Exercise while good for you, may be physically demanding, and it is advised that you speak with a health care provider who is familiar with your physical limitations and condition. By registering with Fitness ExcellenceSM, LLC you certify that you have received consent from your physician to participate in the programs, workouts, and exercises to be provided by Fitness ExcellenceSM, LLC. You agree to the following terms and conditions. The terms and conditions of this Agreement may be amended or modified at any time. Any amendments or modifications will be posted on our web site. Your continued usage after such changes are posted constitutes acceptance of each revised provision of the Agreement. If you do not agree with the terms of this Agreement or any revised Agreement, please refrain from using Fitness ExcellenceSM, LLC and speak with one of the principals or trainers.
From time to time, our site may go down and some (or all) of your data could be lost. Please understand that we cannot be held responsible or liable for data that is irretrievable, damaged, or altered. We are constantly trying to improve our site and technologies. We value your comments and feedback, as your input plays an integral role in our site's development. NOTE: Fitness ExcellenceSM, LLC cannot accept information from individuals who are under 14 years of age without first obtaining express parental consent.
You should never disregard medical or health care advice or delay in seeking health care or medical advice because of something you have read on the Fitness ExcellenceSM, LLC web site. IF YOU HAVE ANY QUESTIONS AS TO WHETHER SOMETHING THAT YOU HAVE READ WOULD CONFLICT WITH, OR IMPACT ON, ANY ADVICE GIVEN BY A HEALTH CARE PROVIDER, SEEK MEDICAL OR HEALTH CARE ADVICE BEFORE ENGAGING IN THE ACT OR ACTION CONTAINED ON THIS SITE. Fitness ExcellenceSM, LLC is not responsible for any health problems that may result from training programs, products, or events you learn about through Fitness ExcellenceSM, LLC. If you engage in any exercise program you receive through Fitness ExcellenceSM, LLC, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge Fitness ExcellenceSM, LLC from any and all claims or causes of action, known or unknown, arising out of Fitness ExcellenceSM, LLC's negligence. You agree to indemnify and hold harmless Fitness ExcellenceSM, LLC for any loss, liability, claim, damage, and expenses (including reasonable attorneys' fees) arising from or in connection with your use of the information or services you receive through Fitness ExcellenceSM, LLC.
While we believe that we can provide a meaningful and helpful addition to a healthy lifestyle, in general you only get the benefit of any exercise regime in proportion to the effort which is devoted to the same. Moreover, many factors may contribute to success in any plan including diet, sleep, stress and the like. Fitness ExcellenceSM LLC can make no guarantees as to results.
Your use of any Message Boards or Public Forums available on our site is at your own risk. You are responsible for any information you disclose on these Message Boards or Public Forums and we cannot be held responsible or liable for the consequences of any use of these Message Boards or Public Forums.
We may offer merchandise from our sponsors and partners through our web site. The information you supply to affect any purchase or transaction will be passed on from our web site to the supplier or retailer filling the order. The information we will pass on to the supplier or retailer processing or fulfilling your order will be what is needed to process the order and may include (but is not limited to) your name, address, phone number, and credit card information. The privacy policies of these other affiliates, sponsors or partners may differ from those of Fitness ExcellenceSM, LLC. You should familiarize yourself with the other affiliates, sponsors or partners policies regarding privacy before providing personal information. Fitness ExcellenceSM, LLC assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of our web site. Fitness ExcellenceSM, LLC is not responsible for any representations, warranties, terms, conditions, payment, or delivery of any goods or services sold or advertised through its affiliates, sponsors or partners. Certain retail transactions may appear to be processed on our web site but are actually being processed and passed to our e-commerce affiliates. The particular e-commerce affiliate, sponsor or partner will show up on the page where the products are pictured on our site, and that affiliate, sponsor or partner will process the transaction. We are not the ones processing or fulfilling the order. We are not responsible and cannot be held liable for any problems with the ordering, processing, fulfillment or completion of any goods or services sold on our web site.
This agreement shall be controlled by Virginia law and you agree that the agreement is made in the Commonwealth of Virginia. The use by using the web site and services agrees that he or she IRREVOCABLY WAIVES A RIGHT TO A TRIAL BY JURY, AND AGREES THAT EXCLUSIVE JURISDICTION OF ANY ACTION SHALL BE IN STATE COURT IN FAIRFAX COUNTY VIRGINIA. Any action brought in connection with the Membership Agreement or services provided thereunder, or related in any way to the web site, shall be filed within one year from the earlier of either (1) the date of the alleged injury, or (2) the use of the web site which is alleged to have given rise to the alleged injury. This contractual limitation period shall apply regardless of any statute of limitations.
