Terms of Use - Rules Governing our Site Usage Rights.

Your access and use of the Site (as defined below) is governed by the following terms and conditions, the Privacy Policy, any other policies posted on the Site, as well as any applicable laws, statutes, ordinances and regulations. By browsing, using and otherwise accessing the Site, you agree to be bound by these Terms of Use.

The Site

"The Site" shall mean all areas and any subscription or other paid products and services offered or available on the interactive online service which are owned, operated and/or offered by Lifestyle Products Group, LLC, and/or their respective affiliates (collectively “Lifestyle Products Group”) including this www.TryPilatesWheel.com, www.MyPilatesWheel.com, www.BuyPilatesWheel.com, www.PilatesWheelapp.com, www.Pilateswheel.vhx.tv, www.PilatesWheelDigital.com, and www.PilatesWheelStore.com site.

Modifications to these Terms of Use.

Lifestyle Products Group reserves the right to make changes to these Terms of Use at any time. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site or notification by electronic mail. Any use by you of the Site after such notice shall conclusively be deemed to be acceptance by you of such changes, modifications, additions, or deletions. You agree to review these Terms of Use periodically to be aware of such revisions.

Modifications to the Site.

Lifestyle Products Group shall have the right at any time and from time to time to change or discontinue any aspect or feature of the Site including, but not limited to, the content, hours of availability, and equipment needed for access or use.

Copyrights, Trademarks and Other Proprietary Rights.

All content on the Site, including text, software, photos, video, graphics, music and sound, is subject to protection by copyright, trademark, and other proprietary rights. In addition, the entire contents of the Site are copyrighted as a collective work under the United States copyright laws and Lifestyle Products Group owns the copyright in the selection, coordination, arrangement and enhancement of such content. Each third party content provider owns the copyright in content original to it.

All trademarks appearing on the Site are the property of their respective owners, including, in some instances, Lifestyle Products Group, LLC, and/or affiliated companies used under license by Lifestyle Products Group.

You may print or have printed by any third party any downloadable material contained on this Site provided that: (i) the material is solely for non-commercial and personal use; (ii) no copyright, author attribution, trademark, legend or other proprietary notice is removed from the material; and (iii) the material is not altered in any manner. Except as expressly provided herein, you may not modify, create derivative works, copy, redistribute, publish, transmit, display or in any way exploit any content or material from the Site without the express written permission of Lifestyle Products Group and the respective copyright owner. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

Lifestyle Products Group has carefully designed the Site with the purpose of delivering certain content to users in a particular format and with a particular appearance. No third party shall have the right to utilize the content of the Site in any way that interferes with that purpose. In particular, Lifestyle Products Group prohibits any party from displaying the content on the Site in any format where third party advertising or other materials that Lifestyle Products Group did not authorize are viewed or viewable together with Lifestyle Product Group’s proprietary content.

The foregoing provisions of this Section 4 are for the benefit of Lifestyle Products Group, its affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.

Communications to the Site.

You hereby grant to Lifestyle Products Group a worldwide, royalty-free, perpetual, irrevocable, transferable, sublicensable non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display (in whole or in part) and/or to incorporate in other works in any form, media, or technology now known or later developed, all communications, including but not limited to all product reviews, remarks, submissions, ideas, concepts, pictures or other information that you transmit to this Site, whether by email, posting, uploading or otherwise.

Users Over 13

This Site is intended for use by individuals over the age of 13.

Prohibited Activity on the Site.

You agree not to use any device, software or routine to interfere with the proper functioning of the Site. You further agree not to use any software, tool, data, device or other mechanism to navigate or search the Site other than the search engine provided by Lifestyle Products Group or generally available browsers. You are solely responsible for the content and context of any materials or information you post or submit through the Site. You warrant and agree that, while using the Site, you shall not upload, post or transmit to or distribute or otherwise publish through the Site any materials which: (i) are unlawful, harmful, threatening, harassing or profane; (ii) restrict or inhibit any other user from using and enjoying the Site; (iii) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; (iv) solicit personal information of/from others (v) contain a virus or other harmful component; (vi) contain advertising of any kind; (vii) contain false or misleading indications of origin or statements of fact; (viii) include information you are not authorized to disclose (including trade secrets or inside information about a company); (ix) infringe any third-party rights, including rights under copyright, patent, trademark or trade secret, or any rights of privacy or publicity; (x) impersonate any person or entity, including, without limitation, any owner or manufacturer of any product; (xi) constitutes unsolicited or unauthorized solicitations, promotional materials or "junk mail"; or (xii) Lifestyle Products Group, in its sole direction, otherwise determines to be offensive. Lifestyle Products Group reserves the right to preserve any material it receives from you and will fully cooperate with any law enforcement authorities or court order requesting or directing Lifestyle Products Group to disclose the identity of, help identify, or locate anyone transmitting any such content.

