Pilates House Website Terms of Use
Last Modified: July 3, 2025
These Pilates House Website Terms of Use (these “Terms of Use”), the Pilates House Privacy Policy found at http://www.theoptimistpilates/privacypolicy, and any other documents expressly incorporated by reference herein collectively form an agreement (collectively, the “Agreement”) by and between you and Pilates House dba The Optimist Pilates (“Pilates House” or “We”), which governs your access to and use of the website found at www.theoptimistpilates (the “Site”).
Please read the Agreement carefully before using the Site. By accessing or using the Site, or by clicking to indicate you accept this Agreement, you accept and agree to be bound and abide by Agreement. IF YOU DO NOT WANT TO AGREE TO THE TERMS OF THE AGREEMENT, YOU MUST NOT ACCESS OR USE THE SITE.
YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND HAVE REACHED THE LEGAL AGE TO FORM A BINDING AGREEMENT WITH PILATES HOUSE.
1. Overview. This Site is offered and available to users who have reached the age of majority and who are in the United States. Users under the age of 18 may only use this Website with parental supervision and/or consent. The Site provides information about Pilates House and its services and allows users to sign up for classes, reserve time slots, sign up for memberships, and make other purchases. It is intended for users who want to take in-person Pilates classes at Pilates House.
2. Changes to the Terms of Use. Pilates House may revise and update these Terms of Use (or other parts of the Agreement) from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to your access to and use of the Site thereafter. Your continued use of the Site following the posting of such changes means that you accept and agree to the changes. You are expected to check this page each time you access this Site so you are aware of any changes, as they are binding on you.
3. Accessing the Website and Account Security.
Modifications and Availability of Site. Pilates House may withdraw, modify, or restrict access to the Site or any part of it in Pilates House’s sole discretion and without notice. Pilates House shall have no liability if the Site or any prat of it is unavailable at any time or for any period.
Access. You are responsible for making all arrangements (and payments) necessary for you to have access to the Site, including having access to the Internet, data networks, devices, compatible software and hardware, and other goods and services needed to access and use the Site. You acknowledge that your access to and use of the Site may experience delays or errors due to reliance on the Internet and electronic communications systems. You are responsible for ensuring that all persons who access the Site through your Internet connection comply with the terms and conditions of this Agreement and you are responsible for their acts and omissions when they access and use the Site.
Registration. To access certain areas or features of the Site, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide to Pilates House (whether via the Site or otherwise) is correct, current, and complete. All information you provide to via the Site or otherwise is governed by our Privacy Policy http://www.theoptimistpilates/privacypolicy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Credentials. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Pilates House has the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use or any part of the Agreement.
4. Restrictions.
General. You may only view the Site for your personal, non-commercial purposes (including by allowing your computer to store copies of the Site materials temporarily in RAM incidental to accessing and viewing the Site and by allowing your computer to store files automatically cached by your browser to enhance the display) and only if you meet the eligibility requirements set forth above and comply with the terms of the Agreement. If Pilates House provides a mobile application for download, you may download a single copy of the mobile application to your mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such application. If we provide social media features with certain content, you may take such actions as are enabled by such features. You must comply with all applicable laws and this Agreement when accessing and using the Site and use the Site only for lawful purposes.
No Copying. Except to the extent such restrictions are prohibited by applicable law, you may not copy, reproduce, modify, adapt, disassemble, reverse engineer, decompile, distribute, sell, resell, lease, license, perform, display, download, transfer, transmit, stream, broadcast, create derivative works from, translate, circumvent any anti-piracy technology or features that enforce limitations on use of or otherwise alter or attempt to discover the source code, object code, or other portion of, or otherwise use or exploit the Site (or any of the materials or content posted on the Site) except as expressly permitted in this Agreement. You may not access any portion of the Site for commercial purposes. You may not remove any copyright, trademark, or other intellectual property or other proprietary notices from any portion of the Site. You shall not link to, mirror, or frame the Site or any part of it if you breach these restrictions, your right to use the Site will cease immediately and you must, at Pilates House’s option, return or destroy any copies of materials from the Site that you have made.
