Updated: June 24, 2020
Terms, Conditions, and Privacy Policy
Terms and Conditions
Welcome to MichaelaLien.com. The MichaelaLien.com website (“the Site”) is composed of various webpages operated by Michaela Lien Pilates and Fitness (“Michaela Lien”). MichaelaLien.com is is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of MichaelaLien.com constitutes your agreement to all such Terms. Please read these Terms CAREFULLY, and keep a copy of them for your reference.
Privacy
Use of MichaelaLien.com is subject to Michaela Lien Pilates and Fitness’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting MichaelaLien.com or sending emails to Michaela Lien Pilates and Fitness constitutes electronic communications. You consent to receiving electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide electronically, via email and on the Site, satisfy any legal requirement that such communications will be in writing.
Refund Policy
Our refund policy for any of the services or products sold on the Site or purchased from Michael Lien Pilates and Fitness is as follows: All sales are final. There will be no refunds.
In Addition, Private 1 on 1 sessions, group sessions, and all virtual sessions purchased from Michael Lien Pilates and Fitness must be used within 90 days of original purchase or will be considered void, unless otherwise agreed upon or stated.
Virtual or in person class membership fees must be paid within 3 business days of the Active month (usually the 1 st of the month) and all pre- purchased classes must be used within 30 days or be considered void.
Cancellation Policy
Michael Lien Pilates and Fitness has a 48 hour cancellation policy. If you cancel within 48 hours of your session, you will not be entitled to reschedule and that session will be forfeited. For recorded sessions, or virtual classes we reserve the right to delete the recording after 5 days.
Links to third party sites/ third party services
MichaelaLien.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Michaela Lien Pilates and Fitness and Michaela Lien is not responsible for the contents of any Lined Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Michaela Lien Pilates and Fitness is providing these links to you only as a convenience, and the inclusion of any link does not provide endorsement by Michaela Lien Pilates and Fitness of the site or any association with its operators.
Copyright
All content included as part of a service from Michaela Lien Pilates and Fitness and shown on the Site including but not limited to text, graphics, logos, images, and software are protected by United States copyright laws as original works. The absence of a registered copyright symbol does not mean that such materials are not protected as belonging to Michaela Lien Pilates and Fitness and its suppliers.
Indemnification
You agree to indemnify, defend and hold harmless Michaela Lien Pilates and Fitness, its officers, directors, employees, agents and third parties for any losses, costs, liabilities, and expenses (including attorney fees) relating to or rising out of your use or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. Michaela Lien Pilates and Fitness reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Michaela Lien Pilates and Fitness in asserting any available defenses.
Arbitration
In the event that the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, weather in contract, tort, or otherwise at law or in equity in damages or any other relief, then such dispute shall be resolved only by and binding arbitration in accordance with the federal Arbitration ACT, conducted by a single arbitrator and administered by the American Arbitration Association, or a similar arbitration service.
If any provision of this Agreement is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and the remainder of this Agreement shall remain operative and binding on the Parties.
Liability Disclaimer
This Disclaimer is part of Michaela Lien Pilates and Fitness Terms and Conditions and Privacy Policy. This Disclaimer is for the site MichaelaLien.com and all social media profiles associated with the Site and Michaela Lien Pilates and Fitness.
Professionals Advice:
Michaela Lien Pilates and Fitness provides fitness and Pilates services and advice. Michaela Lien holds qualifications and certifications in this field. Michaela Lien makes no representations to hold any other qualifications or representations outside of this.
Michaela Lien cannot diagnose, treat or prevent any health conditions with her services and makes no claim to that. Michaela Lien cannot give “nutritional advice” or any other advice outside the scope of Pilates and fitness exercises. All advice should be considered an “opinion” from a certified Pilates and Fitness teacher and not professional advice. In addition, nothing shared on this Site by is professional advice.
You understand that Michaela Lien Pilates and Fitness makes no guarantees regarding any results based on any action or inaction of services or the information Michaela Lien shares through the Site.
Client defined:
By accessing and using the Site, you are not considered a client until a waiver and/ or contract is signed between yourself and Michaela Lien. Michaela Lien hopes to work with you soon, and provide you quality services. By continuing to use the Site, you acknowledge that you are not a client until a contract is signed.
