homeWERQ WEBSITE AND MEMBERSHIP
AGREEMENT
This Agreement was
last updated on March 31, 2020.
Welcome to the homeWERQ
website (the “Website”), which is owned by WERQ Fitness LLC (“WERQ Fitness”,
“we” or “us”). The terms set forth in this homeWERQ Website and Membership
Agreement (the “Agreement”) is a legal agreement between you and WERQ Fitness,
and governs your access to and use of this Website, the materials contained within,
and your activities as a homeWERQ member.
Payment of the membership
fee pursuant to this Agreement and/or completing the click-through process
required to accept this Agreement shall be effective as an original signature
and constitutes your acceptance to the terms hereof. You acknowledge that you
have read and understand this Agreement (and our Privacy Policy, which is
incorporated herein by reference) in its entirety and that this Agreement may
be modified at our discretion. Such changes may be affected by WERQ Fitness’s posting
of a change notice or new agreement on the Website. Such modified terms are
deemed incorporated herein. WERQ Fitness will make commercially reasonable
efforts to notify you of all modifications prior to implementation. The
enforceability of such changes is not contingent upon actual notification,
provided that WERQ Fitness has posted the changes on the Website. In the event you
do not agree to abide by the terms of the Agreement, as modified, your sole
remedy is to terminate this Agreement. You must monitor the Website for changes
to this Agreement.
1.
ACCESS TO THE WEBSITE – MEMBERS
ONLY
This Website is
available to homeWERQ members only. In order to access the Website and WERQ
Content, you will first need a valid access code provided to you by WERQ
Fitness upon registration of your interest in receiving homeWERQ benefits.
Access codes are provided on an individual basis and may not be shared. You may
not gain access to the Website using someone else’s access code and you may not
share or distribute your access code to others. WERQ Fitness reserves the right
to deny Website access or membership to any person for any reason, even if a
valid access code is provided.
Upon entering your
access code, you will be required to create an account and provide certain
information (e.g., your name, email address, phone numbers).
When establishing an
account, you agree to: (a) provide complete and accurate information to WERQ
Fitness and allow WERQ Fitness to store and use your account information in
accordance with its Privacy Policy; (b) provide valid payment information to
process membership fees and other payments to WERQ Fitness; and (c) protect
your username and password, as well as any access codes or product codes
provided by WERQ Fitness, and not share them with others or permit any
unauthorized use of the WERQ Content. You certify and represent that you will
be the only person accessing your account and using the WERQ Content for which
you have registered and that any further agreements or certifications required
by WERQ Fitness in connection with the foregoing will be completed only by you.
2.
MEMBERSHIP BENEFITS; FEES
AND RENEWAL
In order to access
this Website and the WERQ Content, you must become a member and pay the
required membership fees. Membership benefits include:
·
Access to the Website and WERQ
Content, including instructional videos and dance choreography workouts.
Memberships are
provided on a month-to-month or yearly basis, the fees for which are stated elsewhere
on this Website. Membership fees are subject to change, and WERQ Fitness
reserves the right to establish, revise, modify and amend its billing
practices, methods and fees. You may cancel your membership at any time, however,
all membership and set-up fees are non-refundable except as expressly set
forth in this Agreement. Upon cancellation, you will no longer have access
to the Website or membership benefits. Taxes may apply on either or both of the
subscription fee and any merchandise available for purchase on the Website.
UNLESS YOU NOTIFY US
BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU
UNDERSTAND YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US
(WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE
THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY CREDIT CARD OR PAYMENT
METHOD WE HAVE ON RECORD FOR YOU.
You may not transfer
or assign your membership or any membership benefits, including access to the
Website and WERQ Content. Members are not permitted to purchase WERQ Content
for the purpose of resale, rental or distribution to others. From time to time,
WERQ Fitness may choose in its sole discretion to add or remove membership benefits,
including certain WERQ Content.
Failure to make
timely payments due hereunder is a material breach permitting WERQ Fitness to
suspend your account, deny membership benefits and/or terminate this Agreement.
3.
