TERMS & CONDITIONS

TERMS OF SERVICE

Welcome to the PILATESXCO LLC website, Pilatesxco.com (the “Site”), owned and operated by PILATESXCO LLC. These terms and conditions (the “Terms”) govern your use of the Site and PILATESXCO LLC’s studio services, classes, applications, and products.

1. Agreement to Terms By accessing or using this Site, you agree to be bound by these Terms. If you do not agree, you should not use the site. PILATESXCO LLC reserves the right to update these Terms at any time. Material changes will be posted here with a "Last Updated" date. Continued use of the Site following changes constitutes your acceptance of the revised Terms.

2. Intellectual Property and Proprietary Rights The Site and all content including text, graphics, the PILATESX trademark, artwork, photographs, and the “look and feel” of our studio branding (collectively “Materials and Content”) are the sole property of PILATESXCO LLC or our licensors. These are protected by U.S. and California laws regarding copyright, trademark, and trade dress. You may not copy, reproduce, or distribute any Materials and Content for commercial purposes without our express written consent.

3. Limited License and Use Restrictions We grant you a personal, limited, non-exclusive, non-transferable license to access the Site solely for your personal, non-commercial use (e.g., booking classes at our Dublin studio).

4. Right to Modify Services (California Compliance) PILATESXCO LLC reserves the right to revise memberships, class schedules, and products at any time. While we reserve the right to discontinue aspects of the Site or studio services, any material changes to active, prepaid membership contracts will be handled in accordance with California Civil Code Section 1812.80, ensuring that the value of your purchased services is honored or appropriately refunded if the studio fails to provide the services as contracted.

PROHIBITED USES

1. Personal and Non-Commercial Use The Site may be used only for lawful purposes and is available only for your personal, non-commercial use. This is limited to viewing the Site, managing your PILATESXCO LLC membership, booking classes, purchasing products, and downloading information for your personal review.

2. Prohibited Conduct You are responsible for your own communications and the consequences of any information you post or transmit. PILATESXCO LLC specifically prohibits the following uses of the Site:

  • False Information: Posting any information that is incomplete, false, inaccurate, or not your own.

  • Illegal Acts: Engaging in conduct that would constitute a criminal offense, give rise to civil liability, or violate any city, state (specifically Alameda County and Dublin regulations), or national law.

  • Intellectual Property Infringement: Posting or transmitting material that is copyrighted, trademarked (including unauthorized use of the PILATESX mark), or otherwise owned by a third party without express permission.

  • Privacy Violations: Posting material that reveals trade secrets or infringes on the privacy or publicity rights of others.

  • Security Interference: Attempting to interfere with the Site’s network security, including using the Site to gain unauthorized access to any other computer system.

  • Harassment: Using the Site to harass, disrupt, or unlawfully interfere with PILATESXCO LLC business interests or other members.

3. California Specific Restrictions

  • No Automated Scraping: You may not use any robot, spider, or other automated means to access the Site for any purpose, including monitoring or copying class availability or pricing.

  • Minor’s Rights (California Erasure Law): In accordance with California Business and Professions Code Section 22581, if you are a California resident under 18 and a registered user, you are prohibited from posting content that violates the safety of other minors. You retain the right to request removal of content you have personally posted (see our Privacy Policy for instructions).

  • Non-Discrimination: You are prohibited from using the Site to post content that is discriminatory based on race, gender, religion, sexual orientation, disability, or any other protected classification under the California Unruh Civil Rights Act.

4. Enforcement PILATESXCO LLC reserves the right to terminate your access to the Site and your membership immediately, without notice, if we determine in our sole discretion that you have engaged in any prohibited use.

LIMITS ON PURCHASES

1. Right to Limit Quantities In an effort to enhance the client experience and provide as many customers as possible the opportunity to purchase PILATESXCO LLC memberships, services, and merchandise, we reserve the right to place limits on purchases and class reservations. We do not authorize the purchase of commercial quantities of our merchandise or the "bulk booking" of class spots for the purpose of reselling or unauthorized distribution.

2. Restrictions on Accounts and Orders PILATESXCO LLC may, in its sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders or reservations placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

3. Policy Enforcement We reserve the right to limit, cancel, or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. PILATESXCO LLC further reserves the right to cease doing business with, or terminate the memberships of, customers who violate these policies or engage in behavior that disrupts class availability for other members.

