Legal — Still Point Movement | Pilates, Pelvic Floor Health, & Balance

Last Updated: December 9, 2020

Terms of Use

Still Point Movement, LLC (“Still Point”) provides website features and other products and services at our website stillpointmovement.com (the “Site”). Your viewing and use of our website and services (the “Services”) provided through the Site (“Your Use”) are conditioned on, governed by and subject to these Terms of Use (“Terms”). This website (the “Site”) may not be used in any way that is not expressly permitted by these Terms. You consent to entering these terms electronically, and to storage of records related to these terms in electronic form.

IF YOU ACCESS THE WEBSITE, YOU ARE AGREEING TO THESE TERMS. IF YOU DO NOT AGREE, PLEASE DISCONTINUE USING THE SITE IMMEDIATELY.

1. This is a Legal Agreement. These Terms are a legal agreement between you and Still Point and contain important information regarding your legal rights, remedies and obligations. By Your Use of the Site, you: (a) acknowledge you have read, understand, and agree to be bound by these Terms; (b) agree to comply with all applicable laws, rules and regulations with respect to Your Use of the Site; and (c) represent you are an adult at least eighteen (18) years of age and have the legal capacity to enter into contracts in the jurisdiction where you reside.

2. No Children Are Permitted To Use Our Site. The Site is not directed toward children under 13 years of age, nor do we knowingly collect information about children under 13. If you are under 13 years of age, you are not permitted to submit any personally identifiable information to us. If we find out you are under the age of 13 years of age, we will immediately upon notice cancel your account.

3. Please Obtain Your Physician’s Permission Before Beginning Any Exercise Program. You understand that physical exercise can be strenuous and can expose you to the risk of serious injury. We urge you to obtain a physical examination from a doctor before participating in any exercise activity. You voluntarily accept and assume any and all risks, known or unknown, associated with Your Use of the Site and our Services including, without limitation, the risk of physical or mental or emotional injury, minor and/or severe bodily harm, death, and/or illness, which arise by any means, including, without limitation: acts, omissions, recommendations or advice given by us.

4. Our Intellectual Property Rights. Still Point is the exclusive owner or licensee of all the content and materials on the website (the “Content,” as defined in this paragraph), and of all related intellectual property rights therein, including, but not limited to, all copyrights, moral rights, trademark and patent rights (the “IP”), except as to those rights which have been granted by IP holders. Our Content includes, but is not limited to, all features, functions, services, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, logos, text, music, sound effects, audio and/or audio-visual elements, videos, domain names, downloadable materials, look-and-feel, design, layout, organization, presentation, user interface, navigation, stylistic convention and other distinctive brand features of the website.

All trademarks, trade names, copyrights, logos and service-marks (collectively, the “Marks”) related to our IP are our exclusive property. Unauthorized use of any of the Marks or of any word, term, name or symbol that is likely to cause confusion or mistake with respect to the user's connection or association with us, or our approval or sponsorship of the user’s products or services, or that is likely to dilute any of our Marks is strictly prohibited by law. All third party IP that appears in or on the Site is the property of their respective owners.

You do not acquire any ownership interest in any IP or the Marks by Your Use of the Site, including any IP and/or Marks we have received authorization to use. You may not use, reproduce, copy, modify, edit, distribute, transmit, adapt, reformat, create works from, display, perform, publish, license, sell or otherwise exploit, through any means or media, any of our IP or Marks or any of the website’s Content or Services.

5. Your Permission To Use Our Site. On condition of your acceptance of these Terms, we grant you a non-exclusive, limited, non-transferrable, non-sub-licensable, freely revocable license to use the Site, its Content and Services for your personal, non-commercial use. We reserve all rights not expressly granted herein. We also reserve the right to terminate your license to use the Site at any time, for any or no reason and, at our discretion, to charge to access and view certain parts of our Site.

6. Unauthorized Access and Use of the Site

You agree not to exceed your authorized access to any portion of the Site;
You agree not to use the Site or and/or Services in any manner that could interrupt, restrict, inhibit, damage, disable, overburden or impair the Site or interfere with any other user’s use and enjoyment of the Site,
You agree not attempt to (or encourage or support anyone else’s attempt to) hack, circumvent, reverse-engineer, decrypt, attack, copy, modify, adapt, disassemble, decompile, translate or alter the Site (or any database or server connected to the Site) or any portion thereof, or obtain or attempt to gain unauthorized access to our Site, our computer systems, source code or structure, sequence, or organization of our Site;
You agree not to interfere or attempt to interfere with the proper working of or activities conducted on the Site, or bypass any measures we may use to prevent or restrict access to the Site;
You agree not to use the Site to violate the security of any computer network or transfer or store illegal material; and
You agree not to use the Site in violation of the intellectual property (including but not limited to copyright and trademark), contractual, personal, or other proprietary or legal rights or our rights or those of any third party.

