PowerStretch Wellness

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Terms and Conditions

This Agreement sets forth the standards of use for the www.powerstretchwellness.com website (the “Website”) the PowerStretch Wellness® Mobile Application (the “Mobile Application”), and the PowerStretch Wellness® In-Store Forms Application (the “In-Store Application”) (the Mobile Application and In-Store Application are collectively the “Applications”) and/or other Applications. This Agreement is intended to apply broadly and it governs any and all access and use of the Website and/or the Applications, the information or content contained on the Website and/or the Applications, and all aspects of the Service (defined below).

By using the Website and/or Applications, you (“you” or “your”) agree to this Agreement. If you do not agree to this Agreement, you may not use the Website or either of the Applications.

THIS AGREEMENT SETS FORTH LEGALLY BINDING TERMS AND GOVERNS YOUR ACCESS TO AND ALL USE OF THE WEBSITE AND/OR THE APPLICATION(S) AND THE INFORMATION OR CONTENT CONTAINED ON ANY ONE OR ALL OF THEM, AND ANY OF THE SERVICES (DEFINED BELOW). BY ACCESSING OR USING THE WEBSITE, THE APPLICATION(S) AND/OR THE INFORMATION OR CONTENT CONTAINED ON ANY ONE OF THEM, AND/OR ANY SERVICE (DEFINED BELOW), YOU ARE ACCEPTING THIS AGREEMENT AND YOU REPRESENT AND WARRANT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, (2) YOU ARE AT LEAST 18 YEARS OLD, AND (3) YOU HAVE THE RIGHT AND AUTHORITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE WEBSITE, EITHER OF THE APPLICATIONS AND/OR THE INFORMATION OR CONTENT CONTAINED ON ANY ONE OF THEM, AND/OR ANY SERVICE (DEFINED BELOW) IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE WEBSITE, EITHER OF THE APPLICATIONS AND/OR THE INFORMATION OR CONTENT CONTAINED ON ANY ONE OF THEM, and/OR ANY SERVICE (DEFINED BELOW).

Certain features of the Website and/or Applications may be subject to additional terms that will be provided on the Website and/or either or both of the Applications in connection with such features. Any and all such additional terms are incorporated by reference into this Agreement. In the event of a conflict between the additional terms and any provision in this Agreement, the additional terms will prevail, but only with respect to the Website, the Application(s) and/or any Service (defined below) to which the additional terms apply. Use of the Website and/or the Application(s) is also governed by the Terms and Conditions of any Wellness Agreement you may have entered with your massage therapist and operated PowerStretch Wellness location. Your continued use of the Website, Application(s) and/or the content or information contained on any one of them, and/or any Service (defined below) is an acknowledgement and acceptance that neither PowerStretch, Inc. or PowerStretch Wellness nor any of its past, present, or future affiliates and their respective officers, directors, incorporators, members, partners, owners, agents, management, controlling parties, entity under common control, vendors, service providers, attorneys, employees, or representatives (all of all of whom are third-party beneficiaries of the Agreement and are collectively referred to as the PowerStretch, Inc. Entity”) is a party to any Wellness Agreement you may enter with PowerStretch Wellness. Your continued use of the Website, the Application(s) and/or any Service (defined below) is an acknowledgement and acceptance by you that the PowerStretch Wellness Entity are not responsible for any acts or omissions related in any way to your use of the Website, the Application(s), or any Service (defined below).

PowerStretch, Inc. reserves the right, at any time, to modify, alter, or update this Agreement without prior notice. Modifications shall become effective immediately upon being posted in the Website and/or any Application. Your continued use of the Website, any Application and/or any Service (defined below) after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

DESCRIPTION OF SERVICE

Through the Website and/or the Application(s), PowerStretch, Inc. is providing you with information about products and services offered at PowerStretch Wellness location, including massage and therapeutic stretching sessions; (b) provide information to and complete forms with your massage therapist regarding massage and therapeutic stretching sessions; (c) enter into and use benefits under any Wellness Agreement entered with PowerStretch Wellness location; (d) purchase and/or redeem gift cards; (e) purchase of massage and therapeutic stretching sessions and product at PowerStretch Wellness location as a guest; (f) view information about a PowerStretch Wellness location nearest you; complete customer satisfaction surveys.

You must (1) provide all equipment necessary for accessing the Website and/or other Application, (2) provide for your access to the Internet to use the Website and/or other Application, and (3) pay any fees related with such Internet or equipment.

