The information which the Company collects through the Website may include personally identifiable information (“Personal Information”) which refers to information that helps it identify users or viewers of the Website (collectively, “Users” and each a “User”). The Personal Information includes, without limitation, data such as a User’s name, street address, phone number, facsimile number, image, email address, username, login id and password and demographic information about the User such as his age and/or gender. Users are responsible for keeping all Personal Information current and may change any previously entered information through the Website in the manner set forth below.
The Website may also collect data that cannot be traced back to a specific individual (“Anonymous Information”). For example, the Company may be able to keep count of how many Users have viewed the Website and specific content therein, or key words utilized to find the Website, but this information does not necessarily include information regarding Users’ names, street addresses, phone numbers or email addresses. Users who view the Website but do not enter their Personal Information are generally anonymous Users. Only Anonymous Information and no Personal Information will be intentionally collected by the Company from anonymous Users. The Website may use browser cookies to collect Anonymous Information. The Website may also incorporate web beacons or similar tracking technologies to allow the Company to track how the Website is used. Such technologies are used to collect Anonymous Information, e.g. the name of the User’s internet service provider, the IP address of the User’s computer, User’s browser software and operating system, the identity of any linked-form or linked-to website and other similar information. The Company may combine a User’s Anonymous Information with similar information collected from other Users to help improve the Website and the Company’s products and services.
The Company may also keep track of which products or services the User purchases. Notwithstanding the foregoing, the Company does not currently knowingly store credit card numbers on its servers. All credit card information and identifying information is processed through an independent third-party, such as Chargify, as made available through the Website (“Payment Processor”). The User acknowledges that the Payment Processor is an independent third party with no affiliation with the Company. Accordingly, the Company cannot attest to or otherwise be responsible for the acts of the Payment Processor, including without limitation, its collection and use of information. User acknowledges that it is solely his responsibility to investigate the Payment Processor’s policies and to ensure that he is satisfied with the same. User provides his information to the Payment Processor at his own risk. Moreover, solely the User will be responsible for complying with the terms and conditions of the User’s agreement with the Payment Processor, which may include, but is not limited to, the way the Payment Processor collects information, the manner in which they process payments and the duties and obligations that the User has with the Payment Processor. The Company does not know of the policies of independent third-parties, including the Payment Processor, and is not responsible for the information collected or how the information is used by any third-parties, including, without limitation, the Payment Processor.
If the User believes that he has been mistakenly billed, the User has the duty and obligation to notify the Payment Processor immediately of such error. The User must review the Payment Processor’s policy with regard to their notice requirement. The User releases the Company and the Website from all liabilities and claims of loss resulting from any error or discrepancy in billing.
A User may become a registered member of the Website (“Registered User”) and/or a subscriber to any on-line(s) plan offered by Company (“Subscriber”), in which case the User may be asked to provide certain Personal Information, including his name, address, telephone number, email address, birth date, a unique login name, password and password validation, and/or a password hint to help the User remember his password. User may also be asked to provide other Personal Information with respect to setting up his profile including his height, weight, fitness goals and exercise and/or nutritional and diet habits. This information is collected within the registration and/or subscription process, in order to allow for greater ease in the Registered User and/or Subscriber utilizing the Website and its interactive features; to allow the Company and the Website to identify the Registered User and/or Subscriber; to allow Company to contact the Registered User and/or Subscriber for customer service purposes, if necessary; and, to allow the Company to offer and provide products and/or services. In addition, Company may request Registered User’s and/or Subscriber’s email address to confirm new member registration and to enable email or other electronic communications to be made through the Website. Moreover, the Company may utilize a Registered User and/or Subscriber’s email address to send updates, newsletters, news, promotional offers, advertisements or any other information regarding the Website, the Company, to the Registered User and/or Subscriber. In the event that Registered User and/or Subscriber no longer wishes to receive such emails, he may “opt-out” by accessing his user account through the Website.
Registered Users and/or Subscribers may be providing more Personal Information than general Users to the Website and Subscribers may provide more Personal Information than a Registered User or other User. By becoming a Registered User and/or Subscriber, he assumes all risk, and agrees to these terms with regard to all of the information that the Registered User and/or Subscriber submits through the Website.
In addition, in the process of providing Personal Information to the Website, the User and/or Subscriber may have to indicate whether he consents to the Company discussing his Personal Information with his physician or other medical care provider, as designated by the User and/or Subscriber. By selecting “Yes” to this inquiry, the User and/or Subscriber is providing the Company with unfettered permission to contact and disclose, consult and/or discuss User and/or Subscriber’s Personal Information with his physician or other medical care provider. However, by selecting “No” to the above-referenced inquiry, the Company will not contact or discuss, consult and/or discuss the Personal Information with the User and/or Subscriber’s physician and/or medical care provider. That being said, the User and/or Subscriber specifically acknowledges that the Company has complete discretion to deny access and/or registration to the Website where the User and/or Subscriber has failed to consent to the Company discussing his Personal Information with the User and/or Subscriber’s physician and/or other medical care provider.
The Company undertakes reasonable efforts to operate secure data networks which are protected by industry standard firewall and password protection systems. The Company undertakes reasonable efforts to review its security and privacy policies on a periodic basis and it may adjust and change the systems as necessary. Notwithstanding the above, and although the Company is diligent in its security pursuits, it cannot guarantee the success of its efforts. Company undertakes no duty to provide notice to any Users of a security breach, unless otherwise required to do so by law.
It is the Company’s policy to not use or share the Personal Information of Users of the Website in ways which have not been outlined or described herein without first allowing its Users a chance to opt out or otherwise disallow such unrelated uses. However, the Company may disclose Personal Information about its Users or information relating to their Use of the Website for any reason if, in its sole discretion, it determines that it is reasonable to do so, including, without limitation:
A. To comply with laws, such as the Electronic Communications Privacy Act, regulations or governmental or legal requests for such information;
B. To reveal information that is needed to identify, contact or bring legal action against any User who may be violating the terms and conditions of the Website;
C. To operate the Website properly;
D. To protect the Website and its Users; and/or
E. To fully cooperate with law enforcement authorities, private-party litigants and others seeking information about its Users to the extent required by applicable law.
If a Registered User would like to modify or delete any Personal Information previously entered on the Website, he can update his information through the Website by accessing the “My Account” section of the User’s “Profile” page.
The Company does not knowingly collect or use any personal information from children (minors younger than 18) through the Website. If the User is a parent and believes the Company may have inadvertently collected such information from User’s child, please notify the Company immediately by sending an email to firstname.lastname@example.org.