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Privacy Policy
Privacy Policy
Your privacy is very important to us. Accordingly, we have developed this policy in order for you to understand how we collect, use, communicate, and make use of personal information—and the choices you have in connection therewith. The following outlines our privacy policy and terms of use (“Privacy Policy”). The website currently located at https://shawstrength.com (including any sub-domains, subpages, directories, or mobile versions of the website) and all related mobile applications and online services, including the Shaw Elite App, (collectively the “Website”) are made available to you by Shaw Strength Enterprises, LLC or one or more of its subsidiaries or affiliates (“Shaw,” “we,” “us,” or “our”). Your access and use of the Website is subject to the terms and conditions contained in this Privacy Policy. By accessing or otherwise using the Website, you (“visitor,” “you,” or “your”) agree to be bound by these terms and conditions. IF YOU DO NOT AGREE TO BE BOUND BY SUCH TERMS AND CONDITIONS, YOU MUST NOT ACCESS OR USE THE WEBSITE. We may revise the Privacy Policy from time to time with notice to you by email or by posting such revised terms and conditions to the Site. Your continued use of the Site will confirm your acceptance of the revised Privacy Policy. We encourage you to frequently review the Privacy Policy to ensure you understand the terms and conditions that apply to your use of the Website.
INFORMATION COLLECTION AND USE
Through your use of our Website, Shaw may collect personal information, which is information that identifies you or relates to you as an identifiable individual. Shaw will collect personal information from you directly and automatically as you use our Website.
We collect personal information from you when you:
- Contact us. When you contact us or send us any questions or inquiries, we collect your name, email address, telephone number, and any other information you choose to include in your correspondence. We use this personal information to respond to your questions or inquiries, troubleshoot where necessary, communicate with you about the Website, and address any issues you may have.
- Subscribe to communications through the Shaw Elite App. If you subscribe to or opt to receive communications through the Shaw Elite App, we will collect your email address. We use this information to send you marketing communications on our products and services we feel may be of interest to you.
We may also use your information collected for the above purposes to defend our rights and the rights of others, to efficiently maintain our business, to comply with the law, and for other limited circumstances as described in HOW WE SHARE YOUR INFORMATION.
As you use our Website, we use cookies and other technologies to automatically collect certain information about you. Cookies are text files that your browser places on your device when you visit a website. The cookies on our Website collect the following information:
- Usage information. This includes which pages on our Website you visit, the frequency of access, time spent on each page, and referring website details.
- Location information. This includes information about your location, which may be determined through your IP address.
- Device Information. This includes certain information about the device you use to access the Website, such as hardware model, operating system, browser, and your preferences.
To collect this information, our Website employs the following cookies:
- Essential cookies. We use essentials cookies to prevent fraudulent use of the Website and to allow the Website and its features to function properly.
- Functional cookies. We use functional cookies to provide enhanced functionality, to diagnose server and Website errors, and, in cases of abuse, to track and mitigate the abuse.
- Analytics cookies. We use Google Analytics to collect information on your use of the Website to improve our Website. In order to collect this information, Google Analytics may set cookies on your device or read cookies that are already there. Google Analytics may also receive information about you from applications you have downloaded that partner with Google. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Google’s ability to use and share information collected by Google Analytics about your visits to our Website or to another application which partners with Google is restricted by the Google Analytics Terms of Use and Privacy Policy. To prevent your data from being used by Google Analytics, you can download the Google Analytics opt-out browser add-on (although we, of course, make no warranties or guarantees in this regard).
- Email cookies. We use Mailjet to send and analyze our email marketing campaigns. In doing so, our email communications will contain cookies and other technologies that allow us to identify actions taken by recipients. Mailjet also collects certain information associated with the email, such as IP address, operating system, and time of retrieval. For more information on Mailjet, please visit their privacy policy. You can disable email tracking at any time by blocking automatic loading of images in your email (although we, of course, make no warranties or guarantees in this regard).
