All content contained on the Company’s Websites (collectively, “Content”), such as text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software, is Our property or the property of Our licensors, and the compilation of the Content on the Website is Our exclusive property, protected by United States and international copyright laws, treaties and conventions.
We grant you a personal, limited, non-exclusive and revocable license to access and make personal use of the Content in conjunction with your use of the Company’s Websites. No other uses of the Content are authorized or permissible without Our express written consent. You represent, warrant and agree that: you own or otherwise control all of the rights to all data and information that you post or send to us; that all such information is accurate; use of such information does not violate the terms of this Policy or the rights of any third party and will not cause injury to anyone; and, you will indemnify Us and Our affiliates and designees from and against all claims arising out of, resulting from or relating to any such information. We have the right (but no obligation) to monitor, edit or remove any activity or content involving you. We have no responsibility, and assume no liability, for any information or data posted or sent by you or by anyone else.
The content is provided “as is” and without warranty of any kind, expressed or implied. To the fullest extent permitted by applicable law, we disclaim any and all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the functions or features contained in any Website or the Content will be free of viruses or other harmful components. We make no representations or warranties regarding the use, or the results of use, of any Content, product or service displayed on, offered, made available through, or otherwise related in any way to any Website.
A Website may offer users the ability to utilize the services of third party providers, such as credit card processing services that are necessary to complete association-related dues or payments through the Website. All issues involving transactions between a third party service provider and you must be handled with the applicable provider. The Company may try to facilitate the resolution of any such issues, however, you understand and agree that the Company has no control over, or liability for, the acts or omissions of third party providers. You hereby irrevocably and unconditionally waive any and all claims against us with respect to information, Content and materials contained on or accessible through the Company’s Websites and any third party sites and services. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction.
UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM: (A) THE USE OF, OR ANY INABILITY TO USE, THE COMPANY’S WEBSITES OR ANY CONTENT OR FUNCTIONS THEREOF, OR (B) ANY PRODUCTS OR INFORMATION OBTAINED ON OR THROUGH THE COMPANY’S WEBSITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FROM: PERSONAL INJURY; DOWNLOADING ANY MATERIAL CONTAINED ON OR ACCESSED THROUGH THE COMPANY’S WEBSITES; ANY UNAUTHORIZED ACCESS TO ANY INFORMATION ON THE COMPANY’S WEBSITES AND/OR SUBMITTED BY YOU TO OR THROUGH THE COMPANY’S WEBSITES; AND/OR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE COMPANY’S WEBSITES OR $100.00.
The interpretation and enforcement of this Policy shall be governed under the laws of the State of Maryland. The sole and exclusive venue for any and all issues, claims or causes of action arising from or related to this Agreement shall be Baltimore County, MD.
Last Updated: January 1, 2021
Definition of Personal Information
For the purposes of this Policy, “Personal Information” means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably linked , directly or indirectly, with a particular individual or household.
Personal Information does not include publicly-available information from governmental sources. Information that is provided in the aggregate or that is de-identified is not Personal Information.
Personal Information We May Collect About You – Sources and Categories of Information
Sources of Collection
This section describes the sources from which we may have collected Personal Information about you in the last 12 months, and which we may continue to collect, whether on our behalf or on behalf of our clients:
When you visit the Sites or interact with use in other ways, such as when you request information about our Services or information we provide to the public; visit the Sites; transmit information through the portal we maintain on behalf of our association clients when, for example, you pay association fees, request documents and certificates, submit other inquiries, call or otherwise engage with the customer service center.
Categories of Personal Information Collected
This section describes the categories of Personal Information we may have collected about you in the past 12 months. Included are categories that describe employee as well as client data. It also describes the categories of Personal Information we may continue to collect:
- Contact information, such as name, physical addresses, email addresses and other contact information, emergency contacts, account number and password, drivers’ license or state identification information, social security number, information about the vehicles parked at the communities we manage, and IP addresses.