4. Scope of Policy We may modify this policy at any time without prior notice. This policy applies to all purchases of PILATESXCO LLC memberships, services, and merchandise, whether made online via our Site, through third-party booking platforms (such as Mariana Tek), or in-person at our Dublin, California studio location.

SECURITY RULES

1. General Prohibitions Violations of system or network security may result in civil or criminal liability. PILATESXCO LLC will investigate occurrences that may involve such violations and may engage, report to, and cooperate with law enforcement authorities in prosecuting users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site.

2. Specific Security Violations Prohibited activities include, without limitation:

  • Unauthorized Access: Accessing data not intended for you or logging on to a PILATESXCO LLC server or account that you are not authorized to access.

  • Vulnerability Testing: Attempting to probe, scan, or test the vulnerability of our system or network or to breach security or authentication measures without proper written authorization from PILATESXCO LLC.

  • System Interference: Attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing.”

  • Forgery: Forging any TCP/IP packet header or any part of the header information in any email, transmission, or posting to our Site.

  • Data Scraping: Using any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site, without our prior written consent.

3. California Legal Enforcement Unauthorized access to or use of PILATESXCO LLC’s systems and data may violate California Penal Code Section 502, which criminalizes knowingly accessing and without permission taking, copying, or making use of any data from a computer, computer system, or computer network. PILATESXCO LLC reserves all rights to seek statutory damages and injunctive relief against any individual or entity violating these security rules.

INTERNATIONAL USE

1. Geographic Scope PILATESXCO LLC controls and operates this Site from our offices in the United States. While we welcome interest from around the world, our services, memberships, and studio locations are intended for use within the United States. PILATESXCO LLC makes no representation that the materials, services, or products described on the Site are appropriate or available for use in other locations. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws.

2. Data Processing in the United States By using the Site and providing your information, you acknowledge that PILATESXCO LLC is located in the United States and that all information is processed and stored within the United States. You understand that United States data protection laws may differ from those in your country of residence.

3. Export Controls Software and technology that may be accessible or downloadable from the Site are subject to export controls under the laws and regulations of the United States. By visiting and using our Site, you represent and warrant that you are not: (i) located in a country that is subject to a U.S. Government embargo; or (ii) listed on any U.S. Government list of prohibited or restricted parties.

CLASS, PRODUCT AND PRICING INFORMATION

1. Service and Product Representation PILATESXCO LLC makes every effort to display our membership programs, classes, services, studio equipment (including PILATESX branded reformers), and merchandise as accurately as possible. However, the actual colors and attributes you see depend on your electronic device's monitor; PILATESXCO LLC cannot guarantee that your monitor’s display of any color or attribute will be accurate.

2. Pricing and Availability All products and services displayed on the Site are subject to availability. Services and merchandise may be discontinued or out of stock at any time. Prices for memberships, class packs, and products are subject to change. PILATESXCO LLC reserves the right to correct any typographical errors, inaccuracies, or omissions relating to pricing or descriptions at any time without prior notice.

3. Health Studio Service Contracts (California Compliance) In accordance with California Civil Code Section 1812.80 et seq., all membership pricing and contract terms are clearly defined at the point of purchase. While PILATESXCO LLC reserves the right to change future pricing for new memberships or renewals, no price increase shall apply to the current term of an existing prepaid membership contract. Any changes to recurring membership dues will be communicated to you with at least thirty (30) days' notice.In accordance with CA law, you may cancel this agreement if you become  disabled, move more than 25 miles from the studio, or in the event of death.

4. User Feedback and Ratings PILATESXCO LLC does not warrant the accuracy, completeness, or reliability of any customer product ratings, comments, or feedback posted on the Site. Such content represents the opinions of third-party users and does not constitute an endorsement or warranty by PILATESXCO LLC.

RESERVATIONS AND CANCELLATIONS

1. Class Reservations To ensure a high-quality experience and fair access to private & group sessions, reservations are required for all classes. Reservations can be made through our website: Pilatesxco.com or our app. Your reservation is only confirmed once you receive a confirmation notification. Booking is facilitated through our third-party provider, Mariana Tek.

