Acceptance Of Terms
Information We Collect From You
The following are types of information we collect from you: your name, billing address, shipping address, payment information (including credit card numbers, email address, phone number, username and password).
By using Fleischer Tour Fit and supplying any information to us, you authorize us to use, store and otherwise process any personal information which relates to and identifies you, including (but not limited to) your name and address, to the extent reasonably necessary to provide you with access to exercise video, images, and instructions or otherwise interact with our Site.
Information Collected By Automated Means
We collect Automated Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.
Web browsers may offer users of our websites the ability to disable receiving certain types of cookies; however, if cookies are disabled, some features or functionality of our websites may not function correctly. The “help” menu on most internet browsers contains information on how to disable cookies, or you can visit www.aboutcookies.org/how-to-control-cookies/.
This Automated Information is generally used for the following purposes:
- For the technical provision of our services in order to be able to provide you with functioning user-friendly experience
- To provide you with a secure experience and to take measures to protect the Site members from cyber risks
- To uncover insights about your use of the Site in order to improve our services and features
- To facilitate your access to the Site
- To help us better understand our current and potential customers
- Monitoring and analyzing the effectiveness of our communications (including by identifying when emails sent to you have been received and read)
In addition to the purposes described above, we may use the information we collect for a variety of purposes, such as the following:
- Performing Our Services
- Maintaining or servicing accounts, verifying user information, processing payments
- Communicating about the products and services we offer, and responding to requests, inquiries, comments, and suggestions
- Understanding and evaluating how our services and features perform with our users
- To provide you with a secure experience and to take measures to protect our website and mobile applications from cyber risks
- Understanding our customer in order to more effectively market our Services
- We use your email (with your consent where required) to send you information about our services and exclusive offers
How We May Share Information about You with Others
Customer Support: When you contact us through our one of our support channels, your email may be directed through our third party customer support platform which will have access to your email, the content of your email as well as date and time your request.
Credit Card Processing: We contract with the Credit Card Processor Stripe to process all credit card information on our Site. The Credit Card Processor only has access to information that we collect as necessary to perform its functions and to the extent permitted by law. The Credit Card Processor complies with the Payment Card Industry Data Security Standards.
Compliance: We may also share your information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights
Do Not Track Disclosures
Some web browsers may transmit "do-not-track" signals to the websites with which the user communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they are aware of them. Our Site do not currently process or respond to "do-not-track" (DNT) settings in your web browser.
We maintain a presence on several social networking and blogging platforms, such as Facebook, Instagram, Google, LinkedIn and Twitter. If you choose to communicate with us or another user through our social media pages, or other similar communication or messaging features or services, such information may be made publicly available. For security purposes, please do not include any password, social security number, payment card or other sensitive information via these features. We may (but are not obligated to) remove any content we deem to be inappropriate.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you purchase a membership through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
If you receive commercial email from us, you may unsubscribe at any time by following the instructions contained within the email. Please be aware that if you opt-out of receiving emails from us, it may take up to ten business days for us to process your request, and you may receive promotional communications from us that you have opted-out from during that period.
How We Protect Personal Information
We use various efforts intended to safeguard the security of personal information collected through our Site. Despite these measures, however, we do not guarantee that information will be absolutely safe from interception or intrusion during transmission or while stored on our system, or otherwise, and you provide information to us at your own risk. If you correspond with us by email or by using web forms like a “get in touch” feature on our Site, you should be aware that your transmission might not be secure from access by unauthorized parties. We have no liability for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission. If you create an account as part of using our Site, you are responsible for maintaining the confidentiality of your account password and for any activity that occurs under your account. Please notify us of any unauthorized use of your password or account.
The Site is not intended for individuals under the age of 18.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at email@example.com.
Use of the Site is for personal, non-commercial use only. You may not use the Service in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services; or (ii) for commercial purposes. Users of the Site may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Site for any purpose unless expressly authorized by Fleischer Tour Fit.
You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account and you must safeguard the confidentiality of your password.
Fleischer Tour Fit may change, modify, add, remove, suspend, cancel or discontinue any aspect of its subscriptions including the functionality, content, and/or availability of any features of such subscriptions at any time.
Safety Warnings & Medical Disclaimer
Fleischer Tour Fit offers health and fitness information and is designed for educational and entertainment purposes only. You should consult your general practitioner or physician before beginning any new fitness program. Fleischer Tour Fit is not a substitute for, nor does it replace, professional medical advice, diagnosis or treatment. The use of information and exercises provided through Fleischer Tour Fit is at your own risk and is not medical or healthcare advice.
Check with your physician or general practitioner prior to starting any exercise routine.
In becoming a member of Fleischer Tour Fit, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past several months; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise or, if applicable engage in intermittent fasting, including without limitation pregnancy; or (B) your physician has specifically approved of your use of the Fleischer Tour Fit.
You understand that any exercise program is a potentially hazardous activity involving certain risks of injury, including, but not limited to, abnormal changes in blood pressure; fainting; unintended loss of balance; a heart attack; stroke; serious neck and spinal injuries; injuries to bones, joints and muscles; other serious disability; or death. You agree to expressly assume and accept any and all risks of injury, regardless of severity, or death, that result due to your use of the Site. You understand that Fleischer Tour Fit will NOT be responsible for any medical costs associated with any injury you may sustain.You agree to forever waive, release, discharge, and hold harmless Fleischer Tour Fit, its affiliates, and their agents, heirs, assigns, contractors, and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with your participation in any exercise, stretch or program offered, explained, contained in or otherwise disclosed on the Site.
