Terms and Conditions
TERMS AND CONDITIONS
THE LEGAL AGREEMENT SET OUT BELOW GOVERNS THE TERMS AND CONDITIONS AND ALL OTHER ASPECTS OF YOUR, THE USER’S (“YOU/YOUR”) USE, REVIEW, VIEWING, ACCESS TO, ENGAGEMENT WITH, OR PURCHASE OF, THIS SMARTCOREMETHOD.COM WEBSITE (“WEBSITE”), AND/OR THE SMARTCore® METHOD, SMARTCore®, OR ANY EXERCISES, SERIES OF EXERCISES, METHOD OF EXERCISES, INSTRUCTIONS, MATERIALS, CONTENT, OR INFORMATION RELATED THERETO INCLUDED HEREIN (ALL OF THE AFOREMENTIONED COLLECTIVELY, “CONTENT”), ANY SERVICES PROVIDED HEREIN (“SERVICES”), AND ANY DOWNLOADABLE, INSTANT, OR OTHER VIDEOS, DVDS, PODCASTS, OR OTHER SUCH PRODUCTS OR OTHER TANGIBLE MEDIUMS OF EXPRESSION INCLUDED HEREIN (ALL OF THE AFOREMENTIONED COLLECTIVELY, “PRODUCTS”)(THIS WEBSITE, AND ALL CONTENT, SERVICES, AND PRODUCTS HEREIN, HEREAFTER COLLECTIVELY “THE SMARTCore® METHOD COLLECTIVE MATERIALS”).
YOU MUST AGREE TO ALL OF THE FOLLOWING TERMS AND CONDITIONS AS STATED HEREIN PRIOR TO USING THE SMARTCore® METHOD COLLECTIVE MATERIALS. IF YOU DO AGREE TO THESE TERMS AND CONDITIONS, CLICK “AGREE” BELOW. IF YOU DO NOT AGREE, DO NOT CLICK “AGREE” BELOW AND DO NOT USE THE SMARTcore ™ METHOD
Warning: IMPORTANT: ALWAYS CONSULT YOUR PHYSICIAN/ HEALTHCARE
PROFESSIONAL BEFORE BEGINNING AND/OR CONTINUING ANY FORM OF EXERCISE, INCLUDING THE SMARTCore® METHOD COLLECTIVE MATERIALS.
Warning: IMPORTANT: THE SMARTCoreTM METHOD COLLECTIVE MATERIALS ARE PROVIDED FOR EDUCATIONAL PURPOSES ONLY, AND ARE NOT, INDIVIDUALLY OR COLLECTIVELY, MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, OR A SUBSTITUTE THEREFORE, AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY SUCH PURPOSE.
THE SMARTCore® METHOD. Throughout THE SMARTCore® METHOD COLLECTIVE MATERIALS, reference will be made to the terms “SMARTCore®” and “The SMARTCore® Method”. SMARTCore® is a fitness method designed to activate the user’s deep core, increase overall coordination, and increase balance and proprioceptive skills, while enhancing overall movement efficiency. The SMARTCore® Method is a specific method of holistic fitness, exercise, movement, stretching, balance, and wellness. Both are created by founder Kaylee Cahoon. All references to the SMARTCore® Method shall be deemed to include, collectively, The SMARTCore® Method and SMARTCore®.
USE OF WHEELED APPARATUS. In order to use theSMARTCore® Method, You will need to have access to a COREGLIDE® wheeled apparatus.
