FITTCONNEXION, TERMS OF SERVICE
Last updated on October 26, 2012.
THESE TERMS OF SERVICE (“AGREEMENT”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “CUSTOMER”) AND FITTCONNEXION. (“WE” OR “FITTCONNEXION”), THE OWNER AND OPERATOR OF THE WWW.FITTCONNEXION.COM WEBSITE (THE “SITE”). THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE AND THE PRODUCTS SOLD ON IT AND MEMBERSHIPS SOLD TO IT. BY ACCESSING AND USING THE SITE, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH, THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THE SITE OR PURCHASE PRODUCTS FROM, OR MEMBERSHIPS TO, THE SITE.
By signing up for a Membership (as defined below), you represent, acknowledge and agree that you are at least the age of majority in your jurisdiction of residence, or if you are under the age of majority in your jurisdiction of residence, that you are at least 13 years old, and that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to enter into this Agreement. If you are a parent or legal guardian who is registering on behalf of a minor, you hereby agree to bind said minor to this Agreement and to fully indemnify and hold harmless FittConnexion if said minor breaches or disaffirms any term or condition of this Agreement.
1 – CHANGES TO TERMS; PERSONAL INFORMATION/PRIVACY
1.1 – CHANGES TO THE SITE
FittConnexion may add to, change or remove any part of the Site, including, without limitation, any Content (as defined below) therein, at any time without prior notice to you.
1.2 – PERSONAL INFORMATION/PRIVACY
2 – PASSWORDS; USE OF SITE
2.1 – PASSWORDS
If you do not log in through a third party website, you will be required to register and create an account by providing your email address and a password. You are responsible for maintaining the confidentiality of your password, and you are responsible for all activities that occur using your email and password. You agree not to share your password, let anyone else access your account or do anything else that might jeopardize the security of your passwords or account. You agree to notify FittConnexion if there is any unauthorized use of your password or account on this Site or if you know of any other breach of security in relation to this Site.
2.2 – USE OF SITE; PROHIBITIONS
Subject to your compliance with this Agreement, FittConnexion hereby grants you a limited, personal, revocable, non-transferable, non-sublicensable, and non-exclusive license to access the Site and use the content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed on the Site (collectively, the “Content”), solely for your personal, non-commercial use. You may not copy, modify, reproduce, publicly display or perform, distribute, create derivate works from or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of this Agreement, your authorization to use the Site and Content automatically terminates without notice to you.
You hereby represent and warrant that you will not, and will not induce any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Site or Content or otherwise attempt to gain unauthorized access to any portion of the Site or Content or any other systems or networks connected to the Site, or to any server of FittConnexion or its third party service providers, by hacking, password “mining”, or any other illegal means; (b) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Site or Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Site or with any other person’s use of the Site; (d) track or seek to trace, harvest or compile any information on any other person who visits the Site; (e) use the Site or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; or (f) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the Site or Content.
3 – TERMS OF SALE
A – WEIGHT LOSS CHALLENGE
By registering for the challenge, you get a free personalized nutrition plan and a training program within 24 to 48 hours of registration. You also get free access to software Fitt2Go and you can canceled at any time without charge during the trial period of 30 days beginning the day of registration. To enter the challenge, you must provide the requested information and your credit card number. Past the 30 day trial period, if you do not cancel your registration before the first day of renewal you agree to pay all of your follow-up to the end of the challenge a full $ 159.90 in two payments of $ 79.95 after the end of the trial period. If you cancell before the end of the challenge you will have to pay the balance of the amount to the end of the challenge. Within 24 to 48 hours of renewing your registration you will get your new workout program and your dietary plan of adjustment, we will contact you for this step. Competitions take place over a period of 3 months. Each participant will be compared to all the other participants that are registered in the same month. Results will be compiled and winner (s) will be announced on facebook (https://www.facebook.com/FittConnexion) within 45 days of the end of the period of 3 months (beginning on the first day of the month registration). In this way a participant who registers, for example, 15 January will have time to finish his period of 3 months and these results will be compared with all participants in January regardless of the date of registration during the month . The person who obtained the best change on its registration period wins. For more information visit the challenge section of our terms of sale or contact us at firstname.lastname@example.org.
