Effective January 27th, 2014
Updated December 10th, 2019
Studio Fitness & Wellness, LLC, is committed to protecting the privacy and security of the personally identifiable information and personal health information you provide to us and any reports based on such information that is personally identifiable (collectively, "Personal Information"). We want to share with you how we treat Personal Information about you that we receive in connection with this Website.
Information Studio Fitness & Wellness, LLC, Collects
Sections of this Website (including restricted portions of this Website) that allow for the submission of Personal Information (referred to for convenience as "Profile Pages") contain a function for collecting various pieces of your Personal Information including, but not limited to, your name, address, email address, telephone number and your zip code. We only collect Personal Information if you voluntarily submit the information to us for such purposes as purchasing our products, services, registering for use of restricted portions of this Website, completing surveys conducted by Studio Fitness & Wellness, LLC, or a contractor acting on our behalf, or requesting information or services. For your information, through certain technologies employed by this Website we also collect non-personally identifiable information about you. For more details about this type of data collection please refer to the section below on cookies. In the event of a complaint, we may also receive personally identifiable information about you from other Website subscribers or from other users or third parties who may communicate information to us about you in relation to that complaint.
Third Party Financial Institutions and Affiliates
Studio Fitness & Wellness, LLC, submits payment information directly to Stripe.com when you purchase on the Surf Strong Fit Website. This information includes your credit card or debit card number and your zip code. Stripe.com may use this information to process your order and record and file the information. Studio Fitness & Wellness, LLC does not retain records of this financial information which is maintained by Stripe.com. If you return purchased products or request a refund or exchange, you may be asked to give your name, address and any other identifiable information that is deemed necessary to verify your identity. This information may be collected by Stripe.com to prevent fraud and identity theft. Stripe.com legal policies can be found HERE.
How Studio Fitness & Wellness, LLC, Uses Personal Information
Studio Fitness & Wellness, LLC, reserves the right to compile, save, use within the scope of our activities, and analyze any and all data (contact and personal data, use history, etc.) that we collect from you through the Website. We use the Personal Information that you provide to us for our internal purposes such as (a) creating a user profile for you based on the Information Pages you complete, (b) responding to inquiries and requests that you may make, and (c) alerting you to new products and service offerings that may be of interest to you. Studio Fitness & Wellness, LLC, may communicate its response to inquiries or requests from you, or provide you with recommendations or reports, or alert you to new products and service offerings, by sending you emails, cell phone text messages, or placing telephone calls to you. If you decide, after receiving an electronic, text, or telephonic message, that you would prefer not to receive any such communications from Studio Fitness & Wellness, LLC, you may "Opt-out" of receiving such messages by simply setting your notification settings on your profile page.
Studio Fitness & Wellness, LLC, may also collect and group demographic and preferences information, responses to surveys, and other Personal Information we collect from you in an aggregated, non-personally identifiable form for disclosure to our existing and potential business partners, affiliates, sponsors or other third parties. However, please be assured that this aggregated data will in no way personally identify you or any other visitors to this Website.
Information Collected by Third Parties Not Acting on Behalf of Studio Fitness & Wellness, LLC
Updating or Removing your Personal Information
As a registered Studio Fitness & Wellness, LLC, user you can modify your Personal Information at any time by accessing the "User Profile" section of the Website. Studio Fitness & Wellness, LLC, will allow you to correct, update or review information you have submitted by going back to the specific user information page, logging-in, and making the desired changes. Also, upon your request, IStudio Fitness & Wellness, LLC, will use commercially reasonable efforts to functionally remove you and your Personal Information from the Website; however, it may be impossible to remove your entry without some residual information being retained by Studio Fitness & Wellness, LLC,. Registered users who wish to close their account should contact us at surf [at] surfstrongfitness [dot] com.
If you have a complaint or problem, please email us at surf [at] surfstrongfit [dot] com. Our Support team will forward your complaint to the appropriate internal Studio Fitness & Wellness, LLC, department for a response or resolution. We try to answer every email within 2 business days. If you want to (1) delete your personally identifiable information from our systems, (2) update the personally identifiable information that you have provided to us, or (3) change your preferences with respect to marketing contacts or other activities; you can email us at surf [at] surfstrongfitness [dot] com.