No Disruption. You shall not (i) use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other user’s use of the Site; (ii) use, cause, or launch any robot, spider, program, script, or other automatic device, process, or means to access the Site for any purpose, including scraping, indexing, surveying, data mining, monitoring or copying any of the material available through the Site; (iii) use any manual process to monitor or copy any of the material available through the Site; (iv) use any device, software, or routine that interferes with the proper working of the Site; (v) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (vi) attempt to gain unauthorized access to, interfere with, damage, impair, or disrupt any parts of the Site, the server on which transmissions through the Site are stored, or any server, computer, database, system, or network connected to the site; (vii) attack the Site via a denial-of-service attack or a distributed denial-of-service attack; (viii) otherwise attempt to burden or hinder the operation of the Site, interfere with the proper working of the Site, or the use and enjoyment of them by others as determined by Pilates House in its sole discretion.
No Abuse. You shall not use the Site (i) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (ii) to impersonate any person or entity; (iii) to stalk or harass any other person; (iv) to harm or exploit minors in any way; (v) to falsely state or misrepresent your affiliation with another person or entity or to impersonate or attempt to impersonate Pilates House, a Pilates house employee, another user, or any other person or entity, whether by using that person’s email address, screen name, or other indicia associated with the foregoing or otherwise or that misleadingly gives the impression that they emanate form or are endorsed by Pilates House or any other person or entity if that is not the case; (vi) to provide any false or misleading data or materials likely to deceive others; (vii) to infringe any patent, trademark, trade secret, service mark, copyright, or other intellectual property right of another person; (viii) to access or use the account of another user; (ix) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the standards and requirements of this Agreement; (x) to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation or messages for any commercial purposes; (xi) to distribute computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (xii) to “hack” or access without permission Pilates House proprietary or confidential records or those of any third party; (xiii) to transmit, upload, post, or promote any libelous, abusive, offensive, harassing, violent, inflammatory, threatening, defamatory obscene, indecent, sexually explicit, pornographic, or otherwise objectionable materials (as determined by Pilates House in its sole discretion), materials that promote discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, age, or other materials that could give rise to any civil or criminal liability under U.S. or international law; (xiv) to promote any illegal activity or advocate, promote, or assist any unlawful act; (xv) to deploy or use bots, robots, web crawlers, or other similar electronics or computer code to scrub, copy, or capture data; (xvi) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm the Pilates House or users of the Site, or expose them to liability.
5. Intellectual Property Rights.
General. The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Pilates House, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. No right, title, or interest in or to the Site or any content, features, functionality, information, software, text, displays, images, video, or audio on the Site is transferred to you, and all rights not expressly granted are reserved by Pilates House. No rights are granted by estoppel or implication. Any use of the Site not expressly permitted by these Terms of Use is a breach of this Agreement and may violate copyright, trademark, and other laws.
Marks. PILATES HOUSE, THE OPTIMIST PILATES, and all other names, logos, product and service names, designs, and slogans are trademarks proprietary to Pilates House or its affiliates or licensors. You must not use such marks without the prior written permission of Pilates House. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
Notices. You shall not delete or alter any copyright, trademark, or other proprietary rights notices associated with the Site or its content, functionality, or features.
6. No Reliance. Pilates House makes information available on or through the Site solely for general information purposes. Pilates House does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Information on the Site may be incomplete or out of date and Pilates House has no obligation to update such information. Pilates House disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. If the Site includes content provided by third parties, all such third party statements and opinions are solely the opinions and responsibility of such third parties and do not necessarily reflect the opinion of Pilates House. Pilates House is not responsible or liable to you or any third party for the content or accuracy of any third party materials.
7. Privacy. All information Pilates House collects on this Site is subject to our Privacy Policy found at http://www.theoptimistpilates/privacypolicy. By accessing and using the Site
and/or by affirmatively agreeing to be bound by the terms and conditions of the Agreement, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
8. Geography. Pilates House is based in the State of Alabama and provides services in the United States. Pilates House makes no claim that its Site is accessible or appropriate outside the United States. If you access the Site outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
9. Online Purchases and Other Terms and Conditions. You agree to be bound by the Liability & Photo/Video Release Waiver, the Photo Release, and the Terms and Conditions https://www.theoptimistpilates.com/waivers, which supplement and are incorporated into this Agreement. The Membership Terms https://www.theoptimistpilates.com/terms-andconditions apply to all purchases of memberships at Pilates and supplement and are incorporated into this Agreement. You agree to be bound by the terms and policies set forth on the Site, including those set forth on the FAQ page (https://www.theoptimistpilates.com/faqs) and the pricing pages (https://www.theoptimistpilates.com/pricing-mt?_mt=%2Fbuy%2F48717 and https://www.theoptimistpilates.com/private-sessions). Additional terms and conditions may also apply to specific portions, services, or features of the Site or other transactions for the sale of goods or services, whether carried out through the Site or resulting from your visits. All such additional terms and conditions are hereby incorporated by this reference into this Agreement.
