Terms & Conditions
Thank you for visiting the NADAN website located at www.pierslaine.com (the “Site”)! The Site is an internet property of NADAN LLC (“NADAN”, “we” or “us”). By using and/or accessing NADAN, you are agreeing to comply with and be bound by the following Terms and Conditions (“Agreement”). The Agreement is inclusive of any operating rules, policies, price schedules, and/or other supplemental terms and conditions or documents expressly incorporated herein by reference and/or published from time to time. Please review the terms of this Agreement carefully. NADAN’s terms and conditions were developed to ensure that our customers are using our services with due regard to their rights and the rights of other users, and in conformity with NADAN’s standard and current procedures, rules, regulations, requirements and terms and conditions. Your use of Services is also subject to any additional terms, conditions and policies that we may separately post on the Services or provide to you, and any agreements you have separately executed with NADAN, including, without limitation, our COVID-19 Safety Policy. If you do not agree to this Agreement in its entirety, you are not authorized to use the Site or our services in any manner or form.
Acceptance of Agreement
You agree to the terms and conditions outlined in the Agreement with respect to the use of the Site and NADAN’s services. The Agreement constitutes the entire agreement between you and NADAN with respect to your use of the Site and services, and supersedes all prior or contemporaneous agreements, representations, warranties, and/or understandings with respect to the Site and services. We may amend the Agreement from time to time in our sole discretion, without specific notice to you. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site or services. By your continued use of the Site and services, you hereby agree to comply with all of the terms and conditions contained within the Agreement effective at that time. Therefore, you should regularly check this page for updates and/or changes.
Requirements
This Site and services are available only to individuals who can enter into legally binding contracts under applicable law. This Site and services are not intended for use by individuals under the age of eighteen (18). If you are under the age of eighteen (18), you do not have permission to use and/or access this Site.
Payment Types
We accept MasterCard, Visa, American Express. You will be charged the full amount at the time of purchase of your service. For monthly members, you will be charged the day you buy the pass and then automatically every month on that same date. To cancel automatic payment, you must inform NADAN via email 30 days prior to membership termination.
Cancellations
You may cancel a reservation online by logging onto your profile or by emailing info@NADAN.com at least twenty-four (24) hours prior to the start of the service. Services not cancelled at least twenty-four (24) hours prior to start-time will be charged the full rate. For monthly unlimited membership holders, a penalty fee of $10 per reservation will apply, in the event you do not cancel such reservation twenty-four (24) hours prior to the service. Exemptions may apply.
COVID-19 Policy
In the event you have a cough, fever, sore throat, or any other symptoms of COVID-19, if you have tested positive for COVID-19, or if you generally feel unwell and may feel unwell at any time until the start-time of the appointment, you are required to cancel the appointment and this will be done without penalty. We reserve the right to modify this policy at any time to expand and/or include other pandemics and/or illnesses. If we find out you have abused this policy, NADAN reserves the right to terminate your account immediately.
Return/Refund Policy
All purchases of packages and services are final. No refunds will be provided. Packages and memberships are non-transferable—one member per package or membership.
Use Privileges
You must abide by the individual rules of the services. Additionally, NADAN (in its sole discretion) reserves the right to revoke or suspend your membership at any time and for any reason if you are a monthly member, or service credits if you have purchased a package.
Photo Release
You authorize NADAN to use your name, statements and likeness, without charge, for promotional purposes in publications, advertising, video, web, new media, or other formats.
Loss of Property
NADAN shall not be held liable for any property that is lost, stolen, or damaged while you are utilizing the services.
Waiver
In consideration of being allowed to participate in the services provided by NADAN, and to use its services and equipment, in addition to the payment of any fee or charge, you hereby (1) agree to assume full responsibility for any and all injuries or damages which are sustained or aggravated by you; (2) waive, release and forever discharge NADAN, its officers, members, agents, employees, independent contractors, representatives, executors and all others from any and all responsibility, claims, rights, causes of action and/or liability from injuries or damages to your person or property resulting from your participation in and use of NADAN’s services; (3) represent that you have no medical or physical condition which should prevent you from utilizing such services (including, but not limited to COVID-19 or any other illness); and (4) represent that you have not been instructed by a physician not to participate in such classes, activities and events or use the equipment as offered by and at NADAN such services.
