HEALTH MANAGEMENT SOFTWARE USER
USER AGREEMENT, TERMS AND CONDITIONS, AND CANCELLATION POLICY
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE FOR THIS WEBSITE CAREFULLY. By using this website you are agreeing to the Terms and Conditions outlined herein. You should check the content of these Terms and Conditions periodically for changes as Women's Fitness of Boston reserves the right to make such changes, without notice to you. By using this website after such changes have been made and posted you agree to accept those changes, whether you have reviewed them or not. If at any time, you do not agree to these Terms and Conditions or changes to these Terms and Conditions, your sole remedy is to discontinue use of this website. Any use or continuation of use of this Website is deemed to be your acceptance of these Terms and Conditions or any changes to these Terms and Conditions.
Women's Fitness of Boston maintains this Internet website as a service to the global Internet community. All content, both images and text is the property of Women's Fitness of Boston and is not to be copied and or modified without the written consent of Women's Fitness of Boston. Women's Fitness of Boston reserves all rights to the content. Only where expressly authorized by Women's Fitness of Boston may members download content for their own personal, non-commercial use in accordance with these Terms and Conditions or the written consent of Women's Fitness of Boston.
Women's Fitness of Boston will use reasonable efforts to include accurate and up-to-date information, but makes no warranties or representations as to the accuracy or completeness of this information. Women's Fitness of Boston shall not be liable for damages of any kind arising from your use, access, or inability to access this or any Women's Fitness of Boston maintained website or your reliance on the information contained within this or any Women's Fitness of Boston maintained website.
Women's Fitness of Boston takes no responsibility for links within this or any Women's Fitness of Boston maintained website. Women's Fitness of Boston shall not be liable for any damages or consequences that arise from your transfer to any other websites via a link within this or any Women's Fitness of Boston maintained website. Women's Fitness of Boston makes no warranties or representations of any kind in relation to websites owned, operated, represented, maintained, used or occupied by persons, parties or entities other than Women's Fitness of Boston.
Women's Fitness of Boston will collect personal information that may identify you, the user, only when it is offered voluntarily by you. Women's Fitness of Boston uses this information in accordance with its Privacy Policy. Please review the Privacy Policy and consider it part of these Terms and Conditions.
You are solely responsible for maintaining the secrecy of your passwords and account information. Please be diligent in protecting the secrecy of such information as you will be responsible and liable for any and all use of your password or account, notwithstanding that such use was not authorized by you.
The WFOB Online Personal Training System
Not all exercises or diets are suitable for everyone. Before you begin this program, you should have the permission of your doctor to change your diet and participate in vigorous exercise. If you ever feel discomfort or pain while exercising, discontinue the exercise and seek medical advice. The instructions and advice presented by Women's Fitness of Boston are in no way intended as a substitute for medical counseling.
The creators, producers, participants and distributors of Women's Fitness of Boston products and services reserve the right to refuse membership at their sole discretion and disclaim any liability or loss in connection with the exercise and advice provided herein.
INFORMATION: All information presented by Women's Fitness of Boston is for entertainment purposes only. The material is not intended to be a substitute for medical counseling. This website is intended to help you make informed decisions about your diet and health. Before adhering to any of the information or recommendations presented by Women's Fitness of Boston please consult with your own physician or healthcare practitioner. Women's Fitness of Boston reserves the right to refuse or cancel membership for any reason, including certain medical conditions.
GENERAL TERMS AND CONDITIONS: You agree to: (a) maintain the security of your user identification, password and other confidential information relating to your Women's Fitness of Boston account(s); (b) be responsible for all charges resulting from the use of your Women's Fitness of Boston account, including unauthorized use; (c) take such steps to discontinue the occurrence of any unauthorized use by notifying Women's Fitness of Boston immediately and changing your password; and (d) keeping your e-mail address and other personal information current.
You agree that you are over 18 years of age.
MEMBERSHIP TERM: Unless otherwise specified, a membership will be automatically renewed each month, on a month-to-month basis. Members are financially responsible for all associated renewal fees until notice of cancellation is received.
CANCELLATIONS: Cancellations are not retroactive. Therefore, if a member cancels after their membership month has commenced, the member will not be entitled to a refund for that membership month. Cancellations do not become effective until the starting date of the member's next membership month. A membership month begins on the numbered date when a member subscribes or renews their membership (e.g. November 30) and concludes on the day before that numbered date for each successive month after (e.g. December 29, January 29th etc.) unless that numbered date does not exist in a successive month (e.g. February 29th) in which case, the closest preceding numbered date in the successive month will be used (e.g. February 28).
