1. Use of the Services and Your Account

1.1 Who can use the MyFitBook Services

You must be at least 13 to use MyFitBook services. If you are between the ages of 13-18, you may use our other Services only with the supervision and consent of a parent or guardian. No individual under these age limits may use the Services, provide any Personal Data to MyFitBook, or otherwise submit Personal Data through the Services (e.g., a name, address, telephone number, or email address).

1.2 Your Account

You may need to create the MyFitBook account to access or use certain services, and it’s important that information associated with your account is accurate and up-to-date. Otherwise, some of our Services may not operate correctly, and we may not be able to contact you with important notices.

You may need to register for the MyFitBook account to access or use certain Services. Your account may also automatically provide you access and means to use any new Services.

You are responsible for maintaining the confidentiality of any and all actions that take place while using your account, and must notify our Support Team though email right away of any actual or suspected loss, theft, or unauthorized use of your account or account password. We are not responsible for any loss that results from unauthorized use of your username and password.

1.3 Service Updates, Changes and Limitations

Our services are constantly evolving. With the launch of new services and features, we need the flexibility to make changes, impose limits and occasionally suspend or terminate certain Services. We may also update our Services, which might not work efficiently if you don’t install the updates.

The Services change frequently, and their form and functionality may change without prior notice to you.

We may provide updates (including automatic updates) for certain Services as and when we see fit. This may include upgrades, modifications, bug fixes, patches and other error corrections and/or new features. You acknowledge and agree that the Service may not work properly if you do not allow such Updates and you expressly consent to automatic Updates. Further, you agree that the Terms (and any additional modifications of the same) will apply to any and all Updates to the Services. We may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content. In addition, we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of any Service. We may also impose limits on certain Services or restrict your access to part or all of the Services without notice or liability. 

1.4 Service Monitoring and Suspension

We reserve the right to refuse to provide the services to anyone. And can monitor, terminate or suspend your account or access to the services at any time. We have no obligation, to monitor any accounts and/or activities conducted through or in any way related to the Services (including inviting a fellow user into a community or group), as well as any user's use of or access to Personal Data, and profiles of other users.

We may also deactivate, terminate or suspend your account or access to certain Services at any time: (1) if we, in our sole discretion, determine you are or have been in violation of these Terms or the spirit thereof (as highlighted in our Community Guidelines), (2) if we, in our sole discretion, determine you have created risk or possible legal exposure for MyFitBook, the general public, any third party, or any user of our Services, (3) in response to requests by law enforcement or other government agencies, (4) upon discontinuation or material modification of any Services, or (5) due to unexpected technical issues or problems. We will endeavor to notify you by email or the next time you attempt to access your account after any such deactivation, termination or suspension.

1.5 Security

We care about the security of our users. While we work hard to protect the security of your Personal Data, User-Generated Content, and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify our Support Team immediately of any actual or suspected breach or unauthorized access or use of your account.

2. Ownership and Use of Content

2.1 Contents

MyFitbook has below types of contents:

• "Content" means any form of information, data or creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, tools, text, ideas, communications, replies, "likes," comments, software, scripts, executable files, graphics, maps, routes, geo-data, workouts and workout data, biometric data and data elements derived therefrom, training plans, sleep activity, annotations, nutrition information, recipes, interactive features, designs, copyrights, trademarks, service marks, branding, logos, and other similar assets, patents, sounds, applications and any intellectual property therein, any of which may be generated, provided, or otherwise made accessible on or through the Services.
• "User-Generated Content" means any Content that a user submits, transfers, or otherwise provides to or through the use of the Services.
• "UA Content" means all Content that is not User-Generated Content.

2.2 Ownership

All UA Content and all copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on the Services belong to MyFitBook and/or its partners or applicable third parties. Each user retains ownership, responsibility for, and/or other applicable rights in the User-Generated Content that he/she creates, but grants a license of that User Generated Content to MyFitBook and/or other applicable rights in all UA Content. Except as expressly provided in the Terms, nothing grants you a right or license to use any UA Content, including any content owned or controlled by any of our partners or other third parties. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material presented through the Services unless specifically authorized in writing by MyFitBook.

2.3 Our License to You

We work hard to provide a great user friendly experience for our users, so please respect our intellectual property rights and only use the UA Content and Services as intended. This includes not using any UA Content or Services for commercial purposes without our written permission. we grant you a limited, revocable, personal, non-transferable, and non-exclusive right and license to access and use the Services and UA Content for your own personal, noncommercial purposes, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense, grant a security interest in, transfer or otherwise commercially exploit any right in the UA Content or Services.

2.4 Acceptable Usage Guidelines

UA Content. Except as expressly permitted by applicable law or authorized by MyFitBook, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, the Services' software, or any UA Content offered as part of the Services (other than User-Generated Content), in whole or in part. You shall not download, copy, or save UA Content, except (i) as expressly permitted by the functionality of certain Services (e.g., printed maps) as provided for in the specific guidelines and/or additional terms applicable to those Services, or (ii) solely for personal use or your records.

• Commercial Usage of the Services. MyFitBook services are intended only for your personal, non-commercial use. You shall not use the Services (other than certain Commercial Tools) to sell a product or service, increase traffic to your own website or a third-party website for commercial reasons (such as advertising sales), or otherwise undertake any endeavor aimed at deriving revenue. For example, you shall not take the results from a search of the Services and reformat and display them, or mirror our home pages or results pages on your website. Moreover, you shall not "meta-search" our Services. If you seek to make commercial use of the Services other than through the Commercial Tools, you must enter into an agreement with us to do so in advance. By using any of the Commercial Tools, you acknowledge and agree to the Terms and any additional terms and conditions applicable to those select Services.
• Linking to the Services. If you would like to link to our Services on your website or application, please follow these rules:

1. Any link to the Services must be a text only link clearly marked "MyFitBook" (without the use of any other trademark, logo copyright or any other intellectual property asset owned or controlled by MyFitBook) or in some other format directed by MyFitBook.
2. The appearance, position and other aspects of the link may not damage or dilute the goodwill associated with our marks.
3. The link must "point" to the root domain name of the Services and not to other pages within the Services.
4. The appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with MyFitBook.
5. When selected, the link must display the Service on full-screen and not within a "frame" on the linking website or service.
6. MyFitBook reserves the right to revoke its consent to the link at any time and in its sole discretion, and upon our notification to you of such revocation of consent, you agree to promptly remove the relevant link.

2.5 Your License to Us

When you provide User-Generated Content to MyFitBook though our services, you grant MyFitBook and our users a non-exclusive, irrevocable, royalty-free, freely transferable, sub licensable, worldwide right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform to the requirements of any networks, devices, services, or media through which the Services are available), commercialize, create derivative works of, and otherwise exploit such User-Generated Content in connection with any and all Services. You acknowledge and agree that: (a) we have the right to arrange the posting of User-Generated Content in any way we desire; (b) MyFitBook has no obligation to provide you with any credit when using your User-Generated Content, but if MyFitBook chooses to provide you with credit, the size and placement of the credit is at our sole discretion; and (c) you are not entitled to any compensation or other payment from us in connection with the use of your User-Generated Content.

The rights you grant in this license are for the limited purposes of allowing MyFitBook to operate and allow other users to use the Services in accordance with their functionality, improve the Services, and develop new Services. Notwithstanding the above, we will not make use of any of your User-Generated Content in a manner that is inconsistent with the privacy settings you establish within our Services.

We reserve the right to monitor, remove or modify User-Generated Content for any reason and at any time, including User-Generated Content we believe violates these Terms, the Community Guidelines, and/or our policies.

You agree you will respect the intellectual property rights of others. You represent and warrant you have all the necessary rights to grant MyFitBook the foregoing license for all User-Generated Content you submit in connection with the Services and will indemnify us for any breach of this representation and warranty.

2.6 Spreading the Word

We hope you enjoy using our Services and encourage you to share your enthusiasm for them with your friends. If you elect to use the features in our Services to tell a friend about the Services, we will ask you to provide your friend's email address or social media profile, which we may then use to contact your friend about the Services. We may store the information you provide for a period of time, but we will not post this information publicly. You represent and warrant that you are authorized to provide any third-party contact information that you provide to us for referrals and will indemnify us for any breach of this representation and warranty.

Note: if you share someone else’s personal information with us, you must first get their permission.

2.7 Content Retention

Following termination of your account, or if you remove any User-Generated Content from the Services, we may retain your User-Generated Content for a commercially reasonable period of time for backup, archival, or audit purposes, or as otherwise required or permitted by law. Furthermore, MyFitBook and its users may retain and continue to use, store, display, reproduce, share, modify, create derivative works, perform, and distribute any of your User-Generated Content that otherwise has been stored or shared through the Services. Accordingly, note that the above license to your User-Generated Content continues even if you stop using the Services. When you post something publicly, others may choose to comment on it, making your Content part of a social conversation.

