Under Ontario's Consumer Protection Act, 2002, Ontario users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Service, please either send an email to info@valeopilates.com or write to us at Valeō Pilates and Wellness Studio Inc., 1007-1020 Brock Road, Pickering, ON, L1W 3M1.
2. Disclaimers and Limitations of Liability.
Valeō Pilates and Wellness Studio Inc. publishes information on its Site as a convenience to its visitors. While Valeō Pilates and Wellness Studio Inc. attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The products described on the Site may not be available in your region. Valeō Pilates and Wellness Studio Inc. does not claim that the information on the Site is appropriate to your jurisdiction or that the products described on its Site will be available for purchase in all jurisdictions.
YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE PRODUCTS AND SITE, WHICH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Valeō Pilates and Wellness Studio Inc. DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE,...
3. Governing Law and Disputes.
THE PARTIES AGREE THAT THESE TERMS, ANY SALES THEREUNDER, AND/OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE) BETWEEN YOU AND VALEŌ PILATES AND WELLNESS STUDIO INC. arising from or relating to THESE Terms, its interpretation or the breach, termination or validity thereof, the relationships that result from THESE Terms, VALEŌ PILATES AND WELLNESS STUDIO INC.'s advertising, or any related purchase SHALL BE GOVERNED BY THE LAWS OF THE PROVINCE OF ONTARIO WITHOUT REGARD TO CONFLICTS OF LAW.
Dispute Resolution and Binding Arbitration. YOU AND VALEŌ PILATES AND WELLNESS STUDIO INC. ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND VALEŌ PILATES AND WELLNESS STUDIO INC., its members, managers, agents, employees, successors, assigns, direct and indirect subsidiaries,...
This transaction shall be governed by the Arbitration Act, 1991, S.O. 1991, c. 17. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction in Ontario. Payment for all filing, administration and arbitrator fees will be governed by the rules of the applicable arbitration administrator.
4. General
These Terms constitute the entire agreement between you and Valeō Pilates and Wellness Studio Inc. and govern your use of the Site, and they supersede any prior agreements between you and Valeō Pilates and Wellness Studio Inc., provided, however, that these Terms shall be read in conjunction with the "Privacy Policy" as applicable. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. You agree that this Site shall be deemed based in Pickering, Ontario, Canada, which does not give rise to personal jurisdiction over Valeō Pilates and Wellness Studio Inc. in jurisdictions other than Ontario.
5. Account Creation
5.1 Eligibility
You may use the Site only if you can form a binding contract with Valeō, and only in compliance with these Terms and all applicable local, provincial, national, and international laws, rules, and regulations. In order to purchase from the Site, you must complete the registration process to obtain a user account. You will be required to provide your name and e-mail address. You must provide complete and accurate information about yourself during the registration process and you have an ongoing obligation to update this information if and when it changes. We will handle your information consistent with our Privacy Policy, which is incorporated into these Terms by reference. When you create an account, you will be required to create a user ID and password. You agree that you will never share your user ID and password with anyone else for any reason. You agree that only you will use your account. You agree to contact Valeō immediately in the event you become aware of unauthorized access to your account. You agree that you are solely responsible for all activity that takes place in connection with your account and you agree to indemnify and hold harmless Valeō from any damages that arise out of or in relation to use of your account. You agree that you will not create more than one account. By registering and obtaining an account, you affirm that you will follow the Terms and your registration constitutes your consent to enter into agreements with us electronically. Paying for the connectivity and data plans of your computer devices is your responsibility. Valeō has no responsibility for the availability of the Internet and other telecommunication services necessary to access the Site.
6. Terms of Sale
6.2 Orders, Pricing, and Payments
Valeō strives to communicate accurate pricing and product information but will not be held responsible for any pricing, typographical, or other errors. The displayed colors of the Products depend upon the monitor of the user, and Valeō cannot guarantee that the user’s monitor will accurately portray the actual colors of the Products. Products displayed may be out of stock or discontinued, and prices are subject to change. Your order is subject to cancellation by Valeō, in Valeō’s sole discretion. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Unless otherwise agreed to by Valeō, payment must be received by Valeō prior to Valeō’s acceptance of an order. Valeō may process payment for and ship parts of an order separately. Purchases may not be resold or exported. Your purchase is for your own use, not for resale or export. Your purchase may not be sold, leased, or transferred to restricted countries, restricted end users, or for restricted end uses according to Canadian export and sanctions laws.
