TERMS AND CONDITIONS

Description of Services

 

Link to Fitness its affiliates and/or third party information providers (hereinafter collectively referred to as “Link to Fitness”, “We” or “Our”) is the first fitness company that is binding the gap between certified trainers and fitness enthusiasts unlike any other competitor in the mobile app industry. We allow both parties to connect, engage, and benefit from each other on one simple platform.

 

The moment we make it simple, convenient, and affordable for individuals to achieve optimal health by connecting them with fitness professionals, is when fitness lives again. While the concept of using technology to exercise and train is not new, Link to Fitness is bringing something new for trainers and fitness enthusiasts whether online, by mobile application or other media outlet (hereinafter collectively referred to as “Platform”).

 

By making it more accessible for trainers to build their online training business, we provide fitness enthusiasts with a greater selection of trainers and workouts to browse through, so they can find their perfect virtual trainer match and achieve any fitness goal. We also believe fitness should not be a luxury, which is why we made it affordable for our users to join and choose a pricing plan that fits their budget. Our focus is largely placed on rewarding our trainers through a unique payment system, unlike anything else in the market! Trainer’s time is valuable, so we simplified how they can make an additional revenue stream through residual income on their workouts. This is what we call a win/win situation.

 

These Terms and Conditions of Use provide the legal framework for using the Link to Fitness Platform so please read the following Terms and Conditions of Use carefully before using any portion of the Platform.  Your use of this Platform is subject to, and constitutes acceptance of, the conditions included in this notice.

Binding Effect

 

Link to Fitness owns and operates, this Platform and is making it available to you upon these Terms and Conditions of Use and subject to our Privacy Policy. These Terms and Conditions of Use constitute a binding agreement. By directly or indirectly using the Link to Fitness Platform or any services provided in connection with the Platform you accept and agree to abide by these Terms and Conditions of Use, as well as Our Privacy Policy. Please do not use this Platform if you do not accept these Terms and Conditions of Use or Our Privacy Policy.

 

This Platform is provided by Link to Fitness for the convenience of its visitors to Our Platform.  Nothing contained within this Platform shall be construed as an offer to form a binding contract, or as a grant of any license or transfer of any intellectual property.  This Platform is available only for use of those individuals that are 18 years of age or older. If you are under 18 years old, please do not use this Platform. BY USING THIS PLATFORM YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND YOUR USE OF THIS PLATFORM IS AT YOUR OWN RISK.  Notwithstanding any other provision herein, Link to Fitness reserves the right, in the event of a violation of these terms and conditions, to protect its rights, property, and business and legal interests to the maximum extent of the law.

Privacy Policy

 

Link to Fitness is committed to and respects your privacy and therefore permits you to control the treatment of your personal information. A complete statement of Our Privacy Policy can be found by clicking here . Link to Fitness’ Privacy Policy is expressly incorporated into these Terms and Conditions of Use by this reference.

Medical Disclaimer

 

YOU UNDERSTAND THAT EXERCISE MAY BE A RISK TO YOUR PHYSICAL HEALTH AND SAFETY IF NOT DONE PROPERLY. YOU FURTHER UNDERSTAND THAT LINK TO FITNESS RECOMMENDS THAT YOU CONSULT A PHYSICIAN PRIOR TO USING ANY EQUIPMENT, ENGAGING IN ANY EXERCISE PROGRAM OR ACTIVITY, OR UNDERTAKING ANY FOOD OR DIET PROGRAM, WHETHER OR NOT SUCH PROGRAM IS RECOMMENDED BY LINK TO FITNESS. YOU FURTHER UNDERSTAND THAT NEITHER LINK TO FITNESS NOR THE ADVICE OF ANY LINK TO FITNESS PERSONNEL IS A SUBSTITUTE FOR MEDICAL ADVICE.