3.1 – PERSONAL PLAN
The goal of this website is to share the experiences that we have helped others to reach success. Therefore, FittConnexion is released from any obligation concerning your training and diet request. FittConnexion is also not responsible for anything that might happen while you work out or follow a diet.
The programs and meal plans are designed for private use only and shall not be published in any way.
Due to high demands, FittConnexion will try to respond within 24h-48h business days after your purchase, but this respond time can go up to 7 days.
By sending me a request for a personalized workout or diet plan, you certify your acceptance and acknowledgement of these terms.
3.2 – MEDICAL DISCLAIMER
www.fittconnexion.com is a website strictly with workout and fitness advice from personal trainer/fitness athletes. All content, including text, graphics, images and information contained on or available through this website is for general information purposes only.
Please check with your local physician before starting any training and exercise routine. By subscribing to www.fittconnexion.com, you agree and understand that all the advice, tips and information you read are done so at the user’s own risk. By joining www.fittconnexion.com, you understand that you should always consult your physician before beginning any exercise program. This general information is not intended to diagnose any medical condition or to replace your healthcare professional. Consult with your doctor to design an appropriate exercise prescription. If you experience any pain or difficulty with these exercises, discontinue immediately and consult your physician.
3.3 – WHEN TO CONTACT YOUR PHYSICIAN
You should contact a physician if you experience any symptoms of weakness, unsteadiness, lightheadedness or dizziness, chest pain or pressure, nausea, or shortness of breath. Muscle soreness after exercise may be experienced after beginning a new exercise. Contact your physician if the soreness does not ameliorate after 4-5 days.
3.4 – SALES OF PRODUCTS AND MEMBERSHIPS TO END USERS ONLY
FittConnexion sells training program, software, knowledge and nutrition plan (the “Product(s)”) from the Site to end-user customers who purchase monthly memberships to receive the Products (“Membership(s)”) only for their own personal, non-commercial use. You may not purchase Products or Memberships for further distribution or resale or for any other commercial or business purpose. We reserve the right to limit the quantity of memberships purchased per person, per household or per order. The Membership and all rights and privileges conferred are personal and non-transferable.
3.5 – PRICING
Memberships are offered by FittConnexion through the Website are only an offer to conclude a sales contract. The sales contract is only concluded upon the confirmation of the order by e-mail by FittConnexion to You. The price of a product as shown on the Website is the NET PRICE of the product not including shipping, and not including any applicable taxes. The total price of your order will be reflected on Our final checkout page. An order receipt shall be sent to the email address you provided during sign up showing the final total price as well. The net price for Products and Memberships can be found on FittConnexion then-current pricing page located on the Site at: https://www.fittconnexion.com/services/. FittConnexion reserves the right to change the prices and fees for Products and Memberships at any time, and does not provide price protection or refunds in the event of promotions or price decreases. The foregoing is inapplicable in Quebec.
3.6 – REFUND POLICY
If you are dissatisfied with the Product for any reason, FittConnexion shall in its sole discretion provide a refund for a request for the amount paid for your most recent month of service. Refund requests must be made directly to FittConnexion at email@example.com. All refund requests must be made within thirty (30) days of the date of delivery by FittConnexion. If Fittconnexion decide to accept your refund request, FittConnexion will credit the amount paid for the returned Product (less any shipping and handling costs and fees related to the original purchase, which are non-refundable) to the credit card you used to make the original purchase. Notwithstanding the foregoing, FittConnexion does not control when a specific credit card company processes a chargeback transaction. You are responsible for contacting your credit card company if you have questions about the status of the chargeback.
