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TERMS + CONDITIONS

updated 11.27.20

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY O44 SERVICES.

Welcome to O44!

We want to let you know that all of the O44 websites, mobile apps, or related digital/software products (collectively, “Services”) that you are using, accessing, or purchasing any goods or services from are either owned or offered by O44 Licensing, LLC and its subsidiaries or affiliates (collectively, “O44”). The references to “we,” “us,” and “our” as used in these Terms of Use refer to O44s.

By accessing or using our Services, you are agreeing to be bound by these Terms of Use together with our Privacy Policy. Additionally, some of the content that you may access through our Services may require you to perform a physical activity or participate in exercise programs. Please consult with a physician before starting such physical activities or exercise programs. Remember that participation in these activities or program is at your own risk.

If you do not agree with any of the provisions found in these Terms of Use, then you should not use or access the Services.


LEGAL DISCLAIMER

There're some inherent risks involved in using any product purchased from this listing including but not limited to serious physical injury. Products we sell may be intended for experienced adults over 18 years of age. We will not be held liable under any circumstance for incidental or consequential loss, damage or injury due directly or indirectly to the use of this product including any malfunction from negligence or defect. The seller makes no claims as to the suitability of this product for any specific purpose or use. Buyer understands that the use of the product can cause possible injury or death to themselves or others. The Buyer holds our company, its agents, & affiliates harmless from any liability arising out of or relating to the use or ownership of this product. Buyer fully accepts responsibility & releases the seller for any and all personal injuries, fatal injuries, costs & other damages incurred as a result of the Buyer or anyone else's operation of this item.

O44 LICENSING, LLC its employees, officers, agents, and anyone else affiliated with the creation of the content and materials contained on this website, or the products and services offered by O44 LICENSING, LLC cannot be held liable for damages or injuries of any kind allegedly caused or resulting from the use of this material or any apparatus or equipment. O44 LICENSING, LLC, its employees, officers, agents, disclaim any and all liability or loss in connection with the materials contained on this website any exercises and instructions contained or described on this website, or any use of this material or any apparatus or equipment. O44 LICENSING, LLC its employees, officers, agents, do not provide any guarantees that the exercises, apparatus or equipment will produce desired results, or that you will produce a particular outcome or benefits for yourself.

ALL O44 TEACHERS ARE INDEPENDENT CONTRACTORS AND HAVE NO EMPLOYEE RELATIONSHIP WITH O44 LICENSING.

MEDICAL ADVISOR DISCLAIMER

Visitors to this website take full legal responsibility for whatever decisions they make regarding their own health care.

Content on this website is for informational purposes only and should NOT be interpreted as a recommendation for a specific treatment plan, product, or course of action.

Content on this website is to help people think clearly for themselves, in order to make better health decisions with the participation of a licensed health professional of their choice.

You should always seek the advice of your physician or other qualified health provider before starting any new treatment;

On any questions regarding a medical condition; and

For specific advice tailored to your situation.

This website does NOT offer medical advice.

Nothing contained in this website is intended to be professional advice for medical diagnosis or treatment.

EXERCISE DISCLAIMER

This website advocates moderate amounts of exercise, with a particular emphasis upon methods of mind/body exercise.

Overall, all individuals should go very slow when first starting an exercise program.

Comments made regarding exercise are intended ONLY for the NORMAL healthy mature adult population. They NEVER apply to any pregnant female, infant, child, or teenager. They may NOT apply to any individual who has some type of serious ABNORMAL condition, or any other special medical condition.

ALL adults over the age of 40, pregnant females, and individuals with any known health or heart condition should always get the advice of their physician regarding whether it is safe to start an exercise program.

The exercises, any dietary suggestions and other advice regarding health issues described on this website are not suitable for everyone. In certain situations, they could cause you to injure yourself.

If you believe any of the practices might cause you to injure yourself, STOP IMMEDIATELY.

You should not try to diagnose yourself, or begin any exercise routine, dietary program or attempt to treat yourself without consulting a qualified medical practitioner.

