TERMS & CONDITIONS

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318 W. Grand Ave

Chicago IL 60654

train@strivevillage.com

DATED 3.10.17

TERMS

This policy governs your use of our website at www.strivevillage.com (hereafter “Strive Village Website”), and our 3rd party affiliatewww.wellnessliving.com (hereafter “Scheduling Website”) along with the Wellness Living mobile application (hereafter “App”). The Strive Village Website, Scheduling Website and the App are designed to allow users to make drop-in session and package purchases, schedule appointments, buy merchandise, and communicate with STRIVE Village.

GENERAL STATEMENT ON PRIVACY, PERSONAL DATA, AND COMMUNICATIONS

If you use the Strive Village Website, Scheduling Website or the App; you are responsible for maintaining the confidentiality of your account, password, and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account and password.

When you visit the Strive Village Website, visit the Scheduling Website, use the App, or communicate with Strive Village via email, you are communicating electronically. You consent to receive communications from STRIVE Village electronically. STRIVE Village will communicate with you by email or by posting notifications on the Strive Village Website, Scheduling Website and/or the App. You understand and agree that all agreements, notices, disclosures, and other communications that STRIVE Village provides electronically satisfy any legal requirement that such communications be in writing.

USER PROVIDED INFORMATION

STRIVE Village does not collect any personal information about individuals – such as names and postal codes, home addresses, and email addresses – except when such information is knowingly provided to STRIVE Village. Personal information might be obtained from online transactions such as the purchase of drop-in session or package purchases, retail purchases, and/or registration. Additionally, personal information may be transmitted as part of a form submission or in connection with other activities or services made available on the Strive Village Website, the Scheduling Website and/or the App. Any personal identification information retrieved by STRIVE Village must be voluntarily submitted by the user.

STRIVE Village may use the information provided to contact you with important information, required notices, and marketing promotions.

AUTOMATICALLY COLLECTED INFORMATION

The Strive Village Website, the Scheduling Website and the App collect some anonymous information about users automatically when individuals request pages through a browser. This information is used to keep track of the shopping cart and to help us monitor how individuals use the Strive Village Website, the Scheduling Website and the App, which allows STRIVE Village to provide an optimal experience and better service throughout the online offerings. The information collected automatically by the server does not contain anything that can identify individuals personally, such as an email or home address.

SECURITY STATEMENT

Strive Village makes every effort to ensure that all of the transactions that occur on the Strive Village Website, the Scheduling Website and the App are secure. All credit card numbers and transactions are encrypted using 128-bit Secure Socket Layer (SSL) encryption. We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve the Strive Village Website, the Scheduling Website and the App. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

WHAT IS A SECURE CONNECTION?

When a secure connection is established between your browser and a website, any data that is transferred over the connection will be encrypted to prevent it from being viewed by a third party. SSL encryption makes it very difficult for anyone to intercept or decode messages exchanged over this type of secure connection.

Browsers such as Internet Explorer, Firefox, and Safari display an image of a locked padlock on their status bar when connected to a secure site. Google Chrome shows a green locked padlock on the far left side of the status bar when there is a secure SSL connection. Firefox colors the address bar yellow when connected to a secure site. Secure transactions are also indicated when the prefix in the location bar of your browser switches from http:// or https://. The additional ‘s’ stands for ‘secure’ and indicates a secure connection to the Strive Village Website, the Scheduling Website and the App. If you do not see this padlock, if it is unlocked, or if the protocol in the location bar is not listed as https://, then any data exchanged with the website is potentially visible to others.

Depending on your browser, you may be able to view authentication information about a secure page by double-clicking on the padlock icon in the status bar. For more information on how your software establishes a secure connection, see the help files for your particular browser.

COOKIES

A cookie is a small text file that is sent to your browser from a website and stored on your computer’s hard drive. Cookies cannot read data from your hard disk or read cookie files that were created by other sites – the website that creates a cookie is the only one a browser will permit to access it.

Like many other websites and applications, the Strive Village Website, the Scheduling Website and the App use cookies to obtain certain types of information. For example, STRIVE Village might use cookies to control access to certain features such as your password and account, to customize content areas, or to analyze site activity and user behavior. STRIVE Village reserves the right to use cookies in the future in conjunction with new content or expanded functionality.

If you are concerned about the use of cookies, you can explore your web browser’s options to notify you whenever a cookie is set, or to disallow cookies altogether. You should be aware that prohibiting the use of cookies will significantly restrict access to certain types of content or features.

HOW INFORMATION IS USED

The following are examples of how STRIVE Village might use the personal information collected through the Strive Village Website, the Scheduling Website and the App:

 - If you purchase a STRIVE Village drop-in session or package, sign up for a STRIVE Village appointment, or purchase STRIVE Village retail items, the required personal information (similar to that provided during a telephone or mail order purchase) will be used to complete your order.

 - If you indicate that you are interested in receiving STRIVE Village related news and information, you may receive emails to the email address you provided as part of the registration process.

