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Core strength, balance, flexibility, improved posture – need I say more? Reach your ultimate health and fitness goals through personalized one-on-one and small group studio training.
Email: stephanie@sayezz.com
Call Us: +1626-696-3728
 

Terms and Conditions

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Effective Date – July 22, 2013

Updated – July 28, 2015

This Terms and Conditions Agreement (the “Agreement“) is between you and Sayezz Pilates & Beyond (“Sayezz“). Sayezz is a sole proprietorship registered in the state of California and operates as an in-person training and online health and fitness resource under the distribution platform, www.sayezz.com (the “Site“), operated by Sayezz.

Acceptance of Terms

The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Sites and Services constitutes your agreement to all such terms, conditions, and notices.

Personal Service

The services provided by the Site (the “Services“) are made available for your personal, non-commercial use only. You may not use the Services to sell a product or service, or to increase traffic to your business for commercial reasons, such as advertising sales. If you want to make commercial use of our Services, you must enter into an agreement and do so in advance.

Release

You expressly agree to release and discharge Sayezz and any other instructor and each of their respective parents, subsidiaries, related and affiliated companies, licensees, sponsors, successors, assigns and the directors, officers, employees, agents contractors, partners, shareholders, representatives and members of the foregoing entities or other persons affiliated with the Sites (the “Released Parties“) from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against the Released Parties for personal injury or property loss.

Use of the Service

You understand that physical exercise can be strenuous and can expose you to the risk of serious injury. We urge you to obtain a physical examination from a doctor before participating in any exercise activity.

You voluntarily assume any and all risks, known or unknown, associated with your use of the Service (collectively “Your Participation“). You acknowledge that Your Participation may present certain risks, and hereby assume any and all risks associated therewith, including, without limitation, the risk of physical or mental or emotional injury, minor and/or severe bodily harm, death, and/or illness, which arise by any means, including, without limitation: acts, omissions, recommendations or advice given by Sayezz or any of the Released Parties.

Notwithstanding the foregoing, you hereby agree to voluntarily accept and assume any and all such risks as well as any risks not mentioned herein that are in any way associated with Your Participation. You agree that by participating in physical exercise or training activities you do so entirely at your own risk.

Modification Of These Terms Of Use

Sayezz reserves the right to change the terms, conditions, and notices under which the Site is offered, including but not limited to the charges associated with the use of the Services.

Registration Information

The Site is not directed at children under eighteen years of age, and by providing information about yourself to Sayezz you are representing that you are eighteen years of age or older and 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 registration form available on the Site and (b) maintain and promptly update your 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, Sayezz 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.

No Sharing of Account Information

You agree that you will not share your username and password with others. Excessive usage of the Site will be assumed by Sayezz to be fraudulent use and your account will be immediately cancelled without a refund.

Subscription Cancellation

You can cancel your subscription at any time and you will not be charged again. Sayezz does not refund or prorate any paid and unused subscription.

Upon registration, you are automatically enrolled in a weekly e-mail subscription to the Sayezz newsletter. You will only receive the newsletter when new posts are created and can unsubscribe at any time by clicking the “unsubscribe” button at the bottom of the e-mail and following the prompts.

Links To Third Party Websites

The Site may contain links to other websites (the “Linked Sites“). The Linked Sites are not under the control of Sayezz and Sayezz 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. Sayezz is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Sayezz of the site or any association with its operators.

No Unlawful or Prohibited Use

As a condition of your use of the Site, you warrant to Sayezz that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party´s use and enjoyment of the Site.

You may not send automated queries of any sort to the Site without express permission in advance from Sayezz. 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 Site in any manner.

Copyrighted Content

The Site contains copyrighted material owned by Sayezz. You may not obtain or attempt to obtain any copyrighted materials or information through any means not intentionally made available or provided for through the Site.

You may not send automated queries of any sort to the Site without express permission in advance from Sayezz. 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 Site in any manner.

Trademarks, Names and Logos

All trademarks, names and logos used on the Site or delivered via the Services are either owned by Sayezz or a use right has been granted to Sayezz. 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 Site. No license is expressly granted within or as a result of your use of the Site or Services. Without the prior permission of Sayezz, 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 logos featured on the Site for which you do not have personal rights.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services“), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

 

* Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

* Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

* Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

* Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another´s computer.

* Advertise or offer to sell or buy any goods or services for any business purpose.

* Conduct or forward surveys, contests, pyramid schemes or chain letters.

* Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

* Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

* Restrict or inhibit any other user from using and enjoying the Communication Services.

* Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service.

* Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

* Violate any applicable laws or regulations.

Sayezz has no obligation to monitor the Communication Services. However , Sayezz reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Sayezz reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Sayezz reserves the right at all times, in her sole discretion, to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Materials Provided To Sayezz Or Posted On The Site

Sayezz does not claim ownership of the materials you provide to Sayezz (including feedback and suggestions) or post, upload, input or submit to the Site or its associated services (collectively “Submissions“). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Sayezz permission to use your Submission in connection with the operation of her business including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Sayezz is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Sayezz´s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of 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.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Sayezz AND/OR HER SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

 

SAYEZZ AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Sayezz AND/OR HER SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, Of Sayezz FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SAYEZZ AND/OR HER SUPPLIERS BE 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 RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SAYEZZ OR ANY OF HER SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination and Access Restriction

Sayezz reserves the right, in her sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.

Privacy Policy

Sayezz respects your privacy and permits you to control certain aspects of the treatment of your personal information as set forth in our Privacy Policy. The Privacy Policy is expressly incorporated into this Agreement by this reference.

General

Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of this Terms Of Use Agreement, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sayezz as a result of this agreement or use of the Site. Sayezz´s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Sayezz´s 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 Sayezz 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.

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Sayezz with respect to the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Sayezz with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.

This Agreement and your agreement to it and to use of the Site and Services are for the benefit of Sayezz and its affiliates, successors or assigns.

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