3946 N Miami Avenue
Miami, Fl 33127
GUEST PARTICIPATION
RELEASE AND AUTHORIZATION
Minor Name:
<CHILDFIRSTNAME> <CHILDLASTNAME> |
Minor DOB:
<CHILDBIRTHDAY> |
|
Minor Name:
<CHILDFIRSTNAME> <CHILDLASTNAME> |
Minor DOB:
<CHILDBIRTHDAY> |
|
Minor Name:
<CHILDFIRSTNAME> <CHILDLASTNAME> |
Minor DOB:
<CHILDBIRTHDAY> |
|
Minor Name:
<CHILDFIRSTNAME> <CHILDLASTNAME> |
Minor DOB:
<CHILDBIRTHDAY> |
|
Minor Name:
<CHILDFIRSTNAME> <CHILDLASTNAME> |
Minor DOB:
<CHILDBIRTHDAY> |
|
Minor Name:
<CHILDFIRSTNAME> <CHILDLASTNAME> |
Minor DOB:
<CHILDBIRTHDAY> |
|
Minor Name:
<CHILDFIRSTNAME> <CHILDLASTNAME> |
Minor DOB:
<CHILDBIRTHDAY> |
|
Minor Name:
<CHILDFIRSTNAME> <CHILDLASTNAME> |
Minor DOB:
<CHILDBIRTHDAY> |
|
Minor Name:
<CHILDFIRSTNAME> <CHILDLASTNAME> |
Minor DOB:
<CHILDBIRTHDAY> |
|
Minor Name:
<CHILDFIRSTNAME> <CHILDLASTNAME> |
Minor DOB:
<CHILDBIRTHDAY> |
|
This GUEST PARTICIPATION RELEASE AND AUTHORIZATION (the “Agreement”) is effective as of the date signed below, by and between GPY DESIGN DISTRICT LLC, d/b/a 54D, including its agents, attorneys, representatives, officers, directors, shareholders, managers, members, successors, affiliates, parents, subsidiaries, employees, and independent contractors (“54D” or “the Company” or “Releasees”), and the person identified in the “Name” block, above (the “Recipient”; also referred to as “I” or “me”; sometimes, “you”). Recipient desires to participate in use of 54D premises as a guest of a current 54D Enrollee, namely:
for the purpose of experiencing the 54D exercise program. The 54D program may include intense physical effort and stress on my body and physiognomy, including more intense exercise/training than I am accustomed to or have experienced previously (the “Activities”; sometimes, the “Services” or use of the “Facilities”). I confirm that my physical and medical condition is adequate to meet the Activities. 54D has agreed to allow Recipient access to 54D temporarily, for the day only, for the Activity, provided that Recipient executes this Release.
1. Terms and Conditions. As lawful consideration for being permitted by 54D to participate in the Activity, I agree to all the terms and conditions set forth in this Release. I acknowledge my participation in the Activities is subject to all current company policies, rules, terms, conditions and limitations
2. Risk of Injury/Release. I understand and expressly agree that the Activities involve the risk of injury (physical or mental) to me. whether caused by me or not. You understand that these risks are inherent in physical activity and can range from minor injuries to major injuries, including death. In consideration of my participation in the Activities, I understand and voluntarily accept full responsibility for the risk of injury or loss arising out of or related to the Activities. I further agree that 54D, its affiliated companies, parents, subsidiaries and the officers, directors, shareholders, employees, managers, members, agents, and independent contractors of such entities will not be liable for any injury including, without limitation, personal, bodily, or mental injury, disability, death, economic loss, or any damage to me, my spouse or domestic partner, guests, unborn children, heirs, or relatives resulting from the negligent conduct or omission of 54D or anyone acting on its behalf, whether related to physical conditioning or not. Accordingly, to the fullest extent permitted by law, I do hereby forever release, waive, and discharge 54D from any and all claims, demands, injuries, damages, actions, or causes of action related to the Activities (collectively, “Claims”) against 54D or anyone acting on its behalf, and hereby agree to defend, indemnify, and hold harmless 54D and anyone acting on its behalf from and against any such Claims. I further understand and acknowledge that 54D does not manufacture fitness or other equipment or products available in its facilities and therefore 54D will not be held liable for defective equipment or products.
