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This agreement (hereinafter, the "Agreement") between Total
Body Fitness. (hereinafter, "TBF", "us" "we" or "our") and you
sets forth the terms and conditions which govern your use of
any of the TBF websites and/or the services (hereinafter, the
"Services") thereon which are provided by TBF.
Total Body Fitness provides a variety of online fitness
programs including without limitation, weight loss, health,
diets, subscription, newsletter, and update services. TBF is
strongly committed to protecting the privacy of your personal
information, and providing a safe and secure environment.
The purpose of this TBF privacy
policy is to help you understand the kinds of information we
may gather about you when you visit our website or become a
member and/or use any of the services we offer to the general
public. Please note that by using our services you agree with
this policy. If you do not agree please refrain from using our
services.
Please note that this Policy applies only to TBF's Services
and Sites, but not to other websites to which we may link, or
to advertisers on the Sites. Additionally, your use of the
Services and/or the Sites is governed by TBF's Terms of
Service, as well as by any other published rules pertaining to
either a particular Site or Service.
Children's Information
TBF does not knowingly collect personally identifiable
information from subscribers under thirteen years of age. The
Services or Websites are not directed or intended for children
under thirteen years of age. If you are under thirteen years
of age, you should not register to become a Subscriber or
provide personally identifiable information on any of our
websites. If you are the parent or guardian of a subscriber
under the age of thirteen whom you believe has disclosed
personally identifiable information to TBF, please contact TBF
at privacy@tbfinc.com
so that we may delete and remove such subscriber's information
from our computer systems.
Security
TBF places a priority on the security of personally
identifiable information, and we undertake reasonable security
measures that comply with federal regulations to protect the
data that resides on our servers. TBF also uses secure server
software (SSL) to process all payment transactions which occur
on our website. SSL encrypts all of your personal information
transmitted over the Internet, including your credit card
number, name and address. However, no security system is
impenetrable. TBF cannot warrant or guarantee the security of
its servers, nor can it guarantee that information supplied by
Subscribers or other users will not be intercepted while being
transmitted to TBF over the Internet.
The Information We Gather
TBF collects information from you only at the time you sign up
to become a member or if you choose to receive our newsletters
by email. TBF can only collect your personally identifiable
information if, and when, it is voluntarily offered at the
time of sign-up.
How We Use the Information That We Gather
TBF uses certain technologies, such as "cookies," to
personalize and improve your online experience. Cookies are
alphanumeric identifiers that we transfer to your computer's
hard drive. Cookies store information about your visit to the
Sites or your use of the Services, thereby allowing you to
access certain TBF's features not otherwise available. The
information in the cookie is transmitted from your computer to
TBF or to one of our third-party authorized service
contractors. The information contained in these cookies makes
it possible for our systems to know if you are presently
logged onto a Site or using any of the Services, or whether
you have done so in a prior visit. This technology enables TBF
to instantly determine your access privileges while allowing
you to navigate the Sites or use any of the Services without
having to repeatedly log in. Cookies from TBF and/or one of
our authorized service contractors are also used to collect
standard information transmitted from your web browser
including, without limitation: your Internet address, browser
type, web pages you visited with date and time, purchases you
made on any of the Sites and the type of operating system on
your computer. This information is used to help us understand
and meet the ever-changing needs and interests of our
subscribers. TBF may also use cookies to track your access to,
and use of the message boards, forums and chat rooms on the
Sites, as well as your responses to any of our online surveys.
You always have the option of setting your browser to warn you
when a cookie is being accessed on your computer or to decline
cookies altogether. However, to take full advantage of the
Sites, Services and features offered by TBF, we recommend that
you set your browser to accept cookies. Setting your computer
to accept or refuse cookies varies depending on the web
browser you are running. Please check the help tab of your
browser for specifics on your software. TBF does not control
any cookies you may receive from an advertiser and these are
not subject to this Policy.