FittConnexion do not refund for a request that is received by FittConnexion more than thirty (30) days after the date of original delivery. FittConnexion also does not provide a refund for returned Products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use.
3.7 – PAYMENT METHODS; MEMBERSHIP TERMS AND MEMBERSHIP CANCELLATION POLICY
FittConnexion accepts the following forms of payment: (i) Credit Card (Visa, MasterCard, and American Express) and (ii) debit card.. You agree to pay all fees charged to your account based on FittConnexion’s fees, charges, and billing terms in effect as shown on the payment page when you first sign-up for a Membership to the Site. As stated previously and for purposes of clarification, the price of a product as shown on the Website is the NET PRICE of the product not including shipping, and not including any applicable taxes. The total price of your order will be reflected on Our final checkout page. An order receipt shall be sent to the email address you provided during sign-up showing the final total price of the Membership as well. You are responsible for paying the amount reflected on Our final checkout page. If you do not wish to pay the final amount reflected on Our final checkout page you are welcome to not sign up for Membership. Any applicable taxes shall be based on the address that you provide as the shipping address when you register for a Membership. You authorize FittConnexion or the third party payment processing service provider that we engage to charge your credit card for any such taxes and fees. All payments shall be made by credit card in advance prior to shipping the Products. You represent and warrant that you are the cardholder of the credit card used. If your credit card is rejected by the card issuer, if you do not pay on time or if your credit card cannot be charged for any reason, FittConnexion reserves the right to either suspend or terminate your account and Membership. All sales and payments will be in Canadian Dollars.
IMPORTANT NOTICE TO CONSUMER: FittConnexion is a Membership is a month-to-month, cancel-at-any-time. Your Membership is billed month-to-month and may be cancelled at any time by logging on to your account within FittConnexion.com. To cancel a Membership, please login to your account on the Site and select the “Subscription Options” link, then follow instructions towards cancellation. All cancellation requests must be received by the first day of the month. Cancellation requests received after the first of the month may take effect the following month due to Our automatic system policies. If you have any problems, please email firstname.lastname@example.org. FittConnexion requires a reasonable amount of time to process your Membership cancellation request. If you cancel your Membership, you will enjoy your Membership benefits until the end of the then-current Membership term, and your Membership benefits will expire at the end of the then-current Membership term for which you have paid. You will not be eligible for a prorated refund of any portion of the Membership fees paid for any unused days of the then-current Membership term. There are absolutely no early termination fees or any other fees of any kind associated with cancelling a Membership during the membership term. You can only get one free 30 days period per years per client. If you decide to cancel a membership and then to resubscribe in the same years, you will not have a free nutrition plan and training program again. Free trial period, free training program and free nutrition plan are a one time offer per client per year.
3.8 – SHIPPING AND PRODUCT ACCEPTANCE
The shipment date will be determined according to whichever date is closer to the date of the Customer’s first purchase date. Shipping dates are estimates only. All shipments are delivered via Canada Post. The risk of loss and title for all Products purchased via the Site pass to the Customer upon delivery of the item to the carrier.
3.9 – CORRESPONDENCES WITH MEMBERS
Any and all correspondences sent, issued, expressed, or transmitted by FittConnexion or any of its affiliates to You shall strictly be in the English language. Correspondences shall include but not be limited to FittConnexion mailing envelopes and/or boxes, postcards, business cards, and any and all other mailings including but not limited to electronic mail.
4 – PROPRIETARY RIGHTS
You hereby acknowledge and agree that FittConnexion or its licensors own all legal right, title and interest in and to the Site and Content, including, without limitation, any and all intellectual property and other proprietary rights which subsist in the Site and Content, whether such rights are registered or unregistered, and wherever in the world those rights may exist.