3. Hold Harmless. I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, incurred by/awarded against indemnified party in a final non-appealable judgment, arising out or resulting from any claim of a third party related to the Activities.
4. Integration. This Agreement constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the Company and me and their respective successors and assigns.
5. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles.
6. Jurisdiction and Venue. Any disputes arising under, connected with, or related to this Agreement shall be brought in State or Federal court in/encompassing Leon County, Florida. Trial shall be by judge alone, and I WAIVE ANY RIGHT TO JURY TRIAL of any matter pertaining to this Agreement.
7. Non-Discrimination. It is the policy of 54D not to discriminate against any person on the basis of race, national origin, ancestry, color, creed, religion, sex, sexual orientation, age, or disability
8. Privacy. 54D may collect, use, and disclose certain personal information of members in accordance with their Privacy Policy, attached hereto and part of this Agreement. 54D may contact you from time to time by telephone, email, text message, or other means with information and offers related to your enrollment which may be of interest to you. If you do not wish to receive such messages, you can opt out at any time.
9. Equipment. 54D reserves the right at any time to remove, discontinue, repair, or replace the equipment available to you without any effect on this Agreement. 54D also reserves the right to make changes to the Facilities, the type or quantity of equipment, programs, or Services, and to alter the hours of operation or of scheduled classes in 54D’s sole discretion. You indemnify 54D for any damage caused to the Facilities or to the equipment.
10. Rules and Regulations. You agree to follow 54D’s policies and rules of general applicability with respect to the Activities, including policies and rules regarding Services and the Facilities, as they may be amended from time to time and posted or otherwise disseminated, and without notice, in 54D’s sole discretion. Such rules shall be considered a part of this Agreement.
11. No Liability for Property. 54D is not liable to you for any personal property that is damaged, lost, or stolen while on or around 54D’s premises, including, but not limited to, a vehicle or its contents or any property left in a locker. You acknowledge that the use of lockers does not constitute in any way a deposit of belongings into the care or custody of 54D, and that 54D is not responsible for any property placed in lockers or left on site. 54D assumes no responsibility for the damage or loss of objects, values or property of any kind. If you cause any damage to 54D’s facilities, you are liable to 54D for its cost of repair or replacement.
12. Dress Code. 54D seeks to provide a safe and comfortable environment for all members. 54D management and staff may enforce, and you agree to abide by, a dress code in all areas of the club. Clothing that may be perceived as intimidating, revealing, or offensive, as well as clothing that may present a safety hazard or damage equipment, is prohibited.
13. Physical Condition; No Medical Advice. You represent that you are in good physical condition and have no medical reason or impairment that might prevent you from your intended use of the Services or the Facilities. You acknowledge that 54D did not give you medical advice before you joined, and cannot give you medical advice after you join. 54D not give members advice relating to their physical condition or ability to use the Facilities. 54D has advised you that if you have or develop any health or medical concerns now or after you join, you should discuss them with your doctor before engaging in the Services or using (or continuing to use) the Facilities. You assume any medical, rehabilitation, surgery, medication, or any other expenses that may arise from the Services or use of the Facilities. If you are enrolling a minor, you represent that the above statements are true with respect to the minor (subject to the limitation on waiver set forth below).
