Please CAREFULLY READ the following terms of service relating to your use of our Sites, this site, and all sites listed below under our brand. By using our Sites and this site you agree to these terms of service.
Please visit our Sites and this site regularly if you wish to receive updates.
By using or utilizing our Sites and/or this site after we post any changes to our terms of service, privacy policies, earnings disclaimers, and/or copyright notices, you agree to abide by and accept those changes and updates, whether or not you have been notified about them or reviewed them. If at any time you choose not to accept these terms of service, privacy policies, earnings disclaimers, and/or copyright notices, please do not visit, use, or utilize any of our Sites or this site.
OWNERSHIP / COLLECTORS OF INFORMATION
These terms of service apply to your use of all of the Sites and services owned or operated us.
This document is posted for your reference by Naples Personal Training, LLC. and OnlineFitnessandWellness.com, collectively referred to hereinafter in this document as: “we”, “us”, “our”, “our page”, “our pages”, “our Site”, “our Sites”, “this site”, “this sites”, “the Site”, “the Sites”, and/or Naples Personal Training, LLC. and OnlineFitnessandWellness.com created by Naples Personal Training, LLC. and any other site that we or our businesses, companies, or interests have owned or operated, do own and operate, or may own or operate in the future (collectively, the “Site” and/or “Sites” and/or “our Site” and/or “our Sites”). Unless we say otherwise, all references to our Sites and this site in these terms of service include any and all such sites, web sites, and domains. These terms of service do not apply to your use of unaffiliated web sites to which any of our Sites or this site may link to or direct you to. Please visit those web sites for more information regarding their respective terms of service and policies.
If you have any questions about these terms of service you may contact us using the information provided on the contact page of this site.
Your comments are welcome about any of our Sites and this site. However, we will not review or consider any unsolicited creative submissions or suggestions for topics within our newsletters or products. Please understand that this policy is intended to avoid any and all possibility of future misunderstandings in the event that some or any of the ideas developed by us or our staff might appear or seem similar to any ideas submitted to us for consideration. Under no circumstances will we review unsolicited creative submissions or suggestions for topics within our newsletters, audios, videos, products, programs, or content(s). Accordingly, we respectively ask that you do not send us ANY original creative ideas, concepts, suggestions or materials. If, despite our request, you send us any idea(s), concept(s), suggestion(s) or material(s) (“Submission”), said Submission shall immediately become our property both creatively and intellectually, upon receipt. We will not be subject to any obligation of confidence or consideration for any Submission, and we will not be liable or held liable in any case for any use or disclosure of any Submission. In the case that you submit something unsolicited to us, we will immediately and exclusively own all the rights to the Submission worldwide, and we will be entitled to the unrestricted use of the Submission for any purpose we deem necessary, without consideration, compensation, or notification to the provider of the Submission. Given this fact, we again, sincerely ask you to refrain from submitting creative ideas, concepts, or projects to us, especially those that are personal or confidential to your business or yourself.
You should consult your physician or other health care practitioner before starting this or any other exercise. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced discomfort in your chest while exercising or have experienced chest pain in the past month when not engaged in physical activity. Do not begin this exercise program without consulting your doctor if you smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. Do not start this fitness program if your physician or health care provider advises against it.
If you experience faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately. Nothing stated or posted on OnlineFitnessandWellness.com is intended to be and must not be taken to be medical or professional advice.
This Online Fitness and Wellness website offers health, fitness, exercise and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions, you should always consult with your doctor or another health-care professional.
Do not ignore, avoid or delay obtaining medical or health related advice from your health-care professional.
Developments in medical research may impact the health, fitness and nutritional advice that appears here. No assurance can be given that the advice contained in this site will always include the most recent findings or developments with respect to the particular material.
If you are in the United States and think you are having a medical or health emergency, call your health care professional, or 911, immediately.
Use of the Online Fitness and Wellness website and services is at your own risk!
ONLINE FITNESS AND WELLNESS SHALL NOT BE LIABLE FOR ANY LIABILITY, OF ANY KIND, RESULTING FROM THE USE OF THE ONLINEFITNESSANDWELLNESS.COM WEBSITE AND/OR SERVICES.