PROPRIETARY RIGHTS
(a)
WERQ Content. The “WERQ Content” consists of certain content and
materials made available on the Website and licensed to you on a limited basis under
the terms of this Agreement, including manuals, documentation, instructional
videos, workouts, and dance choreography routines (and visual representations
thereof).
(b)
WERQ Trademarks. The “WERQ Trademarks” consist of all trademarks,
service marks, trade names, trade dress, logos, designs and slogans used or
licensed by WERQ Fitness with its business, and the family of WERQ trademarks,
including without limitation, the marks WERQ, WERQ Fitness, WERQaholics, WERQforce,
TeamWERQ, HomeWERQ and the WERQ stylized star logo. The “WERQ Licensed
Trademarks” consist of a subset of the WERQ Trademarks that are licensed to you
under the terms of this Agreement.
(c)
Ownership. As between you and WERQ Fitness, the WERQ Content, WERQ
Trademarks and all other content and materials included on or comprising the
Website or distributed to you in connection with the WERQ Fitness certification
process (collectively, “WERQ IP”) are owned by WERQ Fitness or its licensors.
All other trademarks, service marks, trade names and logos used on the Website,
with or without attribution, are the property of their respective owners. You
acknowledge and agree that the WERQ IP constitutes intellectual property and
proprietary material that is owned or licensed by WERQ Fitness and protected by
copyrights, trademarks, service marks, patents,
trade secrets or other proprietary rights and laws of the United States and
similar laws of other jurisdictions. WERQ Fitness reserves all rights not
expressly granted herein, including without limitation, all intellectual
property rights or other proprietary rights, in connection with the WERQ IP. You
acknowledge and agree that you shall not acquire any ownership rights
whatsoever to the WERQ IP by virtue of your status as a homeWERQmember or by using
or accessing the Website. You agree to abide by all copyright notices and
restrictions contained on this Website and any other documentation provided by
WERQ Fitness related thereto.
4.
ADDITIONAL RESTRICTIONS ON USE
OF WERQ CONTENT AND TRADEMARKS
The following
additional terms and conditions apply to your use of the WERQ Content and Licensed
Trademarks:
·
You may not manufacture, create or
sell (or authorize others to do the same) any items or merchandise (e.g.,
apparel items) bearing the WERQ IP or any derivations thereof.
·
Your use of the WERQ Content and
Trademarks cannot imply an affiliation with any third party, including an
implied affiliation with any brand, organization or company, and/or with any
individual not licensed hereunder.
·
Instructional videos and other
WERQ Content are provided for your personal use for the purpose of working out
at home or on-the-go. WERQ Content may not be downloaded, shared, or
distributed to others. You may not play the WERQ Content as part of a class or
publicly perform any WERQ video, including your own classes.
·
You may not film, record, stream
live video, create DVDs or reproduce in any manner WERQ classes, or otherwise
imitate WERQ choreography or music.
·
Your membership does not
include a License to teach WERQ classes privately or publicly for individuals
or groups of people in-person or online.
5.
MERCHANDISE
All purchases made through
the Website for the sale of merchandise (e.g., WERQ Fitness branded apparel and
promotional items) are governed by our Terms of Sale, which can be found on our
main customer site https://shop.werqfitness.com/pages/terms-of-service and which are incorporated herein by reference.
6.
CONFIDENTIALITY
All
Confidential Information disclosed by WERQ Fitness shall remain the property of
WERQ Fitness.
7.
TERM AND TERMINATION
WERQ Fitness may
immediately terminate this Agreement and your homeWERQ membership at any time,
with or without cause, by giving you written notice. Upon termination by WERQ
Fitness without cause, any membership fees paid but not used will be returned
to you on a prorated basis.
(a)
For Cause. WERQ Fitness has the right to terminate this
Agreement upon written notice in the event you breach this Agreement or as a
result of any action or conduct by you that WERQ Fitness deems detrimental to
the WERQ IP, the WERQ brand or the goodwill associated therewith. WERQ Fitness
may, in its discretion, provide you with an opportunity to cure any breach
prior to termination. Upon termination for cause, any fees paid to WERQ Fitness
but not used will not be returned to you.
