At CauseFitness.com (referred to as “us” or “we”), we recognize that your privacy is important. This Policy discloses the privacy practices for the CauseFitness.com web platform, any related apps or software, and any social media content made available by Cause Fitness (collectively, the “Platform”), as well as related products and services we may offer to you (collectively referred to as the “Services”). This Policy also covers how personal and other information that we receive or collect about you is treated. Please read the information below to learn the following regarding your use of the Platform.
If you have any questions about this Policy, please feel free to contact us at: firstname.lastname@example.org.
IMPORTANT: BY USING THE PLATFORM AND/OR OFFERINGS AVAILABLE ON THIS PLATFORM, YOU GIVE YOUR CONSENT THAT ALL PERSONAL DATA THAT YOU SUBMIT MAY BE PROCESSED BY US IN THE MANNER AND FOR THE PURPOSES DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE PLATFORM.
1. Types of Information We Collect In order to better provide you with an improved user experience and content, we collect two types of information about our users: Personally Identifiable Information (“PII”) and Aggregate Information.
Personally Identifiable Information: This refers to information that lets us know the specifics of who you are. When you engage in certain activities on this Platform, such as registering for an account, downloading or purchasing a product or service, submitting content and/or posting content in the user forums, or sending us feedback, we may ask you to provide certain information about yourself.
Examples of PII may include your first and last name, email address, mailing address (including zip code), telephone and facsimile numbers, and other identifying information. When ordering products or services on the Platform, you may be asked to provide a credit card number.
Aggregate Information: This refers to information that does not by itself identify a specific individual. We gather certain information about you based upon where you visit on our Platform and what other websites may have directed you to us. This information, which is collected in a variety of different ways, is compiled and analyzed on both a personal and an aggregated basis. This information may include the website’s Uniform Resource Locator (“URL”) that points to the Platform you just came from, which URL you go to after visiting our Platform, what browser you are using, and your Internet Protocol (“IP”) address.
2. How We Collect and Use Information We do not collect any PII about you unless you voluntarily provide it to us. However, you may be required to provide certain PII to us when you elect to use certain products or services available on the Platform. These may include: (a) registering for an account on our Platform; (b) entering sweepstakes or contests sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting a form or transmitting other information by telephone or letter; or (e) submitting your credit card or other payment information when ordering and purchasing products and services on our Platform. When processing certain information, such as payment information with affiliated banking institutions or payment processors, we encrypt the transaction, using Secure Socket Layer (SSL) encryption technology, in order to prevent your PII from being stolen or intercepted. Additionally, your credit card information is encrypted and stored on a restricted-access database that is away from our main Platform and only accessible by authorized users.
We may also collect or our third-party advertising partners may collect, certain Aggregate Information. For example, we may use your IP address to diagnose problems with our servers, software, to administer our Platform, and to gather demographic information. Our third-party advertising partners may also provide us with aggregate, but not individual reports that will tell us how many ads were presented and clicked upon on our Platform.
We may also use an outside advertising partner to display banner advertisements on our Platform. As part of their service, they will place a separate cookie on your computer. We will not provide any third-party advertising partners with any of your PII or information about your purchases. We and our third-party ad server will collect and use Aggregate Information about you, such as your IP address, browser type, the server your computer is logged onto, the area code and zip code associated with your server, and whether you responded to a particular ad. Other advertisers may also place banner ads on our Platform in the same manner as above, but we will not disclose any PII to them.
Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some aspects of the Platform may not function properly if you elect to disable cookies.
4. Release of Information We will not sell, trade, or rent your PII to others. We do provide some of our product and service offerings through contractual arrangements made with affiliates, service providers, partners, and other third parties (“Service Partners”). We and our Service Partners may need to use some PII in order to perform tasks between our respective Platforms, or to deliver products or services to you. For example, we must release your credit card information to the card-issuing bank to confirm payment for products and services purchased on this Platform; release your address information to the delivery service to deliver products that you ordered, and provide order information to third parties that help us provide customer service.
Occasionally we may be required by law enforcement or judicial authorities to provide PII to the appropriate governmental authorities. In such cases, we will disclose PII upon receipt of a court order, subpoena, or cooperation with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.
We may also provide Aggregate Information about our customers’ sales, traffic patterns, and related Platform information to third-party advertisers, but these statistics do not include any Personally Identifiable Information.
5. User Choices on Collection and Use of Information We may, from time to time, send you emails regarding new products and services that we feel may interest you. In addition, by registration, you indicate that you are interested in receiving offers or information from us and our partners. We may occasionally send you direct or electronic mail about products and services that may be of interest to you. Only we (or agents working on behalf of us and under confidentiality agreements) will send you these solicitations. If you do not want to receive solicitations from us, you can “opt-out”.