Warning: Do not attempt the SMARTCore® Method with any apparatus other than the COREGLIDE®
MINIMUM CRITERIA: USE OF THE SMARTCore® METHOD. The SMARTCore® Method is intended for individuals who meet the following minimum criteria:
• After consulting with their physician/ healthcare professional, are deemed healthy and eligible to engage in exercise, and exercise with a wheeled apparatus, and
• Are of at least an average level of physical fitness for their height/weight, and
• Have a good range of motion, and
• Are able to step on and off of, balance on, control, and perform exercises on, a wheeled
Warning: Not all exercises, including the SMARTCore® Method, are suitable for everyone. DO NOT USE the SMARTCore® Method if You are subject to any physical or mental condition which could negatively impact your ability to exercise, or to step on and off of, balance on, control, and perform exercises on, a wheeled apparatus, including but not limited to, if You are:
• Subject to any physical condition which could impact mobility, stability, or movement, including but not limited to, as to vision, balance, legs, knees, joints, feet, or heels, being subject to plantar fasciitis or other inflammation or condition of the feet or heels, or being substantially overweight
• Subject to vertigo, fainting, dizziness, or light-headedness
• At higher than average risk of injury or death from falling
• Under direction from a physician/ healthcare professional not to engage in exercise and/or not to engage in exercise on a wheeled apparatus
• Subject to high blood pressure or a heart or other condition
• Diagnosed with a knee condition where bearing weight on the knees is contraindicated, or if full knee flexion is contraindicated or causes knee discomfort or pain
• Subject to any other medical, health, mental, or other issues that would negatively impact the ability to step on and off of, balance on, control, and perform exercises on, a wheeled apparatus,
The above is a non-exhaustive list of examples. Consult your physician/healthcare professional before beginning any form of exercise, including the SMARTCore® Method.
By Clicking AGREE below and using any of THE SMARTCore® METHOD COLLECTIVE MATERIALS, You are representing that You meet the above minimum criteria.
ORIENTATION: PRIOR TO YOUR FIRST SESSION OF THE SMARTCore® METHOD. Before You begin your first session of the SMARTCore® Method, take the time to become oriented with both the SMARTCore® Method and your wheeled apparatus:
• Watch the SMARTCore® video in its entirety without actually doing any exercises. See how the SMARTCore® Method works. Learn the postures for each exercise. Do not use the SMARTCore® Method without a complete understanding of and comfort-level with its intended purpose and function. Make sure the SMARTCore® Method is right for You.
• Read and follow all of the instructions and information, in full, that are included with your COREGLIDE® wheeled apparatus (“COREGLIDE® Instructions”), including all sections pertaining to resistance bands (“bands”), chains, padded platform cover, and all other terms and conditions of use. Do not use the COREGLIDE® wheeled apparatus without a complete understanding of and comfort-level with such instructions and information, and its intended purpose and function.
EQUIMENT SET-UP: PRIOR TO YOUR FIRST (OR ANY) SESSION OF THE SMARTCore® METHOD. In addition to the ORIENTATION above, before You begin your first, or any, session of the SMARTCore® Method, always check your COREGLIDE® wheeled apparatus for the following:
• (2) BANDS. Always use exactly two (2) bands connected to both axels on your COREGLIDE® wheeled apparatus. See COREGLIDE® Instructions for details. See specifically the “short travel position” in the COREGLIDE® Instructions.
• PADDED PLATFORM COVER. Always properly and securely attach the COREGLIDE® wheeled apparatus padded platform cover. See COREGLIDE® Instructions for details on how to properly attach the padded platform cover.
• CHAIN. Always check chain tension on your COREGLIDE® wheeled apparatus before every use. See COREGLIDE® Instructions for details.
• CLEAN. Always keep COREGLIDE® wheels and platform clean and dry at all times. See COREGLIDE® Instructions for details.
Warning: Before attempting the SMARTCore® Method, always check the following as to the bands on your COREGLIDE® wheeled apparatus. See COREGLIDE® Instructions for details:
• DO NOT AT ANY TIME USE LESS THAN TWO (2) BANDS, OR MORE THAN TWO (2) BANDS, ON YOUR COREGLIDE® WHEELED APPARATUS, WHEN ENGAGING IN THE SMARTCoreTM
• Prior to each use, check the condition of all bands on your COREGLIDE® wheeled apparatus for
• Never use your COREGLIDE® wheeled apparatus with worn, over-stretched, frayed, or damaged
• Replace any damaged bands with new bands immediately.
• Bands on your COREGLIDE® wheeled apparatus may break without warning.
Warning: Before attempting the SMARTCoreTM Method, always check the following as to the chain on your COREGLIDE® wheeled apparatus. See COREGLIDE® Instructions for details:
• DO NOT OVER-TIGHTEN CHAIN!
GETTING STARTED: PREPARING FOR YOUR FIRST SESSION. When You are ready to begin your first session of the SMARTCore® Method:
• Wear light-weight athletic, tennis, or barefoot-style shoes, with skid-resistant tread on the sole to
• You may, but are not required to, wear a helmet or other protective head, elbow, or other protective gear, at your discretion.