Additionally, we disclaim all warranties, expressed or implied, including but not limited to implied effectiveness of the ideas, knowledge, experiences, or conceptual strategies listed on our Sites and this site as well as those that are provided in our newsletters, email campaigns, promotions, advertisements, products, and/or programs. The claims, information, data, examples, services, products, and materials on our Sites and this site are provided “as is” and without warranties of any kind, either expressed or implied. The only exception is the guarantees of satisfaction that are plainly and clearly labeled and designated as guarantees in writing on our Sites. Neither we nor any of our respective licensors or suppliers warrant or make any representations regarding the use or the results of the use of our content(s), newsletters, email campaigns, promotional offers, advertisements, products, programs, information, or services displayed or offered on this site in terms of their effectiveness, accuracy, logical design, reliability, or otherwise. Neither we nor any of our respective licensors or suppliers warrant that any functions or functionality contained in our Sites or this site will ever be or continue to operate uninterrupted or without error, that errors and/or defects will be fixed or corrected, or that our Sites or this site or the server or servers that make our Sites or this site available online are free and clear of viruses or any other agents or components of a harmful nature. You (not we or any of our respective licensors or suppliers) always assume the entire cost of all necessary parts, maintenance, servicing, repair, and/or corrective labor and restoration to your system. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. We do not endorse, warrant, service, or guarantee any content(s), products, programs, services, presentations, presenters, claims, offers, coaching, or other products offered on our Sites, this site, or those we link to. We are not a party to and do not track or monitor any transaction(s) between users and third-party providers of products, programs, services, hardware, or software.
LIMITATION OF LIABILITY
Under absolutely no circumstances including but not limited to negligence, will we or any of our licensors or suppliers be liable or held liable for any special or consequential damages that result from the use of, or the inability to use, the materials or information on our Sites or this site, or any products or services provided pursuant to our Sites or this site, even if advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages (including but not limited to lost data), so the above limitation or exclusion may not apply to you. In no event shall the total liability to you by us or any of our licensors or suppliers for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us, if any, for accessing our Sites, this site, or using our products or our services.
Under absolutely no circumstances, directly or indirectly, will we be liable or held liable or be responsible or held responsible for any loss or damages caused or alleged to have been caused to you in connection with your use of any products, goods, services, or advice you receive from a contributor, forum user, or other guest on our Sites or this site, or in our products or in our services.
We are not liable or responsible and will not be held liable or held responsible for any loss or damage caused or alleged to have been caused by or to our guest(s) or contributors in connection with the display of their photo(s), their name(s), their biography(s), their web site(s), their comment(s), their product(s), their service(s), and/or any of their other respective content(s) including but not limited to their overall attitude(s), demeanor(s), behavior(s), and any vulgarities, inappropriate behaviors, or other general levels of offense relating to such guest(s), their performance(s), and/or their presentation(s) that are posted on our Sites, on this site, and/or in our marketing, our advertising, our newsletters, our email campaigns, our promotions, our products, our services, our audios, our videos, and/or our webinars.
All Users of our Sites and this site are expressly prohibited from attempting to violate or violating the security of our Sites and this site. We and/or our assigned agents and representatives will investigate any and all occurrences of possible violations, attempted violations, or suspected violations and will cooperate with all applicable law enforcement authorities in prosecuting violators to the fullest extent allowable by law.
CONFIDENTIALITY AND NON-COMPETE CLAUSE
Users of our Sites and this site hereby understand and agree that the content(s), program(s), product(s), information, technologies, and intellectual knowledge displayed, expanded on, illustrated, and/or shared on our Sites and this site are copyrighted. It is an express violation of our copyrights to duplicate, distribute, record, disseminate and/or share our copyrighted or proprietary information in any way, shape, form, or manner whatsoever without our full and express written permission. Any and all unauthorized use or distribution of our Sites and/or this sites copyrights and proprietary and intellectual property rights by you, your wife, your kids, your mother-in-law, your cousins, your family members, your co-workers, your agents, or your representatives is strictly prohibited by law.
We will initiate and take legal action to the full extent of the law in order to protect our rights and the copyrights of our Sites, this site, and all of our related content(s). We will pursue full damages as allowed by law if these terms, policies, rights, copyrights, proprietary rights, or our intellectual property rights are violated.
INTERNAL AND EXTERNAL LINKS
These terms of service apply to our Sites and this site, and not to web sites of any other companies, organizations, non-profits, or governing bodies, including those that our Sites or this site link to. We do not maintain, create, endorse, or take any responsibility for the claims, contents, advertising, products or other online or offline materials made available through any other web site, including those our Sites or this site link to. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of any content(s), goods, or service(s) available on any other web site. Other web sites may link to our Sites or this site by permission only. To seek our permission, you may contact us on the home page of this site.
