Liability Waiver and Release

You (“you” and “your”) hereby acknowledge and agree, as a participant in the programs provided to you via the website located at https://rev32.mykajabi.com (“Website”), including, without limitation, all content, programs, functionality, and services offered through the Website (collectively, the “Services”) offered by 2 G Fitness, LLC and its affiliated subsidiaries and related entities (collectively, “Company,” “we”, “our” or “us”), to be bound by the terms set forth in this Liability Waiver and Release (this “Waiver and Release”). By clicking to accept or by downloading and using the Services, you expressly consent to the following:

1. Assumption of Risk:
• Company is not a medical organization and cannot provide medical advice, evaluation, diagnosis or treatment. Nothing on the Website should be interpreted as such. Rev32 is not a medical entity and is not acting in any such capacity and nothing on the Website should be interpreted to take the place of advice of a physician and other licensed medical professional.
• You are urged and advised to consult your physician before undertaking any health, diet or lifestyle changes, including, without limitation, using products or services available on our Website, altering your diet, nutrition or eating habits, beginning any weight-loss effort or regimen, taking any supplements, vitamins or similar products, participating in exercise, making any lifestyle changes, or taking or discontinuing any medications. Nothing on the Website should be interpreted as a substitute for physician consultation, evaluation or treatment.
• The Services are intended for use only by healthy adult individuals. The Services are not intended for use by minors or individuals with any type of illness or health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of health, diet or lifestyle change. You should immediately consult with your physician or health care professional in the event of any illness or injury.
• All information is intended for your general knowledge only and is not a substitute for medical advice or treatment for specific medical conditions. The information on the Website has not been evaluated by the Food and Drug Administration and is not intended to treat, diagnose, cure or prevent any disease. We cannot and do not give you medical advice by and through the Website or Services or in any other manner.
• Please seek prompt medical care for any specific health issues. We do not recommend the self-management of health problems. Any information obtained by using the Website and our products or Services is not exhaustive.
• Your participation in and use of the Services is at your own risk, and may expose you to inherent risks, including, without limitation, accidents, injury, illness or even death, and knowing such facts, you willingly accept and assume all of the risks associated therewith. You hereby assume full responsibility and liability for any risks, injuries or damage, known or unknown, which I might incur as a result of participating in and use of the Services, which may include, but are not limited to, heart attacks, muscle strains, muscle pulls, muscle tears, broken bones, shin splints, heat prostration, injuries to knees, injuries to back, injuries to foot, or any other illness or soreness, including death.
2. Release: You hereby agree for yourself and anyone entitled to act on your behalf (or on behalf of your estate whether you are dead or permanently or temporarily disabled), to the fullest extent permitted by law, to hold, Company and its officers, directors, employees, trainers, owners, parents, subsidiaries, affiliates, partners, representatives, and agents (the “Released Parties”) harmless from and against any and all claims for personal injury, damages, expenses, or losses (including without limitation, reasonable attorneys’ fees at all levels) that may be sustained or suffered by me in connection with your participation in and use of the Services, including, without limitation, claims arising from: (i) the conduct of the Released Parties or any other participants or users of the Services; (ii) the Services and their defects of any kind,ews or failure to comply with applicable state and federal laws; (iii) your breach or default of any of the covenants or obligations under this Waiver and Release; (v) your misconduct, negligence or default or error or omission or breach of contract; and (iv) any accident, injury or damage whatsoever caused to any person, firm or corporation occurring as the result of any work or thing whatsoever done by you (or person holding or claiming through or under you). You agree to indemnify, defend and hold the Released Parties harmless against and from all costs, counsel fees, expenses and liabilities incurred a result of any such claim, action or proceeding brought by me or any third party against the Released Parties. By AGREEING TO THE TERMS OF this Waiver and Release YOU understand that YOU ARE knowingly, voluntarily and expressly waiving any and all rights, claims, or causes of action of any kind whatsoever that YOU may ever have against the Released Parties for any of the foregoing claims, and any injuries, losses, or damages that YOU may sustain in connection with YOUR participation in AND USE OF THE SERVICES.
3. Limitation of Liability; Waiver. UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES), INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY SUSTAINED DUE TO YOUR USE OF OR PARTICIPATION IN THE SERVICES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SOME OF THE EVENTS, ACTIVITIES OR ACTIONS TAKEN BY YOU WHETHER IN CONNECTION WITH THE WEBSITE AND SERVICES OR OTHERWISE CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED THEREWITH EVEN IF CAUSED IN WHOLE OR IN PART BY THE ACTION OR INACTION OR NEGLIGENCE OF COMPANY OR BY THE ACTION, IN ACTION OR NEGLIGENCE OF OTHERS. YOU EXPRESSLY AGREE THAT COMPANY DOES NOT ASSUME RESPONSIBILITY FOR THE SUPERVISION, PREPARATION, OR CONDUCT OF ANY ACTIVITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE RELEASED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD). BY ACCESSING THE WEBSITE AND SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
4. General: This Waiver and Release shall be interpreted under the internal, substantive law of the State of California without regard to the conflicts of law provisions thereof, and you hereby submit to in personam jurisdiction in the state and federal courts of the State of California. In the event that any provision contained within this Waiver and Release shall be deemed to be severable or invalid or if any term, condition, phrase or portion of this Waiver and Release shall be determined to be unlawful or otherwise unenforceable, the remainder of this Waiver and Release shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find any provision of this Waiver or Release to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.