14. Minors. You represent with respect to any minor enrolled by you that you are the parent or guardian of the minor. You further grant consent for the minor to utilize the Activities. You further acknowledge (whether as parent, natural guardian, or guardian by operation of law) the following notice provided pursuant to section 744.301, Florida Statutes):
NOTICE TO THE MINOR CHILD’S
NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF 54D (INCLUDING AGENTS, ATTORNEYS, REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, MANAGERS, MEMBERS, SUCCESSORS, AFFILIATES, PARENTS, SUBSIDIARIES, EMPLOYEES, AND INDEPENDENT CONTRACTORS) USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM 54D (INCLUDING AGENTS, ATTORNEYS, REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, MANAGERS, MEMBERS, SUCCESSORS, AFFILIATES, PARENTS, SUBSIDIARIES, EMPLOYEES, AND INDEPENDENT CONTRACTORS) IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND 54D (INCLUDING AGENTS, ATTORNEYS, REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, MANAGERS, MEMBERS, SUCCESSORS, AFFILIATES, PARENTS, SUBSIDIARIES, EMPLOYEES, AND INDEPENDENT CONTRACTORS) HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
Any waiver in this Agreement, to the extent applied to a minor, shall be construed to waive no more than allowed under section 744.301(3), Florida Statutes.
15. Appearance Release. For good and valuable consideration, including, without limitation, permission to engage in the Activities, the receipt and legal sufficiency of which is hereby acknowledged, I hereby the Company to film, videotape, photograph and/or record me at various locations and irrevocably grant and authorize the Company to use such film, videotape, photography, and/or recording, and my name and likeness (“Profile”), in and in connection with advertising and marketing of any kind (“Marketing”), which may be distributed, transmitted, exhibited, and otherwise exploited, in whole or in part, alone or in conjunction with other material, in perpetuity, throughout the world, in any and all manner of media now known or hereafter devised including, without limitation, Internet social media, phone texting, emails, all forms of television (cable, broadcast, satellite, free, pay, pay-per-view, linear, VOD, or otherwise) home video devices, audio-only recordings, etc. I acknowledge that the Company shall exclusively own any and all rights in my Profile and the Marketing and all elements thereof including, without limitation, all rights of copyright, throughout the world, in perpetuity, as a work-for-hire, including the right to register the copyright and secure all renewals and extensions. In the event the work-for-hire doctrine does not apply, then I hereby assign to the Company all rights in and the results and proceeds of the Marketing and any and all rights of copyright related thereto. I release the Company from any and all claims I have or may have in the future known or unknown claims (and waive such claims) related to the Marketing including, without limitation, claims of invasion of privacy, violation of right of publicity, defamation, false light, or other similar claims and waive any and all equitable or injunctive relief related to the Marketing. The Company shall not be obligated to make any payment to me or on my behalf for the use of my Profile in the Marketing. I acknowledge that my appearance is not governed under the provisions of any collective bargaining agreement. This grant is irrevocable so that the Company may proceed in reliance thereon. This Appearance Release contains the entire understanding of the parties, may not be changed or terminated except by an instrument signed by Producer and me.
16. Confidentiality. You agree not to reproduce, for any reason, financial, accounting, legal, research and development information, technical knowledge, sports, nutrition, concepts, designs, processes, techniques, equipment, ideas, writings, notes, plans of business, marketing, products, services, projects or any other information, in whatever form, that is provided or allowed to be accessed in relation to the Activities, unless previously authorized in writing by 54D.
17. Entire Agreement/Modifications. This Agreement (including any Attachments) contains their entire agreement as to the subject matter, that any and all prior oral or written statements, representations, and covenants are merged into this Agreement, and that any other agreements not expressly stated herein are void and have no further force and effect. This Agreement may not be amended or modified except by a subsequent, written agreement signed by both Parties.
18. Titles of Clauses. The titles of the clauses are solely for the purpose of easy identification of the same; they will not determine in any way the content or interpretation of the clauses that follow them.
19. Read and Reviewed. You declare that prior to signing this Agreement you reach and reviewed this Agreement in its entirety (and any Attachments), as well as any and all statutes referenced in this Contract.
20. Severability. You agree that if any court or tribunal of competent jurisdiction determines that any provision of this Agreement is illegal, invalid, or unenforceable, such illegal, invalid, or unenforceable provision shall be severed from the Agreement, and the remainder of this Agreement shall not be affected thereby but shall remain in full force and effect.