2.a Members Only 8-Hour Cancellation Policy At PILATESXCO LLC, we value your time and our instructors' schedules. If you need to cancel a reservation, you must do so at least eight (8) hours prior to the scheduled class start time. This allows other members on the waitlist the opportunity to attend.

2.b Non-Members Only 12-Hour Cancellation Policy At PILATESXCO LLC, we value your time and our instructors' schedules. If you need to cancel a reservation, you must do so at least twelve (12) hours prior to the scheduled class start time. This allows other members on the waitlist the opportunity to attend.

3. Late Cancels and No-Shows

  • Late Cancellation: Any cancellation made within the window referenced above prior to class is considered a "Late Cancel."

  • No-Show: Failure to attend a reserved class without any prior cancellation is considered a "No-Show” and will be charged.

  • Fees: Late Cancels and No-Shows will result in the forfeiture of the class credit or the assessment of a dedicated fee (as specified in your membership agreement or at the time of purchase). In accordance with California law, all fees are clearly disclosed at the point of sale.

4. Waitlist Policy: By joining a waitlist, you agree to the following:

  • Status Monitoring: You are responsible for monitoring your own waitlist status. If a spot opens up, you will be notified immediately via text message or a push notification through the PILATESX App.

  • Moving into Class: Once you receive a notification, you must affirmatively accept the spot to be moved into the class. However, once you are officially added to the class roster, the cancellation policies apply immediately.

  • Waitlist Responsibility: If you decide you can no longer attend, you must manually remove yourself from the waitlist.

  • Automatic Expiration: Please note that waitlists typically close 2 hours before class starts. If you haven't been added by then, you are encouraged to check the app for any last-minute manual openings.

5.a Arrival Policy For New Members Parking is limited! For your safety and to maintain the flow of the session, we have a strict policy, you will need to arrive 10-minute ahead of the scheduled class. Clients arriving at the scheduled session will not be permitted to enter the class in order to prevent potential injuries or interruptions. This will be treated as a No-Show, and the corresponding credit forfeiture or fee will apply.

5.b Arrival Policy For Existing Members Parking is limited! For your safety and to maintain the flow of the session, we have a strict policy, you will need to arrive 5-minute ahead of the scheduled class. Clients arriving at the scheduled session will not be permitted to enter the class in order to prevent potential injuries or interruptions. This will be treated as a No-Show, and the corresponding credit forfeiture or fee will apply.

PHOTOGRAPHY AND RECORDING

1. During Class Sessions To protect the privacy, focus, and safety of all participants, the use of cameras, cell phones, or any recording devices for filming or photography is strictly prohibited while a group class is in session. All mobile devices must be silenced and stored in the designated lockers or storage areas during the workout.

2. The "Post-Class" Exception We love seeing your progress! Clients are welcome to take photos or short videos for social media (e.g., "studio selfies" or form checks) only after the scheduled session has concluded and the instructor has indicated it is safe to do so.

3. Privacy of Others When capturing content post-class, you are strictly prohibited from capturing the likeness, image, or voice of any other client or staff member without their express verbal or written consent. If another client appears in the background of your photo or video, you must blur their face or refrain from posting the content.

4. Safety First Recording devices (including tripods) may never be placed in a manner that obstructs pathways or creates a tripping hazard for the instructor or other clients. PILATESXCO LLC staff reserves the right to ask any client to stop recording or to move their device at any time for safety or privacy reasons. 

5. Consent to Filming and Photography By participating in classes, events, or workshops at PILATESX (the "Studio") or otherwise entering the Studio premises, you acknowledge and agree that PILATESX, its owners, employees, and independent contractors may take photographs, video recordings, and audio recordings of you. These media assets may capture your likeness, voice, actions, and appearance within the studio environment.

USAGE TERMS

SOCIAL MEDIA AND CONTENT PERMISSIONS

By signing you are granting PILATESXCO LLC permission to use your social media post or other content (referred to as your “Post”). BY RESPONDING AFFIRMATIVELY TO OUR MESSAGE (E.G., BY RESPONDING WITH #YESPILATESX), YOU ARE AGREEING TO THESE USAGE TERMS.

