Terms and Conditions

TERMS OF SERVICE

EFFECTIVE SEPTEMBER 15, 2023

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

 

The NR BACH, LLC d/b/a (“BACH Fitness'') website allows users to receive information about BACH Fitness (including email newsletters), interact with other members or visitors to the BACH Fitness website, and book, cancel and pay for services offered at BACH Fitness facilities. The services (“BACH Fitness Services”) offered by BACH Fitness include but are not limited to the https://www.bach-fitness.com/website, which is hosted in the United States. These terms and conditions (“Terms of Service”) set forth the legally binding terms for your use of BACH Fitness Services. By using the BACH Fitness Services, you agree to be bound by these Terms of Service, whether you are a “Visitor” (which means that you simply browse the BACH Fitness website, or you must read these Terms of Service and indicate your acceptance during the registration process.

YOUR ACCEPTANCE

By using and/or visiting this website, you signify your agreement to these Terms of Service, as well as BACH Fitness “Privacy Policy”  and incorporated herein by reference. If you do not agree to any of these terms or to any of the terms of the BACH Fitness Privacy Policy please do not use the BACH Fitness website. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up to date version, which will always be posted at https://www.bach-fitness.com/. BACH Fitness may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

BACH FITNESS WEBSITE

These Terms of Service apply to all Users of the BACH Fitness website. The BACH Fitness website may contain links to third party websites that are not owned or controlled by BACH Fitness. BACH Fitness has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites, including privacy and data gathering practices. In addition, BACH Fitness will not and cannot censor or edit the content of any third-party site. By using the website, you expressly relieve and release BACH Fitness from any and all liability arising from your use of any third party website. Accordingly, we encourage you to be aware when you leave the BACH Fitness website and to read the terms and conditions and privacy policy of each other website that you visit. Upon leaving the BACH Fitness website these Terms of Service shall no longer govern.

BACH FITNESS ACCOUNTS

To access some features of the website, you will have to create a BACH Fitness account. You may not 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 BACH Fitness immediately of any breach of security or unauthorized use of your account. Although BACH Fitness will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of BACH Fitness or others due to such unauthorized use.

GENERAL TERMS

ELIGIBILITY

Membership is void where prohibited. This website is intended solely for Users who are 16 years of age or older. Any registration by, use of, or access to the website by anyone under 16 is unauthorized, unlicensed and in violation of these Terms of Use. By using the BACH Fitness Services or the website, you represent and warrant that you are 16 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 16 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 BACH Fitness 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. BACH Fitness 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 BACH Fitness charges fees for its services, and BACH Fitness reserves the right to change its fees from time to time at its discretion. If BACH Fitness 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 to become a member, 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 BACH Fitness 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.

 

GENERAL USE OF THE WEBSITE

PERMISSIONS AND RESTRICTIONS

BACH Fitness hereby grants you permission to access and use the website as set forth in these Terms of Service, provided that you agree not to distribute in any medium any part of the website, without BACH Fitness' prior written authorization and you agree not to alter or modify any part of the website or any of its related technologies. You will otherwise comply with the terms and conditions of these Terms of Service and all applicable local, national, and international laws and regulations. BACH Fitness reserves the right to discontinue any aspect of the BACH Fitness website at any time.

YOUR USE OF CONTENT ON THE SITE

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the BACH Fitness website. The content on the BACH Fitness 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 BACH Fitness, subject to trademark, trade dress, 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. BACH Fitness 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 BACH Fitness website or the BACH Fitness Services, provided by you to Company are non-confidential and shall become the sole property of BACH Fitness. You agree not to 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 BACH Fitness website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the BACH Fitness website or the Content therein.

TRADEMARKS

BACH Fitness”, and the “BACH Fitness” logos and other trademarks, service marks, trade names and identifying characteristics, including without limitation, the graphics, logos, designs, page headers, button icons, scripts and service names are trademarks, trade names or trade dress of BACH Fitness and its affiliates in the U.S. and/or other countries for which applications are pending, or registrations have been issued. BACH Fitness 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 BACH Fitness.