To disable cookies in general and limit the collection and use of information through them, you can set your browser to refuse cookies or indicate when a cookie is being sent. When you opt-out, an opt-out cookie will be placed on your device. The opt-out cookie is browser- and device-specific and will only last until cookies are cleared from your browser or device.
HOW WE SHARE YOUR INFORMATION
We may share your personal information for the following purposes:
- Internally. Where necessary, we may share your information within our own organization and our corporate family, such as with subsidiaries, joint ventures, or affiliates, in order to efficiently carry out our business and to the extent permitted by law. We may also share your personal information with our affiliates to enable them to provide you with products and services we feel may be of interest to you. To unsubscribe from these communications, please click the “unsubscribe” link provided with each email.
- With service providers. We may share your information with our service providers to perform functions on our behalf and to help us administer the Website. These service providers include our web developers, our communication vendor, and our payment processor.
- In the event of a corporate reorganization. In the event that we enter into, or intend to enter into, a transaction that alters the structure of our business, such as a reorganization, merger, acquisition, sale, joint venture, assignment, consolidation, transfer, change of control, or other disposition of all or any portion of our business, assets, or stock, we would share your personal information with third parties, including the buyer or target (and that person’s or entity’s agents and advisors) for the purpose of facilitating and completing the transaction. We would also share your personal information with third parties if we undergo bankruptcy or liquidation, in the course of such proceedings.
- For legal purposes. We will share your personal information where we are legally required to do so, such as in response to court orders, subpoenas, law enforcement, or legal process; to establish, protect, or exercise our legal rights, as required to enforce our terms of service or other contracts; to defend against legal claims or demands; to detect, investigate, prevent, or take action against illegal activities, fraud, or situations involving potential threats to the rights, property, or personal safety of any person; or to comply with the requirements of any applicable law.
YOUR INFORMATION CHOICES
- Access or correct your personal information. You can access your account to access or correct certain personal information that is in our possession and which is associated with your account.
- Marketing emails. You may opt-out of receiving marketing emails from us by clicking the “unsubscribe” link provided with each email. Please note that we will continue to send you emails necessary to the Website, your account, or any assistance you request.
COMPLIANCE WITH LAW
By accessing the Website, you are agreeing to be bound by this Privacy Policy and to comply with all applicable laws and regulations. If you do not agree with these terms, you are prohibited from using or accessing the Website.
INTELLECTUAL PROPERTY RIGHTS
The materials contained on this Website, including logos, images, photos, videos, and written content, are protected by applicable copyright and trademark law. All copyrights, trademarks, and other intellectual property rights in and on the Website, and all content located on the Website, are and shall remain the sole property of Shaw or its licensors. The use of our trademarks, content, and any other intellectual property is forbidden without our express written consent.
You must not:
- Republish material from our Website without prior written consent.
- Sell or rent material from our Website.
- Reproduce, duplicate, create derivative works, copy, or otherwise exploit material on our Website for any purpose.
- Redistribute any content from our Website, including onto another website.
The Website and Website content are owned and controlled by Shaw. We expressly reserve all of our intellectual property rights in and to the Website and Website content. No portion of the Website content may be reproduced in any form or by any means, except as provided elsewhere in this Agreement. We are the owner of the Shaw trademarks, service marks, and logos used and displayed on the Website. Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Shaw’s trademarks, service marks, or copyrights without our prior written permission. You may copy or print a single copy of any page from one of our Website for non-commercial purposes if you do not remove, modify, or alter any copyright or proprietary rights notices that may be present. You may not otherwise: (i) remove or obscure any copyright, trademark, digital watermarks, proprietary legends, or other proprietary notices from any portion of our Website; or (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit our Website or Website content except as expressly permitted by Shaw.
ACCEPTABLE USE
You agree to use our Website for lawful purposes only and in a way that does not infringe the rights of, restrict, or inhibit anyone else’s use and enjoyment of the Website. Prohibited behavior includes harassing or rude behavior or transmitting obscene or offensive content. We expect all Website users to act with courtesy and respect toward other users.
