Thank you for your interest in Kinetic Pilates, Application (“Service”). This service is provided by Kinetic Pilates, LLC., a California Limited Liability Company ("Kinetic Pilates,", "us" or "we"). These Terms of Service (these "Terms"), including the Privacy Policy incorporated into these Terms by reference and any other applicable policies and guidelines, as may be updated from time to time, govern your use of the Application (or “Apps”). These Terms constitute a legal agreement between you and Kinetic Pilates, LLC. In order to use the Application you must agree to these Terms.
All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Application in any manner, and each of your heirs, assigns, and successors. If you use the Application on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that entity to these Terms, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity.
PLEASE CONSULT WITH YOUR DOCTOR OR OTHER HEALTH CARE PROVIDER BEFORE STARTING AN EXERCISE ROUTINE. OUR WEBSITE AND APPLICATION ARE INTENDED FOR HEALTHY AND ABLE BODIED INDIVIDUALS. WE ARE NOT RESPONSIBLE FOR ANY INJURIES FROM PARTICIPATING IN ANY FITNESS PROGRAM.
BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE APPLICATION, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE THE APPLICATION. THE COMPANY REQUIRES ALL USERS TO UNDERTAKE TO ABIDE BY THE PRIVACY POLICY AND THESE TERMS & CONDITIONS.

SERVICE.

Kinetic Pilates, LLC provides a mobile based fitness service whereby users can stream live and on-demand fitness classes and interact with other users. This service requires voluntary participation. This service is not for any individuals under 18years old. If you become a Member, you will be able to access the Services associated with the Company product(s) for which you hold a Membership. If you meet certain requirements, the Company may in its discretion make your profile visible to Users of other Apps operated by the Company for which you do not have a Membership.

ACCOUNTS AND SECURITY.

To access the Services, you must have an account. You must maintain and are responsible for, the confidentiality of your login and password. If requested, you must provide us with a form of identification to verify your identity.

ACCOUNTS AND SECURITY.

To access the Services, you must have an account. You must maintain and are responsible for, the confidentiality of your login and password. If requested, you must provide us with a form of identification to verify your identity.

You may not use our Services if:

• Children are not eligible to use our Services, and we ask that anyone under the age of 18 years old not submit any personal information to us. Our Services are not directed at anyone under the age of 18 years old. We also do not collect or maintain personally identifiable information from those Users who we know are under the age of 18 years old. Should we learn or be notified that we have collected information from Users under the age of 18 years old, we will immediately delete such personally identifiable information.
• You have previously been banned from using our Services or similar services.
• The Company cannot be held liable for actions of any nature committed by any User, including any such actions in the course of any events which are organized by the Company or by others using the Services.

CONDITIONS OF ADMISSION.

You must agree to these Terms & Conditions in order to use our Services. They govern your use of our Services. If you do not accept the Privacy Policy and these Terms & Conditions, you are not entitled to access our Services. By using our Services, you represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside. Company may charge to access special or unique services.

CONDITIONS OF ACCESS.

• You shall login via your created credentials or social media service login when signing up to our Services.
• You may be required to verify that each party is consenting to services via email.
• Each Member shall take care not to disclose strictly personal information.
• We will take any necessary measures to halt fraudulent behavior.
• Each User undertakes not to carry out any action likely to hinder the operation of the Services and undertakes not to disseminate or arrange for the dissemination of viruses, spam, logic bombs, etc.

AUTOMATIC PAYMENTS.

You must agree to these Terms & Conditions in order to use our Services. They govern your use of our Services. If you do not accept the Privacy Policy and these Terms & Conditions, you are not entitled to access our Services. By using our Services, you represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside. Company may charge to access special or unique services.

CANCELLATION OF FREE MEMBERSHIP.

You may cancel your free Membership at any time before your first billing cycle date. You may cancel by logging into your account on the Applications and following the links.

THIRD PARTY INTEGRATION.

In providing the Service, Company may make available various third party tools. These are processed respectively by Apple (App Store) and Google Play Store (Android) and are subject to their respective terms and conditions. Company is not responsible for the performance of any third party services or their security of their service.

COLLECTION AND RETENTION OF PERSONAL INFORMATION.

We explain what we do and don’t do with your data in our Privacy Policy.

CHANGES.

The Company may update and amend these Terms & Conditions at any time and the Company will make the updated Terms & Conditions available through the Services. You understand and agree that you will be deemed to have accepted the updated Terms & Conditions if you use the Services after the updated Terms & Conditions are made available to you. If at any point you do not agree to any part of the Terms & Conditions in operation, you should immediately stop using the Services.