MOBILE SERVICES

The BACH Fitness 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 BACH Fitness Services via your mobile phone, (ii) the ability to receive and reply to BACH Fitness messages, (iii) the ability to browse BACH Fitness from your mobile phone and (iv) the ability to access certain BACH Fitness 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 BACH Fitness 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.

ACCOUNT TERMINATION POLICY

BACH Fitness will terminate a User’s access to its website or Mobile Services if, under appropriate circumstances, they are determined to be a repeat infringer of this Terms of Service or any other policy of BACH Fitness. YOU AGREE THAT YOUR USE OF THE BACH FITNESS WEBSITE AND MOBILE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BACH FITNESS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND MOBILE SERVICES AND YOUR USE THEREOF. BACH FITNESS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR FROM THE CONDUCT OF ANY USERS OF THE BACH FITNESS SERVICES, WHETHER ONLINE OR OFFLINE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BACH FITNESS WEBSITE. BACH FITNESS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BACH FITNESS WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BACH FITNESS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE BACH FITNESS SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND BACH FITNESS EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. BACH FITNESS CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE BACH FITNESS SERVICES.

LIMITATION OF LIABILITY

IN NO EVENT SHALL BACH FITNESS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BACH FITNESS WEBSITE OR THROUGH USE OF THE MOBILE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT BACH FITNESS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The website and Mobile Services are controlled and offered by BACH Fitness from its facilities at https://www.bach-fitness.com/. BACH Fitness makes no representations that the BACH Fitness website or BACH Fitness Mobile Services are appropriate or available for use in other locations. Those who access or use the BACH Fitness website or BACH Fitness Mobile Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

INDEMNITY

You agree to defend, indemnify and hold harmless BACH Fitness, its affiliates, parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the BACH Fitness website and Mobile Services, or your violation of any term of these Terms of Service. This defense and indemnification obligation will survive these Terms of Service and your use of the BACH Fitness website and Mobile Services.

ABILITY TO ACCEPT TERMS OF SERVICE

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 16, as neither the BACH Fitness website, nor the BACH Fitness Mobile Services are intended for children under 16. If you are under 16 years of age, then please do not use the BACH Fitness website or Mobile Services.

ASSIGNMENT

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BACH Fitness without restriction.

GOVERNING LAW; VENUE AND JURISDICTION

You agree that: (i) the BACH Fitness website and Mobile Services shall be deemed solely based in Georgia; and (ii) the BACH Fitness website and BACH Fitness Mobile Services shall be deemed a passive website that does not give rise to personal jurisdiction over BACH Fitness, either specific or general, in jurisdictions other than Georgia. These Terms of Service shall be governed by the internal substantive laws of the state of Georgia, without respect to its conflict of laws principles. Any claim or dispute between you and BACH Fitness that arises in whole or in part from the BACH Fitness website or BACH Fitness Mobile Services shall be decided exclusively by a court of competent jurisdiction located in Georgia, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Georgia. These Terms of Service, together with the Privacy Policy (located at https://www.bach-fitness.com/privacy) and any other legal notices published by BACH Fitness on the website, shall constitute the entire agreement between you and BACH Fitness concerning the BACH Fitness website and BACH Fitness Mobile Services. 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 BACH Fitness failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. BACH Fitness 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 BACH Fitness website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND BACH FITNESS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE BACH FITNESS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

ARBITRATION

YOU AND BACH FITNESS 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. Either BACH Fitness or you may demand that any dispute between BACH Fitness and you about or involving the BACH Fitness Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in New York, New York, USA, provided that the foregoing shall not prevent BACH Fitness from seeking injunctive relief in a court of competent jurisdiction. To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the BACH Fitness website or the BACH Fitness Services, provided by you to BACH Fitness are non-confidential and shall become the sole property of BACH Fitness. BACH Fitness shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such information for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

HOW TO CONTACT US

If you have any questions or concerns about the BACH Fitness Terms and Conditions for this site, its implementation or your personal information, you may contact us by email at: info@bach-fitness.com or by postal mail to BACH Fitness, 3097 Piedmont Rd NE, Atlanta, GA 30305, United States.

