TERMS & CONDITIONS
This policy governs your use of the PowderHeart website and app (the “Website” and the “App”). The Website and App are designed to allow users to make class/series purchases, register for classes, book spots, buy merchandise, and communicate with Powder Heart Holdings, LLC (“PowderHeart”).
GENERAL STATEMENT ON PRIVACY, PERSONAL DATA, AND COMMUNICATIONS
If you use the Website or 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 Website or App, or communicate with PowderHeart via email, you are communicating electronically. You consent to receive communications from PowderHeart electronically. PowderHeart will communicate with you by email or by posting notifications on the Website and App. You understand and agree that all agreements, notices, disclosures, and other communications that PowderHeart provides electronically satisfy any legal requirement that such communications be in writing.
USER PROVIDED INFORMATION
PowderHeart 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 PowderHeart. Personal information might be obtained from online transactions such as class/series purchases, retail purchases, and/or class registrations. Additionally, personal information may be transmitted as part of a form submission or in connection with other activities or services made available on the Website and App. Any personal identification information retrieved by PowderHeart must be voluntarily submitted by the user.
PowderHeart may use the information provided to contact you with important information, required notices, and marketing promotions.
AUTOMATICALLY COLLECTED INFORMATION
The Website and App collects 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 Website and App, which allows RowderHeart 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.
PowderHeart makes every effort to ensure that all of the transactions that occur on the Website and 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 Website and 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 or app, 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 PowderHeart website. 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.
A cookie is a small text file that is sent to your browser from a website or app 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 or app that creates a cookie is the only one a browser will permit to access it.
HOW INFORMATION IS USED
The following are examples of how PowderHeart might use the personal information collected through the Website and App:
* If you purchase a PowderHeart series, sign up for a PowderHeart class, or purchase PowderHeart 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 PowderHeart 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 Website and 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 website and app and the overall PowderHeart experience.
You can help PowderHeart 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. PowderHeart will never share telephone numbers, email addresses, or any personal data with third parties.
PowderHeart 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 Website and App only with the involvement of a parent or guardian. PowderHeart does not accept the online registration of minors; please do not attempt to register on the Website or App if you are under the age of 18.
A parent or guardian must sign waiver on behalf of a minor before the minor shall be permitted to participate in a class. A minor must be at least 13 years of age and at least 5 feet tall to participate in a class.
If PowderHeart discovers that personal information has been submitted by a minor without a signed participant/registration waiver, PowderHeart reserves the right to delete such information. PowderHeart does not seek or share personal information from minors throughout the Website or App.
RESERVATIONS/CHARGES/CLASSES/AND GIFT CARDS
In order to make a reservation, you must first buy a class or a series of classes. To buy an individual class or series of classes online, you can either sign up here by using your email and creating a password, or if you are already registered, click login to buy a series and make your reservation.
You should be aware that classes and series both expire, and future prices are subject to change. We accept MasterCard, Visa, and American Express. Your credit/debit card will be charged for your order when you submit your reservation. PowderHeart will not process reservation charges that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. 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 PowderHeart may incur in its efforts to collect any unpaid balances from you.
In addition to single classes, and series of classes, events and passes, you can also buy a gift certificate. PowderHeart gift certificates are called “gift cards”. Gift cards never expire and the person that you are giving them to can use his or her gift card(s) to buy classes or to buy any kind of merchandise. Once a class is purchased using a gift card, it will expire, just like any other class you buy. Gift cards, classes and series passes are not the same thing. Unlike gift cards or gift certificates, classes and series passes are for our regular group-fitness classes and use only. You cannot give classes or series passes to another as a gift. You cannot redeem your class or class series for cash and you cannot transfer it to another user unless authorized by PowderHeart.
Classes and series passes do expire. The expiration dates are posted in the description of the class, series of classes on our website and app. Future class prices are subject to change, but PowderHeart will honor your class, series of classes until the expiration date, regardless of whether there is a price increase in the interim. Your credit/debit card will be charged for your order when you buy your class, or series of classes or infrared, not when you book your class session. PowderHeart will not process reservation charges that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. 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 PowderHeart may incur in its efforts to collect any unpaid balances from you.
