UPDATED JULY 9, 2013
Calamity Gym, LLC (the "Company") believes it is important to protect and respect the privacy of our customers and users of this site,
www.calamitygym.com, (the “Site”). We are committed to ensuring your privacy as a customer and guest as set forth below, and we know you care about how your personal information is collected, used, and shared.
- General. In general, you can browse certain areas of the Site without telling us who you are or revealing personal information about yourself. When you become a member of the Site, we will ask you for information that personally identifies you or allows us to contact you ("Personal Information"). We use your Personal Information for the following primary purposes:
- To make the Site easier for you to use by not having to enter information more than once.
- To help you quickly find information on the Site.
- To alert you to special offers, updated information, and any services from our company.
- To facilitate your use of our services.
- Collected Information. Our Site may collect information from you in several different ways including the following:
- Log Files. As is true of most websites, the Site may gather certain information automatically and stores it in log files. This information includes Internet Protocol (IP) addresses, browser types, Internet Service Providers (ISPs), referring/exit pages, operating systems, date/time stamps, and movements around the Site.
- Correspondence. If you send us a personal correspondence, such as an email or a letter, we may collect such information into a file specific to you.
- c. Site Usage. The Site may monitor your activities, preferences, and transactional data (such as your IP address) relating to your use of the Site and/or our services and log this information. This information may be used to diagnose technical problems or problems with your account or the Site in general.
- Customer Service. Based upon the personally identifiable information you provide us, we may communicate with you to respond to your inquiries, to provide the services you request, and to manage your account.
- Disclosure of Collected Information.
- Information from the Site. We will not disclose to non-affiliated third parties without your prior approval, your e-mail address, phone number, or other personal information, that we collect via the Site. We will, however, cooperate with official law enforcement inquiries, such as fraud investigations and subpoenas, and will disclose your information when necessary to comply with state and federal laws and regulations.
- Other Members of the Site. We will never disclose your e-mail address, phone number, or other personal information to any other member of our Site. The Company cannot be held responsible if you share your e-mail address, phone number, or other personal information to other members of our Site or to any third parties.
- Security. We are committed to ensuring that your personal information is reasonably protected when it is submitted to us and use adequate measures to protect such information collected from our Site.
- Our Site uses SSL (Secure Socket Layer) encryption to minimize the chances that your personal information can be read as it passes over the Internet. SSL deters others from seeing your personal information by scrambling it so that only your web browser and our server, can decipher it. Personal information collected by the Site is stored at a professionally managed secure commercial location. These measures make it unlikely that your personal information including any credit card information will be compromised online. However, in the event of an unauthorized use of your credit card, notify your credit card provider or issuing bank in accordance with its reporting rules and procedures.
- b. How do I know my data is safe? There are two ways to check a website is encrypting your personal and credit card data as it passes over the Internet. The first is you will notice that the URL address in the address bar of your web browser says https:// in the checkout pages, instead of http:// like it normally does. This “s” signifies that you are passing through a SSL (Secure Socket Layer) to the web server. Secondly, you should see a small padlock icon in the bottom bar of your web browser. You can double click on this icon to see additional information about the encryption features.
- Limitations of Warranties and Remedies. TO THE FULL EXTENT ALLOWED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, TERMS, OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES, TERMS, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTY OF NONINFRINGEMENT. THE COMPANY NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SERVICES THE COMPANY PROVIDES. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, EVEN IF THE COMPANY HAS, OR SHOULD HAVE HAD, ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, OF THE POSSIBILITY OF SUCH DAMAGES.
- Indemnification. You agree to defend, indemnify, and hold harmless the Company and its officers and employees (the "Company Parties") against any and all third party claims, suits, costs, losses, liabilities, and expenses of any kind (including reasonable attorneys’ fees) that the Company Parties may incur arising out of or resulting from your use of the Site or any of the products and services of the Company.
- Additional Provisions Regarding Liability. You and the Company agree that the foregoing limitations will not be read so as to limit any liability to an extent that would not be permitted under applicable law and specifically will not limit any liability for gross negligence, intentional tortious, or unlawful conduct or damages for strict liability that may not be limited by law.
All notices must be sent via certified mail to:
CALAMITY GYM LLC D/B/A CALAMITYGYM.COM
ATTN: LEGAL DEPARTMENT
1801 N. LAMAR STREET, SUITE 250
DALLAS, TEXAS 75202
- Additional Information.
- Choice/Opt-Out. Any customer may opt out of receiving e-mail communications from the Company at any time by contacting our Webmaster. In addition, you may the Company contact our Webmaster to request that the Company deactivate your account and delete your account details.
- Business Transition. In the event we go through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of our assets, your personally identifiable information will likely be among the assets transferred.