Welcome to Virtual Fitness Coach. This web application ('Application') is served, operated and maintained by Virtual Fitness Coach, Inc. and brought to you courtesy of either Virtual Fitness Coach, Inc., your employer, health club or other organizations ('the Provider').
Please note that this User Agreement governs only the practices of Virtual Fitness Coach, Inc. This User Agreement only pertains to your use of the Application. Wherever you see the Virtual Fitness Coach logo on the screen, you are within the Application.
By registering for use of the Application, you certify that you have received consent from your physician to participate in the programs, workouts, and exercises to be provided by the Application. In addition, you agree to the following terms and conditions. The terms and conditions of this Agreement may be amended or modified at any time. This User Agreement, including any amendments or modifications will be accessible from the Application. Your continued usage after such changes are posted constitutes acceptance of each revised provision of the Agreement.
If you register for the Virtual Fitness Coach Program the credit card provided at purchase will be charged the specified amount(s) for the membership selected.
The provided credit card will be charged $9.95 for the first month of membership at the time of registration.
After the first month billing cycle, the credit card will be automatically charged $9.95 on the date of each month you first registered on, or the following day if you registered on a date not in the current month. You will be charged each month until you cancel your membership. You may cancel your membership any time by emailing email@example.com and your membership will be set to cancel at the end of the then effective month billing cycle.
MEMBERSHIP IS NONREFUNDABLE unless cancellation is made within 2 weeks of purchase and it is confirmed by the Provider. In which case the credit card used at purchase will be refunded the full amount of purchase.
Protecting your privacy is very important to Virtual Fitness Coach, Inc. Virtual Fitness Coach is designed to personally tailor your interactive fitness and training experience to your interests, goals, and fitness level. In order to do this, we collect certain information about you through a Fitness Profile and from your use of the Application. When you use the Application, we want you to be secure with our policy on privacy because we realize that personal information regarding your health, fitness and training background is a very sensitive and confidential matter.
Use of Information
Virtual Fitness Coach, Inc., collects three (3) types of information from users through use of the Application:
1. "Demographic Information". Demographic Information is the basic user data (name, e-mail, birth date, ZIP or postal code, etc.) collected and stored by Virtual Fitness Coach, Inc., and transferred to the Provider (if not Virtual Fitness Coach, Inc.)
2. "Fitness Profile". You generate a Fitness Profile the first time you use the Application. It contains information about your fitness level, schedule, equipment, and other important variables.
3. "Fitness Training Data". Fitness Training Data is the information and training records gathered over time from your use of the Application.
The following section covers use of specific user information by Virtual Fitness Coach, Inc.:
2. Anonymous Use of Demographic Information. Demographic Information is shared with affiliates, partners and advertisers on an aggregate, or collective, basis WITHOUT SHARING YOUR USER NAME OR CONTACT INFORMATION.
3. Use of Fitness Profile and Fitness Training Data. Virtual Fitness Coach, Inc. stores and maintains all Fitness Profile and Fitness Training Data collected by the Application. Virtual Fitness Coach, Inc. reserves the right to use the data collected to aid in research and development of the Application. We reserve the right to the use of the data in an anonymous format in any way we deem responsible and correct (whether it be the sale, publishing, or any other use). Virtual Fitness Coach, Inc. also reserves the right to do as we see fit with findings based on the data collected. If you cancel your registration to the Application, your Fitness Profile and Fitness Training Data are maintained in a strictly anonymous fashion. We reserve the right to the Fitness Profile and Fitness Training Data and to the continued use of that data. Fitness Profile and Fitness Training Data are the property of Virtual Fitness Coach, Inc.
4. Online Surveys. From time-to-time, you may find online surveys within the Application. Our online surveys may ask users or visitors for demographic information (like zip code or age). We may use data from our surveys to send information about our company and (with your permission) promotional material from some of our affiliates, partners, sponsors and advertisers.
5. Use of IP Addresses. An IP (Internet Protocol) address is your computer's Internet address. We use your IP address to help diagnose problems with our server, and to administer the Application. Your IP address is used to help identify you and to gather broad demographic and geographic information.
7. Message Boards and Other Public Forums. Because our goal is to foster and cultivate an informed fitness community, we may offer the use of Message Boards and other Public Forums within the Application. Since these are public areas, any information you may disclose becomes public information. Please remember this, and use extreme care when disclosing your personal information. Virtual Fitness Coach, Inc. is not responsible or liable for the uses that others may make of information you provide on the Message Boards and the other Public Forums.