All introductory offers, promotions and discount codes are for one time use only per individual, unless expressly indicated to the contrary. PowderHeart reserves the right to charge the full price in the event you use an introductory offer, promotion or discount code on a duplicate basis to purchase a class. Should PowderHeart charge you the full price your rights to then cancel such class or series and/or to receive a refund shall continue to apply in accordance with our standard cancellation and refund terms. PowderHeart also reserves the right in its discretion to immediately cancel all accounts linked to you in such circumstances.
GEOGRAPHIC USE OF CLASSES
PowderHeart offers different series of classes, so that our clients can select the options that best suit their individual needs; classes and series passes may only be used in the region in which you purchased them. Before you buy a class or series of classes, it is important that you read the written descriptions we provide about what the class, or series of the same includes, its expiration date, and the region in which it may be used.
Your safety and physical wellbeing is of primary importance to PowderHeart. In order to participate in a class it is mandatory for all participants to use athletic wear and footwear. PowderHeart reserves the right to refuse entry into a class if you chose not to wear such equipment. You will not be refunded for your class in such circumstances.
RIGHT TO CANCEL
You may cancel your purchase of one class or a class series passes at any time within 48 hours of time of purchase. To cancel, mail, e-mail or deliver a signed and dated notice which states that you are canceling your purchase, and send it to contact[email protected] or PowderHeart Holdings LLC, 8411 Preston Road, Dallas, TX 75225, Attention: Refunds. PowderHeart will refund the purchase price of your unused classes within ten days after we receive your notice of cancellation.
ADDITIONAL RIGHTS TO CANCEL
You or your representative may also cancel your purchase of a class or series of classes or for any of the reasons listed below.
You may cancel your contract in any of the following circumstances. If you become disabled and, as a result, cannot physically participate in a class or event you have purchased, and your condition is verified by a doctor, PowderHeart will refund you the purchase price of your unused class or series of classes. If you die, PowderHeart will refund your representative the purchase price of your unused class or series of classes.
If you move your residence more than 50 miles from a PowderHeart studio location, you may cancel your purchase and PowderHeart will refund the purchase price of your unused class or series of classes. Depending upon where you live, you may be charged a cancellation fee. All such refunds subject to proof of change of mailing address.
If PowderHeart stops offering classes, you may cancel your purchase.
In addition to your rights of cancellation and refund if you wish to simply cancel a spot booked in a class or for rescheduling you may do so up to 10 hours from original sceduling before the applicable class or session, and in such case your class or series pass will be returned to your account to be used at a future date, subject to the applicable expiry date for such class or series of classes. You can cancel a reserved spot in the following ways:
1) Log into your account and, next to the class you wish to cancel, press “unreserve.”
2) Call the applicable studio where you have booked to cancel the class. A member of the PowderHeart team with then cancel the class on your behalf.
Please note, in fairness to all our clients, AVAILABLE SPOTS WILL BE RELEASED 5 MINUTES BEFORE A CLASS BEGINS to the PowderHeart waitlist.
FOR CLIENTS RUNNING LATE: There will be no entry into the studio five minutes after the class has started.
FOR CLIENTS LEAVING EARLY: If you’re planning on leaving early, we kindly request that you tell the instructor ahead of time.
FOR CLIENTS BOOKED FROM THE WAITLIST: Twelve hours prior to class, you may be booked from the waitlist by our system, as clients cancel. If you are booked from the waitlist, you are responsible for this reservation and standard cancellation policies apply.
Unwashed, unworn, and ticketed items can be returned within 30 days of purchase for an exchange or PowderHeart store credit only. Receipt or proof of purchase must accompany the return in order to process. All sale items and all accessories are final sale unless otherwise stated.
Private Events & Bag Blocks
Event bookings are due and payable at the time of booking and are non-refundable. All attendees must agree to these Terms and Conditions prior to attending the event. Any third party vendor that PowderHeart may permit you to bring into a PowderHeart studio as part of a private event must include PowderHeart as an additional insured to such party’s general liability insurance as a condition to the grant of such permission.