(b)
Effect of Termination. Upon termination for any reason, you will no longer
have access to the Website or any membership benefits, and any licenses granted
to you under this Agreement are immediately terminated. In addition, you must
immediately (i) discontinue use of the WERQ IP, including the WERQ Content,
WERQ Licensed Trademarks, instructional videos, choreography and related WERQ
branding elements; (ii) comply with this Agreement regarding the return to WERQ
Fitness of any WERQ Content and Confidential Information; and (iii) cease any
action that would cause confusion regarding your affiliation with WERQ Fitness
or the WERQ IP. All rights in the WERQ IP and the goodwill associated therewith
remain the exclusive property of WERQ Fitness. In no event will WERQ Fitness be
liable to you or anyone else as a result of termination of this Agreement.
8.
UNAUTHORIZED USE OF THE
WEBSITE
You agree not to (a)
use the Website for any use or purpose other than as expressly permitted by this
Agreement; (b) copy, adapt, modify,
prepare derivative works based upon, distribute, license, sell, transfer,
publicly display, publicly perform, transmit, stream, broadcast or otherwise
exploit the Website, WERQ Content or any portion thereof, except as expressly
permitted in this Agreement; (c) use the Website for creating a product,
service or software that is, directly or indirectly, competitive with or in any
way a substitute for the Website; (d) remove any proprietary notices or labels
in the Website; (e) use automation software, bots, hacks, mods or any
unauthorized third party software designed to modify or interfere with the
Website; (f) gain unauthorized access to the Website, other users’ accounts,
names, passwords, personally identifiable information or other computers or
website; (g) modify, disrupt, impair, alter or interfere with the use,
features, functions, operation or maintenance of the Website or the rights of
use and enjoyment of the Website by any other person, firm or enterprise; (h)
send or transmit junk e-mail, chain letters, duplicative or unsolicited
messages, surveys, contests, pyramid scheme, or so-called “spamming” and
“phishing”; or (i) use the Website in any manner which violates or is
inconsistent with the terms and conditions of this Agreement. No licenses or
rights are granted to you by implication or otherwise under any intellectual
property rights owned or controlled by WERQ Fitness or its licensors, except
for the permissions and rights expressly granted in this Agreement.
WERQ Fitness reserves
the right to refuse any user access to
the Website without notice for any reason, including, but not limited to, a
violation of this Agreement.
9.
THIRD PARTY SERVICES
The Website may
provide you with links or other access to other websites, services, products or
content of third parties, including the Other Platforms, as defined in Section 11
below (“Third Party Sites”). We have no control over, and do not necessarily
endorse, any Third Party Site’s services, products or content. You acknowledge
and agree that you access such Third Party Sites at your own risk and are
wholly responsible for making your own independent judgment regarding your use
or interaction with the same. We recommend that you read the terms of use and
privacy policies of each Third-Party Site that you access.
10.
USER SUBMISSIONS
You may
be able to post content in certain areas on the Website or on other websites or
platforms that we own or operate, including on social media platforms such as
Facebook, Instagram, Twitter and Pinterest (“Other Platforms”), subject to the
terms of this Agreement, including with respect to the WERQ Content and
Trademarks. You are solely responsible for any content (including, without
limitation, photos, artwork, videos, text, graphics, and other information) you
upload, post, display or otherwise provide to us through the Website or Other
Platforms (“User Content”). We take no responsibility for, and assume no
liability for, any User Content posted by you or any other party. Any User
Content you post or provide, including any questions, reviews, comments and
suggestions, will be treated as non-confidential and non-proprietary.
By
sharing User Content with us, you grant WERQ Fitness a worldwide, royalty-free,
perpetual, irrevocable and transferable right to use, copy, reproduce, perform,
distribute, display, publish, sell, and create derivative works of, the User
Content, and to grant and authorize sub-licensees of the foregoing.
Additionally, we shall be free to use any ideas, suggestions, concepts,
know-how or techniques contained in such User Content for any purpose
whatsoever, including, without limitation, developing, manufacturing and
marketing products and services which incorporate such User Content.
