Cura Pilates LLC

TERMS AND CONDITIONS OF USE

Welcome to Cura Pilates. This website is maintained as a service to our customers. By using this website to purchase and/or participate in any type of Cura Pilates class, series or private or small group instruction, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this website, or participate in our classes, series, or small group instruction.

1. Agreement. This Terms of Use agreement ("the "Agreement") is between you (“You” or the “User,”) and Cura Pilates, LLC (“Cura Pilates” or “We” or “Us”). This Agreement describes the terms and conditions applicable to your use and access of our website (the “Platform”) and for participation in our live and/or virtual pilates classes or private or small group instruction (the "Services"). This Agreement may be modified at any time by Us upon posting of the modified Agreement on Our website. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at curapilates.takecare@gmail.com. Each use by You shall constitute and be deemed your unconditional acceptance of this Agreement.

2. Privacy. Your visit to our Platform is also governed by our Privacy Policy. Please review our Privacy Policy at curapilates.me.

3. Ownership. All content included on this Platform is and shall continue to be the property of Cura Pilates, LLC or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any recording, copying, redistribution, use or publication by you of any such content or any part of the Platform is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Platform.

4. Intended Audience. The Platform is intended for adults only. The Platform is not intended for use by any children under the age of 13.

5. Platform Use. Cura Pilates grants you a limited, revocable, nonexclusive license to use this Platform solely for your own personal use and not for recording, videotaping, republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to record or copy content or materials on the Platform, reverse engineer or break into the website or course platform, or use materials, content or services in violation of any law.

a. Virtual Instruction Requirements. You agree that if you participate in virtual classes or instruction that you will turn on the camera on your device so that you are visible to the instructor.

The use of this Platform is at the discretion of Cura Pilates and Cura Pilates may terminate your use of this Platform at any time.

6. Cancellation Policy. Cancellations must be made on our Platform at least twenty-four (24) hours in advance of the start of the class or for the private or small group instruction for which you registered. If You fail to cancel the reservation at least twenty-four (24) hours in advance, You will not be reimbursed for the fees that you paid when You registered for the respective class or private or small group instruction.

7. Fees and Payments. Our fee and class schedules are listed on Schedule A which is attached to this Agreement. Payment is required at the time of registration on the payment portal, the terms and conditions of which may be found here. Changes to fees and class schedules may be made at our sole discretion. An updated Schedule A will be posted, from time to time, to our website. All payments are payable by electronic funds transfer from Your credit or debit card account or ACH through a third party administered electronic funds transfer system or payment portal. You maintain full control and privacy over your account at all times.

8. Non-Discrimination Policy. Cura Pilates is committed to treating all Users in a respectful and inclusive manner. We want You to feel welcome using our Platform and Services. Therefore, we prohibit unlawful discrimination against Users on the basis of race, color, national origin, religion, sex (including pregnancy), age, sexual orientation, marital status, disability, veteran status, or any other basis prohibited by federal, state, or local law.

Cura Pilates prohibits retaliation related to your opposition or complaints of discrimination or your participation in a discrimination charge or other proceeding under federal, state, or local anti-discrimination law. If You believe You have been discriminated against, please contact support at danielled@optonline.net with the subject “Nondiscrimination Policy,” so that we can investigate properly. We reserve the right to suspend or terminate Your access to the Platform and Services if You have violated this policy or if You engage in offensive or detrimental behavior, including behavior that shocks, insults, or offends other Users.

9. The Platform Does Not Provide Medical Advice

The Platform’s information and our Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. It is your responsibility to seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. The opinions expressed on the Platform are for informational purposes only and are not specific to you, your condition or situation.

Call your doctor or 911 immediately for all medical concerns and/or emergencies. Cura Pilates does not recommend or endorse any specific tests, products, procedures, opinions, or other information posted on the Platform, regardless of whether it originates from third parties, affiliates or from Cura Pilates. Use of the Platform is solely at your own risk.

10. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Platform. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.

11. Indemnification. You agree to indemnify, defend and hold Cura Pilates and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Platform.

