Last updated: December 1, 2020
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
· You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
· Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Barbell Physical Therapy and Performance, LLC at 87 Washington Avenue, North Haven, CT 06473.
· Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
· Account means a unique account created for You to access our Service or parts of our Service.
· Website refers to Barbell Physical Therapy and Performance, LLC, accessible from https://www.barbellptp.com/
· Service refers to the Website.
· Country refers to: Connecticut, United States
· Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
· Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
· Personal Data is any information that relates to an identified or identifiable individual.
· Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
· Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
· Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Collecting and Using Your Personal Data
Types of Data Collected
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
· Email address
· First name and last name
· Phone number
· Address, State, Province, ZIP/Postal code, City
· Usage Data
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies
You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service.
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser. Learn more about cookies: All About Cookies.
We use both session and persistent Cookies for the purposes set out below:
· Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
· Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
· Functionality Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
· To provide and maintain our Service, including to monitor the usage of our Service.
· To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
· For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
· To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
· To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
· To manage Your requests: To attend and manage Your requests to Us.
We may share your personal information in the following situations:
· With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
· For Business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company
· With Business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
· With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
Retention of Your Personal Data
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Disclosure of Your Personal Data
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
· Comply with a legal obligation
· Protect and defend the rights or property of the Company
· Prevent or investigate possible wrongdoing in connection with the Service
· Protect the personal safety of Users of the Service or the public
· Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.
Links to Other Websites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
· By email: email@example.com
· By visiting this page on our website: https://www.barbellptp.com/
By phone number: (203) 679-1476
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. YOU SHOULD REVIEW THESE TERMS, AS MODIFIED OR AMENDED FROM TIME TO TIME, AS THEY CREATE A BINDING CONTRACT BETWEEN YOU AND LEBAUER CONSULTING.
Binding Effect / Users. These Terms set forth the legally binding terms for your use of the Website. “Use” of or “Using” the Website includes browsing, using, or accessing all or any part of the Website and any content offered therein. Your use of the Website signifies that you have read, understand and agree to be bound by these Terms. You are only authorized to use the Website (regardless of whether your use is intended) if you agree to abide by all applicable laws and these Terms. If you do not agree to abide by all applicable laws and these Terms, you should discontinue use of the Website immediately.
Other Policies / Terms. All policies currently posted on the Website, and all policies that may be posted by us on the Website in the future, in our sole discretion, are hereby incorporated into the Terms.
Modification of Terms. WE RESERVE THE RIGHT TO CHANGE, ADD TO, OR DELETE, PORTIONS OF THESE TERMS WITHOUT FURTHER NOTICE TO YOU, IN OUR SOLE DISCRETION. If we do this, we will post such modifications on our website. Each such modification shall be effective upon posting. Your continued use of the Website after Barbell Physical Therapy and Performance, LLC posts a modification signifies your acceptance of such modification. It is your responsibility to review these Terms regularly to ensure you are aware of any changes.
Proprietary Rights to Barbell Physical Therapy and Performance, LLC Content.
- Rights to Barbell Physical Therapy and Performance, LLC Content. All content available on the Website, including without limitation, designs, text, blog posts, graphics, profiles, messages, notes, advertisements, listings, pictures, images, video, bios, information, reviews, works of authorship, applications, music, sound and other files, and their selection and arrangement (the ” Barbell Physical Therapy and Performance, LLC Content”) are the proprietary property of Barbell Physical Therapy and Performance, LLC or its licensors with all rights reserved. Except as expressly provided in these Terms or permitted by Barbell Physical Therapy and Performance, LLC, you may not copy, modify, translate, publish, broadcast, transmit, distribute, use, perform, post, display, frame, reproduce, republish, download or sell all or any part of the Barbell Physical Therapy and Performance, LLC Content, in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without Barbell Physical Therapy and Performance, LLC prior written permission.
- Copyrights/Patents. All the Website design, text, graphics, blog posts, logos, button icons, images, photos, audio clips, video clips, digital downloads, data compilations, and Barbell Physical Therapy and Performance, LLC Content, are owned solely and exclusively by Barbell Physical Therapy and Performance, LLC or its content suppliers and are protected by U.S. and international copyright or patent laws. The compilation, “look and feel” and color schemes of all content on the Website are the exclusive property of Barbell Physical Therapy and Performance, LLC and protected by U.S. and international copyright laws. All software used on the Website is the property of Barbell Physical Therapy and Performance, LLC or its software suppliers and protected by United States and international copyright or patent laws.
- Trademarks. All Barbell Physical Therapy and Performance, LLC product and service names and logos, graphics, page headers, button icons, logos, scripts, and all registered and unregistered marks and service names used by Barbell Physical Therapy and Performance, LLC are service marks, trade names, trademarks and/or trade dress of Barbell Physical Therapy and Performance, LLC or its affiliates (collectively “Barbell Physical Therapy and Performance, LLC Marks”). You may not use Barbell Physical Therapy and Performance, LLC Marks for any reason or purpose whatsoever. All trademarks not owned by Barbell Physical Therapy and Performance, LLC that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Barbell Physical Therapy and Performance, LLC.
Protecting Copyrights and Other Intellectual Property. Barbell Physical Therapy and Performance, LLC respects the intellectual property rights of others. Following is our Notice and Procedure for Making Claims of Copyright Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Barbell Physical Therapy and Performance, LLC copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Barbell Physical Therapy and Performance, LLC that your copyrighted material has been infringed.
· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
· A description of the copyrighted work that you claim has been infringed upon;
· A description of the location on the Website of the material that you claim is infringing;
· your address, telephone number, and e-mail address;
· A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
· A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Barbell Physical Therapy and Performance, LLC Agent for Notice of copyright infringement can be reached as follows:
Barbell Physical Therapy and Performance, LLC
87 Washington Avenue
North Haven, CT 06473
- Users. Barbell Physical Therapy and Performance, LLC is not responsible or liable, and makes no warranties, express or implied, for the conduct of any user of the Website.
- Third Party Web Sites. The Website may contain links to third party websites. Barbell Physical Therapy and Performance, LLC is not responsible or liable for the content, completeness, accuracy or opinions expressed on such third party websites. Inclusion of any linked website on the Website does not imply Barbell Physical Therapy and Performance, LLC approval or endorsement of, or agreement with, the content of the Web site. If you choose to access third party websites, you do so at your own risk.
- Third Party Advertisements / Applications. Barbell Physical Therapy and Performance, LLC is not responsible or liable for third party advertisements or third party applications that are posted on or through the Website, nor does it take any responsibility for the goods or services provided by its advertisers.
- Availability of the Website. The Website or any portion thereof may be unavailable from time to time for maintenance or other reasons. Barbell Physical Therapy and Performance, LLC assumes no responsibility or liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication. Barbell Physical Therapy and Performance, LLC is not responsible for any problem or technical malfunction of any telephone networks, services or lines, computer systems, online systems, servers or providers, computer, mobile phone or other equipment, software, failure of any e-mail due to technical problems or traffic congestion on the Internet or on the Website or combination thereof, including any injury or damage to your or to any other person’s computer, mobile phone, smart phone, tablet or other equipment related to or resulting from use of the Website. Under no circumstances shall Barbell Physical Therapy and Performance, LLC be responsible or liable for any loss or damage, including without limitation, personal injury, property injury or death, resulting from anyone’s use of the Website, or from the conduct of any user(s) of the Website
Disclaimer of Warranties. THE WEBSITE AND BARBELL PHYSICAL THERAPY AND PERFORMANCE, LLC CONTENT ARE PROVIDED “AS IS” AND AS AVAILABLE AND BARBELL PHYSICAL THERAPY AND PERFORMANCE, LLC EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BARBELL PHYSICAL THERAPY AND PERFORMANCE, LLC DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE. BARBELL PHYSICAL THERAPY AND PERFORMANCE, LLC DOES NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS ON THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE WEBSITE, SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS. YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES AND MALWARE. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, OR DATA FROM OR THROUGH THE WEBSITE AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND FOR ANY DAMAGE TO YOUR MOBILE DEVICE, COMPUTER SYSTEM OR OTHER EQUIPMENT, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
Limitation on Liability. IN NO EVENT SHALL BARBELL PHYSICAL THERAPY AND PERFORMANCE, LLC, ITS EMPLOYEES, REPRESENTATIVES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST DATA OR LOST PROFIT DAMAGES ARISING FROM YOUR USE OF the Website OR BARBELL PHYSICAL THERAPY AND PERFORMANCE, LLC CONTENT EVEN IF BARBELL PHYSICAL THERAPY AND PERFORMANCE, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BARBELL PHYSICAL THERAPY AND PERFORMANCE, LLC LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO BARBELL PHYSICAL THERAPY AND PERFORMANCE, LLC FOR USE OF THE WEBSITE ONLY, IF ANY, DURING THE TIME YOUR ARE A REGISTERED USER OF THE WEBSITE. YOU ACKNOWLEDGE THAT IF YOU DO NOT PAY FEES TO BARBELL PHYSICAL THERAPY AND PERFORMANCE, LLC FOR USE OF THE WEBSITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM BARBELL PHYSICAL THERAPY AND PERFORMANCE, LLC, REGARDLESS OF THE CAUSE OF ACTION.
Disputes. These Terms shall be governed by, and construed in accordance with, the laws of the State of Connecticut, without regard to its conflict of law provisions. Any and all actions or proceedings arising out of or relating to these Terms, the Website or the Barbell Physical Therapy and Performance, LLC Content, shall be instituted and litigated in a court of competent jurisdiction in New Haven County, Connecticut. You and Barbell Physical Therapy and Performance, LLC hereby agree to submit to the exclusive personal jurisdiction of the courts located in New Haven County, Connecticut to resolve any dispute arising out of these Terms, the Website or the Barbell Physical Therapy and Performance, LLC Content. EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THESE TERMS.
Indemnity. You agree to indemnify and hold harmless Barbell Physical Therapy and Performance, LLC and its representatives, officers, employees, directors, agents, and assigns, at your own expense, from and against any and all loss, liability, claims, damages, suits, demands, actions and/or costs (including without limitation reasonable attorney fees and costs) made by any third party arising out of or related to a) your actions or inactions; b) the use of your the Website account by you or any other person; c) your breach or violation of these Terms; d) your breach of the representations and warranties set forth in these Terms; and/or e) information provided by you or any person through your use of the Website.
Other. These Terms, including all documents referenced herein, as such may be modified from time to time, constitute the entire agreement between you and Barbell Physical Therapy and Performance, LLC regarding the use of the Website. The failure of Barbell Physical Therapy and Performance, LLC to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.