Megan Dowd Wellness LLC Terms & Conditions of Use

Terms and Conditions of Use

These Website Terms and Conditions of Use (“Terms of Use”) apply to Megan Dowd Wellness LLC website located at www.megandowdpilates.com (the “Site”), and any and all associated pages and sites of Megan Dowd Wellness LLC.  The Site is owned and operated property of Megan Dowd Wellness LLC, an Ohio Limited Liability Company.  Please read these Terms of Use carefully. BY ACCESSING THIS SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS OF USE, WHICH FORM A LEGALLY BINDING AGREEMENT.  IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE SITE.  The Site is intended for use solely by individuals over the age of 18.

Ownership of Content

Unless otherwise stated, this Site and its design, content, organization, graphics and matters (“Content”) related to this Site are protected under applicable intellectual property and other law.  All Content and Intellectual Property rights are the property of Megan Dowd Wellness LLC or the material is included with the permission of the rights of the owner and is protected by applicable copyright and trademark law.  The posting of any Content on this Site does not constitute a waiver of any right in the Content.  The publication, reproduction, duplication, and distribution in any format of Content from this Site is strictly prohibited without prior express written consent of Megan Dowd Wellness LLC.  Content may only be used for personal, non-commercial purposes.

Megan Dowd Wellness LLC grants you personal, limited, non-exclusive, non-transferable license to access, view and make personal and non-commercial use of this Site.  You may not use this Site to gain unauthorized access to Megan Dowd Wellness LLC networks or systems or engage in any conduct to disrupt, interfere, or tamper with the Site and associated servers or networks.  You agree to not access this Site by automated means such as scripts or web crawlers.

Trademarks

Any custom graphics, icons, trademarks or service marks and logos on this Site—unless noted—are service marks, trademarks (registered or not) and or trade dress of Megan Dowd Wellness LLC.  All other trademarks, names, logos, service marks and/or trade dress published cited or mentioned are the property of their respective owners.  You are not authorized to display or use any Content, trademarks or service marks in any manner without prior express consent of Megan Dowd Wellness LLC and must receive express prior written consent to use trademarks, names, logos, service marks and/or trade dress of other owners without their prior express written consent.  Use or misuse of any such materials contained herein—except as permitted—is expressly prohibited.

Privacy Policy

By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy which, by reference, is hereby incorporated.  Before using this Site, please read both the Terms of Use and Privacy Policy carefully.  All personal information provided to us as a result of your use of this Site will be maintained and used only in accordance with the Privacy Policy.

Waiver of Liability

By agreeing to these Terms of Use, your use of this website is confirmation of the Waiver of Liability:

I am willfully participating in health and exercise classes and programs with Megan Dowd Wellness LLC.  I expect to receive information on health, fitness, exercise and physical activity.  I understand that fitness programs require physical activity that may be strenuous and come with an inherent risk of physical bodily injury.  I am fully aware of the risks involved and understand that reasonable efforts will be made to ensure my well-being, but that the inherent risk cannot be entirely negated.  I understand that equipment can also be dangerous and that equipment and exercise must be done properly to ensure the safest possible experience.  I will follow the instructions given with respect to all of my exercises and use of equipment.

I understand that it is my responsibility to provide up-to-date and accurate information regarding my health and physical fitness to Megan Dowd Wellness LLC to ensure a proper fitness and exercise plan is developed and executed.  I also agree that it is my responsibility to consult with a physical prior to and during my participation in the health and fitness programs of Megan Dowd Wellness LLC.  I represent and warrant that I am physically fit and have no medical condition preventing my full participation in Megan Dowd Wellness LLC programs and services.  I have detailed any concerns or complications with the appropriate Megan Dowd Wellness LLC staff.

I agree to full responsible for any risks, injuries or damages, known or unknown, which might incur as a result of participating in Megan Dowd Wellness LLC programs and services as a condition of my participation.  I knowingly, voluntarily, willingly and expressly waive any claim I may have against Megan Dowd Wellness LLC and its instructors and staff for injury or damages that occur as a result of my participations in the program.

I, my heirs or legal representatives forever release, waive, discharge and covenant not to sue Megan Dowd Wellness LLC and its instructors and staff for any injury or death caused by their negligence or other acts.

Additional Terms, Conditions, and Agreements

Megan Dowd Wellness LLC may require additional rules, guidelines or other terms and conditions to use Megan Dowd Wellness LLC materials, products or services.  Additional rules, guidelines or terms and conditions are meant to supplement or amend the terms of these Terms of Use, but only in matters related to any such additional agreement.  Third party services may be governed by certain terms, conditions, or policies of those third party providers.

Site Submissions

By submitting information to Megan Dowd Wellness LLC through our Site, you authorize Megan Dowd Wellness LLC to utilize this information for the purposes for which it was submitted and for other purposes outlined in our Privacy Policy.

Except for personally identifiable information such as names, addresses, and financial information, unsolicited information submitted to this Site is assigned to Megan Dowd Wellness LLC free of charge. Megan Dowd Wellness LLC may use, distribute, publish, display or destroy any such submission at its discretion.  Unsolicited submissions waive the right to any claim against Megan Dowd Wellness LLC related to use of the submission.

Advertising and Links

Hyperlinks directly to this Site must accurately describe the contents of the Site and fully display the page or section of the Site as it appears.  You must make clear that you do not in any way represent the endorsement, sponsorship or support of the Site, Megan Dowd Wellness LLC or any of its employees or agents.

Copying any portion of the Site or its content to a server is expressly forbidden, except as may incidentally occur in the process of using the Site.  

