Terms of Use

LAST UPDATED: May 13, 2025.

PLEASE READ THESE TERMS OF USE CAREFULLY. THEY SET FORTH THE IMPORTANT TERMS YOU WILL NEED TO KNOW ABOUT THE SITE AND SERVICES, AS THOSE TERMS ARE DEFINED BELOW. 

These Terms of Use (“TOU”) are an agreement between BMS Pilates, LLC dba Trifecta Pilates (“Trifecta Pilates”, “Company”, “us”, “our”, and “we”), a Colorado limited liability company, and you, a user of our Services (as defined below; “you,” “your”) and our websites located at trifectapilates.com, trifectapilatesmembers.com, and related domains, sub domains, and mobile and desktop applications (individually and collectively, the “Site”). The Site is intended to be a resource for and facilitate the provision of Services to registered Site or Services users (each, a “User”). By using our Site or Services, you agree to be bound by these TOU as well as our Privacy Policy and all applicable law. Any new features of our products, Services and Site, including updates, upgrades, or new Services, shall also be subject to these TOU. In addition, some products and services we offer may be subject to additional terms and conditions that we publish from time-to-time. Your use of such services is subject to those additional terms and conditions. The Site and Services are continually under development, and we reserve the right to review, amend, edit, alter, or remove any part of these TOU in our sole discretion at any time and without prior notice to you. Any changes to these TOU are effective upon posting to the Site. If you do not accept and agree to be bound by these TOU, you are not authorized to access or otherwise use the Site, Services, or any information or Content provided through the Site or Services. If you disagree with these TOU, your sole and exclusive remedy is to discontinue your use of the Site or Services, subject to applicable legal obligations. Your continued use of the Site or Services after a change has been posted constitutes your acceptance of the changes.

THESE TOU REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS ONLY (i.e., CASE CONSOLIDATIONS AND CLASS-ACTIONS ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES. THESE TOU ALSO CONTAIN A RELEASE OF CLAIMS AND PROMISE NOT TO SUE US. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF.

Trifecta Pilates strongly recommends you consult with your physician or other healthcare provider as you deem fit before beginning any exercise program. You should be in good physical condition and be able to participate in the exercise. TRIFECTA PILATES IS NOT A LICENSED MEDICAL CARE PROVIDER OR LICENSED PROFESSIONAL ENTITY AND DOES NOT HAVE ANY EXPERTISE IN DIAGNOSING, EXAMINING, OR TREATING MEDICAL CONDITIONS OF ANY KIND, OR IN DETERMINING THE EFFECT OF ANY SPECIFIC EXERCISE ON A MEDICAL CONDITION. 

For US Residents: IN CASE OF A MEDICAL EMERGENCY, YOU SHOULD SEEK IMMEDIATE MEDICAL ATTENTION OR EMERGENCY CARE BY IMMEDIATELY GOING TO AN EMERGENCY ROOM OR BY CALLING 911. IN CASE OF A MENTAL HEALTH EMERGENCY, PLEASE CONTACT the Suicide and Crisis Lifeline by calling or texting 988. If you are not located in the US and you experience an emergency, PLEASE IMMEDIATELY CALL LOCAL EMERGENCY SERVICES OR GO TO THE NEAREST EMERGENCY DEPARTMENT.

Services. Our “Services” may include: 

1. Offering an online platform, including websites and phone/tablet applications, for the provision of and participation in Pilates classes, sessions, and courses.
2. Providing in-person guidance and instruction in Pilates classes, sessions, and courses.
3. Providing individuals with non-professionally licensed information, training, evaluation, and guidance regarding the teaching of and profession in providing Pilates services and related matters, including via our Courses, as defined herein.