WAIVER AND RELEASE
By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment at certain of the PowderHeart locations (individually and/or collectively, the “Classes and Facilities”) of PowderHeart and its subsidiaries, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in exercise equipment use in association with the Classes 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. 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 PowderHeart staff, you would be at physical risk participating in PowderHeart’s Classes, you understand and agree that you may be denied access to the Classes and Facilities until you furnish PowderHeart with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing PowderHeart’s concerns and stating that PowderHeart’s concerns are unfounded. In consideration of being allowed to participate in and access the Classes 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 Classes and Facilities, (2) release, indemnify, and hold harmless PowderHeart, 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 Classes 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 PowderHeart’s Classes 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 PowderHeart’s Classes and Facilities, and should not be participating in any Classes. If you are on any medications, you should consult your doctor regarding your ability to use PowderHeart.
VALUABLES AND PERSONAL PROPERTY: Clients acknowledge that they have been urged to avoid bringing valuables into and unto the Facilities and that PowderHeart shall not be liable for the loss of, theft of, or damage to personal property, including items left in lockers, bathrooms, studios, or anywhere else in the Facilities. Clients acknowledge that no portion of any fees paid by them is in consideration for the safeguarding of valuables.
ETIQUETTE: To preserve the PowderHeart integrity, Clients agree to abide by PowderHeart etiquette guidelines found on PowderHeart studio walls and on the Website and App. PowderHeart reserves the right to deny access to any person PowderHeart deems to be acting in an inappropriate or unsafe manner.
LINKS/THIRD PARTY WEBSITES
PowderHeart has not reviewed all the sites linked to the Website and App, and is not responsible for the content or any off-site pages or other linked sites. Although a third-party website or app may contain the PowderHeart logo, please understand that it is independent from PowderHeart, and that PowderHeart has no control over the content of that website and/or app.
Going to third party or off-site websites or apps from the Website or App is at your own risk. These links do not imply endorsement of, sponsorship of, or affiliation with PowderHeart.
INTELLECTUAL PROPERTY RIGHTS
The trademarks and trade dress of PowderHeart are proprietary to PowderHeart 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, PowderHeart. 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 or App, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of PowderHeart, is strictly prohibited.
You acknowledge that PowderHeart 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. PowderHeart 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.
As between you and PowderHeart, you own all content that you submit to PowderHeart. You grant PowderHeart and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called “moral rights” in your content. You further grant all users of PowderHeart’s services permission to view your content for their personal, non-commercial purposes.
In participating in PowderHeart’s classes, you may be photographed, videoed or otherwise recorded by PowderHeart or third parties authorized by PowderHeart in its or such third parties producing of content which among other things PowderHeart or such third parties may use to advertise, report upon, market and/or promote PowderHeart and its services. You hereby consent to such usage of your imagery for all and any such purpose by PowderHeart and such third parties and hereby agree that PowderHeart and such third parties without any payment to you shall in all cases be the sole owner of all intellectual and other proprietary rights therein without any restriction whatsoever.
NOT AUTHORIZED TO PERFORM DATA MINING
You are not authorized without the prior written permission of PowderHeart 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 this Website or App or accessed through this Website or App. You also may not engage in the mass downloading of files from this Website and App; use the computer processing power of this Website and App for purposes other than those permitted above; flood this site with electronic traffic designed to slow or stop its operation; or establish links to or from other websites or apps to this Website and App.
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 PowderHeart’s 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 this Website or App in connection with the sale or resale of any PowderHeart products or for other commercial purposes; or (iii) create, reproduce and/or distribute any materials derived from the content provided on this Website or App. Furthermore, PowderHeart’s 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, your permission to use PowderHeart’s material will automatically terminate and any copies made of PowderHeart’s material must be immediately destroyed.
Any unauthorized use of PowderHeart’s 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 PowderHeart be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Website or App, or on any other linked/third-party website and/or app, 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 PowderHeart expressly advised of the possibility of such damage.
All information is provided by PowderHeart on an “as is” basis only. PowderHeart 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 App, and your use hereof, is governed by the laws of the State of Texas, without regard to Texas choice of law provisions. Any claim arising out of your use of this Website and App must be brought in Texas.
Occasional changes may be made to this document as new services and content are added to the Website and App to reflect changes in PowderHeart’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 and App. Your continued use of the Website and App following the posting of changes to these terms will indicate your acceptance of those changes.