Terms and Conditions
Autumn Needles Pilates and Fitness LLC (“ANPF”) is pleased to provide you with non-exclusive access to and use of the Autumn Needles Pilates and Fitness website located at autumnneedles.com (hereinafter, the “Site”), and the content, subscriptions, products, goods, equipment, promotions, software, technology and other materials available via the Site (collectively, the “ANPF Offerings”). ANPF Offerings also expressly include all coaching, training and consulting services offered through the Site.
The ANPF Offerings are not intended for anyone under the age of 18.
1.Contract Between You and ANPF
For information and terms for ANPF’s standard fitness and wellness content service, please visit: www.autumnneedles.com
2. Changes to These Terms
We may in our sole and absolute discretion amend these Terms from time to time to comply with changes in the law, or to meet our evolving business needs. Updated versions will be posted to the Site and shall be effective on the date of posting. For those users whose use of the ANPF Offerings predated the updated Terms, the applicable revisions shall be effective 30 days after posting unless otherwise stated. If you do not agree with any of the changes, you must discontinue use of all ANPF Offerings and notify ANPF in writing of such disagreement and discontinuation within thirty (30) days of posting. By continuing to use any ANPF Offerings after the expiration of this thirty (30) day period, your acceptance of the updated Terms will become irrevocable.
These Terms may only be modified by an officer of ANPF; no employees, customer service representatives, or other agents are authorized to modify or change any provision of these Terms, and any impermissible revisions communicated by any such individual in violation of these Terms shall be null and void.
3.Membership; Payment; Refund Policy; Individual Services
Membership & Pricing:
Upon establishing login credentials (i.e., a username and password) to access the Site, you will become a “Registrant”. If you choose to purchase or subscribe for additional content you will become a “Member” and will be granted Member-only access to the ANPF course materials and/or videos (“Member Materials”) included in the product package you purchased. Subscriptions for content offerings (each a “Subscription”) may be purchased by following the directions on the Site. If you purchase, renew, or re-activate a Subscription, you agree to pay the then-current subscription fee listed on the Site for each such Subscription (“Subscription Fee”). ANPF may offer promotional, introductory, or other special rates (“Special Rates”) from time to time. Please review any additional terms and conditions that may apply in conjunction with the Special Rate offer when signing up.
You hereby authorize ANPF to bill your credit card, debit card, or other payment account (each a “Payment Method”), as applicable, for products, Subscriptions, or other content offerings (collectively, “ANPF Content”) you purchase on the Site. ANPF may use third parties or third-party payment platforms to process payments for ANPF Content. Prices for ANPF Content listed on the Site, including Subscription Fees, are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies, or duties. You acknowledge that the Payment Method you used to purchase a Subscription will be charged at the intervals consistent with each Subscription’s offerings. If any Subscription Fee is rejected or otherwise unable to be processed for any reason, ANPF may, but is not required, to provide you, via email, notice of such non-payment and a link for you to update your payment information. If such non-payment is not remedied within seven (7) days after receiving such notice of non-payment, ANPF may terminate your Subscription.
Subscription Fees are only refundable in the event of a fraudulent charge. Subscribers may terminate their subscription any time before the renewal date provided in their Subscription (monthly or annual). For any questions, please contact us through the contact form on the Site.
ANPF may offer individual training, coaching or group classes through or in connection with the Site. Fees for such services will be as publicized on the Site or as agreed to between ANPF and the customer. Payment will be handled by credit card and subject to the terms set forth in the Payment section hereof.
4. Intellectual Property; Limited License to ANPF Offerings
All Member Materials, advice, information, services, and other content, including movements and movement sequences contained in and/or demonstrated to you in any ANPF Offerings, and their accompanying descriptions, (the “Works”), are owned by Autumn Needles Pilates and Fitness LLC and are protected by the copyright laws of the United States and other countries. These Works are provided to you under license pursuant to the these Terms unless otherwise agreed in writing. Your sole interest in the Works consists of the limited, non-exclusive rights licensed to you by these Terms.
For any ANPF Offerings you purchase that enable you to use video content, software, or other materials owned or licensed by us, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the applicable ANPF Offerings, and any related software, content, or other materials FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY. None of the materials included with ANPF Offerings may be copied, shared, or distributed at any time except as otherwise expressly provided (i.e., download of purchased courses or modules).
Any use of the ANPF Offerings other than as specifically authorized by these Terms, without the prior written consent of ANPF, is strictly prohibited and will automatically terminate the license granted herein without further action by ANPF. Such unauthorized use may also violate applicable laws such as, but not limited to, copyright and trademark laws. This license granted herein is revocable at any time in ANPF’s sole discretion.