Website Terms of Use

Last Updated: June 30, 2020

 

Acceptance of the Terms of Use.

These Terms of Use are entered into by and between you (“you” or “your”) and 2 G Fitness, LLC and its affiliated subsidiaries and related entities (collectively, “Company,” “we”, “our” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the website located at https://rev32.mykajabi.com (“Website”), any content, functionality, and services offered through the Website (collectively, the “Services”). You and Company may each be referred to herein as a “Party”, and collectively as the “Parties.”

 

Please read these Terms of Use carefully before accessing or using the Website and Services. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy found at https://rev32.mykajabi.com/pages/privacy-policy incorporated herein by reference (“Privacy Policy”), and to comply with all applicable laws and regulations. Your use of the Company’s Website and Services are also governed by those of Kajabi, LLC (“Kajabi”). Please also review the Kajabi website Terms of Use at https://newkajabi.com/policies/terms/ and Privacy Policy https://kajabi.com/policies/privacy which also govern use of this Website.

 

BY ACCESSING OR USING THE WEBSITE AND SERVICES, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT ACCESS OR OTHERWISE USE THE WEBSITE AND SERVICES.

 

All rights not expressly granted to users in these Terms of Use are hereby reserved by Company.

 

Children Under 13. The Website and Services are offered and available to users who are at least 13 years of age or older. By using the Website and Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website and Services. Users younger than 13 years old shall only access and use the Website and Services upon specific and verifiable authorization from at least one of the parents or a legal guardian. We reserve the right to request proof of age of any user, at any time, to confirm if access and use are in compliance with these Terms of Use, as well as to cancel any noncompliant accounts.

 

Changes to Terms of Use.

Company reserves the right to amend or update these Terms of Use at any time with or without notice to users, and may also add new features or functionality to, or change or remove existing features or functionality from, the Website and Services that will be subject to the Terms of Use. Notwithstanding the foregoing, in the event any changes to these Terms of Use shall materially change your rights, Company will provide you with prominent notice under the circumstances. Any user who continues to use the Website and Services after any changes are made will be deemed to have agreed to those changes. 

ARBITRATION NOTICE. AS FURTHER SET FORTH HEREIN, YOU AGREE THAT DISPUTES BETWEEN YOU AND COMPANY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO RESOLVE ANY DISPUTES IN COURT (INCLUDING TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION). 

Basic Terms and Rules of Conduct.

Any unauthorized use of the Website and Services is expressly prohibited. For the avoidance of doubt, you hereby agree to the following:

• You are responsible for making all arrangements necessary for you to have access to the Website and Services and ensuring that all persons who access the Website and Services through your internet connection are aware of these Terms of Use and comply with them. 
• To access the Website and Services or some of the resources it offers, such as to make a purchase, you may be asked to provide certain registration details or other information, including Personal Information (as defined in the Privacy Policy). It is a condition of your use of the Website and Services that all the information you provide on the Website and Services is correct, current, and complete. You agree that all information you provide to register with the Website and Services or otherwise, including, but not limited to, the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
• Unless otherwise noted, the Website and Services as a whole or in part, and all materials that are part of the Services, including without limitation, the Company name, trademarks, designs, logos, copyright, materials, and other intellectual property, and products and services made available to users via the Website or Services (collectively, “Company Content”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled, or licensed by Company or its subsidiaries and affiliates. Conditioned upon your compliance with these Terms of Use, you may only use Company Content and the Website and Services for your personal, noncommercial use; any other use of the Company Content or Services without Company’s express written consent in each instance is strictly prohibited. No right, title, or interest in any Company Content is granted or transferred to you as a result of your access or use thereof. Unless otherwise noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of, or exploit in any way, any of the Company Content or Services. Unauthorized use of the Company Content is expressly prohibited by law, and may result in severe civil and criminal penalties.
• We welcome your comments and feedback regarding our Services and products. We do not, however, accept confidential or proprietary information. Thus, all comments, feedback, ideas, suggestions, materials, information, and other submissions disclosed, submitted or offered to Company using Website and Services or otherwise (collectively, “Communications”) are not confidential and will become and remain Company’s property. The disclosure, submission, or offer of any Communications will constitute an assignment to Company of all worldwide rights, titles, and interests, and goodwill in the Communications without payment of any compensation. Additionally, Communications submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene, or otherwise unlawful material. If your Communications violate these Terms of Use, you may bear legal responsibility for such Communications.
• You may not use the Website and Services to participate in any activity that is in violation of any federal, state, or local law including without limitation, all regulatory, administrative and legislative authorities. 
• You shall not disable, hack, circumvent or otherwise interfere with security related features of the Website and Services or features that prevent or restrict use or copying of any Company Content or materials.
• You shall not destroy, interfere with or disrupt, or attempt to interfere with or disrupt (including scan, probe or test the vulnerability of), any web pages available on the Website and Services, servers or networks connected to the Website and Services or the technical delivery systems of Company’s providers or break any requirements, procedures, policies or regulations of networks connected to the Website and Services.
• You are responsible for any activity that occurs in the real world and through your account. If available, Company prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide to Company, including at registration and at all other times, will be true, accurate, current, complete, and confidential, and you agree to update your information as necessary to maintain its truth, accuracy, and confidentiality.
• You agree that you will not solicit, collect or use the login credentials or other confidential information of other users of the Website and Services (each and collectively, “Third Party Users”).
• You are responsible for keeping your password secret and secure.
• You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Website and Services, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
• You may not use the Website and Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Website and Services and your Communications, including but not limited to, copyright laws.
• You must not change, modify, adapt or alter the Website and Services or change, modify or alter another website so as to falsely imply that it is associated with the Website and Services or Company.
• You must not create or submit unwanted email, comments or other forms of commercial or harassing communications (a/k/a "spam") to any Third Party Users.
• You must not interfere or disrupt the Website and Services or servers or networks connected to the Website and Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any of the Services or Company Content is rendered or displayed in a Third Party User's browser or device.
• If available, you must not create accounts with the Website and Services through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
• You must not attempt to restrict any Third Party User from using or enjoying the Website and Services and you must not encourage or facilitate violations of these Terms of Use or any other Company terms.
• You must not infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity.
• You understand and agree that you use the Website and Services at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Company as Company may determine in its sole discretion, we can stop providing all or part of the Website and Services to you.