Eligibility. Users of the Site or Services must generally be at least eighteen (18) years of age and meet any other requirements in these TOU. If you are under 18 years old, you may use the Site and our Services solely with the approval of your parent or legal guardian. This website is not intended for use by children. Company makes no claims and specifically disclaims that the Site may be lawfully accessed in any specific location. Access to the Site may not be legal by certain persons or in certain states or certain countries, or may require government authorization or registration. When you access the Site you are solely responsible for compliance with the laws and regulations of your jurisdiction. We reserve the right to change or include new requirements for use of or participation in the Site or Services as we may deem appropriate in our sole discretion and without providing prior notice to you. In consideration of your use of our Site and Services, you represent you are of legal age to form a binding contract and are not a person barred from using, receiving, or accepting our Services under the laws of the United States or other applicable jurisdictions, such as the European Economic Area. 

Your Conduct. The Site may be used only for lawful purposes. We specifically prohibit any use of the Site or Services, and all Users agree not to use the Site or Services, for any purposes other than those valid purposes we designate.

Except as we expressly authorize, you agree you will not, directly or indirectly, and will not attempt to: (a) impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity; (b) use the Site or Services to violate any local, state, national, or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Site; (d) distribute, input, upload, transmit, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or our Site, or any other system, device, or property; (e) access or use the Site in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third-party; (f) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third-party the Site, Services, or related materials in any way; (g) use or access the Site to create or develop competing products or services or for any other purpose that is to our or our affiliates’ detriment or commercial disadvantage; (h) take any action or use the Site in any manner that could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner our Site or any content, in whole or in part; (i) disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to our Site or any computer network; (j) bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure we or our service providers implement or have implemented to protect the Site; (k) remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from our Site or any content made available to you on or through our Site; (l) use any manual process or automated device to monitor or copy any content made available on or through our Site for any unauthorized purpose except as permitted by this section; (m) copy, duplicate, download, store in a retrieval system, publish, transmit, or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to us or third-party content from the Site; (n) engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods; (o) otherwise use the Site in any manner that exceeds the scope of the license granted herein; or (p) encourage or enable any other individual to undertake any of the conduct listed in this section. If we block you from accessing the Site or Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).

Violations of system or network security or inappropriate conduct may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement entities in prosecuting Users who are involved in such violations.

Release and Waiver of Liability. This Section of these TOU shall be known as the “Release and Waiver of Liability.” This Release and Waiver of Liability relates to your participation in physical activities or exercise (collectively, “Activities”) in any way related to the Site or the Services. 

