TERMS
OF USE FOR THE XERCIZE STUDIO WEBSITE
Welcome
to the IM=X Pilates Studio Web Site ("Web Site"), a site where you
can access information about IM=X Pilates Studio franchise opportunities and
products.
By accessing the Web Site, you indicate that you accept and agree to these terms
and conditions ("Terms") which govern the use of the Web Site. If
you do not agree to the Terms, do not use the Web Site. We may amend, update,
or revise the Terms at any time, so please check the Web Site periodically for
notice of changes.
PROPRIETARY
RIGHTS
All the content and materials available on our Web Site ("Materials")
are protected by copyrights, trademarks, service marks, patents, trade secrets,
or other proprietary rights and U.S. and international laws. Except for making
one copy for your personal use, you may not copy, reproduce, modify, transmit,
distribute, sell, license, rent, publicly display or perform, publish, adapt,
edit, or create derivative works from any Materials, or alter or remove any
trademark, copyright or other notice from copies of the Materials without our
prior written consent.
LINKS
TO THIRD-PARTY WEB SITES
The Web Site may contain links to third-party web sites. These links are provided
solely as a convenience to you and not as an endorsement by us of the contents
on such third-party web sites. We are not responsible for the content of linked
third-party sites and do not make any representations regarding the content
or accuracy of materials on such third-party sites. If you decide to access
linked third-party sites, you do so at you own risk.
DISCLAIMER
OF WARRANTIES & LIMITATION OF LIABILITY
THE
WEB SITE IS PROVIDED AS IS, AND WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS,
IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT
THE WEB SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED. NOTHING ON THE WEB SITE
IS INTENDED TO BE A REPRESENTATION, OFFER, INDUCEMENT, PROMISE, OR CONTRACT
OF ANY KIND. YOU ARE RESPONSIBLE FOR YOUR OWN USE OF INFORMATION POSTED ON OR
OBTAINED FROM OR THROUGH THE WEB SITE. UNDER NO CIRCUMSTANCES WILL WE OR ANY
AFFILIATE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE INABILITY TO USE OR THE USE OF
THE WEB SITE OR ANY MATERIALS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY
IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS,
EVEN IF THE DAMAGE ARISES FROM OUR NEGLIGENCE, AND EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION
WITH THE WEB SITE OR THESE TERMS IS TO DISCONTINUE USE OF THE WEB SITE. BECAUSE
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED
TO THE FULL EXTENT PERMITTED BY LAW.
GENERAL
The Terms will be governed by and construed in accordance with the laws of the
State of New York, without regard to its conflicts of laws principles. The Terms
constitute the entire agreement between you and us with respect to the Web Site
and supersede all prior or contemporaneous communications and proposals, whether
oral, written, or electronic, between you and us with respect to the Web Site.
If any Term is held invalid or unenforceable, that portion shall be construed
in a manner consistent with applicable law to reflect, as nearly as possible,
the original intent reflected in the Terms, and the remaining portions shall
remain in full force and effect.
HOW
TO CONTACT US
If you have any questions or comments regarding these Terms or the Web Site,
please contact us at:
The
Xercize Studio, LLC
Mailing Address: 265 Madison Ave., 2nd Fl, New York, NY 10016
Telephone Number: (212) 997-1167
Fax Number: (212) 997-7356
Email Address:info@imxpilates.com
The IM=X Pilates Studio Franchise is currently available in AL, AK, AZ, AR,
CA, CO, CT, DE, FL, GA, HI, ID, IN, IA, KS, KY, LA, MA, MD, ME, MI, MN, MO,
MS, MT, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OK, OR, PA, RI, SC, SD, TN, TX,
UT, VT, W.DC, WA, WI, WV, WY.
If you are interested in opening an IM=X Pilates Studio or
becoming a Master Franchise owner contact us at 800.IMX.1336
or at info@imxpilates.com
Copyright © 2005 The Xercize Studio, LLC. All Rights Reserved.