Legal and Privacy Policies

By using Exercise.com, you agree to be bound by the following policies:

Site Rules
Privacy Policy
Terms of Service

Basic Site Rules

Exercise.com is a friendly community! Failure to follow these rules will result in your account being closed.

Interacting with Members

Exercise.com is a safe place for people to come and enjoy. There should be no abusive language, personal attacks, threats, or any other unkind behavior.

Keep It Clean

You may not post any offensive content on Exercise.com including your username, avatar, or personal description. You may not add any offensive comments, chat, or other content. The following behavior is prohibited and can result in your being kicked or banned: using offensive/vulgar language, using toilet humor, making personal attacks, spamming or advertising competitive websites, religious or political debate, intentionally pointless/distracting posts, and discussion of illegal activities (drugs, etc).

Only One Account

Members may only have ONE Exercise.com account. Members who create more than one account may have all accounts closed.

Please read this entire page for all rules, terms, policies, and agreements on Exercise.com!

Privacy Policy

Put simply: we will NEVER share your personal information with anyone without your permission!

This policy covers how Exercise.com treats personal information that Exercise.com collects and receives, including information related to your past use of Exercise.com products and services. Personal information is information about you that is personally identifiable like your name, address, email address, or phone number, and that is not otherwise publicly available. This policy does not apply to the practices of companies that Exercise.com does not own or control, or to people that Exercise.com does not employ or manage. In addition, certain Exercise.com services may have their own associated privacy statements.

Collecting Information

Exercise.com collects personal information when you create an account with Exercise.com, when you use Exercise.com products or services, when you visit Exercise.com pages or the pages of certain Exercise.com partners, and when you enter promotions or sweepstakes. Exercise.com may combine information about you that we have with information we obtain from business partners or other companies. When you create an Exercise.com account we ask for information such as your name, email address, birth date, gender, zip code, occupation, industry, and personal interests. Once you create an account with Exercise.com and sign in to our services, you are not anonymous to us. Exercise.com automatically receives and records information on our server logs from your browser, including your IP address, Exercise.com cookie information, and the page you request. Exercise.com uses information for the following general purposes: to customize the advertising and content you see, fulfill your requests for products and services, improve our services, contact you, conduct research, and provide aggregated, anonymous reporting for internal and external clients.

Cookies

Exercise.com may set and access Exercise.com 'cookies' on your computer. Exercise.com lets other companies that show advertisements on some of our pages set and access their cookies on your computer. Advertisers or other companies do not have access to Exercise.com's cookies. These third-party advertising companies serve ads when you visit our website. These companies may use non-identifiable information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. Google, as a third party vendor, uses cookies to serve ads on this site. This includes the DoubleClick DART cookie which enables it to serve ads to users based on their visit to this site and other sites on the Internet. You may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.

Your Information

You can edit your Exercise.com account information at any time. We reserve the right to send you certain communications relating to the Exercise.com service, such as service announcements, administrative messages and the Exercise.com Newsletter, that are considered part of your Exercise.com account, without offering you the opportunity to opt-out of receiving them. You can delete your account by contacting Exercise.com.

Confidentiality and Security

We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. We have physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information about you.

Protecting Your Information

Exercise.com does not rent, sell, or share personal information about you with other people or nonaffiliated companies except to provide products or services you've requested, when we have your permission, or under the following circumstances:

We provide the information to trusted partners who work on behalf of or with Exercise.com under confidentiality agreements. These companies may use your personal information to help Exercise.com communicate with you about offers from Exercise.com and our marketing partners. However, these companies do not have any independent right to share this information.
We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims;
We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Exercise.com's Terms of Service, or as otherwise required by law.
We transfer information about you if Exercise.com is acquired by or merged with another company. In this event, Exercise.com will notify you before information about you becomes subject to a different privacy policy.

Our Policy Towards Children

Exercise.com is not directed to children under 18. We do not knowingly collect personal information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with personal information without their consent, he or she should contact us. If we become aware that a child under 13 has provided us with personal information, we will delete such information from our files.

Policy Updates

Exercise.com may update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your Exercise.com account or by placing a prominent notice on our site.

Contacting Us

If you have any questions about this Privacy Policy, please contact us at privacy@exercise.com.

Terms of Service

Put simply: respect others, respect the law, and enjoy yourself!

Exercise.com provides its service to you subject to the following terms and conditions (the "Terms of Service"). These Terms of Service constitute a binding legal agreement between you, as a user of the Service (as described below) and Exercise.com. Exercise.com may also offer other services that are governed separately by their own terms of service.

Service

Exercise.com provides a collection of content, resources, tools, and technologies that enable users to enjoy exercise and its surrounding culture (the "Service"). In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States. You may use the Service only in compliance with these Terms of Service and all applicable local, state, national, and international rules and regulations. Exercise.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Exercise.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

The Service may include advertisements, which may be targeted to the Content (as described below) or information on the Service. The types and extent of advertising on the Service are subject to change. In consideration for Exercise.com granting you access to and use of the Service, you agree that Exercise.com and its third party providers and partners may place such advertising on the Service or in connection with the display of Content or information from the Service whether submitted by you or others.

Member Accounts

While many portions of the Service do not require registration, you may register as a user of Exercise.com to enjoy greater access or privileges by creating an Exercise.com account ("Account"). To create an Account, you must be of legal age to form a binding contract. Parents or guardians of children under the age of 13 who wish to allow their children access to the Service must create an account that is maintained by a legal guardian of at least 18 years old and monitor the child's usage. By allowing a child access to your account, you also give your child permission to access all areas of the Service. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Service areas and/or Content are appropriate for your child.