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING THIS OR ANY OTHER EXERCISE PROGRAM. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE, HEART DISEASE OR OTHER MEDICAL CONDITIONS THAT MAY BE IMPACTED BY NEW EXERCISE, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING. NOTHING STATED OR POSTED ON THE FLEISCHER TOUR FIT SITE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL ADVICE OR CARE. YOUR USE OF THE FLEISCHER TOUR FIT SERVICE IS AT YOUR OWN RISK. FLEISCHER TOUR FIT SHALL NOT BE LIABLE FOR ANY LIABILITY, OF ANY KIND, RESULTING FROM THE USE OF THE SITE.
Fleischer Tour Fit expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Fleischer Tour Fit makes no representations or warranties:
- That the Fleischer Tour Fit fitness program is suitable for you;
- Regarding the adequacy or safety of the Site for any particular user;
- That the Site will meet your personal needs;
- That the Site will be uninterrupted or error-free;
- You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Site. Fleischer Tour Fit has no obligation to screen or monitor any content and does not guarantee that any content made available on the Site is suitable for all users. Fleischer Tour Fit shall not be responsible for loss or corruption of data, and hereby waives all claims with respect to damage to your computer system, internet access, download or display device.
Limitation of Liability
To the fullest extent permitted by law: (i) in no event shall Fleischer Tour Fit be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses; and (ii) Fleischer Tour Fit’s total liability to you shall not exceed the amounts paid by you to Fleischer Tour Fit over the twelve (12) months preceding your claim(s). IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO OBTAIN OR ACCESS THE SERVICE, SITE OR APPLICATIONS.
Fees and Payments
You shall pay Fleischer Tour Fit all applicable fees and taxes, including any monthly, annual or other recurring subscription fees. Stripe (our third-party payment processor) shall charge your credit card, bank account, or other approved payment facility that you provide during the registration process for (i) the full payment of the fees and any applicable taxes, and (ii) all recurring subscription fees, as applicable, and you hereby consent to the same. You agree that your subscription will automatically renew for additional and recurring terms equal to the duration of the initial term of the applicable subscription. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current. You must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of Your sign-in name or password). We may charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, You agree to pay all amounts due upon demand. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay.
Updating Billing Information
Log in to your account and scroll to the bottom of the page where you’ll see a section labeled, My Memberships. There you can update your billing information, change your plan or cancel your membership.
Billing occurs at the beginning of the membership cycle and provides access for one month thereafter, or one year thereafter, depending on the membership plan you purchase. By purchasing a membership, you acknowledge that your membership has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your membership.
While Fleischer Tour Fit does not offer refunds for annual memberships, you can cancel monthly membership at any time. After you’ve cancelled, you’ll continue to have access to Fleischer Tour Fit until the end of your current billing cycle, but will not be charged moving forward. To cancel, log in and go to My Account. Under Member Settings click View Account Information. There you can update billing information, change your plan or cancel your membership.
Please note that there are no refunds for annual memberships.
You agree to indemnify, defend, and hold harmless Fleischer Tour Fit and its affiliates, directors, officers, employees, and agents, from and against any liability, claims, damages, losses and costs (including reasonable attorney's fees) that: (i) arise from your activities on Fleischer Tour Fit; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Fleischer Tour Fit violates any law or infringes any personal right or third party right, including any intellectual property or privacy right.
License To Use Fleischer Tour Fit
Fleischer Tour Fit grants you a limited, non-exclusive license to access and use the Site for your own personal, non-commercial purposes. This license is personal to you and may not be assigned or sub-licensed to anyone else.
Except as expressly permitted by Fleischer Tour Fit in writing, you will not reproduce, redistribute, publicly display, sell or create derivative works from the Site. Nor will you take any measures to interfere with or damage the Site.
You acknowledge that the Fleischer Tour Fit Site contains software, graphics, photos, videos, know-how, product ideas, comments and other material (collectively, "Content") that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Fleischer Tour Fit content is copyrighted individually and/or as a collective work under the U.S. copyright laws. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to access and use the Services, you may download one copy of the application (but never the Content) to any single computer or device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with this Agreement. Unless otherwise specified, modification of the Content or use of the Content for any other purpose, including use of any such Content on any other website or networked computer environment is strictly prohibited. The Fleischer Tour Fit name, logo and affiliated applications and technologies are the exclusive property of Fleischer Tour Fit.
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Site shall be binding arbitration administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Fleischer Tour Fit in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against Fleischer Tour Fit or its affiliates any class action, class arbitration, or other representative action or proceeding.
By using the Site or the Service in any manner, you agree to the above arbitration agreement. In doing so, you give up your right to go to court to assert or defend any claims between you and Fleischer Tour Fit (except for matters that may be taken to small- claims court). You also give up your right to participate in a class action or other class proceeding. Your rights will be determined by an arbitrator, not a judge or jury.
Choice of Law and Venue:
This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of California including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. Any arbitration or action brought by any party hereto shall be brought within the State of California, County of San Francisco.