SPIRE Institute/Academy Terms and Conditions of Use Ownership
SPIRE suggests that you read this page frequently because SPIRE has the authority to change or modify this Agreement without notifying you.
All materials on this Site can only be used for non-commercial purposes, since all the materials are protected by United States trademark and copyright laws. If you are going to view or download any material from this Site for personal use, then you are required to keep all copyright notices attached to the material.
You are not permitted to use any of the following to acquire information, access, or copy any part of SPIRE website:
Any other technology or program
Unless you have received written consent from SPIRE, then you are not permitted to reproduce, duplicate, distribute, modify, or copy any of the materials from this Site. This prohibition includes any graphics, logos, texts, videos, audios, or photographs available on this Site. You can request permission to duplicate or reproduce materials on this Site by contacting SPIRE Institute/Academy at [email protected].
In addition, you are prohibited from creating things that are based on any of the following:
Link buttons on the site
Themes on the site
Wallpaper on the site
Even if you do not want to sell the materials, this prohibition still applies.
Any unsolicited submissions that are sent to SPIRE through this Site, gives SPIRE the right to copy, sublicense, transmit, distribute, publish, or display the submissions and you are agreeing that the submission becomes property of SPIRE. You agree that you are not entitled to receive any compensation or notice regarding the submission. You agree that you waive your right to make any claim against SPIRE or any of its affiliates relating to unsolicited submissions, which includes, but not limited to, breach of contract or confidentiality.
Sometimes, SPIRE will post employment opportunities on this Site and will invite people to submit resumes for our review. When you submit your application materials that includes your name and contact information, you are giving SPIRE permission to use your information for all lawful hiring purposes. SPIRE also has authorization to forward any of the information you provided with your application materials to its parents, subsidiaries and affiliates for legitimate purposes. There is no guarantee that SPIRE will interview, hire or employ any person who submits information for an employment opportunity. SPIRE makes no promise that it will review any information submitted for an employment opportunity by its users.
If SPIRE determines that you have breached this Agreement or any other relevant law or rule, then SPIRE has the right to terminate your use of or access to this Site at any time. If you have engaged in conduct that SPIRE considers inappropriate, then SPIRE has the authority to terminate your use and access of the site.
You should notify SPIRE if you think any material on this Site infringes on your copyright. Notices of copyright infringement will be processed by SPIRE and it will take the necessary steps by the Digital Millennium Copyright Act (‘DMCA’) and other intellectual property laws. It is required by DMCA that notices of copyright infringement should be sent to the Chief Operating Officer, SPIRE Institute/Academy 5201 SPIRE Circle, Geneva Ohio 44041 or e-mail: [email protected].
Pursuant to DMCA 17 U.S.C. 512(c)(3), in order to be effective, the notice must be in writing and contain the following information:
Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Disclaimer of Liability and Warranties
By using this Site, you are agreeing that you are engaging with this Site at your own risk. The materials included on this Site are provided ‘as is’ and are provided without express or implied warranties. Meaning that SPIRE does not represent that this Site will be free from defects, free from viruses, be free of errors, or that this Site is completely accurate. By agreeing to these terms, you acknowledge that SPIRE, its parents or affiliates, including its employees, agents, directors, and officers are not liable for any errors, interruptions, defects, or viruses to your computer or system network.
You are acknowledging that SPIRE will not be liable for any offensive or illegal conduct found on this Site. You are acknowledging that SPIRE is not liable for any damages, including but not limited to, special, consequential or punitive damages in connection with your use of this Site.
This site is provided “as is” and without any warranty, express or implied from our subsidiaries, officers, directors, employees and our suppliers. Moreover, we along with our subsidiaries, officers, directors, employees and our suppliers disclaim any implied warranties or title, and non-infringement.
Limitation of Liability
Never shall SPIRE, our subsidiaries, officers, directors, employees and our suppliers be liable for lost profits or any incidental or consequential damages in connection with our site. You hereby waive any and all rights to bring any claim related to this site.