12. Disclaimer. THIS PLATFORM, AND ITS CONTENT AND INFORMATION, IS PROVIDED FOR YOUR CONVENIENCE AND FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS MEDICAL ADVICE AND IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS PLATFORM IS AT YOUR SOLE RISK. INFORMATION PROVIDED ON THIS PLATFORM IS NOT GUARANTEED TO BE CORRECT, COMPLETE OR CURRENT. CURA PILATES MAKES NO WARRANTY, EXPRESSED OR IMPLIED, ABOUT THE ACCURACY OR RELIABILITY OF THE INFORMATION ON THE PLATFORM OR ANY WEBSITE OR PLATFORM TO WHICH IT IS LINKED. YOU AGREE THAT CURA PILATES DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE PLATFORM.

Furthermore, by using this Platform, you acknowledge that Cura Pilates makes no claims as to fitness or health results that can or may be obtained through participation in our services. We have neither suggested nor will suggest physical therapy or any medical treatment. Only licensed medical professionals are qualified to give physical therapy or medical advice.

Your Health Warranty. By enrolling or participating in any of our classes, You represent and warrant that You (i) are in good medical and physical condition, and that participation in the classes does not pose any danger to Your health; (ii) have no medical or physical conditions that would preclude your participation in our classes, or otherwise create an increased risk of injury or adverse health consequences as a result of strenuous exercise; and (iii) have not been instructed or advised by any physician against participating in pilates or a similar fitness or exercise class.

13. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL CURA PILATES BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE PLATFORM, YOUR PLATFORM USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM AND/OR CONTENT IS TO CEASE ALL OF YOUR PLATFORM USE.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

14. Use of Information. Cura Pilates reserves the right, and you authorize us, to use and assign all information regarding website and course platform uses by you and all information provided by you in any manner consistent with our Privacy Policy.

15. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) A description of the copyrighted work that you claim has been infringed;

(d) Your address, telephone number, and e-mail address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Site is Danielle Dixon who can be reached as follows:

By E-mail: curapilates.takecare@gmail.com

12. Applicable Law. You agree that the laws of the state of Connecticut, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and Cura Pilates or its affiliates.

13. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

14. Waiver. The failure of Cura Pilates to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Cura Pilates must be in writing and signed by an authorized representative of Cura Pilates.

15. Termination. Cura Pilates may terminate this Agreement at any time, with or without notice, for any reason.

16. Relationship of the Parties. Nothing contained in this Agreement or your use of the Platform shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

17. Entire Agreement. This Terms of Use constitutes the entire agreement between you and Cura Pilates and governs the terms and conditions of your use of the Platform, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Cura Pilates with respect to this Platform. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website. Cura Pilates may revise this Terms of Use at any time by updating this Agreement and posting it on the Platform. Accordingly, you should visit the Platform and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.

18. Contact Information.

Danielle Dixon, Cura Pilates: curapilates.takecare@gmail.com

Effective as of July 22, 2020

Schedule A

Pilates Classes

Group Class Fees: $18 per class

Small Group Class Fees: $72 per class

(4 individuals or fewer)

Private Pilates Sessions

60-minute Private Session- $50

75-minute Private Session- $60

Cura Pilates Class Schedule

Tuesdays: 5:00-6:00pm EST Intermediate Group

Thursdays: 6:30-7:15pm EST Beginner Group

Saturdays: 9:30-10:30am EST Advanced Group

Effective as of July 22, 2020

CURA PILATES, LLC PRIVACY POLICY

PRIVACY POLICY

Effective as of July 28, 2020.

This privacy policy (the “Privacy Policy”) applies to the Cura Pilates website and class platform (the “Platform”), owned and operated by Cura Pilates, LLC. (“Cura,” “we,” “us,” or “our”). We have created this Privacy Policy to tell you what information the Platform collects, how we use that information, and who we will share that information with, if at all. This Privacy Policy does not address the privacy practices of any third parties that we do not own, control, or are affiliated with. Capitalized terms not defined in this Privacy Policy will have the meaning set forth in our Terms of Use. By visiting and/or using our Platform, you are agreeing to the terms of this Privacy Policy and the accompanying Terms of Use. We encourage you to read the Privacy Policy, and to use the information it contains to help you make informed decisions.