21. No Implied Waiver. If 54D does not enforce any right in this Agreement for any reason, 54D does not waive its right to enforce it later.
22. Dispute Resolution/Applicable Law/Exclusive Venue. In the unlikely event that 54D is unable to resolve a complaint you may have to your satisfaction, you agree to resolve such dispute through binding arbitration or small claims court rather than a court of general jurisdiction. For simplicity and fairness, arbitration will be conducted on an individual basis in accordance with the American Arbitration Association’s rules for consumer arbitration. By signing this Agreement, you acknowledge and agree that you and 54D are each waiving the right to a trial by jury and the right to participate in a class action, either in court or in arbitration. This Dispute Resolution provision shall apply to this Agreement and any other agreements or polices at issue between you and 54D, including, without limitation, the Privacy Policy. You further agree that the terms, interpretation, effect, and enforcement of this Agreement shall be governed by the law of the State of Florida and that exclusive venue of any dispute (whether in arbitration or small claims court) shall be in Miami-Dade County.
23. Counterparts. This Agreement may be executed in one or more counterparts, including electronically via photocopy, facsimile, pdf file or other similar electronic means, all of which taken together shall constitute one instrument, and any such counterpart shall have the same force and effect as if bearing an original or electronic signature.
24. EXPRESS WRITTEN CONSENT TO RECEIVE TELEMARKETING CALLS & TEXTS: By signing below, I authorize The Company and or its service providers, including without limit any third-party vendor used to send text messages, to deliver, or cause to be delivered to me, at the telephone numbers provided by me in this agreement, telemarketing calls, informational calls, telemarketing texts, and similar communications using an automatic telephone dialing system or an artificial prerecorded voice. I acknowledge that I am not required to execute or sign this consent, directly or indirectly, as a condition of purchasing or accessing the Activities or any goods or services.
[Signature]:
[Print Name]:
I HAVE READ THE FOREGOING AGREEMENT, FULLY UNDERSTAND IT, AND AGREE TO THE TERMS SET FORTH HEREIN.
[Signature]:
[Print Name]:
[Date]:
Attachment A
54D Privacy Policy
This Privacy Policy was last revised on January 22, 2019.
GPY Design District LLC, d/b/a 54D (“54D,” “we,” or “us”) knows that you care how information about you is used and shared. This Privacy Policy explains the manner in which 54D may collect, use, and disclose personal information which you provide to us while utilizing the Services or using the Facilities, or while using the 54D website (the “Site”). Security for all personal information is extremely important to us. We store your personal information securely and use encryption and/or other special procedures designed to protect the information we collect from loss, misuse, unauthorized access or disclosure, alteration or destruction. Unfortunately, no data transmission over the Internet can ever be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, 54D cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk.
We will not use or share your information with anyone except as described in this Privacy Policy. This Privacy Policy does not apply to information we collect by other means (including offline) or from other sources. By visiting this Site or otherwise providing us with your personal information pursuant to the Enrollment Agreement, you agree to be bound by the terms of this policy. Capitalized terms that are not defined in this Privacy Policy are defined in our Enrollment Agreement.
Information We Collect
User-Provided Information: We collect personal information that you provide to us or that is otherwise provided to us on your behalf. 54D uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. We cannot, however, ensure or warrant the security of any information you transmit to 54D and you do so at your own risk. Once we receive your transmission of information, 54D makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. Your privacy settings may also be affected by changes to the functionality of 54D’s distributors, such as social networks. 54D is not responsible for the functionality or security measures of any third party.
To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from 54D, at all times.
You may choose to provide certain personal information to access or use certain features or services of the Site or the Services, such as making a purchase, joining one of our clubs, paying your fees, requesting information, filling out an employment, logging into certain exercise equipment consoles using your member number, or otherwise contacting us. Such information may include your name, phone number, e-mail address, mailing address, credit card or banking information, enrollment and account information, workout information, machine usage and input information, or other information. You can always choose not to provide information, but it may limit your ability to use a particular service or feature on the Site or the Services.