5. Trademark Notices
The Autumn Needles Pilates and Fitness logo, and other Site marks, graphics, logos, designs, page headers, button icons, scripts and service names are trademarks or trade dress of ANPF in the U.S. and/or other countries. ANPF’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of ANPF. All other trademarks and logos displayed on the Site are the property of their respective owners.
You are prohibited from, and expressly agree that you will not: (i) circumvent or disable any content protection system or digital rights management technology used with any ANPF Offerings; (ii) decompile, reverse engineer, disassemble or otherwise reduce any ANPF Offerings to a human-readable form; (iii) remove identification, copyright or other proprietary notices in or on the ANPF Offerings; (iv) access or use any ANPF Offerings in an unlawful or unauthorized manner or in a manner that suggests an association with our content, products, services or brands, unless you have an executed agreement with us that allows for such activity; (v) use, alter, copy, modify, store, sell, reproduce, distribute, republish, download, publicly perform, display, post, transmit, create derivative works of, or exploit any ANPF Offerings or any part thereof, except as expressly authorized in these Terms or as part of the ANPF Offerings provided to you; (vi) introduce a virus or other harmful component, or otherwise tamper with, impair or damage any ANPF Offerings or connected network, or interfere with any person or entity’s use or enjoyment of any ANPF Offerings; (vii) access, monitor, or copy any element of the ANPF Offerings using a robot, spider, scraper or other automated means or manual process without our express written permission; or (viii) sell, resell, or make commercial use of the ANPF Offerings, unless you have an executed agreement with us that expressly allows for such activity. You may not access or use any ANPF Offering in violation of United States export control and economic sanctions requirements. By accessing or otherwise using any services, content or software through any ANPF Offerings, you represent and warrant that: (ix) your access to and use of the ANPF Offerings, or any content or software therein, will comply with any and all requirements in these Terms; (x) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a terrorist supporting country, and that you are not listed on any U.S. government list of prohibited or restricted parties; and (xi) you will comply with all applicable local, national, and international laws, rules, regulations and ordinances in connection with your use of any ANPF Offerings and our Site.
7. User Content; User Conduct
Certain ANPF Offerings may include public forums, consisting of, without limitation, discussion forums, message boards, blogs, chat rooms or instant messaging features. You acknowledge these public forums are for public and not private communications. You further acknowledge that any user generated content you upload, submit, post, transmit, communicate, share or exchange by means of any public forum may be viewed on the Internet by the general public, and therefore, you have no expectation of privacy with regard to any such submission or posting. You are, and shall remain, solely responsible for the content you upload, submit, post, transmit, communicate, share or exchange by means of any public forum and for the consequences of submitting or posting same.
You may only use the ANPF Offerings for lawful purposes, and you are prohibited from using them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of any ANPF Offerings. In using any ANPF Offerings, you expressly acknowledge that you are prohibited from, and agree that you will not without our prior written consent:
- copy, reproduce, or improperly use or access any Member Materials or content on our Site;
- modify, distribute, or re-post any Member Materials or content from our Site for any purpose;
- use Member Materials or the content on our Site for any commercial purpose whatsoever;
- disrupt or interfere with the security of, or otherwise abuse, our Site, or any ANPF Offering, system resources, accounts, servers, or networks connected to or accessible through our Site or affiliated or linked sites;
- access content, data or portions of our Site that are not intended for you, or log onto a server or account that you are not authorized to access;
- attempt to probe, scan, or test the vulnerability of the ANPF Offerings, including the Site, applications, or any associated system or network, or breach security or authentication measures without proper authorization;
- access any ANPF Offerings or our Site through any automated means, such as “robots,” “spiders,” or “offline readers”;
- interfere or attempt to interfere with the use of our Site or applications or the ANPF Offerings by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;
- use any data mining, “scraping”, web crawling, robots, or similar data gathering and extraction methods on our Site;
- 10.harass, “stalk”, disrupt or interfere with any other user’s enjoyment of our Site or affiliated or linked sites;
- upload, post, or otherwise transmit through or on our websites any viruses or other harmful, disruptive, or destructive files;
- 12.use, frame, or utilize framing techniques to enclose any ANPF trademark, logo, or other proprietary information (including the images found at our Site, the content of any text, or the layout/design of any page or form contained on a page) without ANPF’s express written consent;
- 13.use meta tags or any other “hidden text” utilizing a ANPF name, trademark, or product name without ANPF’s express written consent;
- 14.deeplink to our Site without ANPF’s express written consent;
- 15.create or use a false identity on our Site, share your account information, or allow any person besides yourself to use your account to access our Site;
- 16.harvest or otherwise collect information about ANPF users, including email addresses and phone numbers;
- 17.download, “rip,” or otherwise attempt to obtain unauthorized access to any ANPF Offerings, content, or other materials; and
- 18.post any copyrighted material unless the copyright is owned by you.
