Utmost Performance we respect your privacy. This Privacy Policy explains how we collect, use, disclose, retain, and protect information when you visit our website, submit a form, subscribe to our newsletter, interact with one of our links, inquire about coaching, or otherwise communicate with us.
By using our website or voluntarily providing information to us, you acknowledge the practices described in this Privacy Policy.
1. Information We Collect
Information You Provide Directly
We may collect information you voluntarily provide, including:
Your name
Email address
Telephone number, when provided
Contact-form responses
Questions, comments, and messages
Coaching interests or service inquiries
Newsletter and marketing preferences
Information submitted when booking a consultation
Information submitted through surveys, promotions, referral forms, applications, or event registrations
Other information you choose to provide
Please do not submit highly sensitive personal, financial, medical, or health information through a general website contact form unless we specifically request it through an appropriate and secure process.
Newsletter and Marketing Information
When you subscribe to our newsletter or affirmatively agree to receive marketing communications, we may collect:
Your name and email address
The date and source of your subscription
Your communication preferences
Whether an email was delivered, opened, or clicked
Links you select within an email
Unsubscribe and suppression-list information
Submitting a general contact form allows us to respond to your inquiry. We will enroll you in newsletters or promotional marketing communications only when the form clearly discloses that purpose and you provide the requested consent.
Information Collected Automatically
When you visit or interact with our website, emails, Linktree page, social-media links, or other digital content, we and our service providers may automatically collect information such as:
Internet Protocol address
Browser and device type
Operating system
General or approximate location
Pages viewed
Time spent on a page
Buttons and links selected
Referring website or platform
Entry and exit pages
Date and time of access
Website performance and error information
Cookie or device identifiers
UTM parameters, referral codes, and campaign-source information
Whether you arrived through Linktree, social media, email, advertisements, search results, or another source
This information helps us understand how visitors find and use our website and how our marketing campaigns perform.
2. Cookies and Tracking Technologies
We and our service providers may use cookies, pixels, tags, analytics tools, embedded scripts, and similar technologies.
These technologies may be used to:
Keep the website functioning properly
Remember preferences
Measure website traffic and visitor activity
Identify referral and campaign sources
Evaluate Linktree and social-media traffic
Understand which pages, emails, and links receive engagement
Improve website content and performance
Measure the effectiveness of marketing campaigns
Detect fraudulent, abusive, or unauthorized activity
You may be able to control cookies through your browser or through any cookie-preference tool provided on our website. Blocking certain cookies may affect website functionality.
3. How We Use Information
We may use information to:
Respond to questions and contact requests
Provide information about coaching and other services
Schedule consultations
Communicate with current and prospective athletes
Send newsletters when requested or authorized
Send promotional and marketing communications when authorized
Personalize communications and website experiences
Manage referrals, promotions, and community programs
Operate, maintain, and improve our website
Understand website and campaign performance
Determine which platforms or links bring visitors to us
Develop new content, services, and marketing campaigns
Maintain security and prevent fraud or misuse
Comply with legal obligations
Enforce our agreements and policies
Protect the rights, safety, and property of Utmost Performance and others
We will not use personal information for a materially different purpose without providing an appropriate notice and obtaining consent when required.
4. Email Communications
When you expressly subscribe or consent to marketing communications, we may send you:
Newsletters
Training and educational content
Coaching information
New-service announcements
Event and community updates
Promotional offers
Referral-program information
Other Utmost Performance marketing communications
You may unsubscribe from marketing emails at any time by selecting the unsubscribe link contained in the email or contacting us at mario@utmostperformance.org.
Unsubscribing from marketing does not prevent us from sending necessary transactional or service-related communications, such as responses to your inquiries, appointment information, account notices, or communications related to an existing coaching relationship.
We may retain your email address on a suppression list after you unsubscribe so that we can honor your request and avoid sending additional marketing messages.
5. How We Share Information
We may share information with service providers that help us operate our business, including providers of:
Website hosting and development
Contact forms and database management
Email newsletter and marketing services
Customer relationship management
Scheduling and booking services
Website analytics
Link management and Linktree services
Marketing attribution and campaign tracking
Workflow automation
Cloud storage
Payment processing, when applicable
Website security and fraud prevention
Professional legal, accounting, or consulting services
These providers may process information on our behalf under their own agreements and privacy practices.
