TERMS OF USE

Effective Date: October 19, 2021

The website https://thebarreandyogaexperience.com is owned and operated by The Barre + Yoga Experience, LLC. (“Company”, “We”, or “Us”). The term “You” refers to any visitor or user of this website and/or online purchaser of our programs or products.

These Terms of Use govern your use of this site and any mobile applications or other online services where these Terms of Use are posted (collectively, the “Website”). Unless explicitly stated otherwise, any new tools or applications that alter or improve the current Website will be included in the definition of “Website.” Your use of the Website is subject to these Terms of Use, which You acknowledge, agree to and consent to by using the Website. These Terms of Use include our Privacy Policy, which is available at https://thebarreandyogaexperience.com/policies, hereby incorporated by reference.

We have the right to update the Terms of Use at any time. When We do, We will post a notification on the main page of our Site, and revise the updated date at the top of this page. We encourage Users to frequently check this page for any changes to stay informed about how We changes to the Terms of Use. You acknowledge and agree that it is your responsibility to review these Terms of Use and our Privacy Policy periodically and become aware of modifications. By continuing to access or use our website after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, please stop using the website.

All products and classes made available through the Website will be referred to, collectively, as the “Services.” Please read these Terms of Use carefully before ordering any Services from us. 

You should print a copy of these Terms of Use for future reference. When using the Website, You will be subject to all displayed rules and policies. Such rules and policies are hereby incorporated by reference into these Terms of Use.

1. YOUR CONDUCT & WARRANTIES
By using this site and/or by placing an order for Products/Programs, You represent that You are at least 18 years of age and are legally able to enter into a valid contract, or have the permission of a parent/guardian. You represent and warrant that You will not use the Website to:
•Violate any law (including without limitation laws related to torts, contracts, export controls, patents, trademarks, trade secrets, copyrights, defamation, obscenity, rights of publicity, or other rights) or encourage or provide instructions to another to do so;
•Misrepresent any fact (including without limitation your identity);
•Post or otherwise submit to us any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including by engaging in any denial-of-service attack or similar conduct;
Exceed your authorized access to any portion of the Website;
•Collect or store personal data about anyone;
•Modify without permission any part of the Website;
•Obtain or attempt to access or otherwise obtain any Content or information through any means not intentionally made available or provided for through the Website;
•Exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available;
•Use any robot, spider, scraper, or other automated means to access the Website for any purpose;
•Take any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; or,
Interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website or bypass any measures We may use to prevent or restrict access to the Website.

STUDIO POLICIES

2. TERMINATION OF SERVICE
You agree that We may, without prior notice, immediately terminate, limit your access to this website and/or your account, or suspend your account based on any of the following: (a) breach or violation of these Terms of Use Conditions; (b) upon request by law enforcement; (c) unforeseeable technical or security issues or problems; (d) extended periods of inactivity; or, (e) fraudulent, deceptive, or illegal activity, or other activity which We believe is harmful to this Website or its business interests. You agree that termination, limitation of access and/or suspension will be made in Our sole discretion and that We shall not be liable to You or any third party for the termination, limitation of access, and/or suspension of your account.

3. ACCESSING THE WEBSITE
You may access portions of the Website without registering. However, in order to access some portions and features of the Website, and to make purchases, You will be required to register an account with and sign into the Website. You are responsible for maintaining the confidentiality of your username, password and other information used to register and sign in to the Website, and You are fully responsible for all activities that occur under this password and username. Please immediately notify us of any unauthorized use of your account or any other breach of security by contacting us at info@thebarreandyogaexperience.com. If You use our Website over mobile devices, You hereby acknowledge that your carrier’s normal rates and fees, such as excess broadband fees, will still apply.

4. PURCHASES & ONLINE COMMERCE
We currently only use Stripe for payment processing when purchasing our Services. All information obtained during your purchase or transaction for our Services and all of the information that You give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected and retained by Stripe. We have no responsibility or liability for these independent policies of Stripe. We do not collect any of your information for payment processing. For information about our payment processing company’s privacy policies, click here.