Privacy Policy
Protecting your privacy is very important to Fitness ExcellenceSM, LLC. ("Fitness ExcellenceSM"). At Fitness ExcellenceSM, our goal is to personally tailor your interactive fitness and training experience to your interests, goals, and fitness level. In order to do this, we collect certain information about you from your use of our web site. When you use our web site, we want you to be secure with our policy on privacy because we realize that personal information regarding your health, fitness and training background is a very sensitive and confidential matter.
Likewise while information maintained with us is believed to be secure, no guarantee of safekeeping or security is made and you agree that so long as we maintain reasonable steps to maintain security that we shall have not responsibility or liability for the actions or malfeasance of any third party if the information is lost or stolen.
The statement below outlines our privacy program. It is a work in progress. From time to time, as we expand our services, we will update our privacy policy but the underlying goal of protecting our members' privacy will remain. We also welcome your continuous input into these guidelines. Please e-mail your feedback to us at support@FitnessExcellence.com.
Fitness ExcellenceSM has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses our information gathering and dissemination practices for this web site: Fitness ExcellenceSM.
1. Opt-in. You have the opportunity to elect to receive newsletters, marketing materials, promotions and other communications from Fitness ExcellenceSM, our affiliates, our sponsors, and our partners. Opt-in is the default option.
2. Opt-out. You also have the opportunity to opt-out of allowing Fitness ExcellenceSM to use data collected about you from your use of our web to aid us in our research and development and in the targeting of products and advertisement within the Fitness ExcellenceSM website. The targeting of products and advertisement will be based upon your user profile.
If you want to change your account information at anytime to stop receiving future communications, discontinue our service, or deactivate your account, you can: Send an e-mail to privacy@FitnessExcellence.com. (Note: this may take up to two business days to process, and must be confirmed by responding to our e-mailed request for a confirmation).
Please note that you may deactivate your account, but you will still be liable for payment of the entire subscription. Registration and user data is the property of Fitness ExcellenceSM.
Correct/Update:
To change and modify information you previously provided, please e-mail us at support@FitnessExcellence.com.
Disclosure of Information
Except as described in this Privacy Policy Statement and in the Member Agreement, we will not release any personally identifiable information. We only share member information on an aggregate basis. This aids our sponsors and partners in deciding what messages and information to direct at our members based on aggregate demographic information. The information supplied to us is important and we agree to keep the same private as set forth herein. However, the information as kept in electronic format belongs to Fitness ExcellenceSM, LLC.
Requested Disclosure of Information:
Disclosure of Information in Certain Circumstances:
Fitness ExcellenceSM may disclose a member's personal information in the following restricted cases:
1. Disclosure is required by law;
2. Violation of the Member Agreement by a member;
3. Violation of the law by a member;
4. Disclosure is essential for the continued operation of our web site or our services.
Mailing Addresses:
From time to time, Fitness ExcellenceSM may send information about its services to the mailing addresses of users provided by its Fitness ExcellenceSM's partner organizations' and co-branded affiliates' memberships. Such partner organizations and co-branded affiliates may supply their members mailing addresses to Fitness ExcellenceSM.
Outside of Fitness ExcellenceSM, your mailing address or any updates to it may be released to organizations to whom you already have voluntarily provided personal information and who are Fitness ExcellenceSM partners or co-branded affiliates. These organizations can include companies that conduct events for which you have registered, athletic organizations or clubs to which you belong, or sports magazines to which you subscribe. We allow partner organizations and co-branded affiliates to download mailing addresses in order to contact members or subscribers, with the following restrictions:
1. An organization has access only to its own member or subscriber list.
2. Mailing addresses will be made available only for members who have not provided an e-mail address.
3. Besides mailing and e-mail addresses, Fitness ExcellenceSM may pass on detailed information regarding user's choice of events, interests, navigation paths, and other information collected on our web site.
Contacting the Web Site:
If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact us at support@FitnessExcellence.com.
Protecting Yourself:
You can help to protect your information by safeguarding your Fitness ExcellenceSM password, using caution and discretion when posting information on public areas of the Fitness ExcellenceSM Web site, and by learning more about internet privacy from Web sites such as TRUSTe.
Use of Information:
1. Use of IP Addresses. We use your IP address to help diagnose problems with our server, and to administer our Web site. Your IP address is used to help identify you and to gather broad demographic information.
