor using Melissa Hargrove Pilates services, your email will automatically be listed in the Melissa Hargrove Pilates mailing list. You will receive welcome information, account information, and other marketing related information related to Melissa Hargrove Pilates services and the products you viewed and purchased. You may also receive periodic emails from us notifying you of new features, products, titles, and other related information for Melissa Hargrove Pilates services.
You may choose to opt out of receiving emails from Melissa Hargrove Pilates, but if You choose to do so, You may not receive technical support requests, account updates and notifications, product updates, security updates or updates to the Terms of Services of Melissa Hargrove Pilates as well as updates to Privacy Policy of Melissa Hargrove Pilates.
7. Business Transitions: In the event of Melissa Hargrove Pilates goes through a business transition, such as a merger, acquisition by or with another company, including partial or all assets, any personally identifiable information We have on record will likely be transferred with the transition.
8. Security We, through our hosting platform Arketa and ShowIt, employ and protect all data with SSL encryption and other security measures to ensure you that your data is protected and safe. However please be advised that while we take extra measures to protect your data and integrity of your information, We cannot guarantee that our security measures will prevent unauthorized access from occurring on either the user end, or the hosting platform end. We strongly suggest You take the proper steps to maintain the security of your account information. We highly recommend that you set a secure password for your registered account with Melissa Hargrove Pilates to ensure others from easily guessing your password.
At any time if You forget your account information, You may log back onto Melissa Hargrove Pilates website and click forgot login on the login area screen, a password reset link will be emailed to You with further steps to reset your account info.
9. CHANGES TO OUR PRIVACY POLICY: We may update this Privacy Policy from time to time. As You are a registered Melissa Hargrove Pilates user, We will attempt to inform You of any material changes by email. Otherwise, please check back frequently on the website for the latest and most updated privacy policy posted. Melissa Hargrove Pilates provides You with the opportunity to review, remove and modify any personal information that You provided previously under the Data Protection Act 1998, please contact Us directly by email to make changes to your personal information. You may also update your personal information by logging into your Melissa Hargrove Pilates account and updating your details by clicking your username at the top right of the page then clicking Settings.
10. Contact Information: If You have any questions or concerns about this policy or any Melissa Hargrove Pilates services products, services, or features, please don’t hesitate to contact us at support@mpilates.co.
Last Updated: April 2024
TERMS OF SERVICE
Effective Date: April 2024
This Terms of Service (the “Agreement”) is between You, the user and client, and Melissa Hargrove Pilates (“Melissa Hargrove Pilates”).
1 - DESCRIPTION OF SERVICES: The Melissa Hargrove Pilates brand includes but is not limited to online live and on-demand contemporary Pilates workouts hosted in individual and group settings, workshops, workshops, educational programs and events; an online membership program (“Membership”), which includes member’s-only digital platforms and content; digital courses; free and paid online resources; a website and related third-party sites (the “Sites”); social media platforms; mobile applications; and other distribution platforms (collectively, the “Services”) operated by Melissa Hargrove Pilates.
These Terms of Service are applicable to all users of Melissa Hargrove Pilates through its “Website” www.mpilates.co and related domains, sub domains, and mobile and desktop applications (individually and collectively the “Sites”). These Terms govern your use of and interaction with the Services, Sites (including all functionalities, features, streaming services, audio, visual, written media, downloaded content from the Sites), web links and user interfaces, and all content and software associated with the Services as provided by Melissa Hargrove Pilates.
2 - ACCEPTANCE OF TERMS: The Sites are offered to You conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Sites and Services, as defined below, constitutes your agreement to all such of these terms, conditions, and notices. Melissa Hargrove Pilates has the right, at its sole discretion, to modify, add, or remove any terms or conditions without notice or liability to You. Any changes shall be effective immediately. You may see the most recent changes and version of this Agreement as noted by the date at the top. You agree to review these changes from time to time and agree that any subsequent use by You of the Sites and Services following the changes shall constitute your acceptance of such change. The Services provided by the Sites are made available for your personal, non-commercial use only.
3 – DESCRIPTION AND USE OF THE PRODUCTS AND SERVICES: Melissa Hargrove Pilates offers:
Live and pre-recorded virtual private sessions and group classes.
The “Membership,” a digital library of online workouts.
Digital classes and workshops available for purchase on-demand via instant download.