Note: When you make something publicly available on the internet, it becomes practically impossible to take down all the copies of it in the future.

3. Community Guidelines

3.1 Interactive Areas

Some of our Services may include voting, discussion, forums, conversation pages or other interactive areas or social features that allow you and other users to post User-Generated Content and interact with one another. You are solely responsible for your use of the Interactive Areas and for any User-Generated Content you post, including the transmission, accuracy and completeness of the User-Generated Content. As the Interactive Areas are often public, you understand your User-Generated Content may be made and remain public. You should, accordingly, never post any Personal Data in an Interactive Area. We are entitled, but have no obligation, to monitor our community features. You are solely responsible for your interactions with other users, whether online or in person, including but not limited to comments, challenges, and friendly competition. We assume no responsibility or liability for any loss or damage resulting from any interaction with other users who employ the Services, individuals you meet through the Services or individuals who find you because of Content posted on, by or through the Services. MyFitBook is under no obligation to become involved in and disclaims all liability related to any disputes between its users and you release MyFitBook from all responsibility and liability arising out of or in connection with such dispute.

3.2 Community Guidelines

Our Services are intended to create a safe and supportive community for all users. To maintain a safe and positive environment, we require everyone to agree to and follow certain rules when posting User-Generated Content and using the Services. Our Community Guidelines are based in many instances on principles of applicable law. Violations of our Community Guidelines accordingly may expose you to criminal charges and civil liability. By using the Services you agree that your User-Generated Content and use of the Services, including without limitation the Interactive Areas, will not violate the Community Guidelines. If you violate the Community Guidelines, we reserve the right to terminate your access to the Services.

3.2.1 No Inappropriate Content:

Don't post Content that is stalking, threatening, hurtful, harassing, abusive, or embarrassing to other members of the community. No derogatory references to sex, gender, age, weight, body type, disability, ethnicity, religion, or sexual orientation, or endorsement of violence against any person or group, even if couched in humor, will be permitted. This includes expressing stereotypes about any group or community. Don't post Content that is defamatory, obscene, pornographic, offensive, hateful, inflammatory, or that promotes sexually explicit material. You can respectfully disagree with a message, post or topic, but please do not attack other users by mocking or insulting them. If you are attacked by another user, and you reciprocate, you may also be subject to the same consequences.

3.2.2 No Hijacking, Trolling, or Flame-baiting:

If you are participating in our forums, please stay on-topic in an existing thread, and post new threads in the appropriate forum. Taking a thread off-topic is considered hijacking. This includes posts that provoke or are intended to incite uproar.

3.2.3 No Promotion of Unsafe Weight-Loss Techniques or Eating Disorders:

Use of the Services to promote, glamorize, or achieve dangerously low levels of eating is not permitted. Accordingly, please do not contribute the following types of Content, which may be removed without warning:

• Content intended to promote potentially unsafe or controversial weight loss products or procedures, including non-medically prescribed supplements.
• Profiles, groups, messages, posts, or wall comments that encourage anorexia, bulimia, or very low calorie diets. This includes positive references to ana/mia, purging, or self-starving.
• Photos intended to glamorize extreme thinness.

3.2.4 No Harm to Minors:

Don't use the Services in a way that harms minors (or anyone, really).

3.2.5 No Disruptions, Exploits, or Resource Abuse: 

Do not interfere with or damage operation of the Services, including through unauthorized use, disruption, automated attacks, exploitation, or abuse of our resources

3.2.6 No Sending Spam and Junk Mail: 

Don't spam people via posts, replies, or messages

3.2.7 No Illegal Content: 

Don't advocate, promote, or assist any fraudulent or illegal act (e.g., violence, impersonation and computer misuse).

3.2.8 No Soliciting Personal Data: 

Please don't post or solicit Personal Data regarding or from any third party, including photographs, telephone numbers, street addresses, last names, email addresses and passwords in the Interactive Areas.

3.2.9 No Public Posting of Private Conversations:

Don't publicly post an email or private message from any other user, moderator or administrator.

3.2.10 No Breach of Legal Duty: 

Don't post Content in breach of any contractual or other legal duty owed to a third party.

3.2.11 No Deceptive or Fraudulent Links: 

Don't post deceptive or fraudulent links. This includes links with misleading descriptions, putting the wrong "source" field in a post, setting misleading click-through links on images, or embedding links to interstitial or pop-up ads.

3.2.12 No Intellectual Property Infringement: 

Respect the intellectual property of others. If you aren't allowed to use someone else's proprietary work or likeness (either by license or by legal exceptions and limitations such as fair use), please don't post it. In particular, if you have any reason to believe User-Generated Content you see on our Services is infringing your intellectual property or the intellectual property of others, please see the Intellectual Property/DMCA section of our Terms.

3.2.13 No Impersonating MyFitBook or Others: 

Do not post Content that is likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person, including with MyFitBook. Creating an account for the purposes of deceiving other users or to work around a suspension is not permitted and will be grounds for a permanent ban from the Services.

3.2.14 No Automated Querying: 

Do not send automated queries of any sort to the systems and networks we use to provide the Services without our express written permission.

3.2.15 Other: 

Don't post Content that contains anything that, in MyFitBook’s sole determination, is objectionable or inhibits any other person from using or enjoying the Services, or that may expose MyFitBook or our users to any harm or liability of any kind. Don't post content that may damage or dilute the goodwill associated with MyFitBook or our marks.

If we determine you are violating the Community Guidelines or otherwise have breached the Terms, we may take actions to address the issue, including, but not limited to, terminating your right to use the Services, removing your User-Generated Content, taking legal action against you (in which case you agree that we may recover reasonable costs and attorneys' fees) or disclosing information to law enforcement authorities. We reserve the right to enforce, or not enforce, these Community Guidelines in our sole discretion, and they don't create a duty or contractual obligation for us to act in any particular manner.

4. Reporting Objectionable User-Generated Content

While we require all of our users to comply with the Community Guidelines and reserve the right to monitor for violations, we ultimately cannot guarantee all users will comply with the Community Guidelines or these Terms at all times. If you believe any Content submitted to our Services violates the Community Guidelines, or if you know or suspect someone is misusing your User-Generated Content, please report it to the Support Team. We have the right, but not the obligation, to review and take action or remove any User-Generated Content you report. You understand and acknowledge that when you access or otherwise use the Services, you may be exposed to User-Generated Content from a variety of sources, and we are not responsible for the accuracy, usefulness, safety, legality, appropriateness, or intellectual property rights of or relating to such User-Generated Content.

We are not responsible or liable for any injury or harm to you resulting from objectionable User-Generated Content or another user's failure to comply with our Community Guidelines.

5. Intellectual Property/ DMCA

If you believe User-Generated Content or UA Content infringes copyright or trademark under U.S. or other national law, please notify us immediately using the contact information provided herein. It is our policy to investigate any allegations of infringement brought to our attention. Please provide us with the following information in your notice of a suspected violation:

• Identification of the material being infringed.
• Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that we are capable of finding it and verifying its existence.
• Contact information for the notifying party (the "Notifying Party"), including name, address, telephone number, and email address.
• A statement that the Notifying Party has a good faith belief that the material is not authorized by the owner, its agent or law.
• A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the owner.
• A physical or electronic signature of a person authorized to act on behalf of the owner of the material that has been allegedly infringed.

Your notice must be signed (physically or electronically) and must be addressed as follows; you acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid. Some information provided in a notice of infringement may be forwarded to the user who posted the allegedly infringing content.

Copyright Agent
c/o MyFitBook, LLC.
1538 Lincoln Way, Apt #204,
Mclean, VA22102
myfitbookllc@gmail.com

6. Third Party Links and Services

6.1 Social Networking and Logins

You may enable or log in to the Services via various online third-party services, such as social media and social networking services like Facebook or Twitter ("Social Networking Services"). To take advantage of these features and capabilities, we may ask you to authenticate, register for, or log into Social Networking Services on the websites of their respective providers. As part of this integration, the Social Networking Services will provide us with access to certain information you have provided to them, and we will use, store, and disclose such information in accordance with our Privacy Policy. Please remember the way Third Party Services (including Social Networking Services) use, store, and disclose your information is governed solely by the policies of those Third Party Services, and we have no liability or responsibility for the privacy practices or other actions of any third-party website or service that may be enabled within the Services. In addition, we are not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available in connection with Social Networking Services. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Social Networking Services.

6.2 Third-Party Applications

You may be able to access certain third-party links, applications, content, services, promotions, special offers, or other events or activities via our Services. If you choose to access these Third-Party Applications, you may be requested to log-in and sync your accounts with such applications. You are in no way obligated to use any Third-Party Applications, your access and use of such applications is entirely at your own risk, and we have no associated liability. In addition, we are not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available by any Third-Party Applications. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Third-Party Applications.