General Conditions.

We reserve the right to modify or terminate the Website and Services or your access to the Website and Services for any reason, without notice, at any time, and without liability to you. Upon termination, unless subject to specific software or other licenses, all licenses and other rights granted to you in these Terms of Use will immediately cease. We are not responsible if information made available on the Website and Services is not accurate, complete or current. The material on the Website and Services is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. The Website and Services may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Website and Services at any time, but we have no obligation to update any information on the Website and Services. You agree that it is your responsibility to monitor changes to our Website.  We reserve the right to refuse access to the Website and Services to anyone for any reason at any time.

Linked Sites and Third Party Websites.

All matters concerning your use of any services, products, or other offerings from any third party operating any site or property to which the Website and Service contains a link (each a “Linked Site”) are solely between you and the Linked Sites. We make no warranties or representations whatsoever with regard to any services and products provided by the Linked Sites. You will not consider us, and we will not be construed as, a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to any such transactions. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, code or other materials presented on or through such websites. The inclusion of any link to such Linked Sites on our Website or Services does not imply our endorsement or recommendation of that Linked Site and we do not represent or warrant that the contents of any third party website is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. From time to time, the Website and Services may contain affiliate links or sponsored content, and we will comply with applicable laws and regulations where applicable, including, without limitation, including appropriate disclosures in accordance with the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising. Any access to or reliance on the contents of a third party website, including any Linked Site, is done at your own risk.

Territorial Restrictions.

The information provided within or in connection with the Website and Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Website and Services or any portion of the Website and Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, Website and Services or other feature that Company provides. 

These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.

 

Licensed Rights. 

By publicly posting information and materials relating to Company, its products or services on any social media site, website, or blog (e.g., Instagram, Facebook, Twitter, etc.) and using Company’s proprietary hashtags or handles, you hereby grant Company the worldwide, royalty free, irrevocable right and license to reproduce, display, distribute, re-post, re-share, or otherwise exploit such materials and information and your name, image, likeness, and any intellectual property controlled by you and all associated moral rights and goodwill, in whole or in part, on or through via Company’s social media and digital properties without further consent or compensation. Without limitation, such right and license includes Company’s right, though not obligation, to grant you attribution (e.g., tagging your profile, photo and/or video credit, etc.) via such social media platforms. Once posted, shared or otherwise distributed, Company shall have no obligation to remove such posts from its archival feed and you shall waive all claims related thereto.

No Special Relationship.

Except as otherwise described in the Privacy Policy, as between you and Company, you acknowledge and agree that your relationship with Company is not a confidential, fiduciary, or other type of special relationship.

Refund Policy. 

Services and other products available by and through the Site are non-refundable. Notwithstanding, and solely in connection with the Rev32 program, if you are not 100% satisfied, you can request a refund if (i) you initiate the refund request within seven (7) days from the date of purchase, and (ii) you have accessed no more than one (1) week from the program. If the request is eligible, you will be refunded for the full purchase price less any applicable processing fees. Please contact [email protected] to initiate a refund. Refunds processing times may vary.