Other programs and offerings as determined by Melissa Hargrove Pilates, made available through the Sites.
1:1 SESSIONS AND GROUP CLASSES: rooted in the principles of Pilates, clients can participate in private sessions and group classes.
MEMBERSHIP: The Membership is a monthly subscription membership provides on-demand digital access to hundreds of pre-recorded workouts in an extensive video library (“Library”), and Slack access to Melissa Hargrove Pilates.
CLASSES AND WORKSHOPS: You may enroll in on-demand digital classes and workshops via the Site, which allow you access to virtual education. Your enrollment in the course or workshop will generally include:
Virtual, self-paced educational material
Downloadable PDF guide to support and compliment the course material
Access to the course for a specified amount of time.
For more information on the booking, payment, and policies for the Services, see Section 6. For more information on the Use Fee and access, see Section 7.
REGISTRATION INFORMATION: The Sites and Services are not directed at children under eighteen years of age, unless explicitly marketed as such. By providing information about yourself to Melissa Hargrove Pilates You are representing that You are eighteen years of age or older OR have a parent/guardian’s approval and supervision if You are 13-18 years old, and that You, or your parent/guardian, is of legal age to form a binding contract, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
In such event that any Service is specifically created for a child of any age, the Service will be expressly described as such, the parent/guardian must agree to these Terms and those of the Liability Waiver, and depending on the age of the participant, the parent/guardian must also be present and/or participate.
You also agree to (1) provide true, accurate, current, and complete information about yourself as prompted by the registration form available on our Sites and especially when creating your Account, as defined below; and (2) maintain and promptly update your Account information to keep it true, accurate, current, and complete.
If You provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Melissa Hargrove Pilates reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time.
4 – PURCHASING, PAYMENTS: If you elect to access any component of the Sites and/or Services for which there is a fee, You agree to pay all fees and charges associated with such Service, via your Account, as defined below, on a timely basis. You agree that You are financially willing and able to invest the cost of the Services, and that by so doing, You are not incurring any economic hardship in any way.
All purchases are paid in full at the time of purchase or enrollment. All fees and charges (including any taxes and late fees, as applicable) will be charged to your credit card on file, as further described below. As some services require auto-billing for continued monthly access, You agree to maintain valid credit card information as part of your Account information when applicable.
TYPES OF PURCHASES: The Service may allow You to access on a subscription, auto-bill basis (the Membership) or on a pay-per-access basis (on-demand content in the Library related to certain classes or workshops, one-time events, and/or workshops). Receipts are sent to the email address on file once the charge is successful.
By making a purchase, You expressly agree that Melissa Hargrove Pilates is authorized to charge your selected purchase on the payment method You designate. You can update this information at any time by logging into your Account, defined below.
ACCOUNT: Upon your first purchase of the Services, or first use of the Sites and/or Website, You will be prompted to create an account (the “Account”) with Melissa Hargrove Pilates via third-party hosting platform Arketa. Your Account is protected via password and where You will purchase and book certain Services, access certain purchased products, and securely store credit card information.
Note that your Membership will continue in effect unless and until You cancel it, as described below, or Melissa Hargrove Pilates terminates it. You must cancel your Membership according to the terms of this Agreement, and prior to the next billing cycle, to avoid further billing.
PAYMENT PROCESSOR: Payments made on the Sites are processed by the third-party payment processor Stripe. You may choose to a store credit card on file within your Stripe account: (1) incidental charges relating to your use of the Sites, (2) ease of transaction, (3) for enrollment in the Membership which does require a credit card on file to enroll, and/or 4) recurring payments for Services on a payment plan. In such event that an incidental charge needs to be made (for example, related to late-cancellation fees) the cardholder and account holder gives permission to Melissa Hargrove Pilates to charge the card on file for purchases made through the Site. Additionally, the cardholder and account holder may give permission to Melissa Hargrove Pilates to charge the card for auto-debit memberships.
AUTO-DEBIT: By enrolling in an auto-debit contract via joining the Membership, You authorize Melissa Hargrove Pilates to, on a recurring basis - on the same of the day of each month of the membership, automatically charge the debit or credit card account You specified, for the auto-debit plan associated with your account, on the billing due date. You understand and acknowledge that (1) Melissa Hargrove Pilates will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on the billing invoice and/or in connection with cancellation fees per the cancellation policy. Melissa Hargrove Pilates may discontinue processing of recurring charges if it is unable to secure funds from your debit/card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (2) it is your responsibility to keep a current card on file with accurate billing information. Melissa Hargrove Pilates cannot be held responsible for errors in processing due to expired or inaccurate information.
