Privacy Policy
INTRODUCTION
This website is owned and operated by Fitness 1o1.
Please carefully read the terms and conditions, including our privacy policy before using this website, the Fitness 1o1 blog, mobile apps, or any of our online services (collectively, the “Services”). By Accessing or using the Services, you (“User”) agree to be legally bound by these terms and conditions. If you disagree with any of the following terms or conditions, please do not use the Services.
Fitness 1o1 owns and operates the Services. Fitness 1o1 reserves the right to change any terms or conditions without notice, effective upon their posting. Fitness 1o1 or its service providers, parents, franchises, affiliates and business associates may impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability; Fitness 1o1 may also terminate your use of the Services at any time in its sole discretion.
TERMS & CONDITIONS OF USE; OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
All text, photographs, images, illustrations, artwork, audio and video clips, design, software, graphic material, trademarks, service marks and trade names, and all intellectual property rights in and to such items (hereinafter “Content”) constitute the sole and exclusive property of Fitness 1o1, its subsidiaries, franchises, affiliates, licensors, and content providers. The User is granted a personal, non-exclusive, non-assignable and non-transferable license to use the Content for non-commercial and personal, informational use only. The following acts are additionally prohibited without Fitness 1o1’s prior written approval: copying of the Services or the Content or any portion, variations or derivatives thereof; reproduction, modification, creation of derivative works, display, performance, publication, distribution, dissemination, broadcast or circulation of any Content, in whole or in part (including without limitation, the display and distribution of the Content via a third party application or Web site); and disassembling, decompiling, reverse engineering or otherwise modifying the Content.
ADDITIONAL USER CONDUCT GUIDELINES
Fitness 1o1 requests that the User not impede or inhibit any other User from using and enjoying the Services. Therefore, in using the Services, you agree not to: disrupt or interfere with the security of, or otherwise abuse, the Services, system resources, accounts, servers or networks connected to or accessible through the Services or affiliate linked websites/services; upload, post, or otherwise transmit through or on the Services any viruses or other harmful, disruptive or destructive files; use or attempt to use another’s account, service or system, or link to another site, without authorization from Fitness 1o1, or create or use a false identity on the Services; or transmit through or on the Services spam, chain letters, junk mail or other types of unsolicited mass e-mail to people or entities who have not agreed to be part of such mailings.
Fitness 1o1 reserves the right to remove any content that it in its sole discretion believes is infringing, defamatory, illegal or offensive, or otherwise as may be permitted under the Digital Millennium Copyright Act or other applicable law. Further, any unauthorized or prohibited use may additionally subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
DISCLAIMERS
User expressly agrees that the use of the services is at the User’s sole risk. Neither Fitness 1o1, Its parents, franchises, affiliates, employees, agents, service providers, third party information providers, licensors or the like warrant that the services will be uninterrupted, secure or error free; nor do they make any warranty as to the results that may be obtained from the use of the Services, or as to the accuracy, reliability, security or content of any information or service contained in or provided through the Services.
The Services, all content and information provided therein, and all downloadable software is provided on an “as is,” “as available” basis without warranties of any kind, and all such warranties, whether oral or written, express or implied, including but not limited to warranties of title, non-infringement, merchantability or fitness for a particular purpose are hereby disclaimed and expressly negated. No oral advice or written information given by Fitness 1o1, any of its parents, franchises, affiliates, employees, agents or any service providers, third party information providers; licensors or the like, shall create a warranty; nor shall user rely on any such information or advice. User hereby acknowledges that Fitness 1o1 is not responsible for any intercepted information sent via the internet, and user releases Fitness 1o1 from any and all claims arising out of or related to the use of intercepted information in any unauthorized manner.
LIMITATION OF LIABILITY
Under no circumstances, including negligence, shall Fitness 1o1, its parents, franchises, affiliates, employees, agents or any third party information provider, service providers, licensor, or anyone else involved in creating, producing or distributing the services, be liable for any direct, indirect, incidental, exemplary, economic, punitive, lost profit, special or consequential damages for any services; or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft or destruction.
MOBILE APPLICATIONS
All of these Terms and Conditions outlined herein, apply to Fitness 1o1 mobile applications also. Use of our apps is at your own risk. They are provided as a service to our members and guests without charge, and we disclaim any and all responsibility for them. We do not screen our users, so please use good judgment and common sense in deciding whom to meet or trust with your personal information. We do not provide contact details to other members through any of our apps.
INDEMNIFICATION
The User agrees to indemnify, defend and hold harmless, Fitness 1o1, its parents, franchises, affiliates, employees, agents, third party information providers, service providers, licensors or the like and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Services from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions by the User. Fitness 1o1 reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by User, in which event User will fully cooperate with Fitness 1o1 in asserting any available defenses.
THIRD PARTY LINKS AND SITES
The Services may contain links to other Internet sites, resources and/or sponsors of the Services. Fitness 1o1 does not verify, warrant, endorse, or take responsibility for the availability, accuracy, completeness or quality of the content contained in these outside sites or resources. Providing links to outside sites does not constitute Fitness 1o1’s approval of the content, policies or practices of those other sites. Be sure to review the terms of use and privacy policies posted on the outside sites or resources after utilizing them.