11.
DISPARAGEMENT
You agree not to make
any unsavory remarks or comments and/or create any materials or content that WERQ
Fitness determines, in its discretion, dilutes, disparages, or is detrimental
to the WERQ IP, the WERQ brand or the goodwill associated therewith. You agree
to promptly comply with any instructions from WERQ Fitness, including the
removal, deletion or withdrawal of such remarks, content or materials.
12.
DISCLAIMER OF WARRANTY AND
LIMITATION OF LIAIBILITY
WERQ Fitness makes
no representations or warranties, express or implied, with respect to the Website,
WERQ Content, WERQ Trademarks, or any WERQ-related products or services,
including warranties of fitness, merchantability or non-infringement. Under no
circumstances, or legal or equitable theory, whether in tort, contract, strict
liability or otherwise, will WERQ Fitness be liable to you or any other person
for any indirect, special, incidental or consequential losses or damages of any
nature arising out of or in connection with this Agreement, including damages
for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of
results, or computer failure or malfunction, even if an authorized
representative of WERQ Fitness has been advised of or should have known of the
possibility of such damages. WERQ Fitness makes no representation that the
operation of the Website will be uninterrupted or error-free. WERQ Fitness is
not liable for the consequences of any interruptions or errors, although WERQ
Fitness will make commercially reasonable efforts to correct errors or
interruptions. In no event will WERQ Fitness be liable for any damages in
excess of the membership fees paid by you to WERQ Fitness during the six-month
period preceding the date on which a claim arises.
WERQ Fitness is not
engaged in rendering medical, legal or other professional advice. The Website,
WERQ Content and any other WERQ-related materials are educational aids and not
intended to take the place of such advice. If medical advice or other expert
assistance is required in connection with your WERQ classes or events, the
service of a competent professional should be sought. You must ensure that you
comply with all applicable laws, regulations and ordinances governing the instruction
of children in the country, state and locality where you teach. You release
from liability, and hold harmless WERQ Fitness (and other indemnified parties
listed in Section 14) for any accident, injury, illness, death, loss, damage to
person or property, or other consequences suffered by any person arising or
resulting from your provision of any WERQ-related classes or services. If you
are injured providing such services, you assume any financial obligations for
any medical costs you may incur. WERQ Fitness assumes no responsibility for any
medical expenses, injury, or damages suffered by you, or your students, in
connection with the provision of WERQ-related services or otherwise.
Without
limiting the forgoing, WERQ Fitness makes no representations or warranties and
assumes no liability regarding the background, suitability or qualifications of
who may participate in WERQ classes or other live events, whether as providers
(independent contractors who serve as instructors or trainers, staff of the facility
or other non-employees of WERQ Fitness present at such events) or as recipients
of the WERQ Fitness’s products or services. Participants are solely responsible
for making their own inquiries regarding the suitability of such individuals.
13.
INDEMNIFICATION
You agree to indemnify
and hold harmless WERQ Fitness, its affiliated entities, directors, officers,
employees, agents, contractors, principals, licensors, and suppliers
(“Indemnified Parties”) from any and all losses, liabilities, damages and
expenses (including attorneys’ fees and costs) as a result of any claims,
demands, actions or other proceedings made or instituted by a third party arising
out of (a) any criminal and/or negligent acts by you; (b) breach by you of this
Agreement; (c) any action taken by WERQ Fitness to protect its intellectual
property, including suspension or termination of your access to the Website; or
(d) other act or omission of homeWERQ member.
14.
GENERAL PROVISIONS
(a)
Parties’ Relationship. Your relationship with WERQ
Fitness is that of an individual consumer of services. Nothing herein shall be
construed as creating any partnership, joint venture, agency, franchise, sales
representative or employment relationship between the parties, nor shall WERQ
Fitness be deemed to be acting in a fiduciary capacity with respect to you. You
have no authority to make or accept any offers or representations on behalf of WERQ
Fitness or to act for or bind WERQ Fitness in any manner. You must not make
statements or take actions that may contradict the relationship set forth
herein or confuse or mislead any person regarding the nature of the parties’ relationship.
