PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS APPLY TO YOUR USE OF (A) THIS WEBSITE (THE “WEBSITE”), (B) THE PERFECT FIT MOBILE APP (THE “MOBILE APP”), AND (C) THE EXERCISES AND OTHER INFORMATION MADE AVAILABLE THROUGH THIS WEBSITE AND THE PERFECT FIT MOBILE APP (THE “CONTENT”).
USING OR ACCESSING THE WEBSITE, THE MOBILE APP OR THE CONTENT, ESTABLISHES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND YOUR AGREEMENT THAT THESE TERMS AND CONDITIONS ARE THE ENTIRE AGREEMENT BETWEEN YOU AND PERFECT FIT HEALTH REGARDING THE WEBSITE, THE MOBILE APP AND THE CONTENT.
PERFECT FIT HEALTH MAY CHANGE THESE TERMS AND CONDITIONS AT ANY TIME. YOU AGREE TO THOSE CHANGED TERMS AND CONDITIONS BY CONTINUING TO ACCESS AND USE THE WEBSITE, THE MOBILE APP OR THE CONTENT.
THE WEBSITE, THE MOBILE APP AND THE CONTENT ARE NOT INTENDED FOR USE BY ANYONE UNDER THE AGE OF 13. YOU CANNOT USE THE SITE UNLESS YOU ARE AT LEAST 18 YEARS OLD AND LEGALLY ABLE TO AGREE TO THESE TERMS AND CONDITIONS, OR 13 OR OLDER AND HAVE YOUR PARENT OR GUARDIAN'S CONSENT TO THE AGREEMENTS.
1. PERMITTED USE.
Any Website visitor may (i) use the Website to access and use Content, (ii) use the Website email feature to initiate emails that contain links to the Website and Content, and (iii) print copies of Content for their personal use.
2. PERFECT FIT ACCOUNT HOLDERS.
In addition to permitted uses described in Section 1 above, Perfect Fit account holders may (i) download and use the Mobile App, (ii) for their personal use, access and use exercises and exercise programs included in the Content, and (iii) store exercises and exercise programs through the storage tools provided through the Website and the Mobile App. Perfect Fit account holders are responsible for maintaining the security of their user names and passwords, and all use of their accounts. Perfect Fit Health may suspend or terminate any account at any time in Perfect Fit Health’s discretion.
3. PERFECT FIT PRO ACCOUNT HOLDERS.
Perfect Fit Pro account holders may (i) use and modify Content to provide services to individuals, (ii) establish user accounts for those individuals, and (iii) and deliver Content and modified Content to those individuals through the Perfect Fit Pro system, or such other means as Perfect Fit Health may make available.
Perfect Fit Pro account holders whom have paid the applicable fees may use the Website, the Mobile App, and the Content to provide only services they are qualified to provide. Subscription Fees or Enterprise License Fees paid by Perfect Fit Pro account holders, or Companies paying for Perfect Fit Pro account holders, are non-refundable. To terminate any Perfect Fit Pro account, notice must be provided at least thirty (30) days in advance of the next renewal period.
Access to and use of the Website, the Mobile App, and the Content and modified Content provided to Perfect Fit Pro account holders is subject to these Terms and Conditions. Perfect Fit Health may terminate Perfect Fit Pro accounts at any time for security reasons, breach of these Terms and Conditions or overdue payment.
4. PERFECT FIT PRO SERVICE RECIPIENTS.
If you receive Content or modified Content through an account established for you by a service provider, your use of the Website, the Mobile App, and that Content and modified Content is subject to these Terms and Conditions. Perfect Fit Health may terminate your account at any time for security reasons, breach of these Terms and Conditions, or if your service provider does not pay the applicable fees for your account.
5. PROHIBITED USE AND CONDUCT.
You may not use the Website, the Mobile App or any Content in any manner that (i) is illegal, or may result in civil or criminal liability, (ii) interferes with, infringes or violates the rights of others, (iii) is defamatory or abusive, (iv) may interfere with the use of the Website, the Mobile App or the Content by others, (v) may disrupt, limit or damage the operation of the Website or the Mobile App, (vi) creates or disseminates bulk email, SPAM, or (vii) otherwise violates the policies established by Perfect Fit Health in its discretion.
Except as expressly provided in Sections 1, 2, 3 and 4 above (as and to the extent those provisions are applicable to you), all copying, downloading, reproduction, distribution, adaptation, modification or communication of, or linking to Content or any portion of the Website or the Mobile App is prohibited. Screen scraping and other methods Robots, spiders and other automatic devices may not be used by anyone to monitor or copy any portion of the Website, the Mobile App or the Content.
6. HEALTH AND SAFETY INFORMATION.
Take proper precautions before beginning any exercise program, including seeing your physician or other qualified health care provider. Learn more about the Health and Safety Information at www.perfectfithealth.com/legal#health-and-safety.
8. USER PROVIDED CONTENT.
In the course of your use of the Website or the Mobile App, you might provide or communicate content or information to Perfect Fit Health or to others. One way that happens is when you use the email features of the Website or the Mobile App.