DISCLAIMER OF WARRANTIES.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE, and/or other APPLICATION(S), THE INFORMATION OR CONTENT CONTAINED ON ANY OF THEM AND/OR ANY SERVICE IS AT YOUR SOLE RISK AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, APPLICATIONS, AND ANY CONTENT OR INFORMATION PROVIDED BY ON ANY OF THEM AND/OR any SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE POWERSTRETCH WELLNESS ENTITY HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE AND THE APPLICATIONS, THE INFORMATION CONTAINED ON ANY OF THEM AND/OR ANY SERVICE EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT. THE POWERSTRETCH WELLNESS ENTITY DO NOT WARRANT THAT THE WEBSITE, THE APPLICATIONS, ANY CONTENT PROVIDED BY ANY OF THEM AND/OR ANY SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE AND/OR THE APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE, THE APPLICATIONS AND/OR THE INFORMATION CONTAINED ON ANY OF THEM WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY POWERSTRETCH, INC. OR ITS AUTHORIZED REPRESENTATIVES or any employee at a PowerStretch Wellness LOCATION WILL CREATE A WARRANTY.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM POWERSTRETCH, INC, OR THROUGH THE WEBSITE AND/OR THE APPLICATIONS, THE INFORMATION CONTAINED ON ANY OF THEM AND/OR the SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

THE FOREGOING EXCLUSIONS SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF this AGREEMENT OR YOUR USE OF THE WEBSITE, THE application(S) and/or the information and content provided by ANY OF THEM AND/OR ANY SERVICE. Some jurisdictions do not allow the exclusion of implied warranties, and therefore IN SUCH INSTANCES, the above-referenced exclusion is inapplicable.

LIMITATION OF LIABILITY

YOU UNDERSTAND THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE POWERSTRETCH WELLNESS ENTITY SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR THE ME ENTITY SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE WEBSITE, THE APPLICATIONS OR THE INFORMATION CONTAINED ON ANY OF THEM, OR ANY SERVICE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, WARRANTY, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF THE ME ENTITY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.

INDEMNIFICATION

You agree to indemnify and hold the PowerStretch Wellness Entity harmless from any claims, demands, liabilities, damages, losses, and expenses, including, without limitation reasonable attorneys’ fees and costs, made by any third party due to or arising out of or connected in any way with your use of the Website, the Application(s) and/or any information or content provided on any of them, any Service, any service or product provided by or purchased from a PowerStretch Wellness location, the violation of this Agreement, using your equipment to access the Website and/or the Application(s), infringement of any intellectual property or any other right of any person or entity. The indemnification obligations under this Section shall survive the termination or expiration of this Agreement or your use of the Website, the Application(s) and/or any Service.

BINDING INDIVIDUAL ARBITRATION

PLEASE READ THIS SECTION CAREFULLY—IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Purpose. This Binding Individual Arbitration Section governs all Disputes between you and any PowerStretch Wellness Entity. The term “Disputes” is to be given the broadest possible meaning that will be enforced and means any dispute, claim, or controversy of any kind between you and any of the PowerStretch Wellness Entity that arise out of or in any way relate to (1) your access to the Website and/or the Application(s); (2) your use of the Website and/or the Application(s); (3) the provision of content, services, and/or products on or through the Website, the Application(s) and/or the Service; (4) any product or service provided by and operated by a PowerStretch location; and/or (5) this Agreement, including the validity, enforceability or scope of this Binding Individual Arbitration Section (with the exception of the Class Action Waiver clause below), whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory. The term “Disputes” includes claims that arose or accrued before you assented to this Agreement. If you have a Dispute with any PowerStretch Wellness Entity that cannot be resolved through negotiation within the time frame described in the “Notice of Dispute” clause below, you and the PowerStretch Wellness Entity with which you have a Dispute agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section, and not litigate any Dispute in court, except for those matters listed in the Exclusions from Arbitration clause. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.

Class Action Waiver. PLEASE READ THIS SECTION CAREFULLY—IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS. Any disputes, claims or controversies, whether in arbitration or court, will be conducted only on an individual basis and not on behalf of, or as part of, any purported class, consolidated, representative or private attorney general proceeding. You further agree that you shall not participate in any class, consolidated, representative or private attorney general proceeding (existing or future) brought by any third party involving a Dispute. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated. The terms of this provision will be binding on you, your heirs, successors, and assigns.

