Website Terms & Privacy
WEBSITE USER AGREEMENT
Welcome to the official CALLANETICS® website. This website is provided by Precious Peach Ltd., (“PPL”) under exclusive license from Callan Productions Corp. PPL is the exclusive licensee of the CALLANETICS® IP owned by Callan Productions Corp. PPL provides website features and products and services to You when You visit or shop at callanetics.com (the “Website”) and use CALLANETICS® products or services, including software and features provided by PPL in connection with the Website (collectively, “Callanetics Services”). PPL provides the Callanetics Services subject to this Agreement between You and PPL (“Callanetics” or “We”, “Us”, or “Our”). By viewing, accessing or using Our website, You agree to the terms of this Agreement. THIS IS A BINDING CONTRACT that We first posted on May 10, 2024 and last updated on May 10, 2024.
This Agreement contains the complete and entire understanding and agreement and supersedes any previous communications, representations, or verbal or oral agreements related to Your use of Callanetics Services. Sometimes additional terms apply to certain Callanetics Services, in which case You also will be subject to the guidelines, terms and agreements applicable to that Callanetics Service. If this Agreement is inconsistent with the terms for a particular Service, the terms for that Service will control. PPL may modify this Agreement or additional terms any time in its discretion by posting changes on the Internet. These modifications are effective when We post them. You agree no other notice is required. You agree to regularly check the Website for updates to this Agreement. Your continued use of the Callanetics Services following any changes to this Agreement constitutes Your acceptance of the changes. IF AT ANY TIME YOU DO NOT AGREE TO OUR CALLANETICS.COM USER AGREEMENT OR INCORPORATED POLICIES OR TO OTHER TERMS OF SERVICE ON OUR WEBSITE, YOU MUST IMMEDIATELY CEASE USING OUR WEBSITE.
License Grant
In order for You to “use” Our Website, We give You certain limited rights. The content of Our Website is protected by United States and international laws, including intellectual property laws like copyright and trademark laws. Since We own or license the rights conveyed by these laws, which are reflected in the content on the Website, WE GRANT YOU A LIMITED, REVOCABLE, NONEXCLUSIVE, NONTRANSFERABLE LICENSE TO ACCESS THE CALLANETICS SERVICES TO MAKE PERSONAL AND NON-COMMERCIAL USE OF THEIR CONTENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THE CALLANETICS SERVICES OR CONTENT OF THE WEBSITE. Prohibited Acts Except as authorized in this Agreement, no copies of the Website or any part of it may be made by or for You. You agree that You will not alter, publish, copy, cut, modify or transform the content, or any component of the content of this website, in any form to any storage medium, known or unknown, for any purpose whatsoever, except as authorized. You agree not to make any commercial use of any Callanetics Service or content without express written consent from PPL, including collection and use of product or service information, descriptions, or prices, not to create any derivative use of any Callanetics Service or its content, not to download or copy of instructor or customer information for the benefit of another merchant, and not to use robots, data mining, or similar data extraction or gathering tools. You agree not to use any meta tags or any other “hidden text” including Callanetics copyrights, names or trademarks without the express written consent of PPL. You agree not misuse the Callanetics Services and only to use those Services as permitted by law. All rights not expressly granted to You are reserved and retained by PPL or its licensors or other content providers.
The license granted in this Agreement terminates automatically if You fail to comply with any term of this Agreement or the additional terms of any Service. PPL may deny You access or terminate this license if We reasonably believe that You are not abiding by the terms of this Agreement, or for any other reason in Our sole discretion. You may be legally responsible for trademark or copyright infringement if You fail to abide by the terms of this license.
Callanetics Rights
You acknowledge and agree that the content is Our property, protected under copyright and trademark laws. You agree that all right, title, and interest in and to the Callanetics Services and content, including associated intellectual property rights, are and shall remain with Callanetics and its licensors. You agree not to take any action inconsistent with Our rights and not to challenge them. If You believe Our content infringes your copyright, please follow our Copyright Complaint procedure.
Communication from You
You may submit suggestions, ideas, comments, questions, information, reviews, photos and other content or communications to Us in connection with or separate from Your access to Our Website. In some cases, You may also add or provide content. In all cases, You agree not to provide or submit anything or use Our website for any action, that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead anyone in Your use of Our Website. You agree that We alone have discretion to determine what is objectionable.
