Terms of Service
General
PLEASE READ THESE TERMS OF USE CAREFULLY
These Terms of Service (these “Terms”) form a legally binding agreement between you (the
“Customer” or “you” or “your”) and Palates and Your Palate (the “Company,” “us,” or
“we”) (each, a “Party” and collectively, the “Parties”). These Terms govern your use of the
website located at www.pilatesandyourpalate.com (the “Site”) and any services available
therein or as may be further described by these Terms (the “Services”). You will be required
to click accept these Terms in order to use our Site or Services. By accessing and continuing
to use our Site and Services you acknowledge and agree that you have read, understood, and
agree to be bound by these Terms, our Privacy Policy, our Submission content rules, and any
other additional terms which we may make available to you from time to time (collectively,
the “Agreement”) and you represent and warrant that you have the right, authority, and
capacity to enter into these Terms (on behalf of yourself or the entity that you represent). If
you do not agree to the Terms, you should not use our Site or Services. We reserve the right
to update and modify these Terms at any time, so please review them frequently. Your
continued use of our Site or Services will signify your acceptance of any changes to these
terms.
Disclaimer
OUR SITE CONTENTS AND SERVICES (INCLUDING TEXT, IMAGES, LINKS, RESOURCES, AND
BLOG POSTS) ARE FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. NOTHING ON
THIS SITE OR SERVICES SHOULD BE CONSTRUED AS LEGAL, FINANCIAL, TAX, MEDICAL, OR
ANY OTHER KIND OF PROFESSIONAL ADVICE. THE CONTENT IS NOT INTENDED TO BE A
SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS
SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY
QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD
PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU
HAVE READ ON THIS SITE. WE DO NOT WARRANT THAT THE SITE OR ITS CONTENTS WILL BE
ERROR-FREE, ACCURATE, TIMELY, OR RELIABLE, ALTHOUGH EFFORTS WILL BE MADE TO
CORRECT ERRORS WHEN FOUND. RELIANCE ON ANY INFORMATION PROVIDED BY THIS SITE
IS SOLELY AT YOUR OWN RISK.
Definitions
“Applicable Law” means any and all applicable federal, state, local, or international laws,
statutes, ordinances, rules, regulations, or court orders by any governmental authority,
department, or agency thereof, including, without limitation, any court of competent
jurisdiction or any agency.
“Intellectual Property Rights” means patent rights (including, without limitation, the right
to make, use, sell and import), trademark rights (including, without limitation, trade names,
trademarks, service marks, logos, and trade dress), mask work rights, copyright rights
(including, without limitation, the right to use, reproduce, modify, distribute, publicly
display and publicly perform the copyrighted work), trade secrets, moral rights, right of
publicity, right of privacy, authors’ rights, contract and licensing rights, goodwill and all other
intellectual property rights as may exist now or hereafter come into existence and all
renewals and extensions thereof, regardless of whether those rights arise under the laws of
the United States or any other state, country or jurisdiction throughout the world.
“Submission” means any communication, information, content, or other material submitted
by any Registered User in connection with the use of the Services.
Prohibited Uses
In connection with your use of the Site, you agree that you will not:
• Upload or transmit any message, information, data, text, software, or images,
including, without limitation, any content, that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, or otherwise objectionable, or that may invade another’s right of
privacy or publicity;
• Create a false identity for the purpose of misleading others or impersonate any
person or entity, including, without limitation, any Company representative, or
falsely state or otherwise misrepresent your affiliation with a person or entity;
• Upload or transmit any material, including, without limitation, any content,
that you do not have a right to reproduce, display or transmit under any law or
under contractual or fiduciary relationships (such as nondisclosure
agreements);
• Upload or transmit any files or material, including, without limitation, any
content, that contains viruses, trojan horses, worms, time bombs, cancel-bots,
corrupted files, or any other similar software or programs that may damage
the operation of the Site, the Services, another’s computer, or property of
another;
• Delete any author attributions, legal notices, or proprietary designations or
labels that you upload to any communication feature;
• Violate any Applicable Laws;
• Upload or transmit any material that infringes or misappropriates the
Intellectual Property Rights of any third party;
• Delete or revise any material posted by any other person or entity;
• Manipulate or otherwise display the Site by using framing, mirroring, or similar
navigational technology or directly link to any subdomain of the Site;
• Probe, scan, test the vulnerability of or breach the authentication measures
of, the Site or any related networks or systems;
• Register, subscribe, or unsubscribe or attempt to register, subscribe, or
unsubscribe, any individual or entity for any Services without express
authorization from such individual or entity;
• Harvest or otherwise collect information about others, including e-mail
addresses; or
• Use any robot, spider, scraper, or other automated or manual means to access
this Site or copy any content or information on the Site.