FittConnexion is a pending trademark of FittConnexion in Canada. Other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in this Agreement, all information and screens appearing on this Site, including Content, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of FittConnexion. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
5 – THIRD PARTY SITES; INDEMNIFICATION
5.1 – THIRD PARTY WEB SITES
5.2 – INDEMNIFICATION
You hereby agree to defend, indemnify and hold each of the FittConnexion Parties (as defined in Section 6 below) harmless from and against, any and all losses, liabilities, damages, and/or claims (including, without limitation, attorneys’ fees and costs) arising from your breach of this Agreement, or otherwise arising from your (or anyone acting under your password) use or misuse of the Site, Content or Products.
6 – DISCLAIMER OF WARRANTIES
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES AND THE EXCLUSION OR LIMITATION OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
THE SITE, CONTENT, PRODUCTS AND MEMBERSHIPS ARE FURNISHED TO YOU WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. FITTCONNEXION, ON BEHALF OF ITSELF AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND THIRD PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “FITTCONNEXION PARTIES”): (A) EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE OR CONTENT WILL BE TIMELY, UNINTERRUPTED, STABLE, OR SECURE; (C) DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; (D) DOES NOT REPRESENT AND WARRANT THAT THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (E) DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OF THE USE OF THE SITE, CONTENT OR PRODUCTS IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE. YOUR USE OF THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS IS ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, CONTENT, PRODUCTS AND MEMBERSHIPS.
THIS LIMITATION OF REMEDIES IS A PART OF THE BARGAIN BETWEEN YOU AND FITTCONNEXION. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FITTCONNEXION OR ANY PERSON ON BEHALF OF FITTCONNEXION SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY.
7 – LIMITATION OF LIABILITY
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OR OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
7.1 – IN NO EVENT SHALL ANY FITTCONNEXION PARTY BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOSS OF VALUE OF THE PRODUCTS OR LOSS OF USE OF THE PRODUCTS, WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), EVEN IF A FITTCONNEXION PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.2 – IF, NOTWITHSTANDING THE FOREGOING, A FITTCONNEXION PARTY IS FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE OR LOSS WHICH ARISES UNDER OR IN CONNECTION WITH YOUR USE OF THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS, THE RELEVANT FITTCONNEXION PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID FITTCONNEXION FOR THE PRODUCTS OR MEMBERSHIP, AS APPLICABLE; AND (B) THE SUM OF ONE HUNDRED US DOLLARS (US$100).
8 – DISPUTE AND ARBITRATION; CLASS ACTION WAIVER; CHOICE OF LAW
8.1 – DISPUTE AND ARBITRATION; CLASS ACTION WAIVER
8.1(A) – UNITED STATES
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service department at email@example.com. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction (or if we have not been able to resolve a dispute we have with you after attempting to do so informally), we each agree to resolve those disputes ARISING OUT OF THIS AGREEMENT (OTHER THAN THOSE RELATED TO FITTCONNEXION’S ENFORCEMENT AND PROTECTION OF ITS NAME AND INTELLECTUAL PROPERTY RIGHTS) through binding arbitration or small claims court instead of in courts of general jurisdiction. This includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third party vendors) whenever you also assert claims against us in the same proceeding.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. The arbitrator must follow this Agreement and can award the same damages and relief that a court can award.
We each also agree that this Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law apply (despite the choice of law provision in Section 8.2 below). ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Neither you nor FittConnexion has the right to act as a class representative or class representative or participate as a member of a class of claimants with respect to any claim.