A member may only cancel by the following methods:
in person: by attending Women's Fitness of Boston in person, with your membership card, and signing our cancellation request form; or,
e-mail: by sending an e-mail to mailto:memberservices@womensfitnessofboston.com indicating within the body of the message, the member’s unequivocal request to cancel. The message must clearly indicate exactly which products or services the member wishes to have cancelled. The message must include the member’s first and last name, user name and e-mail address. Women's Fitness of Boston will not accept or recognize requests to cancel that do not comply with the requirements herein. Please note that Women's Fitness of Boston will not accept or open any e-mail communications that include attachments. Cancellation requests must be received a minimum of 7 days before any recurring payment occurrence.
WAIVER, RELEASE AND LIMITATION OF LIABILITY: You agree that neither Women's Fitness of Boston nor its affiliates, subsidiaries, officers, directors, managers, personal trainers, employees, agents, consultants, information providers or suppliers, shall have any liability to you under any theory of liability or indemnity in connection with your use of Women's Fitness of Boston products or services. You hereby release and forever waive any and all claims you may have against Women's Fitness of Boston for losses or damages you sustain in connection with your use of any Women's Fitness of Boston products or services, this website, http://www.womensfitnessofboston.com the use of any other website maintained by Women's Fitness of Boston.
If Women's Fitness of Boston, or any of its officers, directors, managers, personal trainers, employees, agents, consultants, information providers or suppliers is held to be liable, notwithstanding the foregoing waiver and release in the preceding paragraph, the total liability of Women's Fitness of Boston, its officers, directors, managers, personal trainers, employees, agents, consultants, information providers and suppliers, if any, for losses or damages shall not exceed the fees actually received by Women's Fitness of Boston from you for the particular product, information or service provided. All other damages, direct or indirect, special, incidental, consequential or punitive arising from any use of the products, information, services or other parts of Women's Fitness of Boston are hereby excluded and waived even if Women's Fitness of Boston or its officers, directors, employees, agents, consultants, information providers or suppliers have been advised of the possibility of such damages. You agree that any and all data entered into the system is the property of Women's Fitness of Boston, including but not limited to all Exercise Programs, and Recipes.
NOTICE: Women's Fitness of Boston may deliver notice to you by means of phone, e-mail, text message, a general notice on this website or other website maintained by Women's Fitness of Boston or by written communication delivered by mail to your address on record.
Women's Fitness of Boston licenses the Health Management Software from Incharge Life. and all User Agreement Terms, Conditions, and Cancellation Policies outlined above apply to Women's Fitness of Boston and all of its Users, Administrators, and Trainers.
PRIVACY POLICY
You should check the content of this Privacy Policy periodically for changes as Women's Fitness of Boston reserves the right to make such changes, without notice to you. By using this website after such changes have been made and posted you agree to accept those changes, whether you have reviewed them or not. If at any time, you do not agree to these Privacy Policies, your sole remedy is to discontinue use of this website. Any use or continuation of use of this Website is deemed to be your acceptance of this Privacy Policy.
Women's Fitness of Boston takes care to respect the privacy of its online users . For the purposes of this Privacy Policy, there are two categories of information provided to Women's Fitness of Boston by online users: personal information and non-personal information. 'Personal information' is information that identifies the user and includes: names, addresses, phone numbers and e-mail addresses. All other information is deemed to be 'non-personal'.
Personal information is collected by Women's Fitness of Boston only when voluntarily disclosed by the user. In situations where Women's Fitness of Boston requires personal information in order to provide members with customized services or where this information is needed to inform users about new features or services, Women's Fitness of Boston will provide notice to the user by expressly requesting that such information be provided. The user is never obligated to provide personal information. However, some services offered by Women's Fitness of Boston are unavailable unless personal information is provided.
Women's Fitness of Boston requests personal information when you subscribe for some of our services. This information may include: your name, email address, and other non-personal information in order to provide you with a customized personal health management system. Women's Fitness of Boston will not voluntarily disclose any of your personal information unless you authorize us to disclose, the law requires disclosure or disclosure is necessary to protect the rights or property of Women's Fitness of Boston.
Any non-personal information or material a user discloses or provides to Women's Fitness of Boston by mail, telephone, fax or Internet electronic mail or other mode of communication or transmission is deemed to be provided on a non-confidential basis. Women's Fitness of Boston will be free to use and reproduce any such information freely, and for any purpose. For example, Women's Fitness of Boston reserves the right to use comments provided by users or participants on websites, bulletin boards, chat rooms and in the newsletter for the purposes of promotion and marketing. Specifically, Women's Fitness of Boston will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose including, but not limited to: developing, manufacturing or marketing of products. Any information the user discloses or submits to Women's Fitness of Boston must be truthful, legal, and not violate the rights of others. However, Women's Fitness of Boston makes no warranties or representations as to the veracity or legality of such information.
