TERMS OF SERVICES
OVERVIEW
WELCOME TO THE WEB SITE OF FUSION FITNESS. PLEASE READ THESE TERMS OF SERVICES (“TERMS”) BEFORE USING THE FUSION FITNESS WEBSITE, BLOGS, SOCIAL MEDIA SITES AND APPS. THESE FOLLOWING TERMS AND CONDITIONS APPLY TO FUSION FITNESS WEBSITE, BLOGS, SOCIAL MEDIA, APPS (“SITES” . USE FUSION FITNESS “SITES” AT YOUR OWN RISK. FUSION FITNESS MEMBERS MAY ACCESS THE “SITES” TO ESTABLISH A USER ACCOUNT AND TO ACCESS OTHER FUSION FITNESS MATERIALS. USE OF THE “SITES”, AND ACCEPTANCE OF THIS AGREEMENT, DOES NOT ESTABLISH A MEMBERSHIP WITH FUSION FITNESS.
BY VISITING OUR SITE AND/ OR PURCHASING SOMETHING FROM US, YOU ENGAGE IN OUR “SITES” AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (“TERMS OF SERVICE”, “TERMS”), INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR AVAILABLE BY HYPERLINK.
ANY NEW ITEMS OR FEATURES THAT ARE ADDED TO THE CURRENT SITE SHALL ALSO BE SUBJECT TO THE “TERMS”. YOU CAN REVIEW THE MOST UPDATED VERSION OF THE “TERMS” ON THIS PAGE. WE RESERVE THE RIGHT TO UPDATE, CHANGE OR REPLACE ANY PART OF THESE TERMS BY POSTING UPDATES TO OUR WEBSITE. IT IS YOUR RESPONSIBILITY TO CHECK THIS PAGE FOR UPDATES. YOUR CONTINUED USE OF THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES ACCEPTANCE OF THOSE CHANGES.
YOUR ACCOUNT
IF YOU ARE A REGISTERED USER OF ANY OF THE SITES, YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT AND PASSWORD AND ACCESS TO YOUR COMPUTER. YOU AGREE TO ACCEPT RESPONSIBILITY FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT OR PASSWORD. FUSION FITNESS RESERVES THE RIGHT, WITHOUT NOTICE AND IN ITS SOLE DISCRETION, TO REFUSE OR RESTRICT ACCESS OR SERVICE, TERMINATE ACCOUNTS, OR REMOVE OR EDIT CONTENT.
GENERAL CONDITIONS
FUSION FITNESS GRANTS YOU PERMISSION TO VIEW AND USE CONTENT MADE AVAILABLE TO YOU ON THE SITES IN CONNECTION WITH YOUR OWN PERSONAL, NONCOMMERCIAL USE OF THE SITES. ANY OTHER USE, INCLUDING THE DISTRIBUTION, REPRODUCTION, TRANSMISSION, MODIFICATION, OR PERFORMANCE, OF THE CONTENT ON THE SITES IS STRICTLY PROHIBITED. WE RESERVE THE RIGHT TO REFUSE SERVICE TO ANYONE FOR ANY REASON AT ANY TIME.
MODIFICATIONS TO THE SERVICE AND PRICES
PRICES FOR OUR PRODUCTS ARE SUBJECT TO CHANGE WITHOUT NOTICE. FUSION FITNESS RESERVES THE RIGHT AT ANY TIME TO MODIFY OR DISCONTINUE OUR SERVICES (OR ANY PART OR CONTENT THEREOF) WITHOUT NOTICE AT ANY TIME.
WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD-PARTY FOR ANY MODIFICATION, PRICE CHANGE, SUSPENSION OR DISCONTINUANCE OF THE SERVICE.
THIRD-PARTY SITES
CERTAIN CONTENT, SERVICES, AND PRODUCTS AVAILABLE VIA OUR “SITES” MAY INCLUDE MATERIALS FROM THIRD-PARTY SITES THAT ARE NOT AFFILIATED WITH US. WE ARE NOT RESPONSIBLE FOR EXAMINING OR EVALUATING THE CONTENT OR ACCURACY AND WE ARE NOT LIABLE FOR ANY HARM OR DAMAGES RELATED TO THE PURCHASE OR USE OF GOODS, RESOURCES, SERVICES, CONTENT, OR ANY OTHER TRANSACTIONS MADE IN CONNECTION WITH ANY THIRD-PARTY SITES.