Perfect Fit Health makes and retains copies of that content and information in the course of the operation of the Website and the Mobile App. You grant to Perfect Fit Health a license to use, reproduce, display, perform, and distribute such content and information as necessary for Perfect Fit Health to manage and operate the Website or the Mobile App, for purposes of security, and for the investigation of complaints and possible unlawful activities.
Perfect Fit Health does not monitor all of the content or information posted, transmitted or communicated by others through the Website or the Mobile App. You are responsible for all content and information you post, transmit or communicate. Perfect Fit Health may use filters and other technology in the effort to detect and remove viruses, to limit spam and undesirable communication, and to protect the Website and the Mobile App from disruption or damage, as Perfect Fit Health considers necessary or appropriate in its sole discretion. Action taken by Perfect Fit Health to limit transmission of or access to any communication, information or content is not an assumption by Perfect Fit Health of responsibility for any such communication, information or content.
The Website, the Mobile App and the Content, and all voiceover, artwork, graphics, trademarks, logotypes, data and other material accessible through the Website and the Mobile App are the property of Perfect Fit Health or others. United States and international trademark, copyright and other intellectual property right laws protect the Website, the Mobile App, the Content and all such data and other material.
10. LINKS AND REFERENCES.
The Website and the Mobile App may contain links to websites operated by others. The Website and the Mobile App may also contain references to products and services offered by others. Perfect Fit Health is not responsible for, and will have no any liability of any kind with respect to those websites, products or services, or the individuals or businesses that operate those websites or offer or provide those products or services. You should direct all of your questions, concerns or complaints about those websites, products or services to the individuals or businesses that operate those websites or offer those products or services.
11. TRANSACTIONAL DATA.
“Transactional Data” means all information that is collected or accessed as a result of your use of the Website or the Mobile App. You grant Perfect Fit Health a perpetual, worldwide, irrevocable, royalty-free license, with the right to grant sublicenses, to (i) use Transactional Data in any manner for our internal business purposes, including research, development and the provision of services to you and others, (ii) distribute and disclose Transactional Data that is de-identified, and (iii) grant third parties the rights to use, distribute and disclose Transactional Data that is de-identified.
12. DISCLAIMER OF WARRANTIES.
ACCESS TO AND USE OF THE WEBSITE, THE MOBILE APP AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE.” PERFECT FIT HEALTH MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE, THE MOBILE APP OR THE CONTENT.
13. LIMITATION OF LIABILITY.
PERFECT FIT HEALTH WILL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RELATING TO (A) THE WEBSITE, THE MOBILE APP OR THE CONTENT, OR (B) THE USE OF THE WEBSITE, THE MOBILE APP OR THE CONTENT. IN NO EVENT WILL PERFECT FIT HEALTH’S LIABILITY OF ANY KIND INCLUDE ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, EVEN IF PERFECT FIT HEALTH SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IN NO EVENT WILL PERFECT FIT HEALTH’S LIABILITY OF ANY KIND EXCEED $100.
14. WAIVER AND INDEMNIFICATION.
You hereby release and discharge Perfect Fit Health, and Perfect Fit Health’s employees, contractors, officers and directors, from all liability of any kind that arises out of or relates to your use of the Website, the Mobile App and the Content.
You will indemnify and hold harmless Perfect Fit Health, and Perfect Fit Health’s employees, contractors, officers and directors, from all cost, liability and expense arising out of your use of the Website, the Mobile App and the Content.
Perfect Fit Health may take any action to enforce these Terms and Conditions, and to respond to complaints or allegations of misconduct as Perfect Fit Health deems necessary or appropriate. You agree to cooperate with Perfect Fit Health in addressing any violation of the Terms and Conditions, and in responding to complaints or allegations of misconduct, including but not limited to claims of infringement of other violation of the rights of others.
Perfect Fit Health may change the Website, the Mobile App and the Content in any way and at any time, in Perfect Fit Health’s sole discretion.
17. COPYRIGHT INFRINGEMENT CLAIMS.
Copyright infringement claims with respect to the Website, the Mobile App and the Content must include:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing 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 Perfect Fit Health to locate the material.
(iv) Information reasonably sufficient to permit Perfect Fit Health to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has 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.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copyright infringement claims should be sent to:
Perfect Fit Health LLC
ATTENTION: Shawn Rankin, CEO
These Terms and Conditions will be interpreted and construed in accordance with the laws of the State of Minnesota. All controversies and claims arising out of or relating to these Terms and Conditions will be settled by arbitration in Minneapolis, Minnesota administered by the American Arbitration Association under their Commercial Arbitration Rules. The arbitration will be conducted in the English language. Judgment on any award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
If any part of these Terms and Conditions is held illegal, void or ineffective, the remaining portions will remain in full force and effect. No failure by either party to take any action or assert any right under these Terms and Conditions will be deemed to be a waiver of that right in the event of the continuation or repetition of the circumstances giving rise to that right.