1. INFORMATION WE COLLECT OR RECEIVE

In the course of operating the Platform, we will collect and/or receive the following types of information. You authorize us to collect and/or receive such information.

a. Personal Information. We only receive or collect information that identifies you personally if you choose to provide such personally identifiable information to us via email or other means. When you sign up to become a user or contact us, you will be required to provide us with personal information about yourself (collectively, the “Personal Information”). Such Personal Information may include your name, e-mail address, home or business street address, and phone number. We do not collect any Personal Information from you when you use the Platform unless you provide us with the Personal Information voluntarily.

b. Payment Information. If you choose to make a purchase or subscribe to a feature or service ours that requires a fee, you will be required to provide us with your payment information, including, without limitation, bank account numbers, credit card or debit card numbers, account details, ACH information, and similar data (collectively, “Payment Information”). Such Payment Information will be collected and processed by our third-party payment vendors pursuant to the terms and conditions of their privacy policies and terms of use, and we do not obtain access to any Payment Information in connection with such purchases or subscriptions.

c. Third-Party Analytics. We and the third-party technology providers, ad exchanges, ad networks, advertisers, agencies, ad exchanges, and ad servers with which we work use third-party analytics services (e.g., Google Analytics) to evaluate your use of the Platform, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to the Platform and mobile and Internet usage. These third parties use cookies and other technologies to help analyze and provide us the data. You consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy. For more information on these third parties, including how to opt out from certain data collection, please contact us at curapilates.takecare@gmail.com. Please be advised that if you opt out of any such service, you may not be able to use the full functionality of the Platform.

d. Other Information. In addition to the Personal Information, Payment Information, and Geolocational Information, we may automatically collect or receive additional information regarding you and your use of the Platform; your interactions with us and our advertising; and information regarding your computer and mobile devices used to access the Platform (collectively, the “Other Information”). Such Other Information may include:

i. From You. Additional information about yourself that you voluntarily provide to us.

ii. From Your Activity. We may collect or receive information regarding:

A.IP address, which may consist of a static or dynamic IP address and will sometimes point to a specific identifiable computer or mobile device;

B. browser type and language;

C. referring and exit pages and URLs;

D. date and time; and

E. details regarding your activity on the Platform, such as usage data.

iii. About Your Mobile Device. We may collect or receive information regarding:

A. type of mobile device;

B. advertising Identifier (“IDFA” or “AdID”);

C. operating system and version (e.g., iOS, Android or Windows);

D. carrier; and

E. network type (WiFi, 4G, LTE).

iv. From Cookies. We may use both session cookies, which expire once you close the Platform, and persistent cookies, which stay on your mobile device until you delete them and other technologies to help us collect data and to enhance your experience with the Platform. Cookies are small text files that a website can use to recognize a repeat visitor to the Platform. We may use cookies for various purposes, including to:

A. type of mobile device;

B. personalize your experience;

C. analyze which portions of the Platform are visited and used most frequently; and

D. measure and optimize advertising and promotional effectiveness.

If you do not want us to deploy cookies in the Platform, you can opt out by setting your mobile device to reject cookies. You can still use the Platform if you choose to disable cookies, although your ability to use some of the features may be affected.

2. INFORMATION COLLECTED BY OR THROUGH THIRD-PARTY ADVERTISING COMPANIES

We may share Other Information about your activity on the Platform with 3rd parties for ad distribution and optimization. These 3rd parties may use cookies, pixel tags (also called web beacons or clear gifs), and/or other technologies to collect Other Information for such purposes. Pixel tags enable us and these third-party advertising companies to recognize a browser’s cookie when a browser visits the site on which the pixel tag is located in order to learn which advertisement brings a user to a given site. In addition, we may receive Other Information from advertisers and/or their service providers such as advertising identifiers, IP addresses, and post-conversion data.