6.3 Third Party Products

Our Services may be accessed on third-party devices or other products and your ability to use certain features of the Services may require you to purchase Third-Party Products (e.g., fitness trackers). While we may recommend, promote, or market the products of certain partners, we have no responsibility for your acquisition or use of any Third-Party Products, and we do not guarantee that Third-Party Products will function with the Services or will be error-free. We hereby disclaim liability for all Third-Party Products, including any Third-Party Products offered by our partners.

6.4 Third-Party Services, Activities, and Events

Our Services may include the ability to discover access or participate in certain services, activities, or events By way of example and not limitation, you can use the MyFitBook site to access information about and register for third party volunteer opportunities. Third-Party Activities are offered and provided by Third Parties, not MyFitBook. Your attendance at and participation in Third-Party Activities is solely at your own risk. MyFitBook will not be liable for any act, error or omission of any Third Party, including, without limitation, any which arises out of or is any way connected with a user's attendance, use of or participation in any Third-Party Activities initially discovered, booked or registered for via the Services, or the performance or non-performance of any Third Party in connection with the Services. MyFitBook is not an agent of any provider of Third-Party Activities.

7. Mobile Services

7.1 Wireless Carrier and Device Considerations

To use or access our applications, you will need a compatible device. We cannot guarantee the applications will be compatible with, or available on, your device. We do not charge for use of some basic applications; however, you may need to pay fees to use certain premium applications or features. Further, your phone company's normal messaging, data, and other rates and fees will still apply.

7.2 Text and Mobile Messaging Express Consents

By downloading or using our applications, you expressly agree we may communicate with you regarding transactions you have initiated on the Services or respond to your communications to us through the Services by SMS, MMS, text message, or other electronic means directed to your device and that certain information about your usage of the applications may be communicated to us automatically form your device. We will not send you direct messages of a marketing nature without your prior express written consent and you can opt out of receiving any marketing messages from us at any time.

7.3 Mobile Application License

We hereby grant you a limited, personal, non-exclusive, non-transferable, non-sub licensable, revocable license to use our applications downloaded directly from a legitimate marketplace, solely in object code format and solely for your personal use for lawful purposes. With respect to any open source or third-party code that may be incorporated in the applications, such open source code is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.

7.4 App Stores

If you download our applications from a third-party app store (the "App Provider"), you acknowledge and agree that:

• The Terms are an agreement between us, and not with the App Provider. As between MyFitBook and the App Provider, MyFitBook is solely responsible for its applications;
• The App Provider has no obligation to provide any maintenance and support services with respect to the MyFitBook applications;
• In the event of any failure of the MyFitBook applications to conform to any applicable warranty, (i) you may notify the App Provider and the App Provider may refund the purchase price for the applications to you (if applicable), (ii) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the applications, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be, as between MyFitBook and the App Provider, MyFitBook’s responsibility;
• The App Provider is not responsible for addressing any claims you have relating to the applications or your possession and use of the applications;
• If a third party claims an application infringes another party's intellectual property rights, as between the App Provider and MyFitBook, MyFitBook will be responsible for the investigation, defense, settlement and discharge of any such claim to the extent required by these Terms;
• The App Provider and its subsidiaries are third-party beneficiaries of these Terms as it relates to your license to the applications. Upon your acceptance of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the applications against you as a third-party beneficiary thereof; and
• You must also comply with all applicable third-party terms of service when using the applications.

8. Physical Activities and Dietary Guidance

It is very important to us that users stay healthy while achieving their fitness goals. Please be responsible and use your best judgment and common sense. We provide our services for information purpose only, and can’t be held liable if you get injured or something goes wrong.  

8.1 Safety First

MyFitBook cares about your safety. You should consult with your healthcare provider(s) and consider the associated risks before using our Services in connection with any physical activity, wellness or fitness program, or any dietary program or guidance. By using our Services, you agree, represent and warrant that you have received consent from your physician to participate in wellness and fitness programs, workouts, exercises or any of the related activities made available to you in connection with the Services, and that you have consulted with your physician before making any dietary changes based upon information available through the Services. Everyone's condition and abilities are different, and participating in the activities promoted by our Services is at your own risk. If you choose to participate in these activities, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities. Activities promoted by the Services may pose risks even to those who are currently in good health.

You understand and agree that we will not carry out and are not responsible for any physical inspection, supervision, preparation, execution or conduct of any activities related to or accessed or discovered via the Services (e.g., featured, official or community created challenges; routes; friendly competitions or similar activities; any single or group training activities; any Third-Party Activities or other events or activities that utilize our Services). Maps, directions and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate or incomplete. We encourage you to always put safety first, follow applicable traffic regulations, do not change settings on your device while in motion or in unsafe areas and always be vigilant and take stock of your surroundings when exercising.

You expressly agree that your athletic activities, which may generate the User-Generated Content you post or seek to post on or via the Services (e.g., running, walking, cycling, hiking) and certain Third-Party Activities carry certain inherent and significant risks of property damage, bodily injury, or death and that you voluntarily assume all known and unknown risks associated with these activities, even if caused in whole or part by the action, inaction, or negligence of MyFitBook or by the action, inaction, or negligence of others.

Except as otherwise set out in these Terms, and to the maximum extent permitted by applicable law, we are not responsible or liable, either directly or indirectly, for any injuries or damages sustained from your physical activities or your use of, or inability to use, any Services or features of the Services, including any Content or activities you access or learn about through our Services (e.g., a Third-Party Activity such as a yoga class), even if caused in whole or part by the action, inaction or negligence of MyFitBook or others. To the maximum extent permitted by applicable law, you expressly agree we do not assume responsibility for any Third-Party Activity or any other race, contest, class, athletic activity or event that utilizes or is promoted by or accessed via the Services.

8.2 Disclaimer Regarding Accuracy and Reliance on Content

We make no representations or warranties as to the accuracy, reliability, completeness or timeliness of any content available through the Services, and we make no commitment to update such Content.

In addition, User-Generated Content, including advice, statements, or other information, including, without limitation, food, nutrition, dietary guidance, exercise or training guidance, athletic activities, and exercise database entries, are not produced by MyFitBook, and should not be relied on without independent verification. User-Generated Content, whether publicly posted or privately transmitted, is the sole responsibility of the user from whom such User-Generated Content originated. All information is provided "as is" without any representation, warranty or condition as to its accuracy or reliability.

In particular, MyFitBook’s Fitness Center contains a combination of nutritional and activity information entered by MyFitBook team and MyFitBook’s users. Any MyFitBook users can contribute to or edit nutritional information in the Fitness Center. Please be advised that nutritional information in the Fitness Center has not been reviewed by persons with the expertise required to provide you with complete, accurate, or reliable information. MyFitBook does not (i) guarantee the accuracy, completeness, or usefulness of any nutritional information or ingredients in the Food Database; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any such nutritional information. To the extent permitted by applicable law, under no circumstances will MyFitBook be responsible for any loss or damage resulting from your reliance on nutritional information. You are solely responsible for ensuring any nutritional information in the Food Database is accurate, complete and useful.

Not all users who may identify themselves as professional trainers or licensed dieticians are licensed in all applicable jurisdictions. MyFitBook has no and assumes no obligation to verify that users who identify themselves as licensed trainers or dieticians are actually licensed. If you hold yourself out as a licensed trainer or dietician, you represent and warrant that you are actually licensed for the services you provide in the jurisdiction in which you offer your services. Users should also bear in mind that even if a user is a licensed trainer in one jurisdiction that does not mean the trainer user is licensed in the jurisdiction from which other users access the trainer user's advice. Accordingly, relying on any advice provided by other users is at your own risk. To the extent permitted by applicable law, under no circumstances will MyFitBook be responsible or liable for any loss or damage resulting from your reliance on information or advice provided by any user of our Services.

8.3 Not Medical Advice

We aim to provide useful general information for our community, not professional medical advice. The Services are not medical devices, and the data provided by them is not intended to be utilized for medical purposes or to diagnose, treat, cure or prevent any disease, ailment or injury. To the maximum extent permitted by applicable law, you expressly agree we are not providing medical advice via the Services. All Content provided through the Services, whether provided by us or by other users or third parties (even if they are claiming to be a doctor!) is not intended to be and should not be used in place of (a) the advice of your physician or other medical professionals, (b) a visit, call or consultation with your physician or other medical professionals, or (c) information contained on or in any product packaging or label. To the extent permitted by applicable law, we are not responsible for any health problems that may result from training programs, dietary recommendations, consultations, products, or events you learn about through the Services. Should you have any health related questions, please call or see your physician or other healthcare provider promptly. If you have an emergency, call your physician or your local emergency services immediately.

