1. Voluntary Participation. I understand and confirm that participation in this event or activity offered by Invictus Analytics, LLC is voluntary. I warrant that I am in overall good health and that no bodily or mental condition would create an unreasonable risk of harm to myself in participating in any activities or games that require physical or mental exertion.
2. ASSUMPTION OF RISK; INDEMNITY. I UNDERSTAND AND ACKNOWLEDGE THAT THERE MAY BE POTENTIAL RISKS INVOLVED RELATED TO PARTICIPATION IN THE EVENT OR ACTIVITY. I ASSUME ALL RISKS, KNOWN AND UNKNOWN, IN ANY WAY CONNECTED WITH MY PARTICIPATION IN THE EVENT OR ACTIVITY. I ACCEPT FULL RESPONSIBILITY FOR ANY LIABILITY, INJURY, LOSS, DAMAGE, OR DEATH IN ANY WAY CONNECTED WITH PARTICIPATION IN THE EVENT OR ACTIVITY. I ACKNOWLEDGE THAT PARTICIPATION IN THE EVENT OR ACTIVITY IS AT MY SOLE RISK. I RELEASE INVICTUS ANALYTICS, LLC, THE BLOCK, LLC, ITS OWNERS, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES FROM ANY AND ALL LIABILITY OR CLAIMS WHICH MAY ARISE FROM PARTICIPATION IN THE EVENT OR ACTIVITY. I HEREBY FOR MYSELF, MY HEIRS, EXECUTORS, ADMINISTRATORS, OR ANYONE ELSE WHO MIGHT MAKE A CLAIM ON MY BEHALF, COVENANT NOT TO SUE, WAIVE, RELEASE, AND DISCHARGE AND WILL INDEMNIFY AND DEFEND INVICTUS ANALYTICS, LLC, THE BLOCK, LLC, ITS OWNERS, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, FOR ANY BLAME OR LIABILITY, DEMAND, INJURY, HARM, LOSS OF PROPERTY, OR DAMAGE I MIGHT CAUSE OR SUSTAIN, DIRECTLY OR INDIRECTLY, AS A RESULT OF MY PARTICIPATION IN THE ABOVE-NAMED EVENT OR ACTIVITY, INCLUDING DEATH, DISFIGUREMENT, OR LOSS OF CONSORTIUM.
3. COVID-19 WAIVER, RELEASE, AND INDEMNITY. I agree to make reasonable efforts to ensure ongoing and consistent compliance with relevant CDC guidelines and best practices for individuals related to the Coronavirus, including, but not limited to, hand washing, sanitizing, and “social distancing” as recommended by the CDC and published at www.cdc.gov, as such guidance may evolve over time. I HEREBY FOR MYSELF, MY HEIRS, EXECUTORS, ADMINISTRATORS, OR ANYONE ELSE WHO MIGHT MAKE A CLAIM ON MY BEHALF TO WAIVE, RELINQUISH AND ABANDON ANY CLAIMS, CAUSES OF ACTION, OF ANY TYPE, WHETHER KNOW, UNKNOWN, ACTUAL OR CONTINGENT, IN LAW OR IN EQUITY, AGAINST INVICTUS ANALYTICS, LLC, THE BLOCK, LLC, ITS OWNERS, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, WHICH ARISE FROM OR RELATE TO ANY ALLEGATION THAT I OR ANY OTHER PERSON AT THE EVENT OR ACTIVITY CONTRACTED COVID-19 AT THE EVENT OR ACTIVITY. I FURTHER AGREE TO INDEMNIFY AND HOLD HARMLESS INVICTUS ANALYTICS, LLC, THE BLOCK, LLC, ITS OWNERS, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES FROM ANY SUCH CLAIM MADE AGAINST THEM, BY ANY PERSON CLAIMING TO HAVE CONTRACTED COVID-19 FROM ME AT THE EVENT OR ACTIVITY.