The material (including without limitation, and advice and/or recommendations) in this website is provided solely as a general educational and informational purpose. It is neither medical nor healthcare advice for any individual problem. It is also not intended to be used for medical treatment. Always seek the advice of your physician or other qualified healthcare providers regarding your particular situation. O44 LICENSING, LLC its employees, officers, agents, make no representations and specifically disclaims all warranties regarding the accuracy, timeliness, merchantability, fitness or completeness for any particular material provided in this website.

TERMS OF USE

Welcome to o44method.com. O44 Licensing, LLC and its affiliates provide their services to you subject to these conditions. If you visit or shop at o44method.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future O44 Licensing, LLC service or visit or purchase from any business affiliated with O44 Licensing, LLC whether or not included in the o44method.com Web site, you also will be subject to the guidelines and conditions applicable to such service or business.

PRIVACY

Please review our Privacy Statement, which also governs your visit to o44method.com, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit www.o44method.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHTS & TRADEMARKS

Please review our legal notices on this page for complete information. In short, you may not use our trademarks for any purpose or copy any of our content without our written permission..

LICENSE AND SITE ACCESS

O44 LICENSING, LLC grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of O44 Licensing, LLC. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of O44 Licensing, LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of O44 Licensing, LLC and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing O44 Licensing, LLC’s name or trademarks without the express written consent of O44 Licensing, LLC. Any unauthorized use terminates the permission or license granted by O44 Licensing, LLC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of O44 Licensing, LLC so long as the link does not portray O44 Licensing, LLC, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any O44 Licensing, LLC logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

TERMINATION

O44 reserves the right in its sole discretion to terminate your account and restrict your use of all or any part of the Services as permitted under prevailing law. O44 also reserves the right to block users from certain IP addresses and prevent access to the Services. The provisions in this Terms of Use relating to intellectual property, User Generated Content, indemnification, limitation of liability, severability, and other provisions that by their nature may survive termination shall survive any termination.


PRODUCT DESCRIPTIONS

O44 Licensing, LLC and its affiliates attempt to be as accurate as possible. However, O44 Licensing, LLC does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by O44 Licensing, LLC itself is not as described, your sole remedy is to return it in unused condition. Prices are subject to change without notice.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY O44 Licensing, LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS. O44 Licensing, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THROUGH THE USE OF THIS SITE AND BY PURCHASING PRODUCTS OR SERVICES, O44 Licensing, LLC DOES NOT PROVIDE ANY PROFESSIONAL, MEDICAL OR HEALTHCARE ADVICE WHICH SHOULD BE OBTAINED EXCLUSIVELY FROM A LICENSED PRACTITIONER IN YOUR JURISDICTION.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, O44 Licensing, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. O44 Licensing, LLC DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM O44 Licensing, LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. O44 Licensing, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

©2020 O44 Licensing, LLC Inc. All rights reserved.

No part of this website can be copied or used in any form without express permission from O44 Licensing, LLC.

TRADEMARK NOTICE

O44 METHOD and other marks indicated on our website and the logo forms of the foregoing marks, are trademarks and/or service marks of O44 LICENSING, LLC or its subsidiaries and may be registered in the United States or in other jurisdictions including internationally. O44 LICENSING, LLC trademarks, service marks and trade dress may not be used in connection with any product or service that is not affiliated with O44 LICENSING, LLC, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits O44 LICENSING, LLC.   All other trademarks not owned by O44 LICENSING, LLC or its subsidiaries that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by O44 LICENSING, LLC or its subsidiaries.

COPYRIGHT NOTICE

All content included on this website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of O44 LICENSING, LLC or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this website is the exclusive property of O44 LICENSING, LLC and protected by U.S. and international copyright laws.

POLICY TOWARDS CHILDREN

We do not sell products for purchase by children. If you are under 18, you may use www.o44method.com only with the involvement of a parent or guardian.