8.4 Success Stories Not Typical

Success stories posted by users or MyFitBook on our Services may not represent typical or even accurate results obtained from any particular fitness activity or diet. To the extent permitted by applicable law, MyFitBook has no and assumes no obligation or liability associated with the accuracy, reliability or effectiveness of any fitness activity or dietary recommendation contained in any user success stories.

8.5 Accuracy

The Services are intended to provide you with information to encourage you to support your wellness and fitness activities. Some of the Services are aimed at tracking your physical movements and sleep activity. These Activity Tracking Services rely on sensors and/or GPS functionality that track your movement or body at rest. The data and information provided by the Activity Tracking Services are intended to be a representation of your activity, but may not be completely accurate, including with respect to step, sleep, speed, distance, or calorie data. By using Activity Tracking Services, you acknowledge and agree that MyFitBook is not responsible or liable for any inaccuracy in such data.

9. Modifications to the Terms and Product-Specific Terms

As MyFitBook grows and improves, we might have to make changes to these Terms and Condition or include additional items that are specific to certain products.

9.1 Updates to these Terms

MyFitBook reserves the right to modify these Terms by (i) posting revised Terms on and/or through the Services, and/or (ii) providing advance notice to you of material changes to the Terms, generally via email where practicable, and otherwise through the Services (such as through a notification on the home page of the MyFitBook websites or in our applications). Modifications will not apply retroactively unless required by law.

We may sometimes ask you to review and to explicitly agree to or reject a revised version of the Terms. In such cases, modifications will be effective at the time of your agreement to the modified version of the Terms. If you do not agree at that time, you are not permitted to use the Services. In cases where we do not ask for your explicit agreement to a modified version of the Terms, the modified version of the Terms will become effective as of the date specified in the Terms. Your choice to maintain an account, access or use the Services (regardless of whether you create an account with us) following that date constitutes your acceptance of the terms and conditions of the Terms as modified. If you do not agree to the modifications, you are not permitted to use, and should discontinue your use of, the Services.

We may also require you to agree to additional terms, rules, policies, guidelines, or other conditions.  In such cases, you may be required to expressly consent to Product-Specific Terms. For instance, you might need to check a box or click on a button marked "I agree." If any of the Product-Specific Terms are different than the Terms, the Product-Specific Terms will supplement, amend, or supersede the Terms, but only with respect to the subject matter of the Product-Specific Terms.

9.10. No Warranties

Without limiting the foregoing, you understand that, to the maximum extent permitted by applicable law, we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, availability, or reliability of any of the Services or any Content. To the maximum extent permitted by applicable law, we do not warrant that (i) the Services will meet your requirements or provide specific results, (ii) the operation of the Services will be uninterrupted, virus- or error-free or free from other harmful elements or (iii) errors will be corrected. Any oral or written advice provided by our agents or us does not and will not create any warranty. To the maximum extent permitted by applicable law, we also make no representations or warranties of any kind with respect to Content; User-Generated Content, in particular, is provided by and is solely the responsibility of the users providing that Content. No advice or information, whether oral or written, obtained from other users or through the Services, will create any warranty not expressly made herein. You therefore expressly acknowledge and agree that use of the Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.

10. Disputes and Arbitration, Jurisdiction and Venue

To the maximum extent permitted by applicable law, you and MyFitBook agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Except where prohibited, you and we agree to submit to the personal and exclusive arbitration of disputes relating to your general use of the Services under the rules of the American Arbitration Association. 

Any arbitration between you and us, to the extent necessary, will be conducted based on MyFitBook’s choice and preference and you waive any right to claim that such location is an inconvenient forum. You agree not to sue us or bring arbitration in any other forum.

The arbitration will be conducted in English. A single independent and impartial arbitrator will be appointed pursuant to the rules of the American Arbitration Association. Both you and we agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens for everyone involved:

• the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration;
• the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and
• any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement describing the reasons for the disposition of any claim.

You also acknowledge and understand that, with respect to any dispute with us arising out of or relating to your choice to maintain an account, access or use the Services:

• You are giving up your right to have a trial by jury;
• You are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit involving any such dispute; and
• You must file any claim within one (1) year after such claim arose or it is forever barred.

If this arbitration provision is found to be null and void, then all disputes arising under the Terms between us will be subject to the jurisdiction of the state and federal courts located in Virginia or Washington DC, and you and we hereby submit to the personal jurisdiction and venue of these courts.

This agreement to arbitrate will not preclude you or MyFitBook from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or MyFitBook from (i) applying to the appropriate court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, or (ii) seeking relief in any state or federal court for disputes related to a violation or possible violation of MyFitBook‘s intellectual property rights.

In the event of any litigation or arbitration arising from or related to these Terms, or the Services provided, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including staff time, court costs, attorneys' fees, and all other related expenses incurred in such litigation or arbitration.

11. International Terms

If you are not a United States resident and you are accessing our Services from outside the United States, you agree to transfer certain information outside your home country to us, and that you will follow all the laws that apply to you.

We provide our Services for a global community of users. Our servers and operations are, however, located primarily in the United States, and our policies and procedures are based primarily on United States law. Because of this, the following provisions apply specifically to users located outside of the United States: (i) you consent to the transfer, storage, and processing of your information, including but not limited to User-Generated Content and any Personal Data, to and in the United States and/or other countries; (ii) if you are using the Services from a country embargoed by the United States, or are on the United States Treasury Department's list of "Specially Designated Nationals," you are not authorized to access or make use of the Services; and (iii) you agree to comply with all local laws, rules, and regulations including, without limitation, all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Services. The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which that would subject MyFitBook or its affiliates to any registration requirement within such jurisdiction or country.

The names used for countries or regions in these Terms, the Privacy Policy and any associated features or documentation are based on the United Nations Terminology Database.

12. Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms or your use of the Services. The Terms and any Product-Specific Terms constitute the entire agreement between you and us with respect to your use of the Services.

Our failure to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

You may not assign, delegate, or otherwise transfer your account or your obligations under these Terms without our prior written consent. We have the right, in our sole discretion, to transfer or assign all or any part of our rights under these Terms and will have the right to delegate or use third-party contractors to fulfill our duties and obligations under these Terms and in connection with the Services.

Our notice to you via email, regular mail, or notices or links displayed in connection with the Services constitutes acceptable notice to you under the Terms. We are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., "junk" or "spam" folder) or if you fail to update your email address. Notice will be considered received forty-eight hours after it is sent if transmitted via email or regular mail. In the event that notice is provided via links displayed in connection with the Services, then it will be considered received twenty-four hours after it is first displayed.

Welcome to MyFitBook!

At MyFitBook, our mission is to make consumers and end-users better by enabling their ability to achieve their goals through our passion, design, and the relentless pursuit of innovation. That mission covers our online community as well through our websites, applications, and connected products and services (which we collectively refer to in this Privacy Policy as the "MyFitBook"). Our Privacy Policy describes how we collect and process your Personal Data through our websites. We encourage you to read this Privacy Policy as well as our Terms and Conditions of Use.

1.Who We Are

We are MyFitBook, LLC. We provide Internet and mobile app-based services for fitness. Our mission is to give people the power to build fitness community and bring the fitness world closer together.

2.Information About Your Personal Data

This Privacy Policy relates to data about you, your devices, and your interaction with our Services.

"Personal Data" is information that can be used to identify you, directly or indirectly, alone or together with other information. This includes things such as your full name, gender, date of birth, email address, contact number, precise location, device IDs, certain cookie and network identifiers, and "Fitness and Wellness Data."

During signup following information are mandatory to fill to create an account:

Full Name (First name/Last name):

We collect first and last name data to show on each profile. This will help you and community to know who you’re connecting with. This helps keep our community safe.

Email Address:

Your email address is your Login ID to access MyFitBook platforms (Desktop/Mobile Apps).

Date of Birth:

We collect DOB information to make ensure user is at least 13 to use MyFitBook services. If you are between the ages of 13-18, you may use our other Services only with the supervision and consent of a parent or guardian. No individual under these age limits may use the Services, provide any Personal Data to MyFitBook, or otherwise submit Personal Data through the Services (e.g., a name, address, telephone number, or email address).

Gender:

We collect gender information for our MFB champion feature. In our MFB champion feature we display photos which are voted higher. Photos are displayed in two main categories Male, and Female.

Contact Number:

We collect contact number information for our MFB champion feature. At end of each championship we will personally call you to congratulate you on your success by winning the MFB championship. In future we would like to call you to confirm your identity to send our gift cards and vouchers for winning the MFB championship.

MyFitBook collects, uses, discloses and processes Personal Data as outlined in this Privacy Policy, including operating and improving the Services and our business; for advertising and marketing; and to provide you with innovative fitness and wellness services, as further described in this Privacy Policy. 