5 – PURCHASING: PACKAGES, REFUNDS, CANCELLATION POLICY:
CREDIT AND PACKAGE EXPIRATION: All session credit and packages expire, as described on the Website, from the date of purchase, unless noted otherwise in the description at the time of purchase. There are no extensions, refunds, or freezes for purchases or expired sessions. You are responsible for noting package expiration date; Melissa Hargrove Pilates will not send reminders or follow-up. Remaining credits at the expiration of the package will be forfeited and will not roll-over or be converted into Melissa Hargrove Pilates credit.
PACKAGE POLICIES, NO ROLLOVERS: By purchasing a package of sessions, classes, or a recurring combination package with Melissa Hargrove Pilates You agree that: (1) Packages are not shared or transferable between members, unless expressly agreed upon by Melissa Hargrove Pilates’ ownership in writing; (2) expiring packages may not be extended, transferred, refunded, shared, or frozen (3) Melissa Hargrove Pilates will not adjust or extend packages due to accidental bookings or the acts or omissions of clients. The expiration date set on an expiring package is the date on which the sessions in the package may no longer be used; and (4) Clients purchasing packages do so with the express understanding of these terms and agree to be bound by such.
Combination Packages, or those that include private sessions and group classes, are a monthly recurring purchase. Unused sessions and group classes do not rollover month over month; unredeemed sessions and classes expire each month.
Refund Policy: It is Melissa Hargrove Pilates’ intention for You to be happy with your participation and education in the Services. Due to the extensive time, effort, preparation, and care that goes into creating and/ providing the Services, all sales are final, and no refunds will be provided.
Unless otherwise provided by law, You acknowledge that all sales are final and Melissa Hargrove Pilates does not offer refunds for any portion of your payment for any of the Services at any time, unless explicitly indicated otherwise at the time of purchase. By agreeing to the terms of this Agreement, You agree that You will not issue a chargeback for any payment made as you are fully aware of this Refund Policy and voluntarily consenting to it.
Should You attempt to issue a chargeback with your credit card company, this Agreement will automatically terminate upon such attempt, regardless of whether the attempt is successful or not and You will lose all access to ALL materials purchased from Melissa Hargrove Pilates, including ALL previous Services which You may have previously purchased such as access to your Account and Membership content. You will remain contractually responsible for payment of Services in full.
MELISSA HARGROVE PILATES MEMBERSHIP CANCELLATION: If You are enrolled in the Membership and chose to cancel, You must cancel your through your Account, prior to the next month’s billing date, which is the same calendar day as your original date of purchase. When You cancel prior to the next billing date, You still maintain access to the paid Services, including the Slack channel, through the end of your billing cycle. If You do not cancel prior to your billing date You will be automatically billed, with no refund, for the subsequent month and continue to have access until your next billing date, at which point your Membership will be considered cancelled and You will not be billed further. Your access to the materials in your Account and the Slack channel will be terminated following the last day of your Membership.
6 – 1:1 SESSIONS: BOOKING AND CANCELATION POLICIES
RESERVING SESSIONS, CLASSES: You are solely responsible for the booking and canceling of your 1:1 sessions and group classes.
You may schedule on the Sites and/or via your account. Once on the Site, You must log into your Account, and purchase a session to secure the reservation. Your reservation is not considered complete until it is paid in full at which point an email receipt confirming the same will be sent to You.
CANCELLATIONS, RESCHEDULING, LATE-CANCEL POLICY: All sessions and classes may be canceled or rescheduled up to 24-hours prior to the start time. Cancellations and reschedules may be done online only via (1) your Account, or (2) the confirmation email sent at the time of booking. There are no refunds on cancelled sessions; your Account will be credited the session.
Those clients with weekly private sessions will be given a time slot that is considered “theirs” to create consistency and continuity in their practice. Accordingly, if You need to reschedule a single private session, there is a chance that Melissa Hargrove Pilates may not have same-week availability to accommodate the change. If You need to reschedule your standing session, coordinate with your instructor directly.