We expressly reserve the right to rescind any permission granted to you or any organization or to any web site in which we approve linking to our Sites or this site, and to require termination of any such link to any of our Sites or this site at our sole discretion, at any time we choose and for any purpose or reason we deem appropriate.
The terms “forum” and “forums” and “forum(s) are defined as, constitute, refer to, and mean any and all comment(s), comments section(s), commenting area(s), chat room(s), message board(s), user review(s), or any interactive service(s) appearing on any of our Sites or this site and includes any and all public and private folders and domains.
You must always register in accordance with the instructions found on our Sites to contribute to any and all forum(s). You may never post on any forum(s), or send to any forum user, our staff, or other user any abusive material or material that is threatening, harassing, libelous, vulgar, defamatory, obscene, invades a person’s privacy, violates any intellectual rights, copyrights, property rights, or that would otherwise violate any law. You may never use any forum in any commercial manner. You may not post material that advertises or solicits goods or services or that solicits funds or financial transactions in any way or of any nature. You may under no circumstances post material known to be false. You may never post messages that contain stock touts or financial advice of any kind. You may never post or transmit any information, software, or other material that contains a virus or other harmful agent. We are not responsible for material appearing in any forum(s) on our Sites or this site, except for material signed by our identified authorized representatives and agents. We are not responsible for screening material posted by users for copyright or trademark infringement, libel, obscenity, invasion of privacy, accuracy, or for any other reason whatsoever. We will always retain, however, the right to modify or remove any and all comments, messages, posts, or any other content(s) or material that we in our sole discretion deem to be or consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise in any manner inappropriate, incongruent, unacceptable, illegal, or otherwise compromising the general stated or unstated purpose(s) of our forum(s), our Sites, or this site. We also reserve the right to edit any and all comments, messages, posts, or any other content(s) or material for any other reason. Regardless of action by us, you the user(s) remain solely responsible for the content(s) of your comment(s), message(s), post(s), or any other content(s) or material(s) you post and/or place in our forum(s), on our Sites, or on this site, whether or not we modify or remove such content(s) or material(s).
By posting, placing, and/or sending comments, messages, posts, or any other contents or material in our forum(s), on our Sites, or on this site, you grant (or warrant that the owner of such rights has expressly granted) us and/or relevant affiliated companies the perpetual, nonexclusive, worldwide right to use your comments, messages, posts, postings, questions, contents, and any and all other material posted and/or placed by you in both original and/or edited form as determined by us, in both our ongoing online and offline advertising, newsletters, direct mail campaigns, email campaigns, CPA and PPC advertising, SEO and SEM advertising, media broadcast productions, articles, books, commentaries, chat, mobile based text messaging, mobile-app push notifications, product support, forum support, legal support, and/or in any other medium now known or later developed. You Are Not Entitled To Any Compensation For Any Content(s), Any Material(s), or Anything Else of Any Other Nature You may Post in/on our forum(s), our Sites, or this site.
For purposes of clarity and redundancy, all users and you are herein notified and placed on notice and all users and you understand and agree, we may use in original and/or in edited form as determined by us, any and all comment(s), message(s), post(s), content(s) question(s), posting(s), testimonial(s), story(s), and any and all other content(s) and/or material(s) posted by you in/on our forum(s), our Sites, and this site in any and all our ongoing efforts both online and offline and including but not limited to marketing, advertising, direct mail campaigns, newsletters, email campaigns, CPA and PPC advertising, SEO and SEM advertising, media broadcast productions, articles, books, commentaries, chat, mobile based text messaging, mobile-app push notifications, product support, forum support, legal support, and/or in any other medium now known or later developed.
You also warrant that you own or otherwise control all of the rights to the comment(s), message(s), post(s), content(s) question(s), posting(s), testimonial(s), story(s), and any and all other content(s) and/or material(s) you have posted in/on our forum(s), our Sites, and/or this site and that the public posting and use of such comment(s), message(s), post(s), content(s) question(s), posting(s), testimonial(s), story(s), and any and all other content(s) and/or material(s) by us will not infringe on the rights of any third party. Additionally, you warrant that any and all “moral rights” in your posted comment(s), message(s), post(s), content(s) question(s), posting(s), testimonial(s), story(s), and any and all other content(s) and/or material(s) on our forum(s) have been waived. You Are Not Entitled To Any Compensation For Any Content(s), Any Material(s), or Anything Else of Any Other Nature You may Post in/on our forum(s), our Sites, or this site.
