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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