DISPUTES, JURISDICTION AND VENUES

By using this website, and any products or services purchased from O44 Licensing, LLC, you agree that any legal action brought by or against O44 Licensing, LLC. shall be governed by the laws of the State of Colorado, for contracts that are entered into and performed wholly within the State of Colorado, without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the O44 Licensing, LLC website shall be in an appropriate federal or state court located in the county of O44 Licensing, LLC’s principal office at the time of the commencement of such action, namely Denver, Colorado.

PRIVACY

O44 Licensing, LLC is a customer-focused company. We collect and keep information in order to show you content that we think will interest you, and so we can better serve you when you contact us. We protect personal information using industry-standard best practices like firewalls and Secure Socket Layer communication, and we do not share your information except as outlined in our privacy policy. We do not sell your information. You have rights relevant to your data; for example, to rectify it if it is incorrect, to request a copy of the information we have related to you, and to withdraw consent for us to store and use your information even if you have previously consented. For a full list of your rights and our responsibilities please read our full privacy policy.

Effective date: September 19, 2020

O44 Licensing, LLC, Inc. (“O44 Licensing, LLC”, “us”, “we”, or “our”) operates o44method. com (the “Website”).

This Privacy Policy informs you of our policies and your rights regarding our collection, use, processing, and storage of your “Personal Data” when you register to purchase goods or services through our Website, sign up to be on our mailing list, or browse our Website.

As used in this Privacy Policy,

“Personal data” means any information that relates to an identified or identifiable natural person.

“Processing” means any operation, whether or not automated, that is performed on Personal Data or data sets, e.g., collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

O44 Licensing, LLC is both a “processor” and “controller” of Personal Data, meaning that we not only collect and use Personal Data, but also we determine the purposes for which it is processed and the means of processing.

Who is Responsible for your Personal Data

For Personal Data that you submit through our Website (whether by signing up to be on our mailing list or by purchasing goods or services from us) and for Personal Data that is generated when you browse our Website, O44 Licensing, LLC bears primary responsibility. However, credit card information for the purchase of goods or services through our Website is provided by you directly to third party Service Providers such as WorldPay, PayPal and Stripe, which have their own privacy policies. URLs for the privacy policies of WorldPay, PayPal and Stripe appear at the bottom of this Privacy Policy. Information, including Personal Data, collected by O44 Licensing, LLC are stored in our Customer-Relations Management (“CRM”) system and other marketing applications controlled by O44 Licensing, LLC.

General Purposes for Collection of Personal Data

O44 Licensing, LLC collects and uses your Personal Data for one or more of the following lawful purposes:

to provide a range of benefits or services to you;

to provide necessary information to teacher-trainers and training facilities chosen by you to provide training services;

to meet our legal or regulatory responsibilities;

to serve the public interest by providing high quality training and education services in a range of exercise modalities;

to answer your inquiries;

to further the interests of O44 Licensing, LLC without unduly affecting your interests or fundamental rights and freedoms, which interests may be as diverse as administering and reporting on O44 Licensing, LLC training and education programs and events; measuring the effectiveness of our advertising and outreach; and increasing our sales of goods and services.

We do not share your Personal Data with any third party.

The Personal Data We Collect from You and How We Use It

O44 Licensing, LLC collects information: (1) automatically when you browse our Website, or from (2) web forms that you may fill out, (3) email inquiries and responses, (4) quotes and orders, and (5) conversations that our representatives have with you via telephone (which information is stored in our CRM. Apart from information collected automatically when you browse our Website, the type of Personal Information we collect from you depends on the nature of your interaction with O44 Licensing, LLC. Personal Data may be provided by you electronically on a web form, or via email, fax, or other means.

Information That We Collect When You Use Our Shopping Cart or Register for Our Services:

We use cookies to capture items added to a shopping cart during a browsing session. (The cookies are necessary to the functioning of our online store.) When you begin the check-out process, you will be prompted for your email address, as well as your billing and shipping addresses, and telephone number(s). This information is saved in our CRM as a “Quote.” If you already have an account with us, then the Quote will be associated with your Personal Information. When you complete the checkout process, the Quote will be converted into an “Order” tied to your Personal Information. Quotes are retained for at least six (6) months, while Orders are retained permanently, subject to any rights you may have with respect to the Personal Data associated with your Order.