2. "Cookies" are small pieces of information that are stored by your browser on your computer's hard drive. Generally, cookies work by assigning to your computer a unique number that has no meaning outside of our site. Our cookies do not contain any personally identifying information; we use them to provide features such as personalization, to save your member ID and to keep track of your shopping cart. We may also use cookies to assist us in delivering content specific to your interests. Additionally, after you've entered your member ID and password during a session on our service, we save that information so you don't have to re-enter it repeatedly during that session. Most Web browsers automatically accept cookies, but you can usually change your browser to prevent that. Not accepting cookies may make certain features of Fitness ExcellenceSM unavailable to you.
3. Registration Form. Our site's registration form requires you to give us contact information (like your name and e-mail address). We use this contact information from the registration form to send you information about our company and (with permission) promotional material from some of our partners. This contact information is also used to contact you when necessary. If you participate in interactive activities (fitness tracker, message boards, membership program, etc.) on Fitness ExcellenceSM, you may be asked to register for an ID and password and/or to provide information on fitness tracker forms. Unique identifiers, such as IDs and passwords, are collected to verify your identity and for use as account numbers in our record system. Your contact information may also be used to contact you when necessary for customer service reasons. Financial information that is collected is used only to bill you for products and services that you specifically request. If you wish to opt-out of receiving future mailings, please e-mail us at privacy@FitnessExcellence.com. You must OPT-OUT if you do not wish to get future email from us, you will not be contacted after your registration is complete unless you have selected the checkbox "I want to receive communications from Fitness ExcellenceSM".
4. Online Surveys. Our online surveys ask visitors for demographic information (like zip code or age). We use data from our surveys to send visitors information about our company and (with permission) promotional material from some of our affiliates, partners, sponsors and advertisers. Demographic and profile data is also collected at our site. This information is shared with affiliates, partners and advertisers on an aggregate basis. We use this data to tailor our visitor's experience at our site, showing them content that we think they might be interested in, and displaying the content according to their preferences. We also use this data specifically to target to you retail opportunities provided by our e-commerce affiliates, partners, sponsors, and advertisers. We reserve the right to use the data collected to aid Fitness ExcellenceSM in research and development of our web site. We reserve the right to the use of the data in any way we deem responsible and correct (whether it be the sale, publishing, or any other use). We reserve the right to do as we see fit with findings based on the data collected.
5. Message Boards and Other Public Forums. Because our goal is to foster and cultivate an informed fitness community, we offer the use of Message Boards and other Public Forums on our site. Since these are public areas, any information you may disclose becomes public information. Please remember this and use extreme care when disclosing your personal information. Fitness ExcellenceSM is not responsible or liable for the uses that others may make of information you provide on the Message Boards and the other Public Forums.
6. Links to Other Sites. This site contains links to other sites. Our advertisers, partners and/or affiliates may place cookies on your hard drive either directly or when you use a link provided by our web site. We cannot directly control what these cookies do or what our advertisers, partners and/or affiliates do. Fitness ExcellenceSM is not responsible for the privacy practices or the content of such Web sites. Our privacy practices may be different than those on other sites. Please make sure you familiarize yourself with the privacy practices of third party web sites before disclosing personal information to them and any use of these third party web sites is at your own risk.
7. Use of Navigation Paths. We track everything a user does on our web site within our means. The type of information we collect includes (but is not limited to) where a user goes on our site to how long a user is on our web site to what links a user chooses. The data collected will be used to create a personal profile that helps Fitness ExcellenceSM to personalize and enhance your on-line experience of our web site and may be used to attract and assist sponsors and marketing partners by creating reports to show users navigation through the fitnessexcellence.com website.
Security:
This site has security measures in place to protect the loss, misuse and alteration of the information under our control. All Fitness ExcellenceSM systems are maintained with the latest revisions of operating systems and software, including security updates. Multiple sources of information about Internet security issues are monitored on a daily basis, and systems are carefully monitored to detect any attempts to compromise security. Access to databases is limited to technical staff who are performing maintenance activities, and support staff assisting a user, and in all cases, is strictly limited to the minimum necessary to perform the assigned task. Technical staff use secure clients for interactive maintenance sessions to prevent password sniffing. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us or you transmit from our online products or services, and you do so at your own risk. Once we receive your transmission, we take all reasonable efforts to ensure its security on our systems. Sometimes user data is not retrievable or is lost or damaged. In these instances, we will try to retrieve or restore the data but we cannot be held responsible and cannot be held liable for data that is lost or damaged, not retrievable, altered or misused. We also cannot be held responsible and cannot be held liable for information that is lost or damaged, not retrievable, altered or misused by third parties.