• You acknowledge and agree that the Company may make changes to, or stop providing, the Apps, and/or the Services, or restrict your use of the Apps, and/or the Services, at any time without notifying you in advance.
• You are solely responsible for all data, SMS, mobile carrier, Internet and telecommunications fees and charges incurred in connection with your use of the Apps, and/or the Services.
• You acknowledge and agree that the Company can disable or deny you access to the Apps, and/or the Services, without notifying you in advance, for any reason or no reason including, without limitation, for any violation of these Terms & Conditions and/or if the Company suspects that you have used any aspect of the Services to conduct any fraudulent or illegal activity. If the Company disables your access to your account, you may be prevented from accessing the Services, your account details or any materials contained in your account.

LICENSE TO USE AND INSTALL.

Subject to the terms and conditions of this Agreement and for the sole purpose of using the Services, the Company hereby grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to:

• Install any or all of the Mobile Apps on one or more mobile devices which are owned by you, are under your control and which meet the Company’s minimum specifications;
• Install any or all of the Mobile Apps on one or more mobile devices which are owned by you, are under your control and which meet the Company’s minimum specifications;
• View, review and utilize the Apps and any related information provided to you by the Company.

USER CODE OF CONDUCT.

In using the Services, you must behave in a civil and respectful manner at all times. Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Sites at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense.

LINKS TO OTHER WEBSITES.

Our Services may contain links to other websites and to resources provided by third parties (“Other Sites”). The Other Sites are linked to provide information only and are solely for your convenience. The Company has no control over, does not accept and assumes no responsibility for the content or products or services of Other Sites and does not accept any responsibility for any loss or damage Page 3 of 8that may arise from your use of them. If you choose to access Other Sites, you do so at your own risk and on the terms and conditions and in accordance with the privacy policy (if applicable) of the Other Sites. Our Services may also feature advertising by third parties. By allowing third parties to advertise on our Services, the Company does not make any representations or warranties in respect of or endorse the products or services advertised.

INTELLECTUAL PROPERTY OWNERSHIP.

The Application, and the media and materials contained in the Application, including all intellectual property rights in the Application, are the sole and exclusive property of Kinetic Pilates, LLC. and its licensors. Except for the limited license expressly granted by and to you under these Terms, no other rights, licenses, or immunities are granted or shall be deemed to be granted under these Terms, either expressly, or by implication, estoppel or otherwise. All rights not expressly granted by Kinetic Pilates, LLC. in these Terms are expressly reserved.

DISPUTE PROCESS

THESE CLAUSES CONTAIN MANY OF YOUR RIGHTS IN CASE OF A DISPUTE, PLEASE REVIEW THESE RIGHTS CAREFULLY.

PROCESS

• CONTACT US- You agree to contact us with your complaint prior to filing for any dispute.
• FILE COMPLAINT – Both Parties agree that any dispute must be commenced or filed by you or Company within 1 year of the dispute. Otherwise the underlying claim is permanently barred.
• ARBITRATION – Both parties agree that (a) any arbitration will occur in the State of California, (b) arbitration will be confidential by in accordance with (“JAMS”), which are hereby incorporated, and (c) that the state or federal courts of California, respectively.

DISCLAIMER OF WARRANTIES

You understand and agree that your use of the Application and/or the Services is at your sole risk. The Application and the Services are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied (to the maximum extent permitted by applicable law). To the maximum extent permitted by applicable law, the Company expressly disclaims all warranties and conditions including, without limitation, warranties and conditions of satisfactory quality, merchantability, fitness for a particular purpose, non-infringement, and those arising from Program of dealing or usage of trade. The Company makes no warranty as to the accuracy, completeness or reliability of any materials, information or data available through, or the performance of, the Application and/or the Products. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the Company expressly disclaims all warranties and conditions to the maximum extent permitted by applicable law. We make no warranty whatsoever with respect to the services, including any (a) warranty of merchantability; or (b) warranty of fitness for a particular purpose; or (c) warranty of title; or (d) warranty against infringement of intellectual property rights of a third party; whether express or implied by law, Course of dealing, Course of performance, usage of trade or otherwise.