You also have choices with respect to cookies, as described above. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies some parts of our Platform may not work properly in your case.
6. Security of Your PII At our Platform, you can be assured that your PII is secure, consistent with current industry standards. We strive to take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of your PII. For example:
We work hard to ensure that the data we collect is reliable, accurate, complete, and current. We encrypt all PII, in order to prevent unauthorized parties from viewing such information when it is transmitted to us. We also only keep collected information only for as long as reasonably necessary and use it only for the purposes for which it was collected or to comply with any applicable legal or ethical reporting or document retention requirements.
We limit access to PII only to specific employees, contractors, and agents who have a reasonable need to come into contact with your information. For example, we may provide members of our technical support team with limited access to your account in order to allow them to troubleshoot problems you may be having with the Platform.
Additionally, we also employ a number of physical, electronic, and procedural safeguards to protect PII.
Finally, access by you to your PII is available through a password and unique customer ID selected by you. This password is encrypted. We recommend that you do not divulge your password to anyone.
In order to most effectively serve you, credit card transactions and order fulfillment are handled by established third-party banking institutions and processing agents (such as Stripe). They receive the information needed to verify and authorize your credit card or other payment information and to process your payment.
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your PII, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) the security, integrity, and privacy of any and all information and data exchanged between you and us through this Platform cannot be guaranteed.
7. CALIFORNIA PRIVACY RIGHTS California Civil Code Section § 1798.83 permits users of the Platform that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, contact us at email@example.com.
8. SOCIAL NETWORKING SERVICES The Platform may allow you to post information to various third-party services or platforms, such as social networking services like Instagram, Twitter, Tik-Tok, and Facebook. You acknowledge that if you choose to use this feature, your friends, followers, and subscribers on these third-party services or platforms will be able to view such activity. If you choose to accessor or make use of third-party social network services, we may receive information about you that you have made available to those social networking services, including information about your contacts on those social networking services. The use of the information by such social networking websites will be governed by their privacy policies, and we do not control their use of the shared data.
9. Miscellaneous You must be at least 18 years old to have our permission to use this Platform. Our policy is that we do not knowingly collect, use or disclose PII about minor visitors.
You should also be aware that when Personally Identifiable Information is voluntarily disclosed (i.e. your name, email address, etc.) in the discussion forums or other public areas on this Platform, that information, along with any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages (including unwanted spam messages) from third parties. Such activities are beyond our control and this Policy does not apply to such information. Please consult our Platform Terms and Conditions of Use Agreement for our Platform Conduct policies.
Access to and use of the Platform is restricted to registered users only. Some content on the Platform may require different types of registrations and/or payment of additional fees. In order to register and use the Platform, you must provide truthful and accurate account information, including but not limited to a username, email address, phone number, billing address, and credit card information. You are responsible for updating your account information as necessary to keep it accurate. Failure to maintain accurate account information could limit your access to the Platform.
In the event that you have accessed the Services through a free trial, you will have a certain period of time (as indicated at the time of registration) where you can have full access to the Services. At the end of the period of the free trial, your access to the Services will require a subscription, which will be automatically created at the end of the free trial. By accessing the Services using the free trial, you hereby understand and agree that the credit card or other payment method you have designated for use will be charged the monthly subscription fee of $79.99 USD (or the price then in effect at the time of your purchase) each month following the expiration of the free trial period. You can turn off auto-renewing subscriptions up to 24 hours before your next subscription payment is due from within your account at CauseFitness.com where you purchased your subscription. Subscriptions may be managed and auto-renewal may be turned off from within your account at CauseFitness.com after purchase. Any unused portion of a free trial will be forfeited when a subscription is canceled.
Risks of Platform Use
This Platform contains content on personal fitness, wellbeing, and nutrition and is not a substitute for direct, personal, professional medical care and diagnosis. No meal plan, dietary suggestions, or exercise programs provided on the Platform should be performed or otherwise used without clearance from your physician or health care provider first. The information provided on the Platform is not intended to provide specific physical or mental health advice, or any other advice whatsoever, for any individual or company and should not be relied upon in that regard. We are not medical professionals, registered dietitians, or psychologists, and nothing on the Platform should be misconstrued to mean otherwise.
Not all exercises shown on the Platform are suitable or appropriate for everyone. As with any exercise program, if at any point during your workout you begin to feel faint, dizzy, or have physical discomfort, you should stop immediately. You are solely responsible for exercising within your limits and seeking medical advice and attention as appropriate. We are not responsible for any injuries that result from participating in the exercises shown on the Platform.
The Platform is not directed toward children under the age of 13 and we do not knowingly collect information from children under the age of 13 through the Platform.
The Platform and Permitted Uses
The Platform provides a variety of videos, how-to’s, written descriptions, charts, and other information on fitness programs and diets (collectively, the “Platform Content”).
