Last Updated and effective as of: April 2nd, 2021
1. The Categories of Personal Information We Collect
We collect identifying information about you and your household that you provide directly to us. When you sign up to become a customer, purchase a subscription, gift box or gift card, enter a contest, promotion, or sweepstakes, complete a survey, or sign up to receive our recipes or marketing or advertising information concerning our Services or Products, you will be required to provide us with personal contact information about yourself that we will use to communicate with you for our business purposes, including for marketing and advertising. Contact information includes your name, e-mail address, mailing address, and phone number. We do not collect any contact information from you when you use the Products or Services unless you provide us with the contact information voluntarily. We use the contact information to communicate with you including to process transactions; offer and provide you with the Services and Products; to solicit your feedback and inform you about our Products, Services, upcoming events, recipes, and special promotions; to offer, administer and process contests, promotions, and sweepstakes; and to improve our Products and Services.
1.2. Customer Information In Our Business Records
This information comprises any information that identifies, relates to, describes or is capable of being associated with you in our records. When you sign up for a subscription or purchase a gift box or gift card, you will be required to provide payment related information that we use to charge for our Services and Products, including a debit card number and credit card number. All transactions are processed by our third-party payment vendors. We do not collect, store, or maintain any credit card or debit card information after the transaction is processed and verified. Instead, it is transiently collected, shared with and processed through these third-party payment vendors. We do not share your credit or debit card information with any vendors, other than our third-party payment vendors.
Additional information about yourself or your household that you voluntarily provide to us, such as your personal interests and Product and Service preferences, may also be collected and retained in our business records. We use this information to fulfill the purpose for which it was provided and to market and sell you Products and Services.
1.3. Demographic Information
This includes demographic information, such as age or gender, that you may voluntarily provide to us, including when we ask you to participate in a survey. We may also collect demographic information about you and your household from third parties, such as age and gender, to market you Products and Services.
1.4. Commercial Information
This information includes information concerning the Products or Services you purchased and your purchasing history and tendencies.
1.5 Educational Information
We may collect educational information about you and your household from third parties to market you Products and Services.
1.6 Internet and Electronic History
In addition to contact information and billing or other Commercial Information you provided us with directly, we and third party online advertisers may collect additional Personal Information, including online identifiers, by indirect automated means (such as Cookies) related to your usage of our websites. Such Personal
Information may include:
From Your Activity When You Visit Our Web Site. Information that we automatically collect when you use the Services, such as your IP addresses, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on particular pages, what sections of the Website you visit, order information, and similar information concerning your use of the Products and Services. We and third party online advertisers use your browsing activity to provide you with marketing and advertising materials that may be of interest to you.
1.7 Your Consumer Preferences
We may accumulate the information you provide to develop a consumer profile concerning your behavior and interests, including for marketing and advertising purposes, and to improve our Products and Services.
2. Sharing Of Your Personal Information With Third Parties
We collect Identifiers, including your contact information, and other Personal Information about you and your household, including Commercial Information, Educational Information and Demographic Information, from third party advertisers, market intelligence companies and data cooperatives who share this information with us. We share Identifiers, including your contact information, and certain Commercial Information, including your purchasing history, collected by us with third party advertisers, market intelligence companies and data cooperatives. Your internet and browsing activity, including your IP address, may also be shared with third party online advertisers.
3. Accessing and Modifying Personal Information and Communication Preferences, Including Requests to Unsubscribe
If you have registered for the Services or Products, you may access, review, and make changes to your Personal Information by following the instructions found on the Platform. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any Step Check Fitness marketing email. You cannot opt out of receiving transactional e-mails related to your account because we need to provide those emails in order to provide you with Services and Products.
You may submit requests concerning our collection and use of your Personal Information by contacting us by interactive web form or email at email@example.com.
4. How We Protect Your Personal Information
We take commercially reasonable steps to protect the Personal Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail sent to or from the Platform may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.