8. Account Access; Passwords
To access certain features of the ANPF Offerings, you must create an account.
Members/Subscribers to ANPF Offerings may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any Member/Subscriber in ANPF’s sole determination, may be construed by ANPF as fraudulent use of the Site resulting in the immediate cancellation of the applicable Membership/Subscription without refund. When becoming a ANPF Member/Subscriber you agree to take reasonably prudent steps to protect your username and password from fraudulent use. ANPF reserves the right to cancel any ANPF Membership/Subscription it believes has been compromised, or is being used fraudulently, in its sole and absolute discretion.
If you register for certain ANPF Offerings, you will be required to choose a password and email address, and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify ANPF of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another Subscriber’s account without prior authorization from ANPF. ANPF will not be liable for any loss or damage arising from your failure to comply with these Terms.
9. Your Contact with Advertisers or Third-Party Vendors
Your dealings with advertisers and third-party vendors found on or through the ANPF Offerings (each a “Unrelated Party”), including your participation in promotions, the purchase of goods, and any terms, conditions, warranties, or representations associated with such activities, are solely between you and the Unrelated Party. ANPF does not make any representations or warranties with respect to any goods or services that may be obtained from such Unrelated Parties and you agree that ANPF will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with, the use of, or reliance on any content, goods, services, information or other materials promised or provided by any Unrelated Party. You acknowledge that Unrelated Parties usually have their own terms and conditions, including privacy policies, over which ANPF has no control, and which will govern your rights and obligations with respect to the use of those websites.
You acknowledge that the exercises and movements that are presented in Member Materials and other videos and classes available via ANPF Offerings are moderate to vigorous physical activities that carry a risk of injury. You hereby release and discharge ANPF and any affiliates and performers of these videos and classes (collectively, “ANPF Affiliates”) from any and all claims, suits, rights of action, losses, charges, damages, demands, debts or causes of action, in law or in equity, that you have, or may come to have, against the ANPF Affiliates, arising out of, or relating to, your viewing or practice of the movements and exercises presented within these videos and classes. You understand and acknowledge that this Release is a condition precedent to your access to Member Materials and other content available through ANPF Offerings.
12. Limitation of Liability
YOU UNDERSTAND AND AGREE THAT ANPF IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, ANPF OFFERINGS, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS OR AND WEB SITE, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR ACCOUNT,(4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE, (5) RELIANCE ON CONTENT OR USER CONTENT OR POSTINGS ON OUR SITE, OR (6) ANY OTHER MATTER RELATING TO OUR SITE OR ANPF OFFERINGS. THESE LIMITATIONS WILL APPLY WHETHER OR NOT ANPF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN NO EVENT WILL ANPF’S DIRECT LIABILITY HEREUNDER EXCEED $100.00.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Fitness and Health Disclaimer
Although ANPF provides its services with your health and safety in mind, it is critical that you consult your physician, follow all provided safety and other instructions, and obtain authorization before accessing or using any ANPF Offerings, especially if you are prone to injuries, are pregnant or nursing, or have any other unique or special medical conditions. The ANPF Offerings are provided for informational purposes only, and are not intended to diagnose or treat any medical condition, or serve as a substitute for the advice of a healthcare professional. The information made available on or through the ANPF Offerings should not be relied upon when making medical decisions. YOUR USE OF ANY ANPF OFFERINGS DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND ANPF. Your individual results using ANPF Offerings may vary. ANPF expressly disclaims any liability for loss or injury in connection with the movements and exercises demonstrated or discussed in Member Materials or other ANPF Offerings.
14. International Users
Our Site is controlled, operated, and administered by ANPF from our offices within the United States of America. ANPF makes no representation or warranty that the materials contained within our Site are appropriate or available for use at other locations outside of the United States, and access to them from territories where the contents or products available through the Site are illegal is prohibited. You may not use the Site or export the content or products in violation of U.S. export laws and regulations. If you access our Site from a location outside of the United States, you are responsible for compliance with any and all local laws, rules, regulations and ordinances.
15. Governing Law
The laws of the State of Washington and the United States, will exclusively govern these Terms and Conditions without regard to conflict of law principles, and any dispute between you and ANPF.
16. Limitation of Actions Brought Against ANPF
You agree that any claim or cause of action arising out of your use of the ANPF Offerings must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by ANPF to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that provision or right.
If you have any questions or concerns with respect to the ANPF Offerings or these Terms, you may contact a representative of ANPF through the contact form on this Site or by mail at:
8329 Earl Ave NW, Seattle, WA 98117