GOVERNING LAW AND JURISDICTION

THE PARTIES AGREE THAT THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO ITS CONFLICT OF LAW RULES, GOVERN THIS AGREEMENT AND ANY DISPUTES BETWEEN YOU AND any POWERSTRETCH INC. ANY DISPUTE NOT SUBJECT TO ARBITRATION WILL BE LITIGATED exclusively BY EITHER PARTY IN A COURT OF COMPETENT JURISDICTION IN EITHER THE SUPERIOR COURT OF THE STATE OF FLORIDA IN AND FOR THE COUNTY OF ORANGE OR IN the UNITED STATES DISTRICT COURT FOR THE DISTRICT OF FLORIDA.

MODIFICATIONS AND INTERRUPTION TO SERVICE

PowerStretch Wellness reserves the right to modify or discontinue the Website, the Application(s) and/or any Service at any time, with or without notice to you. The PowerStretch Wellness Entity shall not be liable to you or any third party should PowerStretch Inc exercise its right to modify or discontinue the Website, the Application(s) and/or any Service. You acknowledge and accept that PowerStretch Inc. does not guarantee continuous, uninterrupted or secure access to the Website and/or the Application(s) and operation of the Website and the Application(s) may be interfered with or adversely affected by numerous factors or circumstances outside of PowerStretch Inc’s control.

THIRD-PARTY SITES, MOBILE APPLICATIONS, AND INFORMATION

The Website and/or the Application(s) may include links to other mobile applications and sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that the PowerStretch Wellness Entity is not responsible for the accuracy or availability of, or the content located on or through, any third-party mobile application or site. Links to such mobile applications and sites do not imply any endorsement, ownership, control, authorization or sponsorship by PowerStretch Inc. of such mobile applications or sites, or the content, products, or services available from such mobile applications or sites. You acknowledge sole responsibility for and assume all risk arising from your use of any such mobile application or site. By using the Website and/or the Application(s), you expressly release the PowerStretch Wellness Entity from any and all liability arising from your use of any third-party mobile application or site. You should contact the provider, administrator or webmaster for those third-party mobile applications and sites if you have any concerns regarding such links or the content located on such mobile applications and/or sites. Your use of those third-party mobile applications and sites is subject to the terms of use and privacy policies of each mobile application and site, and we are not responsible therein. We encourage you to review said privacy policies of any third-parties’ mobile applications and sites.

GOOGLE MAPS/GOOGLE EARTH/APPLE MAPS

If you utilize Google Maps/Google Earth, Apple Maps in connection with the Website, the Application, and/or any Service, you are bound by the Google Maps/Google Earth, Apple Maps Additional Terms of Service (including the Google and Apple Privacy Policy).

MOBILE TEXT MESSAGING

By using the Website, the Application(s) and/or any Service, you agree that PowerStretch Inc. and its respective agents may communicate with you by SMS, MMS, text message, email, or other electronic means to your mobile device concerning your usage of the Website, the Application(s) and/or any Service, and/or any information or content available on the Website and/or the Application(s) and/or any Service (collectively, the “Text Services”). You further agree that PowerStretch Inc. may share information that you provide to PowerStretch Inc. through text messages, email, or other electronic means with its respective agents and that its respective agents may use such information and communicate with you concerning the Text Services and otherwise.

SECURITY AND PASSWORD; CREDIT CARD INFORMATION

You are solely responsible for maintaining the confidentiality of your password and account. Please do not share your password or account information.

Gift Card Purchases on the Website: To purchase gift cards on the Website, you will be required to enter your credit card information.

You represent and warrant that your credit card information is true and that you are authorized to use the credit card.

DISCLAIMER REGARDING ACCURACY OF LOCATION INFORMATION

Hours of operation, services provided, and other information have been provided by PowerStrech Wellness website or other public sources. While PowerStretch Inc. makes every effort to ensure that the information on the Website and the Application(s) is accurate, we make no representations or warranties as to the accuracy or reliability of any information on the Website and/or the Application(s).

COMPLIANCE WITH LAWS

You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the Website, the Application(s) or any Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

All content included or available on the Website and/or the Application(s), including site and application design, text, graphics, interfaces, and the selection and arrangements thereof is ©2020 PowerStretch Wellness with all rights reserved, or is the property of PowerStretch Inc. and/or third parties protected by intellectual property rights. Any use of materials on the Website and/or the Application(s), including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of PowerStretch Inc. is strictly prohibited. You agree not to use any robot, spider, or other automatic device, or manual process to monitor or copy the Website, the Application(s) and/or any content or information contained on any of them without prior written permission of an authorized officer of PowerStretch Inc..