1. Assumption of Risk. You understand and acknowledge that participation in the Activities may be dangerous, inherently dangerous, aggravate a prior or pre-existing condition, or could result in recurrent or new, serious injury, temporary or permanent disability, or even death in extreme cases. The Activities could also result in damage to your property or the property of others. You understand and acknowledge we are not responsible to supervise your participation in the Activities. You further understand and acknowledge any injury you may sustain while participating in the Activities may be compounded by negligent or delayed medical service. YOU HEREBY VOLUNTARILY AND FREELY ASSUME ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO YOUR USE OF AND PARTICIPATION IN THE ACTIVITIES, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER THOSE RISKS ARE FORESEEABLE OR NOT, AND EVEN WHERE YOU HAVE ADVISED US OR OUR AFFILIATES OF THOSE RISKS. YOU EXPRESSLY UNDERSTAND AND ACKNOWLEDGE THE RISKS DETAILED IN THIS LIABILITY WAIVER ARE NOT COMPLETE. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INJURIES, DAMAGES, OR LOSSES YOU INCUR RELATED TO YOUR PARTICIPATION HEREUNDER. ANY MEDICAL, AMBULATORY, EMERGENCY, EVACUATION, OR RELATED EXPENSES WILL BE YOUR SOLE RESPONSIBILITY. YOU AGREE TO ACCEPT, AND TO NOT SEEK REIMBURSEMENT FROM US FOR ANY LIABILITIES YOU INCUR RELATED TO YOUR PARTICIPATION IN OUR SERVICES.
2. Release from Liability. YOU HEREBY AGREE, ON BEHALF OF YOURSELF, YOUR HEIRS AND YOUR PERSONAL REPRESENTATIVES (collectively, the “Releasor Parties”), TO FULLY AND FOREVER DISCHARGE AND RELEASE BMS PILATES, LLC, INCLUDING ITS PARTNERS, AGENTS, OPERATORS, MANAGERS, EMPLOYEES, OWNERS, SUCCESSORS, ASSIGNS, AND REPRESENTATIVES (collectively, the “Released Parties”) FROM ANY AND ALL CLAIMS YOU MAY HAVE OR HEREINAFTER HAVE FOR ANY INJURY, TEMPORARY OR PERMANENT DISABILITY, DEATH, DAMAGES, LIABILITIES, EXPENSES OR CAUSES OF ACTION, INCLUDING FOR PERSONAL INJURY AND DAMAGES TO PERSONAL PROPERTY, NOW KNOWN OR HEREINAFTER KNOWN IN ANY JURISDICTION IN THE WORLD, ATTRIBUTABLE OR RELATING IN ANY MANNER TO YOUR PARTICIPATION IN THE ACTIVITIES, WHETHER CAUSED BY THE ALLEGED NEGLIGENCE OF THE RELEASED PARTIES OR BY ANY OTHER REASON. You acknowledge and agree that this Release and Waiver of Liability is intended to be, and is, a complete release of any responsibility of the Released Parties for all personal injuries, temporary or permanent disability, death, and property damage sustained by you in relation to the Activities, regardless of the nature of the claim or the legal theory underlying it. You further represent and warrant that you are in good health and physical condition, and at least sufficient to participate in the Activities. You acknowledge and understand we are relying on your representations and warranties herein as a material inducement to permitting you to participate in the Activities. You further understand and acknowledge you are solely responsible (along with any healthcare provider you deem appropriate) for determining whether you are in sufficient physical health to participate in the Activities. You agree to be independently, personally, and exclusively responsible for any medical charges, including ambulance and other transportation charges, related to any injury, harm, or issue you encounter in relation to the Activities. If you are a resident of California, you further acknowledge you have considered the provisions of sec. 1542 of the California Civil Code, which reads as follows:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

You hereby waive any rights you may have, now or in the future, under Civil Code section 1542 in relation to the Activities. 

User Information; User Accounts. You are solely responsible for the information you input or upload to the Site. You warrant and represent you have the right and authorization to register for the Site and to post any information you do indeed post or upload to it (collectively, “User Generated Content”). Company reserves the right in its sole discretion to decide whether the information you input or upload is appropriate and complies with these TOU, our other policies, and applicable laws and regulations. Company may remove User Generated Content at any time and for any reason.

You may have to register a “User Account” to access certain parts of the Site or otherwise participate in or utilize our Services. As part of that registration, you will create a username and password and become a “Registered User.” If You are a Registered User, you agree to provide information that is accurate, complete, and correct, and to accurately maintain and update any information about yourself that you have provided to Company. If you do not maintain such information, or if we have reasonable grounds to suspect your information is incorrect, outdated, or false, we reserve the right to suspend or terminate your User Account. You also agree to immediately notify us of any unauthorized use of your username, password, User Account, or of any other breach of security that you become aware of involving or relating to the Site or Services by emailing us at [email protected]. We may take any and all actions we deem necessary or reasonable to maintain the security of the Site, Services, and User Accounts. COMPANY AND ITS RELATED PERSONS EXPLICITLY DISCLAIM ALL LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION. Your privacy rights are set forth in our Privacy Policy. Company reserves the right to offer Company or third-party services and products to you based on the preferences that you identify in your registration and at any time thereafter, unless you opt-out of receiving third party services and products.