1. License Grant and California Likeness Rights You hereby grant to PILATESXCO LLC a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, modify, and exploit your Post in any format or media now known or later developed. Pursuant to California Civil Code Section 3344, you provide your express consent for the use of your name, voice, signature, photograph, and likeness as contained within the Post for advertising and promotional purposes. You waive any "moral rights" or rights of attribution.

2. Representations You represent that:

  • You are at least eighteen (18) years old.

  • You have obtained necessary consents from any individuals appearing in your Post.

  • You own all rights to the Post and have the legal authority to grant this license.

3. Incorporation of Full Terms These Usage Terms incorporate by reference the PILATESXCO LLC Terms of Service and Privacy Policy. Your Post will be treated as "User Content." Note: Our Terms of Service include indemnities, limitations of liability, and a binding Arbitration Agreement that waives your right to a jury trial or class action.

AUTOMATIC RENEWAL TERMS

Your membership will automatically renew monthly at the then-current rate unless you cancel. You may cancel at any time by emailing Info@pilatesxco.com.

PROPRIETARY RIGHTS

1. Ownership of Marks and Content As between you and PILATESXCO LLC (or any other company whose marks appear on the Site), PILATESXCO LLC is the owner and/or authorized user of any registered or unregistered trademark, trade name, and/or service mark appearing on the Site. PILATESXCO LLC is the copyright owner or licensee of the Materials and Content on the Site, unless otherwise indicated.

2. PILATESX Trademark Ownership You specifically acknowledge and agree that the trademark name “PILATESX” is owned by PILATESXCO LLC. The PILATESXCO logos, designs, titles, phrases, and specific studio service names, along with the copyrights, trademarks, service marks, trade dress, and other intellectual property in such materials (collectively, “PILATESXCO LLC Intellectual Property”) are owned by PILATESXCO LLC. You agree not to display or use PILATESXCO LLC Intellectual Property in any manner without our prior written permission.

3. Limited License and Restrictions Nothing on the Site shall be construed as granting, by implication or otherwise, any license or right to use any PILATESXCO LLC Intellectual Property, including the PILATESX trademark, without prior written consent. Use of the Site does not grant you a license to any Materials, Content, or features you may access. You are strictly prohibited from modifying, renting, leasing, loaning, selling, distributing, or creating derivative works of such Materials and Content, in whole or in part.

4. Prohibited Commercial Use Any commercial use of the Site is strictly prohibited. You may not download or save a copy of any Materials and Content for any purpose except as expressly permitted by PILATESXCO LLC. Unauthorized use of the Site may violate copyright laws, trademark laws, and California state laws regarding unfair competition and trade secrets, and may subject you to legal liability. The site design, text, graphics, interfaces, and the "selection and arrangement" thereof are protected under California and U.S. Copyright Law.

USER CONTENT AND MATERIAL

1. Ownership and License Grant We do not claim ownership of user-generated content and material. Any photographs, videos, audio, text, or other content that you (i) submit to the Site or our social media accounts, or (ii) post to your own social media tagged with #PILATESX or #PILATESXCO or other promoted hashtags (collectively “User Content”) shall be deemed non-confidential.

By posting User Content, you grant PILATESXCO LLC a perpetual, irrevocable, royalty-free, worldwide, sublicensable, and transferable license to use, reproduce, modify, and display your User Content, including your name, persona, and likeness, for any marketing, advertising, or promotional purposes in any media now known or hereafter developed, without further notice or compensation to you.

2. California Rights of Publicity Pursuant to California Civil Code Section 3344, you provide your express consent for PILATESXCO LLC to use your name, voice, signature, photograph, and likeness as contained within User Content for advertising and selling purposes. You waive any right to inspect or approve the finished product or advertising copy.

3. Removal of Content (California Erasure Law) In accordance with California Business and Professions Code Section 22581, if you are a California resident under the age of 18 and a registered user of the Site, you may request the removal of content or information you have posted by emailing INFO@PILATESXCO.COM. Please note that your request does not ensure complete or comprehensive removal of the content (e.g., if it has been re-posted by a third party).

4. User Representations and Warranties You represent and warrant that: (i) you own or control all rights to the User Content; (ii) you have obtained permission from all individuals appearing in your User Content; (iii) you are 18 years of age or older; and (iv) the User Content does not infringe upon the intellectual property, privacy, or publicity rights of any third party. You agree to indemnify PILATESXCO LLC for any claims arising from a breach of these warranties.