8. Links to Other Sites. The Application contains links to other sites. Our advertisers, Providers and/or affiliates may place cookies on your hard drive either directly or when you use a link provided within the Application. We cannot directly control what these cookies do or what our advertisers, Providers and/or affiliates do. Virtual Fitness Coach, Inc. is not responsible for the privacy practices or the content of such Web sites. Our privacy practices may be different than those on other sites. Please make sure you familiarize yourself with the privacy practices of third party web sites before disclosing personal information to them. Any use of these third party web sites is at your own risk.
10. Use of Navigation Paths. We track everything a user does within the Application. The type of information we collect includes (but is not limited to) where a user goes within the Application, how long a user is using the Application, and what links a user chooses. We do this by recording Navigation Paths. For example, we may track the number of people who view each page to learn which features are the most popular. By collecting data in this way, we can generate anonymous reports based on a user's Navigation Path that can tell a Provider or sponsor what users are doing within the Application and then can be used by our sponsors and Providers for marketing purposes. The data collected will also be incorporated into a user profile that helps Virtual Fitness Coach, Inc. personalize and enhance your online experience.
11. Joint Registration. In some cases, registration for the Application is carried out through a joint registration process with the Provider. In this case, you should understand that your membership with the Provider is regulated entirely by the user agreement of the Provider. In a joint registration process, Demographic Information and/or Subscription Information is collected by Virtual Fitness Coach, Inc. and transferred subsequently to the Provider. In all cases, terminating membership with the Provider will result in the loss of your access to the Application.
While we strive to protect your personal information, we cannot ensure or warrant the security of any information that you transmit to us or that you transmit from the Application, and you do so at your own risk. Once we receive your transmission, we take all reasonable efforts to ensure its security on our systems. Sometimes user data is not retrievable or is lost or damaged. In these instances, we will try to retrieve or restore the data, but we cannot be held liable for data that is lost or damaged, not retrievable, altered or misused.
You must be 18 years or older to purchase any product or service offered on or through the Website. Virtual Fitness Coach is not directed to children under the age of 18 and makes its best efforts to prohibit registration by children under the age of 18. We will not knowingly collect personally identifiable information from children under the age of 18.
If a child identifies himself/herself through the registration process to be under the age of 18, Virtual Fitness Coach, Inc. will not knowingly allow the child to register for the Application or to have access to the Application. CHILDREN UNDER THE AGE OF 18 ARE NOT PERMITTED TO USE THIS WEBSITE.
E-mail Communication to Users
Virtual Fitness Coach, Inc. does not believe in SPAM (junk e-mail). We send different types of communication to our users including but not limited to:
1. Personalized feedback and motivational messages.
2. General newsletters.
3. Special Offers.
Please note that cancelling your subscription to the Application does not automatically remove you from our communication list. To remove yourself from the communication list please email firstname.lastname@example.org.
Disclosure of Information in Certain Circumstances
Virtual Fitness Coach, Inc. may disclose a user's personal information in the following restricted cases:
1. Disclosure is required by law;
2. Violation of the User Agreement by a user;
3. Violation of the law by a user;
4. Disclosure is essential for the continued operation of the Application or our services.
From time to time, Virtual Fitness Coach, Inc. may send information about its services to the mailing addresses of users. Your mailing address or any updates to it may be released to organizations to which you already have voluntarily provided Demographic Information and who are Virtual Fitness Coach, Inc. Providers. We allow Provider organizations to download mailing addresses in order to contact members or subscribers; however, an organization has access only to its own member or subscriber list.
Contacting Virtual Fitness Coach, Inc.
Virtual Fitness Coach, Inc. requires that you consult with your physician before following any training instructions you receive through the Application or participating in any event announced through the Application. Virtual Fitness Coach, Inc. is not a licensed medical care Provider and represents that it has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. The Application is not a prescription system and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury or death. Not all exercises are suitable for everyone. If you feel discomfort or pain, do not continue.