RESTRICTED ACCESS
We may in the future need to restrict access to parts (or all) of our Website and reserve full rights to do so. Shaw has the right, in its sole discretion, to terminate, change, or suspend (temporarily or permanently) any aspect of the Website, at any time, without notice or liability to you. In addition, we reserve the right to restrict, suspend, or terminate your use of the Website or access to the Website (or both), at any time and for any reason, without notice or liability to you.
REGARDING YOUR INFORMATION
If you would like to know what personal information Shaw has collected about you, you may make such a request in writing by emailing us at info@shawstrength.com. If you would like to request that Shaw correct any personal information that Shaw has collected about you, you may make such a request in writing by emailing Shaw at info@shawstrength.com. If you would like to request that Shaw delete any personal information that Shaw has collected about you, you may make such a request in writing by emailing Shaw at info@shawstrength.com.
Each such request requires that you provide your name, postal address, and email address.
NEVADA RESIDENTS
If you are a consumer in the State of Nevada, you may request to opt-out of the current or future sale of certain of your personal information. We do not currently sell any of your personal information under Nevada law, nor do we plan to do so in the future. Nevertheless, if you have any questions regarding our information practices, or would like to opt-out of the future sale of your personal information, please contact us at info@shawstrength.com.
DO NOT TRACK DISCLOSURE
We do not support Do Not Track (DNT). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your browser.
INFORMATION SECURITY
Although we implement and maintain security measures to protect the personal information we collect and maintain, no security measure or modality of data transmission over the Internet is 100% secure, and therefore we are unable to guarantee the security of the information we have collected from you.
ONLINE PURCHASES
Any online purchase of our products or services via the Website is governed both by this Privacy Policy and by the accompanying “Terms and Conditions” that appear on our Website.
WEBSITE ERRORS, INACCURACIES, AND OMISSIONS
Occasionally Website content may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel enrollments if any information on the Website is inaccurate, at any time and without prior notice. We undertake no obligation to update, amend, or clarify information on the Website or on any related website, including pricing information, except as required by law.
THIRD-PARTY LINKS AND CONTENT
The Website may include links and Website content provided by third parties (“Third-Party Website Content”). Third-Party Website Content is provided for your convenience and information only. Third-Party Website Content is not under our control and Shaw is not responsible for the content of any Third-Party Website Content. The inclusion of Third-Party Website Content does not imply endorsement, affiliation, partnership, or sponsorship by Shaw. Use of or reliance on any Third-Party Website Content is at your own risk.
FOREIGN LAWS
Shaw makes no representation that the Website or Website content is appropriate or available for use in jurisdictions outside the United States. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so at your own initiative and at your own risk and are solely responsible for compliance with applicable local laws. Shaw disavows any representation, express or implied, that the Website or Website content is compliant with the laws of any or all foreign jurisdictions.
EXPORT RESTRICTIONS
The Website or Website content may be subject to U.S. export-control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from the Website or Website content, or any products utilizing such data, in violation of U.S. export laws or regulations.
AGE RESTRICTION
The Website and our services are not intended for individuals under the age of eighteen (18).
DISCLAIMER AND LIMITATION OF LIABILITY
Shaw makes no representations, warranties, or assurances as to the accuracy, currency, or completeness of the content contained on the Website or any sites linked to the Website.
All content and materials on the Website are provided “as is,” “with all faults,” and without any express or implied warranty of any kind. To the fullest extent permitted by applicable law, we make no (and specifically disclaim) representations or warranties of any kind, whether statutory, express, or implied, including warranties of merchantability; warranties of fitness for any particular purpose; warranties of noninfringement of intellectual property; any representation or warranty that access to the Website will be uninterrupted, that the content and materials on the Website will be error-free or free from harmful components, or that any content or information you upload to the Website will be secure or not otherwise lost or damaged; and any warranty arising out of any course of performance, course of dealing, or usage of trade. To the extent applicable law does not allow the foregoing disclaimer of warranties, the disclaimer will apply to you to the extent not expressly prohibited by applicable law.
