Terms & Policies
ONLINE TERMS OF SERVICE
Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY – BY VIEWING ANY OF BAY AREA BIOMECHANICS’ (“BAY AREA BIOMECHANICS”) WEBSITES AND/OR USING ANY OF BAY AREA BIOMECHANICS’ ONLINE SERVICES, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS OR USE (“TERMS OF USE” OR “TERMS”). IF YOU DO NOT ACCEPT ANY OF THESE TERMS, PLEASE DISCONTINUE YOUR ACCESS TO BAY AREA BIOMECHANICS SITE(S) AND ONLINE SERVICE(S). WE MAY AT ANY TIME REVISE THESE TERMS BY UPDATING THIS VERSION. BY USING BAY AREA BIOMECHANICS’ WEBSITE(S) AND/OR ONLINE SERVICES, YOU AGREE TO BE BOUND BY ANY SUCH REVISIONS. PLEASE THEREFORE VISIT THIS WEB PAGE AND OUR PRIVACY PAGE PERIODICALLY TO DETERMINE ANY CHANGES TO THESE TERMS.
Privacy Policy
We respect your privacy. The use of the BAY AREA BIOMECHANICS site and BAY AREA BIOMECHANICS’ services are subject to BAY AREA BIOMECHANICS Privacy Policy [see below], which governs our collection, use and disclosure practices regarding your personally identifiable information. Please take some time to review our Privacy Policy as its terms are incorporated herein by reference and your assent to these Terms of Use includes your assent to our Privacy Policy. If there is any conflict or inconsistency between any of BAY AREA BIOMECHANICS’ Privacy Policy and any of these Terms, such conflict or inconsistency will be resolved in a manner most favorable to BAY AREA BIOMECHANICS and its affiliates.
Copyright and Trademark Notices
Unless otherwise expressly stated, all copyrights, trademarks, trade names, logos, service marks and other intellectual property or proprietary rights in the contents (including, but not limited to, all information, text, sound, music, software, photographs, videos, graphics, data, messages and materials) on BAY AREA BIOMECHANICS’ websites are the property of BAY AREA BIOMECHANICS, its affiliates and/or third party licensors. You may view and use these contents for personal and non-commercial purposes only. These contents may not be reproduced, distributed, transmitted, published, displayed, broadcast, stored, adapted, licensed, altered, hyperlinked or otherwise used in any manner or by any means without BAY AREA BIOMECHANICS’ prior written consent. You may not, without BAY AREA BIOMECHANICS’ prior written consent, insert a hyperlink to BAY AREA BIOMECHANICS’ websites (or any part thereof) on any other website or “mirror” or frame any content contained on BAY AREA BIOMECHANICS’ websites on any other server or website.
No license or right is granted to you and your access to BAY AREA BIOMECHANICS’ website(s) and/or use of BAY AREA BIOMECHANICS’ online services should not be construed as granting, by implication, estoppels or otherwise, any license or right to use the trademarks, trade names, logos or service marks appearing on such websites without BAY AREA BIOMECHANICS’ prior written consent. You may not, without BAY AREA BIOMECHANICS’ prior written consent, use any of such trademarks, trade names, logos or service marks as a hyperlink to any BAY AREA BIOMECHANICS’ website or any other website.
Disclaimer
All contents contained in or accessed through BAY AREA BIOMECHANICS’ websites and/or online services are provided on an “as is” and “as available” basis and you agree that you use them at your sole risk. We expressly disclaim all warranties of any kind, whether express or implied, including implied warranties of merchantability, satisfactory quality and fitness for a particular purpose and non-infringement, to the fullest extent allowed by law.
Without prejudice to the foregoing, we make no warranty as to the accuracy, reliability or quality of any content obtained through BAY AREA BIOMECHANICS’ websites and/or online services or any defects therein will be corrected and that such content and access to them are error free and uninterrupted or available at all times.
You agree that:
(1) All content transmitted or made available via BAY AREA BIOMECHANICS’ websites and/or online services, are the sole responsibility of the person from which such content originated;
(2) BAY AREA BIOMECHANICS and its affiliates will not be liable in any way for any third party content, products or services which you may access, use or acquire via BAY AREA BIOMECHANICS’ websites and/or online services;
(3) You are solely responsible for all content that you transmit or make available via BAY AREA BIOMECHANICS’ websites, online services or on any website;
(4) BAY AREA BIOMECHANICS and its affiliates do not control any third party content, products or services which you may access, use or acquire through BAY AREA BIOMECHANICS’ websites and/or online services. Further, BAY AREA BIOMECHANICS and its affiliates do not endorse or guarantee the accuracy, reliability, integrity, legality or quality of such content, products or services;
(5) By using BAY AREA BIOMECHANICS’ websites and/or online services, you may be exposed to third party content that may be defamatory, offensive, indecent, objectionable or illegal;
(6) BAY AREA BIOMECHANICS may, at its discretion, remove or modify any content (which you transmit or make available via BAY AREA BIOMECHANICS’ websites and/or online services or on any website) that may be defamatory, offensive, indecent, objectionable or illegal or may have infringed any party’s intellectual property rights, without notice to you;
(7) BAY AREA BIOMECHANICS may, at its discretion, deny access to or remove any third party content, products or services that may be defamatory, offensive, indecent, objectionable or illegal or may have infringed any party’s intellectual property rights, without notice to you; and
(8) Without prejudice to paragraph (7) above, BAY AREA BIOMECHANICS may, at its discretion, remove, modify, suspend or terminate any third party content, products or services which you may access, use or acquire via BAY AREA BIOMECHANICS’ websites and/or online services, without notice to you, and BAY AREA BIOMECHANICS and its affiliates will not be liable to you or any third party under any of paragraphs (1) to (8) above.
