Terms and Conditions

BARRE-TIQUE TV – TERMS and CONDITIONS

  • SUBSCRIPTION SERVICE
  • TERMS & CONDITIONS
  • ACCESSIBILITY STATEMENT
  • PARENTAL PERMISSION
  • COMMUNICATIONS
  • LICENSE & SITE ACCESS
  • YOUR MEMBERSHIP ACCOUNT
  • CONTACTING BARRE-TIQUE FITNESS
  • DISCLAIMERS
  • THIRD-PARTY CONTENT
  • ONLINE CONDUCT
  • LINKS TO OTHER SITES
  • COPYRIGHTS & TRADEMARKS
  • INDEMNITY
  • APPLICABLE LAW
  • PRESERVATION & DISCLOSURE
  • MISCELLANEOUS TERMS

 

 

  • SUBSCRIPTION SERVICE

Barre-Tique offers subscribers to access content, features and functions of the Website that are not available to the general public (the “Subscription Service”) through the sale of subscriptions (“Subscription(s)”). If you purchase a Subscription, you will have access to content available only to Subscribers. Subscriptions are valid only through the Website and not valid at any physical Barre-Tique Fitness studio.

Please read this Agreement carefully before purchasing a Subscription. When you purchase a Subscription, or use or access the Subscription Service, you agree to be bound by this Agreement, which establishes the entire agreement between you and Barre-Tique Fitness for the supply of the Subscription Service. If you do not agree to this Agreement, please do not use the Subscription Service. Barre- Tique reserves the right to change or update this Agreement, or the products and services available through the Subscription Service, at any time. Changes are effective when they are posted to www.barretiquefitness.com. If you continue to use the Subscription Service after changes are made, you agree to the changes to this Agreement and the Subscription Service, as applicable. If you have any questions about the Subscription Service, your Subscription or this Agreement, please contact us  via our email address tracy@barretiquefitness.com.

You must be 18 years or older to purchase a Subscription. If you are under 18 years of age, you may only use the Subscription Service with the permission of your parent or legal guardian through their Subscription Account. You are not permitted to copy or download any video or audio content available through the Subscription Service. To use the Subscription Service, you must maintain all equipment necessary for access and use of the Website.

 

 

Subscription Terms

Barre-Tique offers three types of Subscriptions: monthly (based on a 30-calendar day cycle “Monthly Subscription”), 6 months (based on a 180-calendar day cycle “6-Month Subscription”), and 12 months (based on a 365-calendar day cycle “12-Month Subscription”).

Monthly Subscription

The Monthly Subscription is paid in 30 calendar day or “monthly” installments. For each month your Monthly Subscription is active, you agree and authorize Barre-Tique to charge the Monthly Subscription fee against the most current credit card information associated with you on file with Barre-Tique or Barre-Tique’s third party payment processing provider. The Monthly Subscription fee will continue to be charged automatically each month until you cancel your Monthly Subscription by following the cancellation procedure in this Agreement. If you wish to avoid being charged for the next month’s Monthly Subscription fee, you must cancel your Monthly Subscription during the 30 calendar days before it renews, up and until the minute prior to the time the subscription was first purchased on the 30th day. No refunds will be provided upon cancellation. You are not permitted to pause your Monthly Subscription during the 30-day Subscription period.

6-Month Subscription

The 6 Month Subscription is paid in 180 calendar day installments. For each 180-day period your 6 Month Subscription is active, you agree and authorize Barre-Tique to charge the 6 Month Subscription fee against the most current credit card information associated with you on file with Barre-Tique or Barre-Tique’s third party payment processing provider. The 6 Month Subscription fee will continue to be charged automatically upon the first day of each 180-day period after your initial 6 Month Subscription until you cancel your 6 Month Subscription by following the cancellation procedure in this Agreement. If you wish to avoid being charged a subsequent 6 Month Subscription fee, you must cancel your 6 Month Subscription during the 180 calendar days before it renews, up and until the minute prior to the time the subscription was first purchased on the 180th day. No refunds will be provided upon cancellation. You are not permitted to pause your 6-Month Subscription during the 180-day Subscription period.

12-Month Subscription

The 12-Month Subscription is paid in 365 calendar day installments. For each 365-day period your 12-Month Subscription is active, you agree and authorize Barre-Tique to charge the Annual Subscription fee against the most current credit card information associated with you on file with Barre-Tique or Barre-Tique’s third party payment processing provider. The Annual Subscription fee will continue to be charged automatically upon the first day of each 365-day period after your initial Annual Subscription until you cancel your Annual Subscription by following the cancellation procedure in this Agreement. If you wish to avoid being charged a subsequent Annual Subscription fee, you must cancel your Annual Subscription during the 365-calendar day period before it is due to renew, up and until the minute prior to the time the subscription was first purchased on the 365th day. No refunds will be provided upon cancellation. You are not permitted to pause your 12-Month Subscription during the 365-day Subscription period.