 

BY USING THIS PLATFORM AND ANY AFFILIATED INTERNET SITES OR SOFTWARE, YOU AGREE TO HOLD LINK TO FITNESS, ITS PARTNERS, AFFILIATES, AGENTS, ASSIGNS, SUBSIDIARIES, PRINCIPALS, EMPLOYEES, LICENSEES, AND OFFICERS (“RELATED ENTITIES”) HARMLESS FOR ANY ACTION, SUIT, CLAIM, LOSS, INJURY, OR DAMAGE, ARISING FROM YOUR RECKLESSNESS, NEGLIGENCE, MISUSE OF GYM EQUIPMENT, IMPROPER EXECUTION OF GENERALLY ACCEPTABLE EXERCISE TECHNIQUES, OR FOR ANY DAMAGE OR INJURY THAT OCCURS PURSUANT TO ANY INFORMATION RECEIVED ON THE INTERNET, OR BY ANY OTHER MEANS NOW KNOWN OR LATER DEVELOPED. YOU ACKNOWLEDGE THAT YOU HAVE HAD THE PRIOR OPPORTUNITY TO, AND/OR HAVE, CONSULTED A PHYSICIAN BEFORE ENTERING INTO THIS AGREEMENT. YOU HEREBY AGREE TO HOLD LINK TO FITNESS, TOGETHER WITH ALL OF ITS RELATED ENTITIES, PARTNERS, AND AFFILIATES, HARMLESS FOR ANY ACTION, SUIT, CLAIM, LOSS, INJURY, OR DAMAGE ARISING FROM ANY AND ALL INJURIES SUSTAINED ARISING OUT OF YOUR USE OF THIS PLATFORM, ITS LINKS, OR ANY GOODS OR SERVICES PURCHASED, SUBSTRIBED TO, OR OBTAINED, HEREUNDER.

Fee Based Services

 

Some of the services provided within Our Platform may require you to pay a fee, as described in the specific conditions included where those services are offered. You agree to pay all fees and charges that you incur. Unless otherwise noted, all currency references are in U.S. dollars. We may, upon notice if required by applicable laws, at any time change the amount of, or basis for determining, any fee or charge, or institute new fees or charges. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. To the extent Link to Fitness incurs any fee’s as it relates to chargebacks on your account, we reserve the right to pass these fee’s onto you. All charges and/or fees are final and non-refundable, unless specifically determined and authorized by Link to Fitness.

Payout to Trainers

 

Trainers who create an account on Our Platform and pay the applicable monthly reoccurring fee (“Registered Trainer”) will be entitled to certain compensation as a result of his/her participation as a Registered Trainer. Registered Trainers shall receive payment on a pay-per-click basis for uploading their original workout plans to Our Platform (“PPC Payment”). Such PPC Payment shall begin to accumulate once a certain Link to fitness user activates and complete that Registered Trainer’s workout. Registered Trainers must request to be issued PPC payment and may only do so once they have a balance of Fifty Dollars ($50.00) or more in their account. All payment disbursements to Registered Trainers will be handled through a third party payment processing company Stripe.  Payments issued to Registered Trainers will take anywhere from ten to fifteen (10-15) days and are only made in U.S. dollars.

Ownership and Use of Information

 

This Platform, including the information contained herein, is protected by copyright and trademark laws under U.S. and International law.  Link to Fitness and/or its partners or third party affiliates own all of the information on the Platform, and you do not acquire any ownership rights by accessing, downloading or printing any of the information contained herein.

 

If you are a personal user, you may access, download and print information on Our Platform for your personal, non-commercial home use only. Link to Fitness does not transfer either the title or intellectual property rights to any of the images, files or accompanying data, and Link to Fitness retains full and complete title and intellectual property rights of all of its collective data on its Platform. If you are a company user, you may access, download and print information on Our Platform for your company’s internal use only. In either case: (1) you must retain all copyright and other proprietary notices on all copies of the downloaded or printed information; and (2) you may not modify the information, or reproduce, publicly display, distribute or otherwise use the information for any public or commercial purpose. The use of any information from Our Platform on any other website or networked computer environment (including for purposes of establishing a link to Our Platform) is prohibited and Link to Fitness expressly reserves the right to disable any unauthorized use of information or links to its Platform by such third party company.

Copyrights and Trademarks

 

This Platform, and the information which it contains, is the property of Link to Fitness, LLC and is protected from unauthorized copying and dissemination by United States copyright law, international conventions, and other intellectual property laws.  The trademarks and logos displayed on Our Platform are trademarks of Link to Fitness, LLC, except as otherwise noted.  In particular, LINK TO FITNESS is a service mark of Link to Fitness, LLC.  Nothing on this Platform should be construed to grant any license or right in or to any trademarks, logos or other intellectual property rights.  All rights are reserved by the owners of each trademark, service mark, logo, or other intellectual property, except as otherwise described in this notice.

