SPIRE Institute/Academy Terms and Conditions of Use Ownership
Welcome to SPIRE Institute/Academy (‘SPIRE’) web site at https://www.spireinstitute.org/ (‘Site’) which is owned by SPIRE. This site is primarily owned and operated by SPIRE. The Site may also include materials owned by third parties and posted on the Site with permission to use the materials through a form of an agreement between the third party and SPIRE. This site has been created by SPIRE for informational purposes which includes personal entertainment and enjoyment. You must agree to abide by all applicable laws and agree to the Terms of Use and Privacy Policy between you and SPIRE in order to have proper authorization to access this Site and use materials on this Site. It is your responsibility to fully read these Terms of Use and save a copy. If you decide not to agree to the Terms of Use and Privacy Policy, then you should exit this Site immediately.
SPIRE suggests that you read this page frequently because SPIRE has the authority to change or modify this Agreement without notifying you.
All materials on this Site can only be used for non-commercial purposes, since all the materials are protected by United States trademark and copyright laws. If you are going to view or download any material from this Site for personal use, then you are required to keep all copyright notices attached to the material.
You are not permitted to use any of the following to acquire information, access, or copy any part of SPIRE website:
Robot
Crawl
Deep-link
Index
Algorithm
Internet Agent
Any other technology or program
Unless you have received written consent from SPIRE, then you are not permitted to reproduce, duplicate, distribute, modify, or copy any of the materials from this Site. This prohibition includes any graphics, logos, texts, videos, audios, or photographs available on this Site. You can request permission to duplicate or reproduce materials on this Site by contacting SPIRE Institute/Academy at [email protected].
In addition, you are prohibited from creating things that are based on any of the following:
Site font
Site icons
Link buttons on the site
Themes on the site
Wallpaper on the site
Even if you do not want to sell the materials, this prohibition still applies.
Submissions
Any unsolicited submissions that are sent to SPIRE through this Site, gives SPIRE the right to copy, sublicense, transmit, distribute, publish, or display the submissions and you are agreeing that the submission becomes property of SPIRE. You agree that you are not entitled to receive any compensation or notice regarding the submission. You agree that you waive your right to make any claim against SPIRE or any of its affiliates relating to unsolicited submissions, which includes, but not limited to, breach of contract or confidentiality.
Employment Opportunities
Sometimes, SPIRE will post employment opportunities on this Site and will invite people to submit resumes for our review. When you submit your application materials that includes your name and contact information, you are giving SPIRE permission to use your information for all lawful hiring purposes. SPIRE also has authorization to forward any of the information you provided with your application materials to its parents, subsidiaries and affiliates for legitimate purposes. There is no guarantee that SPIRE will interview, hire or employ any person who submits information for an employment opportunity. SPIRE makes no promise that it will review any information submitted for an employment opportunity by its users.
Termination
If SPIRE determines that you have breached this Agreement or any other relevant law or rule, then SPIRE has the right to terminate your use of or access to this Site at any time. If you have engaged in conduct that SPIRE considers inappropriate, then SPIRE has the authority to terminate your use and access of the site.
Copyright Infringement
You should notify SPIRE if you think any material on this Site infringes on your copyright. Notices of copyright infringement will be processed by SPIRE and it will take the necessary steps by the Digital Millennium Copyright Act (‘DMCA’) and other intellectual property laws. It is required by DMCA that notices of copyright infringement should be sent to the Chief Operating Officer, SPIRE Institute/Academy 5201 SPIRE Circle, Geneva Ohio 44041 or e-mail: [email protected].
Pursuant to DMCA 17 U.S.C. 512(c)(3), in order to be effective, the notice must be in writing and contain the following information:
Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Disclaimer of Liability and Warranties
By using this Site, you are agreeing that you are engaging with this Site at your own risk. The materials included on this Site are provided ‘as is’ and are provided without express or implied warranties. Meaning that SPIRE does not represent that this Site will be free from defects, free from viruses, be free of errors, or that this Site is completely accurate. By agreeing to these terms, you acknowledge that SPIRE, its parents or affiliates, including its employees, agents, directors, and officers are not liable for any errors, interruptions, defects, or viruses to your computer or system network.
You are acknowledging that SPIRE will not be liable for any offensive or illegal conduct found on this Site. You are acknowledging that SPIRE is not liable for any damages, including but not limited to, special, consequential or punitive damages in connection with your use of this Site.
No Warranty
This site is provided “as is” and without any warranty, express or implied from our subsidiaries, officers, directors, employees and our suppliers. Moreover, we along with our subsidiaries, officers, directors, employees and our suppliers disclaim any implied warranties or title, and non-infringement.