PRIVACY POLICY

EFFECTIVE SEPTEMBER 15, 2023

Thank you for visiting https://www.bach-fitness.com/. This site is owned by NR BACH, LLC d/b/a BACH Fitness (“BACH Fitness”), 3097 Piedmont Rd NE, Atlanta, Ga 30305. This policy governs your use of the BACH Fitness Website (the “Website”). The Website is designed to allow users to make pay-per-class and membership purchases, register for classes, buy merchandise, and communicate with BACH Fitness. BACH Fitness knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. Your privacy is important to us. To better protect your privacy, we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used at this site. Please read this privacy policy before using the site or submitting any personal information.

ACCEPTANCE OF TERMS

By visiting https://www.bach-fitness.com/, or communicating with BACH Fitness via email, you are accepting the practices described in, and the terms of, this Privacy Policy. You also consent to receive communications from BACH Fitness electronically. BACH Fitness will communicate with you by email or by posting notifications on the Website. You understand and agree that all agreements, notices, disclosures, and other communications that BACH Fitness provides electronically satisfy any legal requirement that such communications be in writing. If you do not agree to this, please refrain from using the Website. Your continued use of the Website following the posting of changes to these terms will indicate your acceptance of those changes.

GENERAL STATEMENT ON PRIVACY, PERSONAL DATA, AND COMMUNICATIONS

We will always respect your privacy. Sometimes, we may ask you for personal information like name, phone number, address, email address, etc. so that we can better serve you and offer you discounts and free stuff!   If you use the Website, 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.

THE INFORMATION WE COLLECT

We receive, collect and store any information you enter on our Web site or give us in any other way such as names, postal addresses, email addresses, credit card information etc., When voluntarily submitted by users of (and visitors to) our website. The information you provide is used to fulfill your specific request, to improve the experience on the BACH Fitness site, to ensure a successful experience at a BACH Fitness studio, and to adhere to the Terms and Conditions (located at ) you agree to when you make a purchase on our website. From time-to-time on our site you may be able to order services, products, enter contests, vote in polls or otherwise express an opinion or subscribe to one of our services. The types of personally identifiable information that may be collected, when voluntarily submitted by users of (and visitors to) our website/web pages include: name, address, e-mail address, telephone number, fax number, credit card information, and information about your interests in and use of various products, programs, and services. At certain parts of some of our sites/pages, only persons who provide us with the requested personally identifiable information will be able to order products, programs, and services or otherwise participate in the site’s activities and offerings. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features.   We also may collect and log certain non-personally identifiable information when you visit many of our web pages such as the type of browser you are using (e.g., Google Chrome, Internet Explorer), the type of operating system you are using, (e.g., Windows 8.1 or Mac OS X) and the domain name of your Internet service provider (e.g., Comcast, Time Warner Cable). This data is used to manage the website, track usage and improve the website’s 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 the time and frequency of your usage of the BACH Fitness 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 your email address to send updates, newsletters or other news regarding BACH Fitness. Users may choose not to receive email of these types by following opt-out instructions contained in such emails or by changing their notification settings under the “My Account” section of the BACH Fitness website. BACH Fitness reserves the right to send you important notices about your account even if you opt out of all voluntary email notifications.

HOW WE USE THE INFORMATION

Information about our customers is an important part of our business, and we are not in the business of selling it to others. We share customer information only as described below. We may use the information you provide about yourself to fulfill your requests for our products, programs, and services, to respond to your inquiries about our offerings, to offer you other products, programs or services that we believe may be of interest to you and to notify you when you have won one of our contests. We may share information you provide about yourself with our trusted partners, affiliates, subsidiaries and franchisees, including, without limitation, NR BACH, LLC and JJZ BACHFIT, LLC may come to acquire, represent, or otherwise obtain a financial interest in (collectively our “Company”) in order to communicate special promotions or offers. We might also tell you about new features or products. These might be our own offers or products, or third-party offers or products we think you might find interesting. We may share information with third parties who perform services on our behalf. For example, we share information with vendors who help us manage our online registration process or who assist us in providing the Services. Some vendors may be located outside of the United States. We may share information with any successor to all or part of our business. For example, if part of our business is sold we may give our customer list as part of that transaction. We may share information with our Business Partners. For example, if we are working with a third party and running a joint promotion, and we may share information for other reasons we may describe to you.