Use of Site. You are solely responsible for deciding whether the Site or Services is suitable for your own use and purposes and whether they match your needs. Subject to your compliance with these TOU, we grant you a personal, limited, revocable, non-exclusive, non-transferable, royalty-free license to view, download, access, and use the Site and Services, including any livestreams and recorded audio and video (the “License”), solely for your personal and non-commercial use, and solely as permitted under these TOU and our Privacy Policy. Any unlawful use of this Site or Services—and any use inconsistent with these TOU—is prohibited and will result in, at a minimum, an automatic termination of this License. Company and its affiliates expressly reserve all rights, title, and interests not expressly granted under any license herein. We further reserve the right, in our sole and exclusive discretion, to deny or suspend use of the Site or Services to anyone for any reason, subject to our separate or additional contractual obligations. 

If you elect to access any component of the Site for which there is a fee, you agree to pay all fees and charges associated with your account on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged on your credit card and are generally non-refundable. Each user agrees to maintain and update valid credit card information as part of your account information when applicable.

Access to Site; Purchases. The Site may allow you to access digital content on a pay-per-view basis, subscription basis, rent, or purchases. The basis on which digital content is available on the Site will be indicated on the product detail page for which you may purchase the digital content. We reserve the right to change any pricing and offerings information at any time, for any reason, and without notice to you. The License is expressly contingent upon your timely payment of all applicable fees, purchases, subscriptions, rent, or pay-per-view. Any failure of payment will result in, at a minimum, an automatic termination of the License. Company makes no guarantees as to the resolution and quality of your digital content when streaming. The quality and speed of your stream of digital content has many different variables, including your connection speed, location, download speeds, devices, player and bandwidth. We reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion.

Payments and Billing. The digital content available under specific payment plans, including pay-per-view, subscription, membership, or rent, will change from time-to-time at the sole discretion of Company. Company makes no guarantee as to the availability of a specific payment plan. By purchasing a payment plan, you expressly agree that we are authorized to charge your selected payment plan on the payment method you designate. You can change this information at any time by logging into your video library and clicking the settings tab under the username. Receipts are sent once the charge is successful to the registered email account. Payments are for each period pursuant to the details of your plan, purchase, or subscription, and are non-refundable. When paying by credit card, you irrevocably agree not to seek any clawback of amounts due, owing, or paid by credit card, and further agree any such attempt to seek a clawback shall be null and void, with your right to seek redress fully governed hereunder. If, at any time, amounts due to us become past due for any reason, we may, at our sole election and without further notice, withhold further Services until all past due amounts have been paid in full, and such withholding of Services shall not be considered a breach or default of any of our obligations under this agreement.

*** SUBSCRIPTIONS. IF YOU SUBSCRIBE TO A RECURRING MEMBERSHIP, YOUR SUBSCRIPTION INCLUDES ENROLLMENT INTO AN ONGOING/RECURRING PAYMENT PLAN. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF THE DISCLOSED BILLING PERIOD, UNLESS YOU CANCEL OR WE TERMINATE IT. PAYMENT WILL BE CHARGED TO YOUR CHOSEN PAYMENT METHOD AT CONFIRMATION OF PURCHASE AND AT THE START OF EVERY NEW BILLING PERIOD UNLESS CANCELLED. YOUR “BILLING PERIOD” IS THE INTERVAL OF TIME BETWEEN EACH RECURRING BILLING DATE AND CORRESPONDS TO THE TERM OF YOUR SUBSCRIPTION. YOU MAY CANCEL A SUBSCRIPTION AT ANY TIME, PROVIDED THAT UPON CANCELLATION, YOU WILL BE BILLED THROUGH THE END OF THE THEN CURRENT BILLING PERIOD. YOU MAY CANCEL YOUR SUBSCRIPTION THROUGH YOUR ACCOUNT PAGE IN THE WEBSITE  PORTAL, OR, IF SIGNED UP VIA THE APP, YOU MUST CANCEL THROUGH YOUR APP PROVIDER (E.G., THE APPLE STORE OR GOOGLE PLAY). IT IS YOUR RESPONSIBILITY ALONE TO TIMELY CANCEL YOUR SUBSCRIPTION TO AVOID THE NEXT BILLING PERIOD’S CHARGES. YOU ACKNOWLEDGE THAT THE DURATION OF YOUR BILLING PERIOD MAY VARY, INCLUDING IF YOUR SUBSCRIPTION BEGAN ON A DAY NOT CONTAINED IN A GIVEN MONTH (E.G., THE 31ST). WE BILL MONTHLY MEMBERSHIPS PURSUANT TO THE PRICING LISTED ON OUR SITE OR OTHERWISE COMMUNICATED TO YOU. ***