Limitation of Liability
Never shall SPIRE, our subsidiaries, officers, directors, employees and our suppliers be liable for lost profits or any incidental or consequential damages in connection with our site. You hereby waive any and all rights to bring any claim related to this site.
Indemnity
By agreeing to this Agreement, you are agreeing to defend, indemnify and hold harmless SPIRE, including its parents and affiliates together along with its employees, agents, directors, officers, and shareholders, from all claims, liabilities, damages and expenses arising out of your use of this Site, your alleged breach of this Agreement, or alleged breach of copyright or trademark.
Legal Compliance
You agree to comply with all relevant and applicable laws, statutes, ordinances, and regulations in connection with your use of our services.
General Provisions
This Agreement operates to the fullest extent possible by law. Should any provision of this Agreement be unlawful, void, or unenforceable, then that provision shall be deemed severable from this Agreement. It will not affect the validity and enforceability of any other provisions within this Agreement. This Agreement is governed by the laws of the State of Ohio.
Notices
Unless explicitly stated, notices shall be sent by mail to SPIRE Institute/Academy Attn: Jeff Orloff 5201 SPIRE Circle, Geneva Ohio 44041 or to the e-mail address you provided during the registration process. Unless the sending party is informed that the e-mail address is invalid, 24 hours after the e-mail was sent will be considered a given notice.
Resolution of Disputes
If a dispute arises between you and SPIRE, it is our goal to provide a cost-effective means of resolving the dispute in a timely fashion. You and SPIRE agree that any claim or dispute that comes about through this Agreement shall be resolved in accordance with the provisions below. Instead of using formal proceedings, we encourage you to contact us directly to seek a resolution. We will try to resolve the dispute by using an alternative dispute resolution such as mediation.
Binding Arbitration
All disputes and causes of action arising from this Site must be submitted to binding arbitration and will then be decided on a case by case basis. The arbitration shall be conducted in the state of Ohio and will be confidential pursuant to the Federal Arbitration Act. Any results or decisions from the arbitration needs to be in writing and provide explanation for all conclusions of law and fact. It must also include an assessment of the costs, expenses, and reasonable attorneys’ fees. You agree that Headings are solely for reference and does not define or limit the scope of such section. This is the entire understanding and agreement between you and SPIRE.
Copyrights (C) / Trademarks (TM)
All trademarks are owned by SPIRE or are used through a license granting permission. All materials within this Site are protected by copyright and trademark laws and must not be used for any purpose besides non-commercial viewing purposes. The following are expressly prohibited:
Reproduction
Duplication
Distribution
Derivative works
Use of audio
use of video footage
Use of stills
SPIRE respects your right to privacy and only uses your personal data in order to fulfill our commitment of providing an excellent member experience. This Privacy Policy discusses the privacy practices of SPIRE. Personal data in this Privacy Policy refers to any information relating to an identifiable person. By using our Site or social media pages, you are agreeing that you have read and understand the terms and conditions of this Privacy Policy. You expressly consent to our use of your personal information.
Effective Date: This Privacy Policy was last updated July 15th , 2020.
What Information We Collect
When you access SPIRE locations, we can collect personal data from you. SPIRE can also automatically gather certain personal information and data from you while you are interacting with SPIRE. We may collect information regarding:
Contact Information – Name, e-mail address, phone number, mailing address.
Communications and Surveys – Collection of information through e-mails you sent us, exchanges with SPIRE social media profile, and we will ask individuals to provide feedback by completing a survey.
Membership and Facility Usage Information – Members will have information collected from them regarding how they use and interact with SPIRE, including workout logs, classes booked, or times you check in.
Demographic and Fitness Information – Your date of birth, age, and gender will be collected information. This also includes height, weight, measurement, and body fat during your membership.
Transaction Information – Information such as credit/debit card number, billing address, the services purchased, and other related transaction information.
Usage Information – We can collect information about how you use and interact with SPIRE including, but not limited to duration of your visits, search terms entered, and content accessed by you.
Technical Information – Information about your internet connection, browser, computer or device, including operating system information, time zone, and download errors.
How We Use Your Personal Data
Your personal data is used to provide you with services, deliver a relevant experience with SPIRE, and to satisfy our other business needs and purposes. The use of your data helps us provide you with relevant products and information. We may use your personal data for purposes of:
Membership Administration – It is necessary for SPIRE to process your personal data in order to perform the contractual relationship with you being a client, member, or recipient of our services, which includes personal training, billing notifications, appointment reminders, and changes to club hours. SPIRE has the right to use any contact information on file in order to communicate with you regarding your membership.