(b)
Assignment. You may not assign (whether by operation of law or
otherwise), transfer or delegate your rights or obligations under this
Agreement without the prior written consent of WERQ Fitness. WERQ Fitness reserves
the right to assign this Agreement and its rights and obligations hereunder as
it deems appropriate. All the terms and provisions herein will be binding upon
and inure to the benefit of the parties, their successors, assigns and legal
representatives.
(c)
Choice of Law and Forum
Selection. This Agreement will be
subject to and interpreted in accordance with the laws of the State of Illinois
as if executed and wholly to be performed therein. Jurisdiction for litigation
of any dispute, controversy, or claim arising out of or in connection with this
Agreement shall be exclusively in a federal or state court having subject
matter jurisdiction located in Clay County, Missouri. The prevailing party in
any such action is entitled to recover its attorneys’ fees and costs.
(d)
Entire Understanding and
Enforceability. This Agreement
contains the entire understanding of the parties concerning the subject matter
hereof, and shall not be modified except by a written instrument signed by the
party to be bound. Any waiver, in whole or in part, of any provision of this
Agreement will not be considered to be a waiver of any other provision. If any
portion of this Agreement is held invalid or unenforceable, that portion shall
be construed in accordance with applicable law as nearly as possible to reflect
the original intention of the parties, and the remainder of the Agreement shall
remain in full force and effect.
(e)
Compliance. WERQ Fitness reserves the right to take steps it
believes are reasonably necessary or appropriate to enforce and/or verify
compliance with any part of this Agreement. You agree that the WERQ Fitness has
the right, without liability to you, to disclose any registration data and/or
account information to law enforcement authorities, government officials or a
third party, as WERQ Fitness believes is reasonably necessary or appropriate to
enforce and/or verify compliance with any part of this Agreement.
15.
CONTACTING US
All
notices must be sent to WERQ Fitness at the following mailing or email address.
If you have any questions about this Agreement or Website, please contact us at:
WERQ
Fitness, LLC
1520 Clay
St, Suite C1
Kansas
City, Missouri 64116
Email: info@werqfitness.com
PRIVACY POLICY – homeWERQ Member
This Privacy Policy was last updated on March
31, 2020.
This Privacy Policy
sets forth how WERQ Fitness, LLC (“WERQ Fitness,” “we,” or “us”) will collect,
use and share information in connection with your use of this Website and in your activities as a homeWERQ member.
Payment of the membership
fee pursuant to the homeWERQ and Membership Agreement (“Agreement”) and/or
completing the click-through process required to accept this Privacy Policy shall
be effective as an original signature and constitutes your acceptance to the
terms hereof. You acknowledge that you have read and understand this Privacy
Policy in its entirety and that this Privacy Policy may be modified at our
discretion. Such changes may be effected by WERQ Fitness’s posting of a change
notice or new Privacy Policy on the Website. Such modified terms are deemed
incorporated herein. WERQ Fitness will make commercially reasonable efforts to
notify you of all modifications prior to implementation. The enforceability of
such changes is not contingent upon actual notification, provided that WERQ
Fitness has posted the changes on the Website. You must monitor the Website for
changes to this Privacy Policy.
If you access or
login to the Website using a third party Social Networking Service (“SNS”),
such as Facebook, Twitter or Google+, you may be required to also read and
accept the terms of service and privacy policy of that SNS.
1.
INFORMATION WE COLLECT
We may
collect both Personal and Non-Personal Information. Personal Information is
defined as information about you that can be used to contact or identify you
such as your name, e-mail address, home address, telephone number, biography
and photograph. Personal Information does not include aggregate information,
which is data we collect about the characteristics and activities of users of
the Website, from which any Personal Information has been removed. Non-Personal
Information does not identify you personally and can include age, gender and
interests.