You may change your Subscription type at any time by purchasing a different Subscription plan. Your new Subscription plan will begin on the date it is purchased. If you purchased a Subscription plan with a lesser term, you will receive prorated credit equal to the number of days remaining in your previous Subscription plan. This prorated credit will be applied towards your new Subscription plan. You will not receive a refund of any amount.

Barre-Tique reserves the right to change the Subscription fee at any time upon notice to you. If you object to any Subscription fee change, you may cancel your Subscription by following the cancellation procedures in this Agreement. No refund or proration will be provided for increased Subscription fees if you do not cancel your Subscription prior to the expiration of your current Subscription term.

If you believe a mistake happened with your Subscription purchase, please ask us to confirm the terms of your purchase in writing; only written changes to the terms of your Purchase or this Agreement will be honored. Subscriptions are nontransferable and cannot be sold, exchanged or transferred.

You are not permitted to resell any Subscriptions, products or other services purchased through the Website.

Account Creation

To create an account (a “Subscription Account”), go to www.barretiquefitness.com and select “Barre-Tique TV.” During the signup process, you will be prompted to enter your first and last name, email, and credit card information (“User Information”). You are solely responsible for the accuracy of the User Information in your Subscription Account and agree to update your User Information if any changes occur during your Subscription term. You will also be required to create a login and password. You are responsible for safeguarding your login, password, other User Information, and for restricting access to your Subscription Account and the Subscription Service by any other person, except for a minor child (under the age of 18) provided such child has your permission to access the Subscription Service through your Subscription Account. You also agree to accept all responsibility for activities that occur in your Subscription Account. When you create a Subscription Account, you must also click the box agreeing to this Agreement. If you do not agree to the terms and conditions in this Agreement, you may not access the Subscription Services. Our information collection and use policies can be viewed in our Privacy Policy.

When you complete the Subscription Account creation process, you will automatically be signed up for a Free Trial described below. You will also receive an email confirming your account creation and the start of your Free Trial. You will not be charged any amount until the day after the expiration of your Free Trial. Upon expiration of the Free Trial, you will automatically be enrolled in the Monthly Subscription plan if you do not select either the 6-Month Subscription, 12-Month Subscription, or cancel your Subscription prior to the end of the Free Trial by following the procedure in this Agreement.

Payment

You are required to keep your payment information up to date at all times until you cancel your Subscription. You authorize Barre-Tique or Barre-Tique’s third party payment processing provider the right to charge the fee associated with your Subscription, as well as all applicable taxes, until you cancel your Subscription. All fees are collected in US Dollars and subject to currency conversion rates from your local currency to US Dollars as well as any fees that may be imposed by your bank or credit card company. The amount you are charged in your local currency may therefore be more or less than the amount advertised in US Dollars on the Website. Subscription fees will be charged on the same day each month, which is the day after your immediately preceding Subscription expires. You cannot change the day your Subscription fee is charged unless you cancel your Subscription and resubscribe to the Subscription Service. Your credit card information may automatically be updated by your credit card issuer. You may have the right to opt out of this update service. If you wish to do so, please contact your credit card issuer. You are responsible for all charges associated with your account, including unauthorized charges, up and until the time you notify us of any unauthorized activity on your Subscriber account. Barre-Tique will not provide refunds or prorations for any Subscription fees charged against credit card information that was updated by your credit card issuer, with or without your knowledge or consent. Barre-Tique will not send you a receipt. You may view your Subscription fee charges and other purchases in your Subscription Account or on your credit card statement.

Promotions

Any promotion offered by Barre-Tique cannot be combined with any other promotion, past or present.

One Time Free Trial

Barre-Tique offers people who have never signed up for a Subscription to experience the Subscription Service through a free trial (the “Free Trial”). The term of the Free Trial will vary and Barre-Tique reserves the right to change the length of the Free Trial at any time. The Free Trial is available to you only once and only if you have not previously purchased a Subscription. You are not permitted to create numerous Subscriber accounts to take advantage of more than one (1) Free Trial. You will be charged an amount equal to the then-current Monthly Subscription fee for each Free Trial for which you are not eligible to sign up. You acknowledge and agree that such fee is not a penalty, but will be considered liquidated damages in light of the difficulties in estimating the damages to Barre-Tique for violation of the Free Trial terms.

On the day after the expiration of the Free Trial term, your credit card will be charged the then-current Subscription fee for the Monthly Subscription unless you select to purchase a longer Subscription plan. If you do not wish to be enrolled in the Monthly Subscription and charged the associated Monthly Subscription fee, you must cancel the Monthly Subscription prior to the expiration of the Free Trial by following the cancellation procedure below.