EXPLICIT LANGUAGE AND MATURE CONTENT
Our Sites are expressly non-pornographic in nature, and we have no intent of participating in or delivering pornographic content. That being stated, our Sites and this site may discuss mature topics from time to time. Our Sites and this site may use mature language in stories, examples, and content(s) relating to professional growth, personal growth, life in general, and any other experiences we may otherwise find relevant to our topics and/or modern life. At times the articles, images, experiences, examples, and stories used for illustrative purposes may use mature language, adult language, explicit language or contain other adult themes and adult content. Any and all users who are uncomfortable with mature, adult, or explicit language or adult images and themes should not use our Sites or this site. Furthermore, any and all users who are offended by mature, adult, or explicit language or adult images and adult themes should not use our Sites or this site.
Our Sites and this site’s purpose(s), content(s), promotions, offers, audio’s, video’s, banners, advertisements, coaching, and/or other online activities are not intended for, designed for, created for, intentionally advertised to, or otherwise directed toward minor children under the age of 18 and we will not knowingly collect personally identifiable information from minor children under the age of 18. We strongly recommend to parents for parents to participate in their minor children’s use and exploration of the internet, online environments, online communities, and any online services that their minor children may be interested in, in order that parents of minor children under the age of 18 may become aware, remain aware, and continually monitor the online activity of their under-aged minor children and as parents of under-aged minor children act as responsible adults in making their own individual determinations regarding what online web site(s), environment(s), and content(s) are suitable and correct for their own under-aged minor children regarding the appropriateness of content(s), their minor children’s access to such content(s), and their minor children’s use of such content(s). We also strongly urge parents to understand and utilize the use of their browser’s parental controls to limit the areas of the internet to which their minor children have access. We may at our discretion, require users under the age of 18 to obtain the consent of a parent or guardian in order to view certain portions of our content. We may also limit access to certain content to users above a specified age when deemed appropriate by us or when restricted by law. By using our Sites and this site you hereby agree to abide by any and all such restrictions, and not to aid or help anyone of any age avoid these restrictions. If you are a minor under the legal age of 18, please leave our forum(s), our Sites, and this site immediately unless you have your parent(s) or legal guardian(s) authorization to do otherwise.
NO PROFESSIONAL ADVICE
This document is posted for your reference by Naples Personal Training, LLC. and OnlineFitnessandWellness.com, collectively referred to hereinafter in this document as: “we”, “us”, “our”, “our page”, “our pages”, “our Site”, “our Sites”, “this site”, “this sites”, “the Site”, “the Sites”, and/or Naples Personal Training, LLC. and OnlineFitnessandWellness.com.
We have created this privacy statement for Naples Personal Training, LLC. and OnlineFitnessandWellness.com in order to demonstrate our firm and continuing commitment to the privacy of personal information provided by those visiting and interacting with Naples Personal Training, LLC. and OnlineFitnessandWellness.com. We hold the privacy of your personal information in the highest regard. The following discloses our information gathering and dissemination practices for this website.
Our Sites, this site, and Naples Personal Training, LLC. and OnlineFitnessandWellness.com are completely committed to protecting your privacy and security in every way possible. We control this site from offices in the United States of America. We do not represent that materials on our Sites or this site are appropriate or available for use in other locations. Persons who choose to access our Sites or this site from other locations do so on their own initiative, and are therefore responsible for compliance with local laws, if and to the extent that local laws are applicable.
OUTSIDE SITES HAVE DIFFERENT PRIVACY POLICIES
As such, we are not responsible for the practices employed by websites, brands, and/or companies linked to or from our sites or this site, or the information or content contained therein. Often links to other websites are provided solely as pointers to information on topics that we think may be useful to users of our sites or this site.
WHAT INFORMATION DO WE COLLECT?
When you visit our site you may provide us with two types of information: (1) personal information you knowingly choose to disclose that is collected on an individual basis and (2) website-use information collected on an aggregate basis as you and others browse our site.
(1) Personal Information You Choose to Provide including Email Addresses and Other:
If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received by mail and telephone.
(2) Website-Use Information:
HOW AND WHY WE COLLECT YOUR INFORMATION
We collect your information in order to record and support your participation in the content(s), newsletters, products, and programs you request from us. Visitors to our Sites and this site can engage in many activities without providing us with any personal information. To participate in other activities such as an online raffle, an online give-away, an online sweepstakes, or an online collection or online donation for an organization or cause, we may ask you to provide certain personal information about yourself by filling out and submitting online form(s). It is always completely optional for you to engage in these activities. If you decide to participate in these activities, we may ask that you provide us personal information such as your first name, your last name, your mailing address, your ZIP code, your e-mail address, your home telephone or cell-phone number, your credit card processing information, and/or other personal information. If you do not provide the mandatory information required to participate in the activity, you will not be able to participate in that activity. In all cases we collect personal identification information from you only if you voluntarily submit such information to us.