Refunds. ALL AMOUNTS AND MEMBERSHIPS ARE GENERALLY NON-REFUNDABLE ONCE REQUESTED. For new memberships established with a 7-day trial promotion, you may cancel prior to the seventh day after commencing, and will not be charged if you cancel prior to that day. This seven-day trial period does not apply to our Courses, as that term is defined below. All refunds (as we may permit in our sole discretion) will be credited back to the same payment method used to make the applicable purchase. Refunds are not available for promotional items. Once your membership is established, you may upgrade your membership level at any time through your account portal. We will charge you for the difference based on the duration of your membership. We do not permit a reduction in membership level once a membership is secured by you until the end of its term. 

Ownership of Information Submitted through the Site or Services. With the exception of any personal data or information you submit and maintained in accordance with our Privacy Policy, You understand and agree that any information you provide us on or through the Site or Services, whether by direct entry, submission, email, upload, or otherwise, including, but not limited to, data, questions, comments, forum communications, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of Company. Such information may be used for any purpose, including, without limitation, reproduction, solicitation, disclosure, transmission, publication, broadcast, and posting without notice to you or payment for it. Company shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to or upload through Company via the Services or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information. To the extent the foregoing provision does not apply, or is deemed by a court or arbitrator of appropriate jurisdiction not to apply to any personal data or information, and to the extent permitted by applicable law, you: (1) understand and agree that any such information provided by you may be used, copied or displayed by Company, Company may create derivative works of any such data, and Company may provide such data to our service providers, our successors and assigns in performance of their services; and (2) grant Company, our service providers, our successors and assigns, and affiliated service providers, a fully transferable, royalty-free, and sublicensable right and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose to third-parties any data or information you submit on or through the Site for the purposes of providing the Services to You; conducting research or analyses of such data; and designing, developing, implementing, modifying or improving new, current, or future features, products and services of Company using such data.

Training Program Agreements. If you participate in one of our Pilates teacher training programs (each, a “Course”), the specific details of your participation in any Courses will be set forth in a separate agreement. Any such agreement is incorporated herein by reference. Your participation is also governed under these TOU and our Privacy Policy. In the case of any conflict between your Course agreement and these TOU, the Course agreement shall control.

Intellectual Property. As between us and you, we are the sole and exclusive owner of all right, title, and interest in and to the Site and their content, features, trademarks, copyrights, and functionality (including, without limitation, all information, intellectual property, software, text, displays, images, video, audio, design, selection, arrangement and look and feel), other Content, and all intellectual property rights therein, and any suggestions, ideas or other feedback provided by you. You are not permitted to reproduce, publish, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the material on our Site except as generally and ordinarily permitted through the Site according to these TOU. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Site or its content shall be owned solely and exclusively by us or our licensors, including all intellectual property rights therein. You may not access or use for any commercial purposes any part of the Site or its content. Nothing in these TOU or on the Site may be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Site or the intellectual property, except as expressly stated herein. 

Certain names, logos, and other materials displayed in and through the Site may constitute trademarks, trade names, service marks or logos (“Marks”) of us or our affiliates. You are not authorized to use any such Marks without our express written permission in each instance. Ownership of all such Marks and the goodwill associated with them remains with us or our affiliates.

Third-Party Links & Ads; Other Users, The Site may contain links to third-party websites and services, or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.