Or you may write to us at: Attention: Studio Fitness & Wellness, LLC, 630 Quintana Ave #162 Morro Bay, CA 93442
Third-Party Products, Services, Information, and Websites Links
This Website may refer to products, services, or other information from third parties and/or contain links to websites operated by third parties. Such information and these links may be provided by Studio Fitness & Wellness, LLC, or any user of the Website. The fact that these links, products, and services are available to you on the Website does not imply that Studio Fitness & Wellness, LLC, endorses or recommends, or is associated with, such third-parties or their products, services, information, websites or the contents thereof. Studio Fitness & Wellness, LLC, has no authority or control over, and is not responsible for, the operation, performance, availability, content, or other aspects of any third-party products, services, information, or websites. Furthermore,Studio Fitness & Wellness, LLC, has no obligation to verify the content of such websites or information. If you decide to access any of the third-party websites linked to this Website or use any third-party products, services, information, or websites or the contents thereof, you do this entirely at your own risk. STUDIO FITNESS & WELLNESS, LLC, DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE), TO ANY THIRD-PARTY PRODUCTS, SERVICES, INFORMATION, OR LINKED WEBSITES, INCLUDING BUT NOT LIMITED TO ANY TERMS AS TO THE ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED WEBSITE.
Authority of Website Administrator
You may not provide a direct link to the top page of this Website, unless and until Studio Fitness & Wellness, LLC, gives you notice that you may link to this Website.
Compliance with Digital Millennium Copyright Act
Studio Fitness & Wellness, LLC, respects the rights of all copyright holders and in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of this Website who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. Section 512:
- A 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 are covered by a single notification, a representative list of such works;
- Identification of the Website 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 the information reasonably sufficient to permit Studio Fitness & Wellness, LLC, to locate the Website Material;
- Information reasonably sufficient to permit Studio Fitness & Wellness, LLC, to contact the complaining party;
- A statement that the complaining party has a good faith belief that the use of the Website 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.
For copyright inquiries under the Digital Millennium Copyright Act, please contact Studio Fitness & Wellness, LLC,'s Copyright Agent at:
Attention: Studio Fitness & Wellness, LLC, 630 Quintana Ave #162 Morro Bay, CA 93442
Studio Fitness & Wellness, LLC, employs commercially reasonable security programs to protect your Personal Information from unauthorized access, use, or disclosure. However, you should be aware that Studio Fitness & Wellness, LLC, cannot fully eliminate security risks associated with Personal Information. Despite Studio Fitness & Wellness, LLC,'s strong efforts to protect your personally identifiable information and personal health information, there is always some risk that an unauthorized third party may find a way around our security systems or that transmissions of your information over the Internet may be intercepted.
Amendment, Suspension and Termination
Subject to the provisions above,Studio Fitness & Wellness, LLC, may modify, and amend these Terms as it deems appropriate at any time with or without notice, by updating this posting. Each such modification will be effective as of the date of the posting of the amended Terms. You should visit this page periodically to review the then-current Terms. If at any time these Terms are not acceptable to you, you should immediately cease use of the Website and Website Materials. You agree that the above-stated standard for notice of amendments is reasonable. In addition, Studio Fitness & Wellness, LLC, reserves the right to suspend, discontinue, or terminate your access to the Website or Website Materials at any time, for any reason, and with or without notice.
Limitation of Liability
IN NO EVENT WILL STUDIO FITNESS & WELLNESS, LLC, OR ITS SUPPLIERS OR LICENSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES AND EACH OF THEM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS
OR DAMAGE TO DATA, ARISING OUT OF OR RELATED TO THE USE OF, DELAY IN BEING ABLE TO USE, OR INABILITY TO USE, THIS WEBSITE OR THE WEBSITE MATERIALS, ANY LINKED WEBSITE, OR ANY THIRD-PARTY PRODUCTS OR SERVICES, OR DAMAGES FROM YOUR RELIANCE ON THE RECOMMENDATIONS OR RESULTS BASED ON OR GENERATED FROM THE WEBSITE MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY EVEN IF IROLLIE MARKETING, LLC,OR ITS SUPPLIERS OR LICENSORS, ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
STUDIO FITNESS & WELLNESS, LLC, ASSUMES NO RESPONSIBILITY FOR THE ACCURACY, CORRECTNESS, TIMELINESS, OR CONTENT OF THE MATERIALS PROVIDED ON THIS WEBSITE. YOU AGREE THAT IROLLIE MARKETING, LLC, IS NOT RESPONSIBLE OR LIABLE FOR YOUR RELIANCE UPON ANY WEBSITE MATERIALS OR RECOMMENDATIONS OR RESULTS BASED ON OR GENERATED FROM SUCH WEBSITE MATERIALS. IN ADDITION, YOU SHOULD NOT ASSUME THAT THE WEBSITE MATERIALS ON THIS WEBSITE ARE CONTINUOUSLY UPDATED OR OTHERWISE CONTAIN CURRENT INFORMATION.STUDIO FITNESS & WELLNESS, LLC,IS NOT RESPONSIBLE FOR SUPPLYING CONTENT OR MATERIALS FROM THE WEBSITE THAT HAVE BEEN PROVIDED BY OTHER USERS OF THE WEBSITE, HAVE EXPIRED, OR HAVE BEEN REMOVED. THE WEBSITE MATERIALS ARE PROVIDED "AS IS" AND STUDIO FITNESS & WELLNESS, LLC MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY WEBSITE MATERIAL DISTRIBUTED THROUGH ITS WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, STUDIO FITNESS & WELLNESS, LLC, HEREBY DISCLAIMS ANY AND ALL WARRANTIES (EXPRESS OR IMPLIED), CONDITIONS OR OTHER TERMS OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE.
