Terms and Conditions

Welcome to BATTS ATHLETICS website and mobile app.

ATTENTION: PLEASE READ THESE TERMS OF USE ("TERMS") CAREFULLY BEFORE USING THE SERVICE. USING THE SERVICE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS SERVICE. BATTS ATHLETICS RESERVES THE RIGHT TO REVISE, AMEND OR MODIFY THESE TERMS AND OUR OTHER POLICIES AND AGREEMENTS AT ANY TIME AND IN ANY MANNER BY UPDATING THIS PAGE.

Visit this page from time to time to review the current terms because they are binding on you. Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages at this site.

Use of service

BATTS ATHLETICS is the owner of the service as a whole.

If any individual content that is provided by staff members or contributors who provide work are under contract with BATTS ATHLETICS.

BATTS ATHLETICS authorizes you to access, view and download the text, graphics, images, documents and other materials ("Content") contained in or made available through the service only for your personal, non-commercial use.

You must retain all copyright and other proprietary notices contained in the original content.

You may not modify the content provided on the Service in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose.

For purposes of these terms, any use of the content on any other website or networked computer environment for any purpose is prohibited.

Any unauthorized use of any content on the service may violate copyright, trademark, and other laws. No title to nor ownership of any content is transferable.

Medical & health information disclaimer

BATTS ATHLETICS and the content provided on this service are for informational purposes only and are not a substitute for professional medical or health advice, examination, diagnosis, or treatment. Contact your physician before starting or altering any physical fitness program. If you choose to participate in activity, of any kind, described on this service, you do so at your own risk. BATTS ATHLETICS cannot be held responsible for your actions and/or result of actions, including injury and/or death.

Restrictions on use

This service may only be used for lawful purposes consistent with all rights of other parties and may not be used to violate any state, federal, or local laws. Unlawful activities include but are not limited to storing, distributing or transmitting any threatening, libelous, defamatory, obscene, or pornographic or any other content (by email, uploading, posting, or otherwise) in violation of privacy rights or copyright or trademark rights, or attempting to compromise the security of this service or any networked account. You are expressly prohibited from violating or attempting to violate the security of this Service, including, without limiting.

accessing data not intended for you or logging into a server or account which you are not authorized to access

attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization

attempting to interfere with service to any other user, host, or network, including, without limitation, via means of submitting a virus to the Service, overloading, "flooding", "spamming", "mailbombing", or "crashing". Violations of system or network security may result in civil or criminal liability.

BATTS ATHLETICS may investigate occurrences which involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting those who are involved in such violations. BATTS ATHLETICS requests that anyone who believes that there is a violation of these Terms direct the information to raghu@battsathletic.com

WITHOUT PRIOR CONSENT, the service cannot be used to : (a) upload, post, email or otherwise transmit any Communications that provides any telephone numbers, street addresses, last names, URLs or email address; (b) engage in commercial activities within services of BATTS ATHLETICS (such as by advertising or selling products or services or inducing other users to enroll in a promotional or money-making enterprise); or (c) solicit donations for any purpose.

BATTS ATHLETICS reserves the right to temporary or permanently suspend users from using the Service if they engage in abusive behavior. Abusive behavior includes violent threats, harassment, obscene content or language, hateful content or remarks, spam, impersonation, sharing private information, or self-harm. BATTS ATHLETICS reserves the right to make determinations and categorize content as abusive.

Links to other websites

Links to third party Websites ("Third Party Sites") on this Service are provided solely as a convenience to you. If you use these links, you will leave this Service. BATTS ATHLETICS has not reviewed any of these Third Party Sites and these sites are not governed by these terms or Privacy Policy (see below). If you decide to access any of the Third Party Sites linked to this Site, you do this entirely at your own risk.

Privacy policy

Please see our Privacy Policy, which contains a description of the information gathering and dissemination practices for this Service. As a condition to the use of this Site, users of this Service expressly agree to the terms set forth in our Privacy Policy, which is incorporated by reference into these Terms as if they were fully set forth in these Terms.

Modifications to the Service

BATTS ATHLETICS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Service (or any part thereof) with or without notice. BATTS ATHLETICS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Mobile app link terms & conditions

By linking your device to your member account, you agree to the following terms & conditions:

1. Check-In feature is limited to participating locations only.

2. Device linking is limited to one (1) device at a time.

3. Device must be used by the member named on the member account.

4. By linking your device, the App may use your information for additional features and functionality.

5. Use of the Check-In feature is limited to member's with a current picture on their member record.

6. To link your device, unique identification information from your device will be transmitted and stored in combination with your member information.