 

Link to Fitness does not grant you any express or implied right under any patents, trademarks, copyrights, or trade secret information, other than the limited right to access, download and print information as described above.

Content on Our Platform

 

Our Platform includes a combination of content that we create, that Our affiliates or partners create, and that Our users create. All materials published on Our Platform, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by Our copyrights or trademarks or those of Our partners or affiliates. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on Our Platform in whole or in part.

 

You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on Our Platform (“Your Content”). You certify that you own all intellectual property rights in Your Content. You hereby grant us, Our affiliates, and Our affiliates or partners a worldwide, irrevocable, royalty-free, nonexclusive, sub licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of: (i) displaying Your Content on Our Platform; (ii) distributing Your Content, either electronically or via other media, to users seeking to download or otherwise acquire it; and/or (iii) storing Your Content in a remote database accessible by end users, for a charge. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.

 

Our Platform contains content that we create, as well as content provided by third parties. This content includes, among other things, product reviews, white papers, and stock quotes. It also includes information about products and services offered by parties other than LINK TO FITNESS, such as product descriptions, specifications, pricing, availability, and performance. We do not guarantee the accuracy, the integrity, or the quality of the content on Our Platform, and you may not rely on any of this content. Without limitation, we are not responsible for any postings by users in the user opinion, message board, or feedback sections of Our Platform.

 

You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, but you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in Our sole discretion, violate these Terms and Conditions of Use or that is otherwise objectionable.

Third-Party Sites

 

As a convenience to you, we may provide links on The Platform operated by other entities, including Link to Fitness’ partners and affiliates. These sites are beyond Our control, and the sites may have practices or policies that are different from those described in these Terms and Conditions of Use of Use or Our Privacy Policy. Link to Fitness and its affiliates make no representations or warranties regarding these other websites or any information appearing on such sites. In addition, links from this site do not imply that Link to Fitness or its affiliates sponsor or endorse these other sites or any of the products or services described therein.

 

We do not sell, resell, or license any of the products or the services that we review, list, or advertise on Our Platform, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.

Work-Outs; Fitness Programs & Trainers

 

Work-outs and/or fitness programs and/or training regimens are owned by their respective trainers or other, third-parties (collectively, the “Trainers”).  It is the responsibility of the Trainers, not LINK TO FITNESS, to control, manage, protect, and enforce their own work, websites, and intellectual property.  All customer comments, complaints, concerns, inquiries, or questions should be directed to the Trainers directly, and not to, or through, LINK TO FITNESS.

 

Link to Fitness does not confirm any of the Trainer’s purported identities. You are solely responsible for determining the identity and suitability of the Trainers you contact through your use of Our Platform. Link to Fitness further makes no representations, offers no assurances, and does not investigate any of the Trainer’s backgrounds, morality, character, actions, or demeanor and you hereby acknowledge that you assume the risk of any encounter or interaction with such persons. We encourage all users to communicate with the Trainers personally and conduct independent research as necessary prior to any encounter or interactions.

Indemnification

 

You hereby agree to indemnify, defend and hold LINK TO FITNESS and all of its principals, officers, directors, owners, members, employees, agents, information providers, affiliates, partners, and licensors (collectively, the “LINK TO FITNESS Parties”) harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by any LINK TO FITNESS Party in connection with any claim, including, but not limited to, claims against you for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement.

Use of Our Platform

 

Without limiting the foregoing, you agree that you will not use Our Platform to engage or take part in any of the following conduct or actions:

Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others;

Publish, post, upload, e-mail, distribute, or disseminate (collectively, “Transmit”) any inappropriate, profane, libelous, defamatory, infringing, obscene, indecent, or unlawful content;

Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, Our Platform, any software or hardware, or telecommunications equipment;

Advertise or offer to sell any goods or services for any commercial purpose unless you have Our written consent to do so;

Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;

Download any file that you know or reasonably should know cannot be legally obtained in such manner;

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;

Restrict or inhibit any other user from using and enjoying any public area within Our Platform;

Collect or store personal information about other end users;

Interfere with or disrupt Our Platform, servers, or networks;

Impersonate any person or entity, including, but not limited to, a LINK TO FITNESS representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;

Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through Our Platform or to manipulate your presence on Our Platform;

Take any action that imposes an unreasonably or disproportionately large load on Our infrastructure;

Engage in any illegal activities.

