FITNESS EXCELLENCE^®, LLC is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Statement of Privacy applies to the FITNESS EXCELLENCE^®, LLC Web site and governs data collection and usage. By using the FITNESS EXCELLENCE^®, LLC Web site, you consent to the data practices described in this statement.
Protecting your privacy is very important to FITNESS EXCELLENCE^®, LLC. At FITNESS EXCELLENCE^®, LLC, our goal is 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 from your use of our web site. When you use our web site, 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.

Likewise while information maintained with us is believed to be secure, no guarantee of safekeeping or security is made and you agree that so long as we maintain reasonable steps to maintain security that we shall have not responsibility or liability for the actions or malfeasance of any third party if the information is lost or stolen.

The statement below outlines our privacy program. It is a work in progress. From time to time, as we expand our services, we will update our privacy policy but the underlying goal of protecting our members’ privacy will remain. We also welcome your continuous input into these guidelines. Please e-mail your feedback to us at: info@FitnessExcellence.com.

FITNESS EXCELLENCE^®, LLC has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses our information gathering and dissemination practices for this web site: FITNESS EXCELLENCE^®, LLC.

1. Opt-in. You have the opportunity to elect to receive newsletters, marketing materials, promotions and other communications from FITNESS EXCELLENCE^®, LLC, our affiliates, our sponsors, and our partners. Opt-in is the default option.

2. Opt-out. You also have the opportunity to opt-out of allowing FITNESS EXCELLENCE^®, LLC to use data collected about you from your use of our web to aid us in our research and development and in the targeting of products and advertisement within the FITNESS EXCELLENCE^®, LLC website. The targeting of products and advertisement will be based upon your user profile.

If you want to change your account information at any time to stop receiving future communications, discontinue our service, or deactivate your account, you can: Send an e-mail to info@FitnessExcellence.com. (Note: this may take up to two business days to process, and must be confirmed by responding to our e-mailed request for a confirmation).

Please note that you may deactivate your account, but you will still be liable for payment of the entire subscription. Registration and user data is the property of FITNESS EXCELLENCE^®, LLC.

Correct/Update:

To change and modify information you previously provided, please e-mail us at info@FitnessExcellence.com.

Collection of your Personal Information

FITNESS EXCELLENCE^®, LLC collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number. FITNESS EXCELLENCE^®, LLC also collects anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites.

There is also information about your computer hardware and software that is automatically collected by FITNESS EXCELLENCE^®, LLC. This information can include your IP address, browser type, domain names, access times and referring Web site addresses. This information is used by FITNESS EXCELLENCE^®, LLC for the operation of the service, to maintain quality of the service, and provide general statistics regarding use of the FITNESS EXCELLENCE^®, LLC Web site.

Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through FITNESS EXCELLENCE^®, LLC public message boards, this information may be collected and used by others. Note: FITNESS EXCELLENCE^®, LLC does not read any of your private online communications.

FITNESS EXCELLENCE^®, LLC encourages you to review the privacy statements of Web sites you choose to link to from FITNESS EXCELLENCE^®, LLC so that you can understand how those Web sites collect, use and share your information. FITNESS EXCELLENCE^®, LLC is not responsible for the privacy statements or other content on Web sites outside of the FITNESS EXCELLENCE^®, LLC and FITNESS EXCELLENCE^®, LLC family of Web sites.

Use of your Personal Information

FITNESS EXCELLENCE^®, LLC collects and uses your personal information to operate the FITNESS EXCELLENCE^®, LLC Web site and deliver the services you have requested. FITNESS EXCELLENCE^®, LLC also uses your personally identifiable information to inform you of other products or services available from FITNESS EXCELLENCE^®, LLC, its Affiliates and selected Partners. “Affiliates” —means a corporation, partnership, Limited Liability Company or other entity that has some common ownership with FITNESS EXCELLENCE^®, LLC. “Partner” —means a corporation, partnership, Limited Liability Company or other entity that has a business relationship with FITNESS EXCELLENCE^®, LLC. FITNESS EXCELLENCE^®, LLC may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

FITNESS EXCELLENCE^®, LLC does not sell, rent or lease its customer lists to third parties but may provide such information to its Affiliates and Partners. FITNESS EXCELLENCE^®, LLC or its Affiliates and Partners may, from time to time, contact you on behalf of external or internal business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party without your permission. In addition, FITNESS EXCELLENCE^®, LLC may share data with Affiliates and trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to FITNESS EXCELLENCE^®, LLC, and they are required to maintain the confidentiality of your information.