We may also disclose information:
When required by law, regulation, subpoena, court order, or legal process
To investigate fraud, security incidents, or prohibited activity
To protect our rights, property, users, athletes, or the public
In connection with a merger, sale, restructuring, financing, or transfer of business assets
With your permission or at your direction
We do not sell personal information for money. We will update this Privacy Policy and provide any legally required choices before engaging in practices legally considered a sale or targeted advertising.
6. Third-Party Websites and Platforms
Our website may link to Linktree, social-media platforms, video platforms, email services, booking tools, payment processors, or other third-party websites.
When you leave our website or interact directly with a third-party platform, that third party’s privacy policy and terms apply. We do not control and are not responsible for the privacy, security, content, or practices of third-party services.
7. Data Retention
We retain personal information for as long as reasonably necessary to:
Respond to an inquiry
Provide requested services
Maintain an active coaching or business relationship
Send communications you have requested
Operate and improve our business
Comply with legal, tax, accounting, and recordkeeping obligations
Resolve disputes
Enforce agreements
Maintain security
Honor unsubscribe and privacy requests
Retention periods may differ depending on the type of information and why it was collected.
8. Data Security
We use reasonable administrative, technical, and organizational safeguards designed to protect personal information against loss, misuse, unauthorized access, disclosure, alteration, or destruction.
No website, email system, database, or internet transmission is completely secure. Therefore, we cannot guarantee absolute security.
9. Your Privacy Choices and Rights
Subject to applicable law, you may request that we:
Confirm whether we process your personal information
Provide access to certain personal information
Correct inaccurate information
Delete certain information
Provide a portable copy of certain information
Stop sending marketing communications
Withdraw consent when processing is based on consent
Provide information about categories of third parties with whom information is shared
Consider an appeal when a privacy request is denied
To submit a request, email Mario@utmostperfromance.org with the subject line “Privacy Request.”
Please include enough information for us to identify the information involved and understand your request. We may need to verify your identity before completing a request.
You will not be discriminated against for exercising an applicable privacy right.
Authorized agents may submit requests where permitted by law, but we may require proof of authorization and identity verification.
10. Children’s Privacy
Our website and services are not directed to children under 13, and we do not knowingly collect personal information directly from children under 13 through the website.
If you believe a child under 13 has provided personal information to us without appropriate parental permission, contact us at [privacy email address] so we can review and delete the information when appropriate.
Athletes under 18 should have a parent or legal guardian involved before entering a coaching agreement or submitting detailed personal information.
11. Do Not Track Signals
Some browsers allow users to send “Do Not Track” signals. Because there is not a universally accepted standard for responding to these signals, our website may not respond to every Do Not Track request.
You may still manage cookies through your browser and any privacy-preference tools available on the website.
12. International Visitors
Utmost Performance is operated from the United States. If you access the website from another country, your information may be transferred to, stored in, and processed in the United States or other locations where our service providers operate.
Privacy protections in those locations may differ from those in your country.
13. Changes to This Privacy Policy
We may update this Privacy Policy to reflect changes in our services, technology, business practices, or legal obligations.
The updated version will be posted on our website with a revised “Last Updated” date. Material changes may also be communicated through the website or by email when appropriate.
14. Contact Us
For questions, privacy requests, or concerns about this Privacy Policy, contact:
Utmost Performance
Email: Mario@utmostperfromance.org
Website: utmostperfromance.org
These Terms and Conditions (“Terms”) govern your access to and use of the Utmost Performance website, content, contact forms, newsletters, digital resources, and related online services.
By accessing or using the website, you agree to these Terms and our Privacy Policy. If you do not agree, please do not use the website.
1. About Utmost Performance
Utmost Performance provides cycling-related educational content, coaching information, training discussions, newsletters, community information, and opportunities to inquire about professional coaching services.
Website access does not automatically create a coach-athlete, professional, fiduciary, medical, or other formal relationship. A coaching relationship begins only after the parties complete any required consultation, enrollment, payment, waiver, and coaching agreement.
2. Eligibility
You must be legally capable of entering into an agreement to use our services.