The Company reserves the right to take whatever lawful actions it may deem appropriate in
response to actual or suspected violations of the foregoing, including, without limitation, the
suspension or termination of your access to Our Site and Services. The Company may
cooperate with legal authorities and/or third parties in the investigation of any suspected or
alleged crime or civil wrong. Except as may be expressly limited by our privacy policy,
incorporated into these Terms by this reference (our “Privacy Policy”), the Company
reserves the right at all times to disclose any information as the Company deems necessary
to satisfy Applicable Laws, or to edit, refuse to post or to remove any information or
materials, in whole or in part, in the Company's sole discretion.
Third Party Links
The Services may contain links to certain third-party sites. These sites are not under the
control of the Company. In addition, third-party sites may contain links to our Site. The
Company is not responsible or liable for, and makes no representations or warranties
concerning, the content or material of any such third-party sites. The fact that the Site or
the Services contain a link to any third-party site, or that a third-party site has provided a
link to this Site, does not constitute an endorsement, authorization, sponsorship, or
affiliation between the Company and such third-party site’s owners, operators, or
maintainers. You acknowledge that any services, content, material, or information provided
through such third-party sites are accessed at your own risk. The Company is not responsible
or liable for, and makes no representations or warranties with respect to, any particular
information, software, products, services, or content found on any linked third-party sites,
including, without limitation, the appropriateness of any products, services, or transactions
described therein.
Registration
In order to access and use some of the Services, such as the newsletter, you may be required
to provide certain personally identifiable information, the use of which is governed by our
Privacy Policy. You agree that any information provided by you is accurate, current, and
complete and will be kept accurate, current, and complete when using the Services. You
acknowledge that any outdated, incomplete, or inaccurate information provided by you may
adversely affect the performance of the Services. The Company may suspend, revoke, or
terminate your access to the Services (including your Registered User status) for any reason
or no reason at any time in the Company’s sole discretion without prior notice to you.
No Guarantees
We make no guarantees in regard to any of the recommendations or advice given on the
website or other services. While the advice provided may have worked for us or others, there
is no guarantee that it will also work for you, or that if you do the exact same steps, you will
see the same results. Please use and implement the advice at your own risk.
Ownership.
Ownership of the Site. Unless otherwise expressly stated, the Site and all content appearing
therein (including the compilation, collection, arrangement, placement, and assembly of all
content) is the copyrighted work of the Company and/or its third-party content providers and
is protected by U.S. and international copyright laws. Any unauthorized use of any content
may violate copyright laws, trademark laws, laws of privacy and/or publicity, and any other
Applicable Laws. The Company does not represent or warrant that your use of any content or
the Services will not infringe upon the rights of any third-party.
Ownership of User Submissions. You hereby grant to the Company an irrevocable, perpetual,
fully paid up, royalty-free, right to use, reproduce, edit, alter, display, transmit, prepare
derivate works of, modify, publish, and otherwise fully exploit any Submission for any
purpose related to the Services, including, without limitation, for the development,
diagnosis, and improvement of the Site, the Services, or any other products and/or services
hereinafter developed by the Company. By posting any Submission, you represent and
warrant that you own or otherwise fully control all of the rights to your Submission as
described in this “Ownership” section, including, without limitation, all the rights necessary
for you to provide, post, upload, input, or otherwise submit your Submission.
Treatment of User Submissions. Except as set forth in our Privacy Policy or unless otherwise
expressly stated in writing by the Company, any Submission by you will be considered non-
confidential. The Company has no obligation to preserve, return, or otherwise keep
confidential any Submission.
Representations; Warranties
Your Representations. You represent, warrant, and covenant (as applicable) that your use of
the Site, the Services, and any content available therein will be in compliance with all
Applicable Laws.
No Warranty; Interaction with Other Users. The Services may provide the ability for you to
interact with other users of the Site, for example, in commenting on a blog post. By using the
Services, you acknowledge that you are solely responsible for your interactions with other
users. You understand the Company does not conduct criminal background checks or attempt
to verify the identity of any user or visitor of the Site. In addition, the Company does not
attempt to verify the veracity of any message, claim, communication, or Submission by any
user of the Site. You are solely responsible for taking any precautions you deem necessary or
proper in all interactions with other users, particularly if you decide to communicate off the
Site or meet in person.
No Warranty; Performance of the Services. THE SERVICES ARE PROVIDED ON AN “AS IS,”
“WHERE IS,” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO, AND HEREBY DISCLAIMS
ANY, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO
THE SERVICES, OR THE AVAILABILITY, FUNCTIONALITY, PERFORMANCE, LOSS OF DATA OR
RESULTS OF USE OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, THE COMPANY
EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE SERVICES WILL BE ACCURATE, ERROR-FREE,
OR UNINTERRUPTED. FURTHER, THE COMPANY MAKES NO, AND HEREBY DISCLAIMS ANY,
EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO ANY PRODUCTS, GOODS, MATERIALS, OR
SERVICES BOUGHT OR SOLD THROUGH LINKS IN THE SITE, INCLUDING WITHOUT LIMITATION,
ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, OF FITNESS FOR ANY PARTICULAR
PURPOSE OR ARISING BY USAGE OF TRADE, NONINFRINGEMENT, COURSE OF DEALING OR
COURSE OF PERFORMANCE.