5. Important Notice to Non-U.S. Residents
The Platform and the Services are operated in the United States. If you are located outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using the Services or Products and/or providing us with any information, you consent to this transfer.
6. External Websites
8. How to Contact Us
9. Access by Persons With Disabilities
Persons with disabilities who need assistance accessing this policy may contact us as provided for in section 9, and depending on your individual needs, the company will grant reasonable requests to furnish this policy in an alternative format.
1. Description and Use of the Platform
Step Check Fitness is a business enterprise providing fitness and health management services, health and wellness program design and delivery, and facility design and consulting services to clients and organizations nationwide.
The Sites are not targeted toward or intended for use by anyone under the age of 18. By using the Sites, You represent and warrant that you are at least 18 years of age, that you have not been previously suspended or removed from the Service, you reside in the United States or Canada, and that you possess the legal right and ability to enter into these Terms. THE SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 18 OR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY STEP CHECK FITNESS. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER.
3. Sales Tax. If you purchase any products available on the Web Site, such as a site membership or merchandise ("Products"), you will be responsible for paying any taxes indicated on the Web Site. Memberships are subject to additional terms.
4. Site Memberships. All site memberships offered through the Web Site, whether for purchase or granted on a trial basis, are subject to your agreement to the applicable membership agreement and the terms and conditions of membership, which you must agree to and sign prior to being permitted to use the site. Your membership and use of the plans is also subject to all of our rules and regulations.
5. Community Guidelines
Step Check Fitness’s community, like any community, functions best when its people follow a few simple rules. By accessing and/or using the Website or the Platform, you hereby agree to comply with these community rules and that:
You must be the age of majority in their jurisdiction and capable of entering into binding contracts;
You will not use the Website or the Platform for any unlawful purpose;
You may not use the Services to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
You will not upload, post, e-mail, transmit, or otherwise make available any User Content that:
is false, deceptive, misleading, deceitful, or misinformative;
Infringes any copyright, trademark, trade secret, right of publicity, or other proprietary rights of any person or entity;
is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or
discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information;
You will not access or use the Website or the Platform to collect any market research for a competing business;
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Website or Platform, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Website or the Platform; and
You will not interfere with or attempt to interrupt the proper operation of the Website or the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords through hacking, password or data
Please let us know about inappropriate content. If you find something that violates our community guidelines, let us know, and we’ll review it. We reserve the right, in our sole and absolute discretion, to deny you access to the Platform, or any portion of the Services, without notice, and remove any User Content that does not adhere to these guidelines.
6. Registration, Account and Communication Preferences
In order to access and use certain areas or features of the Sites, you will need to register for a Step Check Fitness account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update from time to time as necessary your account information, (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Sites or your account.
By creating a Step Check Fitness account, you also consent to receive electronic communications from Step Check Fitness (e.g., via email or by posting notices to the Sites). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
“Step Check Fitness,” the Step Check Fitness logo and any other Step Check Fitness Product or service names, logos or slogans that may appear on the Sites or Products are trademarks of Step Check Fitness and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any meta tags or other “hidden text” utilizing “Step Check Fitness” or any other name, trademark or Product or service name of Step Check Fitness without our prior written permission. In addition, the look and feel of the Sites and Products, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of Step Check Fitness and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, Product names and company names or logos mentioned on the Sites or Products are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any Products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Step Check Fitness.
You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Sites for noncommercial purposes, provided that such link does not portray Step Check Fitness or any of our Products in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Step Check Fitness logo or other proprietary graphic of Step Check Fitness to link to the Sites without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Step Check Fitness trademark, logo or other proprietary information, including the images found on the Sites or Products, the content of any text or the layout or design of any page, or form contained on a page, on the Sites without our express written consent.
Step Check Fitness makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third party websites accessible by hyperlink from the Sites or of websites linking to the Sites. Such sites are not under our control, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.
