Terms, Agreement, Privacy Policy

TERMS AND CONDITIONS OF USE

WELCOME TO GYMCLOUD.COM!

This Agreement was last updated on 01/18/16.

BY ACCESSING OR USING THIS SITE YOU ARE DEEMED TO HAVE AGREED TO THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT UNDERSTAND OR AGREE TO THESE TERMS AND CONDITIONS OF USE, YOU SHOULD NOT ACCESS OR USE THIS SITE.

1. Scope of Agreement

These Terms and Conditions of Use (otherwise known as the “Agreement”) is between you (“You”), as a user of the website at "http://www.gymcloud.com" www.gymcloud.com (the “Site”) and Gymcloud, LLC (“Gymcloud”).

This Agreement governs Your use of the Site, including any fitness information or videos or other content You access that has been produced either by GymCloud or by any trainer from whom GymCloud accepts uploaded content (“Trainer”). Gymcloud may change the terms of this Agreement at any time in its sole discretion, by posting additional or different terms on its Site. You are responsible for complying with the then-current version of the Agreement.

» Please click here http://www.gymcloud.com/legal/privacy_policy to read Gymcloud’s Privacy Policy which is hereby incorporated into and made a part of this Agreement. The Privacy Policy explains how Gymcloud collects, stores, uses and discloses Your personal information.

You must be eighteen (18) years old or older to establish an account to use the Site. You may use the Site if you are under 18, but only with the supervision of a parent or legal guardian. This Site is not intended for use at all by anyone under 13 years of age.

2. Use and Protection of Password and ID

(a) Gymcloud may assign or allow you to create a password and account ID for use of the Site. Each user who uses Your password and ID will be deemed to be authorized to access and use this Site. YOU ARE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND ID ORIGINALLY ISSUED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU. THIS INCLUDES ALL PURCHASES AND DOWNLOADS, UPLOADS, COMMUNICATIONS AND TRANSMISSIONS, AND ALL OBLIGATIONS (INCLUDING FINANCIAL OBLIGATIONS) THAT MAY RESULT.

(b) You are solely responsible for protecting the security and confidentiality of the password and ID. You shall immediately notify Gymcloud of any unauthorized use of the password or ID, or any other breach or threatened breach of this Site’s security.

3. Modification of the Site

Gymcloud reserves the right to modify, revise or otherwise change this Site at any time (including without limitation adding or discontinuing any content, or all services or transactions offered through this Site), in whole or in part.

4. Availability and Use of Site

The availability of this Site depends on many factors, including some factors that are beyond Gymcloud’s control, such as Your connection to the Internet and the Internet backbone. Gymcloud shall not be liable to You if You cannot use this Site due to any reason.

5. Intellectual Property

(a) U.S. and international copyright, trademark and other intellectual and proprietary laws protect this Site, and any unauthorized access to or use of this Site may violate such laws.

(b) All information and data that is part of this Site, including without limitation, all Site content, and all trademarks, service marks, trade dress, logos and tag lines displayed on this Site (collectively, the “Marks”) are the sole and exclusive property of Gymcloud or third parties. You are not granted any right or license, either express or implied, in any copyright, trademark, service mark, trade dress, logo, tag line, patent, trade secret, right of publicity or other intellectual property or proprietary right of Gymcloud or any of the goodwill associated with any of the foregoing, unless otherwise stated in this Agreement To the extent that You use any copyright, trademark, service mark, trade dress, logo, tag line, patent, trade secret, right of publicity or other intellectual or proprietary right of Gymcloud, such use and all goodwill associated therewith shall inure solely and exclusively to the benefit of Gymcloud.

(c) You shall not remove any copyright, trademark, or other proprietary legends or notices that appear on, in or as part of this Site.

(d) To the extent that Gymcloud grants You the right to download, view, or stream Content from the Site:

The content made available on the Site that has been uploaded by Trainers (the “Trainer Content”) is the property of the Trainers and not of Gymcloud. Gymcloud’s provision of the Content is in no way an endorsement or sponsorship of the Trainer Content. Gymcloud shall have no liability whatsoever to You for Your reliance on the Trainer Content or on any third party comments, reviews or information with respect to the Trainer Content that is displayed on the Site or otherwise made available to You. You are solely responsible for evaluating all such third party information in determining whether to view the Content. Gymcloud does not guarantee the availability of any Content. YOU SHOULD CONSULT WITH YOUR DOCTOR BEFORE BEGINNING ANY NEW EXERCISE PROGRAM.

