Consent to Communicate and Use Information
AGREEMENT
YOUR INFORMATION: By any of accessing or otherwise using this site (“Utilizing this Site”), including without limitation by submitting or otherwise providing information or other content and by clicking "I agree and submit", you agree that XSport Fitness and their affiliates (for purposes of this section, “XSport” or “we” or “us”) own the content and information you provide and the information that any of XSport obtains in connection with this site, including without limitation information about you and information obtained from you or your representative (such described included information referred to as “Your Information”). By Utilizing this Site in any way, you agree that XSport has the right to use and disclose Your Information in any manner, for any purpose and to any extent, in its sole discretion, subject to applicable laws regulating use or disclosure of personal information.
CONSENT TO COMMUNICATE WITH OPTION TO OPT-OUT: By Utilizing this Site in any way, you agree to the following Authorization and Consent to Communicate with You, Your Duty to Update Contact Information and Release of Claims with Option to Opt-out:
AUTHORIZATION AND CONSENT TO COMMUNICATE WITH YOU, YOUR DUTY TO UPDATE CONTACT INFORMATION AND RELEASE OF CLAIMS WITH OPTION TO OPT-OUT (“CONSENT TO COMMUNICATE”) You acknowledge that you have provided, or may in the future provide, to us your name and names of people and entities (“Third Parties”) and your and their telephone, text and telephone facsimile (i.e., fax) numbers and e-mail addresses for use by us for various purposes. Except to the extent authorization is withheld by you in Subsection A below, you, by Utilizing this Site in any way, thereby authorize us and our respective vendors or agents acting on our behalf, to communicate with you for any purpose by any means whatsoever and with Third Parties for any purpose by any means using the information that you provided or will provide. You, by Utilizing this Site in any way, thereby certify, represent and warrant to us that you are the recipient who will be receiving telephone calls, text messages, e-mails and other communications and/or that you are authorized by the recipient or recipients to grant the above authorizations. If there is any claim by any person based on any injury, loss, or damage which involves you, including without limitation by any of the Third Parties relating to any of the information you provide to XSport and/or their affiliates (“released parties”), you agree to (1) defend released parties against such claims and pay released parties for all expenses relating to the claim and (2) indemnify released parties for all obligations resulting from such claims. Without limiting any of the foregoing in this Consent to Communicate, you agree as follows:
A) Consent for marketing calls/texts to cell and other phone number(s), pre-recorded calls/automated telephone dialing system: By Utilizing this Site in any way, you authorize us and our respective vendors or agents acting on our or their behalf, to deliver or cause to be delivered using an automatic telephone dialing system or any other method of telephone transmission, to the cell and other phone number(s) you provided to us in connection with this Website or otherwise or at any other additional cell and other phone number(s) you provide to the us or for any cell and other phone numbers which are assigned to you, any pre-recorded calls or messages, and calls or text messages placed or sent using an automated telephone dialing system, which contain marketing or promotional material or information regarding the facilities, services or products of any of us. You acknowledge that you are not required to provide this consent in order to purchase any good or service through this site and that you may withhold this consent by clicking the following link and sending the withhold consent email:
[Click Here for Withhold Consent Email]
B) Duty to advise Company regarding cell and other phone number(s): You agree that you will immediately inform us if you surrender, or you are no longer the subscriber of, any cell and other phone number(s) that you provided or will provide to us either in connection with this website or otherwise. You agree that you shall be liable for any damages incurred by us arising from or related to your failure to inform us that you are no longer (or never were) the subscriber assigned to a cell and other phone number that you provided or will provide to us.
C) Release of Claims Regarding Communications: By Utilizing this Site in any way, you release us and our respective employees and agents from any and all claims under federal, state or local laws, including but not limited to claims under the Telephone Consumer Protection Act, which arise from or relate to any fax, text message or call (including without limitation pre-recorded, using artificial voice, and live call and including calls and texts placed with an automated telephone dialing system), which is sent or placed by or on behalf of us, to any land line or cell phone number(s) assigned to you, or which you are authorized to use or that you provided or will provide to us. You acknowledge that you are not required to provide this release in order to purchase any good or service through this site and that you may withhold providing this release by clicking the following link and sending the withhold release email:
[Click Here for Withhold Release Email]
SEVERABILITY:
In the event any part of this agreement is unenforceable, it shall be stricken and severed from this agreement and the remainder of this agreement shall remain in force.
Notice of Change – Posted and Updated March 29, 2019