Indemnification
You agree to indemnify and hold NADAN, its service providers, parents, subsidiaries and affiliates, and each of their respective shareholders, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third-party due to or arising out of: (a) your use of the Site and/or NADAN’s Services; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of NADAN, its service providers, parents, subsidiaries, and/or affiliates, and each of their respective shareholders, officers, directors, members, employees, agents, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
Disclaimer of Warranties
THE SITE, ANY NADAN SERVICES THAT YOU MAY RECEIVE FROM ONE OF OUR SERVICES PROVIDERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, NADAN MAKES NO WARRANTY THAT: (A) THE SITE, THE NADAN SERVICES THAT YOU MAY RECEIVE FROM ONE OF OUR SERVICE PROVIDERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE, THE NADAN SERVICES THAT YOU MAY RECEIVE FROM OUR SERVICE PROVIDERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND/OR NADAN’S SERVICES THAT YOU MAY RECEIVE FROM ONE OF OUR SERVICE PROVIDERS WILL BE SAFE, ACCURATE OR RELIABLE. THE SITE AND/OR NADAN SERVICES THAT YOU MAY RECEIVE FROM ONE OF OUR SERVICE PROVIDERS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY OR FROM NADAN, ANY OF ITS SERVICE PROVIDERS OR OTHERWISE THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NADAN SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NADAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, THE NADAN SERVICES THAT YOU MAY RECEIVE FROM ONE OF OUR SERVICE PROVIDERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON THE SITE; (B) ANY DISPUTE ASSOCIATED WITH ANY NADAN SERVICE PROVIDER; (C) ANY INJURY STEMMING FROM THE SERVICES OR SERVICES LOCATED AT NADAN; (D) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH THE SITE; (E) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; (F) ANY OTHER MATTER RELATING TO THE SITE, THE NADAN SERVICES THAT YOU MAY RECEIVE FROM OUR SERVICE PROVIDERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON THE SITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE NADAN AND ALL OF OUR SERVICE PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF NADAN TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE ONE HUNDRED DOLLARS ($100). YOU HEREBY RELEASE NADAN FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND NADAN. THE SITE, THE NADAN SERVICES THAT YOU MAY RECEIVE FROM A SERVICE PROVIDER AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
Third Party Websites
The Site may provide and/or refer you to links to other Internet websites and/or resources. Because NADAN has no control over such third party websites and/or resources, you hereby acknowledge and agree that NADAN is not responsible for the availability of such third party websites and/or resources. Furthermore, NADAN does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.
Privacy Policy
Use of the Site, and all comments, feedback, information, Registration Data or materials that you submit through or in association with the Site is subject to our Privacy Policy, which is hereby incorporated into and made a part of this Agreement. We reserve the right to use all information regarding your use of the Site, and any and all other personally identifiable information provided by you in accordance with the terms of our Privacy Policy. NADAN has the capability of collecting various bits of information from you without your active participation. Such information might include: IP address, browser type/version and computer platform. Your browser automatically submits this information in order to correctly fulfill page requests. No other information will be obtained from you without your consent. NADAN safeguards the security of the data you send us. Credit card numbers are also stored in encrypted form. If you use the NADAN Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Like many websites, NADAN reserves the right to use cookie or tracking technology.
Account Creation
In order to use certain features of the Services, you must register for an account with us (your “Account”) and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You agree not to create an account on behalf of someone other than yourself. You further agree that you shall not maintain more than one account at any given time. You may delete your Account at any time, for any reason, by following the instructions in the Services. We may suspend or terminate your Account in accordance with the terms and conditions set forth in this Agreement. You agree not to create an account or use our Services if you have been previously removed by NADAN, or if you have been previously barred from any of the Services.
Unauthorized Use
Any attempt by any individual, whether or not a NADAN customer, to create an account on behalf of a third-party shall be deemed unauthorized use and banned from utilizing NADAN’s services.
Legal Warning
Any attempt by any individual, whether or not a NADAN customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site, is in violation of criminal and civil law and NADAN will diligently pursue any and all remedies against any offending individual or entity to the fullest extent permissible by law and in equity.
Miscellaneous
This Agreement shall be treated as though it were executed and performed in New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles).
Contact Us
If you have any questions regarding the Agreement, or would like more information from us, please send your request to: info@pierslaine.com.