Indemnities
Your Indemnification Obligations. You shall defend, indemnify, and hold harmless (including
from and against reasonable attorneys’ fees, court costs, and damages awarded by a court of
competent jurisdiction) the Company and its directors, officers, employees, representatives,
agents, and assigns for and against any claims, actions, or proceedings (collectively,
“Claims”) relating to or arising out of your use of the Site, the Services, any willful
misconduct, or any breach of these Terms, including, without limitation, any
misrepresentation with respect to your ownership or ability to license any Submission
pursuant to the Ownership section above.
The Company’s Indemnification Obligations. The Company will indemnify you against any
Claim by any third party that the Services or the Site infringes upon such third party’s
Intellectual Property Rights. THE FOREGOING STATES THE ENTIRE INDEMNIFICATION
OBLIGATIONS OF THE COMPANY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO
INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR PROPRIETARY RIGHTS.
Limitations and Disclaimers.
Consequential Damages Waiver and Limitation of Liability. EXCEPT WITH RESPECT TO: (A)
EACH PARTY’S INDEMNIFICATION OBLIGATIONS AS SET OUT IN SECTION 9; OR (B) DAMAGES
ARISING FROM A PARTY’S GROSS NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT, IN NO EVENT
SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR CONSEQUENTIAL, SPECIAL,
INDIRECT, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, ANY COSTS OR EXPENSES IN
CONNECTION WITH THE REPLACEMENT OF ANY PRODUCTS, GOODS, MATERIALS, , OR SERVICES
BOUGHT OR SOLD THROUGH THE LINKS IN THE SITE, OR ANY OTHER LOSSES, LOST PROFITS,
LOSS OF DATA, OR OPPORTUNITY COSTS, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. EXCEPT WITH RESPECT TO: (A) EACH PARTY’S INDEMNIFICATION
OBLIGATIONS AS SET OUT IN SECTION 9; OR (B) DAMAGES ARISING FROM A PARTY’S GROSS
NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT, IN NO EVENT SHALL EITHER PARTY BE LIABLE
TO THE OTHER PARTY FOR ANY AMOUNTS IN EXCESS OF THE FEES PAID OR PAYABLE BY YOU TO
THE COMPANY DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT(S) GIVING
RISE TO THE LIABILITY. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT
(I.E., THE EXISTENCE OF MORE THAN ONE (1) CLAIM WILL NOT ENLARGE THIS LIMIT).
Miscellaneous.
Notice. All notices, requests, demands, and other communications required or permitted to
be given under these Terms shall be given via the Site or via any contact information given
directly by you.
Entire Agreement. These Terms and any additional policies or terms referenced herein or
hereinafter created, all of which are incorporated herein by this reference, constitute the
entire agreement between the Parties with respect to the subject matter hereof, and
supersede any prior negotiations, understandings, or agreements.
Modifications. These Terms may be amended, modified, or otherwise changed by the
Company at any time without notice to you.
Assignment. No Party may assign its rights or delegate its obligations under this Agreement
without the prior written consent of the other Party, and any attempted assignment or
delegation without such consent will be void and of no effect.
Governing Law. These Terms shall be governed by and construed and enforced in accordance
with the laws of the State of Florida.
Non-Waiver; Breach. Any waiver of any term and condition hereof must be in writing and
signed by the Party against whom it is sought to be asserted. A Party’s neglect or failure in
any case or circumstance to require performance of another Party’s obligations or to enforce
its rights in the event of a breach by the other Party will not affect such Party’s right to
enforce such rights and obligations in any other case or circumstance. A waiver of any
individual term or condition will not be construed as a waiver of any other term or condition
nor, unless so provided in such written waiver, of the term or condition thereby waived in the
event of a future or continuing breach by the other Party, except in the particular
circumstances in or for which such waiver was provided.
Severability. In the event any provision of these Terms is held to be invalid, illegal, or
unenforceable for any reason and in any respect, such invalidity, illegality, or
unenforceability shall in no event affect, prejudice, or disturb the validity of the remainder
of these Terms, which shall be and remain in full force and effect.
Equitable Remedies. The Parties acknowledge that a breach of these Terms could cause
irreparable harm for which damages would be an inadequate remedy. If any such breach
occurs or is threatened, the Company will be entitled to seek an injunction, a restraining
order, or any other equitable remedy. The Company would not need to post a bond or other
security or provide proof of actual damages.
Contact Us
If you have any specific questions about this Terms of Service, you may Contact Us online,
email us at lee@pilatesandyourpalate.com.