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Policies, Terms & Conditions

Please read for Eastside Kettlebell Collective's list of policies, term, and conditions.

This website is owned and operated by Eastside Kettlebell LLC. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors to purchase class packages and unlimited packages to be used for the sole purpose of attending group fitness classes or open gyms. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

When purchasing a package and attending classes, you agree that: (i) you have read and signed the Eastside Kettlebell Collective liability waiver that was emailed to you upon creating a member account: (ii)you are responsible for reading the full item listing before making a commitment to buy it: (iii) you enter into a legally binding contract to purchase services  when you commit to buy a package through the completion of  the check-out payment process: (iv) upon completion of the check-out payment process  you commit to selected packages wether or not you  attend the classes purchased within the allowed 30 days.. 

The prices we charge for using our services are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing  is available on the payments page.

The fee for the services and any other charges you may incur in connection with your use of the service  will be charged on to your payment method.

All package sales are final and must be used within 30 days of selected start date (with the exception of the limited Founders package which is good for 6 months from selected start date); (i) Products can be returned only in the country in which they were originally purchased; and (ii) the following products are not eligible for return: [list of items]. 

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to paid services, such class packages and unlimited plans will be discontinued only upon the expiration of the respective period for which you have already made payment

You agree to indemnify and hold Eastside Kettlebell Collective and Eloise Hoatlin and Felecia Wineman harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

To the maximum extent permitted by applicable law, in no event shall Eastside Kettlebell Collective, Eloise Hoatlin, and Felecia Wineman be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service. 

To the maximum extent permitted by applicable law, Eastside Kettlebell Collective, Eloise Hoatlin and Felecia Wineman assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time. 

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of State of Oregon and the Country of the United States of America without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Portland, Oregon. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

Eastside Kettlebell Collective offers access to Fit by Wix app which offers its users the ability to create communities for the users of their websites, in order to interact with such users in a better way.   All users that join the community in the app have a public profile that is publicly visible to site visitors, and that their public activity (such as their posts or comments) will be visible to other visitors of the website. Users of the website can always opt-out and exit the community, and upon doing so, such user’s profile will not be publicly visible. Naturally, in such event the user will not be able to use the community features (e.g. liking, commenting or writing posts).

Customer Support and Contact Information:

Email Felecia Wineman or Eloise Hoatlin at eastsidekettlebellcollective@gmail.com

Mail directly to 2043 SE 50th Ave, Portland, OR, 97215

All sales are final. Clients may purchase an individual class, 4 classes, 8 classes, or a monthly unlimited class pass. All purchases are good to attend any group fitness class or open gym at Eastside Kettlebell Collective. Upon purchase you will have an option to select a start date. Every purchase expires 30 days from selected start date. Attending a group kettlebell class results in the deduction of one class from class packages. Clients are permitted to cancel up to 50 minutes prior to class to avoid a deduction from class package. Individual, 4 pack, 8 pack  must be used within 30 days of selected start date. You agree to forfeit any classes not used before expiration. 

 

The introduction special is for new clients only and must be used within two weeks of selected start date. This may not be purchased more than once.

We receive, collect, and store any information you enter on our website. In addition we collect the Internet Protocol  IP address used to connect your computer to the Internet; login; e-mail; password; computer and connection information and purchase history. We use software tools to collect session information including page response times; length  of visits to pages; page interaction information; methods used to browse away from pages. We also collect personally identifiable information (including name, email, password, communications); payment details (including credit card information), comments, feedback, sessions and class attendance history, and personal profile.

We receive information when you register as a member and/or conduct a transaction on the website or application we collect personal information such as your name, address, and email address. Your personal information will only be used for the stated purposes above only.

We collect Personal and Non-Personal Information for the following purposes:

1. To provide and operate Services;

2. To provide our Users with ongoing customer assistance and technical support;

3. To create aggregated statistical data and other aggregated and/or inferred Non-personal Information, which we as Eastside Kettlebell Collective may use to provide or improve our respective services;

4. To comply with any applicable laws and regulations.

Our company is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and services to you. Your data may be stored through Wix.com data storage, databases, and general Wix.com applications.  They store your data on secured servers behind a firewall. 

All payment gateways offered by Wix.com and used by our company adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express, and Discover. PCI-DSS requirements help us ensure the secure handling of credit card information by our gym Eastside Kettlebell Collective and it's service providers. 

We may contact you to notify you regarding your account, booked class sessions, cancelled class session, troubleshoot problems with your account, to resolve a dispute, to poll your opinions through surveys or questionnaires,  to send updates about Eastside Kettlebell Collective, or as otherwise necessary to contact you to enforce our User Agreement, applicable national laws, and any agreement we may have with you. For these purposes we may contact you via email, text message, telephone, postal mail, and the wixfit application. 

Withdraw Consent: If you don't want us to process your data anymore please contact us at Eastsidekettlebellcollective@gmail.com or by mail at 2043 SE 50th Ave, Portland, OR, 97215.

We reserve the right to modify this privacy policy at anytime, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you by email that it has been updated, so you are aware of the information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

If you would like to: access, correct, amend or delete any personal information we have about you, you are invited to contact us at eastsidekettlebellcollective@gmail.com or 2043 SE 50th Ave, Portland, OR, 97215.

 

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