Please carefully read the terms and conditions, including our privacy policy before using this website, the Fitness 19 blog, mobile apps, or any of our online services (collectively, the “Services”). By Accessing or using the Services, you (“User”) agree to be legally bound by these terms and conditions. If you disagree with any of the following terms or conditions, please do not use the Services. If you are under the age of 13, please do not attempt to register at Fitness 19 or provide any personal information about yourself to us. If we learn that we have collected personal information from a child under the age of 13, we will promptly delete that information. If you believe we might have any information from a child under the age of 13, contact your local club immediately. Fitness 19 owns and operates the Services. Fitness 19 reserves the right to change any terms or conditions without notice, effective upon their posting. Fitness 19 or its service providers, parents, franchises, affiliates and business associates may impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability; Fitness 19 may also terminate your use of the Services at any time in its sole discretion. TERMS & CONDITIONS OF USE; OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS All text, photographs, images, illustrations, artwork, audio and video clips, design, software, graphic material, trademarks, service marks and trade names, and all intellectual property rights in and to such items (hereinafter “Content”) constitute the sole and exclusive property of Fitness 19, its subsidiaries, franchises, affiliates, licensors, and content providers. The User is granted a personal, non-exclusive, non-assignable and non-transferable license to use the Content for non-commercial and personal, informational use only. The following acts are additionally prohibited without Fitness 19’s prior written approval: copying of the Services or the Content or any portion, variations or derivatives thereof; reproduction, modification, creation of derivative works, display, performance, publication, distribution, dissemination, broadcast or circulation of any Content, in whole or in part (including without limitation, the display and distribution of the Content via a third party application or Web site); and disassembling, decompiling, reverse engineering or otherwise modifying the Content. Fitness 19 is the exclusive owner of the Fitness 19 trademark®. ADDITIONAL USER CONDUCT GUIDELINES Fitness 19 requests that the User not impede or inhibit any other User from using and enjoying the Services. Therefore, in using the Services, you agree not to: disrupt or interfere with the security of, or otherwise abuse, the Services, system resources, accounts, servers or networks connected to or accessible through the Services or affiliate linked websites/services; upload, post, or otherwise transmit through or on the Services any viruses or other harmful, disruptive or destructive files; use or attempt to use another’s account, service or system, or link to another site, without authorization from Fitness 19, or create or use a false identity on the Services; or transmit through or on the Services spam, chain letters, junk mail or other types of unsolicited mass e-mail to people or entities who have not agreed to be part of such mailings. Fitness 19 reserves the right to remove any content that it in its sole discretion believes is infringing, defamatory, illegal or offensive, or otherwise as may be permitted under the Digital Millennium Copyright Act or other applicable law. Further, any unauthorized or prohibited use may additionally subject the offender to civil liability and criminal prosecution under applicable federal and state laws. DISCLAIMERS User expressly agrees that the use of the services is at the User’s sole risk. Neither Fitness 19, Its parents, franchises, affiliates, employees, agents, service providers, third party information providers, licensors or the like warrant that the services will be uninterrupted, secure or error free; nor do they make any warranty as to the results that may be obtained from the use of the Services, or as to the accuracy, reliability, security or content of any information or service contained in or provided through the Services. The Services, all content and information provided therein, and all downloadable software is provided on an “as is,” “as available” basis without warranties of any kind, and all such warranties, whether oral or written, express or implied, including but not limited to warranties of title, non-infringement, merchantability or fitness for a particular purpose are hereby disclaimed and expressly negated. No oral advice or written information given by Fitness 19, any of its parents, franchises, affiliates, employees, agents or any service providers, third party information providers; licensors or the like, shall create a warranty; nor shall user rely on any such information or advice. User hereby acknowledges that Fitness 19 is not responsible for any intercepted information sent via the internet, and user releases Fitness 19 from any and all claims arising out of or related to the use of intercepted information in any unauthorized manner. LIMITATION OF LIABILITY Under no circumstances, including negligence, shall Fitness 19, its parents, franchises, affiliates, employees, agents or any third party information provider, service providers, licensor, or anyone else involved in creating, producing or distributing the services, be liable for any direct, indirect, incidental, exemplary, economic, punitive, lost profit, special or consequential damages for any services; or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft or destruction. MOBILE APPLICATIONS All of these Terms and Conditions outlined herein, apply to Fitness 19 mobile applications also. Use of our apps is at your own risk. They are provided as a service to our members and guests without charge, and we disclaim any and all responsibility for them. We do not screen our users, so please use good judgment and common sense in deciding whom to meet or trust