Gymcloud reserves the right to make the Trainer Content available in whatever manner it now or hereafter may deem appropriate, in its sole discretion. Gymcloud will use reasonable efforts to provide a list of the media devices (“Media Devices”) which will support the Content on its Site. You are solely responsible for having all necessary hardware and software to enable You to use the Content.

6. Notice of and Procedure for Copyright Infringement

(a) Gymcloud respects other’s intellectual property and proprietary rights. In accordance with the Digital Millennium Copyright Act, Gymcloud has designated a Copyright Agent to receive notice of claims of alleged copyright infringement on the Site. If You believe that Your copyrighted material has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to or from this Site, please send Gymcloud’s Designated Agent a notice containing the following elements:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work(s) that is/are alleged to have been infringed;
  • A description of the copyrighted work(s) that you claim is/are infringing and the location where the original or an authorized copy of the copyrighted work(s) exists/exist (for example, the URL of Web site where the copyrighted work(s) is/are lawfully published; the name, edition and page(s) of a book, etc.);
  • A description of where the material that You claim is/are infringing is/are located on this Site, including the URL, so that Gymcloud can locate the material;
  • Your address, telephone number and email address;
  • A statement that You have a good faith belief that the use of the material identified in the notice is not authorized by the copyright owner, its agent, or applicable law; and
  • A statement by You, under penalty of perjury, that the above information is accurate and that You are the copyright owner or are authorized to act on behalf of the copyright owner.

(b) Send the notice containing the above information to the following Designated Agent:

Name of Designated Agent: Gymcloud, LLC/IP Counsel – DMCA Notification

Mailing Address:

Aaron & Sanders PLLC
810 Dominican Drive, Suite 208
Nashville, TN 37228

Telephone number: 615-734-1122

E-mail Address: general@aaronsanderslaw.com

NOTE: THE NOTICE REQUIRED BY THIS SECTION IS EXCLUSIVELY FOR NOTIFYING GYMCLOUD OR ITS COUNSEL THAT COPYRIGHTED WORK(S) MAY HAVE BEEN INFRINGED. DO NOT SEND ANY NOTICES OR INQUIRIES UNRELATED TO ALLEGED COPYRIGHT INFRINGEMENT TO GYMCLOUD’S DESIGNATED AGENT. SUCH NOTICES OR INQUIRIES SHOULD INSTEAD BE SENT TO THE E-MAIL ADDRESS OR MAILING ADDRESS LISTED BELOW IN THE SECTION TITLED “CONTACT INFORMATION”.

7. Links to Other Internet Sites

This Site may contain links to Internet sites owned, operated or maintained by third parties not under Gymcloud’s control. These links are provided for Your convenience of reference only. Such links are not representative of Gymcloud’s endorsement of the organization or individual associated with the linked site. You assume sole responsibility and liability for Your use of such linked sites.

8. Governing Law and Jurisdiction; Limit on Commencing Actions

(a) This Agreement is governed by the laws of the State of Tennessee, U.S.A. without regard to the conflicts of laws principles thereof. You consent to the exclusive jurisdiction and venue of the state and federal courts in Davidson County, Tennessee, and the Middle District of Tennessee, U.S.A. in all disputes arising out of or relating to the use of this Site.

(b) You must commence any cause of action or claim against Gymcloud within one (1) year after the cause of action or claim arises, otherwise You agree that Your cause of action or claim shall be barred.

9. International Access

This Site can be accessed from countries other than the United States. This Site may contain products or services, or references to products or services, that are not available outside of the United States. If You access and use this Site outside the United States You are responsible for complying with Your local laws and regulations.

10. Contact Information

Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site by e-mail to support@gymcloud.com.

11. Reservation of Rights

Gymcloud reserves to itself any and all rights not expressly granted herein.

12. Warranty Disclaimer; Limitation of Liability

(a) ALL CONTENT, SERVICES AND TRANSACTIONS ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. GYMCLOUD DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. GYMCLOUD DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION.

