Fit to the Core with Amber, LLC / fittothecorewithamber.com
At fittothecorewithamber.com (referred to as “us” or “we”), we recognize that your privacy is important. This Policy discloses the privacy practices for the fittothecorewithamber.com web Platform, any related apps or software, and any social media content made available by Fit to the Core with Amber, LLC (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.
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. We collect two types of information from our members in order to better provide you with fitness videos and nutrition advice: 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 numbers, and other identifying information. When ordering products or services on the Platform, you will 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. 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 a sweepstakes or contest sponsored by us; (c) sending us an email message; (d) 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. Additionally, your credit card information is stored on a restricted-access database that is away from our main Platform and only accessible by authorized users.
We, 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.
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. 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 to cooperate 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. We may, from time to time, send you emails or texts 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. 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 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 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. 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 Woo Commerce). 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. The Platform may allow you to post information to various third-party services or platforms, such as social networking services like Instagram 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 access 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. Individuals in the EU may have additional rights regarding our use of your personal information under the GDPR.
10. You must be at least 13 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.
Fit to the Core with Amber, LLC / https://fittothecorewithamber.com
Updated: September 26,2021
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.
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. None of the exercise programs or nutrition advice 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 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.
You must be at least 13 years of age to become a member. 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 nutrition (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 App 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 email@example.com. 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, AT OUR SOLE DISCRETION, IN THE SUSPENSION OR TERMINATION OF YOUR ACCOUNT WITHOUT ISSUANCE OF A REFUND.
Membership Fees, Payment Terms, and Refund Policy
The fees charged for access to the Platform are referred to as Membership Fees. To access the Platform Content, you will be subject to monthly Membership 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 Membership Fees will be conducted automatically on a monthly basis. If payment of a Membership 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. Any amount paid under these Terms are generally not refundable.
We will publish the 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 having sufficient payment to cover the membership fee as charged to you. Other forms of payment, including cash, check, wire transfer, or other trade format will not be accepted as payment. You are solely responsible for paying amounts billed by use to your credit card for the membership 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.
Membership periods are for monthly or annual terms. Once the initial membership 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 you do not wish to continue renewing your contract, you must advise us in writing at: firstname.lastname@example.org, more than 14 days prior to the renewal of your contract. Following a voluntary termination of your account, you will continue to have access to your Fit to the Core with Amber Membership through the end of your current billing period.
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 Fit to the Core with Amber, LLC (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 other 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
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 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 a 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 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 defend, indemnify and hold Fit to the Core with Amber, LLC, its affiliates, directors, officers, agents, employees, and its licensors, suppliers, and Distributors harmless from any costs, damages, expenses, and liability caused by your use of the Service, your violation of these Terms, or your violation of any rights of a third party through use of the Service.
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.
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.
You are solely responsible for all fees charged by your telecommunications service provider or any other service provider related to your use of the service, including without limitation any SMS / text message fees, data charges, and other fees.
These Terms constitute the entire agreement and understanding between you and us and supersedes 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 Missouri, without regard to its conflict of laws provisions. You irrevocably agree to submit to the personal and exclusive jurisdiction of the courts in the State of Missouri, 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 herefrom 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 of default hereunder will be deemed a waiver of any preceding or subsequent breach or default.
Fit to the Core with Amber, LLC / https://fittothecorewithamber.com
Updated: September 27, 2021