In order to access some features of the website, you will have to create a Wall account. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account.
COLLECTION OF INFORMATION
We collect personally identifiable information, like names, postal addresses, email addresses, credit card information etc., when voluntarily submitted by our members and/or visitors. The information you provide is used to fulfill your specific request, to improve the experience on our web site, and to ensure a successful experience at the Wall. The Wall may also log non-personally-identifiable information including IP address, profile information, aggregate User data, and browser type, from Users of the site. This data is used to manage the Website, track usage and improve the Website services. This non-personally-identifiable information may be shared with third parties to provide more relevant services and advertisements to Users. User IP addresses are recorded for security and monitoring purposes. We may also record information about your usage, such as when you use the Wall website. If you are logged in, we may associate that information with your account. We may use clear GIFs (a.k.a. “Web Beacons”) in HTML-based emails sent to our Users to track which emails are opened by recipients. We may also use a User’s email address to send updates, a newsletter or news regarding the Wall. Users may choose not to receive email of these types by following opt-out instructions contained in such email. The Wall reserves the right to send you important notices about your account even if you opt out of all voluntary email notifications.
This website may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the website, and understanding how visitors use the website. Cookies can also help customize our website for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
Distribution of Information
We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (i) permitted or required by law; (ii) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or (iii) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.
Children Under Age 18
We do not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register. If you are under 18, please DO NOT attempt to register on our website or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 18 may provide any personal information to or on our website. In the event that we learn that any personal information has been submitted to the website from a child under age 18, we will delete that information as quickly as reasonably possible. If you believe that we might have any information from or about a child under 18, please contact us at firstname.lastname@example.org.
Commitment to Data Security
Occasional changes may be made to this document as new services and content are added to the Website or App to reflect changes in The Wall’s policies. The Terms and Conditions may be revised at any time by updating this posting. By using the Website or App, you agree to be bound by any such revisions. Users of the Website and App are encouraged to check this document periodically to stay informed of current privacy guidelines.
ACCEPTANCE OF TERMS
By using the Website or App, you signify your acceptance of the Terms and Conditions. If you do not agree to this, please refrain from using the Website or App. Your continued use of the Website or App following the posting of changes to these terms will indicate your acceptance of those changes.
The Wall is not responsible in any way for the safekeeping of your personal belongings while attending a class. By attending classes, events, activities, and other programs and using the Wall studio facilities, website, or equipment, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in the strenuous nature of the Wall workout program. You acknowledge that you have voluntarily chosen to participate in a program of intense physical exercise. You acknowledge that the Wall strongly recommends that you consult with your physician prior to commencing any class. You also acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You further 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. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by trainers and staff. In consideration of being allowed to participate in and access the Wall classes and studio 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 Wall classes and studio facilities, (2) release, indemnify, and hold harmless the Wall, subsidiary affiliate entities and franchisees, and each of their respective members, employees and 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 Wall classes or the Wall studio facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of the Wall’s classes and studio 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 participating in the Wall classes and use of studio facilities, and should not be participating in any classes.
INTELLECTUAL PROPERTY POLICY
The trademarks and trade dress of the Wall are proprietary to the Wall and may not be used by you for any reasons other than as expressly permitted by these terms. All Website and App content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, the Wall. You have the right to view, electronically copy, and print in hard copy portions of the Website and App for the sole purpose of making class reservations, purchases, or other personal use. Any other use of materials on the Website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of the Wall, is strictly prohibited.You acknowledge that the Wall and/or third party content providers remain the owners of all Website and 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. The Wall may discontinue or remove the Website or App, or any portion thereof, or discontinue your right to use the Website or App, or any portion thereof, at any time.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
In no event will The Wall be liable for any direct, indirect, special, or other consequential damages resulting from your use of the 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 The Wall expressly advised of the possibility of such damage. All information is provided by The Wall on an “as is” basis only. The Wall 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 Website, App, and your use hereof, is governed by the laws of the State of California, without regard to California’s choice of law provisions. Any claim arising out of your use of this Website or App must be brought in California.