New Heights Pilates LLC
Terms of Service
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, AND A BINDING ARBITRATION AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY.
1. Legal Agreement
These Terms of Service ("Terms") are a legally binding agreement between you and New Heights Pilates LLC ("New Heights," "we," "our," or "us") governing your access to and use of our website, booking platform, client account systems, and any services that display or link to these Terms (collectively, the "Services").
The Services include, without limitation:
• the New Heights Pilates website
• online booking and account management platforms
• digital membership and purchasing systems
• communication tools such as email and SMS notifications
• access control systems including keyless entry or kiosk access where applicable
Portions of the Services may be operated by third party providers including Squarespace, Mariana Tek, payment processors, and other technology providers that support scheduling, communications, payment processing, or access control. These providers may have their own terms and privacy policies that apply to certain aspects of the Services.
By accessing or using the Services you agree to these Terms.
If you do not agree to these Terms you must not use the Services.
We may update these Terms from time to time. Continued use of the Services after changes are posted constitutes acceptance of the updated Terms.
2. Acceptable Use of the Services
You agree not to access or use the Services in any way that could harm New Heights Pilates, interfere with the operation of the Services, or violate any law.
You may not:
• impersonate another person or misrepresent your identity
• attempt to gain unauthorized access to accounts, systems, or networks
• scrape, harvest, or collect information from the Services without authorization
• upload viruses, malware, or other harmful materials
• reverse engineer or attempt to extract source code from any part of the Services
• use another person's account credentials without permission
• interfere with the operation or security of the Services
We may suspend or terminate your access to the Services at any time if these Terms are violated.
3. User Content and Submissions
Certain features of the Services may allow you to submit information or content such as messages, photos, or feedback ("User Content").
You remain responsible for the content you submit.
You agree not to provide User Content that:
• infringes intellectual property rights
• is defamatory, abusive, or threatening
• violates a person's privacy rights
• contains spam, advertising, or solicitations
• contains malicious software or harmful code
• violates any applicable law
By submitting User Content you grant New Heights Pilates a non exclusive, royalty free, worldwide license to use, reproduce, display, and distribute the content in connection with operating or promoting our Services.
We are not obligated to publish or retain any User Content and may remove content at our discretion.
4. Accounts and Registration
To use certain Services including booking classes, purchasing packages, or managing memberships, you may be required to create an account.
You agree to:
• provide accurate and complete information
• maintain the confidentiality of your login credentials
• update your account information when necessary
You are responsible for all activity that occurs under your account.
We may suspend or terminate accounts if information is inaccurate or if the account is used in violation of these Terms.
5. Studio Services and Purchases
The Services may allow you to purchase studio services including:
• memberships
• class packages
• single classes
• private sessions
• other services or merchandise
By making a purchase you confirm that:
• you are at least 18 years old
• you are authorized to use the payment method provided
• you agree to the pricing and cancellation policies described within the booking platform
Unless otherwise specified, purchases are non refundable and non transferable.
Recurring memberships may renew automatically unless cancelled before the next billing cycle in accordance with studio policies.
6. Billing and Payments
Payments for Services may be processed through third party providers such as Mariana Tek or integrated payment processors.
You agree to pay all charges and applicable taxes associated with your purchases.
If a payment method fails or is declined, we may suspend your access to services until payment is resolved.
7. Keyless Entry and Digital Access
Certain members or clients may be provided with digital credentials or access tools that allow entry to the studio using keyless entry systems or self service booking tools.
If you are granted such access you agree that:
• access credentials are personal and may not be shared
• you will not allow unauthorized individuals to enter the studio
• you will comply with all studio policies regarding access privileges
• misuse of access systems may result in immediate suspension or termination of access
Additional rules regarding kiosk sessions or unsupervised studio access may be outlined in the studio's Membership Agreement or Studio Policies.
8. Intellectual Property
All materials provided through the Services including text, graphics, logos, branding, images, videos, and software ("Studio Content") are owned by New Heights Pilates or its licensors.
Studio Content may be used only for personal and non commercial purposes.
You may not reproduce, distribute, modify, or commercially exploit any Studio Content without written permission from New Heights Pilates.
Requests regarding intellectual property may be directed to:
9. Third Party Services
The Services may integrate with or link to third party services operated by other companies.
These services are not controlled by New Heights Pilates and we are not responsible for their policies, practices, or content.
Your use of third party services is governed by their own terms and privacy policies.
10. Disclaimer of Warranties
The Services are provided on an "as is" and "as available" basis.
New Heights Pilates makes no warranties or representations regarding:
• the availability of the Services
• the accuracy or completeness of information
• uninterrupted or error free operation
• the absence of viruses or harmful components
Your use of the Services is at your own risk.
11. Limitation of Liability
To the maximum extent permitted by law, New Heights Pilates and its owners, employees, contractors, and affiliates shall not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of the Services.
If liability is established, it will be limited to the amount you paid for the Services giving rise to the claim.
Nothing in these Terms limits liability where such limitation is prohibited by law.
12. Indemnification
You agree to indemnify and hold harmless New Heights Pilates and its owners, employees, and contractors from any claims, damages, losses, or expenses arising from:
• your use of the Services
• your violation of these Terms
• your violation of applicable laws
• your infringement of another person's rights
13. Privacy
Your use of the Services is governed by our Privacy Policy, which describes how we collect, use, and protect personal information.
By using the Services you acknowledge that you have read and agree to the Privacy Policy.
14. Changes to the Services
We may modify or discontinue parts of the Services at any time without prior notice.
We may also update these Terms as necessary to reflect operational, legal, or technological changes.
15. Governing Law
These Terms are governed by the laws of the State of New Jersey.
Any disputes arising from these Terms shall be subject to the jurisdiction of the state or federal courts located in Hudson County, New Jersey.
16. Arbitration and Class Action Waiver
If a dispute arises relating to the Services or these Terms, the parties will first attempt to resolve the matter through good faith negotiation.
If the dispute cannot be resolved informally it may be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association.
All disputes must be brought on an individual basis and not as part of any class action or representative proceeding.
17. Contact Information
For questions about these Terms please contact:
New Heights Pilates LLC
10 South Street
Jersey City, NJ 07307
Email: hello@newheightspilates.com