Personal Views Disclaimer. Any personal or individual views, information, or opinions expressed on or linked to through the Site or our Services are solely those of the individuals making them, and, unless an employee of ours, may not represent those of, and should not be attributed to us, our employees, or our affiliates. We are not responsible and do not independently verify for accuracy any of the information presented by third parties. We likewise do not assume any liability, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, in views or opinions expressed by third parties through the Site or as otherwise affiliated with our Services.

Use of Software. If the Site requires or includes downloadable software such as an app, or use of software provided by Company for publishers, Company grants a personal, limited, revocable, non-exclusive, non-transferable, royalty-free license to use the Software, all portions thereof, all documentation, and all updates (individually and collectively the “Software;” and “Software License”) only for the purposes relating to video streaming and related activities through the Site. Users shall not copy, reproduce, transmit, rent, lease, resell, sublicense, assign, distribute or otherwise transfer the Software or this Software License. This Software License does not allow users to use the Software on any device that the user does not own or control, and user may not distribute or make the Software available over a network where the Software could be used by multiple devices at the same time. Users agree that the Software, including the specific design and structure, constitute proprietary and confidential information, trade secrets or intellectual property of Company. You agree not to disclose, provide, or otherwise make available such proprietary and confidential information, trade secrets or copyrighted material in any form to any third party, or use the proprietary and confidential information, trade secrets or copyrighted material for your own benefit or for the benefit of any third party.

Users acknowledge and agree that use of the Software may require Company to acquire user’s mobile phone number and perhaps additional such information in order to obtain access Software. Users agree that Company may collect and use technical data and related information that is gathered periodically in accord with Company’s Privacy Policy.

Company shall have the right, and you agree, that in its sole discretion and with reasonable posted notice or sent to your email address, to revise, automatically update, or otherwise modify the Software, at any time. Users continued use of the Software constitutes acceptance of and agreement to such changes.

This Software License is effective until terminated the user or Company at its sole discretion. User’s rights under this Software License will terminate automatically without notice if user fails to comply with any terms of this Software License or these TOU. Upon termination, user shall cease all use of the Software and delete all versions of the Software possessed by the user.

The warranty and limitation of liability provisions set forth below apply also to the use of the Software.

Warranty Disclaimers. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

COMPANY DOES NOT WARRANT THAT THE SITE WILL MEET USER REQUIREMENTS OR BE OF BENEFIT, THAT THE OPERATION OF SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. SHOULD THE LICENSED APPLICATION OR SITE PROVE DEFECTIVE, COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS ASSOCIATED WITH THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA.

COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SITE OR USER GENERATED CONTENT OFFERED OR ANY OTHER CONTENT ACCESSED THROUGH THE SITE.

THE TRANSMISSION OF DATA OR INFORMATION INCLUDING COMMUNICATIONS BY E-MAIL OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS IS NOT SECURE, AND IS SUBJECT TO POSSIBLE LOSS, INTERCEPTION OR ALTERATION WHILE IN TRANSIT. ACCORDINGLY, COMPANY DOES NOT ASSUME ANY LIABILITY FOR ANY DAMAGE USERS MAY EXPERIENCE OR COSTS USERS MAY INCUR AS A RESULT OF ANY TRANSMISSIONS OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS, SUCH AS TRANSMISSIONS INVOLVING THE EXCHANGE OF E-MAIL. IN NO EVENT WILL SUCH DATA OR INFORMATION BE DEEMED TO BE CONFIDENTIAL, CREATE ANY FIDUCIARY OBLIGATIONS ON COMPANY’S PART, OR RESULT IN ANY LIABILITY TO YOU IN THE EVENT THAT SUCH INFORMATION IS INADVERTENTLY RELEASED OR ACCESSED BY THIRD PARTIES WITHOUT CONSENT.