We may create de-identified or anonymous data from Personal Data by excluding data components (such as your name, email address, or linkable tracking ID) that makes the data personally identifiable to you, through obfuscation, or through other means. Our use of anonymized and de-identified data is not subject to this Privacy Policy. 

3.How We Collect and Use Personal Data

We collect your Personal Data in a number of ways and for various purposes, including:

3.1 When you register for an account or interact with our Services. 

We collect Personal Data when you use or interact with our Services, including when you register with us, browse our products online, obtain coaching and training services, make purchases from us (including processing of payment), and when you ask us to customize apparel, products, or Services. This Personal Data may include name, address, phone number, username and password, email address, date of birth, payment information and Location Data. "Location Data" means either approximate location or, with your consent, precise location. We use this data to create your account, enable your activity within our Services, and to provide the services generally, including developing, enhancing, and improving our Services and your experience. We also use this data for internal purposes related to certain research, analytics, innovation, testing, monitoring, customer communication, risk management, and administrative purposes.

3.2. When you input Fitness and Wellness Data within our Services or use our Services that collect or infer such data from mobile device sensors.

"Fitness and Wellness Data" includes data you provide related to your lifestyle (e.g., sleeping habits), life events, dietary restrictions, fitness goals, height, weight, measurements, fitness level, heart rate, sleep data, BMI, biometric data, and similar types of data relating to physiological condition, and activity. We collect this data in order to provide the Services and to tailor features, products, advertising, and services to your interests and goals, including providing meal suggestions, workout plans, training- and coaching-related services, and product recommendations (e.g., custom products).

3.3 When you use or interact with a wearable or other connected device. 

We also collect Personal Data, including Fitness and Wellness Data, when you use a device that is connected to the Internet, such as heart rate monitors, activity trackers, and other devices or wearables that are not personal computers or mobile phones or tablets. When you use a wearable or connected device or product, we may also collect certain information about the device or product such as serial number, Bluetooth address, UPC, or other device- or purchase-related information.

3.4. When you give us permission to collect Location Data. 

We may collect precise Location Data as part of the functionality of our Services, such as to provide route maps, route tracking, geographically relevant Services, offers, or ads, weather information, and to conduct analytics to improve the Services. We may collect precise Location Data in several ways, such as through your wireless carrier, based on Wi-Fi access point location, via Bluetooth beacons, through a connected device, or directly from the device on which you use the Services. If you choose to purchase apparel or products with specially embedded hardware to track the movement or location of the apparel or product, these technologies may also enable collection of precise Location Data. If you are accessing the Services through one of our mobile applications, the way we collect precise Location Data will differ depending on your mobile device's operating system. In all events, we do not collect precise Location Data, unless you have "allowed" its collection. If you decline to allow Location Data collection in the app, we will not collect your precise Location Data unless you manually enter it in.

3.5. When you communicate with us or sign up for promotional materials. 

We collect Personal Data when you communicate with us or sign up to receive promotional materials or information via email, push notifications, or text messages - including email address, mobile number, etc.

If you consent to such messages, we may use your Personal Data and other information to communicate with you about the MyFitBook products or Services you have purchased or used; provide you with promotional messages and personalized advertising; to notify you of other products; to notify you of contests, challenges, sweepstakes, and other promotions to notify you of Services we think may be of interest to you; and, for other marketing purposes. You can manage your communication preferences by registering for and logging into your account.

Please note that regardless of your email settings, we may send you notifications pertaining to the performance of our Services, such as revision of our Terms or this Privacy Policy or other formal communications relating to products or Services you have purchased or use.

We may use your Personal Data to respond to your requests for technical support, online services, product information or to any other communication you initiate. This includes accessing your account to address technical support requests. We may also use your Personal Data to address your requests, inquiries, and complaints.

3.6. When you participate in special activities, offers, or programs. 

We may request or otherwise collect Personal Data, including Fitness and Wellness Data when you participate in promotions, when you participate in surveys, or when you participate in research activities or initiatives, including for academic, commercial, wellness-related and community planning (e.g., bike trail) analysis, and research study purposes . This includes Personal Data, such as name, address, email address, telephone number and age and other information that may be appropriate in order to participate. If you win a Promotion, we also may need to collect certain tax information, waivers and releases, depending on the prize.

We may also launch surveys that ask you to answer questions about a range of topics from Personal Data to brand and product preferences. Promotions or surveys may be run by the MyFitBook service provider or co-branded with one of our business partners. In such instances, Personal Data may be collected directly by and/or shared with MyFitBook, the service provider, and/or business partner, including for marketing purposes. Each Promotion or survey that treats your Personal Data in a way that differs from this Privacy Policy will state the privacy policy governing that collection of information in connection with that Promotion or survey.

3.7. When you engage with our online communities or advertising. 

We may collect your Personal Data when you engage with our online communities. This includes when you click on advertisements, interact with our social media pages, submit content, leave reviews, or otherwise enter information into comment fields, blogs, message boards, events, and other community forums sponsored by or affiliated with MyFitBook. Please note that our community forums are public, so we recommend that you exercise care in deciding what information and content you wish to disclose.

3.8. When you access third party products and services. 

We may allow you to register and pay for third-party products and services or otherwise interact with another website, mobile application, or Internet location (collectively "Third Party Sites") through our Services, and we may collect Personal Data that you share with Third Party Sites through our Services. When we do so, we will inform you of the further details of how we use your Personal Data.

3.9. When you connect with us through social media. 

You may choose to enable, log into, or sign on to the Services through various social media or social networking services, such as Facebook, WeChat, or Twitter ("Social Networking Service" or "SNS"). When you connect using your SNS accounts, we may collect Personal Data that you have provided to that SNS. For example, when you log in with your Facebook credentials, with your consent, we may collect Personal Data from your Facebook profile that is permitted under Facebook's Terms of Use - such as your email address, profile picture, and friend list. We use this data to provide, enhance, and personalize the Services (e.g., to help connect you with or suggest friends within our Services). If you do not want to provide us with this data, you need to adjust the privacy settings on your SNS account.

3.10. When we collect data from third parties or publicly-available sources. 

We may obtain certain data about you from third party sources to help us provide and improve the Services and for marketing and advertising. We may combine your Personal Data with data we obtain from our Services, other users, or third parties to enhance your experience and improve the Services, such as providing you with a single point of sign on for our Services and/or building an account dashboard letting you understand how to access and control all the Services you use from a single page.

3.11. When we leverage and/or collect cookies, device IDs, Location, data from the environment, and other tracking technologies. 

We may collect certain Personal Data using cookies and other technologies such as web beacons, device IDs, advertising IDs, geolocation, HTML5 local storage, Flash cookies, and IP addresses. We specifically use browser cookies for different purposes, including cookies that are strictly necessary for functionality and cookies that are used for personalization, performance/analytics, and advertising. Our Cookie and Device ID Use section contains more information and options to control or opt-out of certain data collection or uses.

3.12. When we aggregate or centralize data. 

We aggregate and centralize Personal Data and Fitness and Wellness Data for purposes of analytics, innovation, and to provide enhanced services to our customers and end-users.

3.13. When you take fitness tests or assessments; share content or achievements; or invite friends. 

We use video data you provide to us and phone sensor data in order to estimate joint flexibility measurement, angles of motion, real-time fitness potential, and to assess your physical movement. We use this data to provide instructional videos, instructional feedback, coaching, and training services. With your permission, we access your contacts and calendar to enable you to share content or achievements, including videos, with friends or other members, and to invite friends to use the Services.

3.14. When we provide you geographically relevant Services, offers, or advertising. 

Where you have provided consent to process your precise Location Data, we may use such data to provide you with Services, offers or advertising that are relevant to your location.

3.15 When we comply with Legal Requirements or Obligations, Law Enforcement, and for Public Safety Purposes.

We may use Personal Data in order to comply with laws, regulations, court orders, or other legal obligations or to assist in an investigation, to protect and defend our rights and property, or the rights or safety of third parties, to enforce our Terms of Use, this Privacy Policy, or agreements with third parties, or for crime-prevention purposes.

4. How We Disclose Personal Data

We may disclose your Personal Data for the purposes as described in the prior section of this Privacy Policy, in the Country/Region-Specific Disclosures section, and in the following ways:

4.1 To Affiliates and Partners.

With companies or ventures that are owned or controlled by MyFitBook, and internally within MyFitBook, in order to provide and improve Services, for marketing purposes, and for advertising.

4.2 To Service Providers and Vendors.

With business partners, marketing partners, and vendors to provide, improve, and personalize the Services.

4.3 To Social Network Providers. 

With social network providers when we use social network widgets, buttons, or plug-ins in our Services.