Discounts

Barre-Tique may offer discounted Subscriptions from time to time in its sole and absolute discretion. You may purchase a discounted Subscription during your Free Trial period. If you do this, your Free Trial will end on the date of your purchase and your Subscription will begin on the same day. If you purchase a discounted Subscription, the discounted Subscription fee will apply only to the period of time for which the discount is advertised. At the expiration of the discounted Subscription, you will automatically be charged the non-discounted rate for a renewal Subscription of the same Subscription type you purchased at the discounted rate. If you do not wish to be charged the then-current Subscription fee as explained above, you must cancel your Subscription by following the cancellation procedure in this Agreement. Discounted Subscription fees are only available to first time Subscription purchasers; except that, you are eligible to purchase a discounted Subscription if you previously signed up for the Free Trial and did not purchase a Subscription after it expired. You will be charged an amount equal to the then-current Subscription fee for each discount you take advantage of for which you are not eligible. You acknowledge and agree that such fee is not a penalty but will be considered liquidated damages in light of the difficulties in estimating the damages to Barre-Tique for violation of these terms.

 

Cancellation

Cancellation by You

You may cancel your Subscription or Free Trial by logging into your Subscription Account, clicking on “My Subscription” and selecting the “Cancel” button. Cancellation of your Subscription will become effective upon the expiration of your current Subscription term. If you cancel your Subscription on the date your credit card is charge, no refund will be provided. You will continue to have access to the Subscription Service until your cancellation becomes effective on the last day of the current Subscription term. No refunds for failure to cancel your Subscription before the end of the current term will be provided under any circumstance.

Cancellation by Barre-Tique

Barre-Tique may suspend or terminate your use of the Subscription Service immediately without notice at any time due to your believed breach of this Agreement or any fraud believed to have been committed by you. You will not receive a refund if your Subscriber account is terminated in accordance with this section of this Agreement.

Subscription Communications

By becoming a Subscriber, you agree to opt-in to receive emails related to the Subscription Service as well as marketing and promotional offers. If you do not wish to receive emails from Barre-Tique, you can opt-out by following the instructions in the emails you receive.

Subscriber Warranty

By purchasing a Subscription, you warrant that (1) you are legally capable of entering into a binding agreement, (2) the information you provide Barre-Tique is truthful and accurate, and, (3) your use of the Subscription Service will not violate any laws or regulations.

Fee Changes

Barre-Tique reserves the right to change the Subscription plans, Free Trial period, promotions, and otherwise to adjust pricing for any service offered through the Subscription Service at any time as it may determine in its sole and absolutely discretion. If Barre-Tique exercises its right to adjust pricing or any Subscription plan, it will provide advance notice to you. If you do not agree to the changes in pricing or any Subscription plan, you must cancel your Subscription by following the cancellation procedure in this Agreement on or before the cancellation deadline applicable to your Subscription plan explained above in this Agreement.

Product Disclaimer

Barre-Tique reserves the right to change, update and remove content available through the Subscription Service in its sole & absolute discretion at any time. Barre-Tique makes no representation or warranty of any kind, express or implied, as to the completeness, accuracy, reliability or availability of the Subscription Service. Further, Barre-Tique does not provide any guarantee or warranty as to the results that can be achieved by using the Subscription Service. You agree to use the Subscription Service at your own risk.

 

                       

 

  • BARRE-TIQUE FITNESS TERMS OF USE AND CONDITIONS OF USE AGREEMENT

This is our Terms and Conditions of Use Agreement (hereinafter referred to as the “Agreement”) for use of the Barre-Tique Fitness.com website (“Website”). This Website is not directed to persons under eighteen (18) years of age. The Website is owned by Barre-Tique Fitness, INC. dba Barre-Tique Fitness (hereinafter referred to as “Barre-Tique Fitness and BTTV”). This Agreement applies to all of the products, services and websites offered by Website and Barre-Tique Fitness , the mobile versions thereof, any Website software that you have embedded on a web site or are about to embed (“Widgets”), and any applications (“Apps”) created by Barre-Tique Fitness  whether available through a social networking site or its subsidiaries or affiliated companies (collectively, “Service”). Please note that the availability of any Apps on a social networking site does not indicate any relationship or affiliation between Barre-Tique Fitness and such social networking site].
The information presented on this Website is in no way intended as medical advice or as a substitute for medical treatment. This information should only be used in conjunction with the guidance and care of your physician. Consult your physician before beginning any diet, nutrition, or fitness plan offered through the Website. Your physician should allow for proper follow-up visits and individualize your diet, nutrition, or fitness plan as appropriate. Nothing stated or presented on the Website is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider if you have any questions regarding a medical condition, your diet, nutritional supplements, an exercise regimen, or any other matter related to your health and well-being.

If you do not agree to be bound by this Agreement, please do not use or access this Website. Barre-Tique Fitness reserves the right to refuse or cancel your account. We also reserve the right to cancel your membership should you violate any provision of this Agreement, or any other posted policy on the Website. The contents of this Website, including the videos, text, graphics, images, and information obtained from Barre-Tique Fitness ’s third-party content providers, sponsors, suppliers, and licensors (collectively “Providers”), and any other materials are to be used for informational purposes only.