19. CONTACT US.
Questions, comments or concerns about these Terms and Conditions should be directed to: firstname.lastname@example.org.
INFORMATION WE COLLECT
Perfect Fit Health collects a number of different kinds of information about you. Some information is collected through your use of our websites at www.perfectfithealth.com and www.perfectfitpro.com (the “Site”) and some is collected through offline communications with you.
A "referrer" is the information passed along by a web browser that references the web URL from which you come to the Site. Referrers are automatically collected by web servers. We use them to identify the websites referring traffic to the Site, and to present appropriate content to Site users. We may use referrer information to identify general trends and traffic patterns. For example, we may use referrer information to identify the information on the Site that is viewed by individuals referred by certain other websites.
IP addresses are used by your computer every time you are connected to the Internet. Your IP address is a number that is used to identify your computer so that data (such as the web pages you request) can be sent to you. They are automatically collected by web servers.
System information we collect might include, among other things, the type of web browser being used. This information is sent automatically by your web browser when you are connected to the Site and we use it only to identify demographic statistics and general trends and traffic patterns.
When you register to establish an account with Perfect Fit Health you provide certain information. We use that information for the sole purpose of maintaining your account and communicating with you about Perfect Fit Health. When you purchase Perfect Fit Health services you provide credit card and other additional information. We use that information for the sole purpose of facilitating your purchase.
The Site contains features that allow you to forward information and personal messages through your email account. When you use that feature you provide your name and email address. We use this information only to assist in the process of delivering your message.
At times we might also collect information that you provide in ways that are not online, such as by mail or by phone. For example, we might collect telephone numbers or other information needed to communicate with our account holders. We use that information to communicate with you.
Future Technologies and Methods
INFORMATION WE SHARE
At times, we must disclose information to our business partners. For example, we might need to disclose certain information to our contractors, so that they may perform services for us. We may disclose personal information to such contractors and business partners without additional notice. We require such contractors and business partners to keep your information confidential.
We may also disclose the information we collect to other parties for other purposes, provided that it is de-identified. We may also be required to disclose certain information in order to comply with applicable law.
Your information may be transferred to another party that succeeds to all or part of our business. For example, if we acquire a new business, we might share your information with that business. A successor to the ownership of all or any part of our business may also access or acquire your information.
UPDATING AND CORRECTING YOUR INFORMATION
If you wish to access, update or correct the information we collect from you, please contact us at email@example.com.
We provide mechanisms to opt out of receiving certain communications from us. We describe those mechanisms in our communications as required by applicable law.
DO NOT TRACK
At this time, we do not respond to Do Not Track signals.
IMPORTANT HEALTH AND SAFETY INFORMATION
SEE YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER BEFORE STARTING ANY EXERCISE PROGRAM. ONLY A PHYSICIAN OR QUALIFIED HEALTH CARE PROVIDER CAN DETERMINE IF AN EXERCISE PROGRAM IS SAFE AND APPROPRIATE FOR YOU.
PERFECT FIT HEALTH DOES NOT PROVIDE ANY DIAGNOSTIC, TREATMENT OR OTHER MEDICAL ADVICE. THE EXERCISES AND OTHER INFORMATION PROVIDED ON PERFECT FIT HEALTH’S WEBSITES AND MOBILE APPS ARE PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND ARE NOT A SUBSTITUTE FOR DIAGNOSTIC, TREATMENT OR OTHER MEDICAL ADVICE.
YOU ARE RESPONSIBLE FOR SEEKING APPROPRIATE MEDICAL ADVICE AND EXERCISING AS DIRECTED BY YOUR QUALIFIED HEALTH CARE PROVIDER.
Follow your health care provider’s advice when exercising. Exercise in a well-lit environment that is free from obstacles and that gives you enough space to move freely. Wear appropriate footwear and clothing as your health care provider advises. Drink fluids as your health care provider advises. Stop exercising immediately and consult with your health care provider if you have any questions or concerns about exercising.
STOP EXERCISING IMMEDIATELY IF YOU BECOME NAUSEATED, DIZZY, FAINT, OR LIGHTHEADED, AND/OR IF YOU EXPERIENCE ANY UNUSUAL DISCOMFORT INCLUDING SEVERE PAIN, NUMBNESS, TINGLING, LOSS OF STRENGTH, OR SHORTNESS OF BREATH.
ABOUT PHOTOSENSITIVE SEIZURES
A very small percentage of people may be susceptible to experiencing seizures when they are exposed to certain visual images, including flashing lights and/or patterns on a computer screen, television, mobile device or other display. Even people with no history of seizures or epilepsy may have a condition that can cause photosensitive epileptic seizures to occur. A variety of symptoms, including lightheadedness, altered vision, eye or face twitching, jerking or shaking of arms or legs, disorientation, confusion, or momentary loss of awareness can result. Seizures can also result in loss of consciousness, or convulsions that can lead to additional injury as a result of falling down or striking nearby objects.
STOP EXERCISING IMMEDIATELY IF YOU EXPERIENCE ANY OF THESE SYMPTOMS.