COPYRIGHT AND PRIVACY COMPLAINTS (DMCA)

PILATESXCO LLC respects intellectual property rights. If you believe your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information required by the Digital Millennium Copyright Act (DMCA):A physical or electronic signature of the owner/authorized agent.Identification of the copyrighted work claimed to have been infringed.Identification of the material that is claimed to be infringing and its location on our Site.Your contact information (address, phone, and email).A statement of good-faith belief that the use is unauthorized.A statement, under penalty of perjury, that the information in your notice is accurate.Designated Agent for Notices:By Mail: PILATESXCO LLC, Attn: Copyright Agent, 7460 San Ramon Rd, Dublin, CA 94568By Email: INFO@PILATESXCO.COM (Subject: "Notice of Infringement")

PRIVACY AND PUBLICITY RIGHTS

If you believe any information on the Site violates your rights of privacy or publicity under California law, please contact us as indicated above. PILATESXCO LLC will act to remove or disable access to material found to be in violation of your rights. Your personally identifiable information is governed by our Privacy Policy, which is designed to comply with the California Consumer Privacy Act (CCPA).

DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNITY

1. Website and Information Accuracy PILATESXCO LLC provides information on its Site as a convenience. While we strive for accuracy, there may be inadvertent technical or factual inaccuracies. We reserve the right to make corrections at any time without notice. PILATESXCO LLC does not guarantee that memberships, services, or products described on the Site are available in all regions or appropriate for all jurisdictions.

2. Disclaimer of Warranties TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” PILATESXCO LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. YOUR USE OF THE SITE IS AT YOUR SOLE DISCRETION AND RISK.

3. Limitation of Liability (California Consumer Protection) TO THE FULLEST EXTENT PERMITTED BY CALIFORNIA LAW, IN NO EVENT SHALL PILATESXCO LLC, ITS AFFILIATES, OR THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE.NOTWITHSTANDING ANYTHING TO THE CONTRARY, NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT PILATESX LLC’S LIABILITY FOR OUR OWN GROSS NEGLIGENCE, RECKLESSNESS, OR WILLFUL MISCONDUCT, OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED BY CALIFORNIA LAW.

4. Third-Party Links PILATESXCO LLC is not responsible for the content, safety, or accuracy of any third-party websites linked to our Site. Inclusion of a link does not imply endorsement.

5. Indemnity You agree to defend, indemnify, and hold PILATESXCO LLC and its members, managers, officers, and employees harmless from any and all claims, damages, costs, and expenses (including reasonable attorneys’ fees) arising from: (i) your use of the Site; (ii) your violation of these Terms; or (iii) any content you post or transmit through the Site that infringes on a third party’s rights.

DISPUTE RESOLUTION

ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, YOUR VISIT TO THE STUDIO, OR TO ANY PURCHASE, TRANSACTION, OR INTERACTION WITH PILATESXCO LLC (INCLUDING CLAIMS RELATING TO MARKETING, ADVERTISEMENTS, EMAIL, AND MOBILE SMS MESSAGES, OR THE COLLECTION AND USE OF YOUR INFORMATION) (“DISPUTE”) SHALL BE RESOLVED THROUGH BINDING ARBITRATION, RATHER THAN IN COURT. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THIS AGREEMENT.

1. Good Faith Resolution: Any party who intends to seek arbitration must first try in good faith to resolve the Dispute by providing to the other party a written notice (“Notice”) describing the facts and circumstances of the Dispute and the specific relief sought. The Notice must be mailed via certified or registered mail to: PILATESXCO LLC, 7460 San Ramon Rd, Dublin, CA 94568, or to you at your last-used billing address. If we are unable to reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may commence arbitration.

2. Arbitration Rules & Venue: Any arbitration under this Agreement shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules. The arbitration shall take place in Alameda County, California, or the California county in which you reside, unless otherwise agreed upon in writing. In lieu of arbitration, either you or PILATESXCO LLC may assert individual claims in Small Claims Court in the County of Alameda, consistent with the jurisdictional and dollar limits that apply.Notwithstanding the above, either party may elect to have a dispute heard in Small Claims Court in Alameda County, California, if the claim falls within the jurisdiction of that court and proceeds on an individual (non-class) basis.