If the cancellation is made inside of the 24-hour window prior to Your session, it will be considered a ‘late cancel’ and the credit will be forfeited, and/or You will be charged the full amount. If You do not show up to the scheduled session or class, it will be considered a ‘no show’ and You will forfeit the credit.
Cancellations via texting, Facebook messenger, Instagram, and other social media platforms are not valid forms of cancellation, and You will be charged if the booked session or class is not properly canceled outside the cancellation window.
In the event of an emergency on their part, Melissa Hargrove Pilates reserves the right to move your session/class to another mutually agreeable time, or to cancel it outright. In this rare instance that Melissa Hargrove Pilates must do so, You will not be charged for the changed session/class, and You session will be promptly rescheduled.
LATE ARRIVALS: You are expected to arrive to any scheduled Service on-time, and ready to begin. Accordingly, if You arrive late to your scheduled Service, it is within the discretion of the Melissa Hargrove Pilates instructor whether to proceed. In the instance that your instructor proceeds with the Service, your time will not be extended due to your tardiness and the Service will end at the scheduled time. In the event any client is so late that it is not feasible to proceed with the Service, the tardiness will be considered a “no-show”, and the Service fee will be forfeited and/or considered redeemed.
7 – ACCESS AND DELIVERY OF SERVICES: After making a purchase from Melissa Hargrove Pilates, You will be able to access the corresponding materials as follows through your Account.
SESSIONS, GROUP CLASSES: Participants of live, private sessions and group classes will be provided links to the workout through their Account and via email. All class participants will receive an email recording of the class and a PDF class plan within 48-hours, available for replay for fourteen (14) days following the live class.
VIRTUAL CLASSES COURSES, WORKSHOPS: You will be granted access to all recordings and materials via your Account upon purchase.
MEMBERSHIP ACCESS: You will be granted access to the Library and all other Membership content via your Account for the duration of your enrollment.
For those in the Membership – You will have access to the Library for the duration of the Membership. Your access to the Library and related Service materials will expire in conjunction with your Membership expiration/termination.
Limited License For Use of The Services: Melissa Hargrove Pilates grants you a non-exclusive, non-transferrable, personal, non-sublicensable, limited right and license to access and use the Sites and Services, including viewing the content and accessing the materials based upon the purchase or membership selected by You or attend the event/workshop you purchased, for non-commercial purposes only.
8 - USER INFORMATION; PASSWORD AND SECURITY: You are solely responsible for the information You input or upload to the Sites and Services and represent and warrant that You have the right and authorization to register for the Sites and Services. Melissa Hargrove Pilates reserves the right in its sole discretion to decide whether the information You input or upload to shared and/or public forums and discussions is appropriate and complies with the terms of this Agreement, other Melissa Hargrove Pilates policies, and applicable laws and regulations.
If You register for the Sites and Services, You will be asked to provide certain information including a valid email address. You warrant and represent that all such information is current and accurate and will be kept up to date.
Your Privacy Rights are set forth in our Privacy Policy located on the Site.
PASSWORD PROTECTION; NO SHARING OF ACCOUNT INFORMATION: To access certain features of the Sites, such as access to the Services and your Account, You will need a username and password. You agree to keep this information confidential and not share it with anyone else. For purposes of these Terms “sharing” also refers to live-streaming the Services with any non-members, who are receiving the benefits of the Services without payment.
If Melissa Hargrove Pilates has reasonable grounds to suspect that You (1) have shared your username and password with anyone else, (2) used the materials and Services in a way contrary to what is intended and/or agreed upon; and/or (3) shared, disseminated, provided access to, forwarded, or in any other way made known to a non-purchasing user copyrighted materials such as video recordings, digital downloads, workbooks, or any other protected content, Melissa Hargrove Pilates will automatically terminate Your account, and refuse all current or future use of the Sites, without refund.
Excessive usage of the Sites will be assumed by Melissa Hargrove Pilates to be fraudulent use, and your Account will be immediately canceled without a refund.
9 - HOSTING PLATFORM: Melissa Hargrove Pilates is hosted by and integrated with the following third-party platforms, who are responsible for all login/account information and payment transactions: Arketa, ShowIt, FloDesk, Stripe, and Zoom. In the event of technical issues with your respective accounts or logins, Melissa Hargrove Pilates refers You to Arketa and/or Zoom’s support. In the event of billing issues with your Account, You are referred to Arketa and/or Stripe. Melissa Hargrove Pilates does not have access to your Account details. If You would like more information regarding each platforms’ Terms of Use and Privacy Policies, including how they collect and store information, Melissa Hargrove Pilates encourages You to visit their websites, which are linked above.