6.3 Shipping
You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Please refer to our FAQ page for more information regarding shipping.
6.4 Taxes
We will collect applicable sales tax on Products shipped to the provinces for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates. Unless you provide Valeō with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location, you are responsible for sales and other taxes associated with the order.
6.5 Returns & Exchanges
Please refer to our FAQ page for more information regarding returns and exchanges.
6.6 Product Disclaimer
All Products should be used strictly in accordance with their instructions, precautions, and guidelines. You should always check the ingredients for Products to avoid potential allergic reactions. Use of the Site is not meant to serve as a substitute for professional medical advice: the Site is solely an online store for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any Products or information received from the Site before using or relying on them. Your physician or health care practitioner should address all medical questions, concerns, and decisions regarding the possible treatment of any medical condition. Valeō does not give or intend to give any answers to medical-related questions. Valeō does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Website. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY. The Products available on the Site, including any samples Valeō may provide to you, are for your personal use only. You may not sell or resell any Products you purchase or otherwise receive from Valeō. Valeō reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or Products to be provided to you that may result in a violation of this Agreement, as determined by Valeō in its sole discretion. Except where prohibited by law, Valeō may limit the number of Products available for purchase.
6.7 International Sales
We've partnered with Passport Shipping and they will be the Seller for all orders to the UK £135 and under. By placing an order for the Products from the United Kingdom, you agree to the following Passport Shipping additional terms and conditions.
6.8 Security Rules
Violations of system or network security may result in civil or criminal liability. Valeō investigates violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following: (i) accessing data not intended for you or logging on to a Valeō server or account that you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt); (iii) attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site and our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “email bombing” or “crashing” the Site; and (iv) forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to our Site.
7. Prohibited Uses; Access
The Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Site, purchasing products, providing information to the Site and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting and uploading of information, and are responsible for the consequences of such communications to the Site. Valeō specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:
(i) posting any information that is incomplete, false, inaccurate or not your own;
(ii) engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any municipal, provincial, national or international law or regulation, or that would fail to comply with accepted Internet protocol;
(iii) communicating, transmitting or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the irrevocable permission of the owner to post it;
(iv) communicating, transmitting or posting material that (a) reveals trade secrets, unless you own them or have the irrevocable permission of the owner, (b) infringes on any other intellectual property, privacy or publicity right of another, or (c) is in violation of applicable laws or regulations;
(v) communicating, transmitting or transferring (by any means) information or software derived from the Site to foreign countries or certain foreign nations in violation of any applicable export control laws; or
(vi) attempting to interfere in any way with the Site's or Valeō's networks or network security, or attempting to use the Site's service to gain unauthorized access to any other computer system.
No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Site. The Site, including all of its information and content, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, software and the HTML used to generate the pages (collectively, "Materials and Content"), is Valeō's property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under Canadian and/or foreign laws.
Except as otherwise provided on the Site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit or distribute any Materials and Content from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of Valeō.
We grant you a personal, limited, nonexclusive, nontransferable license to access the Site and to use the information and services contained therein solely for your personal, noncommercial use as described below. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so.
We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
8. Proprietary Rights
As between you and Valeō, Valeō is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials and Content on the Site, unless otherwise indicated. The Valeō logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, the "Intellectual Property") are owned by Valeō and may be registered in Canada and internationally. You agree not to display or use the Intellectual Property in any manner without Valeō's prior written permission. Nothing on the Site should be construed to grant any license or right to use any of the Intellectual Property without the prior written consent of Valeō.
Except as otherwise provided herein, use of the Site does not grant you a license to any Materials and Content or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials and Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials and Content or screens for any purpose except as otherwise provided by Valeō.
If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of Canada and/or other countries, as well as applicable provincial laws, and you may be subject to liability for such unauthorized use. The information on the Site, including, without limitation, all site design, text, graphics, interfaces and the selection and arrangements of such is protected by law, including, but not limited to, copyright law.
9. User Content; Social Media Agreement
We do not claim ownership of user-generated content and material. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you:
(i) submit or post on the Site, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or
(ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, TikTok and Pinterest, that are tagged with #Valeō #ValeōBeauty or any other Valeō promoted hashtag (collectively “User Content”) shall be deemed non-confidential and non-proprietary.