By providing your personal information to us, you are authorizing us to collect, use and disclose such information in the manner outlined in this policy. Unless we advise otherwise, your information will only be used for the purposes for which it was provided or to contact you regarding related matters. We limit the information we collect to what we feel is necessary for those purposes.
We may periodically send you newsletters, e-mails or similar communications featuring sales and promotions, news about new 54D products and services, requests for your feedback, or other information we think may be of interest to you, in accordance with local law. You may stop receiving marketing communications from us at any time by following the instructions included in the message you received. We may use workout and machine usage data collected through our Services to provide you with tailored products or service offerings, to conduct member usage and market analysis, and to compile aggregated data sets for use in our marketing and business objectives.
Cookies Information: When you use the Site, we may send one or more cookies – a small text file containing a string of alphanumeric characters – to your computer that uniquely identifies your browser and lets 54D help you log in faster and enhance your navigation through the Site. A cookie may also convey anonymous information about how you use the Site to us. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the Site. Persistent cookies can be removed by following your web browser’s directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Site may not function properly if the ability to accept cookies is disabled. We do not currently respond to “Do-Not-Track” signals or mechanisms.
Log File Information: Log file information is automatically reported by your browser each time you access a web page. When you use the Site, our servers automatically record certain information that your web browser sends whenever you visit any web page. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks, domain names, landing pages, pages viewed, and other such information.
Clear Gifs Information: When you use the Site, we may employ clear gifs (also known as web beacons) which are used to track the online usage patterns of our users anonymously. No personally identifiable information is collected using these clear gifs. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened by recipients. The information is used to enable more accurate reporting, improve the effectiveness of our marketing, and make 54D better for our users.
The information collected may depend upon your browser’s settings. This information typically includes your computer’s IP address, the address of the web page you were visiting when you accessed our Site, the name of the operating system installed on your computer, the name and version of the browser you are using and the date and time of your visit. We use this information primarily to create statistics that help us improve our Site and make it more compatible with the technology used by our visitors. We may link this information with your personal information as we deem necessary for our business purposes. If criminal activity is suspected, we might need to share certain information with the appropriate investigative authorities. Such information may contain visitors’ IP addresses and other information which could be used to trace and identify individuals.
How We Use/Share Your Information
Personally Identifiable Information: 54D may share your personally identifiable information with third parties solely for the purpose of providing the Site to you. If we do this, such third parties’ use of your information will be bound by this Privacy Policy. We may store personal information in locations outside the direct control of 54D (for instance, on servers or databases co-located with hosting providers).
As we develop our business, we may buy or sell assets or business offerings. Customer, email, and visitor information is generally one of the transferred business assets in these types of transactions. We may also transfer or assign such information in the course of corporate divestitures, mergers, or dissolution.
54D may disclose information about you to select business partners to provide you with advertising and promotional information and opportunities that we think may be of interest to you. We do not give our partners an independent right to share this information.
Any personal information or content that you voluntarily disclose for posting to the Site, such as User Content, becomes available to the public, as controlled by any applicable privacy settings. You may change your privacy settings on the Site with the features provided by the Application and/or the social networking site or by contacting us. If you remove information that you posted to the Site, copies may remain viewable in cached and archived pages of the Site, or if other Users have copied or saved that information.
Except as otherwise described in this Privacy Policy, 54D will not disclose personal information to any third party unless required to do so by law or subpoena or if we believe that such action is necessary to (a) conform to the law, comply with legal process served on us or our affiliates, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to enforce our Terms of Use, take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our site; and (c) to exercise or protect the rights, property, or personal safety of 54D, our Users or others.
Non-Personally Identifiable Information: We may share non-personally identifiable information (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to help them understand the usage patterns for certain 54D services.