The Platform can only be used for your own personal purposes. To ensure that the Platform and the Platform Content are available for all users to enjoy, you represent, warrant, and covenant that you will not permit or enable a third party to do any of the following: (1) violate these Terms; (2) make commercial use of the Platform that is designed to monetize the login process, the collection and use of any personal information provided by other users, or access to the Platform Content; (3) use the Platform for any purpose that is unlawful, infringing, harmful, threatening, tortious, defamatory, libelous, abusive, obscene, invasive of another’s privacy, hateful, fraudulent, or malicious; (4) harass or advocate harassment of another person; (5) transmit “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”; (6) involves the sending of any virus, Trojan horse, worm, harmful code, shutdown mechanism or similar mechanism; (7) promote information that you know is false, misleading, or promotes illegal activities or conduct; (8) interfere with or disrupt the Platform or any server or network involved with the operation of the Platform; (9) collect or harvest from the Platform the names of other users for the purpose of transmitting to those other users unsolicited commercial messages; (10) access or attempt to access any portion of the Platform or the Platform Content by any means other than through the Website or Platform or use automated tools to operate the Platform (i.e. scripts, robots, etc.); (11) resell, rent, loan, or sublicense the Platform or Platform Content; or (12) otherwise violates any local, national or other applicable law or regulation.
If you become aware of any unauthorized use of the Platform, Platform App, or Platform Content, you must immediately notify us in writing at firstname.lastname@example.org. In the event that the unauthorized use occurred through your account by a third party, you will take all steps necessary to terminate such unauthorized use and cooperate with us as may be reasonably requested to stop the unauthorized use.
ANY USE OF THE PLATFORM OR PLATFORM APP THAT IS NOT SPECIFICALLY PERMITTED UNDER THESE TERMS IS STRICTLY PROHIBITED AND MAY RESULT, IN OUR SOLE DISCRETION, IN THE SUSPENSION OR TERMINATION OF YOUR ACCOUNT WITHOUT THE ISSUANCE OF A REFUND.
Subscription Fees, Payment Terms, and Refund Policy
The fees charged for access to the Platform are referred to as Subscription Fees. To access the Platform Content, you will be subject to monthly Subscription Fees in accordance with a fee schedule made available on the Platform. You will be required to submit payment monthly in advance to access the Platform. Payment of Subscription Fees will be conducted automatically on a monthly (or annual, if this option is available) basis. If payment of a Subscription Fee is not successful for any reason, your access to the Platform will be suspended until we can collect payment from you. If we are unable to effect automatic payment via your credit card, we will attempt to notify you via email. Since the Platform is delivered digitally (as an information-based product and service) at the beginning of the subscription period, amounts paid for the Platform under these Terms are generally not refundable.
We will publish a fee schedule on the Platform for your review. These fees are subject to change from time to time in our sole discretion and we will use good faith efforts to notify you via email or some other means prior to effectuating a change to the fee schedule.
As a condition of using the Platform, you must provide us with payment. Payment for the Platform must be made by a valid credit card or credit card and have sufficient payment to cover the subscription fee charged to you. Other forms of payment, including cash, check, wire transfer, or other trade formats will not be accepted as payment. You are solely responsible for paying amounts billed by use to your credit card for the subscription fees. All fees are payable in U.S. dollars. Any payments made by credit card are subject to the approval of the financial institution that issued the credit card.
Subscription periods are for monthly terms. Once the initial subscription period has expired, your contract will be renewed automatically for the same term at the rates then in effect. In order to maintain your access to the Platform, you hereby agree that we may continue to process your payments on the credit card you provided for your latest payment. If, before the end of the initial term of service you do not wish to continue renewing your contract, you must advise us in writing within 30 days.
You hereby grant to us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information or materials of any kind or nature communicated by you (or on your behalf) on the Platform, the Platform App, or any website or social media account associated with Cause Fitness (each, a "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You agree that we will not be bound to treat any Submission as confidential and may use any Submission in our business (including without limitation, for products, services, marketing, or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in our future operations or businesses.
We and our licensees may display advertisements and other information adjacent to or included with Submissions on the Platform, Platform App, and any other media. You are not entitled to any compensation for such advertisements. The manner, mode, and extent of such advertising are subject to change without specific notice to you.
The Platform and Intellectual Property
The Platform, Platform App, and Platform Content, including all materials, images, text, illustrations, designs, icons, photographs, video clips, audio signals, structure, layout, software, “look and feel,” and other elements contained on or otherwise making up the Platform, Platform App, or Platform Content (collectively, the “Content”), are protected by copyright, trademark, trade dress, and other intellectual property laws and international conventions. We own all rights, titles, and interests in and to the Content. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Content solely in accordance with these Terms. You are not granted any further license to any software or intellectual property rights by these Terms. Your access to and use of the Platform and Platform App is limited to your own personal electronic devices for your own personal use and may not be shared with any other person, regardless of the medium through which you are accessing the Platform and Platform App.