COMPANY TAKES NO RESPONSIBILITY WHATSOEVER FOR THE INFORMATION YOU HAVE UPLOADED TO THE SITE AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, OR LOSS OF SUCH INFORMATION, OR FAILURE TO STORE ANY OF SUCH INFORMATION. NOR IS COMPANY RESPONSIBLE FOR LOSS OF INFORMATION THROUGH THE ACTION OF ANY THIRD PARTY OR BECAUSE OF CIRCUMSTANCES BEYOND COMPANY’S CONTROL. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL OF THEIR INFORMATION.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, USER UNDERSTANDS AND AGREES THAT NEITHER COMPANY NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, REPRESENTATIVES, CONTRACTORS OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM USE OF THE SITE OR FROM ANY ACTIONS COMPANY TAKES OR FAILS TO TAKE. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA, BODILY INJURY, EMOTIONAL DISTRESS AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS SITE OR USE OF THE SITE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU FOR THE SITE OR SERVICES.

COMPANY IS NOT RESPONSIBLE FOR DELETION OR LOSS OF FILES OR INFORMATION UPLOADED TO THE SITE. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL FILES AND INFORMATION UPLOADED TO THE SITE. 

Limitation of Liability. IN ADDITION TO ANY LIMITATION OF LIABILITY SET FORTH HEREIN, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, USER UNDERSTANDS AND AGREES THAT NEITHER COMPANY NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, REPRESENTATIVES, CONTRACTORS OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE OR FROM ANY ACTIONS COMPANY TAKES OR FAILS TO TAKE. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA, EMOTIONAL DISTRESS AND OTHER TANGIBLE AND INTANGIBLE LOSSES. 

THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY, AND EVEN IF COMPANY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, REGARDLESS OF THE CAUSE OF ACTION, WILL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU FOR THE SITE OR SERVICES.

Blue Pencil. The foregoing sections entitled, “Release and Waiver of Liability,” “Warranty Disclaimers” and “Limitation of Liability” are intended only as permitted by applicable law. If any portion of these sections is held to be invalid, the invalidity of that portion(s) shall not affect the validity of the remaining portions of the applicable sections. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.​

Indemnification. USERS AGREE TO DEFEND (at Company’s election), INDEMNIFY, AND HOLD HARMLESS COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND PARTNERS, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM: (I) YOUR USE OF THE SITE; (II) ANY USER GENERATED CONTENT OR COMMUNICATIONS, OR (III) YOUR BREACH OF THE TERMS OF THIS AGREEMENT. COMPANY SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING AND SHALL ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING. COMPANY RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO IMMEDIATE INDEMNIFICATION.

Site Access; Termination. These TOU will remain in full force and effect as long as you continue to access or use the Site or Services. You may terminate the TOU at any time by discontinuing use of the Site. your permission to use the Site automatically terminates if you violate these TOU.

We reserve the right to prohibit, restrict, suspend, discontinue, or terminate your access to the Site or our Services, and any rights or licenses granted in association with them, in whole or in part, with or without prior notice, at any time, and based in our sole and exclusive discretion. Including but not limited to for your violation of these TOU. The following provisions survive the expiration or termination of these TOU for any reason whatsoever: Warranty Disclaimers; Limitation of Liability; Indemnification; Blue Pencil; Governing Law, Dispute Resolution, Venue, Severability of Provisions; No Waiver; and Assignment.

Subject to applicable law and our policies, we reserve the right to maintain, delete, or destroy all communications and materials posted or uploaded to the Site pursuant to our internal record retention or content destruction policies, where applicable. After such termination, we will have no further obligation to provide the Services. 

Communications. By using the Site you consent to receive electronic communications from us. These communications may include emails about account, password, access, marketing, transactional and other information related to the Site and to your account.

Governing Law, Dispute Resolution, Venue, and Severability of Provisions. PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND COMPANY TO RESOLVE ALL DISPUTES BETWEEN THEM THROUGH BINDING, INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM COMPANY.