- Unique device and online identifiers, such as device IDs, browsing history and other similar identifiers
- Protected class information, such as gender, age, disability status, citizenship, medical condition, physical or mental disability information collected in the employment context (not from job applicants)
- Educational and professional background information, such as work histories, employer information, educational history that would be found on a resume
- Audio or visual information, such as recordings of your calls to the customer service center we operate on behalf of our clients; CCTV recordings of you in the public areas on those properties on which our clients operate security cameras
- Internet or other electronic network activity, such as information regarding your browsing history, visits to and interaction with our Sites, information about visits to our social media accounts
How We Use Personal Information We Collect
With respect to each of the categories of Personal Information above, this section describes the reasons we may have collected and used such information in the past 12 months and why we may continue to collect and use it.
Provide You with Services on Behalf of Our Clients: We use your Personal Information to provide a full range of property management services to our clients, including: management of facilities, public grounds and common areas in communities; contacting you and responding to your requests and inquiries; facilitating sales and leasing/rentals; processing payments; responding to requests for documentation associated with the association or ownership/leasing/rental of real property within each community; providing marketing; facilitating the operation of association boards of directors; providing customer service; operating a call-in center; distributing newsletters and similar materials; compliance with applicable laws, regulations or codes of practice.
Provide You With Additional Services: In addition, we collect Personal Information in order to market and provide information about our Services and company; improve the Sites by, among other things, understanding who and how they are used; compliance with applicable laws, regulations or codes of practice.
Security and Fraud Prevention and Detection: We use information for security purposes such as fraud prevention and detection. We may use Personal Information to enforce our rights, for fraud prevention, or to protect our company, affiliates, our customers, or our websites, or a third-party website or platform.
Compliance with Laws and to Protect Ourselves: We use your Personal Information to support auditing, legal and compliance purposes including responding to court orders or subpoenas. We may also share your Personal Information if a government agency or investigatory body requests. We may also use your Personal Information when we are investigating potential fraud or other areas of concern or if we believe in good faith that disclosure is legally required or otherwise necessary to protect our rights and property, or the rights, property or safety of others.
Marketing and Recruiting: We use Personal Information to inform you about the Company and the services we offer. We may also use your Personal Information to send you information about career opportunities.
Employment and Human Relations Functions: We use Personal Information in connection with our hiring, employment and job training activities.
Debug and Identify Errors: We use your Personal Information to debug and identify and repair errors that impair existing intended functionality.
Statistical Analysis and Research: We may use your Personal Information for statistical analysis and research purposes including analyzing performance.
In addition, we may use your Personal Information in the aggregate and in a de-identified manner to create case studies, and/or to determine residents’ demographics and preferences. By doing so, we are better able to deliver to you relevant information that you may find to be helpful and informative.
Third Parties With Which We Have Shared Personal Information
In the last 12 months, we have shared the Personal Information described above with the following categories of third parties for business purposes, whether our own or those of our clients:
Our internet, IT, and telecommunications service providers
Our payroll administrators, client relationship management services, payroll processors
Service Providers such as banks, accounts and lawyers and entities that provide printing, mailing or communications services providing services on our behalf
Looking forward, we may also continue to share the same categories of Personal Information with the same categories of third parties as described above.
We Do Not Sell Your Personal Information
In the last 12 months we have not sold any Personal Information. We do not and will not sell Personal Information.
Additional Information Regarding Our Collection, Use and Sharing of Personal Information
With respect to each of the categories of Personal Information we collect as noted above, we may also collect and share Personal Information with third parties to comply with legal obligations; when we believe in good faith that an applicable law requires it; at the request of governmental authorities or other third parties conducting an investigation; to detect and protect against fraud, or any technical or security vulnerabilities; to respond to an emergency; or otherwise to protect the rights, property, safety, or security of our business, third parties, visitors to the Sites, or the public. We may also share Personal Information with any person to whom we transfer any of our rights or obligations under any agreement, or in connection with a sale, merger or consolidation of our business or other transfer of our assets, whether voluntarily or by operation of law, or who is otherwise deemed to be our successor or transferee.