Guarantees:
Michaela Lien Pilates and Fitness makes no guarantees that the Site or third-party programs we use to offer our services and products will always be operational. If something is wrong please notify Michaela Lien ASAP, and we will try to fix the mistake ASAP. Michaela Lien Pilates and Fitness also make no representations or warranties around any of the content that is produced or shared on the Site.
PRIVACY POLICY
Protecting your private information is the priority of Michaela Lien Pilates and Fitness. This statement of privacy applies to MichaelaLien.com and Michaela Lien Pilates and Fitness and governs data collection and usage collected from you by Michaela Lien via MichaelaLien.com. For the purposes of this privacy policy, unless otherwise noted, all references to Michaela Lien Pilates and Fitness include MichaelaLien.com and Michaela Lien. The MichaelaLien.com website is a personal training and fitness services website. By using MichaelaLien.com you consent to the data practices described in this statement.
1. Collection and Consent of your Personal Information
In order to provide you with better products and services offered on our site (MichaelaLien.com), Michaela Lien may collect personally identifiable information, such as your:
Full Name (First name, Middle name, Last name), Mailing address, Billing address, Email address, Phone number, Age, Gender, Exercise experience and history, Personal injury history, medical history, Body measurements including height, weight, and body circumference measurements.
If you purchase Michaela Lien Pilates and Fitness’s products and services, Michaela Lien will collect billing and credit card information. This information is used to complete the purchase transaction.
Michaela Lien does not collect any personal information about you unless you volitarity provide it. However, some personal information may be required to provide safe and quality service to you. By not consenting, or withdrawing consent you understand that Michaela Lien may not be able to provide or continue providing it’s services or information to you.
By submitting Personal Information to Michaela Lien Pilates and Fitness and its Site or any of its service providers, you agree and consent to the collection of your Personal Information and consent to the use, disclosure and transfer of your Personal Information in accordance with the provisions of this Privacy Policy. You may always refuse or withdraw your consent by contacting Michaela Lien at Michaela_Lien@yahoo.com.
2. Use of your personal information
Michaela Lien collects and uses your personal information to operate its website (MichaelaLien.com).
Michaela Lien may also use your personal identifiable information to inform you of other products or services available form Michaela Lien and its affiliates.
3. Sharing information with third parties:
Michaela Lien does NOT sell, rent, or lease its customers lists to third parties.
Michaela Lien from time to time may contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (email, name, phone number, address) is transferred to the third party with your permission or you may access a link to their services from MichaelaLien.com All such third parties have their own privacy policies and Michaela Lien does not control or operate those sites. All of the potential thor parties are listed in section 3.1 to 3.12 below of this agreement. Please note that this Privacy Policy (Michela Lien Pilates and Fitness) does not apply to those websites and Michael Lien encourages you to look at each privacy policy of the third party websites listed below. Michaela Lien is not responsible for those third party privacy policies.
Third party websites not limited to:
3.1 Docusign: https://www.docusign.com/privacy-and-gdpr
3.2 Square - https://squareup.com/us/en/legal/general/privacy
3.3 Google Drive: https://www.google.com/drive/terms-of-service/
3.4 Youtube:https://www.youtube.com/static?gl=CA&template=terms
3.5 Squarespace: https://www.squarespace.com/privacy/
3.6Facebook: https://www.facebook.com/full_data_use_policy
3.7 Instagram: https://help.instagram.com/402411646841720
3.8 Paypal: https://www.paypal.com/va/webapps/mpp/ua/privacy-full
3.9 Zoom: https://zoom.us/privacy
3.10 ConvertKit: https://convertkit.com/privacy
3.11 DropBox: https://www.dropbox.com/terms#privacy
3.12 Alanna Desalvo Nutrition: Alannadesalvo.com
3.13 Vagaro: https://www.vagaro.com/pro/privacy
4. Opt-out of Disclosure of Personal Information
In connection with any personal information we may disclose to a third party for a business purpose, you have a right to know:
-The categories of personal information that we disclose about you for a business purpose.