Individuals under 18 must have the involvement and permission of a parent or legal guardian before purchasing coaching services, participating in programs, or submitting detailed personal information.
The website is not directed to children under 13.
3. Educational Information Only
Website articles, newsletters, videos, social-media posts, downloads, and other general content are provided for educational and informational purposes.
General content is not individualized coaching advice and should not be treated as a substitute for a personal training plan, professional medical advice, diagnosis, treatment, physical examination, or emergency care.
Training responses vary between individuals. Content presented on the website may not be appropriate for every athlete, age, experience level, medical condition, injury history, or training environment.
4. Health and Safety
Cycling, exercise, racing, strength training, and endurance training involve inherent risks, including falls, collisions, overexertion, illness, injury, disability, and death.
You are responsible for evaluating your health and ability to participate. Consult an appropriately qualified medical professional before beginning or changing an exercise program, particularly when you have an injury, health condition, symptoms, medication concerns, or other risk factors.
Do not disregard medical advice because of something you read, hear, or view through Utmost Performance.
For a medical emergency, contact emergency services immediately.
5. No Guaranteed Results
Utmost Performance does not guarantee:
Specific race results
Fitness improvements
Performance gains
Selection for a team
Qualification for an event
Weight or body-composition changes
Injury prevention
Scholarships, contracts, sponsorships, or financial results
Any particular personal or athletic outcome
Results depend on factors outside our control, including health, training history, consistency, recovery, nutrition, sleep, environment, compliance, equipment, competition, and individual response.
Testimonials and athlete results represent individual experiences and do not guarantee that another person will achieve similar results.
6. Contact Forms and Communications
You agree that information submitted through the website is accurate and does not violate another person’s rights.
When you submit a contact form, you authorize us to use the information to review and respond to your inquiry.
Marketing and newsletter communications are governed by the consent disclosure presented on the relevant form and by our Privacy Policy. You may unsubscribe from marketing communications using the link included in an email.
Submitting an inquiry does not obligate Utmost Performance to accept you as an athlete or provide services.
7. Coaching Services and Separate Agreements
Paid coaching, consultations, programs, memberships, events, and other services may be governed by additional agreements, waivers, policies, or checkout terms.
Those additional terms may address matters such as:
Pricing
Billing
Renewals
Cancellation
Refunds
Rescheduling
Athlete responsibilities
Communication expectations
Training-data access
Assumption of risk
Medical clearance
Emergency procedures
Intellectual property
Termination of coaching
When additional terms conflict with these website Terms, the more specific service agreement will control for that service.
8. Purchases, Billing, and Refunds
Prices and service descriptions may be changed at any time before a purchase is completed.
You agree to provide accurate payment and billing information. Payments may be processed by a third-party payment provider, whose terms and privacy practices will also apply.
Refunds, cancellations, renewals, and rescheduling are governed by the policy presented at checkout or in the applicable coaching or service agreement.
Unless otherwise required by law, purchasing a service does not create a right to a refund beyond the rights stated in the applicable agreement or purchase terms.
9. Intellectual Property
Unless otherwise stated, the website and its original content are owned by or licensed to Utmost Performance, including:
Text
Articles and newsletters
Videos
Photographs and graphics
Branding and logos
Training explanations
Downloads
Website design
Audio
Course or educational materials
Original program structures and resources
The content is protected by copyright, trademark, and other intellectual-property laws.
You may access the content for personal, noncommercial use. You may not, without written permission:
Copy or republish substantial portions
Sell, sublicense, or redistribute content
Remove copyright or ownership notices
Reproduce paid or restricted materials
Use content to create a competing service
Scrape, harvest, or systematically download content
Present our content as your own
Use our name, logo, images, or likenesses for advertising
Train an artificial-intelligence system on restricted or paid content
Modify and commercially distribute our materials
Limited sharing through built-in social-media sharing features is permitted when attribution and links to the original content remain intact.
10. User Submissions
When you send us comments, testimonials, photographs, training information, suggestions, questions, or other materials, you confirm that:
You have the right to submit them
The information is accurate to the best of your knowledge
The submission does not infringe another person’s rights
The submission is not unlawful, deceptive, abusive, or malicious
Submitting information for a private inquiry does not give us permission to publish it publicly.
