TERMS AND CONDITIONS OF USE

USE OF THE BASI BLOCK SYSTEMS, LLC’s SYSTEM AND CONTENT ARE CONDITIONED UPON YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE.  PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE BASI BLOCK SYSTEMS, LLC’s SYSTEM AND CONTENT.


By using the BASI Block Systems, LLC’s online system (the “System”), including any software, website or subscription services provided by BASI Block Systems, LLC and its partner companies, BASI Pilates, Solei Systems, Goldenstate Communications (the “Companies”), you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use the System. 


WARNING!

IF AT ANY TIME DURING YOUR WORKOUT YOU FEEL CHEST PAIN, EXPERIENCE SEVERE MUSCULAR DISCOMFORT, FEEL FAINT, OR ARE SHORT OF BREATH, STOP EXERCISING IMMEDIATELY.  IF THE CONDITION PERSISTS, YOU SHOULD CONSULT YOUR MEDICAL DOCTOR IMMEDIATELY.


THE INFORMATION PROVIDED BY AND INCLUDED IN THE SYSTEM IS NOT INTENDED TO BE A SUBSTITUTE FOR MEDICAL OR PROFESSIONAL SERVICE ADVICE.  THE COMPANIES ACCEPT NO RESPONSIBILITY FOR ANY INJURY CAUSED BY THE INFORMATION PRESENTED HERE.  PLEASE CONSULT A PHYSICIAN BEFORE STARTING ANY EXERCISE PROGRAM.

1. THE SYSTEM DOES NOT PROVIDE MEDICAL OR PROFESSIONAL FITNESS ADVICE, AND ONLY PROVIDES SUGGESTED EXERCISE ROUTINES AND EQUIPMENT USAGE.

The information provided by, and the contents of, the System, such as text, graphics, images, videos, information and other material contained within the System, including such material obtained from the Companies licensors (collectively, "Content"), are for guidance and tracking purposes only.  The Content is not intended to be a substitute for professional fitness training advice.  Always seek the advice of a professional fitness trainer or other qualified fitness provider with any questions you may have regarding the use of the System and your exercise regimen.  Also consult your medical provider before starting any exercise routine. Never disregard professional medical or fitness advice or delay in seeking it because of information provided by the System.

If you think you may have physical injuries or conditions preventing you from performing the exercises suggested by the System, stop using the System immediately and seek medical assistance.  The Companies do not recommend or endorse any specific fitness routine, opinions, equipment, equipment usage or other information that may be mentioned on the System. Reliance on any information provided by the Companies, The Companies’ employees, others appearing on the System at the invitation of the Companies, or other visitors appearing on the System is solely at your own risk.  All users must follow the exercise equipment manufacturer’s suggested and indented equipment usage guidelines and heed all posted warnings and cautions, as well as the policies and procedures of the exercise facility wherein the equipment resides. 

2.  USAGE BY MINORS.

The System in designed for usage by adults only, and by minors upon consent by their parent or guardian.  If you are a minor, you must have your parent or guardian review these Terms and Conditions of Use with you and accept them below on your behalf as required.

3.  USE OF CONTENT.

You are permitted to view the Content and the System for solely personal, non-commercial use.

You are prohibited from downloading Content from the System.  Any special rules for the use of certain items accessible on the System may be included elsewhere within the System and are incorporated into these Terms and Conditions by reference.

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with the Companies or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of the Companies.  All rights not expressly granted herein are reserved to the Companies and its licensors.

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately discontinue usage of the System.

4.  LIABILITY OF BASI BLOCK SYSTEMS AND ITS LICENSORS.

The use of the System and the Content is at your own risk.

When using the System and Content, information will be transmitted over a medium that may be beyond the control and jurisdiction of the Companies and its suppliers. Accordingly, the Companies assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the System or Content.

The System and the Content are provided on an "as is" basis. THE COMPANIES, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.  Without limiting the foregoing, the Companies, its licensors, and its suppliers make no representations or warranties about the accuracy, reliability, completeness, currentness, or timeliness of the System and Content, including software, text, graphics, links, videos, or communications provided on or through the use of the System.