By agreeing to this Agreement, you are agreeing to defend, indemnify and hold harmless SPIRE, including its parents and affiliates together along with its employees, agents, directors, officers, and shareholders, from all claims, liabilities, damages and expenses arising out of your use of this Site, your alleged breach of this Agreement, or alleged breach of copyright or trademark.
You agree to comply with all relevant and applicable laws, statutes, ordinances, and regulations in connection with your use of our services.
This Agreement operates to the fullest extent possible by law. Should any provision of this Agreement be unlawful, void, or unenforceable, then that provision shall be deemed severable from this Agreement. It will not affect the validity and enforceability of any other provisions within this Agreement. This Agreement is governed by the laws of the State of Ohio.
Unless explicitly stated, notices shall be sent by mail to SPIRE Institute/Academy Attn: Jeff Orloff 5201 SPIRE Circle, Geneva Ohio 44041 or to the e-mail address you provided during the registration process. Unless the sending party is informed that the e-mail address is invalid, 24 hours after the e-mail was sent will be considered a given notice.
Resolution of Disputes
If a dispute arises between you and SPIRE, it is our goal to provide a cost-effective means of resolving the dispute in a timely fashion. You and SPIRE agree that any claim or dispute that comes about through this Agreement shall be resolved in accordance with the provisions below. Instead of using formal proceedings, we encourage you to contact us directly to seek a resolution. We will try to resolve the dispute by using an alternative dispute resolution such as mediation.
All disputes and causes of action arising from this Site must be submitted to binding arbitration and will then be decided on a case by case basis. The arbitration shall be conducted in the state of Ohio and will be confidential pursuant to the Federal Arbitration Act. Any results or decisions from the arbitration needs to be in writing and provide explanation for all conclusions of law and fact. It must also include an assessment of the costs, expenses, and reasonable attorneys’ fees. You agree that Headings are solely for reference and does not define or limit the scope of such section. This is the entire understanding and agreement between you and SPIRE.
Copyrights (C) / Trademarks (TM)
All trademarks are owned by SPIRE or are used through a license granting permission. All materials within this Site are protected by copyright and trademark laws and must not be used for any purpose besides non-commercial viewing purposes. The following are expressly prohibited:
Use of audio
use of video footage
Use of stills
What Information We Collect
When you access SPIRE locations, we can collect personal data from you. SPIRE can also automatically gather certain personal information and data from you while you are interacting with SPIRE. We may collect information regarding:
Contact Information – Name, e-mail address, phone number, mailing address.
Communications and Surveys – Collection of information through e-mails you sent us, exchanges with SPIRE social media profile, and we will ask individuals to provide feedback by completing a survey.
Membership and Facility Usage Information – Members will have information collected from them regarding how they use and interact with SPIRE, including workout logs, classes booked, or times you check in.
Demographic and Fitness Information – Your date of birth, age, and gender will be collected information. This also includes height, weight, measurement, and body fat during your membership.
Transaction Information – Information such as credit/debit card number, billing address, the services purchased, and other related transaction information.
Usage Information – We can collect information about how you use and interact with SPIRE including, but not limited to duration of your visits, search terms entered, and content accessed by you.
Technical Information – Information about your internet connection, browser, computer or device, including operating system information, time zone, and download errors.
How We Use Your Personal Data
Your personal data is used to provide you with services, deliver a relevant experience with SPIRE, and to satisfy our other business needs and purposes. The use of your data helps us provide you with relevant products and information. We may use your personal data for purposes of:
Membership Administration – It is necessary for SPIRE to process your personal data in order to perform the contractual relationship with you being a client, member, or recipient of our services, which includes personal training, billing notifications, appointment reminders, and changes to club hours. SPIRE has the right to use any contact information on file in order to communicate with you regarding your membership.