• Put up all loose, long hair in a ponytail or otherwise.
• Tie up all loose clothing so it will not drag over the sides of the wheeled apparatus.
Warning: At all times while engaging in the SMARTCore® Method, keep all loose clothing, body parts, feet, hands, hair, and foreign objects away from the wheeled apparatus mechanisms.
• Select a location with a surface that is flat, non-skid, smooth (free of cracks or crevices), level, dry, clean, and non-slippery, in a safe room free of obstacles and obstruction where You have space to move back-and-forth.
Warning: Never use your wheeled apparatus on wet, dirty, or slippery surfaces or on uneven or cracked
• FIRST USE OF WHEELED APPARATUS. Before You first step on to your COREGLIDE®
• If necessary, have someone else spot You.
• Slowly step onto the COREGLIDE® wheeled apparatus, and stand
• If You are comfortable standing on the COREGLIDE® wheeled apparatus, next shift your weight
from one leg to the other to explore moving the COREGLIDE® wheeled apparatus.
Only move the COREGLIDE® wheeled apparatus in a range of motion (ROM) that is comfortable for You, and which does not impair your ability to balance.
If you are comfortable with the steps above, then begin the SMARTCore® Method.
Warning: If You are not comfortable stepping on and off of, using, balancing on, controlling, and performing exercises on, a wheeled apparatus, STOP IMMEDIATELY. DO NOT CONTINUE. Consult your physician/ healthcare professional, if appropriate.
Warning: While engaging in the SMARTCore® Method, You should NOT feel faint, dizzy, light-headed, out-of-control, or in danger of falling off of your wheeled apparatus. If You do, STOP IMMEDIATELY. DO NOT CONTINUE. Consult your physician, if appropriate.
Warning: During your sessions, do not knock wheeled apparatus into body parts such as legs, ankles, or hands.
Warning: Exercise of any kind has risks. Exercise using a wheeled apparatus has risks and can result in personal injury or even death.
ON-GOING SESSIONS OF THE SMARTCore™ METHOD. As You engage in regular, on-going sessions of the SMARTCore® Method:
Repeat and Follow all ORIENTATION, EQUIPMENT SET-UP, and GETTING STARTED steps as outlined above each time You begin a session of the SMARTCore® Method.
Warning: Be aware of any pain in the joints. No SMARTCore® Method exercise should cause joint pain. If You feel pain in the joints (including spine, neck, shoulders, hips, knees, ankles): DO NOT CONTINUE. STOP IMMEDIATELY. Consult your physician/ healthcare professional, if appropriate.
Remember: The SMARTCore® Method is designed to activate and strengthen your body’s deep core.
Only perform exercises in a range of motion (ROM) that is comfortable for You.
Use the least amount of effort necessary for each exercise to build a smarter and more efficient core.
Making the movements too large or moving the wheeled apparatus too far is not effective and can lead to injury.
FOR BEST RESULTS. For best results when using the SMARTCore® Method, do the following:
Remember that correct Posture and Form (including the position of the head and neck) are vitally important to achieving positive results from the SMARTCore® Method.
Always have your head and neck in correct alignment.
Always position the viewing device on which You are watching your SMARTCore® Method video so to avoid straining your neck while engaging in exercise.
Warning: Exercise of any kind has risks. Exercise using a wheeled apparatus has risks and can result in personal injury or even death.
USES. THE SMARTCore® METHOD COLLECTIVE MATERIALS are intended for your personal, non-commercial use only. Your use of, review of, viewing of, access to, engagement with, or purchase of, any of THE SMARTCore® METHOD COLLECTIVE MATERIALS in no event entitles You to use any or all of the THE SMARTCore™ METHOD COLLECTIVE MATERIALS for any commercial purpose, or in a public, group, or class setting, or under any conditions where compensation is accepted in exchange for access, use, or viewing thereof. Further, your unauthorized use, copying, duplication, reproduction, display, or publication of any THE SMARTCore® METHOD COLLECTIVE MATERIALS shall subject You to legal claims including infringement of all forms of intellectual property protected hereunder, subjecting any violating party to the maximum damages allowed under the law.