All disputes relating in any way, directly or indirectly, to FittConnexion for breach of contract, breach of fiduciary duty, negligence, personal injury, intentional torts or other tort will be arbitrated according to the rules of the American Arbitration Association (AAA) in Los Angeles, California, including any dispute about the scope of this arbitration agreement, and including all questions about the types of disputes that are subject to this arbitration agreement, all of which you agree will be decided by the arbitrators, whose decision will be final and binding on you. Any issue concerning the extent to which a dispute is subject to arbitration, or concerning the applicability, interpretation or enforceability of this Agreement, including any contention that all or part of this agreement is invalid or unenforceable, shall be governed by the Federal Arbitration Act and resolved by the arbitrators. You acknowledge and agree that, in any arbitration proceeding, no depositions will be taken, and all other forms of discovery of facts will be limited to those things that the arbitrators determine, in their sole discretion, to be necessary. Further, in any arbitration proceeding, (i) there shall be no award of punitive, exemplary, incidental or consequential or other special damages, (ii) all damages claims and awards will be governed by the provisions of the California Civil Code, and (iii) the parties will conduct the arbitration confidentially and expeditiously and will pay their own costs and expenses of arbitration, including their own attorneys’ fees. If you are unable to afford the AAA fee, you agree to notify all persons against whom you have an arbitrable claim and give such persons the opportunity individually and as a group to pay such fee. The proceeding and the decision shall be kept confidential by the parties.
8.1B – CANADA
After any dispute regarding the Program arises, the parties involved in the dispute may agree to resolve the dispute using arbitration. If the parties elect to use arbitration, claims shall be referred to the ADR Institute of Canada. For a copy of the procedure to file a claim, or for other information about this organization, contact them as follows: www.adrcanada.ca.
8.2 – CHOICE OF LAW
Unless the applicable laws of your, such as Quebec, require that the laws of that jurisdiction govern, in which case, the laws of such jurisdiction are to govern, this Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to its conflicts of laws rules. Arbitration or court proceedings must be in Los Angeles County, California. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement.
9 – ELECTRONIC COMMUNICATIONS; GENERAL TERMS
9.1 – ELECTRONIC COMMUNICATIONS
Whenever you visit our Site or send emails to us, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically regarding administrative or account information. Since these administrative or account electronic communications are essential to the successful and effective functioning of your Membership the sole remedy to opt-out is to cancel your account. You may cancel your account either by logging into your account or by emailing a request to firstname.lastname@example.org. We will communicate with you by email (if you have provided your email address to us), by posting notices on our Site or by such other means as we may determine from time-to-time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.
9.2– GENERAL TERMS
Effective Date: October 26, 2012
FittConnexion, (“FittConnexion,” “we,” “us” or “our”) values your privacy and is committed to protecting your personal information. FittConnexion is an online service that delivers high-quality nutrition and training programs to its members once a month. FittConnexion
What Information Do We Collect About You and Why?
The information we collect from you enables us to fulfill your request for our products – namely, to send you the plans and programs products that you order and receive through your Membership. The information we collect is also used to send you administrative or account communication or content in which are essential to your account. These communications are essential to the successful and effective functioning of your Membership therefore the sole remedy to opt-out is to cancel your account. You may cancel your account either by logging into your account or by emailing a request to email@example.com. We also use this information to personalize and continually improve our Site. Here are the types of information we gather:
Information We Collect Directly From You. You may browse our Site without registering. If you would like to place an order or participate in our blog or other Site offerings, then we require you to register with us and become a member on our Site so that we can fulfill your request. To register with us, we request your name and email address. As a part of the registration process, we will also ask you to select a password. In certain circumstances, such as when making a purchase, we will request that you provide your credit or debit card information and your billing and shipping address.
When you contact us with a comment, question, complaint or request for information, you may be asked for information that identifies you (such as your name and email address) along with additional information we need to help us promptly answer your question or respond to your comment or complaint. We may retain this information to assist you in the future and to improve our customer service, and product and service offerings.
Information that We Collect About You from Facebook. You may also log-in to our Site using your Facebook account. Facebook controls the information collected from you during the log-in process (ie your Facebook login and password); FittConnexion does not control the information that Facebook collects from you.
If you log-in to our Site using Facebook, you must enter your Facebook email address and password. We may also ask that you grant us permission to (i) access and collect your Facebook basic information (this includes your name, profile picture, gender, networks, user ID, list of friends, date of birth, email address, and any other information you have you have set to public on your Facebook account); (ii) send you email essential to the successful functioning of your account; (iii) post to your Wall; (iv) access posts in your news feed; and (v) access your Facebook data at any time even if you are not currently using Facebook. Please note, if you allow FittConnexion to have access to this information, then FittConnexion will have access to this information even if you have chosen not to make that information public.