Promotional and Marketing Communications – Your personal data will be used so SPIRE can provide you with special offers and promotions. We can also use your information to determine if you are eligible for different offers. SPIRE can also use your personal data to send you newsletters or promotions from our partners that could be of interest to you. If you do not want to be included on any marketing emails, then you can unsubscribe from future mailings. If you are a member and unsubscribe to marketing e-mails, please know that you will still receive administrative and operational e-mails concerning your membership.
Personalized Experience – Members can expect for their personal data to be used in order to provide them with a unique individualized experience.
Business Purposes – SPIRE uses personal data to improve our business and services, develop new business, perform market research, and advertise our business. SPIRE will also use your personal data to prevent claims of fraud and other liabilities. We only use personal data for these purposes when it is necessary to defend our legal rights or in an instance where we are required to do so by law.
How We Share Your Personal Data
Expect as described herein, SPIRE will not sell, rent, or share your personal data to third parties. We may share your personal data for the following reasons and with the following parties:
Service Providers – Personal data may be shared with other companies or individuals who provide services to SPIRE. This could include providers who assist SPIRE in maintaining its social media profiles, send mail or e-mails, and update member list. We try to limit the access of personal data to service providers only to perform their functions. In some instances, service providers may also use personal data for reasonable business purposes.
Affiliates – Personal data may be shared with SPIRE affiliates for tasks such as sending you requested information, providing you with services you have requested, administering our database, and administering your membership. Compliance or Protection – If required by law, we may disclose your personal data. This includes a response to a court order, arising out of any fraudulent activity, to enforce membership agreement, and where necessary to prevent financial loss to SPIRE.
Corporate Transactions – If there is a sale, merger, dissolution, or liquidation of SPIRE or any of its affiliates, then we may transfer personal data to a relevant third party.
Social Media and Third Party Apps – When you interact with our social media, we may share information with those social media networks. Please note that if you choose to connect to any third-party apps, then your information may be shared with those third parties.
Text Messages
From time to time, SPIRE will give you the choice to communicate with SPIRE via text message communication. Text messages could be in connection with a visit reminder. If you decide to opt in text messages, then you are agreeing to be responsible for any charges you may incur. You are not required to receive text messages but if you do, then you are consenting to receive messages from an automated system. To stop receiving text messages, reply STOP to a text you receive from SPIRE. Be aware that you will receive a text confirming that you unsubscribed. Please allow five business days to process your request.
Cookies Policy
Certain information is collected through automated means through multiple ‘cookies,’ ‘web beacons’ and IP addresses. For those of you who are unaware, a cookie is a small text file that a website saves on your computer or mobile device when you visit the site. We use cookies to know if you have visited the site before and we use cookies to help identify features that you would like the most. Web beacons allows third parties to get IP addresses, URLs of pages, timestamps, browser type, and the information from cookies. Two types of cookies and web beacons will be used: Strictly Necessary and Performance and Analytics. Strictly necessary cookies are required to operate our social media properly. Performance and Analytics cookies are used to collect information about how you interact with our social media pages, such as what pages you visit the most and if an error occurred. You have the option to manage cookies through your web browser. Almost all web browsers will allow you to stop accepting new cookies and give you information on how to disable existing cookies. Please remember that disabling cookies will limit your ability to access all features and functionalities of SPIRE social media and this Site.
Protection and Retention of Personal Data
SPIRE keeps technical safeguards in order to secure a reasonable level of security and confidentially of your personal data. SPIRE will keep your personal data for a time period that is necessary to reach the purposes within this Privacy Policy, noting record retention requirements from applicable laws.
Privacy of Minors
For users under the age of 18, you must have consent of a parent or legal guardian to use SPIRE website and social medias. SPIRE will not knowingly collect or share personal data from minors.
Links to Third-Party Sites
There may be links to other websites to enable you to connect with other sites and social media platforms such as Facebook, Instagram, and Twitter. We have no control over Third-Party Sites, and we have no responsible for their privacy practices. It is your responsibility to read the privacy policy for each Third-Party Site. SPIRE is not responsible for the privacy practices of Third-Party Sites.
Updates To Our Privacy Policy
We have the right to update this Privacy Policy from time to time, which would reflect any change in our privacy practices and applicable law. Any changes to this Privacy Policy will be posted and such changes will be effective from the date specified in the “Effective Date” section. You should check this page from time to time in order to ensure you are satisfied with our current Privacy Policy.
Contact SPIRE IA
If you have questions regarding our Privacy Policy, please contact us at [email protected] For general questions regarding SPIRE, our clubs, or social media please visit https://www.spireinstitute.org/schedule-appointment. Your feedback is much appreciated.
Phone: (440) 466-1002
Email: [email protected]
Address: 5201 SPIRE Circle, Geneva, OH 44041
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