4. MEDIA RELEASE: I UNDERSTAND THAT THE EVENT(S) MAY BE PHOTOGRAPHED, VIDEOTAPED, OR OTHERWISE RECORDED, AND I AGREE THAT INVICTUS ANALYTICS, LLC MAY USE MY NAME AND LIKENESS (IN ANY FORM WITHOUT REGARD TO DISTORTIONS OF CHARACTER, FORM, OR COLOR, OR ANY OTHER ALTERATION) IN PHOTOGRAPHS, VIDEOTAPES, AUDIOTAPES, AND OTHER MEDIA, WITHOUT ANY ADDITIONAL CONSIDERATION TO ME OR TO ANY THIRD PARTY. I HEREBY GRANT TO INVICTUS ANALYTICS, LLC THE ABSOLUTE AND IRREVOCABLE RIGHT AND UNRESTRICTED PERMISSION TO USE MY NAME, SIGNATURE, LIKENESS, IMAGE, VOICE, AND/OR APPEARANCE AS SUCH MAY BE EMBODIED IN ANY PHOTOS, VIDEO RECORDINGS, AUDIOTAPES, DIGITAL IMAGES, TAKEN OR MADE ON BEHALF OF INVICTUS ANALYTICS, LLC OR ITS AFFILIATES, AT THIS EVENT, OR ANY FUTURE EVENTS I PARTICIPATE IN RELATING TO INVICTUS ANALYTICS, LLC, WITH ALL ADVERTISING RIGHTS RESERVED BY INVICTUS ANALYTICS, LLC. I AGREE THAT INVICTUS ANALYTICS, LLC HAS COMPLETE OWNERSHIP OF SUCH MATERIAL AND CAN USE SAID MATERIAL FOR ANY LAWFUL PURPOSE, INCLUDING, BUT NOT LIMITED TO, VIDEOS, PUBLICATIONS, ADVERTISEMENTS, NEWS RELEASES, TELEVISION, MOVIES, WEBSITES, AND ANY PROMOTIONAL OR EDUCATIONAL MATERIALS IN ANY MEDIUM. I ACKNOWLEDGE THAT I WILL NOT RECEIVE ANY COMPENSATION FOR THE USE OF SUCH IMAGES, VIDEO, LIKENESS, ETC. I HEREBY RELEASE AND DISCHARGE INVICTUS ANALYTICS, LLC, AND ITS AGENTS, REPRESENTATIVES AND ASSIGNEES, AND AFFILIATES FROM ANY AND ALL CLAIMS AND DEMANDS ARISING OUT OF OR IN CONNECTION WITH THE USE OF MY NAME, LIKENESS, IMAGE, VOICE AND/OR APPEARANCE, INCLUDING ANY AND ALL CLAIMS FOR INVASION OF PRIVACY, RIGHT OF PUBLICITY, MISAPPROPRIATION OR MISUSE OF IMAGE, AND/OR DEFAMATION. THIS RELEASE SHALL BE BINDING UPON ME, MY ESTATE, MY INSURERS, MY HEIRS, LEGAL REPRESENTATIVES, AND ASSIGNS.
5. Modification. The provisions of this waiver and release can only be modified by a written instrument executed by an authorized agent of Invictus Analytics, LLC.
6. Entire Agreement. This waiver and release constitutes the entire agreement and understanding by the participant and cancels, terminates, and supersedes any prior agreement or understanding relating to the subject matter hereof.
7. Severability. If any part of this waiver and release is found to be void by law, the remaining provisions of this agreement will nevertheless be binding with the same effect as though the void portions were deleted.
8. Governing law. The construction and meaning of the terms and provisions of this waiver and release will be interpreted in accordance with the laws of the state of Texas. Any dispute under this waiver and release shall be submitted exclusively to arbitration under the rules of the American Arbitration Association in Tarrant County, Texas.
I certify that I have read this waiver, fully understand this waiver, and sign this waiver freely on my own sill and accord. I FULLY UNDERSTAND IT IS A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. I agree that I will adhere to the rules and regulations set forth by Invictus Analytics, LLC and The Block, LLC from time to time, without prior notice to me.
This Privacy Policy (“Privacy Policy”) explains the privacy practices governing information collected through the Mindbody website (located at https://www.mindbodyonline.com/) (collectively, the “Site”) which is operated by Invictus Analytics, LLC (“Company,” “we,” “our” or “us”). This Privacy Policy applies to the Site and all services offered by us through the Site.