· Information About You Received From an SNS. We may allow you to access or login to the Website
using a SNS, in which case you are allowing WERQ Fitness access to the Personal
Information you have provided to that SNS. The information shared varies from
service to service and is also controlled by the privacy settings you
established at the SNS. The information we collect when you access the Website
on an SNS may include: your first and last name, your user ID, the user IDs of
your friends, your profile picture, your locale, city, state and country, your
e-mail address, your gender and your birthdate. By using the Website through an
SNS, you are authorizing WERQ Fitness to collect, store, and use in accordance
with this Privacy Policy any and all information that you agreed the SNS could
provide to WERQ Fitness.
· Information You Give To Us Directly On the Website. When you interact with the Website (whether or not
on an SNS), we may collect, store, and use information from you directly that
you voluntarily provide to us. For example, we may allow you to register with
us by creating an account or profile within the Website, in which case you may
be required to provide certain identifying information, such as your name,
address, age, biographical information, photograph, e-mail address, a password
and other information that helps us confirm that it is you accessing your
account. In addition, you may voluntarily submit personal information when you,
for example, make a purchase, sign up for newsletters, send us feedback, or
post on our Facebook fan page.
·
Information You Give To Us
Directly Outside the Website. This
Privacy Policy also covers information you provide to us outside the Website in
connection with your activities. For example, you may be required to fill out
forms and provide information to us during the WERQ certification process and
other WERQ-related activities.
·
Payment Information. Because we use a third-party payment service to
process transactions on the Website (e.g., for membership fees and purchases of
merchandise), we generally do not collect sensitive payment information, such
as your credit card number. We may, however, collect and use information
related to your purchases and purchase history.
· Technical Usage Information and Cookies. Log Data and Mobile Devices. When you use
the Website, our servers may record information that your browser sends
whenever you visit a website (“Log Data”). This Log Data may include
information such as your computer’s Internet Protocol (“IP”) address, browser
type or the webpage you were visiting before you came to the Website, pages of
the websites involved in the Website that you visit, the time spent on those
pages, information you search for, access times and dates, and other
information. If you access the Website from a mobile or other device, we may
collect a unique device identifier assigned to that device or other
transactional information for that device, such as your device type and
operating system. Cookies and Local Storage. We may also use cookies
and other tracking technologies (including but not limited to browser cookies,
pixels, beacons, and Adobe flash technology), which are comprised of small bits
of data that often include an anonymous unique identifier. Websites send this
data to your browser when you first request a web page and then store the data
on your computer so the website can access information when you make subsequent
requests for pages from that Website. These technologies may be used to collect
and store information about your usage of Website, such as pages you have
visited and search queries you have run. Information contained in a cookie may
also be linked to your Personal Information for purposes such as improving the
quality of the Website and making the Website easier to use. You can disable cookies
at any time, although, if you do so, you may not be able to access or use the Website
or certain of its features.
· Customer Support Information. When you ask for assistance with the Website, we
will collect and store the contact information you provide (generally your name
and e-mail address), information about your activity on the Website, and your
user ID number, if applicable. We will also store and use the correspondence
and any information contained within.
2.
HOW WE USE AND SHARE YOUR
INFORMATION
WERQ Fitness does not share
your Personal Information with third parties except as approved by you or as
described below.
· To Provide and Manage the Website. We use the information we collect from and about
users to provide the Website and features to you, including to analyze and
improve those services and features; to personalize your experience by
delivering relevant content, advertising, and marketing messages; to process
payments and orders; to allow you to comment on the Website; and to provide you
with customer support and respond to inquiries. We may combine Personal
Information with Non-Personal Information and use this combination in an effort
to improve your experience or to aggregate it with information collected from
other users to improve or analyze our Website. This privacy policy in no way
limits or restricts our collection of aggregate information or of Non-Personal
Information.
· To Allow Third-Parties to Assist Us In Providing and
Managing the Website. We may make
your non-public Personal Information available to certain third party service
providers, such as contractors, agents, or sponsors, who help us manage or
provide the Website by, for example: developing or supporting products and
features; conducting e-mail marketing on our behalf; managing newsletters; web-hosting;
processing payments; administering message boards; fulfilling orders; or processing
data and statistics. These outside service providers are required to protect
non-public Personal Information entrusted to them and not use it for any other
purpose than the specific services they are providing to WERQ Fitness.