Promotional and Marketing Communications – Your personal data will be used so SPIRE can provide you with special offers and promotions. We can also use your information to determine if you are eligible for different offers. SPIRE can also use your personal data to send you newsletters or promotions from our partners that could be of interest to you. If you do not want to be included on any marketing emails, then you can unsubscribe from future mailings. If you are a member and unsubscribe to marketing e-mails, please know that you will still receive administrative and operational e-mails concerning your membership.
Personalized Experience – Members can expect for their personal data to be used in order to provide them with a unique individualized experience.
Business Purposes – SPIRE uses personal data to improve our business and services, develop new business, perform market research, and advertise our business. SPIRE will also use your personal data to prevent claims of fraud and other liabilities. We only use personal data for these purposes when it is necessary to defend our legal rights or in an instance where we are required to do so by law.
How We Share Your Personal Data
Expect as described herein, SPIRE will not sell, rent, or share your personal data to third parties. We may share your personal data for the following reasons and with the following parties:
Service Providers – Personal data may be shared with other companies or individuals who provide services to SPIRE. This could include providers who assist SPIRE in maintaining its social media profiles, send mail or e-mails, and update member list. We try to limit the access of personal data to service providers only to perform their functions. In some instances, service providers may also use personal data for reasonable business purposes.
Affiliates – Personal data may be shared with SPIRE affiliates for tasks such as sending you requested information, providing you with services you have requested, administering our database, and administering your membership. Compliance or Protection – If required by law, we may disclose your personal data. This includes a response to a court order, arising out of any fraudulent activity, to enforce membership agreement, and where necessary to prevent financial loss to SPIRE.
Corporate Transactions – If there is a sale, merger, dissolution, or liquidation of SPIRE or any of its affiliates, then we may transfer personal data to a relevant third party.
Social Media and Third Party Apps – When you interact with our social media, we may share information with those social media networks. Please note that if you choose to connect to any third-party apps, then your information may be shared with those third parties.
From time to time, SPIRE will give you the choice to communicate with SPIRE via text message communication. Text messages could be in connection with a visit reminder. If you decide to opt in text messages, then you are agreeing to be responsible for any charges you may incur. You are not required to receive text messages but if you do, then you are consenting to receive messages from an automated system. To stop receiving text messages, reply STOP to a text you receive from SPIRE. Be aware that you will receive a text confirming that you unsubscribed. Please allow five business days to process your request.
Protection and Retention of Personal Data
Privacy of Minors
For users under the age of 18, you must have consent of a parent or legal guardian to use SPIRE website and social medias. SPIRE will not knowingly collect or share personal data from minors.
Links to Third-Party Sites
Contact SPIRE IA
CAELEB DRESSEL SWIM CAP GIVEAWAY – OFFICIAL RULES AND GUIDELINES BELOW: NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
Sponsor: The Sponsor of SPIRE Caeleb Dressel Giveaway is SPIRE Institute and Academy
Eligibility: SPIRE Caeleb Dressel Giveaway (the “Sweepstakes”) is open Worldwide, and is void where prohibited by law. Employees, independent contractors, interns, officers, directors, and agents of SPIRE (the “Sponsor”) their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void where prohibited.
Agreement to Rules: By entering the Sweepstakes, the contestant (“You”) agree to comply with and abide by these Rules and the decisions of the Sponsor, and you represent and warrant that you meet the eligibility requirements. In addition, you agree to accept the Sponsor’s decisions as final and binding as it relates to the content of this campaign. Entrants should look solely to the Sponsor with any questions, comments or issues related to the Sweepstakes.
Entry Period: The Sweepstakes begins on 06 May, 2022 at 12:00AM EDT and ends at on 27 May, 2022 at 11:59PM EDT (the “Entry Period”). Entries submitted before or after the Entry Period will not be eligible.