In order to identify third party sites or resources, the Services may make use of third party trademarks, images or branding. Usage of these items does not imply endorsement or certification by the third party. Logos and trademarks displayed within the Services are the property of their respective owners and are used in accordance with existing agreements between Fitness 1o1 and the third party or by usage guidelines and policies set forth by the third party.
CHANGES TO THE PRIVACY POLICY
If there are updates to the terms of Fitness 1o1’s Privacy Policy, Fitness 1o1 will post those changes and update the revision date on this document, so Users and Members will always know what information we collect online, how we use it, and what choices you have. Fitness 1o1 will not apply changes to how personally identifiable information is used or disclosed to information already collected absent consent, except as permitted by applicable law.
OTHER
These Terms and Conditions of Use shall be governed by, construed and enforced in accordance with the laws of the State of California and the federal laws of the United States of America. Users agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the State of California for any disputes arising from or related to the Services or these Terms and Conditions of Use. These Terms and Conditions are not intended to alter the terms or conditions of any other agreement you may have with Fitness 1o1 or its franchises, affiliates, parents, service providers or business associates to the extent that those agreements govern issues other than your use of the Services. Should any provision in these Terms and Conditions be found invalid or unenforceable for any reason, that provision shall be deemed severable from the terms and shall not affect validity or enforceability of the remaining provisions. These Terms and Conditions may not be altered by action, inaction or course of dealing between the parties. Failure by Fitness 1o1 to object to a User’s behavior, conduct or action does not constitute a consent, ratification or waiver of objection.
PRIVACY POLICY
This Privacy Policy applies to information we collect through electronic or digital means, including our website located at www.fit1o1.com, our mobile website, mobile applications and other electronic and digital means of communication. It also applies to information collected at our physical gym locations.
Fitness 1o1 is committed to providing users of its Services with an understanding of how Fitness 1o1 gathers and uses information, as well as the precautions taken by Fitness 1o1 to protect information concerning its Users. This Privacy Policy is incorporated into and is a part of the Terms and Conditions of Use; it describes Fitness 1o1‘s policies and procedures for the collection and use of personal information provided by the User as well as non-personally identifiable information.
PERSONALLY IDENTIFIABLE INFORMATION
Fitness 1o1 collects personally identifiable information directly from the User only when the User voluntarily enters information, or when the User requests or agrees that Fitness 1o1 send the User information or materials. Fitness 1o1 may also collect information through the use of promotional email campaigns or newsletters.
Using our Fitness 1o1 website or mobile app you can purchase a membership, in which case you will provide us with the following information. This information may also be provided and collected in person at any Fit 1o1 location during a membership sign up, guest visit, free trial or tour.
Categories of Personal Information.
The table below identifies the categories of personal information (as defined by the California Consumer Privacy Act ("CCPA")) we have collected about consumers in the past 12 months.
Categories
Description
Personal Identifiers and Contact Information
Name, alias, address, email address, driver’s license number, telephone number, date of birth, account username and password.
Protected Classifications
Gender, language preference.
Commercial Transactional Data
Records of products or services provided, purchasing history.
Internet Activity
Browsing history, search history, type of browser used, cookies, device used to access the site, domain name from which our site was accessed.
Geolocation Data
Includes location information about a particular individual or device. For example, if you check into one of our facilities.
Mobile Device Data
Information collected when you navigate, access or use any of our websites via mobile device, including device type, software type.
Professional information
For corporate sponsored program participants: Includes professional and employment-related information (such as current and former employer(s) and position(s), business contact information)
For health insurance related program participants: Insurance Information,
For school-related programs: name of School or Group.
Biometric information
Voice recordings of customer calls recorded for training or quality assurance purposes; thumbprints or fingerprints; surveillance footage on company property.
You can also receive a free guest pass to all of our clubs, in which case you will provide us your name, email address and telephone number with the option to receive SMS/Text Messages with the easy option to opt-out at any time.
Fitness 1o1 currently uses gathered information for the purposes of providing the User with information requested by the User, membership information, service information, and to allow the User to voluntarily participate in events, promotions, contests. Fitness 1o1 may also use personally identifiable information to process user requests and/or to send the User communications from Fitness 1o1 such as news, information and promotional offers. If the User requests information for certain offers, promotions, or contests, Fitness 1o1 may forward the User’s personal information to a third party for the purposes of supporting Fitness 1o1 in these services.
Fitness 1o1 may disclose your personal and account information to respond to court subpoenas, court orders, or other legal processes, as required by law, or to establish or exercise Fitness 1o1 legal rights or defend against legal claims. Your personal and account information may also be disclosed in connection with a sale of some or all of the Fitness 1o1 business or a merger with another entity. Within Fitness 1o1, we restrict access to information and data about you to those Fitness 1o1 employees who need to know the information and data in order to perform their jobs, such as servicing your account, or notifying you of new services, classes, and programs.