Please read this Privacy Policy carefully because when you submit information to or through the Site, you are consenting to the collection, processing and retention of your information as described in this Privacy Policy. Capitalized terms used but not defined herein have the meanings assigned to them in the Terms of Use.
If you do not agree with any part of this Privacy Policy, please stop using the Site and its services immediately.
INFORMATION WE COLLECT
Information You Provide to Us. When you use the Site, we may collect information that could reasonably be used to contact you or to identify you personally, including without limitation your name, email address, telephone number, or mailing address (“Personal Information”). You may also be asked to provide us with Personal Information when you register for an account or sign up to stay updated about our favorite products and services.
Information We Collect Automatically. Whenever you visit or interact with the Site, we may use a variety of technologies that automatically or passively collect information about how you access or use the Site (“Usage Information”). Usage Information may include your browser type, operating system, the page served, the time, and the preceding page views. However, this information does not identify you as an individual user. We do not treat Usage Information as Personal Information unless it is combined with other data that, once linked, can be used to identify you. Usage Information helps us understand which parts of the Sites are the most popular, where our online visitors are going, and what content or services users may find useful.
Cookies and Do Not Track. We may collect information about you or your use of the Site through cookies, tracking pixels or other technologies. We use this information to better understand, customize and improve the Site, services and offerings. The information we collect through cookies or tracking pixels may help us understand how visitors use and engage with the Site. If you have provided us with your Personal Information, for example, when you registered on the Site or requested information from us, we may associate this Personal Information with information we have collected through cookies, tracking pixels or other technologies.
Cookies. A “cookie” is a file that websites send to a user’s computer or other Internet-connected device to uniquely identify the user’s browser or to store information or settings in the browser. Your browser may tell you how to be notified when you receive certain types of cookies or how to restrict or disable certain types of cookies. Please note, however, that without cookies you may not be able to use all of the features of the Site. When you use the Site, neither we nor any third parties collect Personal Information about your online activities, over time or across third party websites. The Help section of your browser may tell you how to prevent your browser from accepting cookies. To find out more about cookies, visit www.aboutcookies.org.
Third parties that we partner with may also use cookies, tracking pixels or other technologies to automatically collect information about your use of the Site. Data collected from a particular browser or Device may be used with another Device that is linked to the browser or Device on which such data was collected. We may also work with third parties to serve ads to you as part of a customized campaign on other websites or platforms. Some third-party partners and service providers that we engage may also place their own cookies on your browser. Note that this Privacy Policy only covers our use of cookies and does not include use of cookies by such third parties.
Google Analytics. We use a tool called “Google Analytics” to collect information about your use of the Site. Google Analytics collects information such as how often you visit the Site, what pages you visit when you do, and what other sites you may have visited prior to coming to this Site. We use the information we get from Google Analytics only to improve the Site. Google Analytics collects only the IP address assigned to you on the date you visit the Site, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with any other Personal Information we may have collected from you. Although Google Analytics deploys a permanent cookie on your web browser to identify you as a unique user the next time you visit this site, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to the Site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You can prevent Google Analytics from recognizing you on return visits to the Site by disabling cookies on your browser.
Do Not Track. Currently, the Site is not designed to respond to “Do Not Track” signals sent from your browser. For more information more about “Do Not Track,” please visit www.allaboutdnt.org.
HOW WE USE YOUR INFORMATION
Any information you submit through the Site may be used for a variety of purposes, including, for example, to:
• respond to your questions and requests;
• give you access to various Site features;
• verify your identity;
• improve the Site;
• provide you customer service;
• provide you with advertising and marketing communications;
• communicate with you or obtain your input; and
• in our discretion, to make changes to the Site or any of our policies.
We will only use the information you provide to us in a manner that is consistent with this Privacy Policy or where we have otherwise obtained your consent.
We may also use your Personal Information to send you relevant updates or newsletters with information that you have requested or that we think may be of interest to you.
HOW WE SHARE YOUR INFORMATION
We do not sell, trade, or rent your Personal Information to others. However, we may share your Personal Information under the following circumstances:
Service Providers. We may share your Personal Information with partner organizations or third parties that perform functions on our behalf (“Service Providers”) to carry out your requests, respond to your inquiries or to make various programs, services or features of the Site available to you. These Service Providers may also help us to host or operate the Site, analyze data, provide customer service, administer surveys and questionnaires or assist with marketing and promoting products or services. We take commercially reasonable efforts to confirm that these Service Providers are only using your Personal Information to perform functions on our behalf.