FITNESS EXCELLENCE^®, LLC does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.

FITNESS EXCELLENCE^®, LLC keeps track of the Web sites and pages our customers visit within FITNESS EXCELLENCE^®, LLC, in order to determine what FITNESS EXCELLENCE^®, LLC services are the most popular. This data is used to deliver customized content and advertising within FITNESS EXCELLENCE^®, LLC to customers whose behavior indicates that they are interested in a particular subject area.

FITNESS EXCELLENCE^®, LLC will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to (a) conform to the edicts of the law or comply with legal process served on FITNESS EXCELLENCE^®, LLC or the site; (b) protect and defend the rights or property of FITNESS EXCELLENCE^®, LLC ; and (c) act under exigent circumstances to protect the personal safety of users of FITNESS EXCELLENCE^®, LLC products or property, or to protect the public.

Use of Cookies

The FITNESS EXCELLENCE^®, LLC Web site uses “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize FITNESS EXCELLENCE^®, LLC pages, or register with a FITNESS EXCELLENCE^®, LLC site or services, a cookie helps FITNESS EXCELLENCE^®, LLC to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses and so on. When you return to the same FITNESS EXCELLENCE^®, LLC Web site, the information you previously provided can be retrieved, so you can easily use the FITNESS EXCELLENCE^®, LLC features that you customized.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the FITNESS EXCELLENCE^®, LLC services or Web sites you visit.

Security of your Personal Information

FITNESS EXCELLENCE^®, LLC secures your personal information from unauthorized access, use or disclosure. FITNESS EXCELLENCE^®, LLC secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other Web sites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

Changes to this Statement

FITNESS EXCELLENCE^®, LLC will occasionally update this Statement of Privacy to reflect company and customer feedback. FITNESS EXCELLENCE^®, LLC encourages you to periodically review this Statement to be informed as to how FITNESS EXCELLENCE^®, LLC is protecting your information.

Contact Information

FITNESS EXCELLENCE^®, LLC welcomes your comments regarding this Statement of Privacy. If you believe that FITNESS EXCELLENCE^®, LLC has not adhered to this Statement, please contact FITNESS EXCELLENCE^®, LLC at info@fitnessexcellence.com. We will use commercially reasonable efforts to promptly determine and remedy the problem.

Mailing Addresses:

From time to time, FITNESS EXCELLENCE^®, LLC may send information about its services to the mailing addresses of users provided by its FITNESS EXCELLENCE^®, LLC’s partner organizations’ and co-branded affiliates’ memberships. Such partner organizations and co-branded affiliates may supply their members mailing addresses to FITNESS EXCELLENCE^®, LLC.

Outside of FITNESS EXCELLENCE^®, LLC, your mailing address or any updates to it may be released to organizations to whom you already have voluntarily provided personal information and who are FITNESS EXCELLENCE^®, LLC partners or co-branded affiliates. These organizations can include companies that conduct events for which you have registered, athletic organizations or clubs to which you belong, or sports magazines to which you subscribe. We allow partner organizations and co-branded affiliates to download mailing addresses in order to contact members or subscribers, with the following restrictions:

1. An organization has access only to its own member or subscriber list.

2. Mailing addresses will be made available only for members who have not provided an e-mail address.

3. Besides mailing and e-mail addresses, FITNESS EXCELLENCE^®, LLC may pass on detailed information regarding user’s choice of events, interests, navigation paths, and other information collected on our web site.