You release us, our affiliates, and our payment processing company from any damages that You incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.

Merchandise and Class Descriptions.  
We try to be as accurate as possible. However, We do not warrant that descriptions of any Services are accurate, complete, reliable, current, or error-free.

5. SECURITY
For more information about what data We collect and how We process, store and protect such information, please refer to our Privacy Policy.

6. INTELLECTUAL PROPERTY RIGHTS
Any trademarks, taglines, and logos displayed on this website are trademarks belonging to us, or are licensed to us for our use, unless otherwise indicated. Other trademarks, service marks, names, and logos used on or through the Website, such as trademarks, service marks, names, or logos associated with third party organizations, are the trademarks, service marks, or logos of their respective owners. You are granted no right or license with respect to any of the foregoing trademarks, service marks, or logos. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein. 

All rights not expressly granted in these terms or any express written license, are reserved by us.

7. DISCLAIMERS, LIMITATION OF LIABILITY & RELEASE OF CLAIMS
By using our Website and by purchasing and/or using our Services You implicitly agree to the following Disclaimers:



Warranties Disclaimer. 
YOU USE THE WEBSITE AT YOUR SOLE RISK. WE PROVIDE THE WEBSITE "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT ANY PART OF THE WEBSITE OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTY THAT (1) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE WEBSITE RESULTS WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY CONTENT OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; OR (5) THE WEBSITE, OUR SERVERS, OR COMMUNICATIONS SENT FROM US WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

WE MAKE NO WARRANTIES AS TO OUR CLASSES OR PRODUCTS. YOU AGREE THAT CLASSES OR PRODUCTS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE CLASSES OR PRODUCTS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR CLASSES OR PRODUCTS IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.  

To the fullest extent permitted by law, We expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by You or others in connection with our Services including without limitation any liability for any delays, loss, damage, injury, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. 
 
Medical Disclaimer. 
Our classes and instruction provided within are not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through our classes is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian, or nutritionist, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information You have during or in our classes. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If You have or suspect that You have a medical or mental health issue, contact your own health care provider promptly.  We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical or psychological advice whatsoever.

Technology Disclaimer. 
We try to ensure that the availability and delivery of our online Services is uninterrupted and error-free, including our content and communications through methods like our Website and e-mail communications. However, We cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, We will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, We will be not be liable to You for damages or refunds, or for any other recourse, should our online Services or website become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Services and/or website inaccessible to you.

Links to Other Websites. 
We may provide links and pointers to other websites maintained by third parties that may take You outside of our website. These links are provided for your convenience and the inclusion of any link to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and We are not responsible for the views, opinions, facts, advice, or statements provided by external resources referenced in our Website or its Content, or their accuracy or reliability. We assume no responsibility for errors or omissions caused by other websites that may be included on our website. We have no control over the contents or functionality of those websites and so We accept no responsibility for any loss, damage, or otherwise that may arise from your use of them and therefore We do not guarantee the accuracy, completeness, or usefulness of any other website or their content. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that You understand and agree with those policies.

Limitation of Liability. 
To the fullest extent allowed by law, We will not be held responsible or liable to You in any way for any loss or damage of any sort incurred as a result of the following: DELAYING, REJECTING, OR REMOVING ANY OR ALL CONTENT AT ANY TIME FOR ANY OR NO REASON WHATSOEVER WITH OR WITHOUT NOTICE TO YOU; MODIFYING OR DISCONTINUING TEMPORARILY OR PERMANENTLY, THE WEBSITE (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE TO YOU FOR ANY OR NO REASON WHATSOEVER; IMMEDIATELY TERMINATING YOUR ACCESS TO THE WEBSITE FOR ANY OR NO REASON WHATSOEVER AND WITH OR WITHOUT NOTICE TO YOU; THE ACCURACY, USEFULNESS, OR AVAILABILITY OF ANY INFORMATION POSTED TO OR THROUGH THE WEBSITE; OR ANY LOSS OR DAMAGE OF ANY SORT INCURRED BY YOU AS A RESULT OF INTERACTIONS YOU HAVE WITH THIRD-PARTIES FOUND ON OR THROUGH THE WEBSITE.