If You do submit anything to Us or post any content, You grant Us a nonexclusive, royalty- free, perpetual, irrevocable, and fully sublicensable and transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display whatever You sent Us throughout the universe, perpetually, in any media, and without any obligation to compensate you in any form. You also grant Us and Our sublicensees or assigns the right to use Your name in connection with the content, at Our (or their) option. You represent and warrant that You own or otherwise control all of the rights to what You submit or post, that it is accurate, that it and its use does not violate this Agreement and will not cause injury to any other person or entity, and that You will indemnify Us for all claims resulting from Your supplying us that material. PPL takes no responsibility and assumes no liability for any content resulting from Your submission or posts or those of any third party.
No Warranty – Limitation of Liability
The content of Our Website is provided on an “as is” and “as available” basis without any warranties, express or implied. By accessing the content of Our Website, You agree to release PPL and its affiliates and their owners, directors, successors, employees, assigns, licensees, and legal representatives from all claims, damages, costs and expenses of every kind (including reasonable attorneys’ fees) (“Claims”) that directly or indirectly result from Your use of the Callanetics Services or the content of Our Website. YOU EXPRESSLY AGREE THAT YOUR USE OF THE CALLANETICS SERVICES AND OUR WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE TO RELEASE AND WAIVE ANY CLAIMS AGAINST PPL AND THAT PPL WILL NOT BE LIABLE FOR ANY CLAIMS, DAMAGES, COSTS, OR EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) OF ANY KIND ARISING FROM YOUR USE OF ANY CALLANETICS SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY CALLANETICS SERVICE, INCLUDING DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. Certain state laws do not allow limitations on warranties or exclusion or limitation of certain damages. If these laws apply to You, some or all of the above disclaimers, waivers, releases, exclusions, or limitations may not apply to You.
Liability Release
You release and hold harmless PPL and its affiliates and their owners, directors, successors, employees, assigns, licensees, and legal representatives from any liability concerning any accident, injury, illness, death, loss, damage to person or property, or other consequences suffered by You arising or resulting directly or indirectly from Your use of the Callanetics Services, Your purchase and use of CALLANETICS® products, Your participation in instructor trainings or classes, and Your use of the License under this Agreement. You acknowledge and agree that CALLANETICS® classes are physically demanding and may not be appropriate for everyone. You acknowledge and agree that the Callanetics Services simply include general educational information and are not a substitute for medical or healthcare advice. You should seek the advice of a physician or other qualified healthcare professional if You or anyone in Your classes experiences any condition (medical or otherwise) in connection with the Callanetics Services, products or classes or that may cause injury or health issues, and generally before beginning this or any other exercise regimen. We assume no responsibility for any consequence relating directly or indirectly to any act or omission an Instructor or other third party may take based on the Callanetics Services, products, or classes, or the information, services, or other content provided on Our Website or elsewhere.
No Guarantee of Correctness – No Professional Advice
The content has been prepared and/or obtained for general information and entertainment purposes only and is not intended to provide legal, medical, tax, or professional advice. You acknowledge that PPL and its affiliates and their owners, directors, successors, employees, assigns, licensees, and legal representatives do not promise or guarantee that the content is correct, complete, or up-to-date.
Third Party Links/Intellectual Property
The content or Our Website may link to other locations through the Internet. There may also be third party intellectual property on Our Website. We do not endorse, guarantee or warranty, express or implied, the content and information available at another site or as a result of Our permitted use of third party rights. Nor do We monitor any linked websites or evaluate the propriety or correctness of any information available at a linked site. You agree that We does not have any liability for anything on someone else’s website or through Our permitted use of third-party intellectual property rights.
No Conflict
You warrant and represent that Your performance under this Agreement and use of the Callanetics Services and products will comply with all applicable laws, rules, regulations, including teaching, training, advertising, marketing, electronic communication, solicitation, mobile device communication, telephone, fax, privacy, collection, and intellectual property laws, and that Your use does not and will not conflict with any other obligations to third parties that You have or undertake. If You violate this promise to Us, You agree indemnify and hold harmless PPL and its affiliates and their owners, directors, successors, employees, assigns, licensees, and legal representatives from any claims, damages, or expenses (including reasonable attorneys’ fees) that result from the conflict.