This information is collected in aggregate form without identifying you or any user personally or individually. We may use this aggregate, non-identifying statistical data for statistical analysis, marketing, or similar promotional and advertising purposes. This data is often tracked by us and/or our technology services provider by using “cookies” during your visit.
HOW WE USE INFORMATION PROVIDED TO US?
Broadly speaking, we may, can, and do use personal information for the purposes of administering our business activities, providing the products and services you request, to process payments, to monitor the use of all services, our marketing, our email campaigns, our promotional efforts, and to improve our content and service offerings, and customize our site’s contents, layouts, and services, and for any and all other lawful purposes. These uses improve our site and assist us in better tailoring our site to meet your needs.
Furthermore, such information may be shared with others on an aggregate basis. Personally identifiable information or business information will not be shared with outside parties except as required by law.
Occasionally, we may also use the information we collect to notify you about important changes to our site, new services, and any special offers we think you may find valuable. You may notify us at any time if you do not wish to receive these offers by emailing us at the link provided in the email or newsletter you received.
HOW DO WE USE INFORMATION COLLECTED FROM COOKIES?
MARKETING AND TRACKING COOKIES
We also may use DART cookies for ad serving through Google’s DoubleClick, which places a cookie on your computer when you are browsing the web and visit a site using DoubleClick advertising (including some Google AdSense advertisements). This cookie is used to serve ads specific to you and your interests (”interest-based targeting”). The ads served will be targeted based on your previous browsing history (For example, if you have been viewing sites about visiting Las Vegas, you may see Las Vegas hotel advertisements when viewing a non-related site, such as on a site about hockey). DART uses “non personally identifiable information”. It does NOT track personal information about you, such as your name, email address, physical address, telephone number, social security numbers, bank account numbers or credit card numbers. You can opt-out of this ad serving on all sites using this advertising by visiting https://marketingplatform.google.com/about/enterprise/.
You can choose to disable or selectively turn off our cookies or third-party cookies in your browser settings, or by managing preferences in programs such as Norton Internet Security. However, this can affect how you are able to interact with our site as well as other websites. This could include the inability to login to services or programs, such as logging into forums or accounts.
Deleting cookies does not mean you are permanently opted out of any advertising program. Unless you have settings that disallow cookies, the next time you visit a site running the advertisements, a new cookie will be added.
IP addresses are used by your computer every time you are connected to the Internet. Your IP address is a number that is used by computers on the network to identify your computer. IP addresses are automatically collected by our web server as part of demographic and profile data known as traffic data so that data (such as the Web pages you request) can be sent to you.
SHARING AND SELLING OF INFORMATION
We do not share, sell, lend, or lease any of the information that may uniquely identify a subscriber (such as email addresses or personal details) with anyone except to the extent it is necessary to process transactions or provide services that you have requested.
SURVEYS AND CONTESTS
From time-to-time our site requests information from users via surveys and/or contests. Participation in these surveys and/or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of our sites.
CHOICE TO OPT-IN OR OPT-OUT
This site allows any visitors to subscribe to receive future messages or services and to unsubscribe so as to not receive future messages or services. After unsubscribing we will discontinue sending the particular messages or services as soon as is technically feasible.
HOW CAN YOU ACCESS AND CORRECT INFORMATION?
You may request access to all your personally identifiable information that we collect online and maintain in our database by emailing us at the address provided on the contact page of this site or our Sites.
LEGALLY COMPELLED DISCLOSURE OF INFORMATION
A NOTE ABOUT CHILDREN AND MINORS
Children, minors, or anyone under 18 years of age are not eligible to use our services unsupervised and we ask that children (under the age of 18) do not submit any personal information to us. If you are a minor under the age of 18, you can use this service only in conjunction with permission and guidance from your parents or legal guardians.
ACQUISITION AND/OR CHANGES IN OWNERSHIP
In the event that the web site (or a substantial portion of its assets and/or services) is bought, sold, or otherwise acquired, your information could be considered part of those assets, and may be part of those assets and/or services that are transferred.
OUR COMMITMENT TO SECURITY
Please note that your information will be stored and processed on our computers in the United States of America. The laws on holding personal data in the United States may be less stringent than the laws of your Country of residence or citizenship. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure information collected by our sites online.