Privacy Policy & Terms of Use

Privacy Policy

Terms of Use

PLEASE READ THE FOLLOWING PRIVACY POLICY CAREFULLY

The Athlete's Place PLLC (“The Athlete's Place", "Dr. Sam Volleyball PT", “we,” or “us”), respect your concerns about privacy. This Privacy Policy describes what information we collect about you, how we collect it, how we use it, with whom we may share it, and what choices you have regarding it. This Privacy Policy applies to information we obtain through your use of our web site, www.tapsportspt.com (the “Site”), and through any other means, including information you may provide to us other than on the Site (each, a “Location”). As we continue to evolve our Site and incorporate new technologies to improve communication, our policies may change. We encourage you to refer to this policy on an ongoing basis to stay abreast of our most current privacy practices.

By accessing and using the Site, you agree that you have read and understand this Privacy Policy and that you accept and consent to the privacy practices (and any uses and disclosures of information about you) that are described in this Privacy Policy. IF YOU DO NOT ACCEPT THIS PRIVACY POLICY, THEN YOU ARE NOT AUTHORIZED TO USE THE SITE.

1.  WHAT INFORMATION DO WE COLLECT?

 (a)  Information you provide to us.

The Athlete’s Place only collects personal information about you that is necessary for the purposes of establishing, managing and maintaining our relationship with you, and in accordance with the purposes described in Section 3. We and our third party service providers (“Contractors”) may collect certain information from or about you in connection with your use of the Site, or your submissions to us via the Site or at a Location (together, “Collected Information”), including, but not limited to, your name, e-mail address, mailing address, telephone number, and credit card information (including credit card number, expiration date, security code, billing name and billing address). In addition, we and our Contractors may collect the content of, and metadata regarding, any correspondence you may have with us or our representatives, regardless of the mode of communication by which such correspondence was made.

(b)  Information collected via technology.

The servers used to host and operate the Site may collect certain data pertaining to you, including data regarding the source from which you are directed to the Site, the equipment and communications method that you use to access the Site, and your activities on our Site. We and our Contractors may combine components of this data with Collected Information, which may identify you. Unless otherwise described in this Privacy Policy, such data (which is also deemed “Collected Information” hereunder) will be used solely for the purposes described below.

In addition, the Collected Information may reveal such things as the Internet protocol (“IP”) address assigned to your computer, specific pages that you access on the Site or prior to or after visiting the Site, and the length of time you spend at the Site. We and our Contractors may use this information to help administer the Site and the servers that provide the Site, generate statistical information, monitor and analyze Site traffic and usage patterns, and improve the Site’s content and content delivery, including any online content, materials, and services that we describe or make available on the Site.

The technologies we use for automatic data collection may include:

 Cookies (or browser cookies). We may use cookies to enhance your experience on our Site. Our Site may send one or more “cookies” to your computer to improve the utility of the Site by storing user preferences and tracking user trends. These cookies are placed on your computer when your web browser accesses the Site.

The cookies provide us with information that helps us understand things such as how you navigate to and around websites, Site browsing and content accessing. You can set your Internet browser (like Internet Explorer or Safari) to warn you every time a cookie is sent, or to turn off all cookies. See your browser’s Help menu for these instructions. By disabling your cookies, you will not have access to some of the features that enhance your user experience on our Site.

  Flash Cookies. Certain features of our Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Site. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, you may visit http://helpx.adobe.com/Zash- player/kb/disable-local-shared-objects-Zash.html. Similarly, by disabling Flash cookies, you will not have access to some of the features that enhance your user experience on our Site.

 Web Beacons. Pages of the Site and our e-mails may contain small electronic items known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit The Athlete's Place, for example, to count users who have visited those pages or opened an e-mail and for other related Site statistics (for example, recording the popularity of certain Site content and verifying system and server integrity).

  Do Not Track. Our systems do not currently recognize browser “Do Not   Track” signals.

2.  INTEREST-BASED ADVERTISING

 Advertising agencies, advertising networks, and other companies may place advertisements on the Site, and on the Internet generally, and may use their own cookies, web beacons, and other technology to collect information about you when you use our Site. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

If you have any questions or to opt-out of interest-based advertising from third-party companies, you may contact us (as provided in Section 12) or visit http://www.networkadvertising.org/choices/.

3.  HOW DO WE USE YOUR INFORMATION?

 We may use Collected Information to establish and maintain our business relationship with you, to identify you as a user of the Site or as a client of The Athlete’s Place, and to facilitate our provision of services, including allowing clients to register and pay for classes, programs and/or events at The Athlete’s Place. We may use Collected Information to communicate special offers, promotions and information about our company to you via email or the telephone. If you do not wish to receive these communications you will have the option to opt out of future mailings (see Section 4 below). If you contact us for support or assistance, we may use Collected Information to provide service and support to you, namely to respond to your comments, questions or suggestions. We may also use your information to compile usage statistics and other data regarding the use of the Site services, and to improve our service offerings, including the use of this Site.