BY USING THIS WEBSITE YOU AGREE TO ACCEPT ALL RISKS ASSOCIATED WITH THE WEBSITE MATERIALS AND ANY RECOMMENDATIONS, RESULTS, OR REPORTS BASED ON OR GENERATED FROM SUCH WEBSITE MATERIALS. THE WEBSITE MATERIALS AND ANY RECOMMENDATIONS, RESULTS, OR REPORTS BASED ON OR GENERATED FROM SUCH WEBSITE MATERIALS ARE NOT INTENDED TO REPLACE THE CARE YOU WOULD RECEIVE FROM A PHYSICIAN OR OTHER MEDICAL PROFESSIONAL OR TO BE USED AS A MEDICAL DIAGNOSIS. ALWAYS CONSULT YOUR DOCTOR BEFORE BEGINNING ANY HEALTH PROGRAM, EXERCISE PROGRAM, NUTRITIONAL PROGRAM, OR ANY OTHER PROGRAM YOU LEARNED ABOUT THROUGH THE WEBSITE OR WEBSITE MATERIALS OR BASED ON ANY RECOMMENDATIONS, RESULTS, OR REPORTS BASED ON OR GENERATED FROM SUCH WEBSITE MATERIALS.STUDIO FITNESS & WELLNESS, LLC,IS NOT RESPONSIBLE OR LIABLE FOR ANY INJURY THAT MAY RESULT FROM ACTIONS TAKEN OR NOT TAKEN BY YOU RELYING ON THE WEBSITE, WEBSITE MATERIALS, OR ANY RECOMMENDATIONS, RESULTS, OR REPORTS BASED ON OR GENERATED FROM SUCH WEBSITE MATERIALS.
You agree to defend, indemnify and hold harmlessStudio Fitness & Wellness, LLC, and its officers, directors, employees, contractors, and any Affiliates it may have from any and all demands, claims, damages, liabilities, expenses, or harms, including attorneys fees, arising out of or in connection with your use of this Website, online conduct, breach of these Terms, or dealings or transactions with other persons resulting from your use of this Website.
The sections titled Limitation of Liability, Indemnification, Disclaimer, and Miscellaneous shall survive any termination of these Terms. All rights and remedies, whether conferred hereunder or by any other instrument or law, will be cumulative and may be exercised singularly or concurrently. The failure ofStudio Fitness & Wellness, LLC, to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The provisions stated herein are severable and if any provision(s) of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not in any way be affected or impaired thereby.
With respect to any and all disputes arising out of or in connection with this Website or these Terms, Studio Fitness & Wellness, LLC, and you agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution.
Studio Fitness & Wellness, LLC, has no obligation to become involved in any dispute between a user and any other person. You are solely responsible for your interactions with other Studio Fitness & Wellness, LLC, users.Studio Fitness & Wellness, LLC, reserves the right, but has no obligation to, monitor disputes between you and other members. This Website, these Terms and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. Studio Fitness & Wellness, LLC, and you agree that all disputes arising under these Terms will be settled exclusively through confidential binding arbitration in San Francisco, California or another forum mutually agreed upon by you and Studio Fitness & Wellness, LLC, pursuant to the Commercial Arbitration Rules ("Rules") of the American Arbitration Association by a sole arbitrator nominated by agreement of you and Studio Fitness & Wellness, LLC, and confirmed in accordance with the Rules. The arbitrator's award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that Studio Fitness & Wellness, LLC, is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of these Terms pending a final arbitral decision.
These Terms constitute the entire agreement between you and Studio Fitness & Wellness, LLC, with respect to the subject matter hereof. Neither you nor Studio Fitness & Wellness, LLC, shall be bound by any conditions, definitions, warranties, understandings, or representations with respect to the subject matter hereof other than as expressly provided herein. The section headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of the Terms. No oral explanation or oral information by either party hereto shall alter the meaning or interpretation of the Terms. No modification or amendment to these Terms by you will be effective unless assented to in writing by Studio Fitness & Wellness.
Contacting Studio Fitness & Wellness, LLC,
Attention: Studio Fitness & Wellness, LLC, 630 QUINTANA AVE. MORRO BAY, CA 93442