(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GYMCLOUD, ITS PARENT, SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR PUNITIVE, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, INDIRECT OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUES, BUSINESS, USE, DATA OR OTHER INTANGIBLES), WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF GYMCLOUD HAD BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.

(c) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GYMCLOUD’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FORM OF ACTION, WHETHER CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY AND/OR OTHERWISE) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO GYMCLOUD FOR THE ONE MONTH PERIOD PRIOR TO THE ACT ALLEGEDLY GIVING RISE TO GYMCLOUD’S LIABILITY.

13. Indemnity

You agree to indemnify, defend and hold harmless Gymcloud, its parent, subsidiaries, affiliates, and their respective officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from Your access or connection to, or use of this Site, including without limitation claims arising out of information or materials submitted to this Site by You, Your violation of a third party’s intellectual property or other rights, or any claims alleging facts that if true would constitute a breach by You of the terms and conditions of this Agreement. Gymcloud reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with Gymcloud in the defense of such claims.

14. Relationship of Parties

You acknowledge that no joint venture, partnership, employment, or agency relationship exists between You and Gymcloud as a result of this Agreement or any use of this Site. You agree not to hold Yourself out as a representative, agent, or employee of Gymcloud and Gymcloud shall not be liable for any representation, act or omission by You to the contrary.

15. Assignment

You shall not assign or otherwise transfer this Agreement or assign, delegate or otherwise transfer any of Your rights, interests or obligations under this Agreement and any such assignment, delegation or other transfer shall be void. This Agreement shall inure to the benefit of Gymcloud’s successors, assigns and licensees.

16. Injunctive Relief; Remedies

(a) You agree that Gymcloud’s remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Gymcloud shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Gymcloud may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including attorneys’ fees.

(b) All rights and remedies granted to Gymcloud under this Agreement are cumulative and not alternative, and are in addition to all other rights and remedies available to Gymcloud at law or in equity.


Agreement with Trainers

GymCloud, LLC

This Agreement is between GymCloud, LLC (“GymCloud”) and you (“Trainer”), an athletic trainer who wishes to distribute fitness information and audio and video content related to physical fitness, workouts, and exercise routines through the GymCloud, LLC website at www.gymcloud.com (the “Site”). This Agreement is subject to the terms and conditions set forth in the GymCloud, LLC Terms of Use, available at www.gymcloud.com/terms, all of which are hereby incorporated into this Agreement.

Grant.

The Trainer is the owner of all rights in the fitness information and audiovisual recordings that Trainer provides to GymCloud (the "Videos").

The Trainer hereby grants to GymCloud a non-exclusive license for the Territory of the United States of America to distribute the fitness information and Videos on the internet to end users, for the Term of this Agreement and thereafter as set forth in Section 4 below...

Services.

Subject to the terms of the license granted above, GymCloud agrees to provide the Services to Trainer as follows:

GymCloud offers various levels of storage and bandwidth for the Service. Trainer may choose Trainer’s desired level of Service at the Site.

It is Trainer’s responsibility to establish an account at the Site and to pay the monthly fees set forth on the Site which correspond to Trainer’s desired level of Service.

GymCloud agrees to provide Trainer a page at the Site (the “Page”), controlled by Trainer through an administrative username and password to be provided by GymCloud, to administer Trainer’s fitness information and Videos and any content Trainer wishes to include regarding the Videos on such page. The administrative username and password will also give Trainer access to a private “dashboard”(the “Dashboard”) wherein Trainer may view certain information, which may include the number of purchases of Trainer’s services, fitness information, and Videos, the number of views of Trainer’s Page, and any fees collected on behalf of Trainer. Trainer is solely responsible for the use of its administrative username and password or access to its dashboard.

GymCloud reserves the right to remove, delete, or refuse to post to the Site any fitness information or Video, the posting of which would exceed the level of Service ordered by Trainer, or which violates any law, infringes on any third party’s intellectual property or other proprietary rights, or in GymCloud’s sole discretion, contains obscene, defamatory, libelous, or otherwise offensive or inaccurate content. It is Trainer’s responsibility to upload Videos and other content in a form acceptable to GymCloud. GymCloud will list acceptable formats on the Site.