USE OF NON-PERSONALLY IDENTIFIABLE INFORMATION

We sometimes use the non-personally identifiable information that we collect to improve the design and content of our site and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze site usage, as well as to offer you products, programs, or services. We may disclose personally identifiable information in response to legal process, for example, in response to a court order, subpoena or a law enforcement agency’s request 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. Agents and contractors of BACH Fitness who have access to personally identifiable information are required to protect this information in a manner that is consistent with this Privacy Policy by, for example, not using the information for any purpose other than to carry out the services they are performing for BACH Fitness. Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure you that personally identifiable information that we collect will never be disclosed in a manner that is inconsistent with this Privacy Policy. We may on occasion combine information we receive online with outside records to enhance our ability to market to you those products or services that may be of interest to you. Finally, BACH Fitness will not use or transfer personally identifiable information provided to us in ways unrelated to the ones described above without also providing you with an opportunity to opt out of these unrelated uses.

COLLECTION OF INFORMATION BY THIRD-PARTY SITES, OFFERINGS AND SPONSORS

Our site may contain links to other sites whose information practices may be different than ours. Visitors should consult the other sites’ privacy policies as we have no control over information that is submitted to, or collected by, these third parties.

COOKIE/TRACKING TECHNOLOGY

To enhance your experience with our site may use “Cookies” and tracking technology depending upon the features offered. Cookies and tracking technology consist of text files we place in your computer’s browser to store your preferences. Cookies and tracking technology, by themselves, do not tell us your e-mail address or other personally identifiable information unless you choose to provide this information to us by, for example, registering at our site. The reason cookie and tracking technology are useful to us is for gathering information such as browser type and operating system, tracking the number of visitors to the website, understanding how visitors use the website, and to improve the content and offerings on our site. For example, we may use cookies to personalize your experience at our web pages (e.g., to recognize you by name when you return to our site), save your password in password-protected areas, and enable you to use shopping carts on our sites. We also may use cookies to offer you products, programs, or services. Aggregate cookie and tracking information may be shared with third parties. However, once you choose to furnish the site with personally identifiable information, this information may be linked to the data stored in the cookie. 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.

CHILDREN’S PRIVACY POLICY UNDER AGE 16

Our site is not intended for use by children under the age of 16. Urban Souls does not knowingly request or collect personal information from children under the age of 16. If you are under 16, 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 16 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 16, 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 age 16, please contact us at info@bach-fitness.com.

CHILDREN BETWEEN THE AGES OF 16 AND 18

If you are between the ages of 16 and 18, you may register on our website only with the involvement/permission of a parent or guardian.

OUR COMMITMENT TO SECURITY

We have put in place appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All marketing emails and newsletters from this site allow you to opt out of further marketing mailings. We use industry-standard efforts to safeguard the confidentiality of your personal information (such as firewalls and secure sockets layer software) where appropriate. Nevertheless, absolute security does not yet exist on the internet.   As we continue to evolve our website and incorporate new technologies to improve communication, our policies may change. We encourage you to refer to this policy on an ongoing basis to stay abreast of our most current privacy policy practices.

CHANGES IN OUR PRIVACY POLICY

We may change our policy from time to time. Please check our policy frequently for changes.

HOW TO STOP GETTING FUTURE EMAILS FROM US

If you no longer want to receive emails, please let us know. You can opt out/unsubscribe from receiving information at any time using the “unsubscribe from this list” or “update subscription preferences” link provided at the bottom of any email you receive from us, or by emailing info@bach-fitness.com.

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

In no event will BACH Fitness be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Website 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 BACH Fitness expressly advised of the possibility of such damage. All information is provided by BACH Fitness on an “as is” basis only. BACH Fitness 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 and your use hereof, is governed by the laws of the State of Georgia, without regard to Georgia's choice of law provisions. Any claim arising out of your use of this Website must be brought in Georgia.

HOW TO CONTACT US

If you have any questions or concerns about the BACH Fitness Privacy Policy for this site, its implementation or your personal information, you may contact us by email at: info@bach-fitness.com or by postal mail to BACh Fitness, 3097 Piedmont Rd NE, Atlanta, Ga 30305.