ACCEPTANCE OF TERMS
By visiting a STAR FITCLUB studio you hereby grant us an absolute and irrevocable right, license and unrestricted permission to use photographs or video taken of your image and likeness, and to use, re-use, publish and re-publish the same in whole or in part, individually or in conjunction with other photographs and any printed or video matter, in any and all media now or hereafter known, and for any purpose whatsoever allowed by law for illustration, promotion, art, editorial, advertising and trade, or any other purpose whatsoever without restriction as to alteration.
GENERAL STATEMENT ON PRIVACY, PERSONAL DATA, AND COMMUNICATIONS
We will always respect your privacy. Sometimes, we may ask you for personal information like name, phone number, address, email address, etc. so that we can better serve you and offer you discounts and promotions. If you use the STAR FITCLUB Platforms, you are responsible for maintaining the confidentiality of your account, password, and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account and password.
THE INFORMATION WE COLLECT
We receive, collect and store any information you enter on the STAR FITCLUB Platforms, or give us in any other way such as names, postal addresses, email addresses, credit card information etc., when voluntarily submitted by users of (and visitors to) the STAR FITCLUB Platforms. The information you provide is used to fulfill your specific request, to improve the experience on the STAR FITCLUB site, to ensure a successful experience at a STAR FITCLUB, and to adhere to the Terms and Conditions you accept when you make a purchase on the STAR FITCLUB Platforms. From time-to-time on the STAR FITCLUB Platforms, you may be able to order services, products, enter contests, vote in polls or otherwise express an opinion or subscribe to one of our services. The types of personally identifiable information that may be collected, when voluntarily submitted by users of (and visitors to) our STAR FITCLUB Platforms include: name, address, e-mail address, telephone number, fax number, credit card information, and information about your interests in and use of various products, programs, and services. In certain circumstances on the STAR FITCLUB Platforms, only persons who provide us with the requested personally identifiable information will be able to order products, programs, and services or otherwise participate in the site’s activities and offerings. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We also may collect and log certain non-personally identifiable information when you visit many of our web pages such as the type of browser you are using (e.g., Google Chrome, Internet Explorer), the type of operating system you are using, (e.g., Windows 8.1 or Mac OS X) and the domain name of your Internet service provider (e.g., Comcast, Spectrum). This data is used to manage the Website, track usage and improve our services. This non-personally-identifiable information may be shared with third parties to provide more relevant services and advertisements to users. User IP addresses are recorded for security and monitoring purposes. We may also record information about your usage, such as the time and frequency of your usage of the Website. If you are logged in, we may associate that information with your account. We may use clear GIFs or web beacons in HTML-based emails sent to our users to track which emails are opened by recipients. We may also use your email address to send updates, newsletters or other news regarding STAR FITCLUB. Users may choose not to receive email of these types by following opt-out instructions contained in such emails or by changing their notification settings under the “My Account” section of the STAR FITCLUB website. STAR FITCLUB reserves the right to send you important notices about your account even if you opt out of all voluntary email notifications.
HOW WE USE THE INFORMATION
Information about our customers is an important part of our business, and we are not in the business of selling it to others. We share customer information only as described below. We may use the information you provide about yourself to fulfill your requests for our products, programs, and services, to respond to your inquiries about our offerings, to offer you other products, programs or services that we believe may be of interest to you and to notify you if you win one of our contests. We may share information you provide about yourself with our trusted partners, affiliates, parents, subsidiaries and franchisees (collectively our “Business Partners”) in order to communicate special promotions or offers. We might also tell you about new features or products. These might be our own offers or products, or third-party offers or products we think you might find interesting. We may share information with third parties who perform services on our behalf. For example, we share information with vendors who help us manage our online registration process or who assist us in providing the Services. Some vendors may be located outside of the United States. We may share information with any successor to all or part of our business. For example, if part of our business is sold we may give our customer list as part of that transaction. We may share information with our Business Partners. For example, if we are working with a third party and running a joint promotion, and we may share information for other reasons we may describe to you.
USE OF NON-PERSONALLY IDENTIFIABLE INFORMATION
COLLECTION OF INFORMATION BY THIRD-PARTY SITES, OFFERINGS AND SPONSORS
Our Site may contain links to other sites whose information practices may be different than ours. Visitors should consult the other sites’ privacy policies as we have no control over information that is submitted to, or collected by, these third parties.
The STAR FITCLUB Platforms not intended for use by children under the age of 13. STAR FITCLUB does not knowingly request or collect personal information from children under the age of 13. If you are under 13, please DO NOT attempt to register on the STAR FITCLUB Platforms or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to or on our website. In the event that we learn that any personal information has been submitted to the website from a child under age 13, we will delete that information as quickly as reasonably possible. If you believe that we might have any information from or about a child under age 13, please contact us at info@STAR FITCLUB.com. CHILDREN BETWEEN THE AGES OF 13 AND 18 If you are between the ages of 13 and 18, you may register on our website only with the involvement and permission of a parent or guardian.