Business Transfers. We may share your information, including your Personal Information, with our parent entity, or its subsidiaries and affiliates for internal reasons, primarily for business and operational purposes. We may share or transfer your information, including your Personal Information in connection with a merger, sale, acquisition, divestiture, restructuring, reorganization, dissolution, bankruptcy or other change of ownership or control by us or any affiliated entity (in each case, whether in whole or in part).
Legal Disclosure. We may transfer and disclose information, including your Personal Information, to third parties to comply with a legal obligation, when we believe in good faith that the law requires it, at the request of governmental authorities conducting an investigation, to verify or enforce our Terms of Use, Privacy Policy or other applicable policies, to respond to an emergency or otherwise to protect the rights, property, safety, or security of the Company, third parties, visitors to the Site or the public.
YOUR PRIVACY CHOICES AND ACCESS
You may always direct us not to share your Personal Information with third parties, not to use your Personal Information to provide you with additional or not to send you newsletters, updates, emails or other communications by:
• sending us an email at info@invictusbaseball.com
• following the removal or unsubscribe instructions in the communication that you receive.
If you wish to verify, correct, or update any of your Personal Information collected through the Site, you may contact us at the email address included above. In accordance with our routine record keeping, we may delete certain records that contain Personal Information that you have submitted through the Site. We are under no obligation to store such Personal Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information. In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups or other technology-related reasons.
CHILDREN
We do not knowingly collect information from children under 13 years of age. If we learn that a child under the age of 13 has provided us with any Personal Information without first receiving their parent or guardian’s verified consent, we will use that information only to respond directly to that child (or his or her parent or legal guardian) to inform the child that he or she cannot use the Site. We will then dispose of such Personal Information in accordance with this Privacy Policy. If you believe we may have any information from or about a child under the age of 13, please contact us at info@invictusbaseball.com.
REFERRAL PROGRAMS
We may offer features which allow you to notify or invite your contacts about the Site. If you choose to use our referral features, we may ask you for your referral’s email address to send them an electronic communication inviting them to join the Site. We will store this information for the sole purpose of sending this email and tracking the success of our referral program. If you choose to participate in our referral programs, you represent and warrant that you have a personal relationship with your referral and that you are authorized to share their information with us for the purpose of sending this communication to invite them to join the Site. If you believe that one of your contacts has provided us with your Personal Information and you would like to request that it be removed from our database, please contact us at info@invictusbaseball.com.
LINKS TO OTHER WEBSITES
The Site may contain links to other sites or services, maintained by third parties. Certain products or services available on our Website are provided to you in partnership with third parties and may require you to disclose personal information in order to register for and access such products or services. These links are provided only as a convenience to you. We have no control over, and is not responsible for any content or services offered by or found on third party sites, or their privacy policies. Links to third party sites do not constitute an assumption of liability for or our sponsorship, endorsement or approval of these sites or the content contained on these sites.
ACCESSING OUR SITE GLOBALLY – TRANSFER OF DATA
The Site is governed by and operated in, and in accordance with the laws of the United States. We make no representation that the Site is governed by or operated in accordance with the laws of any other nation. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that information we collect may be transferred to and processed in the United States. By using the Site, or providing us with any information, you (a) acknowledge that the Site is subject to the laws of the United States, (b) consent to the collection, processing, maintenance and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen, and (c) waive any claims that may arise under those laws.
SECURITY MEASURES
We use certain reasonable security measures to help protect your Personal Information. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us, and you use the Site and provide us with your information at your own risk.
CHANGES
We may update and post revisions to this Privacy Policy from time to time and will updated the Effective Date when we do so. If our Privacy Policy changes in a way that materially affects how we handle your Personal Information, we will not use the Personal Information we currently maintain without providing you notice or obtaining your consent, where appropriate. We encourage you to review this page for the latest information about our privacy practices.
CONTACT US
If you have any questions or concerns about this Privacy Policy, please contact us by email at info@invictusbaseball.com.