Disclaimer of Warranties.

THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, COMPANY CONTENT, COMMUNICATIONS, FUNCTIONS, AND ALL OTHER MATERIALS PROVIDED OR DISPLAYED THROUGH THE WEBSITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER COMPANY NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "COMPANY PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED,  INCLUDING WITHOUT LIMITATION AS TO INFORMATION, DATA, DATA PROCESSING, UPTIME OR UNINTERRUPTED ACCESS, THE AVAILABILITY, USABILITY, ACCURACY, PRECISION, CORRECTNESS, COMPLETENESS, OR USEFULNESS, AND SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO COMPANY OR VIA THE WEBSITE. THE COMPANY PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE FOREGOING WARRANTIES AS WELL AS THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. 

THE COMPANY PARTIES DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR SERVICES, OR THE SERVER THAT MAKES THE WEBSITE OR SERVICES AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE COMPANY PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE WEBSITE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. THE COMPANY PARTIES DO NOT WARRANT THAT YOUR USE OF THE WEBSITE AND SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE COMPANY PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE. 

BY ACCESSING OR USING THE WEBSITE OR SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE OR SERVICES. 

Limitation of Liability; Waiver.

UNDER NO CIRCUMSTANCES WILL THE COMPANY PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE WEBSITE OR SERVICES; (B) THE COMPANY CONTENT (INCLUDING COMMUNICATIONS); (C) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE WEBSITE OR SERVICES; (D) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE WEBSITE OR SERVICES; (E) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (F) ANY ERRORS OR OMISSIONS IN THE WEBSITE’S OPERATION; OR (G) ANY DAMAGE TO ANY USER'S OR THIRD PARTY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE PROPERTY). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE COMPANY PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD). 

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF COMPANY'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE COMPANY PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, COMPANY CONTENT, OR SERVICES OWNED OR CONTROLLED BY THE COMPANY PARTIES. 

BY ACCESSING THE WEBSITE OR SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." 

COMPANY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. 

Indemnification.

You (and any third party for whom you operate an account or activity on the Website or Services) agree to defend (at Company's request), indemnify and hold the Company Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities in connection with the Website or Services, or those activities conducted on your behalf): (i) your Communications or your access to or use of the Website or Services; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Company in the defense of any claim. Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Company.

Dispute Resolution.

Unless expressly noted in these Terms of Use, we are ready to assist you and address your concerns via email at [email protected]. When contacting us, we ask that you include your name, address, phone number and email address, and a description of your problem or concern and any specific relief you seek. Customer service inquiries are typically returned within 2 business days. 

In the event that our customer service team is unable to resolve your concern, by using the Website or Services, you unconditionally agree that any and all Disputes (as defined below) between you and Company (whether or not such Dispute involves a third party) with regard to your relationship with Company, including without limitation Disputes related to these Terms of Use, your use of the Website or Services, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement (“Arbitration Agreement”).  Arbitration shall be before JAMS (formerly known as Judicial Arbitration and Mediation Services), www.jamsadr.com.  If you initiate arbitration, you shall have the choice as between these two arbitration forums; if Company initiates arbitration, it shall have the choice as between these two arbitration forums.  

WE EACH AGREE THAT, EXCEPT AS PROVIDED IN THE DEFINITION OF DISPUTES BELOW, ANY AND ALL DISPUTES WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, INCLUDING ALL ISSUES RELATING TO THE ENFORCEABILITY, INTERPRETATION, SCOPE, AND APPLICATION OF THIS ARBITRATION AGREEMENT (SUCH AS “GATEWAY” ISSUES OF ARBITRABILITY, WHETHER THE ARBITRATION AGREEMENT IS UNCONSCIONABLE OR ILLUSORY AND ANY DEFENSE TO ARBITRATION) WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT BY A JUDGE OR JURY, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.

Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use. 

Class Action Waiver.

By using the Website or Services, you agree that the arbitration of any Dispute shall be conducted on an individual, not a class-wide basis, and that no such arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving Company or any other person.  You may bring claims only on your own behalf. You further agree that you, and anyone asserting a claim through you, will not participate in a class action, be a class representative, or otherwise participate in a class, representative, or consolidated proceeding against Company or class-wide arbitration for any claims covered by these Terms of Use. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Company is a party to the proceeding. 

If the foregoing class action waiver (“Class Action Waiver”) or any portion thereof is found to be invalid, illegal, unenforceable, unconscionable, void or voidable, then the Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court.  Any claim that all or part of the Class Action Waiver is invalid, illegal, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

Definition of Dispute.

Except as described below, the term “Dispute” in this Arbitration Agreement and Class Action Waiver means any dispute, claim, or controversy between you and Company regarding any aspect of your relationship with Company, whether based in contract, statute, regulation, ordinance, tort (including without limitation fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal, statutory or equitable theory, whether related to the access to and use of the Website or Services or otherwise, and includes the validity, enforceability or scope of these Terms of Use, except for the scope, enforceability and interpretation of the Arbitration Agreement and Class Action Waiver.