OUR COMMITMENT TO SECURITY
STAR FITCLUB staff may not provide technical assistance and no guarantee can be provided that you will be able to make a wireless connection.
All users of STAR FITCLUB network must abide by the Internet Acceptable Use Policy:
• In offering Internet access, STAR FITCLUB cannot guarantee that information found through the Internet is accurate, authoritative, or factual. We cannot be held accountable for its content.
• Supervision or restriction of a minor’s (under age of 18) access to the Internet is the responsibility of the parent or legal guardian.
• The Internet must be used for legal purposes only. Your use of this Service shall not violate any applicable law or regulation or the rights of STAR FITCLUB, or any third party Unacceptable purposes may include but are not limited to the following:
1 Unauthorized downloading or copying of copyright protected material.
2 Violation of computer security.
3 Violation of software license agreements
4 Viewing of obscene, pornographic, or otherwise inappropriate material.
5 Spamming and invasion of privacy of others, violating intellectual property law, transmitting obscene or indecent speech or materials, transmitting defamatory or abusive language, hacking or distribution of internet viruses, worms, trojan horses, or other destructive activities.
• Misuse or abuse of Internet access may result in suspension of Internet and or the Services, as well as termination of your membership with STAR FITCLUB.
HOW TO STOP GETTING FUTURE EMAILS FROM US
If you no longer want to receive emails, please let us know. You can opt out/unsubscribe from receiving information at any time using the “unsubscribe from this list” or “update subscription preferences” link provided at the bottom of any email you receive from us, or by emailing info@STARFITCLUB.com
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
In no event will STAR FITCLUB be liable for any direct, indirect, special, or other consequential damages resulting from your use of the STAR FITCLUB Platforms, the Services, or on any other linked/third-party website, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling systems or otherwise, including any claims waived by you previously in this agreement even if STAR FITCLUB expressly advised of the possibility of such damage. All information is provided by STAR FITCLUB on an “as is” basis only. STAR FITCLUB provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement. You acknowledge (i) that the Service may be interrupted or encounter errors; (ii) that viruses or other harmful applications may be available through the Service; (iii) that STAR FITCLUB does not guarantee the security of the Service and that unauthorized third parties may access your computer or files or otherwise monitor your connection.
THE STAR FITCLUB PLATFORMS, SERVICES AND ANY PRODUCTS OR SERVICES PROVIDED ON OR IN CONNECTION THEREWITH ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE CONTENT OR SERVICE AND THE OPERATION, CAPACITY, SPEED, FUNCTIONALITY, QUALIFICATIONS, OR CAPABILITIES OF THE SERVICES, GOODS OR PERSONNEL RESOURCES PROVIDED HEREUNDER, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY STAR FITCLUB, OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, IN WHICH CASE, LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. UNDER NO CIRCUMSTANCES WILL STAR FITCLUB, ITS PARTNERS OR AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES BE LIABLE FOR CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS OF CUSTOMER, ITS APPOINTEES OR ITS OR THEIR CUSTOMERS (INCLUDING, BUT NOT LIMITED TO, UNAUTHORIZED ACCESS, DAMAGE, OR THEFT OF YOUR SYSTEM OR DATA, CLAIMS FOR LOSS OF GOODWILL, CLAIMS FOR LOSS OF DATA, USE OF OR RELIANCE ON THE SERVICE, STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS, OR DAMAGE CAUSED TO EQUIPMENT OR PROGRAMS FROM ANY VIRUS OR OTHER HARMFUL APPLICATION), ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. IN NO EVENT WILL THE AGGREGATE LIABILITY THAT STAR FITCLUB OR ITS OFFICERS, DIRECTORS, EMPLOYEES OR VOLUNTEERS MAY INCUR IN ANY ACTION OR PROCEEDING EXCEED. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SET FORTH IN THIS SECTION WILL NOT APPLY ONLY IF AND TO THE EXTENT THAT THE LAW OR A COURT OF COMPETENT JURISDICTION REQUIRES LIABILITY UNDER APPLICABLE LAW BEYOND AND DESPITE THESE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS. CHOICE OF LAW
The STAR FITCLUB Platforms, Services, and your use hereof, is governed by the laws of the State of Illinois, without regard to Illinois’ choice of law provisions. Any claim arising out of your use of the STAR FITCLUB Platforms, or Services must be brought in the state or federal courts in New Jersey.
HOW TO CONTACT US
Copyright 2018 STAR FITCLUB, LLC. ALL RIGHTS RESERVED.