TERMS AND CONDITIONS
All users of this website agree that access to and use of this website is subject to the following terms and conditions. If you do not agree to these terms and conditions, please do not access or use this website.
All copyrightable content on this website, including but not limited to text, graphics or code is protected by United States and international copyright laws and is the property On Center Conditioning Body Arts and Science Inc. (“On Center Conditioning”), a California corporation. BASI® grants the user permission to electronically copy and/or print out portions of this website for personal reference use only or for purposes of purchasing BASI products or services or enrolling in BASI programs. Any other use of the website and its content are reserved by BASI.
BASI PILATES®, PILATES INTERACTIVE®, BODY ARTS AND SCIENCE INTERNATIONAL®, MARATHON MAT®, ULTRA MARATHON MAT® and other marks indicated on this website and the logo forms of the foregoing marks, are trademarks and/or service marks of New Wave Pilates Corporation (“New Wave”) and may be registered in the United States 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 either New Wave or On Center Conditioning in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits New Wave or On Center Conditioning. All other trademarks not owned by New Wave or On Center Conditioning that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by New Wave or On Center Conditioning.
Policy Towards Children
We do not sell products for purchase by children. If you are under 18, you may use basipilates.com only with the involvement of a parent or guardian.
Disputes, Jurisdiction and Venue
By using this website or purchasing any products or services from On Center Conditioning, you agree that any legal action brought by or against New Wave or On Center Conditioning shall be governed by the laws of the State of California for contracts that are entered into and performed wholly within the State of California, without regard to its conflict of law principles or to the United Nations Convention on the International Sale of Goods (CISG), which is hereby specifically disclaimed by you and On Center Conditioning. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on or through this website shall be in an appropriate federal or state court located in the county of On Center Conditioning’s principal office at the time of the commencement of such action, namely Costa Mesa, California.
Please Read This Important Disclaimer of Warranties and Limitations on Liability
On Center Conditioning makes no representations or warranties of any kind, express or implied, as to the operation of this website or the information, content, materials, products, services included on or available through this website. Consequently, to the fullest extent allowable under applicable law, On Center Conditioning and New Wave Pilates, and their respective shareholders, directors, officers, employees, contractors and agents (“Related Persons”) shall not be held liable for damages or injuries of any kind allegedly caused or resulting from the use of this website or such information, content, materials, products, services; disclaim all such liability, and disclaim all warranties, express or implied, related to this website and such information, content, materials, products, services, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
In addition to the foregoing, this website is provided by on center conditioning on an “as is” and “as available” basis and On Center Conditioning makes no warranty that this website, its servers or email sent from On Center Conditioning’s servers are free of viruses or other harmful components.
You expressly agree that your use of this website is at your sole risk and responsibility.
When you visit this website or send e-mail to On Center Conditioning, you are communicating with On Center Conditioning electronically. You consent to receive electronic communications from On Center Agreement and you further agree that all agreements, notices, disclosures and other communications that On Center Conditioning provides to you electronically satisfy any legal requirement that such communications be in writing.
If you have a User Account, you are solely responsible for maintaining the confidentiality of your user name and password, and you agree to accept responsibility for all activities that occur under your user name.
In the event that any product or service available through this website is mistakenly listed at an incorrect price or with an inaccurate description, On Center Conditioning reserves the right to refuse or cancel any orders placed for product or service whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, On Center Conditioning shall issue a credit to your credit card account for the full amount that you paid.
You shall not use this website for harassment of any person in any manner or form. Nor shall you use obscene or abusive language in your communications on or through this website or impersonate another person. You shall not upload to or otherwise publish through this website any content that may, in the sole judgment of On Center Conditioning, be deemed libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or that may constitute or encourage a criminal offense or violate the rights of any party.
On Center Conditioning does not and cannot review all communications and materials posted to or created by users accessing the website, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the website, On Center Conditioning is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the website. However, On Center Conditioning the right to block or remove any communication or material that it determines to be in violation of these Terms and Conditions of Use or is otherwise unacceptable to On Center Conditioning acting in its sole discretion.
You agree to indemnify, defend, and hold harmless On Center Conditioning and New Wave Pilates and their respective Related Persons from and against all losses, expenses, damages and costs, including but not limited attorneys' fees, court costs and legal expenses resulting from any violation by you of these Terms and Conditions of Use or any activity by a third party who accesses this website through your User Account.
Users of basipilates.com are also subject to our Privacy Statement, which is posted at http://www.basipilates.com/privacy-policy
These Terms and Conditions of Use were last modified on May 18, 2014 and may be modified, amended or otherwise changed at any time. Such changes will become effective immediately upon posting.