In no event shall the Companies, its licensors, its suppliers, or any third parties mentioned on the System or Content be liable for any damages (including, without limitation, incidental and consequential damages, personal injury, wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the System or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Companies, its licensors, its suppliers, or any third parties mentioned on the System or in the Content are advised of the possibility of such damages. the Companies, its licensors, its suppliers, or any third parties mentioned on the System or in the Content shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $100. the Companies, its licensors, its suppliers, or any third parties mentioned on the System or in the Content are not liable for any personal injury, including death, caused by your use or misuse of the System, Content, or Public Areas (as defined below).  Any claims arising in connection with your use of the System, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

5.  USER SUBMISSIONS.

The personal information you submit to the Companies is governed by the Companies Privacy Policy. To the extent there is an inconsistency between these Terms and Conditions and the  Companies Privacy Policy, these Terms and Conditions shall govern.

You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including message boards, posting to training staff, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.

If you make any such submissions, you agree that you will not send or transmit to BASI Block Systems by any means, (including via the mail, facsimile, telephone and electronic mail contacts listed on the "Contact Us" link) any communication or content that infringes or violates any rights of any party or any law, rule or regulation of any applicable jurisdiction.  If you submit any business information, idea, concept or invention to the Companies by any medium, you agree such submission is non-confidential for all purposes.

If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to the Companies by any means, you automatically grant – or warrant that the owner of such content or intellectual property has expressly granted – the Companies a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. the Companies may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to the Companies by any means without a written nondisclosure agreement in place with the Companies.  

6.  PASSWORDS.

the Companies has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your the Companies password, pin or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes passwords; (2) authorize, monitor, and control access to and use of your the Companies account, pin, and password; and (3) promptly inform the Companies or your fitness trainer of any need to deactivate or reset a password or pin. You grant the Companies and all other persons or entities involved in the operation of the System the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the System. the Companies cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using the Companies tools and services.

7.  BASI BLOCK SYSTEMS SUBSCRIPTION SERVICES.

If you choose to subscribe to one of the Companies subscription services (“Subscription Services”), the following additional terms and conditions will apply depending on which service you choose. You should be aware that the Companies Subscription Services are not intended or designed to attract children under the age of 18 without written consent from their parents or guardians. 

INFORMATION YOU SUBMIT:  You are using the Subscription Services at your own risk and you, along with your fitness trainer and healthcare provider, are personally responsible for verifying its suitability for your needs.

CHARGES AND BILLING:  If service fees apply, you are responsible for providing a valid credit card number at the time you register for a Subscription Service. You represent and warrant that you are an authorized user of such credit card, and you agree to pay all charges resulting from your Subscription Service account at the prices then in effect, including any unauthorized charges incurred prior to your notifying the Companies of such charges.  You agree that the Companies may pass your credit card information and related personally identifiable information to its designated service provider(s) for their use in charging you for appropriate services utilized through your Subscription Service.  All Subscription Service charges are exclusive of sales or other taxes and you are responsible for payment of any applicable state, local and city taxes. BASI Block Systems reserves the right to modify or terminate membership plans, change prices, or institute new charges for any Subscription Service at any time with at least thirty (30) days' notice.

CANCELLATION:  You may cancel your Subscription Service at any time.  Cancellation fees may be applied as provided in any other agreement you may have with your fitness provider, third party service provider or the Companies.  Cancellation of your agreement with your fitness provider and/or third party service provider must be done in accordance with your agreement with such provider.  You may cancel your Subscription Service with the Companies as follows:

By contacting your fitness trainer or third party service provider:

By Electronic mail:  Send an electronic mail with the subject line “Cancellation of BASI Block Systems Subscription Service” to info@basipilates.com from the electronic mail account indicated in your “User Profile” in the System.  Be sure to indicate which Subscription Service(s) you wish to cancel and include your first and last name and user login in your cancellation request.

By U.S. mail:  Send a brief letter via standard mail, including an indication which Subscription Service(s) you wish to cancel and your first and last name, user login and electronic mail address, to: BASI Block Systems, Customer Service, 3080 Bristol Street, Suite 500, Costa Mesa, CA   92626

By Telephone:  Dial BASI Block Systems Customer Service at +1 (949) 574-1343.  You will be asked to indicate which Subscription Service(s) you wish to cancel and to provide your first and last name, user login, electronic mail address and/or other relevant identifying information.

CONTACT US: Questions or comments regarding the System, including any reports of non-functioning links, should be directed by electronic mail to info@basipilates.com or via U.S. mail to BASI Block Systems, Customer Service, 3080 Bristol Street, Suite 500, Costa Mesa, CA   92626.  We try to answer every electronic mail and letter in a timely manner but are not always able to do so.

Customers, who accept a trial offer, will not be required to enter their billing information during the sign up. Their account will automatically terminate at the end of their trial subscription (30 days) and they will not have access to the software unless they purchase a subscription.