You agree that by accessing the Website or by using and relying on the Website, you are doing so at your own and sole risk. To the fullest extent permitted by applicable law, in no event shall Shaw, its subsidiaries, affiliates, officers, owners, managers, employees, agents, suppliers, vendors, and licensors be liable for any damages whatsoever (including, without limitation, punitive or exemplary damages, compensatory damages, consequential damages, special damages, incidental damages, and damages for loss of profits or revenue, business interruption, loss of information, loss of goodwill, injury, or death), however caused, under any theory of liability, including contract, tort, warranty, negligence, statutory, or otherwise, arising out of or relating to the use of or inability to use the content or materials on the Website or the User Website Content or for inaccuracies or errors in or omissions from the Website or for delays, errors, or interruptions in the transmission or delivery of the Website or Website content or for loss or damage arising therefrom or occasioned thereby or by any reason of nonperformance, even if Shaw has been advised in advance of the possibility of such loss or damages. If a court of law finds or concludes the foregoing provision to be unenforceable for any reason, then to the fullest extent permitted by applicable law, Shaw’s maximum aggregate liability and that of its subsidiaries, affiliates, officers, owners, managers, employees, agents, suppliers, vendors, or licensors, to you for any cause of action whatsoever arising out of or relating to the use of or inability to use the content or materials on the Website or the User Website Content, and regardless of the form of the action, will be limited to $50.00. The limitation-of-liability provisions in this paragraph will apply regardless of a failure of the essential purpose of any other remedy. The parties agree that the above provisions relating to limitation of liability fairly allocate the risk between the parties, without which they would not have entered into these terms.
INDEMNIFICATION
You agree to indemnify and hold harmless Shaw, its subsidiaries, affiliates, subcontractors, suppliers, and partners, and all of their respective officers, directors, employees, agents, or licensors, against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including all associated costs, expenses, and reasonable attorney fees) due to or arising out of your actual or alleged breach of this Privacy Policy or unauthorized access to or use of the Site.
GOVERNING LAW AND DISPUTE RESOLUTION
This Privacy Policy shall be governed by and interpreted in accordance with the laws of Colorado, without regard to its principles regarding conflicts of law or your state or country of residence. You and Shaw agree that any and all claims, legal proceedings, or litigation arising out of or in connection with your use of or access to the Website or arising out of or in connection with this Privacy Policy will be brought exclusively in Colorado District Court (i.e., Colorado state court) in and for Weld County, Colorado. You and Shaw hereby irrevocably submit to, and waive any objection to, the jurisdiction of such court. Any cause of action or claim you may have arising out of or relating to this Privacy Policy or your use of or access to the Website or Website content must be commenced within one year after the cause of action accrues; otherwise, such cause of action or claim will be permanently barred.
CHANGES TO THIS PRIVACY NOTICE
We may change this Privacy Notice from time to time. We will post the changes to this page and will indicate the date the changes go into effect. We encourage you to review our Privacy Notice to stay informed. If we make changes that materially affect your privacy rights we will notify you via email or by a prominent post on our Website.
HEADINGS FOR CONVENIENCE ONLY
The use of headings in this Privacy Policy is for convenience only, and, as such, the headings are not to be used to construe or interpret the meaning of this Privacy Policy.
ENTIRE AGREEMENT
The terms and conditions set forth in this Privacy Policy, including policies and information linked from or incorporated herein, constitute the entire agreement between you and Shaw with respect to the Website and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Website. You may not assign, transfer, or otherwise dispose of your rights and obligations under this Privacy Policy, in whole or in part, at any time. Our failure to enforce any of the provisions of the Privacy Policy or to exercise any rights or remedies under the same will not be construed as a waiver or relinquishment to any extent of our right to assert or rely upon any such provision, right, or remedy in that or any other instance. If any provision of this Privacy Policy is held to be invalid, illegal, or unenforceable, all remaining provisions shall remain in full force and effect to the fullest extent permitted by law.
CONTACT
If you have any questions about this Privacy Notice, please contact us at info@shawstrength.com.
This Privacy Notice was last modified on December 10, 2024