By using this service you are allowing MB Spirit to access MINDBODY on your behalf. This permission will allow us to access and manipulate your data. Our guarantee is to protect our networks to protect your information, and to use this access only in the delivery of this service.

MB Spirit is a brand of Bistromatics Inc., a development partner with MINDBODY Inc, meaning we pay fees on your behalf for use of this service to MINDBODY Inc. Because we receive our data in realtime for some of the services offered, we cannot guarantee complete uptime of the service.

In provision of this service we will temporarily cache your data, and will hold content that you provide in execution of the service. Should you choose to cancel your service, we will remove our access to MINDBODY for your site and will delete all MINDBODY data associated with your account. Billing and profile data may be retained for our own accounting purposes, but will not be used in any other way.

MB Spirit may use data collected from use of this service to gather anonymous statistical analysis about activities and trends within our system. No information will be given to third parties without your express consent.

As the service expands, you have options to opt-in to shared marketing opportunities, wherein you allow us to reproduce information you have provided to us in other ways within our service.

MB Spirit may send occasional newsletters, offers and recommended add-ons via email. I understand that I may opt-out of these emails at any time. Service and billing alerts will be sent to the email account used during registration.

Monthly fees are non-refundable. We pay a portion of the fee to MINDBODY to provide the service, and these fees are non-refundable. Non-payment of fees will result in immediate lockout of the service. Widgets used on your site will return a message indicating that the service is unavailable.

You are responsible for management of copyrighted material that you include with your content. All content uploaded or added under your account is considered owned by you. Should action be taken for copyright infringement, you will be responsible for assuming all costs associated with resolution of the infringement.

Any reported abuse of this service will result in either a freeze to your account, or a termination of your service.

All reported issues with the service will be addressed immediately, and we will report any scheduled maintenance to you either via email or through our web site/Twitter feeds.

MB Spirit uses data from the MINDBODY API to render content from MINDBODY on your web site. By using MB Spirit, you acknowledge the terms of MINDBODY Developers API Branding Requirements and the MINDBODY Terms of Service.

Limited Liability

You expressly understand and agree that MB Spirit shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.

Legal Stuff

For the purpose of these terms of service MB Spirit (Bistromatics Inc.) will be referred to as MB Spirit. You, as the party agreeing to these terms and using the service, will be referred to as the Licensee. Any developer or third party supporting you with implementation of this service will be referred to as the Agent.

1. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof.
2. Changes to this Agreement by Licensee will only be effective if agreed to in writing by MB Spirit.
3. Except to the extent applicable law, if any, provides otherwise, this Agreement shall be governed by the laws of the Ontario, Canada, excluding its conflict of law provisions.
4. Unless otherwise agreed in writing, all disputes relating to this Agreement (excepting any dispute relating to intellectual property rights) shall be subject to final and binding arbitration in Ottawa, Ontario, Canada, with the losing party paying all costs of arbitration.
5. If any provision in this Agreement should be held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect.
6. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof.
7. The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement shall be enforceable notwithstanding said expiration or termination.
8. Neither Licensee nor its Agent may assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein except in the case of a merger or the sale of all or substantially all of Licensee’s or Agent’s assets to another entity.
9. This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns.
10. Neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control.
11. The relationship between MB Spirit and Licensee and Agent is that of independent contractors and neither Licensee nor its Agents shall have any authority to bind MB Spirit in any way. MB Spirit may change the terms of this Agreement from time to time. By continuing to use any MB Spirit Service beyond a period of thirty (30) days after notice of such change has been provided on a public website of MB Spirit or its affiliate for the first time, Licensee and its Agent signify their consent to the revised terms.
12. Each Party covenants that it will carry out all of its activities hereunder and associated with products and technologies resulting herefrom in full compliance with all applicable laws.
13. Licensee and its Agent acknowledge and agree to take full responsibility to test, support and commercialize their respective products and services.

MB Spirit respects the privacy of every individual who visits our website and uses our service. This privacy statement provides notice of the standards and terms under which MB Spirit protects the privacy of information supplied by visitors.

By submitting an online order form, or by using MB Spirit service, Customer hereby agrees to the following Privacy Policy. Customer agrees that it shall comply with and require its end users to comply with this Privacy Policy, MB Spirit Terms of Service (TOS), MB Spirit Acceptable Use Policy (AUP), ansd MB Spirit No-Spam Policy (NSP). In this document, the word "Agreement," with a capital "A," refers to the TOS, the AUP, the NSP, and the Privacy Policy collectively.

1. Introduction.
MB Spirit. respects the privacy of every individual who visits its Web sites and uses its services. This privacy statement provides notice of the standards and terms under which MB Spirit protects the privacy of information supplied by visitors to sites on the World Wide Web that are owned and operated by MB Spirit. This privacy statement provides notice of our information collection practices and of the ways in which your information may be used. This policy may change from time to time, so please check back periodically to review this information.

2. Personally Identifiable Information.
MB Spirit typically receives specific data about its Web site visitors only when such information is provided voluntarily, such as when our visitors request information, purchase or enroll for services, provide resume information for employment opportunities, or send us e-mail. Of course, some of these activities require that you give us information, such as when you make a purchase, use a credit card or electronic payment service to pay for MB Spirit services, submit your resume, or request certain types of information.

We collect the following types of information about you.