3. Waiver of Jury Trial:YOU ACKNOWLEDGE THAT BY AGREEING TO ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL. This section will survive after the Terms of Use terminate or your membership ends.

4. Intellectual Property Exception: If you have in any manner violated or threatened to violate any PILATESXCO LLC intellectual property rights, we may bring suit in any state or federal court in the State of California. You consent to exclusive jurisdiction and venue in these courts.CLASS ACTION WAIVER You and PILATESXCO agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, collective, or representative action.If this class action waiver is found to be void or unenforceable, the Dispute shall be resolved in state or federal court rather than in arbitration. You further agree that you will not be a member of any putative or actual class in a class action brought by anyone else, nor will you seek to become a class representative. You further agree that in any action you initiate, any relief you seek will be confined to relief on your own behalf. This section will survive after the Terms of Use terminate or your use of the Site ends. YOU AND PILATESXCO LLC AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR PILATESXCO LLC WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, REPRESENTATIVE ACTION, OR COLLECTIVE ACTION.

GOVERNING LAW AND VENUE

By visiting this Site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without giving effect to any conflict of law provisions, shall govern any proceeding that occurs in arbitration. In the event any claim is found not to be arbitrable, normal choice-of-law rules shall apply to any proceeding brought in state or federal court. These Terms shall be governed by, construed and enforced in accordance with the laws of the State of California, without giving effect to any conflict of law provisions. Any dispute relating in any way to these Terms, your visit to the Site, or to any purchase, return or other transaction with PILATESXCO shall be submitted to confidential arbitration in Dublin, California. However, if you have in any manner violated or threatened to violate any PILATESXCO Intellectual Property right, we may seek injunctive or other appropriate relief in any state or federal court in the state of California. You consent to exclusive jurisdiction and venue in these courts. Any arbitration under this agreement and these Terms shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, we agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. These Terms and any dispute between you and PILATESXCO LLC shall be governed by the laws of the State of California and the Federal Arbitration Act. For any claim not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Alameda County, California.

GENERAL INFORMATION

These Terms constitute the entire agreement between you and PILATESXCO and govern your use of the Site, and they supersede any prior agreements between you and PILATESXCO as to the terms and issues discussed herein. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. PILATESXCO may terminate this Agreement and deny you access to the Site at any time, immediately and without notice, if in PILATESXCO’s sole discretion you fail to comply with any provision of these Terms. 

  • You agree that no joint venture, partnership, employment or agency relationship exists between PILATESXCO and you as a result of this Agreement or your use of the Site.

  • Any claim or cause of action you may have with respect to PILATESXCO or the Site must be commenced within one (1) year after the claim or cause of action arose.

  • The failure of PILATESXCO to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law. You may not assign the Terms or any of your rights or obligations under the Terms without PILATESXCO’s express written consent. The Terms insure to the benefit of PILATESXCO’s successors, assigns, affiliates and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect. To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us, please email us at Info@pilatesxco.com.

OUR PRIVACY POLICY

This Privacy Policy describes how PILATESXCO LLC and our affiliates, parents, brands and subsidiaries (collectively, “PILATESXCO,” “we” or “us”) collect, use and share personal information about you and the choices that are available to you with respect to our handling of your information. This Privacy Policy applies to personal information we collect when you interact with us online (e.g., through our website or other online products and services) or offline (e.g., when you come into our studio, contact us through any other media, take classes, shop in our store, purchase food or memberships, services and merchandise or interact with customer support) or otherwise interact with us as described below. Our online and offline services and interactions with you are collectively referred to as “Services” in this Privacy Policy. We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of this Privacy Policy. In some cases, we may provide you with additional notice (such as adding a statement to the homepages of our websites or sending you an email notification). We encourage you to review the Privacy Policy whenever you interact with us to stay informed about our personal information practices and the choices available to you.

