These Terms of Use ("Terms") govern the use of Dear Pilates ("we," "us", "Dear Pilates”), Dear Pilates websites ("Site", "http://www.dearpilatesnyc.com"). ANYONE ACCESSING THESE SITES AGREES TO ABIDE BY THESE TERMS. We may modify these Terms at any time, and such modification shall be effective immediately upon posting on the Site. Your continued access or use of the Site after the modifications have become effective shall be deemed your conclusive acceptance of the modified Terms. 

Please review our Privacy Policy, which governs your visit to our Site, to understand our practices.

License. The contents of our Site, including, but not limited to, its text, graphics, images, logos, and button icons, editorial content, notices, software (including HTML or XML-based computer programs) and other material, are protected under both United States and foreign copyright, trademark, and other laws. These contents belong or are licensed to Dear Pilates. We hereby grant you the right to view and use our Site subject to these Terms. You may download or print a copy of information provided in the Site for internal use or distribution only. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us.

You assume all responsibility for your use of, or access to, this Site, including your access to any Dear Pilates literature obtained from the Site, and waive all claims or causes of action against Dear Pilates, its officers, directors, employees, agents and affiliates in connection therewith.

Disclaimer. THIS SITE AND THE INFORMATION IT CONTAINS IS MADE AVAILABLE "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE MAKE NO GUARANTEE THAT THE INFORMATION ON THIS SITE IS UP-TO-DATE, ACCURATE, OR COMPLETE, AND YOU SHOULD NOT RELY ON IT FOR ANY DECISION OR TO TAKE ANY ACTION. WE HEREBY DISCLAIM ANY WARRANTY THAT THE INFORMATION ON THIS SITE WILL BE FREE OF INTERRUPTION, OR THAT THE SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. Changes are periodically made to the information herein; these changes will be incorporated in new editions of the Site.

Additional Products and Services Disclaimer. Dear Pilates makes available certain descriptions of its products and services on the Site. Dear Pilates does not represent or warrant that any particular product or service will conform to those descriptions. Each product or service is governed specifically and exclusively by the instrument entered into by the parties for that product or service and not by any information posted on the Site. This paragraph 4 is in addition to and not instead of the disclaimers set forth in paragraph 3 above.

Indemnity. You agree to indemnify, defend and hold harmless Dear Pilates, its officers, directors, employees, agents and affiliates from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of or relating to any violation of these Terms or any activity related to use of the Site (including but not limited to infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the Site on your behalf.

Restricted Access Portions Of The Site. You agree to take reasonable measures to ensure that no unauthorized person or entity shall have access to restricted areas of the Site using your user name or password. You agree that, if you are provided rights to access or use restricted areas of the Site, those rights are non-transferable. You may not assign, sublicense, transfer, pledge, lease, rent, or share the user name and password to any one other than an employee or agent authorized to act on your behalf, and subject to all of the provisions set forth in these Terms. You assume all responsibility for loss or misuse of your password and are responsible for any activities undertaken by a person in possession of your user name or password for any reason other than solely due to the negligence of Dear Pilates.

Privacy. When you visit the restricted access Merchant or Sales Representative login sections of our Site, your browser automatically sends us an IP (Internet Protocol) address and certain other information (including the type of browser you use). These restricted access sections are the only sections of our Site that use or deposit persistent tracking "cookies." In addition, we may use any information you provide internally for any business purpose, including to send you subsequent communications. We may sell or transfer your business information to a third party for any reason, without your permission. Privacy of personal information provided through our Site, and general information on cookies and what they are, are addressed in our Privacy Policy.

Termination. You agree that Dear Pilates may, under certain circumstances and without prior notice, immediately terminate your Dear Pilates account, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Term of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your Dear Pilates account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Dear Pilates's sole discretion and that Dear Pilates shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.

Recovery Fees. You agree that Dear Pilates can, under certain circumstances and without prior notice, charge recovery fees for the purpose of recovering damages you incur in the event you attempt to exploit or abuse our policies or our MindBody point-of-sale system. Cause for such fees shall include, but not be limited to, (a) creation and use of duplicate MindBody accounts, (b) impersonation (allowing others to attend classes you scheduled on your behalf), (c) purchasing a particular new client special more than once, (d) redeeming multiple vouchers, (e) theft of retail merchandise, and/or (f) filing fraudulent chargebacks.

Employment Opportunities. We welcome expressions of interest in employment with Dear Pilates. Dear Pilates does not discriminate in hiring or employment on the basis of race, color, religion, disability, national origin, age, sex, or any other characteristic protected by applicable federal, state or local law. You understand that the invitation to submit your resume or expression of interest in a job posted on the Site is not intended to, and does not, create a contract between you and Dear Pilates for employment or for any other benefit. You understand that any communication sent by you to Dear Pilates inquiring about employment shall not be considered an application for employment and creates no obligation on the part of Dear Pilates to respond. Should Dear Pilates be interested in exploring employment opportunities with you, we will contact you in response to your inquiry.

Links To Our Site. We welcome links to our Site from other web sites; however, we in no way operate, control or endorse such sites, and we reserve the right to disallow any such link at any time in our sole discretion. Should you wish to link to our Site, please contact info@dearpilatesnyc.com. This Site also contains links to other sites. Dear Pilates is not responsible for the privacy policies or terms of use of any such sites.

REGISTRATION OBLIGATIONS. In consideration of your use of the Service, you represent that you are 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. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Dear Pilates has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Dear Pilates has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

Governing Law and Forum. These Terms are to be construed in accordance with the laws of the State of New York, except for the conflict- or choice-of-law principles thereof. By using the Site, you agree to submit any and all disputes arising out of or relating to these Terms to the exclusive jurisdiction of the state or federal courts located in the City and County of New York, New York, or, at Dear Pilates’ sole election, to binding arbitration before a single arbitrator pursuant to the American Arbitration Association's Commercial Dispute Resolution Procedures, with such arbitration to take place in the City and County of New York, New York.

Contacting Us. If you have any questions or concerns about these Terms, please contact us at info@dearpilatesnyc.com.