By submitting or posting any User Content, you grant to Valeō a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona and likeness (and the likeness of any other person appearing therein, including, without limitation, any minor child) included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including, but not limited to, in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you.
Neither you, nor any other person or entity, will have the right to:
(a) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms; or
(b) inspect or approve the editorial copy or other material that may be used in connection with the User Content.
Valeō will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. Valeō shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content or respond to any User Content. Valeō retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the User Content.
By submitting or posting User Content on the Site, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that:
(i) you own or control any and all rights in and to the User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity;
(ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity;
(iii) you hereby give permission on behalf of any minor children that appear in the User Content, to which you are the legal guardian, to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity;
(iv) you are 18 years of age or older; and
(v) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files.
Upon request by Valeō, you will furnish Valeō any documentation, substantiation or releases necessary to verify your compliance with these Terms. You are solely responsible for the User Content and you hereby agree to indemnify and hold Valeō and its members, manager, employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
Valeō does not guarantee the truthfulness, accuracy, or reliability of any User Content or endorse any opinions expressed by you or anyone else. By submitting or posting the User Content, you fully and unconditionally release and forever discharge Valeō and its officers, directors, employees, and agents from any and all claims, demands, and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of, or in any way connected with:
(i) disputes between you and one or more users or any other person or entity; or
(ii) the use by Valeō or you of the User Content, including, without limitation, any and all claims that use of the User Content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity.
You acknowledge and agree that Valeō has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any User Content. Valeō acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If Valeō becomes aware of any User Content that allegedly may not conform to these Terms, Valeō may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. Valeō has no liability or responsibility to Users for performance or nonperformance of such activities.
Without limiting the foregoing in any way, Valeō has the absolute right to remove and/or delete without notice any User Content within its control in its sole discretion. You consent to such removal and/or deletion and waive any claim against Valeō for such removal and/or deletion. Valeō is not responsible for failure to store posted content or other materials you transmit through the Site. You should take measures to preserve copies of any data, material, content, or information you post to the Site or any other sites or platforms.
Valeō does not guarantee the truthfulness, accuracy, or reliability of any User Content or endorse any opinions expressed by you or anyone else. By submitting or posting the User Content, you fully and unconditionally release and forever discharge Valeō and its officers, directors, employees, and agents from any and all claims, demands, and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of, or in any way connected with:
(i) disputes between you and one or more users or any other person or entity; or
(ii) the use by Valeō or you of the User Content, including, without limitation, any and all claims that use of the User Content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity.
You acknowledge and agree that Valeō has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any User Content. Valeō acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If Valeō becomes aware of any User Content that allegedly may not conform to these Terms, Valeō may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. Valeō has no liability or responsibility to Users for performance or nonperformance of such activities.
Without limiting the foregoing in any way, Valeō has the absolute right to remove and/or delete without notice any User Content within its control in its sole discretion. You consent to such removal and/or deletion and waive any claim against Valeō for such removal and/or deletion. Valeō is not responsible for failure to store posted content or other materials you transmit through the Site. You should take measures to preserve copies of any data, material, content, or information you post to the Site or any other sites or platforms.
10. Privacy Policy
Notwithstanding anything else to the contrary contained in these Terms, Valeō's use of any personally identifiable information (name, email, etc.) you provide via the Site shall be governed by our Privacy Policy. For further information regarding Valeō's protection of your personal information, please refer to our Privacy Policy.
11. Third Party Links
The Site may contain links to websites, applications or other products or services operated by other companies ("Third Party Platforms"). Valeō does not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. Valeō is not responsible for the content or policies of Third Party Platforms and you access such Third Party Platforms at your own risk.
12. Telephone Communications; Text Messaging; SMS Policy
Valeō offers a mobile messaging program (the "Program"), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and our Privacy Policy (the "SMS Terms"). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the "Dispute Resolution" section below. These SMS Terms are limited to the Program and are not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
13.1 User Opt-In
The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that these SMS Terms apply to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
13.2 User Opt-Out
If you do not wish to continue participating in the Program or no longer agree to these SMS Terms, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE, or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Valeō and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
13.3 Program Description
Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery, and sale of our Products. Messages may include checkout reminders.