10. Linking.
Links to Site. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement by Pilates House without our express written consent. Without limiting the foregoing: You shall not establish a link from any website that is not owned by you, cause the Site or any portion of it to be displayed (or appear to be displayed) by another site (such as via framing, deep linking, or inline linking), link to any part of the Site other than the homepage, or otherwise take action with respect to the content on this Site in a way that conflicts with other provisions in this Agreement. You shall cooperate with us in causing any unauthorized framing or linking to stop immediately. Pilates House may withdraw any linking permission immediately without notice.
Links from Site. If the Site contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
11. Representations, Warranties, Disclaimers.
Your Representations. You represent and warrant that you have the legal power and authority to enter into this Agreement without consent from any third party. You represent and warrant that you are at least 18 years old, have reached the age of majority, and are competent to enter into this Agreement. You represent and warrant that you have not provided any false information to gain access to the Site and that all information you provide (whether via the Site or otherwise) is true, accurate, unaltered, complete, and correct and will contain no untrue statement or omission of material fact or data. You represent and warrant that the information you submit through the Site belongs to you and that neither such information nor granting permission to use it as set forth in this Agreement violates the terms or conditions of this Agreement or any other agreement to which you are a party. You represent and warrant that none of executing, delivering, enter into, and performing your obligations under this Agreement will violate any provision of law or any order of any court or any governmental authority to which you are subject, or conflict with, result in a breach of, or constitute a default under any contract or agreement by which you are bound. You represent and warrant that your use of the Site shall comply with all applicable laws, regulations, rules, ordinances, and court orders.
Disclaimer. You understand that Pilates House cannot and does not guarantee or warrant that files available for downloading from the Internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data. You agree that your use of the Site is entirely at your own risk to the maximum extent permitted by law. Pilates House may disable, suspend, or remove any part of the Site or the content or features at any time (including if required to do so by one of its licensors or suppliers, if you have breached your obligations under this Agreement, or for any other reason or no reason at Pilates House’s sole discretion. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PILATES HOUSE MAKES NO REPRESENTATION OR WARRANTY REGARDING THE SITE OR INFORMATION PROVIDED UNDER THIS AGREEMENT AND EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY REGARDING INFORMATION ACCURACY, ANY WARRANTY THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, VIRUS-FREE, FREE OF DESTRUCTIVE CODE, OR TIMELY, ANY WARRANTY REGARDING QUALITY, RELIABILITY, ACCURACY, TIMELINESS, SUITABILITY, USABILITY, COMPLETENESS, SECURITY, AVAILABILITY OR CONDITION OF THE SITE, AND ANY WARRANTY THAT THE SITE WILL OPERATE WITH ANY PARTICULAR HARDWARE, SOFTWARE, SYSTEM, OR DATA. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PILATES HOUSE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAM, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND RELATED INFORMATION AS WELL AS ANY PRODUCTS OR SERVICES SOLD THROUGH IT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. NEITHER PILATES HOUSE NOR ANY PERSON ASSOCIATED WITH IT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER PILATES HOUSE NOR ANYONE ASSOCIATED WITH PILATES HOUSE REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, PILATES HOUSE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. PILATES HOUSE SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY VIRUSES OR OTHER FORMS OF CONTAMINATION OR DESTRUCTIVE FEATURES THAT AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA, OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE. PILATES HOUSE MAKES NO WARRANTY REGARDING THE QUALITY, SUITABILITY, OR SECURITY OF THIRD PARTY MATERIALS. THE FOREGOING DOES NOT APPLY TO WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
12. Limitation on Liability. NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL PILATES HOUSE OR ITS DIRECTORS, EMPLOYEES, OFFICERS, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, ENHANCED, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUES, BUSINESS OR PROFITS, LOSS OF DATA, DIMINUTION IN VALUE, BUSINESS INTERRUPTION, REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF PILATES HOUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PILATES HOUSE ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY VIRUSES OR OTHER FORMS OF CONTAMINATION OR DESTRUCTIVE FEATURES THAT MAY AFFECT YOUR DEVICE, COMPUTER EQUIPMENT, SOFTWARE, DATA, OR OTHER PROPERTY AS A CONSEQUENCE OF YOUR ACCESS TO OR USE OF THE SITE OR ANY WEBSITES LINKED TO THE SITE. NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL PILATES HOUSE BE LIABLE TO YOU FOR ANY DAMAGES IN EXCESS OF THE AMOUNT OF THE PURCHASE PRICE FOR THE TRANSACTION GIVING RISE TO THE CLAIM. PILATES HOUSE SHALL HAVE NO LIABILITY FOR ANY LOSSES, DAMAGES, OR OTHER LIABILITY RELATED TO YOUR USE OF THE SITE, YOUR INABILITY TO ACCESS OR USE THE SITE, EVEN IF PILATES HOUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, OR LOSS. THESE LIMITATIONS AND DISCLAIMERS DO NOT ALTER YOUR RIGHTS TO THE EXTENT THEY CANNOT BE ALTERED UNDER APPLICABLE LAW.
