Mindbody Inc. CIO on SaaS innovations in the health and fitness industry

Trademarks

The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Site are the registered and unregistered Trademarks of MicroAgility and its licensors. You agree that you will not refer to or attribute any information to MicroAgility or its licensors in any public medium (e.g., press releases, websites) for advertising or promotional purposes, or for the purpose of informing or influencing any third party. You also agree that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, MicroAgility or its licensors without prior written consent.

Use of Site Content

MicroAgility hereby grants you a non-exclusive, non-transferable license to access, download, display, and print one copy of the content and functionality displayed on the Site (the “Site Content”) on any single computer solely for your internal business use, provided that you do not modify the Site Content in any way and that you retain all copyright and other proprietary notices displayed on the Site Content. You may not otherwise reproduce, modify, distribute, transmit, post, or disclose the Site Content without MicroAgility’s prior written consent.

User Postings

You acknowledge and agree that MicroAgility shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information that you post or otherwise publish on the Site in postings, survey responses, or otherwise, and you hereby waive any claims against MicroAgility for any alleged or actual infringements of any rights of privacy, publicity, moral rights, or rights of attribution in connection with MicroAgility’s use and publication of such submissions.

You covenant that you shall not post or otherwise publish on the Site any materials that
(a) are threatening, libelous, defamatory, or obscene;
(b) would constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law;
(c) infringe the intellectual property, privacy, or other rights of any third parties;
(d) contain a computer virus or other destructive element;
(e) contain advertising; or
(f) constitute or contain false or misleading statements.

MicroAgility does not and cannot review all information posted to the Site by users and is not responsible for such information. However, MicroAgility reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason or no reason.

Notices of Infringement and Takedown by MicroAgility

MicroAgility prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.

If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to MicroAgility at the address shown below, providing a written statement that includes:
(a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed;
(b) identification of the allegedly infringing material on the Site that is requested to be removed;
(c) your name, address, daytime telephone number, and email address if available;
(d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and
(f) the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right.

MicroAgility will remove any posted submission that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with 17 U.S.C. § 512(c)(3)). U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions. MicroAgility’s contact for submission of notices under this Section 5 is:

MicroAgility, Inc. | 666 Plainsboro Road, #1116 | Plainsboro | NJ 08536

Data Protection and Privacy

MicroAgility is committed to protecting your personal data and ensuring your privacy. All personal information collected through this Site will be processed in accordance with our Privacy Policy and relevant data protection laws, including GDPR and CCPA. You have the right to access, correct, or delete your personal data. Should you have any concerns regarding your data privacy, please contact us, and we will respond promptly.

Disclaimers

The content and functionality on the Site are provided with the understanding that MicroAgility is not engaged in rendering professional advice or services to you. All content and functionality on the Site are provided “as is,” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose.

MicroAgility and its third-party content providers make no warranties, express or implied, as to the ownership, accuracy, or adequacy of the Site Content. MicroAgility shall have no liability or responsibility for any information published on linked websites, contained in any user submissions published on the Site, or provided by third parties. Neither MicroAgility nor its third-party content providers shall be liable for any indirect, incidental, consequential, or punitive damages or for lost revenues or profits, whether or not advised of the possibility of such damages or losses and regardless of the theory of liability.

Limitation of Liability

To the maximum extent permitted by law, MicroAgility shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with your use of the Site, including but not limited to any loss of revenue, profit, or data, regardless of the form of action or the basis of the claim.

Third-Party Websites

We may provide links to third-party websites, and some of the content appearing on this Site may be supplied by third parties (e.g., framing of third-party websites or incorporation through framesets of content supplied by third-party servers). MicroAgility has no responsibility for these third-party websites, which are governed by the Terms of Use and privacy policies, if any, of the applicable third-party content providers.