If you register for any of our services, we may collect from you your full name and address, business name, work, home and cellphone numbers, fax number, email address(es), and information about your experience as a Pilates instructor, physical therapist, personal trainer, studio owner, program manager, or student. We may also provide an option for you to establish a username and password in order to “pre-fill” your Personal Data (“Pre-Billing Data”) for receiving course materials.

Specific Purposes:

The information that we collect when you use our shopping cart or register for our services allows us to: (1) fulfill your order for equipment or other goods and services; (2) send you email (for which you have opted in) about our goods and services; (3) provide you with the services for which you registered and ship you course materials; (4) make your registration for our services easier by allowing you to provide Pre-Billing Data; and/or (5) if you have signed up for a Pilates Method Alliance Student Membership in conjunction with registering for our Services, to provide your name and email address to the PMA so that the PMA can send you a membership package. In addition, we may offer our users with the ability to use their usernames and passwords to log in to a portal through which they can access O44 Licensing, LLC Education and equipment order history, access knowledge-base articles, open trouble tickets, and see and edit their location and contact information.

We may also use Personal Data that you provide us (e.g., your email address, and whether you are a movement professional, a commercial fitness business, or an individual Pilates enthusiast), together with information automatically collected by us (e.g., time spent on-site and on specific pages or in specific areas), in order to send you relevant offers for our goods and services, provided you have opted-in to receive such offers. (Of course, you will have the right to opt out of such offers at any time.)

Retention:

O44 Licensing, LLC retains indefinitely any Personal Data which you provide us when you use our shopping cart or register for our services. If you want your Personal Data removed from our systems, please contact us by email at team@o44method.com. Please note that O44 Licensing, LLC may ask you to verify your identity before responding to such requests.

Information That We Collect Automatically:

When you browse or make purchases on our Website, we use various tools to collect information:

Google Analytics: We use Google Analytics, which typically enables us to collect the time of your visit, the pages visited, and time spent on each page or in specific areas of the webpages; referring site details; type of web browser; type of operating system; type of Flash version, JavaScript support, screen resolution, and screen color processing ability; IP address and network location. We may also use the cookies set by Google Analytics to register document downloads, clicks on website links, errors when filling out forms, and scroll depth.

Google Tag Manager: We use Google Tag Manager to analyze whether a user has accessed particular content or completed a valuable action (such as purchasing a product or service).

Eloqua Cookies: Each email we send contains a RecipientID and a tracking pixel to track whether the emails are opened by the recipients. Also, when you visit one of our webpages, a cookie is placed on your computer or device (unless cookies are disabled), allowing us to track the length of your visit, the entry and exit pages, and so on. Additionally, Eloqua cookies may provide us with information about your browser, referring page, and if applicable, your business. Eloqua may also track your viewing of video clips on our Website, including the extent to which the video clip has been played.

Facebook Pixel: We may use Facebook Pixel in order to track users who have visited our Websites through advertisements placed by us on Facebook. When users visit our Website as the result of clicking on a Facebook advertisement, Facebook Pixel allow us to track what actions users take on our Website, what links they click on, whether they put something in a shopping cart, where they go if they abandon it, whether they change devices or resume viewing later on a different device, and other website usage information. This information, together with your Facebook ID, is sent back to Facebook where it is analyzed.

Firewall Tracking: Our web application firewall tracks IP addresses for security purposes.

Specific Purposes:

Google Analytics, Google Tag Manager, Eloqua Cookies, and Facebook Pixel, and other marketing automation and campaign management tools we may use from time to time, provide us with information that help us provide, maintain, and improve our Website, provide customer support, detect, prevent and address technical issues, and provide you with offers and general information about our goods and Services. The data we collect enable us to measure traffic and usage trends, the effectiveness of our email campaigns and advertising, and use of and interest in particular web pages.