13. Indemnification. You agree to defend, indemnify, and hold harmless Pilates House, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of the Agreement or your use of the Site, including, but not limited to, your use of Site content, services, and/or products other than as expressly authorized in this Agreement, and/or your use of any information obtained from the Site.
14. General.
Dispute Resolution, Limitations on Actions, Arbitration. This Agreement and your use of the Site are governed by and shall be construed in accordance with the internal laws of the State of Alabama and the United States without giving effect to any conflict of law provision or rule (whether of the State of Alabama or any other jurisdiction). You shall institute any legal suit, action, or proceeding arising out of, or related this Agreement, your purchases and receipt of services from Pilates House, or the Site exclusively in the federal and state courts siting in Jefferson County, Alabama, although we retain the right to bring any suit, action, or proceeding against you for breach of this Agreement in your state of residence. YOU WAIVE ANY AND ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION OVER YOU BY SUCH COURTS AND TO VENUE IN SUCH COURTS. ANY CAUSE OR ACTION YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE SITE, YOUR PURCHASES MADE THROUGH THE SITE, YOUR RECEIPT OF SERVICES, AND/OR YOUR RELATIONSHIP WITH PILATES HOUSE MUST BE BROUGHT SOLELY ON YOUR OWN BEHALF AND MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES OR SHALL BE PERMANENTLY BARRED. AT PILATES HOUSE’S SOLE DISCRETION, IT MAY REQUIRE YOU TO SUBMIT ANY DISPUTES ARISING FROM OR RELATING TO THIS AGREEMENT, YOUR USE OF THE SITE, YOUR PURCHASES MADE THROUGH THE SITE, YOUR RECEIPT OF SERVICES, AND/OR YOUR RELATIONSHIP WITH PILATES HOUSE, INCLUDING WITHOUT LIMITATION ANY DISPUTES ARISING FROM OR CONCERNING THE INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION OF THIS AGREEMENT TO FINAL AND BINDING ARBITRATION UNDER THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION APPLYING ALABAMA LAW.
Force Majeure. Pilates House shall not be liable for any failure or delay in performance of its obligations when such failure or delay is due to any act of God, tornado, fire, hurricane, flood, labor strike, act of war, act of terror, government order, epidemic, pandemic, delays in supply, or other event similarity outside of Pilates House’s control.
Notice. All notices for Pilates House required under this Agreement shall be in writing sent by hand, certified mail return receipt requested, or reputable overnight courier service addressed to 2719 19th Pl. S., Suite 109, Birmingham, AL 35209 unless changed by notice pursuant to this section. All notices to you required under this Agreement may be sent by email to the email address you provide or by posting it to this Site. Notices sent to you by email shall be effective when the email is sent and notices posted to this Site shall be effective once it is posted. It is your obligation to make sure your email address stays current.
No Third Party Beneficiary. This Agreement may be enforced only by the parties and their permitted successors and assigns.
Severability. If a court or other tribunal of competent jurisdiction holds any provision of this Agreement invalid, illegal, or unenforceable, such provision shall be eliminated or limited to the minimum extent required and the remaining provisions of the Agreement will continue in full force and effect.
Remedies. Except as otherwise expressly stated in this Agreement, all remedies are cumulative, and the exercise or partial exercise of any such right or remedy shall not preclude the exercise of any other.
Waivers. No waiver by Pilates House of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Pilates House to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
Entire Agreement. The Agreement constitutes the sole and entire agreement between you and Pilates House regarding the Site and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
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