with your personal information. We do not provide contact details to other members through any of our apps. INDEMNIFICATION The User agrees to indemnify, defend and hold harmless, Fitness 19, its parents, franchises, affiliates, employees, agents, third party information providers, service providers, licensors or the like and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Services from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions by the User. Fitness 19 reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by User, in which event User will fully cooperate with Fitness 19 in asserting any available defenses. THIRD PARTY LINKS AND SITES The Services may contain links to other Internet sites, resources and/or sponsors of the Services. Fitness 19 does not verify, warrant, endorse, or take responsibility for the availability, accuracy, completeness or quality of the content contained in these outside sites or resources. Providing links to outside sites does not constitute Fitness 19’s approval of the content, policies or practices of those other sites. Be sure to review the terms of use and privacy policies posted on the outside sites or resources after utilizing them. In order to identify third party sites or resources, the Services may make use of third party trademarks, images or branding. Usage of these items does not imply endorsement or certification by the third party. Logos and trademarks displayed within the Services are the property of their respective owners and are used in accordance with existing agreements between Fitness 19 and the third party or by usage guidelines and policies set forth by the third party. MEMBERSHIP SIGN-UP ONLINE THROUGH ABC FINANCIAL If you purchase a membership through our website, you will be required to provide certain information, including your name, address, birth date, gender, email address, and emergency contact. You will also be required to provide similar information for other members on your membership. You will be required to provide financial account information. We use this information to establish and manage your membership. We will send you an email confirming your membership. ABC collects information about you that is provided in conjunction with your purchase of services from one of ABC’s health club clients, including information provided on your health club membership agreement(s) and personal training agreement(s). Information about you is typically obtained from the agreement you sign with the club from whom you purchase services. Your personal information may also be collected from you when you provide information directly to ABC in any manner, or when you update account or contact information at the club or online. The information ABC collects about you may include your name, postal address, email address, phone numbers, bank account or credit card information, audio recordings of phone calls with you or made in relation to your account, photographs voluntarily taken at the club, and e-mail correspondence with you or in relation to your account. ABC collects such personal information about you for the purpose of processing and collecting payments owed by you to the club, to contact you in relation to your health club account, and to otherwise provide third party payment processing and administrative services to your club. ABC uses information it collects to communicate with health club members, collect payments owed to its health club clients, and maintain up to date account information for members. ABC’s Privacy Policy is available at https://www.abcfinancial.com/privacy-policy/. CHANGES TO THE PRIVACY POLICY If there are updates to the terms of Fitness 19’s online Privacy Policy, Fitness 19 will post those changes and update the revision date on this document, so Users will always know what information we collect online, how we use it, and what choices you have. Fitness 19 will not apply changes to how personally identifiable information is used or disclosed to information already collected absent consent, except as permitted by applicable law. OTHER These Terms and Conditions of Use shall be governed by, construed and enforced in accordance with the laws of the State of California and the federal laws of the United States of America. Users agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the State of California for any disputes arising from or related to the Services or these Terms and Conditions of Use. These Terms and Conditions are not intended to alter the terms or conditions of any other agreement you may have with Fitness 19 or its franchises, affiliates, parents, service providers or business associates to the extent that those agreements govern issues other than your use of the Services. Should any provision in these Terms and Conditions be found invalid or unenforceable for any reason, that provision shall be deemed severable from the terms and shall not affect validity or enforceability of the remaining provisions. These Terms and Conditions may not be altered by action, inaction or course of dealing between the parties. Failure by Fitness 19 to object to a User’s behavior, conduct or action does not constitute a consent, ratification or waiver of objection. PRIVACY POLICY This Privacy Policy applies only to information we collect through electronic or digital means, including our website located at www.fitness19.com, our mobile website, mobile applications and other electronic and digital means of communication. Fitness 19 is committed to providing users of its Services with an understanding of how Fitness 19 gathers and uses information, as well as the precautions taken by Fitness 19 to protect information concerning its Users. This Privacy Policy is incorporated into and is a part of the Terms and Conditions of Use; it describes Fitness 19 ‘s policies and procedures for the collection and use of personal information provided by the User as well as non-personally identifiable information. PERSONALLY IDENTIFIABLE INFORMATION Fitness 19 collects personally identifiable information directly from the User only when the User voluntarily