You have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to Opt-Out of the disclosure of your information, we will refrain from disclosing your personal information, unless you subsequently provide express authorization for the disclosure of your personal information. To Opt-Out email Michaela Lien at Michaela_Lien@yahoo.com.
5. Tracking user behavior
Michaela Lien may keep track of websites and pages users visit within Michaela Lien Pilates and Fitness in order to determine what Michaela Lien Pilates and Fitness services are the most popular. This data is used to deliver customized advertising within Michaela Lien Pilates and Fitness to customers whose behavior indicates that they are interested in that particular subject area.
6. Automatically Collected Information
Information about your computer hardware and software may be automatically collected by Michaela Lien Pilates and Fitness. This information can include:
Your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Michaelalien.com website.
7. Use of Cookies
The Michaela Lien Pilates and Fitness website (michaelalien.com) may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or to deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issues the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of the cookie is to tell the Web server that you have returned to a specific page.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Michaela Lien Pilates and Fitness services or website you visit.
8. Links
This website contains links to third party sites. Please be aware that Michaela Lien is not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
9. Security of your personal information
Michaela Lien Pilates and Fitness secures your information from unauthorized access, use or disclosure. Michaela Lien uses SSL Protocol for this purpose. When personal information (such as credit card number) is transmitted to other websites, it is protected through the use of encryption, such as Secure Socket Layer (SSL) protocol.
We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the internet or any wireless network can be guaranteed to be %100 secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which our beyond our (Michaela Lien Pilates and Fitness) control; and (b) security, integrity, and privacy of any and all information and data exchange between you and us through this Site cannot be guaranteed.
10. Right to Deletion
Subject to certain exceptions set out below, on receipt of a verifiable request from you, Michaela Lien will:
Delete your personal information from our records; and
Direct any service providers to delete your personal information from their records.
Please note, we may not be able to comply with requests to delete your personal information if it is necessary to:
-Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship to you, or otherwise perform a contract between you and us;
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
- Debug to identify and repair errors that impair existing intended functionality;
- Exercise free speech, ensure the right of another customer to exercise his or her right to free speech, or exercise another right provided for by the law;
- Comply with California Electronic Communications Privacy Act;
- Engage in public or peer- reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
- Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
-Comply with an existing legal obligation; or
- Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
11. Children Under 18. The Site (MichaelaLien.com) does not knowingly collect personally identifiable information from anyone under the age of 18. The content on this website is not meant for persons under the age of 18. If you are under the age of 18 you may not use this site or purchase services from this site without written permission from a parent or guardian.
12. Email Communications
Michaela Lien Pilates and Fitness may contact you via email for the purpose of providing announcements, promotional offers, sending a newsletter, blogs, alerts, confirmations, surveys, and/or other general communication.
If you would like to stop receiving marketing or promotional communications via email from Michaela Lien Pilates and Fitness you may opt out of such communications by clicking the Unsubscribe button on any email. Or emailing Michaela Lien at Michaela_Lien@yahoo.com
13. Phone communications
Michaela Lien Pilates and Fitness may contact you via phone or text message. This is usually to confirm appointments, cancel or reschedule appointments, or to connect about services, products, or information that Michaela Lien Pilates and Fitness will need to share with you. You may opt out of phone communications at any time, and use email communications instead.
14. Opt-out and unsubscribe
You have the right to “unsubscribe” to any newsletter, blog, or notifications from Michaela Lien Pilates and Fitness. To unsubscribe you can click the “Unsubscribe” button on the newsletter, or email Michaela_Lien@yahoo.com. To opt out of phone communications please contact Michala Lien directly using the contact information below.
15. Changes to this Privacy Policy.
Michaela Lien reserves the right to change this Privacy Policy from time to time. Michaela Lien will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our site, and /or by updating any privacy information on this page. Your continued use of the Site and/or services used through this site will constitute your: (a) acknowledgement of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy.
16. Contact Information
Michaela Lien welcomes your questions or comments regarding this Privacy Policy. For any questions please contact Michaela Lien at Michaela_Lein@yahoo.com for any questions or concerns regarding this statement.