4.4 To other Users/ MyFitBook Registered Users.

With other users in the context of specific Services that are social in nature. In these cases, we disclose social data and certain Fitness and Wellness Data by default because the service being provided is one of social interaction. Additionally, any information you post or disclose in our community forums (for example, Facebook, Instagram, YouTube, Twitter, or other sponsored pages on the MyFitbook website) is public.

4.5 For Advertising and Marketing.

With advertising and marketing partners for advertising and marketing purposes on MyFitBook’s behalf and on behalf of third parties, (for example, Facebook, Instagram, YouTube, Twitter, or other sponsored pages on the MyFitbook website).

In addition, with your consent, we may share your precise Location Data with Third Parties for on and off platform personalization and curated marketing and advertising purposes.

4.6 For Certain Analytics and Improvement

With certain companies for purposes of analytics and improvement of the Services.

4.7 For Interest-Based Advertising.

With companies involved in interest-based advertising, including web, mobile app and other advertising, this advertising consists of MyFitbook and third party ads that are personalized and displayed on our sites and apps and through other channels. Advertising also includes personalized ads from the MyFitbook family of companies displayed on Third Party Sites and apps and through other channels.

Interest-based advertising is advertising that is targeted to you based on your web browsing and app usage over time and across websites or apps. Our advertising practices also include the creation and use of "audience segments." You have the option to restrict the use of information for interest-based advertising and to opt-out of receiving interest-based ads. Depending on where you access our website from, you may also be asked to consent to our use of cookies, including advertising cookies. 

4.8 For Legal Compliance, Law Enforcement, and Public Safety Purposes (may apply).

With law enforcement, government or regulatory bodies, lawful authorities, or other authorized third parties in order to comply with laws, regulations, court orders, or other legal obligations or to assist in an investigation, to protect and defend our rights and property, or the rights or safety of third parties, to enforce our Terms of Use, this Privacy Policy, or agreements with third parties, or for crime-prevention purposes.

4.9 In the event of an actual or contemplated sale.

With prospective or actual purchasers, investors, or successor entities in connection with a contemplated reorganization or an actual reorganization of our business, in connection with financing, a sale, or other transaction involving the disposal of all or part of our business or assets, including for the purpose of permitting the due diligence required to decide whether to proceed with a transaction, pursuant to assurances of sufficient data handling practices and safeguards.

5. Legal Basis for Processing

This section addresses the legal basis for processing your data if you reside outside the United States (within the United States, you typically provide consent when you receive notice of this Privacy Policy in a website link or mobile app). Some processing is addressed in multiple sections because more than one legal basis may apply depending on the circumstances or service.

For the purposes of applicable data protection laws, MyFitBook, LLC is the controller of the Personal Data you provide to us ("Data Controller"). As a Data Controller, we process the Personal Data we maintain about you in accordance with this Privacy Policy. 

We collect and process your Personal Data for a variety of purposes outlined in this Privacy Policy. In certain cases, separate consent is not required, including: 

5.1 For the performance of a contract.

To perform our contractual obligations to you, including account registration, including when you use or interact with a wearable or other connected device and in relation to location-based Services (including to provide you geographically relevant Services), to connect you with friends across platforms, when you take fitness tests or assessments, share content or achievements, or invite friends, when you ask us to customize apparel, products, or Services, where we need to provide your Personal Data to companies or ventures that are owned or controlled by MyFitBook and to our service providers, where we need to collect Personal Data from third party sources and when you access third party products and services, where we collect data from third parties or publicly-available sources, or to aggregate and centralize data for the performance of the Services.

5.2. To meet legal obligations.

To comply with laws, regulations, court orders, or other legal obligations or to assist in an investigation

5.3. For Legitimate Interests

To operate our business and provide the Services, other than in performing our contractual obligations to you for MyFitBook’s "legitimate interests" for the purposes of applicable law - except where overridden by the interests or fundamental rights and freedoms that require protection of Personal Data.

For example, the following areas include processing covered by Legitimate Interests, subject to applicable law:

• Communication : To communicate with you regarding the Services, including to provide you important notices regarding changes to our Terms and also to address your requests, inquiries, and complaints. We may send strictly necessary communications, including emails, even if you have opted out of receiving other MyFitBook emails or communications. These types of communications do not require consent. We also process your Personal Data for our legitimate interests when you communicate with us, including when you sign up for promotional materials and we have not asked you for your consent in that regard.
• Communication : To communicate with you regarding the Services, including to provide you important notices regarding changes to our Terms and also to address your requests, inquiries, and complaints. We may send strictly necessary communications, including emails, even if you have opted out of receiving other MyFitBook emails or communications. These types of communications do not require consent. We also process your Personal Data for our legitimate interests when you communicate with us, including when you sign up for promotional materials and we have not asked you for your consent in that regard.
• Respond to Your Requests : To respond to your requests for technical support, online services, product information or to any other communication you initiate. This includes accessing your account to address technical support requests.
• Promotional Messages : We process your non-sensitive Personal Data to provide you with promotional messages and personalized marketing, including: when you communicate with us or sign up for promotional materials; when you participate in special activities, offers, or programs; when you engage with our online communities or advertising; to provide you geographically relevant Services, offers, or advertising; when we aggregate and centralize data; and when we share Personal Data with companies or ventures that are owned or controlled by MyFitBook and with our service providers and vendors.
• Surveys : To send you surveys in connection with our Services, unless commercial in nature. In those cases, a survey request may be sent to you if you have given us your consent to receive marketing from us.
• Compliance with Law and Public Safety : To assist in the investigation of suspected illegal or wrongful activity, including in-store tracking and sharing information with other entities for fraud, loss, and crime prevention purposes. To protect and defend our rights and property, or the rights or safety of third parties.
• Improvement and Development : To develop, provide, enhance, and improve our Services and your experience, including to enable you to use the full range of our Services (e.g., processing of non-sensitive Personal Data related to your use or interaction with a wearable or other connected device; in-store tracking; when you access third party products and services; when we collect, use, or otherwise leverage cookies, device IDs, Location Data, data from the environment, and other tracking technologies; when you connect with us through social media; when we collect data from third parties or publicly-available sources; when we aggregate and centralize data; and when we share Personal Data with companies or ventures that are owned or controlled by MyFitBook and with our service providers and vendors). For internal purposes related to certain research, analytics, innovation, testing, monitoring, customer communication, risk management, and administrative purposes.
• Enforcing Terms and Notice : To enforce our Terms or this Privacy Policy, or agreements with third parties
• Merger or Acquisition : To support a contemplated reorganization or an actual reorganization of our business, in connection with financing, a sale, or other transaction involving the disposal of all or part of our business or assets, including for the purpose of permitting the due diligence required to decide whether to proceed with a transaction.

6. Consent as a Basis for Processing 

In some cases, we will ask for your consent to process your Personal Data. You may indicate your consent in a number of ways, including, as permitted by law, ticking a box (or equivalent action) to indicate your consent when (i) providing us with your Personal Data through our Services or a form (including enrolling in Promotions); or (ii) registering or creating an account with us. Due to different countries' laws governing consent for the collection and use of Personal Data, the requirements for consent will differ across regions. We may request your consent for a number of activities including:

6.1 MyFitBook Marketing and Communication

We may ask for your consent to contact you by telephone, SMS/text message, WeChat, and/or email about other offers, products, Promotions, events, or services that we think may be of interest to you and for other marketing purposes.

6.2 Sharing with Third Party Services. 

We may also ask for your consent to share your Personal Data with certain Third Party business partners in order to offer certain goods, services, or programs. To withdraw consent, please go to the preferences of the specific third party service or app.

6.3 Third Party Marketing. 

We may ask for your consent to provide Personal Data to allow third parties to contact you regarding their products, services, Promotions, or offers. Typically this is in conjunction with a sweepstakes or challenge (your consent for third party marketing is generally not a pre-requisite to participation. To withdraw consent, please go to the preferences of the specific third party.

6.4 Collecting Mobile Device IDs, Advertising IDs, and Data from Sensors. 

When you use our mobile apps we may ask for your consent to collect these (this consent may be captured at the operating system level). To change your consent status for this data please goes to the preferences of the specific service or app. If you choose not to provide this information, certain Services features may be unavailable or not function properly.

6.5 Processing Sensitive Personal Data. 

We may request your consent to process sensitive Personal Data. Certain Websites or Mobile Apps may require this data to provide the Services, including when you use or interact with a wearable or other connected device, and when you take fitness tests or assessments. If you choose not to provide sensitive Personal Data (for example, specific kinds of Fitness and Wellness Data), certain features or Services may be unavailable or not function properly.

6.6 Research. 

We may request your consent to use your Personal Data for Research purposes. We may also request your consent to contact you to determine your interest to participate in certain Research initiatives and to share identifying results. For market research, we may ask questions on behalf of business partners and share your response with business partners.

