Definitions

‟Body Harmonicsˮ and ‟ourˮ refers to Body Harmonics Pilates Inc. and/or the Body Harmonics trademarked brand name.

‟Terms of Useˮ refers to these Website Terms of Use.

‟Websitesˮ refers to any/all websites and/or URLs and/or social media platforms/sites owned and/or operated by Body Harmonics.

‟Education Partner” refers to any individuals or businesses affiliated with and/or authorized by Body Harmonics to promote our products, services and/or use our intellectual property via their own websites and online platforms.

Privacy

Body Harmonics takes your privacy seriously. Please review our Privacy Policy. This Privacy Policy also governs your use of Body Harmonics Websites and is intended to help you understand our practices.

Electronic communications

When you visit our Websites or send e-mails to us, you are communicating with us electronically. In doing so, you consent to receive communications from us electronically via notices posted to our Websites. If you email us, you consent to receiving a personal reply from us or our Education Partners via email. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and in compliance with Canadian privacy laws.

We may send offers to selected groups of Body Harmonics customers on behalf of other businesses. When we do this, we do not give that business your name, email address or any other personal information. If you do not want to receive such offers, please opt-out or adjust your subscription preferences/profile. Links to do so can be found in all of our mass email communications, or you may contact us directly to indicate your preferences. Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share that information.

Your access and use of Body Harmonics Websites

Body Harmonics grants you a limited license to access and make personal use of our Websites but not to download (other than page bookmarking or page caching) or modify it, or any portion of it, except with express written consent from Body Harmonics. This license does not include any resale or commercial use of our Websites or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of our Websites or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search our Websites other than the search engine and search agents available from our Websites and other than generally available third party web browsers (e.g., Netscape Navigator, Internet Explorer, Firefox, Safari). No portion of our Websites may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent from Body Harmonics.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of our Websites or our Education Partners’ sites without express written consent. You may not use any meta tags or any other ‟hidden textˮ utilizing Body Harmonics name(s) or trademark(s) without the express written consent of Body Harmonics. Any unauthorized use terminates the permission or license granted by Body Harmonics.

You are granted a limited, revocable, and nonexclusive right to create hyperlink(s) to the home page(s) of our Website(s) so long as the link does not portray Body Harmonics and/or our Education Partners, or our products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any Body Harmonics logo or other proprietary graphic or trademark as part of the link without express written

You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search our Websites other than the search engine and search agents available from Body Harmonics (and/or our Education Partners) on our Websites, and other than generally available third party web browsers (e.g., Netscape Navigator, Internet Explorer, Firefox, Safari).

Your account

If you use our Websites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. In effect, you agree to accept responsibility for all activities that occur under your account or password.

Site content

Body Harmonics and our Education Partners try to be as accurate as possible. However, we do not warrant that content on our Websites is accurate, complete, reliable, current or error-free. While Body Harmonics strives to keep the information on our Websites accurate, complete, and up-to-date, Body Harmonics, our Education Partners and suppliers cannot guarantee, and will not be responsible for, any damage or loss related to the accuracy, completeness or timeliness of the information.

Disclaimer

Body Harmonics Websites and Education Partners sites are provided on an “as is” and “as available” basis. Body Harmonics makes no representations or warranties of any kind, express or implied, as to the operation of our Websites or our Education Partners’ sites or the information, content, materials or products included on them. You expressly agree that your use of our Websites is at your sole risk. To the full extent permissible by applicable law, Body Harmonics disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

Body Harmonics does not warrant that our Websites, servers or email sent from Body Harmonics Websites are free of viruses or other harmful components. Body Harmonics will not be liable for any damages of any kind arising from the use of our Websites, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

This disclaimer does not apply to any product warranty offered by the manufacturer of the item. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the foregoing limitations may not apply to you. All online transactions on our www.bodyharmonics.com website are processed in Canadian currency.

Copyright

All copyrightable content on Body Harmonics Websites, including but not limited to text, graphics or code is protected by Canadian and/or international copyright laws and is the property of Body Harmonics, which is incorporated in Ontario, Canada.

Body Harmonics grants you permission to electronically copy and/or print out portions of our Websites for personal reference use only or for purposes of purchasing Body Harmonics products or services or enrolling in Body Harmonics programs. Any other use of our Websites and their content is reserved by Body Harmonics.

Trademarks

Body Harmonics^®/™, Body Harmonics Pilates^®/™, Body Harmonics^®/™ Pilates & Movement, Body Harmonics^®/™ Movement, cueing formula™, progressive sequencing™, Body Harmonics^®/™ Foundations, Moving you to good health!™, Move well forever™, Moving well forever™, Building bodies that last™, A Better Way to Move™, Shoptalk™, and Move well. Teach well. Be well.™ and other marks indicated on our Websites and the logo forms of the foregoing marks, are trademarks and/or service marks of Body Harmonics and may be registered in Canada, the United States and/or in other jurisdictions, including internationally. Such trademarks, service marks and trade dress may not be used in connection with any product or service that is not affiliated with Body Harmonics in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Body Harmonics. All other trademarks not owned by Body Harmonics that appear on our Websites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Body Harmonics.

Limitation of liability

Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall Body Harmonics, our Education Partners, employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use our Websites, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of Body Harmonics has been advised of or should have known of the possibility of such damages. In no event will Body Harmonics be liable for any damages in excess of the fees paid by you in connection with your use of our Websites during the six-month period preceding the date on which the claim arose.

The information (including, without limitation, advice and recommendations) and services on our Websites are intended solely as general educational and do not constitute medical or healthcare advice for any individual problem; nor are they substitutes for medical or other professional advice and services from a qualified healthcare provider familiar with your unique facts. Any professional, medical or healthcare advice should be obtained exclusively from a licensed practitioner in your jurisdiction.

Nothing contained in Body Harmonics Websites should be used for medical diagnosis or treatment. The information and services are provided with the understanding that Body Harmonics, our Education Partners, suppliers or users are not engaged in rendering legal, medical, counselling, or other professional services or advice.

Body Harmonics exercise programs and products

Please note the following important cautions before using any exercise program or product from Body Harmonics, including from our Websites and our Education Partners’ sites: not all exercises are suitable for everyone, and any exercise program may result in injury. Consult with your doctor before embarking on an exercise program from Body Harmonics, our Websites, Education Partners or any other exercise program. To reduce the risk of injury, never force or strain during exercise. If you experience pain or discomfort during exercise, stop immediately and consult your doctor. Certain special cautions apply to this or any other exercise program. For that reason, you should consult your doctor to find out if special restrictions apply to you.

The creators, producers, performers, participants and distributors of any and all programs offered by Body Harmonics and/or our Websites and/or our Education Partners cannot guarantee that the programs are safe and proper for every individual. For that reason, all programs from Body Harmonics, our Websites and Education Partners are sold without warranties or guarantees of any kind. Any liability, loss or damage in connection with these programs, including but not limited to any liability, loss or damage resulting from the performance of the exercises demonstrated here, or the advice and information given here is expressly disclaimed.