OTHER TERMS

Except as otherwise stated herein, this Agreement constitutes the entire and exclusive understanding and agreement between you and PowerStretch Inc. regarding the Website, the Applications and any Service and supersedes and replaces any and all prior oral and written understandings or agreements between you and PowerStretch Inc. regarding the Website, the Applications and/or any Service. If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between PowerStretch Inc. and you in relation to your participation as a user of the Website, the Application(s) and/or any Service. You agree you may not use the Website, the Application(s) and/or any Service without accepting this Agreement and that by accepting this Agreement, you are consenting to the use and disclosure of your personally identifiable information and other practices described in our Privacy Policy. Your use of the Website, the Application(s) and/or any Service also is an acknowledgement that no PowerStretch Wellness Entity is a party to any Wellness Agreement you may have entered at your PowerStretch Wellness location.

This Privacy Policy describes how information obtained from visitors of the www.powerstretchwellness.com website (the “Website”), the PowerStretch Wellness® Mobile Application (the “Mobile Application”), and the PowerStretch Wellness® In-Store Forms Application (the “In-Store Application”) (the Mobile Application and In-Store Application are collectively the “Applications”) is collected, used, and disclosed.

Through the Website and/or the Application(s), PowerStretch, Inc. and/or PowerStretch Wellness (collectively PowerStretch, Inc. is providing you with information about products and services offered at independently owned and operated PowerStretch Wellness® location, including massage and therapeutic stretching sessions, (b) provide information to and complete forms with your independently owned and operated PowerStretch Wellness® location regarding massage and therapeutic stretching sessions; (c) enter into and use benefits under any Wellness Agreement entered into with your independently owned and operated PowerStretch Wellness® location; (d) purchase and/or redeem gift cards at an independently owned and operated PowerStretch Wellness® location; (e) purchase massage and therapeutic stretching sessions and product at an independently owned and operated PowerStretch Wellness® location as a guest; (f) view information about and find an independently owned and operated PowerStretch Wellness® location near you; (g) complete customer satisfaction surveys about an independently owned and operated PowerStretch Wellness® location.

Please note that this Policy applies to information collected by POWERSTRETCH, INC. and/or independently owned and operated PowerStretch Wellness® location through the Website and/or Applications. Your use of the Website, Application(s), and/or any information or content provided on any of them, any Service, and/or any service or product provided by or purchased from an independently owned and operated PowerStretch Wellness® location and any dispute over privacy is subject to this Policy and the Terms and Conditions, including its applicable limitations on damages and the resolution of disputes. The Terms and Conditions are incorporated by reference into this Policy.

INFORMATION COLLECTION

POWERSTRETCH, INC. and/or independently owned and operated PowerStretch Wellness® location may collect information about you directly from you and from third parties, as well as automatically through your use of the Website, Application(s), and/or Service.

Information collected directly from you:

When you use the Website, Application(s), and/or Service, certain areas or features may require you to provide personal information. If you request an appointment at an independently owned and operated PowerStretch Wellness® location, that independently owned and operated PowerStretch Wellness® location collects your name, email address, phone number, etc. (“Personally Identifiable Information” or “PII”), and information about your desired appointment (e.g., your desired date, time, and services). If you make a purchase through the Website, POWERSTRETCH, INC. will collect your payment information, including your PII and billing and shipping information. POWERSTRETCH, INC. also collects information from you when you contact POWERSTRETCH, INC. such as if you request information about an independently owned and operated PowerStretch Wellness® location. When you contact POWERSTRETCH, INC. requests your PII, geographic location, and information about the purpose of the contact and collects this information. If you make a reservation through the Mobile Application, the independently owned and operated PowerStretch Wellness® location at which you make a reservation will collect your PII and payment information. If you contact an independently owned and operated PowerStretch Wellness® location, that location may also collect information, including your PII. When you contact an independently owned and operated PowerStretch Wellness® location, that location may request your name and other PII, geographic location, and information about the purpose of your contact.

Information collected from third parties:

POWERSTRETCH, INC. and/or independently owned and operated PowerStretch Wellness® location also may collect information about you from third parties. For example, if someone purchases a gift card through the Website, POWERSTRETCH, INC. may collect the recipient’s and the purchaser’s PII and the purchaser’s payment information.

POWERSTRETCH, INC. and/or an independently owned and operated PowerStretch Wellness® location may also supplement or verify information about you from a service provider.