BINDING ARBITRATION. SUBJECT TO THE “SMALL-CLAIMS OPTION” SECTION BELOW AND ALL APPLICABLE LAWS, BY ENTERING INTO THESE TOU, YOU ARE AGREEING TO GIVE UP: (I) YOUR RIGHT TO LITIGATE ANY CLAIMS THAT MAY ARISE HEREUNDER IN COURT OR BEFORE A JURY; AND (II) YOUR RIGHT TO CONSOLIDATE ANY CLAIM OR PARTICIPATE IN ANY CLASS-ACTION CLAIM THAT MAY ARISE HEREUNDER IN ANY MANNER OR FORUM. INSTEAD, ANY CLAIM, DISPUTE, OR CONTROVERSY OF ANY KIND OR NATURE ARISING HEREUNDER WHICH CANNOT BE AMICABLY RESOLVED BY US SHALL BE SOLELY AND FINALLY SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE ARBITRATION SHALL TAKE PLACE BEFORE ONE ARBITRATOR IN ARAPAHOE COUNTY, COLORADO. THE LANGUAGE OF THE ARBITRATION SHALL BE ENGLISH. THE ARBITRATORS WILL BE BOUND TO ADJUDICATE ALL DISPUTES IN ACCORDANCE WITH THE LAWS OF THE STATE OF COLORADO. THE DECISION OF THE ARBITRATOR SHALL BE IN WRITING WITH WRITTEN FINDINGS OF FACT AND SHALL BE FINAL AND BINDING ON THE PARTIES. WITH RESPECT TO ANY ARBITRATION HEREUNDER, AS STATED ABOVE, YOU HEREBY EXPRESSLY WAIVE ANY RIGHT TO CONSOLIDATE ANY CLAIM OR PARTICIPATE IN ANY CLASS-ACTION CLAIM OF ANY KIND OR NATURE. THIS SECTION PROVIDES YOUR SOLE RECOURSE FOR THE SETTLEMENT OF ANY DISPUTES ARISING OUT OF, IN CONNECTION WITH, OR RELATED TO THESE TERMS. IF ANY PROVISION OF THIS CLAUSE IS FOUND UNENFORCEABLE, SUCH UNENFORCEABLE PROVISION WILL BE REMOVED AND THE REMAINING TERMS WILL BE ENFORCED.

SMALL-CLAIMS OPTION. Notwithstanding the foregoing, you may elect to pursue a breach of warranty claim in small-claims court in Arapahoe County, Colorado, rather than submit to binding arbitration, but only if you provide us with written notice of your desire to do so within ninety (90) days of your purchase transaction. Any small-claims court proceeding initiated hereunder will be limited solely to your individual dispute (i.e., you are not permitted to file, or participate in, a class action suit in small-claims court with respect to these Terms).

No Waiver. No waiver by Company of any term or condition set forth in these TOU 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 by Company to assert a right or provision under these TOU shall not constitute a waiver of such right or provision.

No Agency Relationship. Neither these TOU, nor any Content, materials or features of the Site or Services, creates any partnership, joint venture, employment, or agency relationship between us and you. You may not enter into any contract on our behalf or bind us in any way.

Remedies. You agree any violation, or threatened violation, by you of these TOU constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

Assignment. You may not assign any of your rights under these TOU, and any such attempt will be null and void. Company and its affiliates may, in their sole and exclusive discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these TOU if some or all of the business of Company is transferred to another entity by way of merger, sale of its assets, or otherwise.

Digital Millennium Copyright Act. Company reserves the right to remove any content or any other material or information available on or through our Site, at any time, for any reason. Company otherwise complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. This Section describes the procedure that should be followed to file a notification of alleged copyright infringement with Company.

Notification of Claimed Copyright Infringement. If you have objections to copyrighted content or material made available on or through our Site, you may submit a notification to our Designated Agent at the following address: [email protected]

Any notification to Company under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed;
• An identification of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
• An identification of the content or material that you claim is infringing and where it is located on our Site;
• Information sufficient for Company to contact you, such as your address, telephone number, and email address;
• A statement by you that you have a good-faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
• A signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.

Contact Us. If you have any questions or comments regarding these TOU or our Privacy Policy you can contact us at: [email protected].