However, “Disputes” SHALL NOT include claims that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable, or any claim for public injunctive relief, i.e., injunctive relief that has the primary purpose and effect of prohibiting alleged unlawful acts that threaten future injury to the general public. Such claims may be determined only by a court of competent jurisdiction and not by an arbitrator.

How Will the Arbitration Work? 

Either you or Company may initiate arbitration proceedings.  The arbitration will be conducted before a single arbitrator.  The arbitration will be an individual arbitration, and shall in no event be commenced as a representative or class arbitration. The JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases will apply.  The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. 

If required for the enforceability of the Arbitration Agreement under the Federal Arbitration Act, Company will pay all arbitrator’s costs and expenses.  If not, those costs will be paid as specified in the above-referenced rules.

Where Will the Arbitration Be Held?

The parties agree to bring the arbitration in California in the County of Alameda.  As set forth in “Governing Law & Venue” section below, the arbitrator will apply California law.

Time Limitation on Claims.

You agree that any claim you may have arising out of or related to your relationship with Company must be filed within 1 year after such claim arose; otherwise, your claim is permanently barred. This provision expressly survives the termination of your relationship with Company. 

 

Governing Law & Venue.

The law applicable to the interpretation and construction of these Terms of Use and any transaction (including purchases made via the Website or Services) using or relating to the Website or Services, shall be the Federal Arbitration Act, applicable federal laws and the laws of the state of California, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You agree that all matters relating to your access to or use of the Website and Services, including all disputes, will be governed by the laws of the United States and by the laws of the State of California AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.

Severability. 

 

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Company's failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right. No waiver of any of these Terms of Use will be deemed a further or continuing waiver of such term or condition or any other term or condition. Company reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Company. 

 

Entire Agreement.

If you are using the Website or Services on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between You and Company and governs your use of the Website or Services, superseding any prior agreements between You and Company. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Company. Any purported assignment or delegation by you without the appropriate prior written consent of Company will be null and void. Company may assign these Terms of Use or any rights hereunder without your consent. Neither the course of conduct between the Parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights. 

 

Contact Us: Questions regarding the Website, Services, Privacy Policy, or the Terms of Use should be directed as follows: [email protected]; or 2 G Fitness, LLC. 225 Spring Street, Pleasanton, CA 94566

 

 

Privacy Policy

Last updated: June 30, 2020

2 G Fitness, LLC and its affiliated subsidiaries and related entities (collectively hereinafter, “Company”, "us", “our” or "we") respect your (“you”, or “your”) privacy and want you to be familiar with how we collect, use, maintain, protect, and disclose information. This Online Privacy Policy (“Privacy Policy”) explains how we, Kajabi, LLC (“Kajabi”), and our Service Providers (as defined below), collect, store, use, disclose, and otherwise process your Personal Information and Anonymous Information (each as defined below) when you access and use the website located at https://rev32.mykajabi.com (“Website”), any content, functionality, and services offered through the Website (collectively, the “Services”). Capitalized terms not otherwise defined shall have the meaning given to them in the Terms of Use found at https://rev32.mykajabi.com/pages/terms (“Terms of Use”).

By using the Website or Services, you agree to the terms and conditions of this Privacy Policy and consent to the collection and use of information by us as set forth herein. Your use of the Company’s Website and Services are also governed by those of Kajabi. Please also review the Kajabi website Terms of Use at https://newkajabi.com/policies/terms/ and Privacy Policy https://kajabi.com/policies/privacy which also govern use of this Website. We may change this Privacy Policy at any time. If we decide to change our Privacy Policy, we will post those changes on this page so that you will always be aware of what information we collect, how we use it, and under what limited circumstances, if ever, we disclose it. Continued access or use of our Website shall constitute your express acceptance of any modifications to this Privacy Policy. If you do not agree to any of the provisions of this Privacy Policy, do not use the Website or Services.

Linked Sites and Service Providers.

This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other data collection, storage, and use practices of any third party operating any site or property to which any Service contains a link (each, a “Linked Site”) or third parties who may provide certain services in connection with your access and use of, and our ability to provide certain products and services to you through, the Website (each, a “Service Provider”).

Please also note that third-parties who provide and/or publish content via the Kajabi Service shall be deemed the data controllers for any Personal Information contained in the content uploaded by any such party to the Kajabi Service (“Third-Party Content”) and any other personal data processed in relation to such Third-Party Content. This Privacy Policy only concerns the processing for which the Company is data controller. If you have any questions regarding personal data contained in the Third-Party Content, please contact the third-party provider responsible for such Third Party Content.

The inclusion of a link in any of the Services or on the Website does not imply endorsement of, or affiliation with, the Linked Site by us. Please note that the Website or Services may include the ability to access and submit (including, for example, via a third-party software application or service that is available through or in connection with the Website or Services) certain information directly to third parties. Such information is submitted by you directly to such third parties; this Privacy Policy does not apply to any Personal Information submitted by you to third parties, including without limitation, those Linked Sites and Service Providers. You agree to the terms and conditions and privacy policies of such Service Providers, which may change from time to time without notice to you. It is your responsibility to check for such updates. 