ELECTRONIC CONTRACTING. Your use of THE SMARTCore® METHOD COLLECTIVE MATERIALS includes the ability to initiate and make payments and/or transactions electronically through this Website or otherwise as authorized hereunder (“Your Initiated Transactions”). YOU ACKNOWLEDGE THAT YOUR INITIATED TRANSACTIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH TRANSACTIONS and your authorization to Pilates of Cool Springs, Inc. (or a third party authorized thereby) to charge your payment method as provided by You (including for the retail price of any of THE SMARTCore® METHOD COLLECTIVE MATERIALS or other materials ordered by You, and any sales or other taxes, and shipping, as applicable) that may apply to your order. All sales are final. Prices for any THE SMARTCore® METHOD COLLECTIVE MATERIALS offered may change at any time, and do not provide price protection in the event of a subsequent price reduction or promotion. If any of THE SMARTCore® METHOD COLLECTIVE MATERIALS or other materials ordered by You become unavailable following a transaction but prior to download, your sole remedy is a refund in full therefore.
PRIVACY. You may be asked to provide certain contact or information, including without limitation, your full name, address, email address, telephone number, and credit card or other payment information in conjunction with Your Initiated Transactions or other use of this Website, or THE SMARTCore® METHOD COLLECTIVE MATERIALS. All such information shall be considered strictly confidential and used solely for the purpose for which it is requested, and shall not be sold or transferred to any third party, other than to authorized, secured parties acting on behalf of Pilates of Cool Springs, Inc. to complete transactions initiated and executed herein.
OWNERSHIP. Pilates of Cool Springs, Inc., a corporation duly organized under the laws of the state of Tennessee, is the sole and exclusive owner of: (i) THE SMARTCore® METHOD COLLECTIVE MATERIALS; (ii) The SMARTCore® Method; (iii) SMARTCore®; (iv) All exercises, series of exercises, methods of exercise, instructions, materials, content, or information included herein on this Website or in any Content, Services, or Products herein; (v) All downloadable, instant, or other videos, DVDs, podcasts, and other such tangible mediums of expression included on this Website or in any Content, Services, or Products herein; and, (vi) All intellectual property in and to any of the aforesaid in (i),(ii),(iii),(iv), (v) or otherwise included on this Website, or in any Content, Services, or Products, including in and to all registered or unregistered U.S. federal, state, and common law copyrights, exclusive rights, patents, trademarks, trade secrets, trade dress, SMARTCore® and the SMARTCore® Method trademarks and brand, and all other proprietary rights, title, or interests. All express or implied written or verbal references on this Website or in any Content, Services, or Products to the owner of THE SMARTCore® METHOD COLLECTIVE MATERIALS, the “SMARTCore® Method”, “SMARTCore”, or “SMARTCore®” shall refer solely and exclusively to Pilates of Cool Springs, Inc. Pilates of Cool Springs, Inc. reserves the right to assign all or part of its ownership interest in (i), (ii), (iii), (iv), (v), or (vi) above to a parent, subsidiary, or other successor or assign, and all terms herein now applicable to Pilates of Cool Springs, Inc. shall thereafter apply to said additional or new entity or party.