Information collected automatically:

POWERSTRETCH, INC. may automatically collect the following information about your use of the Website, Application(s), and/or Service through cookies, web beacons, and other technologies: your domain name; your browser type and operating system; web pages you view; links you click; your IP address; the length of time you visit the Website, Application(s), and/or use the Service; and the referring URL or the webpage that led you to the Website. POWERSTRETCH, INC. does not link the information that is automatically collected to any PII you submit while on the Website and/or while using the Application(s). Please see the section “Cookies and Other Tracking Mechanisms” below for more information.

HOW YOUR INFORMATION IS USED

POWERSTRETCH, INC. and/or independently owned and operated PowerStretch Wellness® location may use your information, including your PII, for the following purposes:

To fulfill or meet the reason the consumer provided the information. For example, if a consumer shares their name and contact information to request a price quote or ask a question about our products or Services, we will use that PII to respond to your inquiry. If you provide your Personally Identifiable Information to purchase a product or Service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.

To provide, support, personalize, and develop our Website, products, and Services.

To create, maintain, customize, and secure your account with us.

To process your requests, purchases, transactions, and payments and prevent transactional fraud.

To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.

To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).

To help maintain the safety, security, and integrity of our Website, products and Services, databases and other technology assets, and business.

For testing, research, analysis, and product development, including to develop and improve our Website, products, and Services.

To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

As described to you when collecting your Personally Identifiable Information.

To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of POWERSTRETCH, INC’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personally Identifiable Information held by POWERSTRETCH, INC. about our Website users is among the assets transferred.

SHARING INFORMATION

Neither POWERSTRETCH, INC. nor independently owned and operated PowerStretch Wellness® location will share your credit card number or any other financial information with any third party except to complete your transaction and to verify your credit card information. POWERSTRETCH, INC. and/or independently owned and operated PowerStretch Wellness® location may share your PII with third parties in the following instances:

Legal Disclaimer:

POWERSTRETCH, INC. and/or independently owned and operated PowerStretch Wellness® location shall disclose PII when required by law or under the good-faith belief that such action is necessary under applicable law. POWERSTRETCH, INC .and/or independently owned and operated PowerStretch Wellness® location may disclose PII in order to establish or exercise its or their legal rights or defend against legal claims. POWERSTRETCH, INC. and/or independently owned and operated PowerStretch Wellness® location also may share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, to protect POWERSTRETCH, INC’s and/or independently owned and operated PowerStretch Wellness® location’s property or interests or that of their agents and employees, and to protect guests of an independently owned and operated PowerStretch Wellness® location, personal safety, and/or the public.

Aggregate Information (non-personally identifiable):

POWERSTRETCH, INC. and/or independently owned and operated PowerStretch Wellness® location may share some aggregated demographic information (age, zip codes) with some of their partners. This is not linked to any PII. POWERSTRETCH, INC. and/or independently owned and operated PowerStretch Wellness® location may use third-party advertising companies to serve ads on its/their behalf. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness.

Third-Party Service Providers:

POWERSTRETCH, INC. and/or independently owned and operated PowerStretch Wellness® location may disclose information about individual users to third parties who provide services to POWERSTRETCH, INC. and/or independently owned and operated PowerStretch Wellness® location or have a contractual relationship with POWERSTRETCH, INC. or an independently owned and operated PowerStretch Wellness® location. These third parties provide a variety of services to POWERSTRETCH, INC. and/or independently owned and operated PowerStretch Wellness® location, including, without limitation, processing and verifying credit card information, tracking internet marketing campaigns, and processing credit card transactions. In addition, these third-party services may include enhancing the information POWERSTRETCH, INC. and/or independently owned and operated PowerStretch Wellness® location collect about customers of the location. POWERSTRETCH, INC. and/or independently owned and operated PowerStretch Wellness® location may also use third-party email providers to assist with sending marketing emails for POWERSTRETCH, INC. or on behalf of independently owned and operated PowerStretch Wellness® location. These companies do not retain, share, store, or use PII for any secondary purposes. Any PII that POWERSTRETCH, INC. and/or any independently owned and operated PowerStretch Wellness® location shares with any third-party service provider may only be used to provide services to POWERSTRETCH, INC. and/or independently owned and operated PowerStretch Wellness® location and the service providers will not be given permission to use such information for other purposes such as contacting guests of an independently owned and operated PowerStretch Wellness® location.

