Please read these Terms of Service ("Agreement", "Terms of Service") carefully before using www.popinpilates.com ("the Site") operated by Pop In Studios LLC ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.popinpilates.com.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement. These Terms of Service set forth the legally binding terms for your use of Pop In Studios Services. You are only authorized to use the Pop In Studios Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Service. Please read these Terms of Service carefully and save it. If you do not agree with it, you should leave the Pop In Studios website and discontinue use of Pop In Studios Services immediately. If you wish to become a Member, you must read these Terms of Service and indicate your acceptance during the registration process.
In order to access some features of the website, you will have to create a Pop In Studios account. You may never use another person's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account.
Electronic Signatures and Agreements.
You acknowledge and agree that by clicking on the button labeled "CONFIRM PURCHASE," "SUBMIT", "DOWNLOAD", "PLACE MY ORDER", "I ACCEPT" or such similar links as may be designated by Pop In Studios to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES,
POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY Pop In Studios. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non- electronic records, or to payments or the granting of credits by other than electronic means.
MEMBER SERVICES AND POLICIES
CANCELLATIONS: As stated in the agreement, YOU MUST CANCEL RESERVATIONS 12 HOURS IN ADVANCE OR YOU WILL BE DEDUCTED THAT BOOKING. This includes switching time slots under the 12-hour notice time period. You may cancel slots through our online system.
PERSONAL BELONGINGS: You agree that Pop In Studios is in no way responsible for the safekeeping of your personal belongings while you are present in the studio. You assume all risk of loss for any of your personal belongings.
STUDIO RULES AND REGULATIONS
- All booked slots and membership packages are non- transferable and non-refundable. No exceptions. - Put away all equipment at the end of class. - Pilates reformer spots are assigned through our reservation system. - Reserved slots must be changed or canceled prior to 12 hours before its scheduled time or it will be forfeited.. - You should arrive at least 5 minutes prior to booked slot. LIMITATION OF LIABILITY
In checking the box below I agree that Pop In Studios, LLC is in no way responsible for the safekeeping of my personal belongings while I visit the studio. You understand that the private training sessions or services you use are operated and delivered by the applicable trainer and not by Pop In Studios. Although Pop In Studios endeavors to offer inventory that is of high quality, Pop In Studios is not responsible for the quality of any session or service. You understand that there are certain inherent risks and dangers in exercising and that the session you may attend offer a range of activity and intensity level. By signing up for a Pop In Studios account, you acknowledge and agree, on behalf of yourself, your heirs, personal representatives and/or assigns that you are aware of these risks which include, but are not limited to, property damage, illness and bodily injury or death. You acknowledge that some of these risks cannot be eliminated and you specifically assume the risk of injury or harm. You acknowledge and agree that it is your responsibility to consult with your primary care physician prior to participating and to determine if and how participating in any session or service is appropriate for you. You also understand and agree that the Site offers health and fitness information that is designed for informational, educational and entertainment purposes only. The use of any of the information provided on the Site is solely at your own risk. Therefore, to the fullest extent permitted by law, you release, indemnify, and hold harmless Pop In Studios, its parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages and liabilities arising out of or in any way related to your participation in or use of your Pop In Studios account or the Site, including with respect to bodily injury, physical harm, illness, death or property damage.
INTELLECTUAL PROPERTY AND TRADEMARKS
The content on the Pop In Studios website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Pop In Studios, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Pop In Studios reserves all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or services, provided by you to Company are non- confidential and shall become the sole property of Pop In Studios.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.
Pop In Pilate'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 Pop In Studios.
The Pop In Studios Services may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase Pop In Studios via your mobile phone, (ii) the ability to receive and reply to Pop In Studios messages, (iii) the ability to browse Pop In Studios from your mobile phone and (iv) the ability to access certain Pop In Studios features through a mobile application you have downloaded and installed on your mobile phone (collectively the "Mobile Services"). We do not charge for these Mobile Services. However, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding Pop In Studios and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
THIRD PARTY SITES
Our Site may contain links to third-party sites that are not owned or controlled by Pop In Studios LLC.
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of California, USA, without giving effect to any principles of conflicts of law.
CHANGES TO THIS AGREEMENT
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.
We encourage you to review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
These Terms of Service shall remain in full force and effect while you use the Pop In Studios Services or are a Member. You may terminate your account at any time, for any reason, by following the instructions on the "My Account" page. Pop In Studios may terminate your membership at any time, without warning, if you breach these Terms of Service. Even after membership is terminated, these Terms of Service will remain in effect.
You acknowledge that Pop In Studios charges fees for its services, and Pop In Studios reserves the right to change its fees from time to time in its discretion. If Pop In Studios terminates your account because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of bookings, membership or other fees.
When you sign up for member Services, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify Pop In Studios immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
ENTIRE AGREEMENT; NO WAIVER
If you have any questions about these Terms of Service, the practices of Pop In Studios or its services, or your dealings with this site, please contact us at:
Pop In Studios
1617 Cosmo St #106
Los Angeles, CA 90028
These Terms of Service have been updated and effective as of July 2016.
Effective Date: July 1, 2016