Do Not Track
“Do Not Track” is a privacy preference that users can set in certain web browsers. We do not comply with automated browser signals regarding tracking mechanisms, which may include “do not track” instructions.
Our Commitment to Honoring Your Rights
Personal Information of Minors
The Company’s Websites are not intended for children under the age of 16. We do not knowingly collect or sell Personal Information of children under 16. To protect their privacy, children under the age of 13 are prohibited from using any Company’s Website.
Third Party Sites
From time to time, we may advertise certain third party services through the Company’s Websites which we feel will be helpful or relevant to you (collectively, “Third Party Services”). Third Party Services may include, but are not limited to, banking and financial services, insurance-related services, payment processing services and property management-related services.
When you click on a link for a Third Party Service, your Web browser will be re-directed to the third party provider of the Third Party Service that you selected. Third party providers may have privacy policies that are different than this Policy, and you should read carefully the privacy policies of those vendors prior to releasing any of your information to them, financial or otherwise.
Third Party Services may also require you to agree to certain terms and conditions of use (collectively, “Third Party Conditions”) before using or accessing those services. Often, Third Party Conditions describe and govern how third party providers use your Personal Information, so you should read carefully all Third Party Conditions prior to releasing any of your information to such third party sites.
We do not endorse, warrant or guaranty the nature, scope, quantity, availability or quality of any Third Party Services. We make you aware of such services for your convenience. If you have any questions, comments or concerns about any Third Party Service, you are instructed to contact directly the vendor offering the service.
We implement and maintain reasonable security appropriate to the nature of the Personal Information that we collect, use, retain, transfer or otherwise process. Our reasonable security program is implemented and maintained in accordance with applicable law and relevant standards However, there is no perfect security, and reasonable security is a process that involves risk management rather than risk elimination. While we are committed to developing, implementing, maintaining, monitoring and updating a reasonable information security program, no such program can be perfect; in other words, all risk cannot reasonably be eliminated. Data security incidents and breaches can occur due to vulnerabilities, criminal exploits or other factors that cannot reasonably be prevented. Accordingly, while our reasonable security program is designed to manage data security risks and thus help prevent data security incidents and breaches, it cannot be assumed that the occurrence of any given incident or breach results from our failure to implement and maintain reasonable security.
Accuracy & Access
Your Personal Information is accurate to the extent that you provide it correctly and accurately to us or to the party collecting such information. Errors that you make when entering your Personal Information may result in erroneous information in the Company’s database. We provide residents with the ability to review and/or correct their information, as described below.
To protect your privacy and security, we may take reasonable steps to verify your identity, such as requiring a password and user ID, before we permit any changes to be made to the Personal Information in Our database. To view and change the Personal Information that you directly provided to us, contact us using the information provided below..
The Company is committed to ensuring that our communications, including our website, are accessible to people with disabilities. This website is designed to meet content accessibility guidelines.
Heartline Fitness shall not be liable for any claim or damage, in any way related to environmental hazards, toxins, and contaminates, which shall include, but is not limited to and without limitation, viral, bacterial or other infections, and contagions. Client/Customer hereby knowingly releases and waives Heartline Fitness and its affiliates from any and all such claims and/or damages.
Any and all applicable taxes shall be added to any of the charges specified.
Heartline will, during the term of this Agreement, maintain at its expense: Comprehensive General Liability Insurance or Commercial General Liability Insurance. Policy limits shall not be less than a Combined Single Limit for Bodily Injury, Property Damage and Personal Injury Liability of $1,000,000 per occurrence and $2,000,000 aggregate, and umbrella liability coverage of $10,000,000 aggregate.
This Agreement may be transferred to a new owner along with the ownership of the covered equipment, only with the prior written approval of Heartline. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.
Neither party shall be liable for any delay or failure to perform its obligations due to any cause beyond its reasonable control.
This Agreement sets forth the entire Agreement between the parties hereto and supersedes all prior agreements, promises or representations. In no event shall any terms and conditions contained or referenced in any purchase order or other documents submitted by the Customer be of any force or effect.
This Agreement is governed by the laws of the State of Maryland, without regard to principles of conflict of law.