Release of Claims. 
In no event will We be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our website, or on those affiliated with us in any way, and You hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if We are expressly advised of the possibility of such damages or difficulties. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS. IF ANY COURT DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

If You have a dispute with any party who provides advertising or third-party services on or through the Website, or with any party who provides a website linked to on the Website, You release us from any and all claims, demands, and damages (incidental, indirect, punitive, statutory, exemplary, expectation, special, or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. 

8. INDEMNIFICATION
You will indemnify and hold us harmless from any and all third-party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and expenses), relating to or arising under or out of the relationship between You and us described in these Terms and Conditions, including any breach of the representations and warranties contained herein. You hereby agree that We have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.

In the event of a dispute between us, You agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage us, our Company, or any of our Services. Where requested by law or arbitration, of course, You are not prohibited from sharing your thoughts and opinions as a part of the legal process.

If any terms of these Terms of Use are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect.

9. MISCELLANEOUS
These Terms of Use and Terms & Conditions, below, constitute the entire agreement between You and Us and govern your use of the Website and purchases made thereon.

These Terms of Use supersede any prior agreements between You and us with respect to the Website and purchases made thereon.

These Terms of Use and the rights, benefits and obligations contained herein are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns.

Any failure by us to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. Any waiver of any right or provision of these Terms and Conditions must be in writing.

Unless otherwise expressly stated herein, the laws of the United States of America and the laws of the State of Rhode Island without regard to the principles of conflicts of laws, will govern this Agreement, your use of the Website, and all matters relating to your access to, and/or use of, the Website, including all disputes between You and us. You also agree that the Website will be deemed solely based in the State of Rhode Island.

TERMS & CONDITIONS

By placing an order for merchandise, class passes and/or giftcards (“Products”), through the Website you are agreeing to the following Terms & Conditions.

1. Vouchers and Gift Cards
We may offer gift cards, discount promotions, referral credits and other types of vouchers (“Voucher”) which must be entered at the time of purchase to be applied. If paid for, the Voucher is deemed to have been sold at the time of payment for it. All of these Terms and Conditions will become applicable as between us and the holder of the Voucher (“Holder”) when the Holder redeems the Voucher by applying for a service to commence.

A Voucher may be used only once by its Holder and may not be copied, reproduced, distributed, transferred, sold, or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval.

There is no cash value to any discount or referral credit received through a promotional offer. We reserve the right to withdraw or cancel any Voucher (other than a paid-up gift card) for any reason at any time.

Vouchers may be redeemed only through our Website and not through any other website or method of communication. To use your Voucher you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these Terms and Conditions and any special conditions attached to the Voucher.

Vouchers are subject to the terms and conditions therewith. Unless otherwise explicitly stated, promotional discounts may not be combined with any other offers, are valid for new customers only, and are limited to one per household address.

2. Risk and Title
Once the Products are delivered to you, ownership and the risk of loss passes to you. By ordering any of our Products, you agree to use our Products at your own risk.

3. Price and Payment
The prices for our Products and delivery, if any, will be as quoted on this Website from time to time, except in cases of obvious error. Applicable sales taxes will be included at checkout. Our prices may change from time to time, but changes will apply only to orders that are confirmed after the changes are stated on our Website.

Payments must be made by credit or debit card. We reserve the right to change the available payment methods at any time. 