  • ACCESSIBILITY STATEMENT

Barre-Tique Fitness INC. and its affiliated companies are committed to making its website’s content accessible and user friendly to everyone. If you are having difficulty viewing or navigating the content on this website, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please call our Customer Service team at 631-828-8277, or email our team at tracy@barretiquefitness.com putting “Disabled Access” in the subject line and providing a description of the specific feature you feel is not fully accessible or a suggestion for improvement. We take your feedback seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall accessibility policies. Additionally, while we do not control such vendors, we strongly encourage vendors of third-party digital content to provide content that is accessible and user friendly.

  • PARENTAL OR GUARDIAN PERMISSION

You must be 18 years or older to use this Website and by providing information about yourself to Barre-Tique Fitness you are representing that you are eighteen years (18) of age or older. If you are younger than eighteen (18) years of age and would like to become a registered member of or provide information about yourself to the Barre-Tique Fitness Website, you are required to have your parent or legal guardian

contact us prior to use.

  • COMMUNICATIONS

When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications (including legal notices) from us electronically. We will communicate with you by email or by posting notices on the 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. Finally, Barre-Tique Fitness may deliver communications to you by any means set forth in any other Barre-Tique Fitness policy or notice published on the Website.

  • LICENSE AND SITE ACCESS

Barre-Tique Fitness grants you a limited license to access and make personal use of the Website and you may not download (other than page caching) or modify it, or any portion of it, without the express written consent of Barre-Tique Fitness. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Barre-Tique Fitness. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Barre-Tique Fitness without our express written consent. You may not use any metatags or any other hidden text utilizing Barre-Tique Fitness ’s name or trademarks without the express written consent of Barre-Tique Fitness. By visiting our website, you agree that it is NOT for the purpose of obtaining a claim or legal action against the Company, including but not limited to patent infringement, accessibility, or compliance with any law. Any unauthorized use terminates the permission or license granted by Barre-Tique Fitness. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Website so long as the link does not portray Barre-Tique Fitness, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Barre-Tique Fitness BTTV logo or other proprietary graphic or trademark as part of the link without express written permission.

  • YOUR MEMBERSHIP ACCOUNT

If you subscribe to and use the Website, 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. Barre-Tique Fitness and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Memberships are non-transferable. You agree to (a) maintain all equipment necessary for your access to and use of the Website; (b) maintain the security of your user identification, password, Personal Information (as defined in our Website Privacy Policy), and any other confidential information relating to your Barre-Tique Fitness  account; (c) take responsibility for all charges resulting from use of your Barre-Tique Fitness  account, including unauthorized use prior to your notifying Barre-Tique Fitness  of such unauthorized use and taking the legal steps to prevent its further occurrence by contacting us to change your password; and (d) update your Personal Information (as defined in our Website Privacy Policy), including email address, as appropriate. If you are given a promotional code, you may only use it once. After the promotion terminates, you will be required to subscribe to the Website. Barre-Tique Fitness reserves the right to terminate any account that is using or trying to use more than 1 promotion. If subscription is terminated due to a violation of this Agreement, Barre-Tique Fitness will not reimburse Subscriber for the remainder of paid month. Nor will reimbursements be made for subscription cancellations prior to monthly renewal date.

Subscriptions are billed monthly. All subscriptions are renewed automatically until canceled. Subscribers may cancel their subscription at any time. Subscriptions must be canceled 3 days prior to the renewal date in order to end subscription charges. At times, special pre-paid subscription packages may be available for purchase. Special pre-paid subscriptions will be recurring and may renew automatically on the expiry date. Subscription must be canceled prior to the renewal date in order to end subscription charges.

  • CONTACTING BARRE-TIQUE FITNESS

You may contact us online, or by mail to Barre-Tique Fitness , 200 Wilson Street, Port Jefferson Station NY 11777  (provide your first and last name, user name, and email address).

  • DISCLAIMERS AND LIMITATION OF LIABILITY

Users of the Website (individually and collectively, “User”) expressly agree that use of the Website is at User’s sole risk. Neither Barre-Tique Fitness , nor its employees or Providers, warrant that the Website will be uninterrupted or error-free; nor do they warrant or make any representation regarding the use of the information provided on the Website or the results that may be obtained from the use of the information provided on the Website, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through the Website. Barre-Tique Fitness does not endorse, recommend, or sponsor and is not affiliated with any individuals or entities listed or linked to on the Website unless that fact is expressly stated. The listing of any individual or entity does not constitute a medical referral of any kind. Users are advised to exercise their own further informed review, judgment, and evaluation in the selection of any and all medical professionals and health information.

The website is provided by Barre-Tique Fitness on an “as is” and “as available” basis. Barre-Tique Fitness makes no representations or warranties of any kind, express or implied, as to the operation of the website or the information, content, materials, products or individuals included or listed on the website. To the fullest extent permissible by applicable law, Barre-Tique Fitness disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Under no circumstances shall Barre-Tique Fitness  or providers be liable to you or any third-party for any indirect, consequential, incidental, special or punitive damages, including, but not limited to, lost profits and business interruption, whether in contract or in tort, including negligence, arising in any way from any product or service sold or provided on the website or the use of the information or the results of the use of the information provided on the website, even if Barre-Tique Fitness  is expressly advised of the possibility of such damages. In no event shall Barre-Tique Fitness ’s liability exceeds the price you paid for a product or service that is the subject of the claim. No oral advice or written information given by Barre-Tique Fitness, providers or the like, shall create a warranty; nor shall user rely on any such information or advice. Under no circumstances shall Barre-Tique Fitness  or any other party involved in creating, producing, or distributing the Website be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Website, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to the Website’s records, programs, or services. User acknowledges that this paragraph shall apply to all content, merchandise, and services available through the Website. In those States that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.