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE COMPANY AND EACH OF THE OTHER COMPANY PARTIES (DEFINED BELOW) FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO THE DATA COLLECTION, STORAGE, USE, AND SHARING OF YOUR OR ANY THIRD PARTY’S PERSONAL INFORMATION OR ANONYMOUS INFORMATION BY ANY SERVICE PROVIDER. YOU AGREE, UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS IN PERPETUITY.

Transfer of Information Across National Borders: The Website and various information we collect are operated on servers located in various jurisdictions, including the United States. When you access or use the Website and/or our Services, Personal Information about you may be transferred outside the country in which you are situated to these other locations.

Children Under the Age of 13.

The Services are not intended for children under 13 years of age. No one under age 13 may provide any information to or via the Services. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information via the Website or Services. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will take corrective action as required by the Children’s Online Privacy Protection Act (“COPPA”). If you are a parent or guardian and believe we might have collected children’s Personal Information in a manner not permitted by COPPA, please contact us by sending a letter to the following address: 2 G Ftiness, LLC. 225 Spring Street, Pleasanton, CA 94566, or an e-mail to [email protected]  with “LEGAL: COPPA” in the subject line, and we will take corrective action required by COPPA.

Parents may want to consider commercially available parental control protections to limit what minors can access online and/or monitor their minor children’s online activities.  Examples include:  www.netnanny.com; www.webwatcher.com and www.sentrypc.com.  We do not endorse these or other services and are not responsible for them.

INFORMATION WE COLLECT

When you visit our Website you may provide us and our Service Providers with two types of information: (i) Personal Information you knowingly choose to disclose that is collected on an individual basis, and (ii) information collected on an aggregated basis as you and others use the Services. "Personal Information" is information that can be used to identify you (whether alone or in combination) such as your first and last name, email address, zip code/post code, billing address, shipping address, phone number, age, date of birth, and social media handles.

Information You Provide. You may provide us, and our Service Providers, with your Personal Information through the Website or Services, for example:

• Newsletter: When you elect to sign up for our e-mail newsletter, you will need to provide certain Personal Information such as your e-mail address.
• Create Account: When you elect to create a user account, either via the Website or via our Service Provider website to access any of our educational materials, you will need to provide certain Personal Information such as your name, address, email address, phone number, and credit card information.
• Purchases: When you elect to make a purchase, either via the Website or via our Service Provider’s website, you will need to provide certain Personal Information such as your name, address, email address, phone number, and credit card information.
• Communications: When you communicate with us or our Service Providers by e-mail or through the Website, you may provide us certain Personal Information.
• Bulletin Boards/Chat Rooms: Users of the Website are solely responsible for the content of messages they post on the Website or Services' forums, such as chat rooms and bulletin boards. Users should be aware that when they voluntarily disclose personal information (e.g., user name, e-mail address, phone number) on the bulletin boards or in the chat areas, that information can be collected and used by others and may result in unsolicited messages from other people. You are responsible for the Personal Information you choose to submit in these instances. Please take care when using these features.
• Survey: If you participate in any survey, you may provide certain Personal Information as part of your response.

Cookies and Aggregated Information. 

• Cookies, Web Beacons, and Log Data: Like most companies, when you visit or interact with the Website or Services, we and our Service Providers may use cookies and other tracking technologies for storing information, including pixels, web beacons, “clear GIFs,” local storage, and device identifiers to help provide, protect and improve the Website and Services.
• An Internet Protocol (IP) address is a number that is automatically assigned to your device from which you are accessing the Website by your Internet Service Provider (ISP), and is identified and logged automatically in our server log files whenever you visit the Website or Services, along with the time of the visit and the activity on the Website or Services, browser type and operating system, device information, device event information, and the page you’ve viewed or engaged with before or after using the Website or Services. We and our Service Providers use IP addresses for purposes such as calculating Service usage levels, helping diagnose server problems, administering the Website and determining your approximate geographic location.

• “Cookies” are small pieces of information that a website attaches to your browser when you visit a website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until deleted) to provide you with a more personal and interactive experience with the Website. When you visit a site, that site's computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Each site can send its own cookie to your browser if your browser's preferences allow it. We do not store Personal Information in any Cookies on your computer. Persistent Cookies can be removed by following your Internet browser’s directions within the help tab. However, in order to use certain aspects of the Website and Services, your web browser must accept Cookies, and therefore some aspects of the Website or Services may not work properly if you choose to disable Cookies.

• We may also use Cookies, pixels, “Web Beacons” (which are usually small, transparent graphic images) and navigational data like Uniform Resource Locators (URLs to gather information regarding the date and time of your visit, the features and information for which you searched and viewed, or the e-mail you opened. This type of information is collected to make the Website and Services more useful to you and to tailor the experience with us to meet your interests and needs.