13.4 Cost and Frequency
Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
13.5 Support Instructions
For support regarding the Program, text “HELP” to the number you received messages from or email us at info@valeopilates.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt-outs must be submitted in accordance with the procedures set forth above.
13.6 MMS Disclosure
The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
13.7 Our Disclaimer of Warranty
The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
13.8 Participant Requirements
You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
13.9 Age Restriction
You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
13.10 Prohibited Content
You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libellous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
14. Dispute Resolution
In the event that there is a dispute, claim, or controversy between you and Us, or between you and Momence, Squarespace, or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or provincial statutory claims, common law claims, these SMS Terms, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Toronto, Ontario before one arbitrator and as set forth in Section 15 below. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
15. Provincial Law
15.1 Ontario
We endeavor to comply with the Ontario Consumer Protection Act and other relevant provincial regulations as applicable to Ontario residents. For purposes of compliance, you agree that we may assume that you are an Ontario resident if, at the time of opt-in to the Program, (1) your shipping address, as provided, is located in Ontario or (2) the area code for the phone number used to opt into the Program is an Ontario area code. You agree that the requirements of the Ontario Consumer Protection Act do not apply to you, and you shall not assert that you are an Ontario resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are an Ontario resident by sending written notice to us. Insofar as you are an Ontario resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Ontario statutes, to the extent the law is otherwise relevant and applicable.
15.2 Other Provinces
We endeavor to comply with the relevant consumer protection acts and telemarketing regulations as applicable to residents of other provinces in Canada. For purposes of compliance, you agree that we may assume that you are a resident of a specific province if, at the time of opt-in to the Program, (1) your shipping address, as provided, is located in that province or (2) the area code for the phone number used to opt into the Program is an area code from that province. You agree that the requirements of the relevant consumer protection acts and telemarketing regulations do not apply to you, and you shall not assert that you are a resident of a specific province, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a resident of that province by sending written notice to us. Insofar as you are a resident of a specific province, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of the relevant provincial statutes, to the extent the law is otherwise relevant and applicable.
15.3 International (USA)
15.3.1 Florida
We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to the Program, (1) your shipping address, as provided, is located in Florida or (2) the area code for the phone number used to opt into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
15.3.2 Washington
To the extent the law is relevant and applicable to the Program, we endeavor to comply with the commercial telephone solicitation requirements pursuant to the Revised Code of Washington (RCW) (including but not limited to sections 80.36.390, 19.158.040, 19.158.110 and 19.158) as applicable to Washington residents. For purposes of compliance, you agree that we may assume that you are a Washington resident if, at the time of opt-in to the Program, the area code for the phone number used to opt into the Program is a Washington area code.
15.3.3 Oklahoma
We endeavor to comply with the Oklahoma Telephone Solicitation Act of 2022 as applicable to Oklahoma residents. For purposes of compliance, you agree that we may assume that you are an Oklahoma resident if, at the time of opt-in to the Program, the area code for the phone number used to opt into the Program is an Oklahoma area code. You agree that the requirements of the Oklahoma Telephone Solicitation Act do not apply to you, and you shall not assert that you are an Oklahoma resident, if you do not meet the criteria or, in the alternative, do not affirmatively advise us in writing that you are an Oklahoma resident by sending written notice to Us. Insofar as you are an Oklahoma resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Oklahoma Statutes Title 15 (including but not limited to sections 775C.1, 775C.2, 775C.3, 775C.4 and 775C.5), to the extent the law is otherwise relevant and applicable.
16. Miscellaneous
You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these SMS Terms or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these SMS Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these SMS Terms will otherwise remain in full force and effect and enforceable. Any new features, changes, updates, or improvements of the Program shall be subject to these SMS Terms unless explicitly stated otherwise in writing. We reserve the right to change these SMS Terms from time to time. Any updates to these SMS Terms shall be communicated to you. You acknowledge your responsibility to review these SMS Terms from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept these SMS Terms, as modified.
17. Disclaimers and Limitations of Liability
Valeō publishes information on its Site as a convenience to its visitors. While Valeō attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The products described on the Site may not be available in your region. Valeō does not claim that the information on the Site is appropriate to your jurisdiction or that the products described on its Site will be available for purchase in all jurisdictions.
YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE PRODUCTS, THE PILATES STUDIO, AND THE SITE, WHICH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Valeō DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING, WITHOUT LIMITATION, ALL MATERIALS AND CONTENT, FUNCTIONS, PRODUCTS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Valeō DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE MATERIALS AND CONTENT OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. Valeō MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Valeō makes no warranties of any kind regarding any sites not controlled by Valeō to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Valeō makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such sites not controlled by Valeō. Valeō does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VALEŌ, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE, THE PILATES STUDIO, OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR THE MATERIALS AND CONTENT OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF VALEŌ AND THE OTHER VALEŌ PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO (A) THE ORDER, RECEIPT OR USE OF PRODUCTS PURCHASED FROM THE SITE OR THE PILATES STUDIO EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS OR SERVICES; AND (B) THE ACCESS OR USE OF THE SITE OR CONTENT, EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID TO US IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE.
THE FOREGOING LIMITATIONS SHALL NOT APPLY TO PERSONAL INJURY CLAIMS OR TO ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
IN PARTICULAR, IF YOU ARE A RESIDENT OF QUEBEC, THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AS THE QUEBEC CONSUMER PROTECTION ACT PROVIDES SPECIFIC RIGHTS AND REMEDIES. SIMILARLY, RESIDENTS OF OTHER PROVINCES MAY HAVE ADDITIONAL RIGHTS UNDER THEIR RESPECTIVE PROVINCIAL CONSUMER PROTECTION LEGISLATION.
FOR USERS IN THE UNITED STATES, THE LIMITATIONS OF LIABILITY MAY VARY BY STATE. SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
18. Indemnity
You agree to indemnify and hold Valeō, its directors, officers, employees, agents, and affiliates harmless from any and all claims, liabilities, damages, costs, and expenses, including actual outside attorneys' fees and court costs, in any way arising from, related to, or in connection with your use of the Site, the Pilates studio, your violation of these Terms, or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information, materials, or User Content you provide infringes any third-party proprietary right. You further agree to reimburse Valeō, within thirty (30) days of each demand for reimbursement, for any and all costs, liabilities, expenses, fees, fines, professional fees, and other amounts paid or incurred by Valeō (or such other indemnitee) in connection with the foregoing indemnity.
19. Governing Law and Disputes
THE PARTIES AGREE THAT THESE TERMS, ANY SALES THEREUNDER, AND/OR ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) BETWEEN YOU AND VALEŌ ARISING FROM OR RELATING TO THESE TERMS, ITS INTERPRETATION OR THE BREACH, TERMINATION, OR VALIDITY THEREOF, THE RELATIONSHIPS THAT RESULT FROM THESE TERMS, VALEŌ'S ADVERTISING, OR ANY RELATED PURCHASE SHALL BE GOVERNED BY THE LAWS OF THE PROVINCE OF ONTARIO AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN, WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES.
20. Dispute Resolution and Binding Arbitration
YOU AND VALEŌ ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE, AND EQUITABLE CLAIMS) BETWEEN YOU AND VALEŌ, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, DIRECT AND INDIRECT SUBSIDIARIES, AND ANY THIRD PARTY PROVIDING ANY PRODUCTS OR SERVICES TO YOU IN CONNECTION WITH YOUR PURCHASE (COLLECTIVELY "VALEŌ") ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS, YOUR USE OF THE SITE, THESE TERMS, ITS INTERPRETATION OR THE BREACH, TERMINATION, OR VALIDITY THEREOF, THE RELATIONSHIPS THAT RESULT FROM THESE TERMS (INCLUDING RELATIONSHIPS WITH THIRD PARTIES WHO ARE NOT SIGNATORIES TO THESE TERMS), VALEŌ'S ADVERTISING, OR ANY RELATED PURCHASE SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitrator shall have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or these Terms is void, voidable, or otherwise invalid. The arbitration shall be administered by a mutually agreed-upon arbitration service. Arbitration proceedings shall be governed by this provision and the applicable procedures of the selected arbitration administrator, including any applicable procedures for consumer-related disputes, in effect at the time the claim is filed. Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in small-claims court rather than arbitration. The arbitration or small-claims court proceeding will be limited solely to the customer's individual dispute or controversy.
You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR VALEŌ SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS/USERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be class arbitration). The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Payment for all filing, administration, and arbitrator fees will be governed by the rules of the applicable arbitration administrator, provided that Valeō will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. If you prevail on any claim that affords the prevailing party statutory attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
If for any reason a claim proceeds in court rather than in arbitration, each of you and Valeō agree that either party may bring suit in court to enjoin infringement or misuse of intellectual property rights.