Contacting the Web Site:

If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact us at info@FitnessExcellence.com.

Protecting Yourself:

You can help to protect your information by safeguarding your FITNESS EXCELLENCE^®, LLC password, using caution and discretion when posting information on public areas of the FITNESS EXCELLENCE^®, LLC Web site, and by learning more about internet privacy from Web sites such as TRUSTe.

Use of Information:

1. Use of IP Addresses. We use your IP address to help diagnose problems with our server, and to administer our Web site. Your IP address is used to help identify you and to gather broad demographic information.

2. Registration Form. Our site’s registration form requires you to give us contact information (like your name and e-mail address). We use this contact information from the registration form to send you information about our company and (with permission) promotional material from some of our partners. This contact information is also used to contact you when necessary. If you participate in interactive activities (online store, message boards, membership program, etc.) on FITNESS EXCELLENCE^®, LLC, you may be asked to register for an ID and password and/or to provide information. Unique identifiers, such as IDs and passwords, are collected to verify your identity and for use as account numbers in our record system. Your contact information may also be used to contact you when necessary for customer service reasons. Financial information that is collected is used only to bill you for products and services that you specifically request. If you wish to opt-out of receiving future mailings, please e-mail us at privacy@FitnessExcellence.com. You must OPT-OUT if you do not wish to get future email from us; you will not be contacted after your registration is complete unless you have selected the checkbox “I want to receive communications from FITNESS EXCELLENCE^®, LLC”.

3. Online Surveys. Our online surveys ask visitors for demographic information (like zip code or age). We use data from our surveys to send visitors information about our company and (with permission) promotional material from some of our affiliates, partners, sponsors and advertisers. Demographic and profile data is also collected at our site. This information is shared with affiliates, partners and advertisers on an aggregate basis. We use this data to tailor our visitor’s experience at our site, showing them content that we think they might be interested in, and displaying the content according to their preferences. We also use this data specifically to target to you retail opportunities provided by our e-commerce affiliates, partners, sponsors, and advertisers. We reserve the right to use the data collected to aid FITNESS EXCELLENCE^®, LLC in research and development of our web site. We reserve the right to the use of the data in any way we deem responsible and correct (whether it be the sale, publishing, or any other use). We reserve the right to do as we see fit with findings based on the data collected.

4. Message Boards and Other Public Forums. Because our goal is to foster and cultivate an informed fitness community, we offer the use of Message Boards and other Public Forums on our site. 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. FITNESS EXCELLENCE^®, LLC 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.

5. Links to Other Sites. This site contains links to other sites. Our advertisers, partners and/or affiliates may place cookies on your hard drive either directly or when you use a link provided by our web site. We cannot directly control what these cookies do or what our advertisers, partners and/or affiliates do. FITNESS EXCELLENCE^®, LLC 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 and any use of these third party web sites is at your own risk.

6. Use of Navigation Paths. We track everything a user does on our web site within our means. The type of information we collect includes (but is not limited to) where a user goes on our site to how long a user is on our web site to what links a user chooses. The data collected will be used to create a personal profile that helps FITNESS EXCELLENCE^®, LLC to personalize and enhance your on-line experience of our web site and may be used to attract and assist sponsors and marketing partners by creating reports to show users navigation through the fitnessexcellence.com website.

Security:

This site has security measures in place to protect the loss, misuse and alteration of the information under our control. All FITNESS EXCELLENCE^®, LLC systems are maintained with the latest revisions of operating systems and software, including security updates. Multiple sources of information about Internet security issues are monitored on a daily basis, and systems are carefully monitored to detect any attempts to compromise security. Access to databases is limited to technical staff who are performing maintenance activities, and support staff assisting a user, and in all cases, is strictly limited to the minimum necessary to perform the assigned task. Technical staff uses secure clients for interactive maintenance sessions to prevent password sniffing. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us or you transmit from our online products or services, 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 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.