7. The Club reserves the right to disable the check-in feature on your account/device.

8. Just like your membership card, you cannot share your access to the club facilities with those not named on your membership account. Attempts to use the mobile check-in feature to share your club access may result in suspension and/or membership termination.

Disclaimer

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND THE INTERNET. BATTS ATHLETICS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT.

BATTS ATHLETICS DOES NOT REPRESENT OR WARRANT THAT:

(I) THE USE OR OPERATION OF THE SITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE

(II) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS

(III) ANY STORED CONTENT WILL BE ACCURATE OR RELIABLE OR ITS INTEGRITY MAINTAINED

(IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS

(V) ERRORS OR DEFECTS WILL BE CORRECTED

(VI) THE SITE OR THE SERVER(S) THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of liability

IN NO EVENT WILL BATTS ATHLETICS, ITS ASSOCIATES OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SERVICE, ANY WEBSITES LINKED TO THIS SERVICE, OR THE CONTENT OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE CONTENT OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. IN NO EVENT SHALL BATTS ATHLETICS’s LIABILITY EXCEED THE AMOUNT ACTUALLY PAID, IF ANY, BY YOU FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACT OR INJURY THAT GAVE RISE TO THE LIABILITY.

Indemnification

You agree to indemnify, defend and hold harmless BATTS ATHLETICS and it’sassociates ,its suppliers from and against any liabilities, losses and reasonable costs and expenses (including reasonable attorney's fees) arising out of any claims or suits by any third party connected with or resulting from your use of this Service in any unlawful manner or in any manner inconsistent with these Terms.

Copyright Infringement

BATTS ATHLETICS respects the intellectual property of others, and we ask our users to do the same. Thus, in your use of and interactions with BATTS ATHLETICS and the Service, you may not post, modify, distribute or reproduce in any way any Communications that are copyrighted material belonging to others, without obtaining their prior written consent. BATTS ATHLETICS reserves the right in its discretion to remove any Communications if we believe it may violate the copyright rights of others, and/or to terminate the accounts of users who violate the terms of use.

Violations of These Terms of Use

Please report any violations of these terms, including objectionable Communications or behavior, to raghu@battsathletic.com. Please state the reasons for your concern and provide a link to the Communication or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, BATTS ATHLETICS in its sole discretion may investigate the matter and take such action as BATTS ATHLETICS determines to be appropriate.

General

If any provision of these terms and conditions is held invalid or unenforceable by any court of competent jurisdiction, that holding will not invalidate or render unenforceable any other provision of these Terms. Notwithstanding any provision to the contrary, BATTS ATHLETICS will not be liable for any delay or interruption in performance of any obligation resulting from governmental emergency orders, judicial or government action, emergency regulations, sabotage, riots, vandalism, labor strikes or disputes, fires, electrical failure, major computer hardware or software failures, equipment delivery delays, acts of third parties, or any other cause if the delay or interruption in performance is beyond its reasonable control. The failure of BATTS ATHLETICS to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. Except as otherwise stated above in these Terms, these Terms may not be waived or modified except in writing. These Terms constitute the entire agreement between The Athlete and BATTS ATHLETICS governs your use of this Service, superseding any prior agreements between you and BATTS ATHLETICS regarding the subject matter contained in the Terms.

Our approach to privacy

BATTS ATHLETICS is committed to protecting your privacy and the confidentiality of your personal information. The following statement relates to our service provision via this website

What information do we collect?

This website does not use any form of tracking cookie. The website collects a record of your visit to our website and logs the following information for statistical analysis and system administration purposes:

the IP address of your Internet Service Provider

the date and time of the visit to the site

No attempt will be made to identify users or their browsing activities except where authorised by law, for example, in the unlikely event of an investigation where a law enforcement agency may exercise a warrant to inspect our service provider's logs. We also collect the following information on our online training courses which is used for statistical analysis and system administration purposes:

name

email

state

postcode

age

gender

role

primary sport

Statistical reports use this data to report on course completions. Names are used to enable a personalised certificate to be printed on the successful completion of a course. Email addresses are used to confirm the password and login of a course registrant and to provide any important course updates.

We also collect subscriber data (name and email) when athletes complete a course. These details are kept in a secure environment using a dedicated email provider service. Your personal information will not be released unless the law permits or we have user permission. Users that subscribe agree to receive updates on BATTS ATHLETICS related material and information. This may include invitations to events, services or survey tools linked to BATTS ATHLETICS . Users can unsubscribe at any time.

Data quality and data security

Every effort is made to ensure that personal information collected, used or disclosed is accurate, complete and up-to-date. We have endeavoured to secure information transmitted to this website over the internet, however, given the nature of the internet, there is a possibility that this information could be accessed by a third party while in transit.