  • THIRD-PARTY CONTENT

The Website contains information, data, software, photographs, graphs, videos, typefaces, graphics, audio and other material (collectively “Content”). Regarding the Content supplied by Users or parties other than Barre-Tique Fitness, Barre-Tique Fitness is a distributor and not a publisher. Barre-Tique Fitness has no more editorial control over such third-party or User Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties and not by Barre-Tique Fitness are those of the respective authors or distributors and not of Barre-Tique Fitness. Neither Barre-Tique Fitness nor any third party, including any Provider, or any User of the Website, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through the Website represents the opinions and judgments of the respective Provider or User not under contract with Barre-Tique Fitness. Barre-Tique Fitness neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized Barre-Tique Fitness employees. Under no circumstances shall Barre-Tique Fitness be liable for any loss, damage or harm caused by a User’s reliance on information obtained through the Website. It is the responsibility of a User to evaluate the information, opinion, advice or other Content available through the Website.

  • ONLINE CONDUCT

User agrees to use the Website only for lawful purposes. User is prohibited from posting on or transmitting through the Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation. If Barre-Tique Fitness is notified of allegedly infringing, defamatory, damaging, illegal, or offensive content provided by User, Barre-Tique Fitness may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from the Website. Barre-Tique Fitness  may disclose any content or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Website; or (iii) to protect the rights or property of Barre-Tique Fitness , its Users or Providers. Barre-Tique Fitness reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual Users, the Website, or any rights of Barre-Tique Fitness or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither Barre-Tique Fitness nor its Providers can ensure prompt removal of questionable content after online posting. Accordingly, neither Barre-Tique Fitness, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or content on the Website.

  • LINKS TO OTHER SITES

The Website may reference or link to third-party sites throughout the World Wide Web. Barre-Tique Fitness has no control over these third-party sites or the content within them. Barre-Tique Fitness cannot and does not guarantee, represent or warrant that the content contained in these third-party sites is accurate, legal, or inoffensive. Barre-Tique Fitness does not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. Barre-Tique Fitness does not assume any responsibility or liability for the actions, product, services, and content of all these and any other third parties. If you choose to link to or use a third-party website, you should carefully review such third party’s privacy statement and other terms and conditions of use. By using the Website to search for or link to another third-party site, you agree and understand that you may not make any claim against Barre-Tique Fitness  for any damages or losses, whatsoever, resulting from your use of the Website to obtain search results or to link to another site.

  • COPYRIGHTS

Copyright © Barre-Tique Fitness INC., 2013. All materials and contents contained in the Website (including but not limited to the text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software), and the Website itself, are copyrighted materials belonging exclusively to Barre-Tique Fitness  or its content suppliers and are protected by United States and international copyright law. Barre-Tique Fitness enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate, including the remedies provided for under sections 501 et seq. of Title 17 of the U.S. Code. All rights are reserved.

  • TRADEMARKS

BARRE-TIQUE FITNESS, Barre-Tique Fitness, “BTTV” SYMBOL, and “EXPERIENCE CINEMATIC FITNESS” and the related logos and other marks indicated on our Website are the exclusive property and trademarks of Barre-Tique Fitness, INC. Barre-Tique Fitness reserves all rights, including all rights applicable under the U.S. and international trademark laws, including, without limitation Section 1125 of Title 15 of the U.S. Code (Lanham Act Sec. 43). All other trademarks not owned by Barre-Tique Fitness 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 Barre-Tique Fitness.

  • INDEMNITY

You agree to defend, indemnify, and hold Barre-Tique Fitness and Providers harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

  • APPLICABLE LAW

The Website is created and controlled by Barre-Tique Fitness in the State of New York. As such, the laws of the State of New York will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. Barre-Tique Fitness reserves the right to make changes to its Website and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the jurisdiction of the State of New York for any litigation arising out of or relating to use of or purchase made through the Website (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the New York courts and agrees not to plead or claim in any New York court that such litigation brought therein has been brought in an inconvenient forum.

  • PRESERVATION / DISCLOSURE

You acknowledge, consent and agree that Barre-Tique Fitness may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process nationally or internationally; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Barre-Tique Fitness  Online Workouts, its Members and the public. Under no other circumstances will Barre-Tique Fitness intentionally disclose your account information to any third party.