10 - LINKS TO THIRD PARTY WEBSITES: The Sites contain links to other websites (the “Linked Sites”). The Linked Sites are not under the control of Melissa Hargrove Pilates, and Melissa Hargrove Pilates is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Melissa Hargrove Pilates is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Melissa Hargrove Pilates of the site or any association with its operators.
11 - USER CONDUT: As a condition of your use of the Sites, you warrant to Melissa Hargrove Pilates that You will not use the Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. The Services may be used only for lawful purposes relating to streaming and related materials. Melissa Hargrove Pilates specifically prohibits any use of the Services, and all users agree not to use the Services, for any purposes other than designated by the Melissa Hargrove Pilates.
CODE OF CONDUCT: Melissa Hargrove Pilates is committed to providing an environment that is free from disrespectful and offensive behavior, and that is safe space for all individuals. Accordingly, harassment, inappropriate, or discriminatory behavior by clients, and/or continued disruptive or incendiary behavior, as determined in the sole discretion of Melissa Hargrove Pilates, will not be tolerated. Melissa Hargrove Pilates has the right to judge behavior and respond accordingly. This right includes, but is not limited to, termination of a training relationship without refund to any client engaging in unacceptable behavior.
NO UNLAWFUL OR PROHIBITED USE: You may not use the Sites in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites. You may not send automated queries of any sort to the Sites without express permission in advance from Melissa Hargrove Pilates. Similarly, You are not allowed to copy, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of, or modify the Sites in any manner.
You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this Services, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (e) scraping or harvesting data or (f) the use of robots to skew payouts..
Violations of system or network security or inappropriate conduct may result in civil or criminal liability. Melissa Hargrove Pilates will investigate occurrences that may involve such violations and may involve and cooperate with law enforcement entities in prosecuting users who are involved in such violations.
12 - INTELLECTUAL PROPERTY: The Services are the sole and exclusive property of Melissa Hargrove Pilates and are protected by copyright, trademark, and other intellectual property common and statutory laws of the United States and other countries.
COPYRIGHTED CONSENT: Melissa Hargrove Pilates retains all ownership and intellectual property rights to the Services content and materials provided to You through the Sites and otherwise, including all copyrights and any trademarks belonging to Melissa Hargrove Pilates and related entities. The Services content and materials are being provided to You for your individual use only and with a single-user license; this means that You are not allowed or authorized to share, copy, sell, post, distribute, reproduce, duplicate, trade, resell, exploit, or otherwise disseminate any portion of the materials, electronically or otherwise, for business or commercial use, or in any other way that earns You money, without the prior written permission of Melissa Hargrove Pilates.
Furthermore, by signing this Agreement You agree to the above terms and understand that Melissa Hargrove Pilates’s materials are protected by the United States Intellectual Property laws, including the Copyright Act of 1976. You understand and agree that violating the terms of this Agreement as described above may subject You to legal action and that Melissa Hargrove Pilates will fully pursue all remedies at law against You which it is entitled.
TRADEMARKS, NAMES, LOGOS: All trademarks, names, and logos used on the Sites or delivered via the Services are either owned by Melissa Hargrove Pilates or a use right has been granted to Melissa Hargrove Pilates. Your use of the Services and Sites does not allow you to infringe those rights or the rights of the third parties that may exist in material contained in the Sites. No license is expressly impliedly granted within or because of your use of the Sites or Services. Without the prior permission of Melissa Hargrove Pilates, except in the utilization of our widgets or mobile applications, You agree not to display or use in any manner, any of the trademarks, names, and logo featured on the Sites for which you do not have personal rights.
MATERIALS PROVIDED TO MELISSA HARGROVE PILATES OR POSTED ON THE SITES: Melissa Hargrove Pilates does not claim ownership of the materials You provide to Melissa Hargrove Pilates (including feedback, comments, and suggestions) or post, upload, input or submit to the Sites or its associated services or contribute to group channels like Discord or Zoom chat (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission You are granting Melissa Hargrove Pilates permission to use your Submission in connection with the operation of their business including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Melissa Hargrove Pilates is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at the sole discretion of Melissa Hargrove Pilates.