When used, Facebook Pixel allow us to gauge the effectiveness of our advertisements and to create “lookalike” audiences for our advertisements, thereby broadening our outreach. Facebook Pixel track “conversions,” meaning actions by customers such as a purchase or adding something to a shopping cart.

Our web application firewall tracks IP addresses for security purposes (e.g., so that we can effectively respond to DDOS attacks), but we do not associate a user’s IP address with any other information that would make the user at that IP address identifiable.

Retention:

Personal Data collected by us using Google Analytics are set to expire automatically 90 days after the date on which the Personal Data are collected. You can stop Google Analytics from collecting your Personal Data by disabling cookies or JavaScript in your browser, or by using Google’s Opt-out browser add-on. For more information on Google data collection, please visit the Google Privacy web page at https://policies.google.com/privacy.

Personal Data collected by us using Eloqua cookies are retained indefinitely, but you can erase or delete your Personal Data in the Oracle Data Cloud by using the Oracle Data Cloud opt-out tool at https://datacloudoptout.oracle.com/#optout. Details regarding Oracle’s collection and use of your personal information, including information about access, retention, rectification, deletion, security, cross-border transfers and contact information, are available in the Oracle Marketing and Data Cloud Privacy Policy.

If collected, Personal Data collected as the result of our use of Facebook Pixel will be automatically deleted after 28 days.

Google Tag Manager is a developer tool used to manage these services. It does not directly result in data to be retained.

(continued above)

Your Data Protection Rights Under General Data Protection Regulation (GDPR)

If you are from the European Economic Area (EEA), you have certain data protection rights. We aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data. In certain circumstances, you have the following data protection rights, which may be exercised by contacting us as provided at the end of this Privacy Policy. Please note, however, that the exercise by you of any of these rights may affect your right or ability to receive information about our products and services, your rights under our product warranties, and the benefits of our services:

The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact O44 Licensing, LLC as provided below in order to assist you.

The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.

The right to object. You have the right to object to our processing of your Personal Data.

The right of restriction. You have the right to request that we restrict the processing of your Personal Data.

The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.

The right to withdraw consent. You also have the right to withdraw your consent at any time where O44 Licensing, LLC relied on your consent to process your Personal Data.

You may have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

O44 Licensing, LLC may process your Personal Data because:

We need to perform a contract with you (e.g., to ship you product that you purchased, or to provide a Service to which you subscribed or for which you enrolled);

You have given us permission to do so;

The processing is in our legitimate interests and it’s not overridden by your rights;

For payment processing purposes; and/or

To comply with the law.

Transfer of Personal Data

O44 Licensing, LLC does not share with or sell to any third party any of your Personal Data. However, because we may use cloud services, your information, including Personal Data, may be transferred to and maintained on computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to and process it in the United States.

Your consent to this Privacy Policy followed by your submission of Personal Data to O44 Licensing, LLC represents your agreement to that transfer.

O44 Licensing, LLC will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy, and no transfer of your Personal Data will take place to an organization or another country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure of Data

Legal Requirements

O44 Licensing, LLC may disclose your Personal Data in the good faith belief that such action is necessary to:

To comply with a legal obligation;

To protect and defend the rights or property of O44 Licensing, LLC;

To prevent or investigate possible wrongdoing in connection with the Service;

To protect the personal safety of users of the Service or the public;

To protect against legal liability.

Security of Data

The security of your data is important to us, but remember that no method of transmission over the internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Payments

For all purchases and paid services, we use third-party payment processors. We do not store or collect your payment card details. Use of your Personal Data by third-party payment processors is governed by their respective privacy policies.

Children’s Privacy

Our Website and services are not intended for anyone under the age of 18 (“Children”).

We do not knowingly collect Personal Data from anyone under the age of 18. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes to This Privacy Policy

We may update this Privacy Policy from time to time by posting such update on this web page and specifying the effective date thereof. Changes to this Privacy Policy are effective when they are posted on this web page.

If you have any questions about this Privacy Policy, please contact us at: team@o44method.com