  • MISCELLANEOUS TERMS

In any action against us arising from the use of this Website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees. Barre-Tique Fitness reserves the right to make changes to the Website, these policies, and these Terms and Conditions of Use at any time, effective immediately upon the posting on this Website. Please check these Terms and Conditions of Use periodically. In addition, these Terms and Conditions of Use may be modified only by our posting of changes to these Terms and Conditions of Use on this Website, or by signed, written agreement of both parties. Each time you access this Website, you will be deemed to have accepted any such changes. If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions. These Terms and Conditions of Use are the entire Agreement between you and us relating to the subject matter herein. We may assign our rights and obligations under these Terms and Conditions of Use. These Terms and Conditions of Use will inure to the benefit of our successors, assigns, and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms and Conditions of Use, or to exercise any right under the Terms and Conditions of Use, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect. eds content.

 

 

 

 

PRIVACY

  • APPLICABLE LAW
  • INFORMATION WE COLLECT
  • CHOICES FOR INFORMATION
  • INFORMATION SHARING
  • INFORMATION SECURITY
  • DATA INTEGRITY
  • ACCESSING INFORMATION
  • ENFORCEMENT
  • MINORS
  • CHANGES TO THIS POLICY
  • LINKS & RELATIONSHIPS
  • YOUR CONSENT

 

APPLICABLE LAW

At Barre-Tique Fitness we recognize that privacy is important, and we are committed to protecting your privacy rights (“Policy”). We use the information we collect about you to process orders, to improve the content of the Website and to provide a more personalized experience. We may also use it to periodically inform you about changes on our Website and new products and services. We do not sell, trade or rent your personal information to others. This Policy applies to all of the products, services and websites offered by Barre-Tique Fitness , INC. (the “Website” or “Barre-Tique Fitness ”), any Barre-Tique Fitness  software that you have embedded on a website or are about to embed (“Barre-Tique Fitness  Widgets”), any applications created by Barre-Tique Fitness and available through social networking sites (“Barre-Tique Fitness  Apps”) or its subsidiaries or affiliated companies (collectively, Barre-Tique Fitness ’s “Service”)

If you have any questions about this Policy, please feel free to contact us.

By using the Service, you consent to the collection and use of your personal information as outlined in this Policy. As this Policy may be amended from time to time, you should visit this page periodically to review any changes to the Policy.

In addition to information about yourself, you may submit other content (“Content”). To protect your privacy, the Service allows you to mark your Content as “Private”, in which event it can only be seen by you and people with whom the unique URL of your Content has been shared, or in accordance with the terms applicable to social networking sites on which you include Content through Barre-Tique Fitness Apps. However, Barre-Tique Fitness has no responsibility for how people you allow to view your Content (or the public if you make any information available to the public) use that material, or to whom they may forward it. Moreover, if you “embed” a Barre-Tique Fitness  Widget on another web page or share Content through a Barre-Tique Fitness  App, it will be visible to the public in accordance with the policies of that web page, regardless of whether you have restricted access to that Content on Barre-Tique Fitness .

When you install a Barre-Tique Fitness App on your social network page or use a Barre-Tique Fitness App on someone else’s page, we may record information regarding the use of that Barre-Tique Fitness App, and we may collect other information that is visible on your social network page in accordance with the relevant terms of use associated with that page. When you invite new members into your network or send messages through the Barre-Tique Fitness Service, we collect and maintain on secure servers the information associated with those messages, including email addresses and content.

Finally, in order to provide the best possible service and to allow us to make certain internal reports and make recommendations, we collect aggregate information about the use of the Service, including information about users accessing the Website or viewing Barre-Tique Fitness  Widgets or using Barre-Tique Fitness Apps on other sites, such as internet protocol addresses, browser type, browser language, referring / exit pages and URLs, other browser history, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, and the date and time (“Activity Information”).

By using the Service, you consent to our retaining all the above-described information in anonymous form indefinitely.

Barre-Tique Fitness’s Terms and Conditions of Use are expressly incorporated into this Policy by this reference.

 

INFORMATION WE COLLECT AND HOW WE USE IT

Information You Provide When you sign up for a Barre-Tique Fitness account we ask you for personal information (such as your name, e-mail address and an account password and may require your date of birth, gender and zip code). After your 14-day free trial period, we also request credit card or other payment account information which we maintain in encrypted form on secure servers. We may combine the information you submit under your account with information from other Barre-Tique Fitness services or third parties in order to provide you with a better experience and to improve the quality of our services. For certain services, we may give you the opportunity to opt out of combining such information.
We make your profile available to other users according to the privacy settings you set for yourself as part of your profile. Your username will be identified to us and to any recipient of messages you send through the Service.
We also use your name, e-mail address and other information on our system to notify you of new product releases, service notifications, and to solicit your feedback and input. In the event that we decide to allow you to submit other information about yourself, the availability of that information to other users will also be controlled by privacy settings you will set for yourself. In the event that you make your Barre-Tique Fitness  Widgets publicly available, or “embed” them on another publicly available web site (such as a social networking site), we may include links to those shows or web sites or otherwise identify them in our marketing materials as places where Barre-Tique Fitness Widgets that may interest other users can be found.