We may also use Collected Information to prevent errors and fraud.

Finally, we may use Collected Information for any other purpose with your consent or as required or authorized by law.

We and our Contractors may store Collected Information for as long as needed for the purposes indicated in this Privacy Policy, for legitimate business purposes and to comply with legislative requirements.

4.  HOW DO WE USE YOUR EMAIL INFORMATION?

 In addition to the more general purposes identified in Section 3, we collect email information to provide a more personalized and relevant experience. If you give us your email address when you inquire about classes or sign up, we will send you emails about exclusive offers, news at The Athlete’s Place, and new offerings and events. If you have previously opted out of receiving emails from us, providing updated information will act as an ‘opt back-in’.

If you want to opt-out of receiving promotional emails, simply click on the unsubscribe link located on the bottom of all of our emails. Although we strive to update our email list within a reasonable period, you might receive another contact before we are able to remove you.

Please note that you will continue to receive services-related communications as it pertains to your account. The Athlete’s Place may use any of your contact information held on file (including Email, Mailing, Phone & Fax) to communicate with you in relation to day to day administrative activities, such as billing, purchases and important service alerts.

The Athlete’s Place does not sell or rent your name, e-mail address, or any other personally identifiable information to third parties.

5.  WE ONLY SHARE USER INFORMATION IN THE WAYS DESCRIBED BELOW

 Access to the Collected Information by staff within The Athlete’s Place does not require your consent, but is strictly limited to the persons for whom such information is necessary for the performance of their functions and duties.

We may also share Collected Information without your consent to Contractors we engage to perform functions on our behalf. Examples include creating and maintaining our Site, processing credit card transactions, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance and providing customer service. They also have access to Collected Information needed to perform their functions, but may not use it for other purposes. In addition, such agents, consultants, data processors, service providers and other parties will contractually guarantee to The Athlete’s Place that they will keep the Collected Information confidential in accordance with this Privacy Policy and applicable privacy legislation, and return it to The Athlete’s Place or destroy it once the service has been completed.

Subject to the same restrictions, we may also share the necessary Collected Information with our subsidiaries, affiliates, and our business and marketing partners in furthering our mission as an organization and delivering the content, materials, and services available on or through the Site to you. However, this information is provided in the form of aggregated statistical data that includes users’ demographic information, but does not identify them. We reserve the right to provide any and all such aggregated and non- individually identifiable data to third parties.

If all or part of The Athlete’s Place is sold, merged, or otherwise transferred to another entity, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, we may transfer Collected Information to such entity as part of that transaction.

Finally, we may disclose Collected Information to other third parties with your consent or as required or authorized by law.

6.  WHAT CHOICES DO YOU HAVE?

When corresponding with The Athlete’s Place or our representatives, or when making a request for information or otherwise interacting with us or others through the Site, you choose what information to supply, what questions or comments to submit, whether you wish to receive further information, and by what method of communication such information should be delivered. Please take care to share only such information as is needed or that you believe is appropriate. You are under no obligation to provide us with personally identifiable information, but without it we may not be able to provide you the products or services you request. You may contact us as indicated below if at any time you would like to ask us about our data collection and information security practices.

7.  HOW DO WE PROTECT INFORMATION COLLECTED ABOUT YOU?

 We have put in place certain commercially reasonable security measures designed to safeguard Collected Information against loss or theft, as well as unauthorized access, disclosure, copying, use or modification, regardless of the format in which the information is held. These measure include physical measures, organizational measures and technological measures that are reasonable given the sensitivity of the information, the purposes for which it is to be used, the quantity and distribution of the information and the medium on which it is stored. Unfortunately, the storage and communication of Collected Information can never be completely secure. Hence, we are unable to guarantee that information that you transmit or otherwise supply to us, or any communications conducted on or through the Site, is or will be totally secure. If you become aware of any breach of Site security or this Privacy Policy, please notify us immediately.

 8.  HOW DO WE PROTECT CHILDREN ON OUR SITE?

Our Site is designed for use by adults only. In particular, our intention is to fully comply with the Children’s Online Privacy Protection Act (COPPA) in the United States and similar legislation in Canada. Per COPPA guidelines and other applicable guidelines outside of the United States, we do not knowingly collect personally identifiable information from children under the age of 13. If a parent or guardian is made aware that a child under the age of 13 has provided us with personally identifiable information through any point of contact, we ask to be contacted at the below address. We encourage parents to monitor children’s Internet use to keep them safe while navigating the Internet.

9.  DOES THIS PRIVACY POLICY APPLY TO EXTERNAL LINKS FOUND ON THIS SITE?

While this Site may contain links to other web sites, please note that when you click on one of these links, you are navigating away from the Site to another web site. We encourage you to read the privacy statements of these linked sites as their privacy policies may differ from ours. We are not responsible for the privacy practices or the content of such other web sites. We encourage you to read and become familiar with our Terms of Use for additional information.