We may also use automated devices and applications, such as Google Analytics and Facebook Insights, to track usage of our Site. We may use the information gathered through these methods in aggregated form to analyze ways to improve our Site. This information may also be associated with your username or email address and may be combined with other information, including personal information that we collect about you.
What About Cookies and Other Tracking Mechanisms?
Session Cookies. Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged in to the Site. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Site.
Persistent cookies. Persistent cookies remain on your computer after you have closed your browser or turned off your computer. We use persistent cookies to track aggregate and statistical information about user activity, which may be combined with other user information.
Third Party Cookies. We may also engage third parties to track and analyze non-personally and personally identifiable Site data. We use the data collected by such third parties to help us administer and improve the quality of the Site and to analyze Site usage. We do not authorize nor allow, to the best of our knowledge, the third parties we engage to use the information we provide for their own personal use.
Disabling Cookies . Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Site who disable their web browsers’ ability to accept cookies will be able to browse the Site; however, some Site features may not function if you disable cookies.
Local Storage Objects. We may use Flash Local Storage Objects (“Flash LSOs”) in order to store your Site preferences and to personalize your visit. Flash LSOs are different from browser cookies because of the amount and type of data stored. In addition, you cannot control, delete, or disable the acceptance of Flash LSOs through your browser. For more information on Flash LSOs, or to learn how to manage your settings for Flash cookies, go to theAdobe Flash Player Help Page, choose “ Global Storage Settings Panel“ and follow the instructions. To see the Flash LSOs currently on your computer, choose “ Website Storage Settings Panel“ and follow the instructions to review and, if you choose, to delete any specific Flash LSO.
Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Site to, among other things, track the activities of Site visitors, help us manage content, and compile statistics about Site usage. We and our third party service providers also use clear GIFs in HTML e-mails to our customers, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded.
Site Analytics. As noted, we may use automated devices and applications, such as Google Analytics, to evaluate usage of our Site. We also may use other analytic means to evaluate our Site. We use these tools to help us improve our Site, performance and user experiences.
Third-Party Ad Networks. We may use third parties such as network advertisers to serve advertisements on our Site. Please see the section “What About Third-Party Ad Networks?” below for additional information about our practices and your choices with regard to receiving such advertisements.
What About Third-Party Ad Networks?
You may opt-out of many third-party ad networks. The website http://www.networkadvertising.org/optout_nonppii.asp provides information regarding this practice by Network Advertising Initiative (“NAI”) members, and your choices regarding having this information used by these companies, including how to “opt-out” of third-party ad networks operated by NAI members. You also may contact About Ads at http://www.aboutads.info/choices/ for information about opting out of behavioral advertising and your choices regarding having information used by About Ads member companies, including how to “opt-out” of third-party ad networks operated by About Ads members. Opting out of one or more NAI members or About Ad members (many of which will be the same) only means that those members no longer will deliver targeted content or ads to you, but it does not mean you will no longer receive any targeted content or ads on our Site or other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing. Also, if your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different computer or change web browsers, your NAI or About Ad opt-out may no longer be effective. Additional information is available on NAI’s and About Ad’s websites accessible by the above links.
How Do We Use Your Information?
We use the information that we gather about you for the following purposes:
– To fulfill your orders or otherwise provide services related to your Membership to you, to communicate with you about your use of our Site, your Membership and/or products that we offer or make available through the Site, and for other customer service purposes.
– To respond to any inquiries you submit to us.
– To carry out or enforce a transaction or agreement with us.
– To operate, personalize and improve the Site.
– To better understand how users access and use our Site and Memberships, both on an aggregated and individualized basis, for the purposes of improving our Site and Memberships.
