TERMS AND CONDITIONS
What type of information do we collect?
“We receive collect and store any information you enter on our website or provide us in any other way. In addition, we collect the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information and purchase history. We may use software tools to measure and collect session information, including page response times, length of visits to certain pages, page interaction information, and methods used to browse away from the page. We also collect personally identifiable information (including name, email, password, communications); payment details (including credit card information), comments, feedbacks, product reviews, recommendations, and personal profile”.
How we collect the information
“When you conduct a transaction on our website, as part of the process, we collect personal information you give us such as your name, address and email address. We assume that you agree to the collection of your personal information and that it will be used for the specific reasons stated above only.”
How we store, use, share and disclose your visitor’s personal information
“Our company is hosted on the Wix.com platform. They provide us with the online platform that allows us to sell our products and services to you. Your data may be stored through sinkorswimfitness.com’s data storage, databases and the general Wix applications. They store your data on secure servers behind a firewall.
All direct payment gateways offered by Wix 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 ensure the secure handling of credit card information by our store and its service providers”.
“We may contact you to notify you regarding your account, to troubleshoot problems with your account, to resolve a dispute, to collect fees or monies owed, to poll your opinions through surveys or questionnaires, to send updates about our company, 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, telephone, text messages, and postal mail.”
How users can withdraw their consent
“If you don’t want us to process your data anymore, please contact us at
Questions and Contact Information
“If you would like to: access, correct, amend or delete any personal information we have about you, you are invited to contact us at
Website Owner; the Offering; Binding of Terms.
“This website is owned and operated by RatNip Productions. 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 Fitness and Sports Training Advice. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.”
Who can use your website and what the requirements are to create an account
In order to use our website and/or receive our services, you need to be at 16 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 applicable law or regulation applicable to you.”
Key Commercial Terms Offered to Customers
“When buying an item or class, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.”
“The prices we charge for using our services / for our products 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 and sales tax 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, such as taxes and possible transaction fees, will be charged on a monthly basis to your payment method.”
Return and Refund Policy
“NO RETURNS OR REFUNDS ARE OFFERED ON ANY OF OUR SALES, SERVICES OR PRODUCTS. ALL PURCHASES ARE FINAL SALE.
Retention of Right to Change Offering
: “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.”
Ownership of Intellectual Property, Copyrights and Logos
“The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of RAtNip Productions Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.”
Right to Suspend or Cancel User Account
“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 agree to indemnify and hold RatNip Productions 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.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall RatNip Productions, 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, Sink or Swim Fitness 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.”
Right to change and modify Terms
“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”.
Promotional emails and content
“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 wish not to receive such promotional materials or notices – please just notify us at any time.”
Preference of Law and Dispute Resolution
“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 the state of Florida United States, 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 Lake Wales Courts. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded”.
Customer Support Details & Contact InfO
All users that join a community have a public profile that is publicly visible (to other visitors to the website), and that their public activity (such as posts they write and their comments) will be visible to other visitors of the website.
A user 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).