For the non-personally identifiable information collected throughout the Strive Village Website, the Scheduling Website and the App:

 - Aggregate data could be analyzed to describe the collective characteristics and behaviors of online visitors, and subsequently be used to further optimize the effectiveness of the Strive Village Website, the Scheduling Website, the App, and the overall STRIVE Village experience.

You can help STRIVE Village maintain the accuracy of your personal information by updating your account. Please update this information when you change your address, phone number, or email address. STRIVE Village will never share telephone numbers, email addresses, or any personal data with third parties.

STRIVE Village reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, at its sole discretion.

PRIVACY OF MINORS

If you are under 18, you may register and use the Strive Village Website, the Scheduling Website and the App only with the involvement of a parent or guardian. STRIVE Village does not accept the online registration of minors; please do not attempt to register on the Strive Village Website, the Scheduling Website or the App if you are under the age of 18. Registration of a minor (ages 15-17) must be completed in person at one of our studios with a parent or guardian. Minors (ages 15-17) who have submitted a Liability Waiver Form signed by a parent or guardian may sign up for sessions online. Additionally, we will need a valid photo ID of the minor and the parent/guardian to photocopy and keep on file.

If STRIVE Village discovers that a minor without a signed participant/registration waiver has submitted personal information, STRIVE Village reserves the right to delete such information. STRIVE Village does not seek or share personal information from minors throughout the Strive Village Website, the Scheduling Website or the App.

SESSIONS/CHARGES

In order to make an appointment, you must first own a drop-in session or package (multiple sessions). To buy a drop-in sessions or packages online, you can either sign up on the Scheduling Website or the App (through 3rd party vendor Wellness Living Systems Inc.) by using your email and creating a password; or if you are already registered, click login to buy a drop-in session or package and make your appointment.

You should be aware that all drop-in sessions and packages expire, and future prices are subject to change. We accept MasterCard, Visa, Discover and American Express. Cash and Check payments may only be made in a STRIVE Village studio. You can schedule Appointments online up to 3 weeks in advance, but not later than 2 hours prior to the appointment time (New Client Intro Sessions should be scheduled at least 1 Day in advance when possible.) Deadlines apply regardless of available functionality.

Your credit and/or debit card will be charged for your order when you submit your appointment. STRIVE Village will not process session charges that use an incorrect, expired, or over-the-limit credit card. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that STRIVE Village may incur in its efforts to collect any unpaid balances from you.

CANCELLATION/RESCHEDULE POLICY

In order to cancel or reschedule a STRIVE Village session and return it to your account, you must cancel or make the reschedule at least 24 hours prior to the original session. Once your session has been cancelled or rescheduled accordingly (outside of the 24-hour window), the session will be returned to your account to be used at a future date; the session is not refunded. If you do not cancel or reschedule your session 24 hours prior to the original session start time, your session will be charged accordingly.

You can cancel or reschedule your session in the following ways:

1)    Log into your account and cancel the desired session. If you want to reschedule a session, you should first cancel the original session outside of the 24-hour window and then book the newly desired session.

2)    Send an email to train@strivevillage.com and clearly request the session(s) you desire to cancel.

3)    Call the studio to cancel the session for you. You must speak with someone live or leave a voicemail.

FOR CLIENTS RUNNING LATE: We ask that you call the studio to let us know you are on the way.

WAIVER AND RELEASE

By signing up for and/or attending Sessions, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the “Sessions and Facilities”) of STABLE 45, LLC, doing business as STRIVE Village, and its subsidiaries (referred to as “Strive Village”), you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in strength and conditioning training and exercise equipment in association with the Sessions and Facilities. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death. You have read and thoroughly understand the Strive Village Liability Waiver that you agreed to upon registering your account on the Scheduling Website or the App. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff. If in the subjective opinion of the STRIVE Village staff, you would be at physical risk participating in a STRIVE Village Sessions, you understand and agree that you may be denied access to the Sessions and Facilities until you furnish STRIVE Village with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing STRIVE Village concerns and stating that STRIVE Village concerns are unfounded. In consideration of being allowed to participate in and access the Sessions and Facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Sessions and Facilities, (2) release, indemnify, and hold harmless STRIVE Village, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Sessions or use of the Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of STRIVE Village Sessions and Facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using STRIVE Village Sessions and Facilities, and should not be participating in any Sessions. 

LINKS/THIRD PARTY WEBSITES

STRIVE Village has not reviewed all the sites linked to the Strive Village Website, the Scheduling Website and the App, and is not responsible for the content or any off-site pages or other linked sites. Although a third party website and/or app may contain the STRIVE Village logo, please understand that it is independent from STRIVE Village, and that STRIVE Village has no control over the content of that website and/or app.

Going to third party or off-site websites from the Strive Village Website, the Scheduling Website and the App is at your own risk. These links do not imply endorsement of, sponsorship of, or affiliation with STRIVE Village.