COLLECTION OF INFORMATION

PERSONAL INFORMATION WE COLLECT DIRECTLY FROM YOU

We collect personal information you provide directly to us. For example, we collect personal information when you use our websites; provide product or class reviews; attend our studios; shop in our stores; call us on the phone; create an online account; sign up to receive our emails; request information; participate in a sweepstakes, contest, promotion or survey; communicate with us via third-party social media sites; request customer support; apply for and/or participate in our membership program; apply for a job; or otherwise communicate with us. The types of personal information we may collect include your name, email address, zip or postal code, billing address, shipping address, phone number, payment card information, class or product preferences, demographic information and any other personal information you choose to provide. In some cases, we may also collect personal information you provide about others, such as when you purchase a gift card for someone and request that we deliver it electronically, create and share a “wishlist” or decide to purchase and ship products to someone. We will use this personal information to fulfill your requests and will not send marketing communications to your contacts unless they separately opt in to receive communications from us.

INFORMATION ABOUT YOUR USE OF OUR SERVICES

We collect information about your use of our Services, such as the classes or events that you attend, the services you engage in, the products you purchase or in which you express interest.

PERSONAL INFORMATION WE COLLECT AUTOMATICALLY

We automatically collect certain personal information about you when you access or use our Services or shop in our stores, including:

  • Log Information: We collect information about your use of our websites, such as the type of browser you use, access times, pages viewed, your IP address and the referring link through which you accessed our websites.

  • Device Information: We collect information about the device you use to access our online Services, including the hardware model and operating system and version.

  • Transaction Information: When you purchase a membership or classes, purchase or return a product, or request a refund, we collect information about the transaction, such as service and product details and the date and location of the purchase/return.

  • Video Data: We collect video data via security cameras we deploy in our studio.

  • Information Collected by Cookies and Similar Tracking Technologies: We (and our service providers) use cookies, web beacons (also known as “tracking pixels”) and similar tracking technologies to collect information about you when you interact with our websites or emails, including information about your browsing and purchasing behavior. We may combine this information with other information we collect about you and use it for various purposes, such as improving our websites and your online experience, understanding which areas and features of our sites are popular, counting visits, understanding campaign effectiveness, tailoring our communications with you, determining whether an email has been opened and links within the email have been clicked and for other internal business purposes.

PERSONAL INFORMATION WE COLLECT FROM OUR PARTNERS AND OTHER SOURCES We may obtain personal information about you from other sources and combine that with information we collect about you. For example, we collect personal information from the local postal services’ national change of address databases to verify and update mailing addresses. If you interact with us on social media, we will also collect personal information about those interactions.

PERSONAL INFORMATION WE DERIVE

We may derive personal information or draw inferences about you based on the other types of personal information we collect. For example, we may infer your location based on your IP address, or that you are interested in purchasing a certain type of clothing based on your browsing behavior on our Services.

USE OF PERSONAL INFORMATION

We may use personal information about you for various purposes, including to:

  • Provide, maintain and improve our services, including to facilitate and improve your in-store and online shopping experiences;

  • Deliver the products and Services you request, or that are reasonably anticipated within the context of our ongoing business relationship, complete transactions, perform our contractual obligations and send you related information, including confirmations and receipts;

  • Process your orders, payments and account adjustments and initiate, render, bill and collect payment for our products and Services;

  • Conduct internal research and development and make business decisions about current and future product and service offerings;

  • Respond to your comments, questions and requests and provide customer service;

  • Communicate with you about products, services, offers, promotions, rewards and events and provide news and information we think will be of interest to you;

  • Manage your online account(s) and send you technical notices, updates, security alerts and support and administrative messages;

  • Personalize your online experience and provide advertisements, content or features that match your profile and interests;

  • Monitor and analyze trends, usage and activities;

  • Process and deliver contest, promotion and sweepstakes entries and rewards;

  • Detect, protect against and prevent security incidents and illegal or unauthorized activities, investigate complaints and claims and provide other security protections, such as identity verification;

  • Protect users of our Services from fraudulent, malicious, deceptive, abusive or unlawful activities of others;

  • Debug and repair errors in our products and Services and other activities to maintain and improve the quality and safety of our products and Services;

  • Cooperate with law enforcement and protect the rights (including free speech), interests, safety or property of PILATESXCO or our customers, service providers and other third parties;

  • Comply with and enforce applicable legal and regulatory obligations and respond to governmental requests;

  • Enforce our policies, terms and conditions or other agreements;

  • Defend against or pursue claims, disputes or litigation – in court or elsewhere;

  • Provide you the benefits of our loyalty program if you are a member of our loyalty program; and

  • Carry out any other purpose readily apparent to you or described to you at the time the personal information is collected.

