LEGAL
Terms & Conditions.
Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using www.stretchdspace.com (“the Site”) operated by Limber LLC (dba Stretch*d) (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.stretchdspace.com.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement. These Terms of Service set forth the legally binding terms for your use of Stretch*d Services. You are only authorized to use the Stretch*d Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Service. Please read these Terms of Service carefully and save it. If you do not agree with it, you should leave the Stretch*d website and discontinue use of Stretch*d Services immediately. If you wish to become a Member, you must read these Terms of Service and indicate your acceptance during the registration process.
ACCOUNTS
In order to access some features of the website, you will have to create a Stretch*d 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.
MEMBER SERVICES AND POLICIES
CANCELLATIONS: We have a 12-hour cancellation policy. This means you have 12 hours before your scheduled session to cancel and receive credit back to your account for future use. If you cancel after this timeframe, you forfeit that session. This also applies if you do not show up for your session. Sessions cannot be changed less than 12 hours in advance of your scheduled time.
PERSONAL BELONGINGS: You agree that Stretch*d is in no way responsible for the safekeeping of your personal belongings while you are present in the space. You assume all risk of loss for any of your personal belongings.
SPACE RULES AND REGULATIONS
All sessions and membership packages are non-refundable. No exceptions.
All sessions must be prepaid.
Reserved sessions must be changed or canceled within 12 hours of scheduled time or they will be forfeited.
Membership packages will automatically renew each month and can be canceled 7 days before the beginning of the next membership cycle.
If recovering from injury or illness, notify the Stretch*r prior to your session start time.
Stretch*rs are subject to change without notice. Please go online and click on Appointments for current schedule.
We accept VISA, MASTERCARD OR AMERICAN EXPRESS.
LIMITATION OF LIABILITY
By signing your initial “Enlistee” contract and/or attending sessions, events, activities, and other programs and using the Stretch*d space facilities and equipment, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers with Stretch*d sessions, you hereby acknowledge that you have voluntarily chosen to participate in an assisted stretch. You understand that Stretch*d strongly recommends that you consult with your physician prior to commencing any classes. By signing this document, you acknowledge that you have no medical conditions prohibiting a safe experience. By signing this document, you assume all risk for your health and well-being, and fully release and hold harmless for any responsibility, cost or damages to Limber LLC, its Stretch*rs, members and employees. You hereby acknowledge that you, and any minor* under your care, fully release. * No one under 14 may participate. A minor aged 14-18 may participate with a parent present.
The content on the Stretch*d website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Stretch*d, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Stretch*d reserves all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or services, provided by you to Company are non-confidential and shall become the sole property of Stretch*d.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.
“Stretch*d,” “Get Loose,” “Stretch*r” and the “green stylized human figure with arms and legs outstretched outward” icon and other graphics, logos, wordmarks, and designs are trademarks of Stretch*d in the U.S. and/or other countries for which applications are pending. Stretch*d’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Stretch*d.
MOBILE SERVICES
The Stretch*d Services may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase Stretch*d via your mobile phone, (ii) the ability to receive and reply to Stretch*d messages, (iii) the ability to browse Stretch*d from your mobile phone and (iv) the ability to access certain Stretch*d features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”). We do not charge for these Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding Stretch*d and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
TERMINATION
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
THIRD PARTY SITES
Our Site may contain links to third-party sites that are not owned or controlled by Limber LLC.
Limber LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.
GOVERNING LAW
This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of New York, USA, without giving effect to any principles of conflicts of law.
CHANGES TO THIS AGREEMENT
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.
We encourage you to review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
ELIGIBILITY
Membership is void where prohibited. This website is intended solely for Users who are 13 years of age or older. Any registration by, use of or access to the website by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By using Stretch*d Services or the website, you represent and warrant that you are 13 or older and that you agree to abide by all of the terms and conditions of these Terms of Service. Minors between the ages of 13 and 18 may register on our website only with the involvement of a parent or guardian.