Term.

This Agreement shall be effective as of the Effective Date, and shall remain in effect for as long as Trainer continues to pay the fees set forth on the Site for the level of Service chosen by Trainer.

Fees

Trainer agrees to pay GymCloud the monthly fees listed on the Site, for the level of Service chosen by Trainer. The fees will be billed to Trainer’s major credit card at the beginning of each month, and monthly fees are nonrefundable. The Services may be cancelled upon at least 15 days notice to GymCloud, at [support@gymcloud.com]. Upon cancellation, Trainer shall have no further access to Trainer’s Dashboard or any Videos Trainer has uploaded to the Site. GymCloud will remove Trainer’s Videos from the Site as soon as practicable upon cancellation.

Representations and Warranties; Indemnity.

Trainer represents and warrants that the Videos and the content contained therein (i) do not infringe upon the intellectual property rights or other proprietary rights of any third party. Trainer shall defend, indemnify and hold harmless GymCloud from any claim of infringement of an intellectual property right or property right of any third party, any claim of physical injury or property damage arising from any attempt by an end user to perform the exercises or activities contained in the Videos, or (iii) any breach of this Agreement. Trainer is solely responsible for ensuring the safety and efficacy of any activities performed by end users as a result of using fitness information on the site or viewing the Videos.

Governing Law.

This Agreement shall be considered as having been entered into in the State of Tennessee, and shall be construed and interpreted in accordance with the laws of the State of Tennessee. The parties shall submit to the exclusive jurisdiction of the state and federal courts of Davidson County of Tennessee and the Middle District of Tennessee for the resolution of any filed claims between the parties.

Severability.

If any portion of this Agreement is determined to be invalid or unenforceable, in whole or in part, by a Court of competent jurisdiction, the remainder of this Agreement shall not be affected by such determination and shall remain valid and enforceable to the fullest extent permitted by law.

Entire Agreement; Amendments.

The terms set forth in this Agreement constitute the entire understanding and agreement between the parties hereto, all negotiations and understandings prior to the Effective Date being merged into this Agreement. This Agreement may only be altered by an instrument executed by all parties to this Agreement.

No Joint Venture or Partnership.

This Agreement shall not be construed as creating a joint venture or partnership between the parties. Neither party shall be deemed as an agent, partner, employee or representative of the other, and neither party shall have the authority to bind the other party. The provisions of this paragraph are not intended to destroy or diminish, in any way, the right, licenses and privileges granted to the Distributor under this Agreement.

Assignment.

This Agreement shall not be assigned by either party without the prior written permission of the other; provided, however, GymCloud may assign its rights and obligations hereunder without the prior written permission of the Trainer to any entity acquiring all, or substantially all, of the assets or shares of GymCloud. This Agreement shall be binding upon any permitted successors and assigns of either party.


Privacy Policy

Last modified: 1/25/16

Introduction

GymCloud, LLC ("Company" or "We") respect your privacy and are committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit the website www.gymcloud.com (our "Website") or use the GymCloud mobile application (the “App”, collectively with the Website, the “GymCloud Programs” and our practices for collecting, using, maintaining, protecting and disclosing that information.

This policy applies to information we collect:

  • Through the GymCloud Programs.
  • In e-mail, text and other electronic messages between you and the Company.

It does not apply to information collected by:

  • us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or
  • any third party (including our affiliates and subsidiaries)] including through any application or content that may link to or be accessible from or on the Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use the GymCloud Programs. By accessing or using the GymCloud Programs, you agree to this privacy policy. This policy may change from time to time. Your continued use of the GymCloud Programs after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children Under the Age of 13

The GymCloud Programs is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the GymCloud Programs. We do not knowingly collect personal information from children under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at support@gymcloud.com.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of the GymCloud Programs, including information:

  • by which you may be personally identified, such as name, age, postal address, e-mail address, telephone number ("personal information");
  • that is about you but individually does not identify you, such as your zip code, or preferences; and/or
  • about your internet connection and the equipment and devices you use to access the GymCloud Programs and usage details.

We collect this information:

  • Directly from you when you provide it to us;
  • Automatically as you navigate through the Website or use the App.
  • From third parties, for example, our business partners; and
  • From our subsidiaries and affiliates.