You should never disregard medical advice or delay in seeking it because of something you see or read in the Application. We are not responsible for any health problems that may result from training programs, products, or events you learn about through the Application. If you engage in any exercise program you receive through the Application, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge Virtual Fitness Coach, Inc. from any and all claims or causes of action, known or unknown, arising out of Virtual Fitness Coach, Inc.’s negligence. You agree to indemnify and hold harmless Virtual Fitness Coach, Inc. for any loss, liability, claim, damage, and expenses (including reasonable attorneys' fees) arising from or in connection with your use of the information or services you receive through the Application.
In consideration of gaining membership to the licensed material provided by Virtual Fitness Coach, Inc, and participating in activities to improve your current health situation that are suggested by coaches of the Virtual Fitness Coach program, you do waive, release and forever discharge Virtual Fitness Coach, Inc, and its officers, advisory board, licensors, agents, employees, representatives, executors and all other suppliers from any and all responsibilities and liability for injuries or damages resulting from your use of licensed materials including, without limitation, any advice, suggestions, or information provided by Virtual Fitness Coach, Inc., its officers, advisory board, licensors, agents, employees, representatives, executors and all other suppliers. You understand and are aware that health changes can alter your life and that you are voluntarily participating in these activities with knowledge of the risks involved. You hereby agree to expressly assume and accept any and all responsibility for your activities associated with or arising out of your membership in the Virtual Fitness Coach program and/or your use of licensed material. You hereby further declare yourself to be physically and mentally sound and suffering from no condition, impairment, disease or infirmity or other illness that would prevent your participation in any programs or activities suggested by the coach. You assume all responsibility for your participation in any programs or activities recommended by the coach. You understand the risks of your participation in fitness altering activities that may be suggested, and you voluntarily choose to participate, assuming all risks due to your participation, whether such risks are known or unknown.
While exercise programs do purvey many benefits upon the participants there are, as with many activities, some risks involved. These include but are not limited to muscular strain, skeletal dysfunction, cardio vascular dysfunction, heart attacks and even death.
YOU MUST STOP ANY SESSION AT ANY TIME YOU FEEL UNWELL OR EXPERIENCE ANY PAIN AND INFORM YOUR PHYSICIAN AND COACH BEFORE CONTINUING WITH ANY FURTHER EXCERISE PROGRAM.
Please ask your coach any questions you may have regarding your exercise program or specific activities.
Your participation in your exercise program is voluntary and you are free to discontinue at any time.
Your use of any Message Boards or Public Forums available via the Application is at your own risk. You are responsible for any information you disclose on these Message Boards or Public Forums and we cannot be held responsible or liable for the consequences of any use of these Message Boards or Public Forums.
We cannot be held responsible and cannot be held liable for data that is lost or damaged, not retrievable, altered or misused. We also cannot be held responsible and cannot be held liable for information that is lost or damaged, not retrievable, altered or misused by third parties.
PLEASE NOTE: Virtual Fitness Coach, Inc. reserves the right to refuse registration or membership at our discretion.
Member records and procedures
1. Expulsion. The management may expel a member. If such expulsion is for violation of these terms and conditions or rules, or for any other conduct deemed detrimental to the general welfare of Virtual Fitness Coach, Inc., its employees, contractors, customers, or designees. The member's paid monthly fees shall be forfeited.
2. Fees adjustment. It is our intent to keep the monthly fees at the lowest possible level. Due to increases in costs of goods and services, the management at anytime may adjust the monthly fees.
3. Costs. Member is responsible for all charges associated with connecting to the Virtual Fitness Coach website, including without limitation, all telephone access lines and telephone and computer equipment necessary to access the licensed material.
4. Member conduct. All members are required to conduct themselves in a manner that is not offensive or harassing to the membership of Virtual Fitness Coach or the staff/designees of the Provider. Inappropriate language and/or behavior by a member will result in suspension or expulsion. Management has the right to determine what is and is not grounds for termination.
5. Hours of operation. The Virtual Fitness Coach program is delivered on a website that is available 24 hours a day, 7 days a week. Notwithstanding the foregoing, there may be brief periods where the website is down for routine maintenance or to correct technical difficulties. Operational hours may be subject to change at any time by the management.
6. Security. All information shared online between a member and their coach is confidential with the following limitation: coaches may share information regarding a member with management for supervision purposes. Virtual Fitness Coach is not responsible in the event that a member chooses to share his/her confidential information with outside parties.