TERM
These Terms of Service shall remain in full force and effect while you use the Stretch*d Services or are a Member. You may terminate your membership at any time, for any reason, by following the instructions on the “My Account” page or by contacting your Stretch*d directly via phone or email. Stretch*d may terminate your membership at any time, without warning, if you breach these Terms of Service. Even after membership is terminated, these Terms of Service will remain in effect.
FEES
You acknowledge that Stretch*d charges fees for its services, and Stretch*d reserves the right to change its fees from time to time in its discretion. If Stretch*d terminates your membership because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of membership or other fees.
PASSWORD
When you sign up for member Services, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify Stretch*d immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
ENTIRE AGREEMENT; NO WAIVER
These Terms of Service, together with our Privacy Policy, and any other legal notices published by Stretch*d on the website, shall constitute the entire agreement between you and Stretch*d concerning our website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Stretch*d’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Stretch*d reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Stretch*d website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
ARBITRATION
YOU AND LIMBER LLC AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the User conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.
CONTACTING US
If you have any questions about these Terms of Service, the practices of Stretch*d or its services, or your dealings with this site, please contact us at: info@stretchd.com
These Terms of Service have been updated and effective as of April 13, 2018.
PRIVACY POLICY
Your privacy is very important to us. The page below goes over in detail how we approach your data.
We will need to take your details from time to time – for example for processing payments, and learning how to offer you a better product. However, we won’t give that info to anyone else, the only use we’ll put it to is something directly related to your account.
When we take private information from you such as payment details, these are held securely to ensure privacy and are not shared.
Like virtually every company, we do use third party companies to provide some parts of our service, so when you are making payments for example, you will need to give your payment details to our payments provider. Rest assured the people we work with are trusted by millions and have excellent safeguards themselves.
WANT TO DIVE IN?
LIMBER LLC understands the importance of your privacy, and we want you to be as comfortable as possible visiting our site and using our services. This Privacy Policy governs the manner in which Stretch*d collects, uses, maintains and discloses information collected from users (each, a “User”) of the stretchdspace.com website (“Site”). This privacy policy applies to the Site and all products and services offered by Stretch*d. We hope this will help you make an informed decision about sharing personal information with us. Please read this privacy policy before using the site or submitting any personal information. By using the site, you are accepting the practices described in, and the terms of, this privacy policy. These practices may change, but any changes will be posted on this page. You are encouraged to review the privacy policy whenever you visit the site to make sure that you understand how any personal information you provide will be used.
Please note that the privacy practices set forth in this privacy policy are for this website only. If you navigate to other websites, please review the privacy policies posted at those sites.
PERSONAL IDENTIFICATION INFORMATION
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, subscribe to the newsletter, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personal identification information, except that it may prevent them from engaging in certain Site related activities.
NON-PERSONAL IDENTIFICATION INFORMATION
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
WEB BROWSER COOKIES
Our Site may use “cookies” to enhance User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly or optimally.
HOW WE COLLECT INFORMATION
Stretch*d may collect and use Users personal information for the following purposes:
To improve customer service – Information you provide helps us respond to your customer service requests and support needs more efficiently.
To personalize user experience – We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
To improve our Site – We may use feedback you provide to improve our products and service.
To process payments – We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
To run a promotion, contest, survey or other Site feature – To send Users information they agreed to receive about topics we think will be of interest to them.
To send periodic emails – We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
HOW WE PROTECT YOUR INFORMATION
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.
SHARING YOUR PERSONAL INFORMATION
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.
COMPLIANCE WITH CHILDREN’S ONLINE PRIVACY PROTECTION ACT
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our Site from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.
CHANGES TO THIS PRIVACY POLICY
Stretch*d has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.
YOUR ACCEPTANCE OF THESE TERMS
By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
CONTACTING US
If you have any questions about this Privacy Policy, the practices of Stretch*d or its services, or your dealings with this site, please contact us at: info@stretchd.com
This Privacy Policy has been updated and effective as of April 13, 2018.