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:
- Assumption of Risk:
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.
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."
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.
- 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.
Last Updated: June 30, 2020
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 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 infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity.
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.
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.
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.
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.
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.
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.
Class Action Waiver.
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.
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.
Last updated: June 30, 2020
Linked Sites and Service Providers.
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.
- 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.
- 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
- 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.
- 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.
- 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:
- 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.
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.
- 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.
- 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.
Please note that email communications are not always secure, so please do not include sensitive information in your email messages to us