54D may allow third-party ad servers or ad networks to serve advertisements on the Site. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on the 54D Site. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or web beacons) to measure the effectiveness of their advertisements and to personalize the advertising content. 54D does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent. However, please note that if an advertiser asks 54D to show an advertisement to a certain audience and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach. In addition, third-party advertisers may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies. The 54D Privacy Policy does not apply to, and we cannot control the activities of, third-party advertisers. Please consult the respective privacy policies of such advertisers for more information.
Compromise of Personal Information
In the event that personal information is compromised as a result of a breach of security, 54D will promptly notify those persons whose personal information has been compromised, in accordance with the notification procedures set forth in this Privacy Policy, or as otherwise required by applicable law.
Your Choices About Your Information
You may, of course, decline to submit personally identifiable information through the Site, in which case 54D may not be able to provide certain Services to you. You also have a right to challenge the accuracy and completeness of your personal information and to have it corrected, as appropriate. You may also have a right to request access to your personal information and receive an accounting of how that information has been used and disclosed, subject to certain exceptions prescribed by law. If your request for access is denied, we will notify you in writing of the reason for such denial. To request access or to amend your personal information, please visit our Facilities and see management.
Children’s Privacy
Protecting the privacy of children is especially important. This is a commercial website intended for use by individuals that are at least 18 years old. If you are less than 18 years old, you may not use this Site without the prior permission and supervision of your legal guardians. 54D does not accept members under the age of 18 and does not knowingly collect information from anyone under the age of 18. If you believe that we might have any information from or about anyone under 18, please contact us.
Links to Other Web Sites
We are not responsible for the practices employed by websites linked to or from the Site, nor the information or content contained therein. Please remember that when you use a link to go from the Site to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our website, is subject to that website’s own rules and policies. Please read over those rules and policies before proceeding.
Notification Procedures
It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on the Site, as determined by 54D in its sole discretion. We reserve the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Privacy Policy.
International Visitors
FOR VISITORS USING THE SITE FROM OUTSIDE THE UNITED STATED, ANY DATA YOU SUBMIT TO THE SITE WILL BE TRANSFERRED TO THE UNITED STATES FOR USE BY 54D AND/OR ITS AFFILIATES FOR ANY OF THE PURPOSES DESCRIBED IN THIS POLICY. BY USING THE SITE YOU HEREBY EXPRESSLY CONSENT TO SUCH TRANSFER OF INFORMATION OR DATA TO THE UNITED STATES.
If you are a resident of the European Union or provide personal information through this website while located in the European Union, we offer you certain choices about the personal information we collect from you on this Site. Users in the European Union may have the choice:
to be provided with a copy of your personal data held by us;
• to request the rectification or erasure of your personal data held by us;
• to request that we cease processing your data;
• to request that we restrict the processing of your personal data (while we verify or investigate your concerns with this information, for example);
• to request that your data be transferred to you or a third party.
We may use your data for marketing purposes or disclose your information to any third party for such purposes with your consent, that you may provide by checking certain boxes on the forms we use to collect your data. You may object to receiving further marketing at any time without detriment. We will inform you prior to collecting or using your personal information for any purpose not set forth in this Privacy Policy or previously consented to.
To update your preferences and consents, ask us to remove your information from our mailing lists or submit a request, please contact us.
TERMS OF USE
Your use of this Site and any issues relating to this policy are subject to 54D’s then-current Terms of Use, which are located on our Site.
PRIVACY POLICY UPDATES/CHANGES
54D reserves the right to update or modify this policy at any time and from time to time without prior notice by posting a revised version of the policy on the Site. If we make material changes to this policy, we will notify you by means of a conspicuous notice on our homepage or direct communication to you via email or your account. Your use of the Site or any 54D Services or Facilities following any revision to the policy constitutes your agreement that all personal information collected from or about you after the revised policy is posted will be subject to the terms and conditions of the revised policy. The date listed above indicates the most recent change or update to this policy.