We will request appropriate permission before intentionally publishing an identifiable testimonial, athlete story, photograph, or similar promotional submission, unless publication rights are already provided in a separate agreement or release.
11. Acceptable Use
You may not use the website to:
Violate a law or regulation
Impersonate another person
Submit false or misleading information
Infringe intellectual-property or privacy rights
Introduce malware or harmful code
Attempt unauthorized access
Interfere with website security or operation
Scrape or harvest email addresses or personal information
Send spam or unsolicited promotions
Abuse contact forms
Harass coaches, athletes, staff, or other users
Use automated systems in a manner that places an unreasonable burden on the website
Assist another person in prohibited conduct
We may restrict or terminate access when we reasonably believe these Terms have been violated.
12. Third-Party Links and Services
The website may contain links to Linktree, social-media platforms, video platforms, event websites, payment providers, scheduling platforms, email services, and other third-party services.
Third-party services are governed by their own terms and privacy policies. Utmost Performance does not control and is not responsible for their availability, content, security, accuracy, products, services, or privacy practices.
A link does not necessarily mean that Utmost Performance endorses every statement, product, or service offered by the third party.
13. Website Availability and Accuracy
We work to provide useful and accurate information, but we do not guarantee that:
The website will always be available
Content will be error-free or complete
Every link will remain active
Information will always be current
Technical problems will be corrected immediately
The website will be free from viruses or harmful components
We may modify, suspend, remove, or discontinue website content or functionality without notice.
14. Disclaimer of Warranties
To the fullest extent permitted by law, the website and general content are provided on an “as is” and “as available” basis.
Utmost Performance disclaims all express and implied warranties, including implied warranties of merchantability, fitness for a particular purpose, title, noninfringement, accuracy, availability, and results.
Some jurisdictions do not allow certain warranty exclusions, so portions of this section may not apply to you.
15. Limitation of Liability
To the fullest extent permitted by law, Utmost Performance and its owners, coaches, contractors, representatives, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to:
Use or inability to use the website
Reliance on general educational content
Athletic participation or training decisions
Third-party links or services
Loss of data
Unauthorized access
Service interruptions
Lost profits, opportunities, or goodwill
Nothing in these Terms excludes liability that cannot legally be excluded.
Any additional liability associated with paid coaching services will be addressed in the applicable coaching agreement, waiver, or service terms.
16. Indemnification
To the extent permitted by law, you agree to indemnify and hold harmless Utmost Performance and its owners, coaches, contractors, representatives, and service providers from claims, damages, liabilities, losses, and reasonable expenses arising from:
Your unlawful use of the website
Your violation of these Terms
Your violation of another person’s rights
Information or materials you submit
Fraudulent, abusive, or unauthorized conduct
This provision does not require you to indemnify a party for conduct that cannot legally be indemnified.
17. Suspension and Termination
We may suspend or terminate website access when we reasonably believe that a user has violated these Terms, threatened the website’s security, abused our services, or created a risk of harm.
Provisions that logically should survive termination—including intellectual-property, disclaimers, liability limitations, indemnification, and governing-law provisions—will remain effective.
18. Governing Law
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles.
Any dispute relating solely to use of the website will be brought in a state or federal court with appropriate jurisdiction located in [Ellis County or applicable Texas county], Texas, unless applicable law requires otherwise.
Separate coaching agreements may contain additional dispute-resolution terms.
19. Severability
If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will continue in effect. The affected provision will be interpreted or modified only to the extent necessary to make it enforceable where legally permitted.
20. No Waiver
Failure to enforce a provision of these Terms does not waive our right to enforce it later.
21. Changes to These Terms
We may update these Terms when our website, services, business practices, or legal obligations change.
Updated Terms will be posted with a revised “Last Updated” date. Your continued use of the website after updated Terms become effective constitutes acceptance of the revised Terms to the extent permitted by law.
Material changes affecting paid services may also be communicated as required by an applicable service agreement or law.
22. Contact Information
Questions about these Terms may be directed to:
Utmost Performance
Email: mario@utmostperfromance.org
Website: utmostperformance.org