Due to the existing regulatory environment, TBF cannot ensure
that all of your personally identifiable information and
communications will remain private and will never be disclosed
in ways not otherwise described in this Policy. Therefore,
although we maintain and make every effort to comply with
industry privacy standards, we do not promise, nor should you
expect, that your personally identifiable information or
private communications will always remain private.
As a matter of policy and unless otherwise stated herein, TBF
does not rent, sell, or share your personally identifiable
information with other people or non-affiliated companies.
However, TBF reserves the right to use your personally
identifiable information to notify you of certain products or
Services about which you previously inquired or requested,
special promotional offers, and to investigate violations of
the terms and provisions of this Policy or the Terms of Use.
In addition, TBF aggregates (gathers and organizes data across
all subscriber and user accounts) personally identifiable
information from among its subscriber and user base and
discloses only that portion of the information which is
non-personally identifiable to advertisers and other third
parties for marketing, promotional and other commercial
purposes. For example, your name, email address, password,
credit card number and bank account information will never to
be disclosed without your express prior written consent.
Message
Board and Chats
Among the Services which TBF offers members on our website, we
provide message boards and chat rooms. Please be aware that
any visitor may read your postings on a message board or in a
chat room. Furthermore, any information which you may post to
a message board or in a chat room, including your profile
information, may be disclosed and available to all users of
that message board or chat room, and is therefore no longer
private. TBF cannot guarantee the security of such information
that you disclose or communicate online in public areas such
as message boards and chat rooms, and you do so at your own
risk.
Disclosure of Personal Information in the Event of Merger
or Sale of Assets
TBF, its parent, subsidiaries or affiliates, could merge with
or be acquired by another business entity, or all or
substantially all of their respective assets could be
acquired. Should such a combination, acquisition or
transaction occur, you should expect that TBF will share some
or all of your personally identifiable information with the
acquiring or merged entity in order to continue serving you
and others information, updates and offers concerning the
Sites or Services.
Third Party Links
TBF does not monitor, control or endorse the information
collection or privacy practices of any third parties
including, without limitation, any co-branded, Partner or
affiliated sites which may or may not be owned or operated by
or in conjunction with TBF or other third parties who may
provide services throughout the Sites. Please be aware that
the Sites may contain links to other websites on the Internet
and the Services may be provided by such third parties TBF
assumes no liability or responsibility for the information
collection and privacy practices of such third party. Please
consult each website's privacy policy. In addition, TBF is not
responsible for the content or data collection practices of
any third party websites, including a third party's use of
cookies or other data-collection applications. Even though
certain information collected by such third parties might not
identify you personally, we strongly encourage you to become
familiar with their privacy practices, and to contact them if
you have any questions about their respective privacy policies
and practices.
On behalf of various sponsors, our website may provide
sponsored links to third-party websites or resources ("Linked
Sites"). TBF neither controls nor have we reviewed or approved
the content that appears on such Linked Sites UNLESS otherwise
stated. You acknowledge and agree that TBF is not responsible
for the legality, accuracy or inappropriate nature of any
content, advertising, products or other materials on or
available from such Linked Sites. You further acknowledge and
agree that TBF shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such
content, goods, and services available on or through any such
Linked Site.
Correction/Updating Personal Information
If your personally identifiable information changes (such as
your address, zip code), or if you no longer desire to use or
access our service, TBF encourages you to correct, update or
remove the personal information that you provided. This can be
done by sending cancellation notice located at the website
address below. Keep in mind, however, that even if you delete
your account from TBF's records, there will be residual
information that will remain within TBF's databases, access
logs, and other records, which may or may not contain
personally identifiable information.
How To Contact Us
Please send any questions you may have pertaining to our
privacy policy to our Customer Service Department
1-800-343-0097, or email us at
info@tbfinc.com
Privacy Policy Changes
This Policy was last changed on January 24, 2006. If TBF makes
changes to any of the terms or conditions of the Policy, the
changes will be posted in this document so that you will
always know what information we gather, how we might use that
information and to whom we will disclose it. We reserve the
right to change, modify, add or remove portions of this Policy
at any time, and any changes will become effective immediately
upon being posted unless TBF advises you otherwise.
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