9. Third Party Content
We may display content, advertisements and promotions from third parties through the Sites or in shipments with Products (collectively, “Third Party Content”). We do not control, endorse or adopt any Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that Step Check Fitness is not responsible or liable in any manner for such interactions or Third-Party Content.
10. User Conduct
You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Sites. You agree that you will abide by these Terms and will not:
Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
Use or attempt to use another user’s account without authorization from such user and Step Check Fitness;
Use the Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Sites or that could damage, disable, overburden or impair the functioning of the Sites in any manner;
Reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Sites;
Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Sites that you are not authorized to access;
Develop any third party applications that interact with User Content or the Sites without our prior written consent;
Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Sites, extract data or otherwise interfere with or modify the rendering of Site pages or functionality;
Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Sites, extract data or otherwise interfere with or modify the rendering of Site pages or functionality;
Use the Sites for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms
11. User Content
The Sites may include interactive features and areas that allow users to create, post, share or store content, including, but not limited to, recipes, reviews, photos, videos, music, sound, text, graphics, code, items or other materials (collectively, “User Content”). In the event you decide to share your User Content with others through the Sites or third party platforms, you understand that this User Content will be viewable by others in accordance with the privacy settings you establish. You agree that you are solely responsible for your User Content and for your use of any interactive features and areas of the Sites.
By using the interactive features and areas of the Sites, you further agree not to create, post, share or store any of the following:
User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
User Content that impersonates, or misrepresents your affiliation with, any person or entity;
User Content that references or depicts Step Check Fitness or our Products but fails to disclose a material connection to us, if you have one (for example, if you are a Step Check Fitness employee or paid blogger);
User Content that contains any unsolicited promotions, political campaigning, advertising or solicitations;
User Content that contains any private or personal information of a third party without such third party’s consent
User Content that references alcohol irresponsibly, such as references to overconsumption or use by minors;
User Content that contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
User Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Sites or Products, or that may expose Step Check Fitness or others to any harm or liability of any type.
We are not responsible or liable for any User Content. Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Sites at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense.
12. Rights in User Content
We do not claim any ownership interest in your User Content. However, by uploading, posting or submitting User Content to the Sites or to our pages or feeds on third party social media platforms (e.g., Step Check Fitness’s Facebook page, Instagram page or Twitter feed), you hereby grant Step Check Fitness a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, and your name, likeness, voice and persona in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes.
By uploading, posting or submitting User Content to Step Check Fitness through the Sites or through our pages or feeds on third party social media platforms, you represent and warrant that (a) such User Content is nonconfidential, (b) you own and control all of the rights to the User Content or you otherwise have all necessary rights to post such User Content, (c) you authorize Step Check Fitness to use such User Content for the purposes described in these Terms, (d) the User Content is accurate and not misleading or harmful in any manner, and (e) the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule, regulation or third party right.
Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about Step Check Fitness, the Sites or the Products (collectively, “Feedback”). Feedback is nonconfidential and shall become the sole property of Step Check Fitness. Step Check Fitness shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Step Check Fitness, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Step Check Fitness Parties”), from and against all actual or alleged Step Check Fitness Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party’s use or misuse of the Sites or Products provided to you. You agree to promptly notify Step Check Fitness of any third party Claims and cooperate with the Step Check Fitness Parties in defending such Claims. You further agree that the Step Check Fitness Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Step Check Fitness.
You should consult your physician or other health care professional before starting this or any other fitness program to determine if it is right for your needs. 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 chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, 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.
This site offers health, fitness 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 about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this site. The use of any information provided on this site is solely at your own risk.
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.
We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Sites (or any features or functionality of the Sites) and the Products at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
16. Modifications to the Sites and Products
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Sites (or any features or parts thereof) or the provision of the Products at any time and without liability therefor
17. Arbitration and Dispute Resolution
Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing us (firstname.lastname@example.org).
These Terms constitute the entire agreement between you and Step Check Fitness relating to your access to and use of the Sites and your order, receipt and use of Products. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Step Check Fitness. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Step Check Fitness’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.