BAY AREA BIOMECHANICS’ websites may also include hyperlinks to websites which are owned or operated by third parties. Such third party websites are not under our control. BAY AREA BIOMECHANICS and its affiliates cannot accept responsibility for the contents of or the consequences of accessing any such third party websites or any link contained in such websites. The hyperlinks found in BAY AREA BIOMECHANICS’ websites shall not be construed as an endorsement or verification of such third party websites or the contents found therein by BAY AREA BIOMECHANICS and its affiliates. You agree that your access to and/or use of such third party websites is at your sole risk and subject to these terms and conditions of access and/or use of such third party websites.
UNDER NO CIRCUMSTANCES WILL BAY AREA BIOMECHANICS OR ANY OF ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS, DAMAGES, LOSSES, EXPENSES, COSTS OR LIABILITIES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF OPPORTUNITY) ARISING FROM YOUR ACCESS AND/OR USE OF ANY OF BAY AREA BIOMECHANICS’ WEBSITE(S) OR ONLINE SERVICES, EVEN IF BAY AREA BIOMECHANICS OR ANY OF ITS AFFILIATES HAS BEEN INFORMED ABOUT THE POSSIBILITY OF SUCH DAMAGES.
Medical Disclaimer
Bay Area Biomechanics is not engaged in rendering medical advice, nor does it (or any of its employees, agents or representatives) hold itself of out as qualified to do so. We strongly recommend that you seek that you seek professional medical advice before embarking on any diet or exercise program. Any exercise program, even in healthy individuals, carries risk. You have a responsibility to exercise your own personal judgment, as well as any other considerations, before acting on any of the content provided by us.
Governing Law
By assessing BAY AREA BIOMECHANICS’ websites and online services, you agree that such access and/or use, as well as these Terms shall be governed by the internal laws of the state of California without regards to its conflicts of laws principles and you agree to submit to the exclusive jurisdiction of the courts of San Francisco, California, and waive any right to bring any action against the other Party in any other jurisdiction or courts.
Miscellaneous
No failure or delay by BAY AREA BIOMECHANICS to exercise or enforce any of its rights under these Terms will operate as a waiver of such rights nor will such failure or delay in way prejudice or affect its right at any time thereafter to act strictly in accordance with our rights under the Terms.
All sales will be transacted in U.S. Dollars. All of our sales are final. There are no refunds, exchanges or transfers of sessions.
PRIVACY POLICY
To Our Individual Clients
Your privacy is important to Speed Power Strength Partners, Inc. (“BAY AREA BIOMECHANICS” or “us”), and maintaining your trust and confidence is one of our highest priorities. We respect your right to keep your personal information confidential and understand your desire to avoid unwanted solicitations. Providing personal information is an act of trust and it is taken seriously. Unless given consent to do otherwise, BAY AREA BIOMECHANICS will only collect and use personal information as set out below. We are disclosing this policy to you so that you will have a better understanding of what we do with the information you provide us and how we keep it private and secure. Except as otherwise described in this notice, we restrict access to nonpublic personal information about you to employees of our gym who must use that information to provide services to you. Thank you for allowing us to serve all your fitness needs. We value your business and are committed to protecting you privacy. Please call us if you have any questions or if we can be of further service.
A. Types of Information We Collect
We collect certain personal only when that information is provided by you or is obtained by us with your authorization. This information is collected to organize your client file. As a general rule, we do not disclose personal information about our clients or former clients to anyone for any reason without your consent or authorization.
B. Using and Disclosing Your Personal Information
Personal Information will be used for the following primary purpose:
• To fulfill obligations under your membership agreement and/or any other contract between you and BAY AREA BIOMECHANICS.
• To render services under your membership agreement.
• To provide information about products, service and/or special offers.
• To obtain opinions or comments about products and/or services.
• To record statistical data for marketing analysis.
BAY AREA BIOMECHANICS may employ other companies or individuals to assist us in providing our services, or to provide certain services such as providing marketing assistance or consulting services. These third parties may have access to information needed to perform their function but cannot use that information for other purposes.
Service Providers
We use a third party email service provider to send out emails on our behalf. We use discussion board and forum software to give you an opportunity to communicate with other members while using our site. You will always be asked to sign-up for any of our third party software and we do not give your information to them for any reason.
Access To Personal Information
If you’re Collected Information changes, or if you no longer desire our service, you may correct, update, and delete/deactivate it by emailing our customer support at bayareabiomechanics@gmail.com. We will respond to your request promptly.
Storage and Security of Personal Information
BAY AREA BIOMECHANICS will take all reasonable steps to keep secure any personal information recorded, and to keep this information accurate and up to date. The information is stored on secure servers if in digital format, or in locked areas if in hardcopy format. BAY AREA BIOMECHANICS employees are obliged to respect the confidentiality of any personal information. However, security of communications over the Internet cannot be guaranteed, and therefore absolute assurance that information will be secure at all times cannot be given. BAY AREA BIOMECHANICS will not be held responsible for events arising from unauthorized access to personal information.
BAY AREA BIOMECHANICS and Links to Other Websites
BAY AREA BIOMECHANICS provides links to web sites outside of the BAY AREA BIOMECHANICS site. These linked sites are not under the control of BAY AREA BIOMECHANICS, and BAY AREA BIOMECHANICS is not responsible for the conduct of companies linked to the BAY AREA BIOMECHANICS web site, nor for the performance or otherwise of any content and/or software contained in such external websites.