6.7 Advertising. 

We use cookies, pixels (including email pixels), mobile device and advertising IDs, Location Data, Fitness and Wellness Data, app or service usage data and data from sensors for purposes of interest-based and cross-app, cross-device advertising. The consent for which may be managed at the operating system level.

6.8 Transfer of Data. 

We transfer data to the United States and to other countries for processing. We may request your consent for this transfer or the transfer, in other cases, may be justified by a legal basis other than consent.

6.9 Automated Processing. 

We may use some automated processing to provide our Services and to make recommendations in the context of specific services. This processing is strictly necessary for providing certain Services (and, in some cases, is the service itself) and is not covered by consent. Other automated processing is not significant either due to the nature of the data or the decisions being made or recommended, and so consent is not required. However, for automated processing that is significant and related to sensitive Personal Data, prior to sharing or using such data, we will first seek your consent. For the subset of automated processing included in ad profiling for ad targeting, you can change your consent status (for website services) by turning advertising cookies off as outlined in in our Cookie and Device ID Use section. For mobile apps, you can change your consent status by activating your Limit Ad Tracking or equivalent setting as described in our Cookie and Device ID Use section.

6.10 To Enable Social Sharing and Connect with Us on Social Media. 

Some of our services consist of social sharing and communication with others. If you sign up for these services, we may ask for your consent to use your information to enable sharing as described in the service. We may also ask for your consent when you connect with us through Social Media.

6.11 Promotions. 

We may ask you for permission to use your Personal Data and Fitness and Wellness Data for special offers, events, sweepstakes, and other Promotions. We may use the Personal Data we collect during Promotions, to administer the Promotion, verify identity and age, and to communicate with you about the Promotion.

7. Social Sharing Settings

Within our Services there are three sharing settings: Private, Share with Friends, Share with Public. MyFitBook apps are designed for your wellness and fitness benefit. As such, you are able to control what Personal Data you share and with whom you share it. We encourage you to adjust the sharing settings to best meet your objectives and sharing comfort level. In the interest of safeguarding your Personal Data, we have outlined some initial default sharing settings.

7.1 Default Sharing Settings

• "Physical Stats" are set as Private. "Private" means not shared with friends or other members. You can change this default status for some of your physical stats. Information that is "Private" by default includes, for example, your height, weight, BMI, and heart rate.
• "Activity Stats" are set as Share with Friends. "Share with Friends" means visible to your friends, but not shared with other members. You can change this default status if you want. Information that is set as "Share with Friends" by default includes, for example, your workouts, steps, routes, friend’s challenges, and friendships.
• Community Social Data is set as Public. "Public" means visible to all others using the service. For example social posts where you have set your account up as "Follow" (in app and on the websites), community forums, public challenges (challenges set up by MyFitBook), and photos.
• Lookup Information is set as Public. We believe that social motivation helps you achieve your goals faster and allowing your friends to be able to find you is crucial to this experience. Therefore, your first and last name, location, gender, username, main fitness activity, and profile picture are set as Public. If you set your entire account as Private, your lookup data will no longer be available for your friends to find you (unless you otherwise indicate that desire within the Services).

7.2 Changing Your Sharing Preferences

Details on how to update your sharing preferences and the default settings for our Services are outlined within the sharing standard.

Note: When you share information from our Services externally with a SNS, the information you post is governed by their privacy policy and settings.

8. Transfers of Your Personal Data to Other Countries

The Personal Data MyFitBook processes, and all associated Services and systems, including registration, is housed on servers in the United States. If you are located outside of the United States, please be aware that Personal Data we collect will be processed and stored in the United States (the data protection and privacy laws in the United States may offer a lower level of protections than in your country/region). By using our Services and submitting your Personal Data, you agree to the transfer, storage, and/or processing of your Personal Data in the United States. Where and as required, we will seek your explicit consent as outlined in this Privacy Policy.

9. Data Retention

We will retain your Personal Data for as long as you maintain an account or as otherwise necessary to provide you the Services. We will also retain your Personal Data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Where we no longer need to process your Personal Data for the purposes set out in this Privacy Policy, we will delete your Personal Data from our systems. Where permissible, we will also delete your Personal Data upon your request. Information on how to make a deletion request can be found below.

9.1 Delete Account / Withdraw Processing Consent

You are free to withdraw your consent for MyFitBook LLC. And to process your personal information by deleting your Account on your own or by instructing the Support Team to do so on your behalf. After you withdraw your consent, you will still be able to access some of the incredible features and content available on our website and mobile app. specifically; you can continue to gather insights and inspiration from our Guest user page. If you have questions about our data retention practices, please contact us through our Support Team.

10. Security

We implement appropriate technical and organizational safeguards to protect against unauthorized or unlawful processing of Personal Data and against accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data. Please be advised, however, that we cannot fully eliminate security risks associated with the storage and transmission of Personal Data.

10.1 Links to Other Websites

Please note that this Privacy Policy does not apply to the practices of companies that we do not own or control or to people that we do not employ or manage. Our Services may provide a link or otherwise provide access to Third Party Sites. We provide these links merely for your convenience. We have no control over, do not review, and are not responsible for Third Party Sites, their content, or any goods or services available through the Third Party Sites. Our Privacy Policy does not apply to Third Party Sites, and any data you provide to Third Party Sites, you provide at your own risk. We encourage you to review the privacy policies of any Third Party Sites with that you interact with.

10.2 Children

We do not knowingly collect Personal Data online from children under 13 (note that the minimum age may vary based on country / region and on local law). If you become aware that a child has provided us with Personal Data without parental consent, please contact us through our support team. If we become aware that a child under 13 has provided us with Personal Data without parental consent, we will take steps to remove the data and cancel the child's account.

11 How to Contact Us

If you have any questions, comments, or concerns about how we handle your Personal Data, then you may email us at myfitbookllc@gmail.com or write to us at:

MyFitBook, LLC.
1538 Lincoln Way
Apt: 204
McLean, VA USA 22102

1.What the MyFitBook community is about

This wonderful community is composed of exercise newbies, seasoned experts, young, old, and people of all shapes and sizes. We all share the common goal of living a healthy and happy life! To ensure the MyFitBook community remains a helpful, fun, and friendly place for everyone, we have established the following community guidelines & Standards.

1.1 SHARING OPTIONS BEFORE POSTING

At MyFitBook we provide many features and each feature, we allow you to choose your sharing option before you post your content:

Share with Public:

By choosing a share with the public option, the system will be allowing you to share your content with the public (register and non-register users).

Share with Friends:

By choosing a share with the friends' option, the system will be allowing you to share your content with your friends only.

Share with Only Me:

By choosing a share with only me option, the system will be allowing you to share your content with yourself only. The system will keep your information private and visible to you only.

1.2 How To Change Sharing Option After Posting

For each feature, we allow you to change your sharing option after you shared, and posted your content. A user can change the sharing option by clicking on the Edit icon/button available on each feature.

1.3 How To Edit Content After Posting

For each feature, we allow you to edit your content after you shared, and posted. A user can edit content by clicking on the Edit icon/button available on each feature.

1.4 How To Delete Content After Posting

For each feature, we allow you to delete your content after you shared, and posted. A user can edit content by clicking on the Delete icon/button available on each feature.

1.5 How To Flag Contents

MyFitBook is moderated by a team of volunteers and a few full-time site administrators. We do not review content as it is posted, we rely on our members to help us identify problems. If you see a post that you feel violates our guidelines, you can help us by reporting a post. Our goal is to get to reports as soon as possible; however, an actual human does look at each report, and some may take longer than others to decide an outcome.

In a Desktop Browser/Mobile Browser (Android/IOS): Reporting options are found by tapping the “…” more at the top right edge of a post under my wall section.

1.6 How To Determine The Content Is Abuse & Inappropriate

1. What is Abuse: Pornography, graphic or disturbing images, hate speech, etc.  If you wouldn't want your boss standing behind you when you open the post, or if having it on your computer would get you fired from your job, you can consider it abuse. This is for severe, urgent violations.

2. What is not Abuse: 2.General community guideline violations, posts you disagree with, posts by people you are arguing with in a forum, and anything else that does not meet the criteria above. Items in the abuse and inappropriate queue aren’t hidden until they are either rejected or approved.  Rejected posts qualify as abuse.  Approved posts that do not qualify as abuse will be returned to the community without further action.

1.7 How To Block/unblock Users

At MyFitBook members are able to block, and unblock users in the forums.

1. How to Block User (In a Desktop Browser):

• To begin, click the "Followers" tab at the top of the website. 
• Select a user from your “Follower Users List” you wish to Block/Ignore.
• Next, click on the “Block” button and the system will prompt you to confirm “Are you sure you want to Block this user” click “OK” button.