You agree to use Our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the “Forums”) only to send and receive messages and material that are proper and related to that particular Forum.

If you choose a username that, in Our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from Our Platform, deny you access to Our Platform, or any combination of these options.

Unauthorized access to Our Platform is a breach of these Terms and Conditions of Use and a violation of the law. You agree not to access Our Platform by any means other than through the interface that is provided by LINK TO FITNESS for use in accessing Our Platform. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of Our Platform, except those automated means that we have approved in advance and in writing.

You acknowledge that LINK TO FITNESS has not reviewed and does not endorse the content of all sites linked to from this Platform and is not responsible for the content or actions of any other sites linked to from this service.   Linking to any other service or site from this website, thus, is done at your sole risk.

For purposes of these Terms and Conditions of Use of Use, “information” is defined broadly to include all electronic materials and content, including text, graphics, audio, software and other copyrightable items.

We have the right, but not the obligation, to take any of the following actions in Our sole discretion at any time and for any reason without giving you any prior notice:

Restrict, suspend, or terminate your access to all or any part of Our services;

Change, suspend, or discontinue all or any part of Our services;

Refuse, move, or remove any material that you submit to Our Platform for any reason;

Refuse, move, or remove any content that is available on Our Platform;

Deactivate or delete your accounts and all related information and files in your account;

Establish general practices and limits concerning use of Our Platform.

You agree that we will not be liable to you or any third party for you taking any of these actions.

Submissions By You

 

We request that you not send Us any unsolicited confidential or proprietary information, including trade secrets, ideas, concepts or know-how. If, despite our request, you or someone acting on your behalf furnishes Us with unsolicited information, you acknowledge that Link to Fitness will be under no obligation to treat such information confidentially and Link to Fitness and its affiliates will have an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, transmit and distribute such information.

Warranties

 

WE DO NOT WARRANT THAT OUR PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR PLATFORM. OUR PLATFORM AND ITS CONTENT IS DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL.  WE MAKE NO WARRANTY THAT: (i) OUR PLATFORM WILL MEET YOUR REQUIREMENTS; (ii) OUR PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR PLATFORM WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR PLATFORM WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR PLATFORM, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR PLATFORMS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.

 

SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  THEREFORE, THE ABOVE-DESCRIBED LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

NO WARRANTY: LINK TO FITNESS MAKES NO WARRANTIES, OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.

Termination

 

LINK TO FITNESS has the right to terminate your ability to access Our Platform and/or Our services, at any time, for any reason, and without notice.

 

Your failure to follow the Terms and Conditions of Use, whether listed herein or in supplemental notices posted at various points in the Platform, may result in termination of the access to the Platform, without notice, in addition to LINK TO FITNESS’s other remedies.

Applicable Law

 

This website can be accessed from every U.S. State, as well as from other countries around the world.  Each of those places has laws that may differ from those of Florida, U.S.A., where Link to Fitness’s principal office is located.  By accessing this website you and Link to Fitness agree that the laws of the State of Florida, without regard to its conflicts of laws principles, will apply to all disputes based on, arising out of, or relating to your use of this website or any information it contains.  WITH RESPECT TO SUCH DISPUTES, YOU AND LINK TO FITNESS ALSO IRREVOCABLY AND UNCONDITIONALLY AGREE AND HEREBY SUBMIT TO THE EXCLUSIVE AND MANDATORY PERSONAL JURISDICTION AND VENUE OF ANY COURT LOCATED IN MIAMI, FLORIDA, U.S.A., AS WELL AS TO THE WAIVER OF A JURY TRIAL.

Digital Millennium Copyright Act

 

Link to Fitness respects the intellectual property rights of others and in an attempt to comply with all relevant laws has certain legally mandated procedures regarding the allegations of copyright infringement occurring on Our Platform. Link to Fitness’ policy is to investigate any allegations of copyright infringement brought to its attention.

 

Our designation agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any notification of claimed infringement, which may be given under the Act is as follows:

Stephanie Castano, CEO & Co-Founder

Link to Fitness, LLC.