  • Barre-Tique Fitness Cookies When you visit Barre-Tique Fitness, we send one or more cookies – a small file containing a string of characters – to your computer that uniquely identifies your browser. We use cookies to improve the quality of our Service by storing user preferences and tracking user trends. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some Barre-Tique Fitness features and services may not function properly if your cookies are disabled.
  • IP Address an IP address is a number that’s automatically assigned to your computer whenever you’re surfing the Web. We may retain your IP address in order to help us diagnose problems with our servers, to administer our Website, to help identify you, to gather broad anonymous demographic information (such as the number of visitors from a geographic area), to enforce compliance with the Website terms and conditions or otherwise in order to protect our services, sites, customers, or others.
  • Log Information When you use the Service, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.
  • User Communications When you send email or other communication to Barre-Tique Fitness, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.
  • Affiliated Sites We offer some of our services in connection with other websites. Personal information that you provide to those websites may be sent to Barre-Tique Fitness in order to deliver the service. We process such information in accordance with this Policy. The affiliated websites may have different privacy practices and we encourage you to read their privacy policies.
  • Links Barre-Tique Fitness may present links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of our Website.
  • Other Websites This Policy applies to websites and services that are owned and operated by Barre-Tique Fitness. We do not exercise control over the websites displayed as search results or links from within our various services. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you.
Barre-Tique Fitness only processes personal information for the purposes described in the applicable Policy and/or privacy notice for specific services. In addition to the above, such purposes include:
  • Providing our products and services to users, including the display of customized content and advertising
  • Auditing, research and analysis in order to maintain, protect and improve our services
  • Ensuring the technical functioning of our network
  • Developing new services

 

Barre-Tique Fitness processes personal information on our servers in the United States of America and in other countries. In some cases, we process personal information on a server outside your own country. We may process personal information to provide our own services. In some cases, we may process personal information on behalf of and according to the instructions of a third party, such as our advertising partners.

 

CHOICES FOR PERSONAL INFORMATION

When you sign up for the Service, we ask you to provide personal information. If we use this information in a manner different than the purpose for which it was collected, then we will ask for your consent prior to such use.

If we propose to use personal information for any purposes other than those described in this Policy and/or in the specific service notices, we will offer you an effective way to opt out of the use of personal information for those other purposes. We will not collect or use sensitive information for purposes other than those described in this Policy and/or in the specific service notices, unless we have obtained your prior consent.

You can decline to submit personal information to any of our services, in which case Barre-Tique Fitness may not be able to provide those services to you.

 

INFORMATION SHARING

Barre-Tique Fitness only shares personal information with other companies or individuals outside of Barre-Tique Fitness in the following limited circumstances:

  • We have your consent. We require opt-in consent for the sharing of any sensitive personal information.
  • We provide such information to our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information on our behalf. We require that these parties agree to process such information based on our instructions and in compliance with this Policy and any other appropriate confidentiality and security measures.
  • We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of Barre-Tique Fitness , its users or the public as required or permitted by law.
  • If Barre-Tique Fitness becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, we will provide notice before personal information is transferred and becomes subject to a different privacy policy.
  • We may share with third parties’ certain pieces of aggregated, non-personal information, such information does not identify you individually.
  • We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.
We restrict access to personal information to Barre-Tique Fitness employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

DATA INTEGRITY

Barre-Tique Fitness processes personal information only for the purposes for which it was collected and in accordance with this Policy or any applicable service-specific privacy notice. We review our data collection, storage and processing practices to ensure that we only collect, store and process the personal information needed to provide or improve our services. We take reasonable steps to ensure that the personal information we process is accurate, complete, and current, but we depend on our users to update or correct their personal information whenever necessary.

 

ACCESSING AND UPDATING PERSONAL INFORMATION

When you use Barre-Tique Fitness services, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.

 

ENFORCEMENT

Barre-Tique Fitness regularly reviews its compliance with this Policy. Please feel free to

contact us with any questions or concerns regarding this Policy or Barre-Tique Fitness ’s treatment of personal information.

When we receive formal written complaints at this address, it is Barre-Tique Fitness ’s policy to contact the complaining user regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between Barre-Tique Fitness and an individual.

 

 

CHILDREN UNDER 13

Barre-Tique Fitness content is not directed at children under 13 years of age, and if you provide information about yourself as a user of Barre-Tique Fitness, you are representing that you are 13 years of age or older. If you are younger than 13 years of age and would like to become a registered member of or provide information about yourself to the Website, you are required to have your parent or legal guardian

contact us prior to use.

We do not knowingly collect personally identifiable information from anyone under 13 years of age, but if we do become aware of having collected personally identifiable information from a user who is younger than 13 years of age without prior, verifiable consent from a parent or legal guardian, we will remove such information from our files.

CHILDREN BETWEEN THE AGES OF 13 AND 17

We recommend that minors over the age of 13 ask their parents for permission before sending any information about themselves to anyone over the Internet.