SHARING OF PERSONAL INFORMATION

We may share personal information about you as follows:

  • With vendors, consultants and other service providers who need access to such personal information to carry out work on our behalf, including companies that assist us with web hosting, shipping and delivery, payment processing, fraud prevention, customer service, analytics, marketing and advertising;

  • If you are a U.S. customer, with our banking partners;

  • In response to a request for personal information if we believe disclosure is in accordance with any applicable law, regulation or legal process or as otherwise required by any applicable law, rule or regulation;

  • If we believe your actions are inconsistent with our user agreements or policies or to protect the rights, property and safety of us or any third party;

  • In connection with, or during negotiations of, any merger, sale of company assets, financing or transfer of all or a portion of our business to another company;

  • With our current and future parents, affiliates, subsidiaries and other companies under common control and ownership;

  • With our lawyers and other professional advisors where necessary to obtain advice or otherwise protect and manage our business interests;

  • By publicly posting, at our discretion, your product review or other user content if you provide one; and

  • With your consent or at your direction. We allow our e-commerce partners to directly collect personal information from you for the purposes of facilitating ordering and shipping internationally. This information collected by these e-commerce partners will be treated in accordance with their privacy policies. We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.

ADVERTISING AND ANALYTICS

We engage third parties to serve advertisements on our behalf across the Internet and to provide analytics services. These entities may use cookies, web beacons and other technologies to collect personal information about your use of our websites, such as your IP address, web browser, pages viewed, time spent on pages, links clicked and conversion information. This personal information may be used by us and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our websites and other websites and better understand your online activity.  We may also work with third parties (such as Facebook, Instagram, Tiktok) to serve ads to you as part of a customized campaign on their platforms. If you prefer not to see customized ads from us, you can usually opt out by changing your account settings or preferences on such platforms.

DATA RETENTION

Our retention periods for personal information are based on business needs and legal requirements. We retain personal information for as long as is necessary for the processing purpose(s) for which the personal information was collected and any other permissible, related purpose. For example, we may retain certain transaction details and correspondence until the time limit for claims arising from the transaction has expired.

CHILDREN

We do not knowingly collect personal information from children. If you have reason to believe that a child has provided personal information to us via the Services, please contact us, and we will endeavor to delete that personal information from our databases.

YOUR CHOICES

MANAGING OR DELETING YOUR ONLINE PILATSXCO  ACCOUNT

You may update, correct or delete your online account information at any time by logging into your account and navigating to the “My Account” page or by contacting us directly at Info@pilatesxco.com. You can also contact us if you wish to deactivate your online account. Note that we may retain certain personal information as required by law or for legitimate business purposes. We may also retain cached or archived copies of personal information about you for a certain period of time.

OPTING OUT OF PROMOTIONAL COMMUNICATIONS

You can opt out of receiving promotional communications from us at any time by doing the following:

  • To opt out of promotional emails and text messages: Follow the instructions provided in those communications to unsubscribe or contact us at Info@pilatesxco.comPlease note that even if you opt out of receiving promotional communications, we may continue to send you non-promotional emails, such as those about your account or our ongoing business relations. 

DATA STORAGE & TRANSFERS

PILATESXCO To provide our services, we use third-party providers including our booking and management platform, Mariana Tek. You acknowledge and agree that your personal information (such as name, contact details, and payment information) may be transferred to, stored, and processed on servers located outside of your home jurisdiction (including in the United States).We select service providers that maintain high security standards and industry-standard data protection measures. By using our services and providing your information, you consent to this transfer, storage, and processing. If you are a resident of a region with specific data protection laws (such as the GDPR or CCPA), we take reasonable steps to ensure your data is handled in accordance with those requirements by our service providers. When you participate in a financial incentive, we collect personal information from you, such as identifiers (like your name and email address) and commercial information (like your purchase history). You can opt into a financial incentive by following the sign-up or participation instructions provided, and you have the ability to opt-out of the financial incentive, or our subsequent use of your personal information in connection with a financial incentive, at any time by contacting us at info@pilatesxco.com. In some cases, we may provide additional terms and conditions for a financial incentive, which we will present to you when you sign up. The value of your personal information is reasonably related to the value of the offer or discount presented to you.