• Aggregated Information: We may aggregate Personal Information so that the end-product does not personally identify you or any other user of the Website or Services, for example, by using Personal Information to calculate the percentage of our users who like a particular product.

HOW WE USE YOUR INFORMATION

We may use your Personal Information we collect from you, including with the help of automated systems and data collected from the use of cookies and other similar technologies, for a range of different business purposes, including the following:

• To respond to your inquiries and fulfill your requests (e.g., send newsletters or provide you with information about our Website).
• To send you administrative information, including information regarding the Services and changes to our terms, conditions and policies.
• To complete and fulfill your purchase, for example, to process your payments, have your order delivered to you, communicate with you regarding your purchase and provide you with related customer service.
• To send to you marketing communications that we believe may be of interest to you (including, without limitation, by our Service Providers that send direct mail, email, and other types of advertising to those whose email addresses we have collected).
• To personalize your experience with the Services by presenting content, products, and offers tailored to you.
• As they arise from time to time, to allow you to participate in sweepstakes, contests and similar promotions and to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your Personal Information, so we suggest that you read these rules carefully; in the event of a conflict between such rules and this Privacy Policy, such rules will govern.
• To provide, improve, test, monitor, and develop the Services, including, without limitation, to provide you access to the Services, identify usage trends, and determine the effectiveness of promotional campaigns.
• To develop and test new products, services, and features as well as diagnose and fix technology problems in connection with current products, services, and features.
• For our business purposes, such as data analysis, audits, developing new products, enhancing the Website or Services, improving our services, identifying usage trends and determining the effectiveness of promotional campaigns.
• As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public or government authorities, including public or government authorities outside your country of residence; (d) to enforce our Terms of Use and Privacy Policy; (e) to protect our operations; (f) to protect our rights, privacy, safety or property, or that of you or others; or (g) to allow us to pursue available remedies or limit the damages that we may sustain.
• We may combine Personal Information that you submit on or through the Website with information that we collect from and about you from other online and offline sources, including from our own websites and web properties (including apps, widgets and players) and third party sources, which may include social media services you interact with through our Website or Services.

HOW YOUR PERSONAL INFORMATION MAY BE DISCLOSED TO THIRD PARTIES

Your Personal Information may be disclosed:

• With Your Consent: We will disclose your Personal Information for those purposes in which you have agreed that we may do so, including for such purposes outlined in this Privacy Policy.

• Service Providers: We use a variety of Service Providers to provide services to us or to our users on our behalf, such as hosting, data analysis, payment processing, order fulfillment, infrastructure provision, IT services, customer service, email delivery, credit card processing, auditing and other similar services to enable them to provide such services. These Service Providers have access to your information solely to perform these tasks on our behalf in accordance with our instructions and to the extent necessary to provide their services to us.

• Aggregated Data or Anonymous Information: We may also share Anonymous Information in the form of aggregated information (information about our users that we render in such a way that it no longer identifies or references an individual user) and other pseudononimized information for regulatory compliance, industry and market analysis, demographic profiling, marketing and advertising, and other business purposes.
• Compliance with Laws: We may disclose your Personal Information to courts, law enforcement agencies, and governmental authorities (a) to comply with applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public or government authorities, including public or government authorities outside your country of residence; (d) to enforce our Terms of Use; (e) to protect our operations; (f) to protect our rights, privacy, safety or property, or that of you or others; or (g) to allow us to pursue available remedies or limit the damages that we may sustain.
• Change of Control: We may also share your Personal Information as part of a sale, merger or change in control of Company, or in preparation for any of these events. Any other entity that buys us or part of our business will have the right to continue to use your data, but only in the manner set out in this Privacy Policy unless you agree otherwise.

• International Data Transfer: We operate globally and may share your Personal Information with third parties for the purposes described in this Privacy Policy. Personal Information collected within the European Economic Area (“EEA”) may, for example, be transferred to countries outside of the EEA. We utilize appropriate safeguards to ensure the lawful transfer of your personal data outside of the EEA.  

Retention Period. Your Personal Information may be stored as long as it is required for the specific purposes identified when you provided the Personal Information or for any new purposes identified by us and consented to by you, and for any appropriate time thereafter including a sufficient time following to permit you to ask any questions regarding its use. Thereafter it will be archived only for so long as reasonably necessary for the purposes set out above, in accordance with applicable laws.

Sensitive Information. Do not send us or disclose to us any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership) on or through the Website or otherwise.

CHOICE AND ACCESS

Data Security. We and our Service Providers have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. Notwithstanding, the safety and security of your information also depends on you. Where we or any of our Service Providers have given you (or where you have chosen) a password for access to certain parts of our Website or Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out Personal Information in public areas of the Services like message boards and comments sections. The information you share in public areas may be viewed by any user of the Services.