 

CHANGES TO THIS POLICY

Please note that this Policy may change from time to time. We will not reduce your rights under this Policy without your explicit consent, and we expect most such changes will be minor. Regardless, we will post any Policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of Policy changes). Each version of this Policy will be identified at the top of the page by its effective date, and we will also keep prior versions of this Privacy Policy in an archive for your review.

 

THIRD-PARTY LINKS, CO-BRAND RELATIONSHIPS, & PUBLIC FORUMS

In an attempt to provide increased value to our visitors, Barre-Tique Fitness may choose various third-party web sites to link to, link from, and frame within, the Website. Barre-Tique Fitness also may participate in co-branding and other relationships to offer e-commerce and other services and features to its users. However, even if the third party is affiliated with Barre-Tique Fitness, we have no control over these linked sites, each of who have separate privacy and data collection practices independent of Barre-Tique Fitness. We have no responsibility or liability for these independent policies or actions and are not responsible for the privacy practices or the content of any such web sites. Please make sure you are comfortable with the privacy practices of every site you visit before providing the site with your personal information. These linked sites are only for your convenience and you therefore access them at your own risk.
We also may make chat rooms, forums and message boards available to you on the Website. Please remember that we cannot control the information that is shared by members and that anything you voluntarily provide in any public area of the Internet will be publicly available to other visitors on that web site and potentially to other third parties. Thus, please note that you should always exercise caution when deciding to publicly disclose any of your personal information in these and similar areas.

 

INFORMATION SECURITY

We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.
We restrict access to personal information to Barre-Tique Fitness employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

 

DATA INTEGRITY

Barre-Tique Fitness processes personal information only for the purposes for which it was collected and in accordance with this Policy or any applicable service-specific privacy notice. We review our data collection, storage and processing practices to ensure that we only collect, store and process the personal information needed to provide or improve our services. We take reasonable steps to ensure that the personal information we process is accurate, complete, and current, but we depend on our users to update or correct their personal information whenever necessary.

 

ACCESSING AND UPDATING PERSONAL INFORMATION

When you use Barre-Tique Fitness services, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.

 

ENFORCEMENT

Barre-Tique Fitness regularly reviews its compliance with this Policy. Please feel free to

contact us with any questions or concerns regarding this Policy or Barre-Tique Fitness ’s treatment of personal information.

When we receive formal written complaints at this address, it is Barre-Tique Fitness ’s policy to contact the complaining user regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between Barre-Tique Fitness and an individual.

 

CHILDREN UNDER 13

Barre-Tique Fitness content is not directed at children under 13 years of age, and if you provide information about yourself as a user of Barre-Tique Fitness, you are representing that you are 13 years of age or older. If you are younger than 13 years of age and would like to become a registered member of or provide information about yourself to the Website, you are required to have your parent or legal guardian contact us prior to use. We do not knowingly collect personally identifiable information from anyone under 13 years of age, but if we do become aware of having collected personally identifiable information from a user who is younger than 13 years of age without prior, verifiable consent from a parent or legal guardian, we will remove such information from our files.

 

CHILDREN BETWEEN THE AGES OF 13 AND 17

We recommend that minors over the age of 13 ask their parents for permission before sending any information about themselves to anyone over the Internet.

 

CHANGES TO THIS POLICY

Please note that this Policy may change from time to time. We will not reduce your rights under this Policy without your explicit consent, and we expect most such changes will be minor. Regardless, we will post any Policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of Policy changes). Each version of this Policy will be identified at the top of the page by its effective date, and we will also keep prior versions of this Privacy Policy in an archive for your review.

 

THIRD-PARTY LINKS, CO-BRAND RELATIONSHIPS, & PUBLIC FORUMS

In an attempt to provide increased value to our visitors, Barre-Tique Fitness may choose various third-party web sites to link to, link from, and frame within, the Website. Barre-Tique Fitness also may participate in co-branding and other relationships to offer e-commerce and other services and features to its users. However, even if the third party is affiliated with Barre-Tique Fitness, we have no control over these linked sites, each of who have separate privacy and data collection practices independent of Barre-Tique Fitness. We have no responsibility or liability for these independent policies or actions and are not responsible for the privacy practices or the content of any such web sites. Please make sure you are comfortable with the privacy practices of every site you visit before providing the site with your personal information. These linked sites are only for your convenience and you therefore access them at your own risk.
We also may make chat rooms, forums and message boards available to you on the Website. Please remember that we cannot control the information that is shared by members and that anything you voluntarily provide in any public area of the Internet will be publicly available to other visitors on that web site and potentially to other third parties. Thus, please note that you should always exercise caution when deciding to publicly disclose any of your personal information in these and similar areas.

 

YOUR CONSENT

By using our Website, you consent to the collection and use of information by Barre-Tique Fitness as set forth in this Policy. If we decide to change our Policy, we will post those changes on this page so that you will always be aware of what information we collect, how we use it, and under what limited circumstances we disclose it. Continued access or use of the Website shall constitute your express acceptance of any modifications to this Policy.