8.  THE COMPANIES PUBLIC AREAS.

If you use a live or member to member area on the System (a “Public Area”), such as a messaging or bulletin board, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. The Companies and its licensors are not responsible for the consequences of any communications in the Public Areas.  In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.  If you think you may have a medical emergency, call your doctor or 911 immediately.

In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

  1. Using a Public Area for any purpose in violation of local, state, national, or international laws;
  2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
  3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by BASI Block Systems in its sole discretion;
  4. Posting advertisements or solicitations of business;
  5. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
  6. Posting chain letters or pyramid schemes;
  7. Impersonating another person;
  8. Distributing viruses or other harmful computer code;
  9. Harvesting or otherwise collecting information about others, including electronic mail addresses, without their identification for posting or viewing comments; consent;
  10. Allowing any other person or entity to use your identification for posting or viewing comments;
  11. Posting the same note more than once or "spamming"; or
  12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the System, or which, in the judgment of the Companies, exposes the Companies or any of its customers or suppliers to any liability or detriment of any type.

the Companies reserve the right (but is not obligated) to do any or all of the following:

  1. Record the dialogue in public areas;
  2. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s);
  3. Remove communications which the Companies deems to be abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions;
  4. Terminate a user's access to any or all Public Areas and/or the System and Content upon any breach of these Terms and Conditions;
  5. Monitor, edit, or disclose any communication in the Public Areas;
  6. Edit or delete any communication(s) posted on the System, regardless of whether such communication(s) violate these standards.

the Companies or its licensors have no liability or responsibility to users of the System or Content or any other person or entity for performance or nonperformance of the aforementioned activities.

 

9.  ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES.

 

The Companies may provide links to third-party web sites. The Companies also may select certain sites as priority responses to search terms you enter and the Companies may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. the Companies does not recommend and does not endorse the content on any third-party websites. the Companies are not responsible for the content of linked third-party website, website framed within the BASI Block Systems website, third-party website provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. The Companies do not endorse any product or service advertised on the System or in any Content.

 

10.  INDEMNITY.

 

You agree to defend, indemnify, and hold the Companies, its officers, directors, shareholders, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

 

11.  GENERAL.

 

The Companies are based in Costa Mesa and Santa Cruz, California, in the United States of America. The Companies makes no claims that the Companies, the System or the Content are appropriate or may be accessed or downloaded outside of the United States. Access to the System and/or Content may not be legal by certain persons or in certain countries. If you access the Companies website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

 

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever:  Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.

 

12.  JURISDICTION.

 

You expressly agree that exclusive jurisdiction for any dispute with the Companies, or in any way relating to your use of the System or Content, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving the Companies or its affiliates, subsidiaries, employees, shareholders, contractors, officers, directors, telecommunication providers, and Content providers.

 

These Terms and Conditions are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

 

13. NOTICE AND TAKE DOWN PROCEDURES; AND COPYRIGHT AGENT.

 

If you believe any materials accessible on or from the System or included in the Content infringe your copyright, you may request removal of those materials (or access thereto) from the System or the Content, as applicable, by contacting the Companies and providing the following information:

 

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

 

2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

 

3. Your name, address, telephone number and (if available) electronic mail address.

 

4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

 

5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.

 

6. A signature or the electronic equivalent from the copyright holder or authorized representative.

 

The Companies address for copyright issues relating to the System is as follows:

 

Pilates Interactive

3080 Bristol Street, Suite 500

Costa Mesa, CA,

USA, 92626

info@pilatesinteractive.com

 

The Companies maintain a policy for the termination, in appropriate circumstances, of subscribers and account holders of the System who are repeat infringers.

 

14. COMPLETE AGREEMENT.

 

Except as expressly provided in a particular "legal notice" on the System or in any Content, these Terms and Conditions and the Companies Privacy Policy and any separate Subscription Services Agreement you enter into with the Companies constitute the entire agreement between you and the Companies with respect to the use of the System and Content. the Companies may revise and update these Terms and Conditions at any time. Your continued usage of the System will mean you accept those changes.

 

Thank you for your cooperation. We hope you find the System and Content useful.  Questions or comments regarding the System or Content, including any reports of non-functioning links, should be submitted using our Contact  the Companies link or via U.S. mail to Pilates Interactive, 3080 Bristol Street, Suite 500, Costa Mesa, CA  92626.  We try to answer every electronic mail and letter in a timely manner but are not always able to do so.

 

Copyright © 2013 Pilates Interactive. All rights reserved