2. How to Block User (In Our Android and iOS Apps):

• To begin, click the "My Followers" tab from the “More” section.
• Select a user from your “My Followers List” you wish to Block/Ignore.
• Next, click on the “Block” button and the system will prompt you to confirm “Are you sure you want to Block this user” click “YES” button.

3. How to Unblock User (In a Desktop Browser):

• To begin, click the "Followers" tab at the top of the website. 
• Select a user from your “Follower Users List” you wish to Unblock.
• Next, click on the “Unblock” button and the system will prompt you to confirm “Are you sure you want to Unblock this user” click “OK” button.

4. How to Unblock User (In Our Android and iOS Apps):

• To begin, click the "My Followers" tab from the “More” section. 
• Select a user from your “My Followers List” you wish to Unblock.
• Next, click on the “Unblock” button and the system will prompt you to confirm “Are you sure you want to Unblock this user” click “YES” button.

1.8 How To Follow/unfollow Users

At MyFitBook members are able to follow, and unfollow users in the forums.

1. How to Follow User (In a Desktop Browser):

• To begin, click the "Followers" tab at the top of the website. 
• Select a user from your “Follower Users List” you wish to Follow.
• Next, click on the “Follow” button and the system will prompt you to confirm “Are you sure you want to Follow this user” click “OK” button.

2. How to Follow User (In Our Android and iOS Apps):

• To begin, click the "My Followers" tab from the “More” section. 
• Select a user from your “My Followers List” you wish to Follow.
• Next, click on the “Follow” button and the system will prompt you to confirm “Are you sure you want to Follow this user” click “YES” button.

3. How to Unfollow User (In a Desktop Browser):

• To begin, click the "Followers" tab at the top of the website. 
• Select a user from your “Follower Users List” you wish to Unfollow.
• Next, click on the “Unfollow” button and the system will prompt you to confirm “Are you sure you want to Unfollow this user” click “OK” button.

4. How to Unfollow User (In Our Android and iOS Apps):

• To begin, click the "My Followers" tab from the “More” section.
• Select a user from your “My Followers List” you wish to Unfollow.
• Next, click on the “Unfollow” button and the system will prompt you to confirm “Are you sure you want to Unfollow this user” click “YES” button.

2. Respect Yourself

I WILL

• I will be respectful and understand that everyone is different. Some members are new to this, so be kind to the newbies.
• I will remember the human on the other side of the screen.
• I will share my opinions while respecting others' thoughts and feelings as well.
• I will be ready to hear and accept other opinions that I might not always agree with.
• I will ignore users.

I WILL

• I won’t be a jerk.
• I won't attack, mock, or otherwise insult others. I can respectfully disagree with the message or topic, but I cannot attack the messenger. This includes attacks against the member’s spelling or command of written English, belittling a member for posting a duplicate discussion, or attacking a member for posting in an older discussion. (i.e. It’s lose not loose, strong first post, didn’t you already post this today, etc.) Not every member has the same level of education, so I’ll refrain from criticizing a member for not framing their content in a manner befitting a university-level science paper.
• I won’t pick apart how something is said; I will focus on the meaning/message.

3. Respect each other

I WILL

• I will SHOW RESPECT.
• I will show kindness.
• I will respect that MyFitBook has a zero-tolerance policy for hate speech.

I WON’T

• I won’t be a bully.
• I won’t belittle others.
• I won’t make any derogatory references to sex, gender, age, weight, body type, disability, ethnicity, religion, or sexual orientation.
• I won’t stalk other members. This includes stalking a poster through the forums, posting about past events gone sour, divulging personal information, or spreading gossip or rumors.
• I won’t make stereotypes against other members.
• I won’t post discussions or comments that incite racism, bigotry, hatred or physical harm to any individual or group.
• I won’t endorse violence against any person or group, even if couched in humor.
• I won’t publicly post information that poses or creates a privacy or security risk to any person (i.e., by publicly posting any person's contact information on the forums).

4. No Trolling

I WILL

• I will stay on-topic in an existing discussion.
• I will report trolls instead of engaging them.
• I will contribute politely and constructively to a discussion, or move on without posting.
• I will ignore users.

I WON’T

• I won’t troll.
• I won’t flame bait.
• I won’t call someone out.
• I won’t police other members.
• I won’t feed the trolls.
• I won’t take a discussion off-topic, it’s considered hi-jacking.

5. Appropriate Images/Videos

I WILL

• I will share my success photos and progress photos.
• I will keep it classy by wearing tight-fitting spandex instead of my undies to show my progress.
• I will post authentic photos that I have permission to use.
• I will be mindful that this is a workplace friendly site. If you wouldn’t share the image with your boss or your child, please don’t post it here.

I WON’T

• I won’t post hateful, violent or graphic imagery.
• I won’t post nudity, pornography, or NSFW images.
• I won’t post images containing profanity.
• I won’t post political images.
• I won’t post photos containing excessive cleavage (if you would wear it to work, it’s probably OK).
• I won’t post close-up shots of cleavage, butt, breasts or crotch in any state of dress.
• I won’t post photos in which hands or objects are the only bodily covering,
• I won’t post photos in my undies (underwear, bras, lingerie, thongs, G-strings, or banana hammocks).

6. Clean language

I WILL

• I will be respectful in the words I choose; this includes usernames.
• I will be mindful that this is a workplace friendly site. If you wouldn’t use that language in front of your boss, mom or anyone in public, please don’t post it here.
• I will post medical or clinical themes related to sex or sexual health in a mature manner.

I WON’T

• I won’t use explicit, sexual, insulting or vulgar language or sexual innuendo.
• I won’t get creative trying to get around the profanity filters by the use of non-alphabetical characters to approximate expletives or other objectionable language.
• I won’t post topics with the intent to titillate.

7. Promotion of Unsafe Weight-Loss techniques or Eating Disorders

I WILL

• I will allow members to share experiences without judgment.
• I will understand that people have a complicated relationship with food.

I WON’T

• I won’t use any aspect of our service to promote anorexia, bulimia or any unsafe dieting practices.
• I won’t promote very low-calorie diets.
• I won’t diagnose other members.

8. Advertisement

I WILL

• I will understand that posts containing links to offsite blog posts and social media are considered advertisements.
• I will report posts I believe to be advertising.

I WON’T

• I won’t post any links or mentions of other services, websites, or businesses from which an associate or myself might benefit financially or otherwise.
• I won’t solicit off-forum contact from which I might benefit, i.e., "message me for more info."
• I won’t request or solicit for donations, not even requests for charitable contributions.
• I won’t post or use this service to promote websites that compete with MyFitBook.
• I won’t respond to advertisers.

9. Ensure Privacy

I WILL

• I will understand that posts containing links to offsite blog posts and social media are considered advertisements
• I will check my profile privacy settings.
• I will report suspicious or malicious messages to MyFitBook Staff
• I will block users who send unwanted messages.

I WON’T

• I won’t publicly post an email, private message or any other type of message from any other MyFitBook user, moderator or staff member at any time.
• I won’t post personal information like telephone numbers, email, mailing address, social media, chat or instant messenger IDs, etc. (i.e., Facebook, Twitter, Instagram, Snapchat, WhatsApp usernames, etc.).
• I won’t ask other members to post their personal contact information.

10. Keep It Legal

I WILL

• I will remember this is a public forum (i.e., posts can be found in a Google search by a boss or family member).
• I will take the time to read and understand these guidelines.
• I will be a respectful community member.
• I will accept these guidelines apply to me (and all of my friends).
• I will have the self-awareness to understand if this may not be the right community for me.

I WON’T

• I won’t post messages that violate federal, state/provincial, or local laws which include, but are not limited to, anything that infringes a copyright, trademark, patent, trade secret or is bound by NDA (non-disclosure agreement).
• I won’t post content that references illegal activities, including, but not limited to, use of illegal substances, violence against others, and procurement of prescription drugs without a prescription, are prohibited. Posts about marijuana which is not legal federally in the USA yet, posts about steroids, and posts about substances that are not legal, federally, in the USA are not allowed.
• I won’t post images containing hateful or violent imagery; the depiction of illegal activities, or copyrighted material are not allowed and will be removed. I won’t create multiple accounts to evade punishment or avoid restrictions.
• Please note we reserve the right to delete or lock posts and discussions, to disable the posting privileges of any member, or to deny anyone use of our site at any time, for any reason, at our discretion without warning or notice. We reserve the right to dismiss a reported post if we find it does not violate a guideline.

11. Protect Your and Other’s Identity

I WILL

• I will let staff know if I’d like to change my username a second time.
• I will realize that a violation of these guidelines may result in being blocked from MyFitBook services.

I WON’T

• I won’t impersonate other members.
• I won’t mimic, stalk or steal another member’s identity.
• I won’t catfish or mislead another member with a fake account.
• I won’t create multiple accounts to deceive other members, moderators or admins to get around a forum ban.