7. Passwords. Member agrees to assume sole responsibility for security of password(s) issued to each member. Unless expressly approved in writing by Provider in advance, a password is valid for use online in the country in which it is issued. If member believes that someone other than an authorized member is using any password, member must notify their Provider in writing immediately.
8. Amendments. Amendments to these terms and conditions may be made from time to time by management. Amendments to these terms and conditions will be posted at the www.virtualfitnesscoach.com website and will be effective when posted. Your continued use of this website following the posting of any amendment modification or change shall constitute your acceptance thereof.
Ownership; license grant; limitations on use
1.Ownership. You acknowledge that Virtual Fitness Coach, Inc., its affiliates, and/or its licensors have exclusive ownership in and to the intellectual property, trademarks, and licensed material contained in the Coaching Software only.
2. License grant. Subject to the terms and conditions in this agreement, Virtual Fitness Coach, Inc. hereby grants to you a revocable, nonexclusive, non-transferable, limited license, with no right to sublicense to (i.) Access and use licensed material from Virtual Fitness Coach, Inc.'s servers for personal use only and not for commercial exploitation; and (ii.) Electronically display, obtain a printout, download, and copy of licensed material for personal use only and not for commercial exploitation.
3. Limitations. A. You may not remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the licensed material. B. You may not reverse engineer, reverse assemble, decompile, or disassemble the licensed material or any part thereof. You may not copy, modify, distribute, translate, publish, display, disclose, rent, lease, loan, or create derivative works based on licensed material or any part thereof. C. No service bureau work or time-sharing arrangement is permitted.
4. Definitions. A. "Intellectual property" shall mean any and all patents, trade secrets, copyrights, trademarks, moral rights, know-how, inventions, processes, algorithms related to licensed material. B. "Licensed material" shall mean all files and data that support the same, and content and information made available through Virtual Fitness Coach, Inc.’s servers and/or software.
The Application and the e-mail messages you receive through use of the Application contain copyrighted material. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Virtual Fitness Coach, Inc. owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content Provider owns the copyright in content original to it. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content available on or through the Application, except as otherwise expressly permitted under copyright law or with the express permission of Virtual Fitness Coach, Inc. and the copyright owner.
Goods and Services Advertised or Provided
In some cases, we offer merchandise from our sponsors and partners through the Application. The information you supply to affect any purchase or transaction will be passed on from the Application to the supplier or retailer filling the order. The information we will pass on to the supplier or retailer processing or fulfilling your order will be what is needed to process the order and may include (but is not limited to) your name, address, phone number, and credit card information. The privacy policies of these other affiliates, sponsors or partners may differ from those of Virtual Fitness Coach, Inc. You should familiarize yourself with the other affiliates, sponsors or partners’ policies regarding privacy before providing personal information.
Virtual Fitness Coach, Inc. is not responsible for any representations, warranties, terms, conditions, payment, or delivery of any goods or services sold or advertised through its affiliates, sponsors or partners. Certain retail transactions may appear to be processed by Virtual Fitness Coach, Inc., but are actually being processed and passed to e-commerce affiliates. The particular e-commerce affiliate, sponsor or partner will show up on the page where the products are pictured within the Application, and that affiliate, sponsor or partner will process the transaction. We are not processing or fulfilling the order.
We assume users of the Application will act responsibly and use the tools provided by Virtual Fitness Coach, Inc. in a law-abiding manner. If Virtual Fitness Coach, Inc. determines that any user is not using the Application responsibly, we can censor, edit or block transmissions or use of the Application.
Limitation of Liability
Virtual Fitness Coach, Inc. and our affiliates, sponsors and Providers are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to the Application, related services and/or content, or information contained within the Application. Your sole remedy for dissatisfaction with the Application and/or related services is to stop using the Application and/or those services.
You agree to defend, indemnify, and hold Virtual Fitness Coach, Inc., its officers, directors, employees, Providers agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of the terms and conditions of this User Agreement.
The Website is created and controlled by Virtual Fitness Coach, Inc. in the State of South Carolina. As such, the laws of the State of South Carolina will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. Virtual Fitness Coach, Inc. reserves the right to make changes to its Website and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the jurisdiction of the State of South Carolina for any litigation arising out of or relating to use of or purchase made through the Website (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the South Carolina courts and agrees not to plead or claim in any South Carolina court that such litigation brought therein has been brought in an inconvenient forum.