3510 Kraft Road, Suite 200

Naples, FL  34105

[email protected]

 

If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Link to Fitness to delete, edit, or disable the material in question, you must provide Link to Fitness with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Link to Fitness to locate the material; (d) information reasonably sufficient to permit Link to Fitness to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Disclaimers and Limitation of Liability.

 

THIS SITE, AND THE INFORMATION PROVIDED HERE, MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. LINK TO FITNESS AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THIS SITE, OR THE INFORMATION PROVIDED HERE, OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH ADVICE, OPINION, STATEMENT OR OTHER INFORMATION WILL BE AT YOUR SOLE RISK. LINK TO FITNESS AND ITS AFFILIATES ALSO DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

THIS SITE, AND THE INFORMATION PROVIDED HERE, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

 

IN NO EVENT WILL LINK TO FITNESS, OR ANY OF ITS PARTNERS, PRINCIPALS, OR AFFILIATES, BE LIABLE TO ANY INDIVIDUAL OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THIS SITE OR ANY LINKED WEBSITE, EVEN IF ANY OF THEM IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Dated Information

 

The information presented on Our Platform is or was current as of the “Effective Date” shown below.  While Link to Fitness may periodically update or correct information presented on the Platform, such information may include typographical errors and/or technical inaccuracies and/or omissions.  Link to Fitness makes no representation or warranty as to the accuracy of any information at this website and expressly disclaims any obligation to update such information.  Link to Fitness also reserves the right to make additions, deletions or modifications to any information at any time and from time to time without any prior notice.

Changes to This Notice

 

Link to Fitness reserves the right, in its sole but reasonable discretion to amend or modify the Terms and Conditions of Use from time to time without notice to you. Such amendment shall be effective beginning on the date it is posted and any amended dispute resolution terms shall not apply to any dispute of which the parties had actual notice prior to the date of the amendment. Your continued use of this Platform following the posting of such amendment will mean that you accept these Terms and Conditions of Use and Our Privacy Policy, as amended.

Miscellaneous

 

Our failure to exercise or enforce any right or provision of these Terms and Conditions of Use shall not constitute a waiver of such right or provision.

 

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Our Platform or these Terms and Conditions of Use must be submitted or filed within six (6) months after such claim or cause of action arose or be forever barred.

 

These Terms and Conditions of Use, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and LINK TO FITNESS and govern your use of Our Platform, superseding any prior understandings or agreements, oral or written, that you may have with us.

 

Link to Fitness operates this site from its offices within the United States of America. Link to Fitness makes no representation that materials on site are appropriate or available for use in other locations. If you access this site from outside of the United States of America, you are responsible for compliance with all local laws.

If any provision of these Terms and Conditions of Use or Our Privacy Policy is determined to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and Conditions of Use or Our Privacy Policy and will not affect the validity and enforceability of any remaining provisions.

These Terms and Conditions of Use and Our Privacy Policy represent the entire agreement between the parties with respect to your use of this site.

IF YOU DO NOT AGREE WITH OUR TERMS AND CONDITIONS OF USE, PLEASE DO NOT USE THE PLATFORM OR OUR SERVICES.

 

BY CLICKING HERE, I ACKNOWLEDGE THAT I HAVE READ, ACCEPTED, AND AGREED TO ALL TERMS AND CONDITIONS OF THIS LINK TO FITNESS PLATFORM AND LINK TO FITNESS’S SERVICES.

 

Effective Date

January 2017

PRIVACY POLICY

LINK TO FITNESS, LLC (“Company,” “us” or “we”) respects the privacy of the visitors to the website, apps and other outlets (hereinafter collectively referred to as “Platform”). This Privacy Policy (“Privacy Policy” or “Policy”) is an agreement between Company and you, as the user of the Platform (“you”). This privacy policy applies solely to information collected by our Platform and will notify you of the following:

 

What personally identifiable information is collected from you through your use of the Platform, how it is used and with whom it may be shared.

 

1. What choices are available to you regarding the use of your data.

2. The security procedures in place to protect the misuse of your information.

3. How you can correct any inaccuracies in the information.

4. How we may change this Policy.

5. When this Policy is effective.

Information Collection, Use, and Sharing

 

We are the sole owners of the information collected on this Platform. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. You are not required in any way to provide any personal information to us unless you choose to access features on the Platform which require the information.