By posting, uploading, inputting, providing, or submitting your Submission You warrant and represent that You own or otherwise control all the rights to your Submission as described in this section including, without limitation, all the rights necessary for You to provide, post, upload, input or submit the Submissions.
13 – Personal Responsibility, Disclaimer & Release of Claims
nO GUARANTEED OUTCOMES: You understand that the outcomes obtained from the Services can be subjective and vary greatly depending upon circumstances and your individual effort invested in the process. Enrollment in the Services do not guarantee that You will take any specific action and does not offer any guarantee of success. As such, You understand that Melissa Hargrove Pilates makes no guarantee, representation, or warranty of any nature or kind that the Services will be effective or will result in any particular outcome. As such, You agree that You will not hold Melissa Hargrove Pilates responsible, in whole or in part, for any result that You do or do not achieve.
Personal Responsibility and Assumption of Risk: You acknowledge that You take full responsibility for yourself, and all decisions made before, during and after your participation in the Services. You accept full responsibility for your choices, actions, and results before, during and after the Services, and You knowingly assume all the risks of the Services related to your use, misuse, or non-use of the Services or any of the related materials. You understand and agree that you are solely responsible for your results.
RELEASE OF LIABILITY, INDEMNIFICATION: You agree that Melissa Hargrove Pilates will not be held responsible in any way for the information that You request or receive through the Services, including any information You have received from, through, or related to the Courses, nor will Melissa Hargrove Pilates be responsible for how you use and apply the information that You request or receive through the Services. You agree that You fully and completely, on behalf of your heirs, next of kin, family members, estate, beneficiaries, and representatives: (1) will not institute or attempt to institute any legal action, arbitration, demand, or processing; AND (2) hold harmless, indemnify, defend, and release Melissa Hargrove Pilates, in its individual capacity and legal capacity, and each of Melissa Hargrove Pilates companies’ principles, shareholders, officers, directors, employees, agents, successors, beneficiaries and assigns from any and all liability, damages, causes of action, allegations, suits, sums of money, claims, and demands whatsoever, in law or equity, that You ever had, now have or may have against Melissa Hargrove Pilates in the future that may arise from your participation in the Services, including all services and products to the extent permitted by applicable law.
Limitation of Liability, Indemnification, Release of Claims: The information, software, products, and Services included in or available through the Sites may include inaccuracies. Changes are periodically added to the information herein. Melissa Hargrove Pilates may make improvements and/or changes in the sites at any time. Accordingly, Melissa Hargrove Pilates makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, Services, and related graphics contained on the Sites for any purpose. To the maximum extent permitted by applicable law, all such information, software, product, Services, and related graphics are provided ‘as is’ without warranty or condition of any kind. Melissa Hargrove Pilates disclaims all warranties and conditions regarding this information, software, products, Services, and related graphics, including all implied warranties or conditions of merchantability, of Melissa Hargrove Pilates for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, Melissa Hargrove Pilates is not liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Sites, with the delay or inability to use the Sites or Services, the provision of or failure to provide the Services, or for any information, software, products, Services, and related graphics obtained through the sites, or otherwise arising out of use of the Sites, whether based on contact, tort, negligence, strict liability, or otherwise, even if Melissa Hargrove Pilates has been advised of the possibility of damages. As some states/jurisdictions do not allow the exclusion of limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If You are dissatisfied with any portion of the Sites or with any of these Terms of Use, your sole and exclusive remedy is to immediately cease use of the Sites.
14 - TERMINATION AND ACCESS RESTRICTION: Melissa Hargrove Pilates reserves the right, in its sole discretion, to terminate your access to the Sites, Services, or any portion thereof at any time, without notice.
15 – CONTENT RELEASE: You grant Melissa Hargrove Pilates, its representatives, employees, agents and/or assigns the right to take digital recordation of You and your property while engaging with and/or interacting with Melissa Hargrove Pilates and/or participating in a Service with Melissa Hargrove Pilates, and to use and publish these photos or videos in print and/or electronically.