DISCLAIMERS. PILATES OF COOL SPRINGS, INC. PROVIDES ALL OF THE SMARTCore® METHOD COLLECTIVE MATERIALS, THIS WEBSITE, ALL CONTENT, ALL SERVICES, AND ALL PRODUCTS, EXPRESSLY INCLUDING THE SMARTCore® METHOD, “AS IS”, “AS AVAILABLE”, AND WITH AN EXPRESS DISCLAIMER AS TO ANY WARRANTIES OF ANY KIND THEREIN OR THERETO, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, INCLUDING AS TO ANY PROMISES OR GUARANTY OF ANY HEALTH, FITNESS, WELLNESS, WEIGHT-LOSS, EXERCISE, MOBILITY, BALANCE, OR OTHER RESULTS. FURTHER, NO EXPRESS OR IMPLIED WARRANTY OR GUARANTY GIVEN BY ANY THIRD PARTY PERSON, FIRM OR CORPORATION SHALL BE BINDING ON PILATES OF COOL SPRINGS, INC. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to You. To the extent that Pilates of Cool Springs, Inc. may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
LIMITATION OF LIABILITY. YOU ASSUME ALL RISK AND LIABILITY FOR, AND PILATES OF COOL SPRINGS, INC. SHALL NOT ASSUME ANY RISK OR BE LIABLE FOR, ANY ALLEGED CLAIM, LOSS, CAUSE OF ACTION, INJURY, PROPERTY DAMAGE, BODILY INJURY, OR DEATH, OR OTHER LIABILITY, ARISING FROM OR RELATED TO, DIRECTLY OR INDIRECTLY, THE USE, REVIEW, VIEWING, ACCESS TO, ENGAGEMENT WITH, OR PURCHASE OF, THE SMARTCore® METHOD COLLECTIVE MATERIALS OR FOR ANY COMPENSATORY, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EXPENSES, FEES, FINES, OR COSTS ALLEGEDLY ARISING THEREFROM, TO YOURSELF, YOUR PROPERTY, TO ANY THIRD PARTIES, AND TO ANY THIRD PARTIES’ PROPERTY.
INDEMNIFICATION. YOU DO HEREBY AGREE TO INDEMNIFY, PROTECT, AND DEFEND PILATES OF COOL SPRINGS, INC. (INCLUDING ITS PARENTS, SUBSIDIARIES, OR OTHER SUCCESSORS OR ASSIGNS, AND ALL SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, OR CONSULTANTS RELATED THERETO), FROM AND AGAINST ALL DAMAGES, EXPENSES, FEES, FINES, AND COSTS (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES) ARISING FROM OR RELATED TO ANY ALLEGED CLAIM, LOSS, CAUSE OF ACTION, INJURY, PROPERTY DAMAGE, BODILY INJURY, OR DEATH, OR OTHER LIABILITY, ALLEGEDLY ARISING FROM OR RELATED TO, DIRECTLY OR INDIRECTLY, THE USE, REVIEW, VIEWING, ACCESS TO, ENGAGEMENT WITH, OR PURCHASE OF, THE SMARTCore® METHOD COLLECTIVE MATERIALS.
COREGLIDE®. The COREGLIDE® wheeled apparatus product, and all terms and conditions of its design, manufacture, production, sale, distribution, fulfillment of orders, product testing, product instructions, product manual, all express, implied, statutory or other warranties, or disclaimers as to any such warranties, all liability, and any limitations therefore, are entirely and separately owned and controlled by and subject to terms and conditions set forth by a party separate from Pilates of Cool Springs, Inc., currently doing business as Brister Innovations, Inc. and/or its successors and assigns. Pilates of Cool Springs, Inc. has no ownership in or control of the COREGLIDE® wheeled apparatus product or any of the aforesaid terms and conditions related thereto. As of the date hereof, Pilates of Cool Springs, Inc. does recommend use of the COREGLIDE® wheeled apparatus in conjunction with THE SMARTCore® METHOD COLLECTIVE MATERIALS and the SMARTCore® Method.
E-CONTRACT. Your use of this Website includes the ability to enter into this Agreement and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC AGREEMENT HERETO CONSTITUTES YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR ALL INITIATED TRANSACTIONS.
WEBSITE CHANGES. Pilates of Cool Springs, Inc. reserves the right at any time to modify this Website, THE SMARTCore® METHOD COLLECTIVE MATERIALS, and this Agreement, and to impose new or additional terms or conditions. Such modifications and additional terms and conditions will be effective immediately and incorporated by reference into this Agreement. Your continued use of this Website or THE SMARTCore® METHOD COLLECTIVE MATERIALS thereafter will be deemed acceptance thereof.
MISCELLANEOUS. This Agreement and these Terms and Conditions are the entire agreement as to the THE SMARTCore® METHOD COLLECTIVE MATERIALS, and all other, prior agreements have been merged herein. This Agreement and all Terms and Conditions of use of SMARTCore® or the SMARTCore® Method shall be interpreted under, and subject to, and resolved under, the laws of, jurisdiction, and venue, of the State of Tennessee.
By continuing and using any of THE SMARTCore® METHOD COLLECTIVE MATERIALS, YOU ARE ASSUMING THE RISK as stated herein.