Although We make reasonable efforts to provide accurate pricing information and Product descriptions, pricing mistakes, typographical errors or mistakes regarding Product availability may occur. We reserve the right to correct such mistakes and errors. We cannot guarantee that information displayed on the Website is 100% accurate. If a Product is listed at an incorrect price or a Product description is inaccurate, We have the right, in our sole discretion, to reject any order or to cancel any orders placed for that Product. In those circumstances, if your credit card has already been charged, We will issue a credit to your credit card within a commercially reasonable amount of time.

4. Order Limitations
We reserve the right to limit, in our sole discretion, the quantities of any product that may be purchased on a per person or per order basis.


5. Refund Policy
Merchandise can be returned within 30 days of purchase, with tags still attached for a full refund, less shipping costs. We will issue a credit to your credit card within XX days of receipt of the returned merchandise.

All purchases of gift cards and classes are final and are nonrefundable. Purchase(s) of and enrollment in classes are subject to the terms of the then current BYE Student Agreement.

Since We has a clear and explicit Refund Policy that You have agreed to prior to completing the purchase of any of our Products We do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company. In the event a chargeback is placed or We receive a chargeback threat during or after your purchase, We reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. 

Questions about our refund policy should be directed to: info@thebarreandyogaexperience.com

6. Limited Product Warranty; Product Disclaimers and Liability Limitation
We warrant to you that any Product purchased from us through this Website will, on delivery, substantially conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied. If you feel that We have not met the warranty in the previous sentence, you may request a refund pursuant to our refund policy, as outlined above.

EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, WE HEREBY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL IN NO EVENT BE LIABLE FOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM THE PRODUCTS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THE PRODUCTS OR THIS WEBSITE WILL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCTS. THIS WILL CONSTITUTE OUR SOLE LIABILITY, IF ANY, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY.

7. Force Majeure
We will not be liable or responsible for any failure to perform or for any delay in performance of any of our obligations under an order that is caused by events outside our reasonable control (“Force Majeure Event”).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: an Act of God; natural disaster; act of war, terrorism, riot or invasion; the declaration of a State or Federal State of Emergency (in either Massachusetts or in the product delivery state, or a state or geographic area affecting delivery routes and carriers); the issuance of an Executive, Judicial, or Legislative Order or Advisory, act or legislation which directly affects our ability to operate or perform under this Agreement, including quarantines or other acts or actions related to a pandemic; Strikes, lock-outs or other industrial action; Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; and Impossibility of the use of public or private telecommunications networks.

Our performance under any order is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use our commercially reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which our obligations under the order may be performed despite the Force Majeure Event.

The Barre + Yoga Experience Privacy Policy

Thank you for accessing our website at https://thebarreandyogaexperience.com (the “Website”). 

The Barre + Yoga Experience, LLC (“We”, “Us”, “our”) respects the privacy of its users (“You”) and recognizes the importance of providing a secure environment for them. We know that you care how information about you is used and shared. This privacy policy describes how we collect, store, and use the information you provide to us through your use of the Website. By using this Website or any of the features contained therein, you signify your assent to this privacy policy. If you do not agree to this privacy policy, please do not use this website or our services accessed through it.

We have the right, at our sole discretion to update this privacy policy at any time. When we do, we will post a notification on the main page of our Site and 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 continued use of this website will signify your acceptance of any changes. 
This privacy policy applies only to information collected through this Website and not to any information collected from us or through us through other platforms. Please note that, when you link to other websites from this website, this privacy policy does not apply to, and cannot control the activities on, those other sites. Please check those websites for their own privacy policies.

To use our website or services we may seek personal data or information including your name, e-mail address, phone number, street address, billing information, birthday, or other personally identifying information (“Personal Information”). When you provided such Personal Information to us, you granted us permission to use and store such information as described in this Privacy Policy. We will use our best efforts to keep your Personal Information safe, secure and confidential in accordance with this Privacy Policy and our Terms of Use, which may be found on our Website. If you believe that any of your Personal Information is incorrect or incomplete, please contact us as soon as possible. We will promptly correct any Personal Information found to be incorrect.