Monitoring; Copyright Complaints.

You agree that Lifestyle Products Group has the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in its sole discretion, any material and content anywhere on the Site, including but not limited to product reviews, bulletin boards, email and other forums. Notwithstanding this right, Lifestyle Products Group does not and cannot review all materials posted to the Site by users and Lifestyle Products Group assumes no responsibility or liability for any actions or content transmitted by or between you or any third party within or outside of this Site. If notified, Lifestyle Products Group may investigate an allegation that content transmitted to this Site is in violation of these Terms of Use and determine whether to have the communication removed from this Site. However, Lifestyle Products Group is under no obligation to remove content transmitted by third parties from this Site and assume no responsibility or liability arising from or relating to any such content, including but not limited to any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. Filtering software is available to help parents screen and limit material that their children view online. For information about where copies of such filtering software can be obtained, please click here.

Lifestyle Products Group may, in appropriate circumstances and at its discretion, terminate the access of users, subscribers, and account holders who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify Lifestyle Products Group by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512):

A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Lifestyle Products Group to locate the material;
Information reasonably sufficient to permit Lifestyle Products Group to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please send the written communication to the following address:

Regular Mail
Lifestyle Products Group, LLC
8260 Willow Oaks Corporate Drive, Ste. 500
Fairfax, VA 22031
Attn: General Counsel

Email
legal@lifestyleproductsgroupllc.com

OR Fax to:
703-991-7715
Attn: General Counsel

If you wish to send us a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act, the notification must have the following:

Detailed identification of the material, with enough information to locate the material.
Information to allow Lifestyle Products Group to contact you directly [(Email address is preferred.)]
A statement made, under penalty of perjury, that you in good faith believe that the use of the material in question was identified as a copyright violation as a result of mistake or misidentification, including detailed reasons of why you believe this;
An electronic or physical signature (your full legal name), address, and telephone number, along with a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if you are located outside the United States, for the Federal District Court located in Alexandria, Virginia, and that you will accept service of process from the person or agent of such person who provided the initial notification.

Send the written communication to the following address:

Your Obligations.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password. You shall provide Lifestyle Products Group with accurate, complete and updated information about you at the time of registration. You shall be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of the Site and all charges related thereto. You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and your purchase of the items on the Site.

Third Party Sites.

The Site contains links to other Web Sites, resources and advertisers. Lifestyle Products Group is not responsible for the availability of these external Sites nor does it endorse or is it responsible for the contents, advertising, products, or other materials made available on or through such external sites. Under no circumstances shall Lifestyle Products Group be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods, or services available on any such external sites. You should direct any concerns to such external site's administrator or webmaster.

Disclaimer of Warranty; Limitation of Liability.

(a) YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER Lifestyle Products Group NOR ANY OF ITS RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCTS PROVIDED THROUGH THE SITE.

(b) THE SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION, UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

(c) THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION 11 APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Lifestyle Products Group IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

(d) IN NO EVENT WILL Lifestyle Products Group OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, DISPLAYING, OR DISTRIBUTING THE SITE BE LIABLE TO USERS OF THE SITE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR OUT OF THE BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION 11 SHALL APPLY TO ALL CONTENT ON THE SITE. Lifestyle Products Group’S LIABILITY TO USERS, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID TO LIFESTYLE PRODUCTS GROUP BY YOU.

(e) Lifestyle Products Group NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THE SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OR OBSCENE POSTING MADE BY ANYONE OTHER THAN AUTHORIZED Lifestyle Products Group EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL Lifestyle Products Group BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE, OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE, OR OTHER CONTENT.

(f) EXCEPT AS EXPRESSLY STATED HEREIN OR ELSEWHERE ON THE SITE, Lifestyle Products Group DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED THROUGH THE SITE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. Lifestyle Products Group MAKES PRODUCTS OR SERVICES AVAILABLE ON THE SITE WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION, UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. IN NO EVENT WILL LIFESTYLE PRODUCTS GROUP, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE SITE. LIFESTYLE PRODUCTS GROUP' LIABILITY TO YOU, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID TO Lifestyle Products Group BY YOU.

Indemnification.