· To Contact You.
We are committed to providing you with the best possible user experience and,
therefore, one of the key uses of your Personal Information is to communicate
with you. We may periodically contact you in connection with customer support
inquiries and to alert you as to the status of your account. We may also
contact you by e-mail for research purposes so that we can continually improve
and update the Website based on your input. We may also send promotional e-mail
directly or in partnership with parties other than WERQ Fitness to provide you
with special offers and other services. If you want to stop receiving
promotional materials from WERQ Fitness or its partners, follow the unsubscribe
instructions at the bottom of each party’s e-mail. There are certain service
notification e-mails that you may not opt-out of as long as you are registered
with the Website, such as notifications of changes to the Website or policies.
· To Deliver Relevant Advertising. We may use the information you provide to us, and
information we collect about your use of the Website through cookies and other
technologies, to assist us in delivering you relevant ads when you use the Website.
We may work with third party advertising networks and advertisers who help
deliver these ads to you. We do not share your non-public Personal Information
with these third parties, but we may share anonymized or aggregated information
with them to improve the relevancy of the ads you see on the Website. As noted
above, these third party advertising networks and advertisers may also use
cookies and similar technologies to collect and track Non-Personal Information
such as demographic information, aggregated information, and Internet activity
to assist them in delivering advertising that is more relevant to your
interests.
· Legal Matters; Safety. We may, without your consent, access and disclose
your information, any communications sent or received by you, and any other
information that we may have about you as may be permitted or required by law
(including, but not limited to, court order or subpoena), or to prevent or
investigate suspected fraud, violations of our Agreement or this Privacy
Policy, or activity that appears to us to be illegal or may expose us to legal
liability.
· Sale or Transfer of Assets. If WERQ Fitness sells all or part of its business
or makes a sale or transfer of its assets or is otherwise involved in a merger
or transfer of all or a material part of its business, WERQ Fitness may
transfer your Personal Information to the party or parties involved in the
transaction as part of that transaction.
3.
POLICY REGARDING CHILDREN
The Website is not intended
for children under the age of 13, and we do not knowingly collect Personal
Information from children under 13 years of age. In the event that we learn
that we have inadvertently gathered personal information from children under
the age of 14, we will take reasonable measures to promptly erase such
information from our records.
4.
USER CONTROL AND RETENTION
OF DATA
To the extent the
Website allows you to create an account with us directly (not through an SNS),
you may access and change your account information by visiting your account
page and making the desired changes. To manage the information we receive about
you from an SNS, you will need to follow the instructions at that service for
updating your information and changing your privacy settings. Once we receive
your information from an SNS, that information may be stored and used by us in
accordance with this Privacy Policy.
We may retain
information collected from you, including Personal Information, for a
reasonable period of time after you have ceased using the Website or removed
your account, for the purpose of providing and improving the Website, for
analytical and recordkeeping purposes and integrity, as well as to prevent
fraud, resolve disputes, enforce the Agreement or other policies, take actions
we deem necessary due to technical and legal requirements and constraints
related to the security, integrity and operation of the Website. In addition,
if certain information has already been provided to third parties as described
in this Privacy Policy, retention of that information will be subject to those
third parties’ policies.
5.
THIRD PARTIES
The
Website may contain links to or from the websites of companies other than WERQ
Fitness. We are not responsible for the privacy practices or the content of
such websites. If you have any questions about how these other websites use
your information, you should review their policies and contact them directly.
6.
CALIFORNIA PRIVACY RIGHTS
Under
California law, California residents who have an established business
relationship with us may choose to opt out of the disclosure of Personal Information
about them to third parties for such third parties’ direct marketing purposes.
Our policy is not to disclose Personal Information collected online to a third
party for direct marketing purposes without your approval. If you choose to
opt-out at any time after granting approval, please send an e-mail WERQ Fitness
using the contact information below.
7.
CONTACTING US
If you have any questions
about this Privacy Policy, please contact us at:
WERQ
Fitness, LLC
1520 Clay
St, Suite C1
Kansas
City, Missouri 64116
Email: info@werqfitness.com