Users may, however, visit our Site anonymously, however, that may prevent them from engaging in certain Site related activities.

 1. What data is collected?
Personal Information.
Personal Information may include, without limitation: your first and last name, age, your mailing address, your billing address, email address, telephone number, cell phone number, and credit card information. If you have set up an account that is password protected in order to use any feature on the Website, or for any other purpose for which a password is needed, that password is also part of your Personal Information. It may be possible to use portions of this Website without providing any Personal Information, but it may be necessary to provide Personal Information to utilize all features of this Website.

Demographic Information. 
For some activities, your mobile web browser or client software may transmit certain geographic information or information regarding your mobile device to Us. We may use that information to generate aggregate statistics about our user community and may provide that information to advertisers and other parties with whom we have a business relationship. In addition, We may use any such information for security, system integrity (the prevention of hacking, cheating and other improper or unlawful activities), or enforcement purposes.

When you visit this Website, we may, at our option, automatically collect and store the following types of non-personally identifiable information received from you: (i) information from server logs found on your browser; (ii) click-through statistics; (iii) Website traffic and behavioral usage (iv) your country; (v) the type of web browser you are using to access this Website; (vi) the type of operating system you are using; (vii) the name of the domain and host from which you access the Internet; (viii) the date and time you access this Website and the duration of your visit; (ix) the Internet address of the site from which you linked directly to this Website; (x) browsing history; (xi) mobile page views; and (x) the type of handset device and mobile operating system you are using (e.g. Android, iPhone, etc.). We only use this data in aggregate form, for statistical purposes, and not in a manner that would give us sufficient information to identify you personally. Automatically collected information of that kind typically provides us with a greater understanding regarding the use of this Website, including what types of content, offers and products our visitors are interested in, where they are generally located and what are their general browsing behavioral patterns. That information also allows us to determine if this Website is working properly, make changes to the Website that allows users to have better experiences on the Website, and improve the Website, our offers and promotional content so that they are more relevant to our visitors. We collect that information and track it for statistical purposes; we do not use it to identify or to market to a particular user. 

This information may be shared with advertisers, fulfillment partners and other third parties on an aggregated basis, but it does not include the Personal Information of individual users (defined below). Your network service provider normally assigns a dynamic IP address to your every time you use your mobile browser. While we do not associate IP addresses with records containing Personal Information, we will use IP addresses to identify any user who engages in misconduct or otherwise violates any applicable laws. Additionally, we may be required to disclose IP addresses pursuant to a court order or subpoena. We may also identify and track your Internet protocol (“IP”) address. An IP address is the unique number assigned to your server or internet service provider (“ISP”). We may track those IP addresses for system administration purposes, to report aggregate information, site tracking, security purposes, or to prevent our data and servers from being damaged.


2. How do we collect your Data?
Data you provide.
You directly provide Us with most of the data We collect, including when you:
•Create a User account.
•Place an order.
•Voluntarily complete a customer survey or provide feedback via email or on Facebook.
•Use or view the Website via your browser’s cookies.

Data we collect indirectly.
•Data about your use of and interaction with this website.
•Click-through data.

3. How do we use your Data?
The Personal Information you provide to us will allow us to do the following: (i) fulfill your orders for goods and services; (ii) alert you of new products or services, features, updates and enhancements; (iii) handle your customer service or technical support questions or issues; (iv) personalize your experience while using our Website; (v) deliver the type of product offerings in which you are most interested; and (vi) notify you of promotions, or special events and offers. 

We do not sell, rent, license, trade or exchange Personal Information with or to any third parties, except as otherwise provided in this privacy policy.

We may use your Personal Information for internal marketing, profiling or demographic purposes, so we can adapt our products and services, the better to suit your anticipated needs.

We may transmit your Information to, and the resulting information from, credit reference agencies to prevent fraudulent purchases.