7. Account Services. When any of the Services on the Site require you to open an account (“Account”) or otherwise provide user or registration information, including username and password (“User Information”), you must complete the registration process by providing us with complete, truthful and accurate information. When you create an Account, you alone are responsible for maintaining the strict confidentiality of any username and password relied upon to gain access to your Account, and for the use by you and any other person or entity that accesses our Site by use of your User Information, whether or not that access was authorized by you. You must notify us immediately of any suspected or actual unauthorized use of your Account or your User Information, and of any and all other security breaches. You grant to us and to all other persons and entities involved in the maintenance and operation of the Site the right to use, store, monitor, retrieve and transmit your User Information in connection with maintaining and operating the Site.

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

8. Cancelling Your Account/Account Termination.

You have the right to cancel your Account at any time.
We reserve the right to modify, suspend, and terminate any Account and/or to refuse to provide our Services to you or allow access to our Site, in our sole discretion, without prior notice, at any time and for any or no reason.

AS A USER, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ALL USE OF THE SITE.

9. Limitation of Liability. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR MEDICAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE MEDICAL DOCTOR FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING ANY BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ARISING UNDER ANY OTHER LEGAL OR EQUITABLE THEORY WILL STILL POINT BE LIABLE FOR ANY DIRECT, INDIRECT, STATUTORY, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY AGREEING TO AND ACCEPTING THESE TERMS, YOU HEREBY IRREVOCABLY RELEASE STILL POINT FROM LIABILITY OF ANY KIND, AND FOR ANY CONSEQUENCE(S) ARISING FROM THE USE OF THE SITE. THIS INVOLVES ANY AND ALL LOSSES, INCLUDING BUT NOT LIMITED TO, MEDICAL EXPENSES, PROPERTY DAMAGE, LOSS OF PROFIT, DAMAGE TO REPUTATION, FEES, ACTUAL ATTORNEYS’ FEES AND COSTS, EXPENSES OR ANY DAMAGE, WHETHER DIRECT OR INDIRECT, WHETHER FINANCIAL OR NON-FINANCIAL. IN NO EVENT SHALL THE TOTAL LIABILITY OF STILL POINT TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SITE OR FOR ANY OF YOUR ACTIVITIES IN CONNECTION WITH THE SITE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING YOUR CLAIM.

10. Indemnity. You agree to defend, indemnify and hold harmless Still Point, its members, managers, employees, subcontractors and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to actual attorney’s fees and costs) arising from: (i) Your Use of and access to the Site, including any data or Content transmitted, viewed, or received by you; (ii) your violation of any provision of these Terms, including your breach of any of the representations and/or warranties contained in these Terms; (iii) your violation of any third party right, including any right of privacy or intellectual property rights; and (iv) your violation of any applicable law, rule or regulation.

You hereby agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.

11. Released Parties.

To the fullest extent permitted by law, you release Still Point, its members, managers, employees, subcontractors and agents, from any and all responsibility, liability, claims, demands, and/or damages (direct, indirect, incidental, punitive, statutory, exemplary, special or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the following: (i) disputes between users, including those between you and other users; (ii) third party sites and services, including Content found on such sites and services; and (iii) disputes concerning any use of or action taken using your Account by you or a third party. You also waive California Civil Code § 1542 which says:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

You also waive any and all benefits and rights that would otherwise accrue to you by reason of the provisions of any federal or state statute or principle of common law of any state of the United States, or any political entity or nation, province or local law or regulation that may govern this release, which statute, regulation, law or principle provides in substance something similar to California Civil Code § 1542. You agree not to file any action or lawsuit inconsistent with the foregoing release.

12. Agreement to Arbitration: You and we agree, except as provided below regarding small claims court proceedings, any dispute, claim or controversy arising out of or relating in any way to the Site, Services and Content, including, but not limited to, the Site, the Content, products, Services and user interfaces, our Privacy Policy and/or our privacy practices generally, these Terms, and this Arbitration Agreement, shall be determined by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. YOU AGREE THAT, BY AGREEING TO THESE TERMS, THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS AGREEMENT, AND THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This arbitration provision shall survive termination of these Terms.

13. Modifications to these Terms and Other Policies/Guidelines. We reserve the right to modify these Terms and/or any other guidelines or policies affecting the Site at any time, and may do so from time to time. Such revisions will become effective upon the earlier of: (i) posting of the revisions to the Site, or (ii) distribution of the revisions by any written contact method we have with you, including by email. For this reason, please visit this page on a regular basis and check the “Last Updated” date at the top of these Terms to ensure you are familiar with the most recent version of these Terms. Your Use of the Site after the effective date of the revisions signifies your acceptance of any such revisions. If you do not agree, you must stop using the Site immediately.

14. Jurisdiction/Governing Law. If any court of competent jurisdiction finds the arbitration and/or class action waiver provisions in these Terms invalid or inapplicable, you irrevocably submit to the exclusive jurisdiction of, and venue in, the state and federal courts in Sacramento, California, and the related appellate courts, in any related action or proceeding and agree to not raise any claims as to Sacramento, California being an inconvenient forum.You agree the laws of the United States of America and the laws of the State of California, without regard to any principles of conflicts of laws, will govern these Terms, Your Use of the Site, and all matters relating to your access to, and/or use of, the Site, including all disputes between you and us. You also agree that: (i) the Site shall be deemed solely based in California; and (ii) the Site shall be a passive site that does not give rise to personal jurisdiction over us, either specific or general, in any jurisdiction other California.