3. HOW TO OPT OUT OF THIRD-PARTY INTEREST-BASED ADVERTISING

If you wish to opt out of 3rd party, interest-based advertising, please visit https://www.networkadvertising.org and https://optout.aboutads.info/?c=2&lang=EN for details on how to do so.

4. HOW INFORMATION IS USED AND SHARED

a. You authorize us to use the Personal Information, Payment Information, Geolocational Information, and the Other Information (collectively, the “Information”) to:

i. provide and improve our Platform;

ii. provide our services;

iii. administer our promotional programs;

iv. solicit your feedback; and

v. inform you about our products and services.

b. In order to provide our services and administer our promotional programs, we may share the Information with our 3rd party promotional and marketing partners, including, without limitation, businesses participating in our various programs.

c. We engage 3rd party companies and individuals to perform functions on our behalf. Examples may include providing technical assistance, customer service, payment portals, and administration of promotional programs. These other companies will have access to the Information only as necessary to perform their functions and to the extent permitted by law

d. In an ongoing effort to better understand our users, the Platform, and our services, we may analyze certain Information in anonymized and aggregate form to operate, maintain, manage, and improve the Platform and/or such products and services. This aggregate information does not identify you personally. We may share and/or license this aggregate data to our affiliates, agents, business and promotional partners, and other third parties. We may also disclose aggregated user statistics to describe the Platform and these products and services to current and prospective business partners and investors and to other third parties for other lawful purposes.

e. We may share some or all of your Information with any of our parent companies, subsidiaries, joint ventures, or other companies under common control with us.

f. As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets.

g. To the extent permitted by law, we may also disclose the Information:

i. when required by law, court order, or other government or law enforcement authority or regulatory agency; or

ii. whenever we believe that disclosing such Information is necessary or advisable, for example, to protect the rights, property, or safety of us or others, including you.

5. ACCESSING AND MODIFYING INFORMATION AND COMMUNICATION PREFERENCES

If you have provided us any Personal Information, you may access, remove, review, and/or make changes to the same by contacting us as set forth below. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any of our marketing e-mails. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases. You cannot opt out of receiving transactional e-mails related to the Platform (e.g., requests for support).

6. HOW WE PROTECT YOUR INFORMATION

We take commercially reasonable steps to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases or the databases of the 3rd parties with which we may share such Information, nor can we guarantee that the Information you supply will not be intercepted while being transmitted over the Internet. In particular, e-mail sent to us may not be secure. Therefore, please take special care in deciding what information you send to us via e-mail.

7. IMPORTANT NOTICES TO NON-U.S. RESIDENTS

The Platform and its servers are operated in the United States. If you are located outside of the United States, please be aware that your Information, including your Personal Information, may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to use the Platform, you hereby irrevocably and unconditionally consent to such transfer, processing, and use in the United States and elsewhere.

8. EXTERNAL WEBSITES

The Platform may contain links to 3rd party websites. We have no control over the privacy practices or the content of these websites. As such, we are not responsible for the content or the privacy policies of those third-party websites. You should check the applicable 3rd party privacy policy and terms of use when visiting any other websites.

9. CHILDREN

The Platform is not directed to children under the age of 13. We adhere to the Children’s Online Privacy Protection Act (COPPA) and will not knowingly collect Personal Information from any child under the age of 13. We ask that minors (under the age of 13) not use the Platform. If a child under the age of 13 has provided us with Personal Information, a parent or guardian of that child may contact us and request that such information be deleted from our records.

10. CHANGES TO THIS PRIVACY POLICY

This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time. Any such changes will be posted on the Platform. By accessing the Platform after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of the Information is governed by the Privacy Policy in effect at the time we collect the Information. Please refer back to this Privacy Policy on a regular basis.

11. HOW TO CONTACT US

If you have questions about this Privacy Policy, please e-mail us at curapilates.takecare@gmail.com with “Privacy Policy” in the subject line.

Effective as of July 22, 2020