We may need to disclose items of your Personal Information to third-party vendors to fulfill product orders, to process mailings, or to process, analyze, or store data on our behalf without requiring further notice or consent from you. Those third parties are not authorized by us to use or disclose your Personal Information for any purpose other than for use in connection with the provision of services designated by us or the delivery and processing of orders for goods. We will take reasonable measures to have those third parties maintain the confidentiality, security, and integrity of the Personal Information they obtain from us.

Google Analytics. We currently use Google Analytics to analyze user behavior. To learn how Google uses data when you use our website visit: www.google.com/policies/privacy/partners/.

Google Analytics Opt Out. You can opt-out of the Google Analytics Advertising Features We use, including through Ads Settings, Ad Settings for mobile apps, or any other available means by visiting Google Analytics’ Opt-Out page, here: https://tools.google.com/dlpage/gaoptout/.]

We reserve the right to disclose your Personal Information as required or permitted by law. For example, we may disclose it to respond to a subpoena, court order or other legal process, or in special cases when we have reason to believe that disclosing Personal Information is necessary to identify, contact, or bring legal action against you if we believe that you may be violating your agreements with us (including, without limitation, any applicable terms of use), or may be causing injury to, or interference with, us, any other user of this Website or any service, the general public or other third parties. 

Personal Information will not be disclosed to third parties, except that we may disclose Personal Information and personally identifiable information: (1) pursuant to this terms of this Privacy Policy and our Terms of Use, (2) if we are required to do so by law, (3) in the good-faith belief that such action is necessary to conform to the law, (4) to comply with any legal process served on either us or our partners, sponsors, investors, or affiliates, and (5) to protect and defend our rights or property or those of our users or purchasers. We will not sell, distribute rent, license, trade, exchange or lease your Personal Information to third parties except as otherwise provided in this privacy policy. 

4. How do we store your Data?
We have taken commercially reasonable steps to provide that all Personal Information collected by us through this website will remain secure. All data and Personal Information is stored through a data management system, currently Mariana Tek Software; however, we reserve the right to use an alternative system an any time in the future. We also use ClassPass and GymPass for the sale of class passes, and reserve the right to use additional or alternative sales apps or software. When you provided the Personal information, you agreed and acknowledged that we, including but not limited to our team, staff and affiliates, and those who manage the data management system may have access to your Personal Information, as is reasonably necessary. All data and Personal Information shall only be stored for as long as is indicated in this Privacy Policy and will be deleted within 30 days of your request, unless such information is still necessary for completion of payment(s) due or in compliance with any laws or legal orders.

Where our Website provides an opportunity to purchase products or services, we use a third-party payment processing company that utilizes industry-standard, SSL (secure sockets layer) encryption or equally sufficient protection of Personal Information received from us. Currently, we use Shopify and/or Stripe to process payments. Shopify’s and Stripe’s privacy policy can be found HERE and HERE.

However, no Internet, mobile or e-mail transmission is ever fully secure or error free. In particular, e-mail or SMS messages sent, or any other information or data sent to or from this Website, may not be secure. Therefore, users should therefore take special care in deciding what information they send to us through an Internet connection or mobile network. 

You can help us to protect your Personal Information by: (i) using a secure mobile web browser; (ii) not sharing any password or log-in data with others; and (iii) changing your password frequently. We are not responsible for any breaches of a user’s profile and access to their Personal Information which is attributed to lost or stolen usernames and passwords. In the event of an inadvertent disclosure of a user’s username and password, users are advised to change their password as soon as they become aware of such disclosure.


5. Marketing
We would like to send you information about our products and services that we think you might like. If you have agreed to receive marketing, you may always opt out later. You have the right to stop our company from contacting you for marketing purposes, or from giving your data to other members of our Company Group.