Business Transitions:

In the event POWERSTRETCH, INC. goes through a business transition, such as a merger, an acquisition by another company, or a sale of all or a portion of its assets, PII of users collected by POWERSTRETCH, INC .through the Website and/or Application(s) will, in most instances, be part of the assets transferred. Users will be notified via prominent notice on the Website and Application(s) for 30 days after a transfer of their PII, if PII will be used contrary to this policy. If as a result of the business transition, the users’ PII will be used in a manner different from that stated at the time of collection, users will be given the option to continue to share their information consistent with the notification of changes section on this Website and/or Application(s). As a result of the business transition, you may elect to discontinue the sharing of your PII and such information will not be transferred to the new entity. However, nothing in this Privacy Policy is intended to interfere with the ability of POWERSTRETCH, INC.to transfer all or part of its business and/or assets (including the Website), for any purposes, without any limitation whatsoever. POWERSTRETCH, INC. specifically reserves the right to transfer or share a copy of PII collected from the Website and/or Application(s) to the entity to whom that portion of its business relating to that information is transferred.

In the event an independently owned and operated PowerStretch Wellness® location goes through a business transition, such as a merger, an acquisition by another company, or a sale of all or a portion of its assets, PII of users collected by such independently owned and operated PowerStretch Wellness® location through the Website and/or Application(s) will, in most instances, be part of the assets transferred. Users will be notified via prominent notice on the Website and Application(s) for 30 days after a transfer of their PII if PII will be used contrary to this policy. You hereby acknowledge and agree that the PowerStretch, Inc. Entity (as defined in the Terms and Conditions) are not responsible for any damages, harm, or violation of law that may arise from the failure of an independently owned and operated PowerStretch Wellness® location to provide this notification to you. If, as a result of the business transition, the users’ PII will be used in a manner different from that stated at the time of collection, users will be given the option to continue to share their information consistent with the notification of changes section on this Website and/or Application(s). As a result of the business transition, you may elect to discontinue the sharing of your PII and such information will not be transferred to the new entity. However, nothing in this Privacy Policy is intended to interfere with the ability of an independently owned and operated PowerStretch Wellness® location to transfer all or part of its business and/or assets, for any purposes, without any limitation whatsoever. Independently owned and operated PowerStretch Wellness® location specifically reserve the right to transfer or share a copy of PII collected from the Website and/or Application(s) to the entity to whom that portion of its business relating to that information is transferred.

COOKIES AND OTHER TRACKING MECHANISMS:

POWERSTRETCH, INC., independently owned and operated PowerStretch Wellness® location, and/or our third-party service providers use cookies and other tracking mechanisms to track information about your use of the Website and/or Service. POWERSTRETCH, INC. and/or independently owned and operated PowerStretch Wellness® location may combine this information with other PII collected from you (and third-party service providers may do so on behalf of POWERSTRETCH, INC. and/or independently owned and operated PowerStretch Wellness® location).

Cookies:

Cookies are alphanumeric identifiers that POWERSTRETCH, INC. transfers to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow POWERSTRETCH, INC. to make it easier for you to navigate the Website and Service, while others are used to enable a faster log-in process or to allow POWERSTRETCH, INC .to track your activities at the Website and Service. There are two types of cookies: session and persistent cookies.

Disabling Cookies:

Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. Also a pop-up on the website will allow you the option to accept or deny cookies. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to the Website who disable cookies will be able to browse certain areas of the Website, but some features may not function.

Third-Party Analytics:

POWERSTRETCH, INC. uses automated devices and applications, such as Google Analytics, to evaluate usage of the Website and, to the extent permitted, the Application(s). POWERSTRETCH, INC. and/or independently owned and operated PowerStretch Wellness® location also may use other analytic means to evaluate the Service. POWERSTRETCH, INC. uses these tools to help it improve the Service, performance, and user experiences. These third-party entities may use cookies and other tracking technologies to perform their services. POWERSTRETCH, INC. and independently owned and operated PowerStretch Wellness® location do not share your PII with these third parties, however.

Do-Not-Track:

Currently, the Website and Application(s) do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies); you also may opt-out of targeted advertising by following the instructions in the Third-Party Ad Networks section below.

Third-Party Ad Networks:

POWERSTRETCH, INC. uses third parties, such as network advertisers, to serve advertisements on third-party websites or other media (e.g., social media platforms). This enables POWERSTRETCH, INC. and these third parties to target advertisements to you for products offered by POWERSTRETCH, INC. and products and services offered by independently owned and operated PowerStretch Wellness® location in which you might be interested. Third-party ad network providers, advertisers, sponsors, and/or traffic measurement services may use cookies, JavaScript, links, web beacons (including clear GIFs), Flash LSOs, and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you. These third-party cookies and other technologies are governed by each third party’s specific privacy policy, not this one.

