Terms & Conditions

Terms and Conditions FLX MOVE, THE PILATES EXPERIENCE, ANDREA METCALF INC.

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By accessing or using FLXMOVE.COM, THEPILATESEXP.COM you agree to be bound by and accept without reservation this agreement's terms and conditions. If you do not agree or do not want to be bound by such terms and conditions you should not access or use FLXMOVE.COM, THEPILATESEXP.COM You further understand, acknowledge, and agree that any terms and conditions may change from time to time without notice to you, and by accessing or using FLXMOVE.COM, THEPILATESEXP.COM you agree to be bound by and accept such changed terms and conditions without reservation.

 

Please feel free to download or print any information provided by FLXMOVE.COM, THEPILATESEXP.COM provided such is for your personal use only. You may not, in whole or in part, reprint, retransmit, distribute or reproduce any information unless you have received FLXMOVE.COM, THEPILATESEXP.COM's prior written permission.

 

You can only use FLXMOVE.COM, THEPILATESEXP.COMfor lawful educational and entertainment purposes. You may not use FLXMOVE.COM, THEPILATESEXP.COM to transmit, distribute or store material in violation of any applicable law, nor in any manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of Andrea Metcalf Inc. FLXMOVE.COM, THEPILATESEXP.COM or others or the privacy, publicity or other personal rights of others or that is obscene, threatening, abusive, defamatory, pornographic, invasive of privacy, illegal, or hateful.

 

Privacy is of great concern to us and we respect the privacy of all our users. FLXMOVE.COM, THEPILATESEXP.COM will not release any personal information such as name, e-mail address, address, etc. to any third party without your prior consent. You may visit our Privacy Policy to ensure our concern for your privacy. Personal information must be used, however, when you purchase products or services from FLXMOVE.COM, THEPILATESEXP.COM or if necessary for enforcement of any of this Agreement's terms and conditions.

 

FLXMOVE.COM, THEPILATESEXP.COM may contain links to websites operated by other parties. The links are provided for your convenience only. FLXMOVE.COM, THEPILATESEXP.COM does not control nor endorse such websites nor is FLXMOVE.COM responsible for the content, condition, and performance of these sites or for your relationship with them. Links provided on FLXMOVE.COM, THEPILATESEXP.COM do not imply any endorsement of the material and/or products on other such websites.

 

Information contained in FLXMOVE.COM, THEPILATESEXP.COM is not a substitute for professional medical advice, health care services, or a medical exam. Nothing accessed is or should be interpreted as a general or specific recommendation for a specific treatment plan, product, exercise regimen, or course of action. Always seek the advice of your physician or other qualified health professional before starting any new regimen or treatment. Reviewing the information provided by FLXMOVE.COM shall not and in fact does not replace speaking with a qualified health, exercise, or medical professional. Only your doctor or a qualified medical professional can provide you with advice or recommendations for an individual ailment, treatment, or problem. In addition, while FLXMOVE.COM, THEPILATESEXP.COMendeavors to frequently update its content, health, exercise, and medical information, such information changes rapidly and it is impossible forFLXMOVE.COM, THEPILATESEXP.COM to stay abreast of all such changes. Please review the Terms and Conditions of Use before using this website. Your use of this website indicates your agreement to be bound by the Terms and Conditions of Use.

 

You agree that FLXMOVE.COM, THEPILATESEXP.COM, its officers, directors, employees, or agents shall have no liability to you under any theory of law, liability, or indemnity in connection with your use of FLXMOVE.COM, THEPILATESEXP.COM. You hereby release, discharge, and forever waive any and all claims you may have against FLXMOVE.COM, its officers, directors, employees, agents, or the like including but not limited to claims based upon the negligence of FLXMOVE.COM, THEPILATESEXP.COM, its officers, directors, employees, agents, or the like for losses or damages you sustain in connection with your access and use of FLXMOVE.COM, THEPILATESEXP.COM Under no circumstances including but not limited to negligence, shall FLXMOVE.COM, THEPILATESEXP.COM be liable for any damages (special, consequential, incidental, or punitive) that result from your use of, or your inability to use, the materials in this site, even if FLXMOVE.COM or a representative has been advised of the possibility of such damages.

 

Applicable law may not allow the full or partial limitation or exclusion of liability or damages, so that the above limitation or exclusion may not apply to you, but such exclusion is applicable to the least extent possible to avoid such exclusion. Any action or proceeding to enforce any provision of, or based on any right arising out of, this Agreement must be brought against either of the parties in the courts of the State of Illinois, Cook County and you acknowledge and consent to the exclusive personal jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waive any objection to venue laid therein. Process in any action or proceeding referred to in the preceding sentence may be served on you anywhere in the world. This Agreement shall be governed by the State of Illinois internal laws without regard to conflicts of law principles. This Agreement embodies the entire understanding between the Parties and supersedes any prior understanding and agreements between and among them respecting the subject matter hereof. There are no representations, agreements, arrangements, or understandings, oral or written, between the parties hereto relating to the subject matter of the Agreement which are not fully expressed herein.

 

**DISCLAIMER OF WARRANTIES**

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE MATERIALS PROVIDED IS AT YOUR SOLE RISK. THE MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.FLXMOVE.COM, THEPILATESEXP.COM  EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FLXMOVE.COM MAKES NO WARRANTY THAT:

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(i) THE MATERIALS WILL MEET YOUR REQUIREMENTS

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(ii) THE MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE

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(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MATERIALS WILL BE ACCURATE OR RELIABLE

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(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS

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(v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FLXMOVE.COM OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED.

 

**LIMITATION OF LIABILITY**

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FLXMOVE.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF FLXMOVE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

 

(i) THE USE OR THE INABILITY TO USE THE SITE

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(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE

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(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA

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(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE

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(v) ANY OTHER MATTER RELATING TO THE SITE. EXCLUSIONS AND LIMITATIONS: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY DIRECTLY TO YOU.

 

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