Our Internet websites collect non-personal information from online users in order to track the total of number of visitors to the site in aggregate form and identify the type of Internet browser and operating system used by the visitor. This information allows Women's Fitness of Boston to continuously improve our websites. Personal information is not collected in this tracking process.
All users are solely responsible for maintaining the secrecy of their passwords and account information.
Be aware that there is always some risk involving breaches of privacy or security when transferring information via the Internet. Therefore, notwithstanding this Privacy Policy, Women's Fitness of Boston cannot guarantee or warranty the privacy or security of any information you or any user transmits using this or any website maintained by Women's Fitness of Boston. Consequently, any transmission of information is done at your own risk.
Bulletin Boards & Chat Rooms
Our Support Areas may have bulletin board formats that provide our members with the opportunity to communicate with other members or Women's Fitness of Boston staff to exchange experiences and provide advice or suggestions for the use and development of Women's Fitness of Boston's products and services. Visitors may also access these forums and interact with our online community of members.
Our Privacy Policy does not apply when users access or use our bulletin boards, chat rooms or any other public forum provided by Women's Fitness of Boston. If you provide information about yourself, including personal information which may identify you or your whereabouts while accessing or using our bulletin boards, chat rooms or any other public forum provided by Women's Fitness of Boston, you do so at your own risk.
You may be offered the opportunity to include your e-mail address with your message but you are not obligated to do so. Our bulletin boards, chat rooms and other public forum areas may or may not be monitored by Women's Fitness of Boston to prevent inappropriate messages from being posted. Although Women's Fitness of Boston reserves the right to remove any postings in these forums without notice, Women's Fitness of Boston is not obligated to remove postings that you or any other member, visitor or user may find offensive or objectionable.
Women's Fitness of Boston makes no representations or warranties in relation to the accuracy, completeness, veracity or legality of any information communicated or posted on any bulletin board, chat room or other public forum. Women's Fitness of Boston shall not be liable for damages or consequences of any kind associated with the use, misuse or inability to access any bulletin board, chat room or other public forum.
Any information you provide on our bulletin boards, in our chat rooms or any other public forum provided by Women's Fitness of Boston becomes the property of Women's Fitness of Boston. Women's Fitness of Boston will be free to use and reproduce any such information freely and for any purpose. Women's Fitness of Boston will not sell e-mail addresses from our bulletin boards.
Cookies
'Cookies' are pieces of information that Internet websites transfer to your computer's hard drive for record-keeping purposes. The use of cookies is now an industry standard and they can be found on almost all major websites.
Women's Fitness of Boston may track your visit to this website by giving you a cookie when you enter. Women's Fitness of Boston uses cookies to make visiting our websites easier. Cookies also help Women's Fitness of Boston to track user trends.
In addition, third party advertising networks may issue cookies when serving advertisements. Women's Fitness of Boston may use third party advertising companies to serve ads on this website or other websites maintained by Women's Fitness of Boston. These third parties may employ cookies or similar devices such as, 'action tags', 'gifs' or 'web beacons' to measure advertising effectiveness. Generally, information collected through the use of these devices is anonymous.
A Special Note to Parents and Caregivers
Women's Fitness of Boston cares about children and their families. Whenever children use computers, parents and caregivers should supervise their activities responsibly. Parents and caregivers must be especially diligent when children use the Internet, email, and other online services.
Women's Fitness of Boston will only offer products and services to those persons represented to be eighteen years of age or older. However, because some of the products and services offered by Women's Fitness of Boston are accessible and obtainable via the Internet, Women's Fitness of Boston cannot guarantee that its products and services are not being ordered or used by persons who are actually eighteen years of age. It is the responsibility of parents and caregivers to ensure that only those persons who are actually eighteen years of age or older are ordering and using Women's Fitness of Boston's products and services. Consequently, Women's Fitness of Boston shall not be liable for damages or consequences of any kind arising from the use of Women's Fitness of Boston's products or services by persons seventeen years of age or younger.
Parents and caregivers must also be diligent in monitoring children's access to credit cards, as products and services offered by Women's Fitness of Boston can be purchased with credit cards. The credit card holder will be responsible for any unauthorized use by anyone including children.
Products and Services
Women's Fitness of Boston reserves the right to change or discontinue any of its products or services without notice to you.
Sale of Business
Women's Fitness of Boston reserves the right to transfer any or all information collected on this or any other website maintained by Women's Fitness of Boston to a third party in the event of a sale, merger, or other transfer of all of substantially all of the assets of Women's Fitness of Boston provided that the third party agrees to the terms of our Privacy Policy.
Legal Jurisdiction
Any disputes regarding the terms and conditions contained herein shall be governed by the laws of Massachusetts. Any legal action against Women's Fitness of Boston must commence and proceed in the Massachusetts.