ERRORS & INACCURACIES
THERE MAY BE INFORMATION ON OUR “SITES” THAT CONTAINS ERRORS OR INACCURACIES THAT MAY RELATE TO PRODUCT DESCRIPTIONS, PROMOTIONS, PRICING, OFFERS, AND SHIPPING CHARGES. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS AND TO CHANGE OR UPDATE INFORMATION OR CANCEL ORDERS IF ANY INFORMATION IN THE SERVICE OR ON ANY RELATED WEBSITE IS INACCURATE AT ANY TIME WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED YOUR ORDER).
PROHIBITED ACTIVITY
AS A VISITOR OF THE FUSION FITNESS “SITES”, YOU ARE PROHIBITED FROM USING THE “SITES” OR ITS CONTENT:
FOR UNLAWFUL PURPOSES OR SOLICITING OTHERS TO PERFORM UNLAWFUL ACTS
TO HARASS, ABUSE, OR DISCRIMINATE BASED ON GENDER, RELIGION, SEXUAL ORIENTATION, OR RACE
TO TRACK THE PERSONAL INFORMATION OF OTHERS
TO SUBMIT OR TRANSMIT VIRUSES OF ANY TYPE
FOR ANY OBSCENE PURPOSE
TO SPAM OR “SCREEN SCRAPE”
MEDIA RELEASE
I UNDERSTAND THAT BY PARTICIPATING IN THE SERVICES, I AM CONSENTING TO PHOTOGRAPHS, VIDEOS, AND/OR AUDIO RECORDINGS THAT MAY BE MADE THAT MAY CONTAIN MY IMAGE, VOICE AND/OR LIKENESS FOR CURRENT AND FUTURE USE, WITH NO COMPENSATION TO ME. PLEASE NOTE THAT THESE POSTINGS AND RECORDINGS MAY OR WILL BE SHARED WITH POTENTIAL CLIENTS OR OTHER CLIENTS, IN OUR MARKETING MATERIALS, WEBSITE, SOCIAL MEDIA OR IN OTHER PROMOTIONS OR SALES FOR FUSION FITNESS BUSINESS USE.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD FUSION FITNESS HARMLESS FROM AND AGAINST AND IN RESPECT OF ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LOSSES, COSTS, EXPENSES, OBLIGATIONS, LIABILITIES, DAMAGES, RECOVERIES, AND DEFICIENCIES, INCLUDING INTEREST, PENALTIES, AND REASONABLE ATTORNEYS’ FEES THAT FUSION FITNESS INCURS OR SUFFERS WHICH RELATE TO YOUR USE OF THE SITES, YOUR FAILURE TO PERFORM ANY OF YOUR OBLIGATIONS UNDER THESE TERMS OF USE, OR YOUR BREACH OF ANY OF YOUR REPRESENTATIONS OR WARRANTIES MADE UNDER THESE TERMS OF USE.
SEVERABILITY
IN THE EVENT THAT ANY PROVISION OF THESE “TERMS” ARE DETERMINED TO BE UNLAWFUL, VOID OR UNENFORCEABLE, SUCH PROVISION SHALL NONETHELESS BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE UNENFORCEABLE PORTION SHALL BE DEEMED TO BE SEVERED FROM THESE TERMS OF SERVICE, SUCH DETERMINATION SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY OTHER REMAINING PROVISIONS.
TERMINATION
THE OBLIGATIONS AND LIABILITIES OF THE PARTIES INCURRED PRIOR TO THE TERMINATION DATE SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR ALL PURPOSES.
THESE TERMS OF SERVICE ARE EFFECTIVE UNLESS AND UNTIL TERMINATED BY EITHER YOU OR US. YOU MAY TERMINATE THESE TERMS OF SERVICE AT ANY TIME BY NOTIFYING US THAT YOU NO LONGER WISH TO USE OUR SERVICES, OR WHEN YOU CEASE USING OUR WEBSITE.