INTELLECTUAL PROPERTY RIGHTS

The trademarks and trade dress of STRIVE Village are proprietary to STRIVE Village and may not be used by you for any reasons other than as expressly permitted by these terms. All the Strive Village Website, the Scheduling Website and the App content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, STRIVE Village. You have the right to view, electronically copy, and print in hard copy portions of the Strive Village Website, the Scheduling Website or the App for the sole purpose of scheduling sessions, making purchases, or other personal use.

Any other use of materials on the Strive Village Website, the Scheduling Website and the App, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of STRIVE Village, is strictly prohibited.

You acknowledge that STRIVE Village and/or third party content providers remain the owners of all the Strive Village Website, the Scheduling Website and the App materials, and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms and Conditions. STRIVE Village may discontinue or remove the Strive Village Website, the Scheduling Website and the App, or any portion thereof, or discontinue your right to use the Strive Village Website, the Scheduling Website and the App, or any portion thereof, at any time.

NOT AUTHORIZED TO PERFORM DATA MINING

You are not authorized without the prior written permission of STRIVE Village to use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on the Strive Village Website, the Scheduling Website and/or the App or accessed through the Strive Village Website, the Scheduling Website and the App. You also may not engage in the mass downloading of files from the Strive Village Website, the Scheduling Website and/or the App; use the computer processing power of t the Strive Village Website, the Scheduling Website and/or the App for purposes other than those permitted above; flood this Strive Village Website with electronic traffic designed to slow or stop its operation; or establish links to or from other websites to Strive Village Website.

NOT AUTHORIZED TO USE THIS WEBSITE FOR COMMERCIAL PURPOSES

Users are not authorized to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on any of STRIVE Village material in any way for any public or commercial purpose. Thus, you are not authorized to (i) resell or make commercial use of this site or its contents; (ii) collect or use any product listings, descriptions, photographs or prices displayed on the Strive Village Website, the Scheduling Website and/or the App in connection with the sale or resale of any STRIVE Village products or for other commercial purposes; or (iii) create, reproduce and/or distribute any materials derived from the content provided on the Strive Village Website, the Scheduling Website and/or the App. Furthermore, STRIVE Village material may not be displayed or communicated on any other website and/or app, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, User’s permission to use STRIVE Village material will automatically terminate and any copies made of STRIVE Village material must be immediately destroyed.

Any unauthorized use of STRIVE Village material may violate state and federal criminal laws, infringe copyright laws, trademark laws, the laws of privacy or publicity, and communication regulations and statutes.

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

In no event will STRIVE Village be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Strive Village Website, the Scheduling Website, the App, or on any other linked/third-party website, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling systems or otherwise, including any claims waived by you previously in this agreement even if STRIVE Village expressly advised of the possibility of such damage.

All information is provided by STRIVE Village on an “as is” basis only. STRIVE Village provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.

CHOICE OF LAW

The Strive Village Website, the Scheduling Website and the App and your use hereof, is governed by the laws of the State of Illinois, without regard to Illinois’s choice of law provisions. Any claim arising out of your use of the Strive Village Website, the Scheduling Website and/or the App must be brought in Illinois.

POLICY CHANGES

Occasional changes may be made to this document as new services and content are added to the Strive Village Website, the Scheduling Website and the App to reflect changes in STRIVE Village policies. The Terms and Conditions may be revised at any time by updating this posting. By using the Strive Village Website, the Scheduling Website and the App, you agree to be bound by any such revisions. Users of the Strive Village Website, the Scheduling Website and the App are encouraged to check this document periodically to stay informed of current privacy guidelines.

ACCEPTANCE OF TERMS

By using the Strive Village Website, the Scheduling Website and/or the App, you signify your acceptance of the Terms and Conditions. If you do not agree to this, please refrain from using the Strive Village Website, the Scheduling Website and the App. Your continued use of the Strive Village Website, the Scheduling Website and/or the App following the posting of changes to these terms will indicate your acceptance of those changes.

TERMS OF USE

CANCELLATION POLICY: There is no charge to your account if you cancel a session outside of a 24-hour window before your scheduled session. Late cancellations and no shows will be charged to your account / credit card on file as if you had attended the session. To cancel a session, please log into your online account and click the cancel button or call Strive Village and our staff will gladly assist you.

WAITLIST POLICY: If you are unable to get in a session you desire because it is booked, we highly recommend putting yourself on the waitlist. You must purchase a session BEFORE you can reserve a spot on the waitlist. If you don’t receive the desired session, a session credit will remain in your account for use on a future session; the cost of the session is not refundable.

If a spot becomes available for which you have been waitlisted before the session window closes, you will be notified and must accept the session to be scheduled. You will then receive an email confirming your session from the wait list.

PURCHASE & REFUND POLICY: Pricing is subject to change without notice. All session packages are non-transferable and non-refundable; there are no exceptions. All drop-in sessions and packages expire in 180 days with exception of the New Client Intro 2-Pack that expires 15 days from the first session. Drop-in sessions expire 180 days from purchase, and packages (excluding the New Client Intro 2-Pack) expire 180 days from the first session. No one under the age of 14 is allowed in Strive Village without parental/guardian supervision. Unused retail merchandise may be returned for a refund or exchanged within 10 days of purchase.