By agreeing to be filmed, photographed, and/or otherwise documented by Melissa Hargrove Pilates, You, on behalf of yourself, heirs, representatives, executors, and assigns, irrevocably grant Melissa Hargrove Pilates the absolute and unrestricted right and permission throughout the universe and forever to copy, reproduce, adapt, edit, summarize, copyright, publish, exhibit, distribute, perform, and otherwise exploit by any and all uses such content, with or without my name, without compensation, for any lawful purpose, including but not limited to: publicity, illustration, advertising, and web content. You further agree that Melissa Hargrove Pilates is the lawful owner of all digital files, and accordingly, waive any right that You may have to inspect and/or approve the finished product or the copy that may be used in connection therewith, wherein your likeness appears, or the use of which may be applied.
16 – GOVERNING LAW, DISPUTE RESOLUTION: To the maximum extent permitted by law, this Agreement is governed by the Laws of the State of Wisconsin, United States, and You hereby consent to the exclusive jurisdiction and venue of courts in Dane County, Wisconsin, United States. All claims and disputes arising under or relating to this Agreement are to be settled by arbitration in the State of Wisconsin, Dane County, before one arbitrator. This arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class-action basis or in a purported representative capacity on behalf of others. Claims may not be joined or consolidated unless agreed to in writing by all parties. The arbitration shall be administered under the rules of the American Arbitration Association and shall include a written record of the arbitration hearing. The arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. Judgment on the Award may be entered in the State of Wisconsin, Dane County.
Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of this Terms and Conditions of Use Agreement, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Melissa Hargrove Pilates because of this agreement or use of the Sites. Melissa Hargrove Pilates performance of this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Melissa Hargrove Pilates right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Melissa Hargrove Pilates with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
This Agreement and your agreement to it and to use of the Sites and Services are for the benefit of Melissa Hargrove Pilates and its affiliates, successors, and/or assigns.
17 – MISCELLANEOUS
Mutual Non-Disparagement: Should You have any questions or concerns about the Services or Melissa Hargrove Pilates, You agree now to contact Melissa Hargrove Pilates directly in a mature and professional way rather than to publicly make any negative or critical comments about the Services or business through social media, public forums, or otherwise. The parties agree not to communicate with any other individual, company, or entity in a way that is harmful or disparaging to the other, whether actual or perceptual, or to do or say anything that is injurious to each other’s reputation, including about the Services and/or Melissa Hargrove Pilates business, employees, contractors or agents, or other participants. In arbitration or when required by law, Parties are not prohibited from publicly sharing our thoughts and opinions
Notice: All correspondences or notices required regarding the Services shall be made to Melissa Hargrove Pilates via e-mail at support@mpilates.co and to You at the e-mail address You provided during your enrollment in the Services and/or the email address in your Account. Should your e-mail address, billing information, or contact information change at any time throughout the relationship, it is your responsibility to update the information in your Account within 3-days, preferably sooner, of any change to avoid miscommunications.
Force Majeure: In the event that any cause beyond one’s reasonable control, including, without limitations, “acts of God”/nature, war, curtailment, or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisories, labor strikes or civil disturbances, unforeseen or foreseen human-initiated circumstances, health or travel restrictions, quarantines, lockdowns or precautions imposed by any government entity or agency, local, state or federal law or ordinance, or other instances, make it inadvisable, illegal, impracticable, or impossible for Melissa Hargrove Pilates to perform any responsibilities or obligations under this Agreement, either because of unreasonable increased costs or the risk of injury, Melissa Hargrove Pilates is not be liable for a reasonable period of delay or for the inability to indefinitely fulfill the responsibilities and obligations.
Entire Agreement, Assignment, Survivability and Waiver: This Agreement contains the entire agreement and may be modified or amended at any time as long as the amendment is in writing and signed by the Parties. You may not assign your privileges, rights, or obligations under this Agreement to anyone else, and the obligations under this Agreement shall survive indefinitely unless otherwise stated in this Agreement. If Melissa Hargrove Pilates chooses to waive or not enforce one or more terms of this Agreement, it does not in any way limit her right to later enforce every part of this Agreement.
EMAIL COMMUNICATIONS: You understand that You may, from time to time, receive email communications from Melissa Hargrove Pilates related to the Services, the Site, the Melissa Hargrove Pilates brand, and your participation in all of the above. By entering into this Agreement, You give Melissa Hargrove Pilates permission to email You, at the email address on file, regarding the same.
CONTACT: If you have any questions or concerns about this policy or any Melissa Hargrove Pilates Services, products, or features, please don’t hesitate to contact us at: support@mpilates.co