If you choose to create an Account you will receive a username and password upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and you agree not to disclose your password to any third party. You agree that you are fully responsible for all activities that occur under your password or account, whether or not you have authorized such activities or actions. You agree to immediately notify Exercise.com of any unauthorized use of your password or account or any other breach of security. You agree that the information that you provide to us upon registration and at all other times will be true, accurate, current and complete. Exercise.com cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

You acknowledge, consent and agree that Exercise.com may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Exercise.com, its users and the public.

Account Limitations

You acknowledge that Exercise.com may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Exercise.com's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Exercise.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Exercise.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Exercise.com reserves the right to modify these general practices and limits from time to time.

Privacy

Any personal information that you provide to us is subject to our Privacy Policy, which governs our collection and use of your personal information. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing, and use by Exercise.com. As part of providing you the Service, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Service and you will not be able to opt out of receiving them.

Member Conduct

You agree to not use the Service to:

upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
threaten or harm minors in any way;
"stalk" or otherwise harass another;
impersonate any person or entity, including, but not limited to, a Exercise.com representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law; and/or
collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above.

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Exercise.com username), use of the Service, or access to the Service. You agree that your Exercise.com account is non-transferable.

Content

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Exercise.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service, and for any consequences thereof. The Content you make available will be able to be viewed by other users of the Service, so you should only make available information or provide Content that you are comfortable sharing with others under these Terms of Service. Exercise.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may unintentionally be exposed to Content that is offensive, indecent or objectionable. Exercise.com does not endorse any Content or any opinion, recommendation, or advice expressed therein, and under no circumstances will Exercise.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You acknowledge that Exercise.com may or may not pre-screen Content, but that Exercise.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move or delete any Content that is available via the Service. Without limiting the foregoing, Exercise.com and its designees shall have the right to remove, at any time and in its sole discretion, any Content that violates the Terms of Service or is otherwise objectionable.

In connection with your Content, you affirm, represent, and/or warrant that (i) you own or have the necessary rights, licenses, consents, and permissions to use and authorize Exercise.com to use all rights in and to any of your Content in the manner contemplated by the Service and these Terms of Service, and (ii) any Content you submit does and will comply with these Terms of Service, including but not limited to the requirements set forth in the Member Conduct section above. Exercise.com does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Exercise.com a worldwide, royalty-free, non-exclusive, perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

Copyright Policy

It is the policy of Exercise.com to terminate your access to the Service if you infringe the copyright rights of others upon receipt of proper notification to Exercise.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Service; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Ownership of the Service

All right, title, and interest in and to the Service (excluding your Content) are and will remain the exclusive property of Exercise.com and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in these Terms of Service gives you a right to use the Exercise.com name or any of the Exercise.com trademarks, logos, domain names, or other distinctive brand features. You may use the Exercise.com name or any of the Exercise.com trademarks, logos, domain names, or other distinctive brand features only in the event that Exercise.com grants you the right to do so in a separate written agreement. Any feedback, comments, or suggestions you may provide regarding Exercise.com or the Service is entirely voluntary and Exercise.com will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Subject to your compliance with the terms and conditions of these Terms of Service, Exercise.com grants you a personal, non-transferable and non-exclusive right and license to access and use the Service and to download and print any Content solely for your personal and non-commercial purposes; provided that you do not (and do not allow any third party to) copy, adapt, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, distribute, license, sell, transfer, assign, sublicense, lease, lend, rent or otherwise distribute to any third party, grant a security interest in, or otherwise transfer any right in the Service, except as expressly permitted in these Terms of Service. You agree not to access the Service by any means other than through the interface that is provided by Exercise.com for use in accessing the Service.

Third Party Websites

The Service may contain links to other third-party websites or resources. Because Exercise.com has no control over such sites and resources, you acknowledge and agree that Exercise.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Exercise.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

DISCLAIMERS

Your use of the Service and Content is at your sole discretion and risk. Exercise.com will not be responsible for any harm to your computer or mobile device, loss of data or other harm that results from your use of the Service. You acknowledge and agree that Exercise.com will not be liable for any damages whatsoever relating to your use or evaluation of the Service. Exercise.com does not make any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the Service; or (ii) that the Service and/or Content will be error-free or that any errors will be corrected.Medical Disclaimer. The Service, Content and other services and information presented by Exercise.com through the Service are for educational purposes only and is in no way intended to diagnose, cure, or treat any medical or other health condition. The Service, including any Content therein, does not constitute medical advice and is not intended to be and should not be used in place of the advice of your physician. Before starting any diet or fitness program through the Service, consult your physician to determine if such program is right for your needs. Do not start a diet or fitness program through the Service if your physician or healthcare provider advises against it. Exercise.com reserves the right to cancel your Account or use of the Service if you inform us (or if we otherwise determine) that you have certain medical conditions. The transmission and receipt of the Service and any Content therein does not constitute or create a doctor-patient, therapist-patient, or other healthcare professional relationship between you and Exercise.com.

The Service and Content, and all materials, information, products and services included therein, are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind. EXERCISE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICE AND CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. No advice or information, whether oral or written, obtained by you from Exercise.com, will create any warranty not expressly stated in these Terms of Service.

Indemnity

You agree to indemnify and hold Exercise.com and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXERCISE.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EXERCISE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITAITON, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT EXERCISE.COM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

General Information

The Terms of Service, the Privacy Policy, and the Basic Site Rules are the entire agreement between you and Exercise.com and govern your use of the Service, superseding any prior agreements between you and Exercise.com with respect to the Service. We may revise these Terms of Service from time to time, and we will try to provide at least 30 days notice prior to any new terms taking effect. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms of Service. The Terms of Service and the relationship between you and Exercise.com shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Exercise.com agree to submit to the personal and exclusive jurisdiction of the courts located within the State of California. The failure of Exercise.com to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. 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 the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose.

If you have any questions regarding the above policies please contact us.

Effective: June 1, 2010

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