– We also may post to your Wall, access posts in your news feeds, and access your Facebook data when you are not logged into Facebook. We will use and access this information for the purposes described in this section and as discussed below.
When and How FittConnexion Share Information It Receives?
We do not sell or rent our users’ personal information to third parties for their own marketing or other purposes. As discussed in this Policy and described below, we may share your information, including personal information, with third parties to assist us with our own marketing efforts and to assist us in operating our Site and fulfilling your Membership.
– Service Providers. We may disclose the information we collect from you to our affiliates and third party vendors, service providers, contractors or agents who perform functions on our behalf, including with third parties that will assist us in processing payments, fulfilling your order, and otherwise assisting us in maintaining our Site and satisfying your Membership. Since these services are essential to the FittConnexion service and your Membership if you wish to opt-out You are required to cancel your account. You may cancel your account either by logging into your account or by emailing a request to firstname.lastname@example.org.
Your personal information may be maintained and processed by our affiliates and third party vendors, service providers, contractors or agents in the US or other jurisdictions. These organizations are given the information they need to perform their designated functions, and we do not authorize them to use or disclose personal information for their own marketing or other purposes. For additional information on the way in which these organizations treat your personal information, you may contact us as set out below.
– Business Transfers. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company.
– In Response to Legal Process. We, our US and other foreign affiliates and service providers also may disclose your personal information in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena, or as otherwise required by applicable law.
– To Protect FittConnexion and Others. We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, defend or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, or violations of our Terms of Service or this Policy.
– Aggregate Information. We may share aggregate information about users with third parties for marketing, advertising, research or similar purposes.
Third Party Links
Our Site may contain links to other third party websites. Any access to and use of such linked websites is not governed by this Policy, but, instead, is governed by the privacy policies of those third party websites, and we are not responsible for the information practices of such third party websites.
How Secure Is Information About Me?
We have implemented commercially reasonable technical, physical and organizational safeguards to protect personal information in our custody or control from loss, misuse, and unauthorized access, disclosure, alteration, and destruction, including, where appropriate, password protection, encryption, SSL, firewalls, and internal restrictions on who may access data to protect our Site. Please be aware that despite our best efforts, no data security measures can guarantee 100% security all of the time.
You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a password that nobody else knows or can easily guess, and keeping your password private. Also, you should never share your log-in information with others. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity. To change your Facebook password, you must go to the Facebook site and follow its procedures for changing your password.
We have personal information retention processes designed to retain personal information of consumers for no longer than necessary for the purposes stated above or to otherwise meet legal requirements.
Can I Access and Modify My Personal Information?
You have the right to access, update, and correct inaccuracies in your personal information in our custody and control, subject to certain exceptions prescribed by law. You may access and modify certain personal information that you have submitted by logging into your account and updating your profile information. You may request access, updating and corrections of inaccuracies in other personal information we have in our custody or control by emailing or writing to us at the contact information set out below. We may request certain personal information for the purposes of verifying the identity of the individual seeking access to their personal information records.
Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Site for a period of time.
Special Information for California Consumers
California residents may request a list of certain third parties to which we have disclosed personal information about you for direct marketing purposes. You may make one request per calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for your response. You may request this information in writing by contacting us at: [INSERT]. Please allow up to thirty (30) days for a response.
Terms of Service
Your use of our Site and your Membership, as well as any dispute over privacy, is subject to this Policy and our Terms of Service, available at https://www.fittconnexion.com/conditions-generales-de-vente, including applicable limitations on liability and damages and the resolution of disputes.
How to Contact Us About Privacy
If you have questions about the privacy aspects of our Site or would like to make a complaint, please contact us at email@example.com, or at:
Changes to this Policy
This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to our Policy on our Site, at https://www.fittconnexion.com/conditions-generales-de-vente. If we make any changes to this Policy that materially have affect our practices with regard to the personal information we previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Site.