1. WE DO NOT PROVIDE MEDICAL ADVICE, USERS SHOULD CONSULT A DOCTOR PRIOR TO USING OUR SERVICES
2. WE DO NOT GUARANTEE ANY RESULTS AND RESULTS DEPENDS SOLELY ON THE COMMITMENT FROM THE USER.
3. WE ARE NOT RESPONSIBLE FOR ANY INJURY WHILE WORKING-OUT OR WHILE USING OUR SERVICES

LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL , THE COMPANY, ITS SUBSIDIARIES OR HOLDING COMPANY, ANY SUBSIDIARY OF ANY SUCH HOLDING COMPANY, AFFILIATES, SUCCESSORS, ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, WHETHER INDIVIDUALLY OR COLLECTIVELY (THE “RELATED PARTIES”), BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE ARE NOT LIABLE FOR ANY DAMAGING COMMUNICATIONS OR ACTIONS TO ANY USER CAUSED BY ANOTHER USERS DURING THE USE OF THE APP OR PHYSICAL ACTIVITY BY THE APPLICATION. ANY WORKOUT IS NOT A GUARANTEE OF SAFETY ON THE APPLICATION. YOU ARE RESPONSIBLE FOR YOUR OWN SAFETY ON THE APPLICATION AND WHEN WORKING OUT. THE RELATED PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL ARISING OUT OF THE USE OF THE SERVICES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OR TO THE EXTENT APPLICABLE LAW DOES NOT PERMIT THE LIMITATIONS IN THIS CLAUSE, THE RELATED PARTIES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES DURING THE TERM OF YOUR MEMBERSHIP OR SUBSCRIPTION TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN ALL CASES, THE RELATED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
THE RELEASES HEREUNDER ARE INTENDED TO APPLY TO ALL CLAIMS NOT KNOWN OR SUSPECTED TO EXIST WITH THE INTENT OF WAIVING THE EFFECT OF LAWS REQUIRING THE INTENT TO RELEASE FUTURE UNKNOWN CLAIMS.

FORCE MAJEURE.

FORCE MAJEURE.For the purposes of this clause, “Force Majeure Event” means any act or event beyond the reasonable control of the Company, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks. In the event of a Force Majeure Event that results in Services being unable to be provided for 14 days or more, either party may terminate this Agreement with immediate effect upon written notice to the other and neither party will have the right to claim compensation from the other. The Company will not be liable for any failure to perform or any delay in performance of, any of its obligations under these Terms & Conditions caused by a Force Majeure Event.

INDEMNIFICATION.

You agree to, and you hereby, defend, indemnify, and hold the Related Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Related Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter:

• Your use of the Services and your activities in connection with the Services,
• Your breach or alleged breach of this Agreement or any additional terms
• Your breach or alleged breach of this Agreement or any additional terms

You will cooperate as fully required by Related Parties in the defense of any Claims and Losses. Notwithstanding the foregoing, Related Parties retain the exclusive right to settle, compromise, and any and all Claims and Losses. Related Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Related Party.

NOTICE; INFORMAL DISPUTE RESOLUTION.

You and Kinetic Pilates, LLC agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Kinetic Pilates, LLC shall be sent to: social@atomicpilates.com.
Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your Kinetic Pilates, LLC account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with this agreement and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and Kinetic Pilates, LLC. cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Kinetic Pilates, LLC. may, as appropriate and in accordance with this Section, commence an arbitration proceeding or, to the extent specifically provided for or, file a claim in court.

PROCESS.

EXCEPT FOR DISPUTES ARISING OUT OF OR RELATED TO A VIOLATION OF SECTION OR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND Kinetic Pilates LLC AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR Kinetic Pilates LLC WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND Kinetic Pilates LLC WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE). YOU AND Kinetic Pilates LLC agree that (a) any arbitration will occur in the State of California, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference, and (c) that the state or federal courts of the State of California, respectively, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.

AUTHORITY OF ARBITRATOR.

As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

RULES OF JAMS.

The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge or agree that you have read and understand the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

OPT-OUT RIGHT.

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section by writing to: Kinetic Pilates LLC. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration.

WAIVER OF JURY TRIAL.

With the exception of your agreement to waive any right to a jury trial or to participate in a class action, if any other provision in this Section is held to be illegal, invalid or unenforceable, such provision shall be fully severable, this Sectionshall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this section, and the remaining provisions of this section shall remain in full force and effect. Furthermore, in lieu of such illegal, invalid or unenforceable provision, there shall be added automatically as part of this Section a legal, valid and enforceable provision as similar as possible to the former provision.

ENTIRE AGREEMENT.

These Terms & Conditions and the Privacy Policy contain the entire Agreement between you and the Company. If any provision of this Agreement is held by any competent court or authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.

WAIVER.

No waiver by the Company of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision.

ASSIGNMENT.

The Company may assign its rights under these Terms & Conditions to any person or entity without your consent. The rights granted to you under these Terms & Conditions may not be assigned without the Company’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.

GOVERNING LAW AND VENUE.

These Terms, your access to and use of the Application and your order, receipt and use of the Services shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to conflict of law rules or principles (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of California and the United States, respectively, sitting in the State of California.

Contact.

For comments, concerns, or questions in regard to our Terms and Conditions, please contact us below:
Kinetic Pilates, LLC.
EMAIL: social@atomicpilates.com