Contact Information

• Name
• Company
• Postal Address
• City
• Province
• Country
• Postal code
• Email address
• Telephone number
• Fax number
• Internet domain name

Financial Information

• Credit or debit card information
• Cardholder name
• Card number
• Type of card (e.g., Visa, Mastercard)
• Expiration date
• Security code
• Paypal account information
• Email address of PayPal account

Verification Data

• Internet Protocol (IP) address for fraud-prevention purposes

When you provide personally identifiable information to MB Spirit through one of our Web sites, it will be used to fulfill your specific request. However, MB Spirit reserves the right, in its discretion, to send you bulletins and other important information about your MB Spirit services.

MB Spirit occasionally sends service communication e-mails through mb-spirit.com. The service communication e-mails are essential to our registering you for service and to our continuing provision of services to you. Therefore, you may not opt out of receiving these e-mail messages.

MB Spirit will not, however, sell, trade, or otherwise disclose your personally identifiable information unless we are authorized or legally required to do so, or in the case of imminent physical harm to any person. On those MB Spirit sites where you may provide MB Spirit with credit card, electronic payment service, or other ordering information via the Web, MB Spirit protects and secures this information by employing commercially customary Web-based security and encryption protocols, an example of which is the Secure Socket Layer (SSL). On those sites where you voluntarily offer any feedback, data, answers, questions, comments, suggestions, ideas or the like, MB Spirit will treat that portion of the information as non-confidential and non-proprietary and, except as otherwise expressed in this privacy statement, MB Spirit assumes no obligation to protect such information from disclosure.

3. Non-Personally Identifiable (Generic) Information.
In general, MB Spirit gathers some generic information automatically. Generic information does not reveal the identity of the visitor. It usually includes information about the Internet address assigned to your computer, the number and frequency of visitors, and the MB Spirit sites visited. MB Spirit gathers this information for the limited purpose of determining customer service and Web site needs. We accomplish this by using certain technologies, including "cookies" (a technology that can be used to provide the visitor with tailored information about MB Spirit services). MB Spirit does not combine information collected in this way with any personally identifiable information. You can set your Web browser to notify you when you receive a cookie and you can refuse it.

4. Your MB Spirit Hosted Web Site, Bulletin Boards, Chat Rooms and Third Party Sites.
Information that you disclose in a public space, including on any bulletin board, chat room, or Web site that MB Spirit may host for you as part of your MB Spirit services, is available to anyone else who visits that space. MB Spirit cannot safeguard any information you disclose in these locations. Additionally, MB Spirit web sites may contain links to sites that belong to third parties unrelated to MB Spirit. MB Spirit cannot protect any information you may disclose at these sites and recommends that you review the privacy policy statements of those sites you visit.

5. Exceptions and Limitations.
Notwithstanding the foregoing and in compliance with applicable laws, MB Spirit (i) cooperates fully with federal, provincial and local officials in any investigation relating to any content (including personal or private electronic communications transmitted to MB Spirit) or purported unlawful activities of any user of the MB Spirit Service, and (ii) takes reasonable measures to protect its proprietary rights. For the limited purposes of accomplishing such cooperation and measures and in compliance with applicable laws, MB Spirit may be required to disclose personally identifiable information.

In addition, MB Spirit may elect to monitor the areas of communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate MB Spirit's business; or (iii) to protect the rights or property of MB Spirit or others.

6. Sale or Transfer of MB Spirit's Stock or Assets.
In connection with the potential or actual sale or transfer of any of its interest in mb-spirit.com, and other sites owned by MB Spirit, and any of the assets or stock of the company, MB Spirit reserves the right to sell or transfer your information (including, but not limited to, name, address information, and other information you provided to MB Spirit) to a third party that (i) concentrates its business in Web hosting or communication products or services; (ii) agrees to be MB Spirit's successor in interest with regard to the maintenance and protection of information collected and maintained by MB Spirit; and (iii) agrees to the obligations of this privacy statement. To the extent it is practicable to do so, this paragraph shall also apply in the event of any bankruptcy proceedings involving MB Spirit.

In the event that MB Spirit plans to transfer your information to a third party incident to a potential or actual sale of any of MB Spirit's assets or stock, or incident to any bankruptcy proceedings involving MB Spirit, MB Spirit will:

• Notify you by e-mail, at the e-mail address then on file for your account, at least thirty (30) days prior to the transfer taking place; and
• Give you the opportunity to decide whether you wish for your information to be transferred to the third party. Please note, however, that if you choose not to allow your information to be transferred to the third party, you may have to terminate or cancel your service with MB Spirit. At the time of providing notice to you of the upcoming transfer of information to a third party, MB Spirit will tell you whether you will have to terminate or cancel your service, should you decide not to allow MB Spirit to transfer your information to the third party.

7. Changes in this Privacy Statement.
If we decide to change our privacy policy, we will post those changes in this privacy statement, and in other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, or by means of a notice via email.

8. Contact Us.
If you have any questions or suggestions regarding our privacy policy, please contact us at: support@mb-spirit.com, or at our postal address:

MB Spirit.
9 Antares Drive
Ottawa, ON K2E 7V5
CANADA

10. Access to Personally Identifiable Information.
If your personally identifiable information changes, or if you no longer desire our service, you may update it by making the change on our member information page or by e-mailing our Customer Support at support@mb-spirit.com.

11. Sharing of Information.

Agents
We use an outside credit card processing company to bill you for services. This company does not retain, share, store or use personally identifiable information for any purposes other than to bill you for our services.

Service Providers
We use other third parties to provide various additional services for you on our Web site. When you sign up for the additional services, we will share certain elements of the information you provide to us as necessary for the third party to provide that service.