21. Indemnity
You agree to indemnify and hold Valeō, its directors, officers, employees, agents, and affiliates harmless from any and all claims, liabilities, damages, costs, and expenses, including actual outside legal fees and court costs, in any way arising from, related to, or in connection with your use of the Site, the Pilates studio, your violation of these Terms, or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information, materials, or User Content you provide infringes any third-party proprietary right. You further agree to reimburse Valeō, within thirty (30) days of each demand for reimbursement, for any and all costs, liabilities, expenses, fees, fines, professional fees, and other amounts paid or incurred by Valeō (or such other indemnitee) in connection with the foregoing indemnity.
22. Governing Law and Disputes
THE PARTIES AGREE THAT THESE TERMS, ANY SALES THEREUNDER, AND/OR ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) BETWEEN YOU AND VALEŌ ARISING FROM OR RELATING TO THESE TERMS, ITS INTERPRETATION OR THE BREACH, TERMINATION, OR VALIDITY THEREOF, THE RELATIONSHIPS THAT RESULT FROM THESE TERMS, VALEŌ'S ADVERTISING, OR ANY RELATED PURCHASE SHALL BE GOVERNED BY THE LAWS OF THE PROVINCE OF ONTARIO AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN, WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES.
23. Dispute Resolution and Binding Arbitration
YOU AND VALEŌ ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE, AND EQUITABLE CLAIMS) BETWEEN YOU AND VALEŌ, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, DIRECT AND INDIRECT SUBSIDIARIES, AND ANY THIRD PARTY PROVIDING ANY PRODUCTS OR SERVICES TO YOU IN CONNECTION WITH YOUR PURCHASE (COLLECTIVELY "VALEŌ") ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS, YOUR USE OF THE SITE, THESE TERMS, ITS INTERPRETATION OR THE BREACH, TERMINATION, OR VALIDITY THEREOF, THE RELATIONSHIPS THAT RESULT FROM THESE TERMS (INCLUDING RELATIONSHIPS WITH THIRD PARTIES WHO ARE NOT SIGNATORIES TO THESE TERMS), VALEŌ'S ADVERTISING, OR ANY RELATED PURCHASE SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitrator shall have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or these Terms is void, voidable, or otherwise invalid. The arbitration shall be administered by a mutually agreed-upon arbitration service. Arbitration proceedings shall be governed by this provision and the applicable procedures of the selected arbitration administrator, including any applicable procedures for consumer-related disputes, in effect at the time the claim is filed. Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in small-claims court rather than arbitration. The arbitration or small-claims court proceeding will be limited solely to the customer's individual dispute or controversy.
You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR VALEŌ SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS/USERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be class arbitration). The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Payment for all filing, administration, and arbitrator fees will be governed by the rules of the applicable arbitration administrator, provided that Valeō will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. If you prevail on any claim that affords the prevailing party statutory legal fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
If for any reason a claim proceeds in court rather than in arbitration, each of you and Valeō agree that either party may bring suit in court to enjoin infringement or misuse of intellectual property rights.
24. General
These Terms constitute the entire agreement between you and Valeō and govern your use of the Site, and they supersede any prior agreements between you and Valeō, provided, however, that these Terms shall be read in conjunction with the "Privacy Policy" as applicable. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. Valeō may terminate this agreement and deny you access to the Site at any time, immediately and without notice, if in Valeō's sole discretion you fail to comply with any provision of these Terms. You agree that no joint venture, partnership, employment, or agency relationship exists between Valeō and you as a result of these Terms or your use of the Site. Any claim or cause of action you may have with respect to Valeō or the Site must be commenced within one (1) year after the claim or cause of action arose or be forever barred. The failure of Valeō to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision in these Terms is held invalid, the remainder of these Terms shall continue to be enforceable. If any provision in these Terms is deemed unlawful, void, or unenforceable, then that provision is deemed severable from these Terms and the remaining provisions are still valid and enforceable. You may not assign these Terms nor any of your rights or obligations under these Terms without Valeō's express prior written consent. These Terms inure to the benefit of Valeō's successors, assigns, affiliates, and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect. To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us, please email or write to us at: