Privacy Policy and Disclaimer
Last Updated on December 17th, 2019
By Using the WhenEver Fitness' #40lbsDown System, App or Website, you have agreed to this privacy policy and disclaimer.
You should consult your physician or other healthcare professional before starting this or any other fitness program to determine if it is right for your needs. This is particularly true if you or your family have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. Do not start a fitness program if your physician or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately. Individual results will vary and we do not guarantee results.
This app and our website offers health, fitness and nutritional information and is designed for educational purposes only. Any nutritional schedules, shopping lists, and related information are presented as samples and you should talk to a physician or other health-care professional before following any program. You should not rely on this information as a substitute for, nor does it replace professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this site. The use of any information provided on this site is solely at your own risk.
If you are in the United States and think you are having a medical or health emergency, call your health care professional, or 911, immediately.
Privacy Policy
Your privacy matters to us so whether you are new to our services or a long-time user, please do take the time to get to know our practices. We collect information to provide better services to all of our customers and users.
This is information you give us. For example, we may ask for personal information, like your name, email address or telephone number.
We may collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information).
We may automatically collect and store certain information in server logs. This may include details of how you used our services, such as your search queries for products, device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL.
How we use the information we collect: We use the information we collect from all of our services to provide, maintain, protect and improve them, to develop new ones, and protect our users. We also use this information to offer you tailored content – like giving you more relevant search results and ads. We may also contact you for a product or service that you inquired about. By using this app you automatically agree to receive e-mail notices, promotions and newsletters. To stop these services, follow the e-mail directions found at the bottom of an e-mail that you have received. You also agree to allow us to give you notifications on your devices.
When you contact us, we may keep a record of your communication to help solve any issues you might be facing. We may use your email address to inform you about our services, such as letting you know about upcoming changes or improvements.
We use information collected from cookies and other technologies, to improve your user experience and the overall quality of our services. For example, by saving your language preferences, we’ll be able to have our services appear in the language you prefer. When showing you tailored ads, we will not associate any anonymous identifier with sensitive categories, such as those based on race, religion, sexual orientation or health.
You may set your browser to block all cookies, including cookies associated with our services, or to indicate when a cookie is being set by us. However, it’s important to remember that some of our services may not function properly if your cookies are disabled.
Where we can provide information access and correction, we will do so for free, except where it would require a disproportionate effort. We aim to maintain our services in a manner that protects information from accidental or malicious destruction. Because of this, after you delete information from our services, we may not immediately delete residual copies from our active servers and may not remove information from our backup systems.
Information we share: We do not share personal information with companies, organizations, and individuals outside of our company unless one of the following circumstances apply:
With domain and server administrators: We provide personal information to our affiliates or other trusted businesses (like payment processing services) or persons to process it for us, based on our instructions and in compliance with our Privacy Policy and any other appropriate confidentiality and security measures.
For legal reasons: We will share personal information with companies, organizations or individuals outside of our company if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to: meet any applicable law, regulation, legal process or enforceable governmental request. Enforce applicable Terms of Service, including investigation of potential violations. Detect, prevent, or otherwise address fraud, security or technical issues Protect against harm to the rights, property or safety of the company, our users or the public as required or permitted by law.
For advertising: We may share aggregated, non-personally identifiable information publicly and with our partners – like publishers, advertisers or connected sites.
If the company is involved in a merger, acquisition or asset sale, we will continue to ensure the confidentiality of any personal information and give affected users notice before personal information is transferred or becomes subject to a different privacy policy.
The following information details the optional auto-renewable subscription. Payment will be charged to iTunes/Google/Stripe/Authorize Account at confirmation of purchase. Subscription automatically renews at the end of the time period unless the auto-renew is turned off at least 24-hours before the end of the current period. Your Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase. Any unused portion of a free trial period, will be forfeited when the user purchases a subscription to that publication, where applicable.
We work hard to protect our website and app and our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. We encrypt many of our services using SSL. We review our information collection, storage, and processing practices, including physical security measures, to guard against unauthorized access to systems. We restrict access to personal information to employees, contractors, and agents who need to know that information in order to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations. We are PCI compliant
We have many different divisions for Blair Enterprises, Inc. in USA, Minnesota. This policy is in effect for any associated data collection with any division of Blair Enterprises, Inc.
Media: As each person’s conscience is different, please be aware certain health, material, images or videos on this app or our website may show body parts, suggestions and movements that may be offensive to some individuals. Please note that we do take the conscience of others seriously but if you find these materials offensive do not use this app or our site as a way to correct the situation. If someone posts offensive materials as dictated by the management they may be removed or banned without compensation. What are offensive materials as dictated by the management? We love to see your body in great shape, however, this app and website is for public viewing and thus treat it as a public location (Such as a park or beach), thus nudity, near nudity, hate, violence, etc would not be acceptable in most public locations and thus it should not be in this app. All media remains the rights of the owners, however, if you post an item to be used, that gives us the right to use the said image for the purpose of advertising, promotions, media, and news without additional compensation.
Statement of Rights and Responsibilities: For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with WhenEver Fitness or Blair Enterprises, Inc. (IP License).
When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of WhenEver Fitness, to access and use that information, and to associate it with you. We always appreciate your feedback or other suggestions, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them
Safety: Do not post unauthorized commercial communications on WhenEver Fitness or another business connected to Blair Enterprises, Inc. You will not collect users’ content or information or otherwise access WhenEver Fitness, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on WhenEver Fitness. You will not upload viruses or other malicious code. You will not bully, intimidate, or harass any user. You will not post content that: is hate speech, threatening, or pornographic; incites violence or contains nudity or graphic or gratuitous violence. You will not use WhenEver Fitness to do anything unlawful, misleading, malicious, or discriminatory. You will not do anything that could disable, overburden, or impair the proper working or appearance of WhenEver Fitness, such as a denial of service attack or interference with page rendering or other WhenEver Fitness functionality. You will not facilitate or encourage any violations of this Statement or our policies.
Protecting Other People’s Rights: We respect other people’s rights and expect you to do the same. You will not post content or take any action on WhenEver Fitness that infringes or violates someone else’s rights or otherwise violates the law. We can remove any content or information you post if we believe that it violates our policies. If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal. If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate. You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission. If you collect information from users, you will: obtain their consent, make it clear you are the one collecting their information and post a privacy policy explaining what information you collect and how you will use it.
Mobile and Other Devices: We currently provide our mobile app and website services, but please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply.
Termination: If you violate the letter or spirit of this Policy, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of WhenEver Fitness to you. We will notify you by email or at the next time, you attempt to access your account. You may also delete your account or disable your application at any time.
Disputes: If anyone brings a claim against us related to your actions, content or information on WhenEver Fitness, you will indemnify and hold us harmless from and against all damages, loss of limbs, heart attacks, death, other losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions on WhenEver Fitness and are not responsible for the content or information users transmit or share on WhenEver Fitness. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on WhenEver Fitness. We are not responsible for the conduct, whether online or offline, of any user of WhenEver Fitness.
Food & Nutrition: Like a fitness program you should consult your physician or other healthcare professional before starting any nutritional program to determine if it is right for your needs. This is particularly true if you or your family have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. Do not start a program if your physician or health care provider advises against it. This app and our website offers health, fitness and nutritional information and is designed for educational purposes only. Any nutritional schedules, shopping lists, and related information are presented as samples and you should talk to a physician or other health-care professional before following any program. You should not rely on this information as a substitute for, nor does it replace professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this site. The use of any information provided on this site is solely at your own risk. Developments in medical research may impact the health, fitness and nutritional advice that appears here. No assurance can be given that the advice contained in this site will always include the most recent findings or developments with respect to the particular material.
Emergency: If you are in the United States and think you are having a medical or health emergency, call your health care professional, or 911, immediately.
Personal Trainers and Streaming: If you are disconnected due to connection, software, or any other issues, we are not responsible to compensate you for any loss. All sales that are done person to person that is not a direct WhenEver Fitness employee is considered a transaction that doesn’t involve WhenEver Fitness. If you hire a Trainer and you have a grievance with that trainer or fitness student, you may issue a complaint, however, the issue is between the two parties that entered that agreement. When using online training we recommend using caution and pay via a safe processor such as PayPal, Google or Apple. We are not and can not be responsible for contracts outside of WhenEver Fitness.
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