Users in the United States may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page for information about opting out of interest-based advertising and their choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative (“NAI”) Consumer Opt-Out Page for information about opting out of interest-based advertising and their choices regarding having information used by third-party companies who are NAI members.

Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will remove you from those companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through the Website or on other third-party websites. Even if you opt out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page, you may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA or NAI websites, your opt out may not be effective. Additional information is available on the DAA’s website at www.aboutads.info or the NAI’s website at www.networkadvertising.org.

COMMUNICATIONS FROM THE WEBSITE AND/OR APPLICATION(S) AND YOUR CHOICES

Transactions and Service Announcements:

Users who make a purchase or reservation through the Website and/or Mobile Application will receive a number of emails and/or text messages throughout the transaction process and they may sometimes receive phone calls from POWERSTRETCH, INC’s Customer Service Department and/or independently owned and operated PowerStretch Wellness® location to ensure smooth transactions. POWERSTRETCH, INC. and/or independently owned and operated PowerStretch Wellness® location may also occasionally send out service-related announcements, for instance, if service on the Website is temporarily suspended for maintenance. Generally, these communications are not promotional in nature, and users will receive them as long as their accounts are open.

Special Offers, Newsletters, and Updates:

Out of respect for the privacy of users, POWERSTRETCH, INC. and independently owned and operated PowerStretch Wellness® location present the option to not receive these types of communications, as explained in the Choice and opt-out section below.

Choice and opt-out:

A user can change their opt-in or opt-out status in several ways:

From a Newsletter: Click on the “Unsubscribe” link within the email.

You may additionally unsubscribe by sending your request to kurt@powerstretchwellness.com

SECURITY

POWERSTRETCH, INC. and independently owned and operated PowerStretch Wellness® location take reasonable precautions to protect users’ information. When users submit information via the Website and/or Application(s), POWERSTRETCH, INC. and independently owned and operated PowerStretch Wellness® location take steps to protect users’ information both online and off-line.

Although POWERSTRETCH, INC. and independently owned and operated PowerStretch Wellness® location endeavor to create secure and reliable Websites and Application(s) and to safeguard against unauthorized disclosures of information, neither POWERSTRETCH, INC. nor independently owned and operated PowerStretch Wellness® location can assure you that PII that POWERSTRETCH, INC. and/or independently owned and operated PowerStretch Wellness® location collect will never be disclosed in a manner that is inconsistent with this Privacy Policy.

You hereby acknowledge and agree that, to the extent permissible by applicable law, the PowerStretch, Inc. Entity (as defined in the Terms and Conditions) are not responsible for any intercepted information sent via the internet or through the Application(s), and you hereby release, to the extent permissible by applicable law, the PowerStretch, Inc. Entity from any and all claims arising out of or related to the use of any intercepted information in a manner that may violate this Privacy Policy, the law, and/or your personal privacy.

USER GENERATED CONTENT

POWERSTRETCH, INC. invites you to post content on the Website, including your comments, reviews, and any other information that you would like to be available on the Website. If you post content on the Website, all of the information that you post will be available to authorized personnel of POWERSTRETCH, INC. and/or independently owned and operated PowerStretch Wellness® location.

If you post your own content on the Website, your posting may become public and POWERSTRETCH, INC. and independently owned and operated PowerStretch Wellness® location cannot prevent such information from being used in a manner that may violate this Privacy Policy, the law, and/or your personal privacy. You hereby acknowledge and agree that the PowerStretch, Inc. Entity (as defined in the Terms and Conditions) are not responsible for use of any such posted information, and you hereby release the PowerStretch, Inc. Entity from any and all claims arising out of or related to the use of any such posted information in a manner that may violate this Privacy Policy, the law, and/or your personal privacy.

EXTERNAL LINKS

The Website and/or Application(s) may contain links to other websites maintained by third parties. Please be aware that POWERSTRETCH, INC. exercises no control over linked sites and the PowerStretch, Inc. Entity (as defined in the Terms and Conditions) are not responsible for the privacy practices or the content of such sites. Each linked site maintains its own independent privacy and data collection policies and procedures, and you are encouraged to view the privacy policies of these other sites before providing any Personally Identifiable Information and/or other information. You hereby acknowledge and agree that the PowerStretch, Inc. Entity (as defined in the Terms and Conditions) are not responsible for the privacy practices, data collection policies and procedures, or the content of such third-party sites, and you hereby release the PowerStretch, Inc. Entity(as defined in the Terms and Conditions) from any and all claims arising out of or related to the privacy practices, data collection policies and procedures, and/or the content of such third-party sites.