We restrict access of Personal Information to authorized personnel of Company, employees, contractors, vendors and Service Providers, and agents who need to know that information in order to operate, innovate, and deliver our Services and any purchases made thereon. Personal Information will only be disclosed to those vendors and Service Providers of Company for the purpose of administering our Services and completing transactions taking place thereon in accordance with the uses as outlined herein.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Website or Services, nor that unauthorized third parties will not gain access to your Personal Information. Therefore, any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures in connection with the Website or Services.

Opting Out.

• Newsletter. The Website may provide you the opportunity to opt-in to receive communications from us at the point where we request information about you. You always have the option of removing yourself from any e-mail list in order to discontinue any such future communications. In order to ensure immediate removal from any list, please follow the specific instructions set forth within the communications you receive from the Company which you no longer wish to receive. If you are unsuccessful in completing the instructions specified in any such communication, please e-mail us at [email protected], including a copy of the undesired email attached to the request, and state you wish to be removed from the mailing list.
• “Do Not Track” Signals. Note that your browser settings may allow you to automatically transmit a “Do Not Track” signal to sites and online services you visit. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, we currently do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser. To learn more about cookies and any "Do Not Track" features, please visit http://www.allaboutcookies.org/ and http://www.allaboutdnt.com. If you choose to decline cookies, then some or all of the features, functionality and promotions available through the Website that may not be available to you. If you do not want information collected through the use of cookies, there is a procedure on most devices through which the Website and Services are accessed that allows you to decline the use of cookies.
• Adobe Flash LSOs. If your device stores Flash LSOs, and if you do not want Flash LSOs stored on your device through which you access the Website or Services, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained using the Website Storage Settings Panel. You can also control Flash LSOs by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash LSOs (referred to as "information" on the Macromedia site), how to prevent Flash LSOs from being placed on your device without you being asked, and (for Flash Player 8 and later) how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time). Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with the Website or our content. We expect our Service Providers and technology suppliers to honor any decision by you to restrict or limit Flash LSOs, but we cannot guarantee that they will do so.
• Mobile Device Settings. On your mobile device, enable the “Limit Ad Tracking” setting in your iOS phone’s settings, or the setting to “Opt out of Ads Personalization” in your Android phone’s settings. To opt-out of location tracking when using our Website or Services, you can use the settings of your device. You can disable mobile analytics and bug reporting through these same settings as well.

For more information about analytics and advertising cookies and how you can opt out, you can visit the Network Advertising Initiative’s opt-out page found at http://optout.networkadvertising.org/?c=1 , the Digital Advertising Alliance’s opt-out page found at http://optout.aboutads.info/?c=2&lang=EN, or EDAA’s Your Online Choices page found at http://www.youronlinechoices.com/.

California Privacy Rights. California law allows California residents to ask companies with whom they have an established business relationship to provide certain information about the companies’ sharing of personal information with third parties for direct marketing purposes.  We do not share any California consumer Personal Information with third parties for marketing purposes without consent.  California residents who wish to request further information about our compliance with this law or have questions or concerns about our privacy practices, please send a letter to the following address: 2 G Fitness, LLC. 225 Spring Street, Pleasanton, CA 94566, and include your name, address, and e-mail address, or an email to [email protected] with “LEGAL: Request for California Privacy Information” in the subject line. We will provide the requested information to you at your e-mail address provided in response. We reserve our right not to respond to requests submitted other than to the email or mailing addresses specified in this section.

General Data Protection Regulation. If you are a data subject in the European Economic Area (“EEA”), you have the right to access, rectify, or erase any personal data Company has collected about you.  You also have the right to data portability and the right to restrict or object to Company’s processing of personal data it has collected about you.  You may withdraw your consent at any time for any data processing Company does based on consent you have provided to it. To exercise any of these rights, contact us as set forth in the section “Contact Us” below and specify which right you intend to exercise. Please include your name, address, and e-mail address, with “Legal” in the subject line in your request. We will try to comply with your request as soon as reasonably practicable.  Company will respond to your request within 30 days.  Company may require additional information from you to allow Company to confirm your identity.  Please note that Company may store information as necessary to fulfill the purposes for which it was collected, and may continue to retain and use the information even after a data subject request for purposes of Company’s legitimate interests, including to comply with its legal obligations, resolve disputes, prevent fraud, and enforce its agreements. Personal Information collected within the European Union and Switzerland may be transferred and processed by third parties located in a country outside of the European Union and Switzerland.  In such instances, Company will ensure that the transfer of your personal data is carried out in accordance with applicable privacy laws. If you have any issues with Company’s compliance, you have the right to lodge a complaint with an EEA supervisory authority.

Product Reports. If you contact Company regarding your experience in using one of our products in a Communication (as defined in the Terms of Use), we may use the information that you provide in submitting reports to the designated government regulatory authority, as required of us by law.

CONTACT US

If you have any questions about this Privacy Policy, please contact us by email at [email protected].

Please note that email communications are not always secure, so please do not include sensitive information in your email messages to us