Megan Dowd Wellness LLC takes no responsibility for third party advertisements, goods or services posted to or referenced on this Site.  Where Megan Dowd Wellness LLC provides links or reference to other sites, no inference or representation is made as to connection, cooperation, operation or control of those sites.  Megan Dowd Wellness LLC is not responsible for any third party content, practices or policies.  Please review any other websites and their appropriate terms of use and privacy policy.

Termination

Megan Dowd Wellness LLC reserves the right to terminate access and/or use of this Site at any time for any reason at the sole discretion of Megan Dowd Wellness LLC.  Reasons may include, but are not limited to:  breaches of the Terms of Use, Privacy Policy, or other incorporated agreements or guidelines; customer-initiated terminations; discontinuation of services; non-payment of costs and fees; technical or security issues; extended periods of user inactivity; fraudulent or illegal user activity.

Modification of Terms

Megan Dowd Wellness LLC reserves the right to modify its Terms of Use, Privacy Policy, conditions for use, and the Site or any portion thereof at any time.

Copyright Infringement

Any suspected infringement of copyright materials on this Site should be brought to Megan Dowd Wellness LLC’s immediate attention.  Megan Dowd Wellness LLC will respond to alleged infringement with the appropriate action pursuant to applicable intellectual property law.

NO WARRANTIES

WE MAKE NO REPRESENTATIONS OF WARRANTIES WITH RESPECT TO THIS SITE, ITS CONTENTS, GOODS AND SERVICES SOLD THROUGH THIS SITE, OR ANY SITE WHICH IS LINKED.  ALL SUCH CONTENT AND MATERIAL IS PROVIDED FOR USE “AS IS” AND ON AN “AS AVAILABLE” BASIS.  WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE; ANY GOODS OR SERVICES SOLD VIA THIS SITE; AND ANY SITE WITH WHICH THIS SITE IS LINKED.  WE DO NOT GUARANTEE OR WARRANT THAT THIS SITE OR ANY SERVERS OR E-MAIL ARE FREE OF ANY HARMFUL COMPONENTS OR VIRUSES.  WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS SITE, OR ANY SITE LINKED, IS ACCURATE, COMPLETE, OR CURRENT.  WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST DELETION, FAILED OR MISTAKEN DELIVERY OR FAILURE TO MAINTAIN COMMUNICATIONS, PERSONAL SETTINGS OR OTHER INFORMATION.  MEGAN DOWD WELLNESS LLC AND ALL OFFICERS, EMPLOYEES, DIRECTORS AND THIRD PARTY AFFILIATES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

Exclusion of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, MEGAN DOWD WELLNESS LLC, ON BEHALF OF ALL OFFICERS, EMPLOYEES, DIRECTORS AND THIRD PARTY AFFILIATES, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE, THE PURCHASE OF GOOD OR SERVICES SOLD THROUGH THIS SITE, OR ANY WEBSITE WITH WHICH THIS SITE MAY BE LINKED.  THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, EQUITY, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER BASIS.

These Terms of Use give you specific rights and you may have other rights based on applicable law.  Any limitations or exclusions in your jurisdiction may mean these Terms of Use may not apply to you.  In any case of incompatibility with these Terms of Use and applicable law, these Terms of Use shall apply to the fullest extent permitted by the laws of the applicable jurisdiction.  Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.  If any provision of these Terms of Use is unlawful, void or unenforceable, that provision is deemed severable from these Terms of Use, will be substituted with a valid and enforceable provision reflecting the intent of the invalid provision, and does not affect the validity and enforceability of any remaining provisions.

Indemnity

You agree to defend, indemnify and hold harmless Megan Dowd Wellness LLC and its officers, employees, directors and third party affiliates from and against all liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of or related to your use of this Site, any content you submit, post to or distribute through this Site or your breach or alleged breach of these Terms of Use.

Legal Compliance

You should comply with all applicable laws, statutes, ordinance and regulations regarding use of this Site.  You guarantee that any information you provide us through the Site is true, accurate, current and complete.  You agree to not to attempt to upload, distribute or transmit any computer viruses, Trojan horses, worms or any other malware designed to interfere, interrupt, or disrupt the normal operating procedures of any computer or system to this Site.  Any unauthorized modification, tampering or alteration of any information or interference with the availability or access to this Site is prohibited.

Please contact megan@megandowdpilates.com with any complaints or concerns regarding misuse of this Site.

Non-Waiver of Terms

No provision of these Terms of Use shall be waived except with prior written consent of Megan Dowd Wellness LLC.  The failure of Megan Dowd Wellness LLC to exercise, or delay in exercising, any right or remedy under these Terms of Use does not constitute a waiver.  These Terms of Use include the entire understanding and agreement between us with respect to the subject matter herein.

Contacting LLC

megan@megandowdpilates.com

Governing Law, Venue, and Dispute Resolution

This Agreement is governed by and construed in accordance with the law of the State of Ohio, without giving effect to any principles of conflicts of law.  You agree to submit to the exclusive jurisdiction of the courts of the State of Ohio or, if appropriate, the United States District Court for the Southern District of the State of Ohio for resolution of any dispute, action or proceeding arising from connection with this Agreement or your use of this Site.

Dispute Resolution

If you live or are based in the United States, in the event of any controversy or claim arising out of or relating to these Terms of Use, the parties shall first attempt, promptly and in good faith, to resolve any such dispute within a reasonable time—not to exceed thirty (30) days—then either party may submit the controversy or claim to binding individual arbitration pursuant to the then current expedited procedures of the commercial arbitration rules of the American Arbitration Association.