You are specifically prohibited from personally, and on behalf of others: (1) copying, adapting, displaying, distributing, publishing, disseminating, transmitting, storing, selling, or using the Platform, Platform App, or Content for any purposes or in any manner other than as intended and expressly authorized in writing by us; (2) removing or attempting to remove from the Platform or Platform App, downloading, copying, recreating, disassembling, modifying, destroying, tampering with, deactivating, translating, reverse engineering, or decompiling any software or other Content on the Platform or Platform App; or (3) assigning, selling, sublicensing, leasing, or otherwise transferring your right to use the Platform, Platform App, or Content; (4) using, displaying, or distributing any of the Content on your personal website, blog, social network or any other medium of publication, whether print or electronic.
We may terminate your access to the Platform or Platform App if you are in breach of any of our intellectual property rights.
Platform Warranties and Disclaimers
We provide the Platform on an “as is” and “as available” basis. You use the Platform at your own risk. We expressly disclaim any and all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, we make no representations or warranties (1) that the Platform will be permitted in your jurisdiction; (2) that the Platform will be uninterrupted or error-free; (3) concerning any content submitted by any member; (4) concerning any third party’s use of content that you submit; (5) that the Platform will meet your personal or professional needs; (6) that we will continue to support any particular feature of the Platform; (7) concerning sites and resources outside of the Platform, even if linked to from the Platform.
If a secondary party may have access to or view the Platform content on your computer or mobile device, you are solely responsible for informing such party of all disclaimers and warnings in these Terms.
You have been informed of, understand, and are aware that strength, flexibility, anaerobic and aerobic exercise, including the use of equipment in connection with the Services are potentially hazardous activities. You also have been informed of, understand, and are aware that fitness activities involve a risk of injury and that you are voluntarily participating in these activities and using equipment and machinery with full knowledge, understanding, and appreciation of the dangers involved. You hereby agree to expressly assume and accept any and all risks of injury in using the Services.
Termination of These Terms
The Owner may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or any other terms or policies provided by the Owner, (ii) you create risk or possible legal exposure for the Owner; (iii) your account should be removed due to unlawful conduct, or (iv) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services. The scope of the termination or suspension will be in the sole discretion of the Owner and may include revocation of your rights to join or continue to participate in, any social media groups or accounts associated with the Owner. You further acknowledge, agree, and understand that the Owner’s decision to terminate any of the Services or your participation in any groups associated with the Services in connection with this “Termination of These Terms” section will not entitle you to any refund of any subscription fee or other membership fees that you might have paid to Owner for the Services.
You agree to indemnify, defend, and hold harmless Us and our affiliates, directors, officers, employees, and agents, from and against all claims, damages, losses, and costs that: (1) arise from your activities on or associated with your use of the Platform; (2) assert a violation by you of any term of this Agreement; or (3) assert that any content you submitted to the Platform violates any law or infringes any third party right, including any intellectual property or privacy right.
Limitation of Liability
We will in no event be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit damages arising from or in connection with any use of the Platform and/or any website with which they are linked, and/or any content, information, products or services accessible through the Platform, even if we have been advised of the possibility of such losses or damages. Notwithstanding anything to the contrary contained herein, the aggregate liability of us to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for use of the Platform.
Such arbitration will be conducted in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of an ADR provider, and arbitrator selected by Cause Fitness and/or Owner, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator will apply South Carolina law consistent with the Federal Arbitration Act and applicable statutes of limitations and will honor claims of privilege recognized at law. If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by the arbitrator selected by Cause Fitness and/or Owner, the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH WILL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. DO NOT USE THE PLATFORM IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
Confidentiality of Communications From Us
You agree and understand that all communications (including email communication, direct message communication, or other communication, collectively “Communications”) we send to you, whether through the Platform, social media platforms, or any other communication medium, are confidential as between us and you. For this reason, you agree not to display or otherwise distribute any Communications sent to you. You further agree to keep these Communications and their contents confidential.
These Terms constitute the entire agreement and understanding between you and us and supersede any prior agreements between you and us. These Terms and the relationship between you and us will be governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict of laws provisions. You irrevocably agree to submit to the personal and exclusive jurisdiction of the courts in Greenville County, in the State of South Carolina and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severed here from and will not affect the validity and enforceability of any remaining provisions. You may not assign, transfer, or sub-license any rights granted by these Terms without our prior express written consent. We may assign these Terms to any third party whom we choose without your consent. No waiver by us of any breach or default hereunder will be deemed a waiver of any preceding or subsequent breach or default.
Copyright © 2022 CauseFitness.com
Updated: February 27, 2022