IF IN OUR SOLE JUDGMENT YOU FAIL, OR WE SUSPECT THAT YOU HAVE FAILED, TO COMPLY WITH ANY TERM OR PROVISION OF THESE TERMS OF SERVICE, WE ALSO MAY TERMINATE THIS AGREEMENT AT ANY TIME WITHOUT NOTICE AND YOU WILL REMAIN LIABLE FOR ALL AMOUNTS DUE UP TO AND INCLUDING THE DATE OF TERMINATION; AND/OR ACCORDINGLY MAY DENY YOU ACCESS TO OUR SERVICES (OR ANY PART THEREOF).
ENTIRE AGREEMENT
THE FAILURE OF US TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THESE TERMS OF SERVICE SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION.
THESE TERMS OF SERVICE AND ANY POLICIES OR OPERATING RULES POSTED BY US ON THIS SITE OR IN RESPECT TO THE SERVICE CONSTITUTES THE ENTIRE AGREEMENT AND UNDERSTANDING BETWEEN YOU AND US AND GOVERN YOUR USE OF THE SERVICE, SUPERSEDING ANY PRIOR OR CONTEMPORANEOUS AGREEMENTS, COMMUNICATIONS AND PROPOSALS, WHETHER ORAL OR WRITTEN, BETWEEN YOU AND US (INCLUDING, BUT NOT LIMITED TO, ANY PRIOR VERSIONS OF THE TERMS OF SERVICE).
ANY AMBIGUITIES IN THE INTERPRETATION OF THESE TERMS OF SERVICE SHALL NOT BE CONSTRUED AGAINST THE DRAFTING PARTY.
CHANGES TO TERMS OF SERVICE
YOU CAN REVIEW THE MOST CURRENT VERSION OF THE TERMS OF SERVICE AT ANY TIME AT THIS PAGE. WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO UPDATE, CHANGE OR REPLACE ANY PART OF THESE TERMS OF SERVICE BY POSTING UPDATES AND CHANGES TO OUR WEBSITE. IT IS YOUR RESPONSIBILITY TO CHECK OUR WEBSITE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF OR ACCESS TO OUR WEBSITE OR THE SERVICE FOLLOWING THE POSTING OF ANY CHANGES TO THESE TERMS OF SERVICE CONSTITUTES ACCEPTANCE OF THOSE CHANGES.
QUESTIONS? REACH OUT TO US AT HELLO@FUSIONFITNESS.COM
PRIVACY POLICY
FUSION FITNESS RESPECTS THE PRIVACY OF ITS USERS THAT UTILIZE OUR WEBSITE LOCATED AT WWW.FUSIONFITNESS.COM, INCLUDING OTHER MEDIA FORMS, APPS, OR MOBILE WEBSITES (“SITES”). THE FOLLOWING PRIVACY POLICY IS DESIGNED TO INFORM YOU, AS A USER OF OUR SITES, ABOUT THE TYPES OF INFORMATION THAT FUSION FITNESS MAY GATHER ABOUT OR COLLECT FROM YOU IN CONNECTION WITH YOUR USE OF THE SITES. IT ALSO IS INTENDED TO EXPLAIN THE CONDITIONS UNDER WHICH FUSION FITNESS USES AND DISCLOSES THAT INFORMATION, AND YOUR RIGHTS IN RELATION TO THAT INFORMATION. CHANGES TO THIS PRIVACY POLICY WILL BE REFLECTED ON THE MOST UPDATED VERSION FOUND ON THE WEBSITE.
BY USING OUR SITES, YOU CONSENT TO US COLLECTING, USING, DISCLOSING AND HANDLING PERSONAL INFORMATION AS DESCRIBED IN THIS POLICY, AND AGREE TO BE BOUND BY THE OBLIGATIONS IT IMPOSES ON YOU.
