Terms of service

Effective date: January 01, 2024

OVERVIEW

This website is operated by Katharina Kuehnen ("me", "I", or "my"). Katharina Kuehnen offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting my site and/ or purchasing something from me, you engage in my “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features, products, or tools that are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. I reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to my website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - GENERAL CONDITIONS

I reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the service/product, use of the service/product, or access to the service/product or any contact on the website through which the service/product is provided, without my express written permission.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 2 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

I am not responsible if the information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

I reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 3 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for my products are subject to change without notice.

I reserve the right at any time to modify or discontinue the service/product (or any part or content thereof) without notice at any time.

I shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the service/product.

SECTION 4 - PRODUCTS OR SERVICES 

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

I have made every effort to display as accurately as possible the colors and images of my services/products that appear. I cannot guarantee that your computer monitor's display of any color will be accurate.

I reserve the right but am not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. I may exercise this right on a case-by-case basis. I reserve the right to limit the quantities of any products or services that I offer. All descriptions of services, products, or product pricing are subject to change at any time without notice, at my sole discretion. I reserve the right to discontinue any service/product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

I reserve the right to refuse any order you place with us. I may, in my sole discretion, limit or cancel quantities purchased per person, per household, or order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If I make a change to or cancel an order, I may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. I reserve the right to limit or prohibit orders that, in my sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at my checkout page. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates so that we can complete your transactions and contact you as needed.

SECTION 7 - OPTIONAL TOOLS

I may provide you with access to third-party tools over which we neither monitor nor have any control or input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and any endorsement. I shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

I may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and services available via my website may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. I am not responsible for examining or evaluating the content or accuracy and I do not warrant and will not have any liability or responsibility for any third-party materials or websites, or any other materials, products, or services of third parties.

I am not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at my request, you send certain specific submissions or without a request from me you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, on social media platforms, or otherwise (collectively, "comments"), you agree that I may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to me. I am and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

I may, but have no obligation to, monitor, edit, or remove content that we determine in my sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead me or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. I take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the website is governed by our Privacy Policy. Please view my Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on my site or in the service/product information that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. I reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the service/product or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

I undertake no obligation to update, amend, or clarify information in the service/product or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service/product or on any related website should be taken to indicate that all information in the service/product or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service/product or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service/product or any related website, other websites, or the Internet. I reserve the right to terminate your use of the service/product or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

I do not guarantee, represent, or warrant that your use of my service/product will be uninterrupted, timely, secure, or error-free.

I do not warrant that the results that may be obtained from the use of the service/product will be accurate or reliable.

You agree that from time to time I may remove the service/product for indefinite periods or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service/product is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by me) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Katharina Kuehnen, my partner Patrik Kuehnen, other team members, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, my liability shall be limited to the maximum extent permitted by law.

Health Disclaimer

This Website provides fitness/Pilates/health instruction, information about food and injury information, and content published over the Internet and is intended only to assist users in their healthy lifestyle goals and efforts. Katharina Kuehnen and her agents are not a medical organization and my staff and me cannot give you medical advice or diagnosis. Katharina Kuehnen is a certified Pilates instructor, certified MELT instructor, and certified health coach for integrative nutrition and information will be provided based on her training and scope of practice, but nothing contained in this Website should be construed as individual medical advice or diagnosis. The information and reports generated by me should not be interpreted as a substitute for physician consultation, evaluation, or treatment.
You are urged and advised to seek the advice of a physician before beginning any fitness/Pilates/MELT program or health regimen. Discontinue any exercise immediately when experiencing pain or discomfort. Improper use of Pilates/MELT equipment may cause injuries. This Website is intended for use only by generally healthy adult individuals. The Website is not intended for use by minors or individuals with any type of serious health condition. Such individuals, including pregnant women and women who have recently given birth, are specifically urged to seek professional medical advice before initiating any form of Pilates program or regimen.
Katharina Kuehnen is not a registered dietitian or nutritionist. The information given on this Website does not replace a consultation or evaluation by a registered dietitian.
All information is intended for your general knowledge only and is not a substitute for medical advice or treatment for specific medical conditions. The information on this website has not been evaluated by the FDA or any other overarching health institution and is not intended to treat, diagnose, cure, or prevent any disease. I cannot and do not give you medical advice. You should seek prompt medical care for any specific health issues and consult your physician before purchasing any product(s). I do not recommend the self-treatment of serious health problems. Information obtained by using my services/products is not exhaustive and does not cover all diseases, ailments, physical conditions, or their treatment.
If you are being treated for an illness, taking prescription medication, or following a therapeutic diet to treat a disease, it is especially important to consult your trusted physician before starting with any program by Katharina Kuehnen.
The programs are designed to reach the designated goal safely. Not following the program’s design and schedule as intended may pose the risk of developing health complications or injuries.

Results Disclaimer

When addressing health matters in any of my websites, videos, newsletters, programs, social media platforms, or other content, I’ve made every effort to ensure I accurately represent my program and its ability to help you and improve your life.
By making any purchases through this website and its connected platforms, you accept and agree that you are fully responsible for your progress and results from your participation. I offer no representations, warranties, or guarantees verbally or in writing regarding your results.
You understand the results experienced by each person may significantly vary.
Any statements outlined on my websites, programs, content, and offerings are simply my opinions based on my experience and knowledge and thus are not guarantees or promises of actual performance.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Katharina Kuehnen and my family members, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or me. You may terminate these Terms of Service at any time by notifying me that you no longer wish to use my services/products, or when you cease using my site.

If in my sole judgment, you fail, or I suspect that you have failed, to comply with any term or provision of these Terms of Service, I also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to my services/products (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of me to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by me on this site or with respect to The Service constitute the entire agreement and understanding between you and me and govern your use of the service/product, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and me (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby I provide you services/products shall be governed by and construed following the laws of Germany, 82319 Starnberg.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

I reserve the right, at my sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to my website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to me at contact@katharinakuehnen.com.