Indemnification; Investigation
You agree to hold harmless, indemnify, and defend PPL and its affiliates and their owners, directors, successors, employees, assigns, licensees, and legal representatives for any and all claims, damages, costs, or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from (a) Your breach of this Agreement, (b) Your activities related to Our Website or Your related activities, and (c) anything You submit to us or post on Our Website. You acknowledge and agree that We may investigate violations of this Agreement (including gathering information in response to complaints by or about You) and authorize Us to cooperate with law enforcement, system administrators, third party service providers, or other third parties to investigate violations or enforce this Agreement. You agree to waive and release PPPL or anyone acting for it from any claims that result from the investigation or enforcement of this Agreement.
Privacy Policy, Shipping and Returns Policy Incorporated
You agree with our Privacy Policy, and our Shipping and Returns Policy, and that those policies are incorporated into this Agreement.
Disputes; Applicable Law; Notices
Any dispute or claim relating in any way to Your use of any Callanetics Service, access to the content on Our Website, or concerning any products or services sold or distributed by PPL or through callantics.com shall be determined by arbitration administered by the International Centre for Dispute Resolution in London, UK in accordance with its International Arbitration Rules. However, the foregoing notwithstanding, in the event that PPL’s exclusive license of the Callanetics IP expires or is otherwise transferred, any controversy or claims relating to this Agreement shall be resolved by the courts in Miami- Dade county, Florida, USA. Each party waives its rights to a jury trial. This Agreement will be governed by and construed in accordance with the laws of the State of Florida, USA, excluding any choice of law rules that would direct the application of the laws of another jurisdiction. The prevailing Party in any legal action under this Agreement will be entitled to recover its reasonable attorneys’ fees in addition to its costs and necessary disbursements. Any judgment by an arbitrator or court under this Section is fully enforceable in Instructor’s country of residence.
COPYRIGHT COMPLAINTS
We respect the intellectual property of others. If You believe We may have content that infringes Your copyright, please follow these procedures. Please submit Your complaint by emailing Us at info@callanetics.com or writing Us at the address contained in this Agreement, attention “General Counsel”. Please include the following information:
- A signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that You believe has been infringed upon;
- A description of where the material that You believe is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- 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;
- 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.
PRIVACY POLICY
We take your privacy seriously. By using Our Website, You also agree to the collection and use of Your personal information by Us in accordance with this Privacy Policy. This Policy is part of the callanetics.com ser Agreement. Whenever possible, We attempt to collect and use a minimum amount of Your personal information in order to provide the Callanetics Services or process Your order(s).
Electronic Communications
When You use certain Callanetics Services, or send emails to Us, You communicate with Us electronically. You consent to receive communications from Us electronically. We will communicate with You by email or by posting notices on Our Website or through other methods. You agree that all communications, notices, disclosures, and agreements that We provide to You electronically satisfy any legal requirement that such communications be in writing.
Information Collected and Use
In some cases, We may collect technical information when You connect to Our Website. Examples of this type of information include the type of internet browser or operating system You are using, the IP address or reference URL, domain name, and website data from which You linked to Our site. Also, when You view the Website some information may be stored on Your computer in the form of a “cookie” or similar file. This information and these files are used to prevent hacking or provide better customer experiences and service.
Information may also be collected if You provide it, such as Your email address, home or shipping addresses, phone number(s) and other information. Anyone under eighteen (18) years of age is required to use this Website and the Callanetics Services under the supervision of a parent or legal guardian.
Any personal information that We collect is not shared with other persons except for purposes related to the Callanetics Services and then only as permitted by law. We do not sell or distribute Your information to anyone.
Other Businesses
Parties other than PPL provide services or sell products related to the Callanetics Services. In addition, We provide platforms to find those third parties, usually instructors, or links to their websites. We are not responsible for examining or evaluating, and We do not warrant the offerings of, any of these individuals or the content of their websites or services. PPL does not assume any responsibility or liability for the actions, products, and content of any other third parties, including its licensees. You agree that We are not responsible for the use of Your personal information by any other person unless We gave them the information in violation of the law and of this Agreement and then that any applicable and lawful limitation on that liability stated in this Agreement applies.