COLLECTION OF PERSONAL INFORMATION
WE AND OUR SERVICE PROVIDERS MAY COLLECT, AND YOU CONSENT TO PROVIDE, PERSONAL INFORMATION NECESSARY FOR OUR SERVICE TO YOU. INCLUDING, NAME, ADDRESS, CONTACT DETAILS, PHONE NUMBER, EMAIL, USERNAME, PASSWORD, AND COMMUNICATIONS.
COLLECTION OF INFORMATION VIA OUR WEBSITE
WHEN YOU VISIT OUR WEBSITE, INFORMATION ABOUT YOUR COMPUTER OR WEB DEVICE IS AUTOMATICALLY RECORDED BY OUR WEBSITE. THIS INCLUDES YOUR IP ADDRESS, YOUR TOP LEVEL DOMAIN NAME, THE DATE AND TIME OF YOUR VISIT TO OUR SITE, THE PAGES YOU ACCESSED OR DOWNLOADED, THE ADDRESS OF THE LAST SITE YOU VISITED, YOUR OPERATING SYSTEM AND THE TYPE OF BROWSER YOU USED.
THIS INFORMATION MAY BE COLLECTED BY US OR BY A THIRD PARTY SERVICE PROVIDER ON OUR BEHALF. THIS INFORMATION IS COLLECTED FOR STATISTICAL AND SYSTEM ADMINISTRATION PURPOSES, AND TO IMPROVE OUR WEB-BASED SERVICES. IT DOES NOT READILY IDENTIFY INDIVIDUALS, AND WE WILL NOT ATTEMPT TO IDENTIFY INDIVIDUALS FROM THE RECORDS OUR SERVER GENERATES UNLESS IT IS NECESSARY TO DO SO FOR LAW ENFORCEMENT PURPOSES.
WE MAY ALSO USE COOKIES TO ASSIGN YOUR DEVICE A USER ID. COOKIES CONTAIN INFORMATION THAT ALLOWS US TO IDENTIFY YOUR DEVICE. WE MAY USE THIS INFORMATION TO DETERMINE WHETHER OR NOT TO DISPLAY STANDARD CONTENT. YOU CAN USUALLY CONFIGURE YOUR BROWSER SO THAT IT DOES NOT ACCEPT COOKIES.
OPT-OUT-POLICY
CONTACT INFORMATION MAY BE USED TO SEND INFORMATION AND PROMOTIONAL MATERIAL ABOUT FUSION FITNESS. CONTACT INFORMATION COLLECTED UPON MEMBERSHIP IS ALSO USED TO SEND INFORMATION AND PROMOTIONAL MATERIAL ABOUT FUSION FITNESS. THE DEFAULT ASSUMPTION IS THAT YOU HAVE “OPTED-IN” AND CONSENTED TO USE OF YOUR INFORMATION IN THIS MANNER AND IN ACCORDANCE WITH OUR STANDARD POLICIES AND PROCEDURES. IF YOU NO LONGER WISH TO RECEIVE E-MAILS FROM FUSION FITNESS, PLEASE CLICK THE LINK TO “OPT-OUT'' ON THE BOTTOM OF YOUR EMAIL.
SECURITY
WE RESPECT YOUR DESIRE FOR PRIVACY WHEN IT COMES TO YOUR PERSONAL INFORMATION. WE USE PROCEDURES AND PROCESSES TO PROTECT THE CONFIDENTIALITY OF YOUR IDENTIFIABLE PERSONAL INFORMATION. HOWEVER, WHEN YOU SUBMIT INFORMATION OVER THE INTERNET, THE INFORMATION MAY TRAVEL OVER SYSTEMS NOT UNDER OUR CONTROL. OTHERS MAY INTERCEPT THE INFORMATION YOU ARE SENDING.
OUR SITES MAY CONTAIN LINKS TO OTHER WEB SITES OPERATED BY THIRD PARTIES THAT MAY BE OF INTEREST TO YOU. WE CANNOT CONTROL THESE THIRD PARTY SITES, WHICH MAY COLLECT PERSONAL INFORMATION FROM YOU. WHEN YOU FOLLOW A LINK AND LEAVE OUR SITES, YOU DO SO AT YOUR OWN RISK.
QUESTIONS? REACH OUT TO US AT HELLO@FUSIONFITNESS.COM
Updated on April 2023