10.  LOCATION OF THIS SITE

This Site is hosted and operated in the United States. However, we and our Contractors may, in our effort to provide the Site, store Collected Information in the United States, or we may transfer it to, and store it within, other countries.

The Athlete's Place, PLLC is domiciled in the State of Illinois and governed by Illinois law.  If you are a resident of the State of California, the European Union or certain other jurisdictions, you may have additional protections regarding the collection and use of your personal data.

11.  WE MAY CHANGE THIS PRIVACY POLICY

From time to time, we may change our privacy practices, and this Privacy Policy, because of changes in relevant and applicable legal or regulatory requirements, our business practices, or in our attempts to better serve your needs and those of our other customers. We will try to notify you of any such changes, including by sending you an email notifying you of such changes, and posting a revised policy on this Site. All such changes shall be effective upon our posting them to the Site and your continued use of the Site indicates your acceptance of any such changes. We encourage you to regularly review the current version of this Privacy Policy on the Site.

12.  HOW CAN YOU CONTACT THE ATHLETE'S PLACE?

If you have questions regarding our Privacy Policy, other areas of our Site or our clubs, please contact us. Your feedback is always welcome and appreciated.

This Website is the property of The Athlete's Place PLLC.  By accessing or using the Website, you accept and agree to be bound and abide by these Terms. Accordingly, these Terms create a binding legal agreement that The Athlete's Place PLLC and its officers and employees may enforce against you in the event of a violation of any such Terms. If you do not want to agree to these Terms, you must not access the Website.

USE OF THE WEBSITE

The information and tools that we make available through the Website are provided for educational and informational purposes only. While we hope you find the information useful to you, this information is in no way intended to serve as a diagnostic service or platform, to provide certainty with respect to a diagnosis, to recommend a particular product or therapy or to otherwise substitute for the clinical judgment of a qualified healthcare professional. You are solely responsible for evaluating the information obtained on the Website and for your use of such information in connection with your treatment decisions or otherwise.

If you are a healthcare professional, you agree that you shall be solely responsible for your compliance with all applicable laws and standards of professional practice applicable to you and the practice of your health profession.

If you are a consumer who chooses to access the information made available through the Website, you should not rely on that information as professional medical advice or use the Website as a replacement for any relationship with your physician, physical therapist or other qualified healthcare professional. For medical concerns, including decisions about medications and other treatments, consumers should always consult their health care professional or, in serious cases, seek immediate assistance from emergency medical personnel.

Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable and non-sublicensable license to use the Website and to view the information and materials made available through the Website solely for your personal and professional use. You shall not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website, except as expressly permitted in these Terms. All rights not expressly granted herein are reserved to The Athlete's Place PLLC and its respective licensors, as applicable.

You agree that you will not engage in any of the following activities in connection with your use of the Website:

  1. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Website;

  2. Use, display, mirror or frame the Website, or any component thereof, or a trademark, logo or other proprietary information, without the written consent of The Athlete's Place PLLC;

  3. Remove any copyright, trademark or other proprietary rights notices contained within the Website;

  4. Infringe or use the brand, logos and/or trademarks of The Athlete's Place PLLC in any business name, email, URL or other context unless expressly approved in writing by The Athlete's Place PLLC;

  5. Attempt to circumvent any protective technological measure associated with the Website; or

  6. Use any of the Website content in any manner not permitted by these Terms.

PROPRIETARY RIGHTS

You acknowledge and agree that the Website contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or as authorized by us or the applicable licensor, you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform, create derivative works from, or "scrape" for commercial or any other purpose, the Website content in whole or in part.

You may view information provided through the Website online, download individual articles to your computer or mobile device for later reading or print a copy of an article for your personal use. You may not remove any copyright notices from our materials. You agree not to access the Website by any means other than through the interface that is provided by us for use in accessing the Website.

DISCLAIMER

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE ATHLETE'S PLACE PLLC NOR ANY PERSON ASSOCIATED WITH IT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE CONTENT. THE WEBSITE DOES NOT PROVIDE MEDICAL ADVICE NOR ENDORSE ANY SPECIFIC PRODUCTS, PRODUCT USERS, THERAPIES, TESTS, PHYSICIANS, HEALTHCARE PROFESSIONALS OR OPINIONS.

LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE ATHLETE'S PLACE PLLC, OR ITS SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless The Athlete's Place PLLC, and its officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your access to or use of the Website.

MODIFICATIONS

We reserve the right to modify these Terms from time to time in our sole discretion and without prior notice. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.

GOVERNING LAW AND JURISDICTION

All matters relating to the Website and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).

ENTIRE AGREEMENT

These Terms, together with , and any other Agreements for specific programs constitute the sole and entire agreement between you and The Athlete's Place PLLC with respect to your use (and prior use) of the Website.