Information You Provide to Us.

The information we collect on or through the GymCloud Programs may include:

  • Information that you provide by filling in forms on the GymCloud Programs. This includes information provided at the time of registering to use the GymCloud Programs, ordering products,, or requesting further services. This information may include your height, weight, and Body Mass Index. You may also provide for us a history of injuries or a general medical history. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with the GymCloud Programs.
  • Records and copies of your correspondence (including e-mail addresses), if you contact us.
  • Your responses to surveys that we might ask you to complete for research purposes.
  • Details of transactions you carry out through the GymCloud Programs and of the fulfillment of your orders. You may be required to provide financial information before placing an order through the GymCloud Programs.
  • Your search queries on the GymCloud Programs.
  • You also may provide information to be published or displayed (hereinafter, "posted") on public areas of the GymCloud Programs, or transmitted to other users of the GymCloud Programs or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the GymCloud Programs with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies.

As you navigate through and interact with the GymCloud Programs, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:

  • Details of your visits to the GymCloud Programs, including traffic data, location data, logs and other communication data and the resources that you access and use on the GymCloud Programs.
  • Information about your computer and internet connection, including your IP address, operating system and browser type.
  • Information about your mobile device and internet connection, including the device's unique device identifier, IP address, operating system, browser type, mobile network information and the device's telephone number.
  • The information we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve the GymCloud Programs and to deliver a better and more personalized service, including by enabling us to:
  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize the GymCloud Programs according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to the GymCloud Programs.

The technologies we use for this automatic data collection may include:

  • Cookies (browser or mobile cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser or your smartphone. However, if you select this setting you may be unable to access certain parts of the GymCloud Programs. Unless you have adjusted your browser smartphone privacy setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Website or log into the App.
  • Flash Cookies. Certain features of the GymCloud Programs may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on the GymCloud Programs. Flash cookies are not managed by the same browser settings as are used for browser cookies.
  • Web Beacons. Pages of our the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Third-party Use of Cookies and Other Tracking Technologies.

Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the GymCloud Programs. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services . They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

  • To present the GymCloud Programs and its contents to you.
  • Upon your request, to keep a history of your exercise through our Site and to track your exercise progress.
  • To provide you with information, products or services that you request from us.
  • To fulfill any other purpose for which you provide it.
  • To provide you with notices about your account or your order, including shipping and fulfillment information.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to the GymCloud Programs or any products or services we offer or provide though it.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

  • To our subsidiaries and affiliates.
  • To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of GymCloud’ assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by GymCloud about the GymCloud Programs users is among the assets transferred.
  • To fulfill the purpose for which you provide it. For example, if you give us an e-mail address to use the "e-mail a friend" feature of the GymCloud Programs, we will transmit the contents of that e-mail and your e-mail address to the recipients.
  • For any other purpose disclosed by us when you provide the information.

With your consent. We may also disclose your personal information:

  • To comply with any court order, law or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our terms of use (available at www.gymcloud.com/terms) and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of GymCloud, our customers or others.

We will never disclose any of your financial information.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your desktop browser our smartphone to refuse all or some cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page at http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html. If you disable or refuse cookies, please note that some parts of the GymCloud Programs may then be inaccessible or not function properly.
  • Advertisements and E-Mails from GymCloud. If you do not wish to have your e-mail address or contact information used by the Company to promote our own or third parties’ products or services, you can opt-out via the link provided by MailChimp, our third party e-mail distributer.

We do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.

Accessing and Correcting Your Information

You can review and change your personal information by logging into the Website or the App and visiting your account profile page.

Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of the GymCloud Programs that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to support@gymcloud.com or write us at GymCloud, LLC, 3811 Richland Avenue, Nashville, TN 37205.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on remote secure third party servers behind firewalls. All payment transactions are managed via Stripe. You may review Stripe’s security standards at https://stripe.com/help/security. GymCloud does not store any financial information.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the GymCloud Programs, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the GymCloud Programs. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Website home page. If we make material changes to how we treat our users' personal information, we will notify you by e-mail to the primary e-mail address specified in your account or through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting the GymCloud Programs and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at support@gymcloud.com.

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