How to Enter: The Sweepstakes must be entered by following SPIRE Institute and Academy on Instagram, sharing the second photo of the post to their story via Instagram, and commenting their favorite warm-up song on the giveaway post via Instagram. The entry must fulfill all requirements of the Sweepstakes, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications of the Sweepstakes may be disqualified at the sole discretion of the Sponsor. You must provide the information requested. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules of the Sweepstakes, your submission may be disqualified at the sole discretion of the Sponsor.
Prizes: The winner(s) of the Sweepstakes (the “Winner”) will receive the following prizes:
1 winner(s) will receive Swim cap worn and signed by swimmer Caeleb Dressel
Actual/appraised value of prizes may differ at time of prize award. The specifics of the prize shall be solely determined by the Sponsor. No cash or other prize substitution shall be permitted except for at the Sponsor’s discretion. The prize is non transferable. Substitution of the prize or transfer/assignment of the prize to others or request for the cash equivalent of the prize by the Winner is not permitted. Any and all prize related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the Winner. Acceptance of the prize constitutes permission for the Sponsor to use the Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
Odds of Winning: The odds of winning depend on the number of eligible entries received.
Winner Selection and Notification: The Winner will be selected randomly under the supervision of the Sponsor. The Winner will be notified within 7 days of the winner selection. The Sponsor shall have no liability for a Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for a Winner’s provision of incorrect or otherwise non-functioning contact information. If the Winner cannot be contacted, is ineligible, fails to claim the prize within 7 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt of the prize offered in this Campaign by the Winner is conditioned upon compliance with any and all federal, state, and local laws and regulations. Any violation of these official rules by the Winner at the Sponsor’s sole discretion will result in the Winner’s disqualification as winner, and all privileges as winner will be immediately terminated.
Rights Granted by the Entrant: By entering this content (e.g., photo, video, text, etc.), You understand and agree that the Sponsor and anyone acting on behalf of the Sponsor or its respective licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent. By entering this content, you represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, you will be disqualified at the sole discretion of the Sponsor. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, you shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless SPIRE from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which SPIRE may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
Terms and Conditions: The Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes should virus, bug, non-authorised human intervention, fraud, or other cause beyond the Sponsor’s control corrupt or affect the administration, security, fairness, or proper conduct of the Sweepstakes. In such cases, the Sponsor may select a winner(s) from eligible entries received before and/or after the action taken by the Sponsor if appropriate. The Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or website or violates these Terms & Conditions. The Sponsor has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void entries for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Sweepstakes rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws. Should such an attempt be made, the Sponsor reserves the right to seek damages to the fullest extent permitted by law.
Limitation of Liability: By entering the Sweepstakes you agree to release and hold harmless SPIRE and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant’s participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) unauthorised human intervention in any part of the Sweepstakes; (iii) electronic or human error in the administration of the Sweepstakes or the processing of entries; (iv) technical errors of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (v) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (vi) printing errors; (vii) lost, late, postage due, misdirected, or undeliverable mail.
Disputes: This Sweepstakes is governed by the laws of United States, without respect to conflict of law doctrines. By participating in this Campaign, you agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in United States having jurisdiction. Further, in any such dispute, under no circumstances shall You be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than actual out-of-pocket expenses (i.e. costs associated with entering the Sweepstakes). You further waives all rights to have damages multiplied or increased.
Winners List: To request a copy of the winners list please contact the Sponsor. Requests must be sent within four (4) weeks of the end of the Entry Period.
The Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Facebook, Twitter, Instagram, Snapchat, YouTube, Reddit, Pinterest, LinkedIn or any other social networks that are used to share the Sweepstakes. You understand that you are providing your information to the owner of the Sweepstakes and not to Facebook, Twitter, Instagram, Snapchat, YouTube, Reddit, Pinterest, LinkedIn or any other social networks.
Acceptance of Rules: By participating in the Sweepstakes, You have affirmatively reviewed, accepted, and agreed to all of the Official Rules, Terms and Conditions.