6. What are your data protection rights?
All Website users are entitled to the following:
Access—you have the right to request copies of your personal data. We may charge you a reasonable fee for this service.
Rectification—you have the right to request We correct any of your data you believe is inaccurate, or to complete information that is incomplete. 
Erasure—you have the right to request We delete your data, under certain conditions.
Restrict Processing—you have the right to request We restrict the processing of your data, under certain conditions.
Object to Processing—you have the right to object to Our processing your data, under certain conditions.
Data Portability—you have the right to request We transfer the data we have collected to another organization, or directly to you, under certain conditions.

We are required to respond to your requests within one month. To exercise any of these rights, contact us at:

Call: 401-757-0406
info@thebarreandyogaexperience.com

7. What are cookies and how do we use them?
A cookie is a small bit of computer code that we send to your computer and is stored on your hard drive. It allows a website to transfer bits of information to your computer for record-keeping purposes. A cookie stored in your computer can be used to “remember” specific data items such as your password or operational information, which allows us to speed up your future activities, saving the time you would normally spend entering information such as your password or subscription information. In addition, We may use cookies to retrieve user information for promotional, marketing, or security purposes.

For more information about cookies, visit www.allaboutcookies.org.

Types of Cookies We Use.
Functionality—We use these cookies so that We recognize you on our website and remember your previously selected preferences.
Advertising—We use these cookies to collect information about your visit to the Website, the content you viewed, and information about your browser, device and IP address. We sometimes share limited aspects of this data with third parties for advertising purposes. We may also share data collected by cookies without advertising partners. This means when you visit another website, you may be shown advertising based on your browsing patterns on our website.

How to Manage Your Cookies.
You can set your browser not to accept cookies, and the above website has instructions for removing cookies from your computer. However, you may lose access to and/or functionality of parts of the Website.

This website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your anonymized IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser; however, please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.]

8. The transfer of Personal Information.
The Personal Information you provide to us may be transferred as an asset in connection a merger or sale involving all or part of Our Company, or as part of a corporate reorganization, stock sale or other change of control. As part of its business operations, We may transfer Personal Information to servers or recipients in countries that do not provide the same level of legal data protection as the country from which you access our Website. By using our Website, you consent to the transfer of Personal Information and to the processing by us of that Personal Information.

9. How can you manage your data?
At the time you provide personal information, We will give you the option of declining any future offers or information about new products, promotions, or services. In addition, many of the messages that We may send you, such as electronic newsletters, have procedures within them to cancel the receipt of similar information in the future or later editions. You may also be given the opportunity to “opt out” of certain features or functions.

10. What about Children?
This Website is designed by us and intended to be considered as a general audience Website and is not intended for use by children. We do not intend to collect Personal Information from individual under the age of sixteen. If you are the parent or guardian of a child under sixteen who has provided Personal Information to us, please contact us by e-mailing us at info@thebarreandyogaexperience.com. If we are aware of the collection of information of a minor under the age of 16, we will make reasonable efforts to notify a parent/guardian of such as soon as we are aware of the collection. Minors require adult permission to attend virtual or love classes and must provide parent/guardian contact information.

10. Contact Us.
If you have any questions, complaints, requests or comments regarding our privacy policy or our management of your Personal Information, please contact us at:

The Barre + Yoga Experience, LLC
259 Putnam Pike, Unit 2 Smithfield, RI 02917
info@thebarandyogaexperience.com
401-757-0406
 
11. International Privacy Laws.  
If you are visiting this website from outside the United States, be aware that you are sending data, including Personal Information to the United States, where our servers are located, and may be transmitted within the United States depending on the type of information collected and purpose for processing. Privacy laws in the United States may not be a comprehensive as those in your country of residence; however, our policies for collection, processing and storage of such data shall be governed by the terms of this Terms of Use.

California Privacy Rights.
Under California law, if you are a California resident, you have the right to request the categories of Personal Information that We share with certain categories of third parties for direct marketing services. California residents may also request that we do not share your Personal information with third parties for use in direct marketing by them to you. To make such an opt-out request, please write us at the address above.

This privacy policy was last updated 10/19/2021