CHILDREN UNDER 13

The Service is not designed for children under 13. If POWERSTRETCH, INC. and/or an independently owned and operated PowerStretch Wellness® location discovers that a child under 13 has provided PII to POWERSTRETCH, INC. and/or an independently owned and operated PowerStretch Wellness® location, POWERSTRETCH, INC. and/or the independently owned and operated PowerStretch Wellness® location will delete such information from its/their systems.

If you discover that your child who is under 13 has provided PII through the Website and/or Application(s) and you wish that such PII be deleted, please contact us via Postal Mail at: PowerStretch Wellness; 13650 W. Colonial Dr. Suite 110, Winter Garden, FL 34787, or by email at kurt@powerstretchwellness.com

You hereby acknowledge and agree that the PowerStretch, Inc. Entity (as defined in the Terms and Conditions) are not responsible for any PII provided by a child under 13 sent via the Website or through the Application(s) without the PowerStretch In, Entity (as defined in the Terms and Conditions) knowledge, and you hereby release the PowerStretch, Inc. Entity (as defined in the Terms and Conditions) from any and all claims arising out of or related to the use of any such information in a manner that may violate this Privacy Policy, the law, and/or your personal privacy.

Users with questions or concerns regarding their privacy or this Privacy Policy should contact via Postal Mail at: PowerStretch Wellness; 13650 W. Colonial Dr. Suite 110, Winter Garden, FL 34787, or by email at kurt@powerstretchwellness.com

CHANGES IN THIS PRIVACY POLICY

If POWERSTRETCH, INC. decides to change this Privacy Policy, POWERSTRETCH, INC. will post those changes to this page on the Website and other places POWERSTRETCH, INC. deems appropriate so that you are aware of what information POWERSTRETCH, INC. and/or independently owned and operated PowerStretch Wellness® location collect, how it is used, and under what circumstances, if any, it is disclosed or shared.

POWERSTRETCH, INC. reserves the right to modify this Privacy Policy at any time, so please review it frequently. If POWERSTRETCH, INC. makes material changes to this Policy, POWERSTRETCH, INC. will notify you here, by email at the most recent email address, if any, you provided to us, or by means of a notice on the Website and/or Application(s)

COVID-19 Update: Health & Safety Standards

We care

At PowerStretch Wellness, we thrive for balance and wellness. We also thrive for health and safety, especially in times of a global pandemic. We understand that therapeutic stretching and massage therapy are beneficial to promote wellness, not just physical but mental well-being as well. We are working hard to follow procedures and protocols to provide a safe and healthy environment for our clients, staff, and massage therapist.

Thankfully to a worldwide effort by researchers, scientists, doctors, and health care workers, we have regained hope with the majority of the population getting vaccinated against COVID-19. I am grateful to be fully vaccinated against COVID-19 to better protect myself, my family, friends, and the PowerStretch Wellness community. Creating a comfortable, safe, and healthy place for your massage therapy session is our top priority.

Cleanliness

Due to the COVID-19 global pandemic, we are reinforcing cleanliness and additional measures protocols as guided by the Centers for Disease Control.

Mandatory use of masks for the massage therapist, client, and guest at all times if not vaccinated against COVID-19.
Pre-service client health checks may include temperature checks.
Disinfect all surfaces that may have been touched or handled before, during and post-service with products registered by the EPA and approved by the CDC.
Removing and replacing all sheets and cleaned with hot water and approved CDC and EPA registered products.
Require all employees to practice good hand hygiene, including regularly washing their hands with warm water for at least 20 seconds before and after touching clients.
Availability of 60% alcohol-based hand sanitizer in the treating room and other key locations for use by all employees, clients, and guests.
Monitoring the CDC’s recommended safety watch and warning levels to implement additional measures as appropriate

Keep Going

We cannot change what is out of our control, but we can learn and adapt to new challenges. To be vigilant in an era of disease control will require that everyone do his or her part; safety and health protocols will become standard in all industries.

In addition to all the steps we are taking, we highly recommend being fully vaccinated and the use of touch-free payment methods. As a courtesy, please call at least 24-hours before the appointment should you be exposed to someone with the virus, show symptoms, or feel sick.

Thank you for your trust. We look forward to seeing you soon!

Terms and Conditions

Privacy Policy

COVID-19 Update: Health & Safety Standards

We care

We are open!

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