Your Account
If You use any Callanetics Service, You are responsible for maintaining the confidentiality of Your account and password. You also are responsible for restricting access to Your computer. You agree to accept responsibility for all activities that occur under Your account or password or on Your computer. PPL reserves the right to terminate accounts, remove or edit content, cancel orders, or refuse service in its sole discretion.
Age Restrictions
If You are under 18, You must use the Callanetics Services only with involvement of a parent or guardian.
Incorporation
This Privacy Policy is incorporated into Our callanetics.com user agreement.
SHIPPING RETURNS & POLICY
Pricing – Use of Distribution
We appreciate Your orders. Orders from PPL must comply with all requirements and be accepted by PPL to constitute a sale. We reserve the right not to complete a sale in Our discretion.
If your order includes an Instructor Training program, You acknowledge reading and understanding, and agreeing to the additional Training Terms of Service.
We accept credit card payment (Visa and MasterCard). Your credit card will be charged when You place Your order. If we do not fulfil Your order, We will refund Your credit card. We also may accept other forms of payment, such as check or money order or cash on delivery, but we are not required to do so and only do so where availability is specifically provided for elsewhere on Our Website.
Cancellation
You may only cancel an order before the handling and shipping process has started. If you timely cancel an order, Your purchase price and shipping will be refunded. If You cancel after handling or shipping has started, You must wait to receive the product and go through the Returns process.
Shipping
Orders usually ship within five (5) to seven (7) business days. Saturday delivery and express shipping may not be available; We reserve the right to offer these options in our discretion. Shipping dates are subject to change without notice and We do not guarantee delivery by a particular date or holiday. Shipping may take as long as ten (10) days inside the United States, and longer for international shipments. Additional costs and fees apply to international shipments. You are responsible for customs, duties and taxes on your purchases. Order tracking may be available in our discretion.
You must provide Your physical street address, since We may not be able to deliver to a post office box. We do not require proof of signature for delivery; You are responsible to be available for receipt of Your package and agree that the package may be left at Your stated destination address in Our or the carrier’s discretion. We ship with a variety of carriers and have discretion to choose which carrier is appropriate for the circumstances of Your order. We may, for example, use the following carriers: USPS, UPS, FedEx, and DHL. If the carrier provides a tracking number, We will update Your order or inform You about this information, if appropriate and possible. Please note that some orders using USPS mail will not have tracking numbers.
Shipping rates vary depending on the products or services You purchase and Your location. Shipping rates are subject to change without notice. Additional shipping charges may apply for international orders or heavy items.
Force Majeure
Sometimes unforeseen events may delay your shipment, like extreme weather, internal or vendor-related delays, acts of god, government regulations or actions and so forth, shipments may be delayed. You agree that We are not liable for anything that results from these things that are outside our control or not a result of Our gross negligence or wilful misconduct.
Risk of Loss on Orders
All items purchased from Callanetics are made according to a shipment contract. Risk of loss and title for Your purchases passes to You when We deliver Your purchase to the carrier.
Returns; Exchanges
You may return an unused item within 7 days of purchase. If a product We ship is refused or returned to Us for any reason (except where We determine the product was defective when Risk of Loss passed), You are responsible for the original shipping and handling costs and fees – these are not refunded. We only refund You the purchase price. All returned items may be subject to a ten percent (10%) restocking fee in Our discretion.
DVDs are not refundable if opened.
Classes, workshops, Bootcamp, and gift certificates are not returnable or refundable. Bootcamp may not be exchanged or transferred.
If you purchased clothing that does not fit and it is new condition, then you may exchange it. We will determine if it is in new condition on return and, if it is, you may exchange it for a different size. Restocking fees may apply to this exchange and You will have to pay return shipping.
Risk of Loss on Returns
We do not take title to returned items until we receive the item. At Our discretion, a refund may be issued without requiring a return, but we do not take title to the refunded item at all.
Product Descriptions
We try to be as accurate as possible in our product descriptions, but we do not warrant that product descriptions or other content of any Callanetics Service is accurate, complete, reliable, current, or error-free. If a product offered by Us itself is not as described, Your sole remedy is to return it in unused condition.
Incorporation
This Shipping and Returns Policy is incorporated into our Website User Agreement.