You agree to indemnify, hold harmless and, upon request, defend, Lifestyle Products Group, its affiliates and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys' fees, arising out of or relating to your browsing or use of the this Site, content you transmit to this Site, your violation of any rights of another, or your breach of these Terms of Use. Lifestyle Products Group reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of Lifestyle Products Group.

Termination.

Lifestyle Products Group shall have the right to immediately terminate this Agreement with respect to any user that Lifestyle Products Group, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement.

Special Terms and Conditions for Products Offered in a Series.

Certain products offered by Lifestyle Products Group consist of series. The following terms and conditions shall apply in the event that you order any product that is part of a series offered by Lifestyle Products Group on the Site (a "Series"):

(a) The Series will automatically continue to be sent to you until Lifestyle Products Group receives notification of termination from you. You authorize Lifestyle Products Group to charge to the credit card account designated during the registration process the current fees and charges for each shipment according to the terms of the Series chosen by you. Your credit card will be charged upon shipment.

(b) Lifestyle Products Group shall have the right at any time to impose, change, or modify its fees and billing methods, or other terms and conditions applicable to your participation in the Series or to impose new terms and conditions. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site or notification by electronic or conventional mail. If any such change is unacceptable to you, your sole remedy shall be to terminate your subscription to the Series. Any acceptance of a product in a Series by you after such notice shall conclusively be deemed to constitute acceptance by you of such changes, modifications, additions, or deletions. You agree to review the terms and conditions periodically to be aware of such revisions. You may also be subject to additional terms and conditions imposed by third party content providers in connection with third party content, software, or services.

Additional Terms and Conditions for Certain Products.

With respect to products and services offered for sale by Lifestyle Products Group and third parties through the Site (including Series products), additional terms and conditions, including but not limited to pricing, methods of payment, shipping and handling, credit card information, sales tax, return and refund policies, and applicable privacy policies, may be set forth on the screen where you make the purchase. All orders are subject to availability of products and acceptance of orders by Lifestyle Products Group. Lifestyle Products Group reserves the right to reject any order and to limit quantities. Lifestyle Products Group does not warrant that product descriptions, prices, or other content on the Site is accurate, complete, reliable, current, or error free. Lifestyle Products Group has no obligation to honor incorrect pricing or other information, whether resulting from typographical errors or otherwise. If a product offered on the Site is not as described, the sole remedy is to return it for a refund.

Terms and Conditions for Referral Programs.

We may from time to time offer you the opportunity to earn rewards by referring friends to try our products ("Referral Program"). Participation in a Referral Program may require you to submit personal information about you and your friends, such as name and email address. By participating in a Referral Program, you agree to receive communications from Lifestyle Products Group, and/or from our trusted partners that operate and maintain the Referral Program, with regards to your participation in the Referral Program. The following guidelines shall apply to your participation in any Referral Program:

Rewards are limited to one per user.

You may not submit multiple email addresses in an attempt to earn a reward or an additional reward.
You may not participate in a Referral Program where doing so would be prohibited by any applicable law or regulations.
Your eligibility to earn a reward will be based on your ability to make referrals that result in new Environment users. Referrals to existing Environment users will not count towards your eligibility to earn a reward.
Credit for referrals can only be given out for those referrals who participate using their unique referral link.
You may not use Spam to obtain referrals. You may not acquire referrals through unsolicited email to persons unknown to you or through usenet or message board postings, where the postings are unrelated to the topic of discussion or otherwise violate the terms of the site.
Users may not post information on a website, forum, or auction that has to do with trading, selling or buying referrals.
Lifestyle Products Group does not guarantee delivery time on any rewards earned, nor does it guarantee receipt of any rewards.

We reserve the right to modify or amend at any time these guidelines and the methods through which rewards are earned. We reserve the right to disqualify you at any time from participation in a Referral Program if you do not comply with any of these guidelines. All information collected from you in a Referral Program shall be subject to the Lifestyle Products Group privacy policy which can be found at Privacy Policy.

Governing Law; Forum for Disputes.

These Terms of Use shall be construed in accordance with the laws of the Commonwealth of Virginia without regard to its conflict of laws rules. Any dispute arising under or relating to these Terms of Use or to the Site shall be brought only in the U.S. District Court for the Eastern District of Virginia or any state court located in Fairfax County, Virginia, and you hereby irrevocably consent to the jurisdiction of such courts.

Miscellaneous.

These Terms of Use and any other operating rules or policies for the Site established by Lifestyle Products Group constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. You agree that any cause of action arising out of or related to the Site or these Terms of Use must commence within one (1) year after the cause of action arose; otherwise such cause of action is permanently barred.