 

We will not sell or rent this information to anyone. We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g., to ship an order.

 

Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

Your Access to and Control over Information

 

As required by law you may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address given on our Platform:

 

   • See what data we have about you, if any.

   • Change/correct any data we have about you.

   • Have us delete any data we have about you.

   • Express any concern you have about our use of your data.

Security

 

We take precautions to protect your information and strive to prevent unauthorized access to any of your personal information. When you submit sensitive information via the Platform, your information is protected both online and offline through the use of technology and procedures that are designed to safely and securely store your information. While Link to Fitness implements these safeguards to prevent unauthorized access, use or disclosure, you expressly acknowledge and agree there is no guarantee that such technology or procedures can or will eliminate the risk of unauthorized access, use, disclosure, theft, loss or misuse. We also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

 

Wherever we collect sensitive information (such as credit card data), that information is transmitted to us in a secure way. All payment processing is handled by a third party payment processing company Stripe. Your financial account information is protected and secure both when using Stripe and Link to Fitness to process and handle your payment.We also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

Registration

 

Link to Fitness intends only persons who are eighteen (18) years or older to use this Platform. In order to use this Platform or any of the services provided, a user may first have to complete a registration form. During registration, a user is required to give certain complete and accurate information (such as name and email address). This information is used to contact you about the products/services on our Platform in which you have expressed interest. At your option, you may also provide demographic information (such as gender or age) about yourself, but it is not required. During registration a user will also be asked to enter an email and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, email, or password of someone else at any time. You agree to notify Link to Fitness immediately upon any unauthorized use of your account, username, or password. Link to Fitness shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Link to Fitness, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

Notice Concerning Children

 

PLEASE NOTE: We are a general audience Platform and do not direct any of our content specifically at children under thirteen (13) years of age. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a Platform user is under the age of thirteen (13), we will promptly delete any personal information in that user’s account.

Orders

 

We request information from you on our order form. To buy goods or purchase services from us, you must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fulfill your orders. If we have trouble processing an order, we will use this information to contact you.

Cookies

 

We may use “cookies” on the Platform. A cookie is a piece of data stored on the Platform visitor’s hard drive to help us improve your access to our Platform and identify repeat visitors to our Platform. Cookies can also enable us to track and target the interests of our users to enhance the experience on our Platform. Usage of a cookie is in no way linked to any personally identifiable information on our Platform. Some of our business partners may use cookies on our Platform (for example, advertisers). However, we have no access to or control over these cookies.

Sharing

 

We may share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person.

 

We may use an outside shipping company to ship orders, and a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes beyond filling your order.

 

We may partner with another party to provide specific services. When the user signs up for these services, we will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.

Links

 

This Platform contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our Platform and to read the privacy statements of any other site that collects personally identifiable information.

Surveys & Contests

 

From time-to-time our Platform requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of the Platform.

Risk of Interception

 

When giving out personal information online there is a risk that third parties may intercept and use that information. While Link to Fitness strives to protect personal information and Privacy, we cannot guarantee the security of any data provided to or received by us through this Platform and any personal information, general information or other data or information received from you through the Platform is provided to us at your own risk, which you expressly assume.

Notice to Non-U.S. Residents

 

Link to Fitness’ Platform and servers are operated in the United States. If you are located outside of the United States, please note that any Personal Information you provide to us will be transferred to the United States. By using this Platform and by providing us Personal Information when using our services, you hereby consent to this transfer and our use of the information and data provided by you in accordance with this Privacy Policy.

Effective Dates

 

This Privacy Policy is effective as of January 30, 2017, and will remain in effect except with respect to any of its provisions that are changed in the future, in which case the changes will become effective on the date they are posted on the Platform or we otherwise notify you of the changes. We reserve the right to change this Privacy Policy at any time. Changes, modifications, additions, or deletions will be effective immediately on their posting to the Platform. You should check this Policy periodically as its terms may change from time to time. Your continued use of the Platform after we post any such modifications will constitute your acknowledgement of the modified Policy and your agreement to abide and be bound by the modified Policy. We will also revise the “last updated” date found at the beginning of this Privacy Policy when we post changes to it.

 

If you feel that we are not abiding by this privacy policy, you should contact us promptly via email at [email protected]

Last Updated January 2017