enters information, or when the User requests or agrees that Fitness 19 send the User information or materials. Fitness 19 may also collect information through the use of promotional email campaigns or newsletters. Using our Fitness 19 website or mobile app you can purchase a membership, in which case you will provide us with the following information: – Name – Home address – Home telephone number – Work telephone number – Email address – Gender – Date of birth – For corporate sponsored program participants: Name of Employer – For health insurance related program participants: Insurance Information – For school-related programs: name of School or Group You can also get a free guest pass to all of our clubs, in which case you will provide us your name, email address and telephone number. Fitness 19 currently uses gathered information for the purposes of providing the User with information requested by the User, membership information, service information, and to allow the User to voluntarily participate in events, promotions, contests. Fitness 19 may also use personally identifiable information to process user requests and/or to send the User communications from Fitness 19 such as news, information and promotional offers. If the User requests information for certain offers, promotions, or contests, Fitness 19 may forward the User’s personal information to a third party for the purposes of supporting Fitness 19 in these services. Fitness 19 may disclose your personal and account information to respond to court subpoenas, court orders, or other legal processes, as required by law, or to establish or exercise Fitness 19 legal rights or defend against legal claims. Your personal and account information may also be disclosed in connection with a sale of some or all of the Fitness 19 business or a merger with another entity. Within Fitness 19, we restrict access to information and data about you to those Fitness 19 employees who need to know the information and data in order to perform their jobs, such as servicing your account, or notifying you of new services, classes, and programs. YOUR OBLIGATIONS For your protection, Fitness 19 strongly recommends that you do not share your account information, passwords or code words with others. Administrators of the Services will never ask you for your password by phone or e-mail. Do not provide confidential information online or over the telephone unless you initiated the contact, know the party with whom you are dealing, and provide the information through a secured channel. When conducting business over the Internet, always use a secure browser or client and exit online applications as soon as you finish using them. If you become aware of any suspicious activity relating to your account, it is your responsibility to contact Fitness 19 immediately. SECURITY OF PERSONALLY IDENTIFIABLE INFORMATION To protect your personal information, we maintain physical, electronic, and procedural safeguards to ensure online data and information privacy and security. We also use the Secure Socket Layer (SSL) protocol to encrypt sensitive information (e.g. credit card number or password) over the Internet. However, Fitness 19 cannot guarantee the privacy and security of any information or data that is disclosed online. USE OF COOKIES AND NON-PERSONALLY IDENTIFIABLE INFORMATION By using the Services, the User makes available to Fitness 19 certain non-personally identifiable information (such as the domain name and type of the User’s Internet server and browser or device, which pages or features of the Services the User accesses, and the length of access). This statement explains how Fitness 19 uses such information, and how the User can restrict the use and collection of non-personally identifiable information from “cookies.” A “cookie” is a bit of text information stored on the hard drive of your computer by an Internet web server when you visit or use the Services. The User can choose not to accept cookies, but in so doing, the User may not be able to access certain features on the Services. Refer to the Help information in your browser or Internet provider site or software for instructions on how to disable cookies, or to be notified when a cookie is set. Fitness 19 may use “cookies” or store information on your device to track usage of the Services, User interactions with the Services, and to customize the Services. Fitness 19 may use the non-personally identifiable information that is collected by Fitness 19 to improve the design and content of Fitness 19’s Services and to enable Fitness 19 to personalize your Internet or mobile application experience. Also, Fitness 19 may use this information in the aggregate to analyze usage of the Services, as well as to offer user products, programs, or other services. PRIVACY AND OUR APPS OR WEBSITE FEATURES Fitness 19 offers mobile applications and website features intended to make it easier for you to access our Services on your mobile device or the Internet. By using some of these apps or website features, you authorize us to display to others certain information about you. (We will never provide other members or users with your contact details.) We will tell you in the app or website feature what information, if any, may be disclosed, and you can always decide that app or website feature isn’t for you. You also can stop using the app or website feature by following the instructions within the app or website feature, at which point any further disclosures of information will stop as well. LINKS TO OTHER SITES The Services may contain links to other Internet sites or resources that are owned and operated by third parties. Fitness 19 is not responsible for the privacy policies or practices of Internet sites or resources owned and operated by third parties. Fitness 19 strongly suggests that you review such third party Internet sites or resource privacy policies before providing any data or information to them. QUESTIONS / CONTACT US If you have any questions or suggestions regarding our Privacy Policy or otherwise need to contact your local club for clarification.