eXercise Friends, Inc.
Privacy Policy & Terms of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE CAREFULLY.

By using this site, you are deemed to have agreed to these terms and conditions of use. We reserve the right to modify them at any time. You should check these terms and conditions periodically for changes. By using this site after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these terms and conditions of use, please do not use this site.

Scope of Terms and Conditions
These terms and conditions apply to your use of all of the sites and services owned or operated by Exercise Friends, Inc., and affiliated companies, including "private-label" versions of our site operated on behalf of third-party companies that Exercise Friends has a contractual relationship with, including health.com, seekover.com, doogen.com (collectively, the "Sites"). Unless we say otherwise, all references to the Sites in these terms and conditions include all such sites. These terms and conditions do not apply to your use of unaffiliated sites to which any of the Sites only links.

Restrictions on Use of Materials
The contents of our sites are protected by copyright and trademark laws, and are the property of their owners. Unless we say otherwise, you may access the materials located within the Sites only for your personal use. This means you may download one copy of posted materials on a single computer for personal, noncommercial home use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material you do not obtain any ownership rights in that material.

You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Sites. Only if you obtain prior written consent from us - and from all other entities with an interest in the relevant intellectual property - may you publish, display or commercially exploit any material from the Sites.

You must abide by all additional copyright notices or other restrictions contained in any of the Sites.

Links
These terms and conditions apply only to the Sites, and not to the sites of any other companies or organizations, including those to which any of the Sites may link. We are not responsible for the availability of any other site to which any of the Sites links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site's administrator or webmaster.

Other sites may link to any of the Sites only through a plain-text link. Permission must be granted by us for any other type of link to the Sites. To seek our permission, you may contact Exercise Friends, Inc., via email to webmaster@exercisefriends.com. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to any of the Sites, at our discretion at any time.

Forums
A "forum" means any message board, chat room, user review forum or other interactive service appearing on any of the Sites and includes both public boards and private folders. You must register in accordance with instructions that you will find on the Sites in order to contribute to any forum. You may not post on any forum, or send to any other forum user or our employee, any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene, invades a person's privacy, violates any intellectual or other property rights, or that would otherwise violate any law. You may not use any forum in a commercial manner. You may not post material that solicits funds, or that advertises or solicits goods or services. You may not post material known to be false. You may not post messages that contain stock touts. You may not post or transmit any information, software or other material that contains a virus or other harmful component.

We are not responsible for material appearing in any forum on the Sites, except for material signed by one of our identified representatives. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the right to modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings.

By posting on the Sites, you grant (or warrant that the owner of such rights has expressly granted) us and/or relevant affiliated companies the worldwide, perpetual, nonexclusive right to use your questions, comments, and postings, in their original or edited form, in television programs, books, articles, commentaries, or in any other medium now known or later developed. You also warrant that you own or otherwise control all of the rights to the content you have posted and that the public posting and use of such content by us will not infringe the rights of any third party. Additionally, you warrant that any "moral rights" in posted materials have been waived.

You are not entitled to any compensation for any materials you may post on the Sites.

Registration
We may, at our discretion, suspend or terminate the registration of any forum user or general user who violates any of these terms and conditions of use, any of the forum member guidelines or for any other behavior that we in our discretion believe is inappropriate.

Disclaimers
THE SERVICES, PRODUCTS AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS OR MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WE OR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

We do not endorse, warrant or guarantee any products or services offered on the Sites. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.

Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITES, OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO THE SITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST DATA), SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE SITES.

No Personal Advice
The information contained in or made available through the Sites (including but not limited to information contained on message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Sites. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.

Parental Permission
Some of the information available on the Sites concerns may not be appropriate for children. Further, the Sites are not directed to children under the age of 13 and we will not knowingly collect personally identifiable information from children under 13. WE STRONGLY RECOMMEND THAT PARENTS PARTICIPATE IN THEIR CHILDREN'S EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES AND USE THEIR BROWSER'S PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.

We may, at our discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and we may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.

We reserve the right to charge fees, surcharges and/or membership fees for all or any of its services currently provided for free at any time upon thirty (30) days' prior written notice to you.

Privacy Policy
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We urge you to read our Privacy Policy.

Jurisdictional Issues
We control and operate this site from our offices in the United States of America. We do not represent that materials on the site are appropriate or available for use in other locations. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Miscellaneous
These terms will be governed by and construed in accordance with the laws of the State of Texas, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these terms will be subject to binding arbitration and will be arbitrated in Texas. If any of these terms and conditions are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining provisions. This is the entire agreement between you and us relating to the subject matter it contains. This agreement may be modified only by our posting of changes to these terms and conditions, or by a writing signed by both parties.

(Last modified on March 1, 2006.)

Exercise Friends, Inc.'s Online Privacy Policy

We are committed to protecting the privacy and security of the users of our sites.

This privacy policy will advise you about how we protect your personal information, and about what choices you have concerning our use of such information. Please read this policy carefully. We may need to change this policy from time to time in order to address new issues and reflect changes on our sites. We will post those changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone. Please refer back to this policy regularly.

If you have any questions or concerns about our privacy policy, please send an e-mail to: webmaster@exercisefriends.com.

Scope of Privacy Policy
This policy applies to your use of all of the sites and services owned or operated by Exercise Friends, Inc., and affiliated companies, including "private-label" versions of our site operated on behalf of third-party companies that Exercise Friends has a contractual relationship with, including health.com, seekover.com, doogen.com (collectively, the "Sites"). Unless we say otherwise, all references to the Sites in this policy include all such sites. This policy does not apply to your use of unaffiliated sites to which any of the Sites only link. This policy covers only information collected on the Sites and does not cover any information collected offline by us.

Personal Identification Information
We may request personal identification information from you (such as your name, street address, telephone number, credit card number, e-mail address, and/or any other identifier that permits the physical or online contacting of you) in connection with your use of, or participation in, membership registration, member-member and group-member communications, contests, sweepstakes, games, surveys, forums, subscription registrations, content submissions, chats, bulletin boards, discussion groups, requests for suggestions, visitors' requests for free products or services or additional information (including via email to us), and in connection with other activities, services or resources we make available on any of our sites. In all of these cases, we will collect personal identification information from you only if you voluntarily submit such information to us. Except as otherwise provided in this policy, we will never intentionally disclose any personal identification information about you as an individual user to any third party without having received your permission.

If you do provide us with personal information for any of these activities, we may use it to conduct the activity. We may also use cookie technology (discussed in detail below) to improve your experience of these activities, including to remember your preferences, customize the content and advertisements that you see or authenticate your access to your personal information. In addition, in the event your personally identifiable information is requested as part of our surveys or polls, such personally identifiable information may be added to your registration information).

We may also contact you to confirm your registration and about your account status, and regarding changes to the Sites' Terms and Conditions and this Privacy Policy.

If you give us your permission, we may also use personal identification information for internal or external marketing and promotional purposes. On occasion, for example, we may send you e-mails to introduce a product or service that we think might be of interest to the users of our sites. For us to obtain your permission to send you this information, we will give you an opportunity to "opt-in" at the time our request for your personal information is made. If you do "opt-in," you may choose to "opt-out" at any time, even after you have provided personal information, by following the procedures set forth below at the end of this Privacy Policy. Please note, however, that under certain circumstances, if you initially do not choose to "opt-in," or if you later "opt-out," you may not be eligible for certain benefits for which a name, e-mail address, telephone number or other personal identification information is needed.

We have the following exceptions to these policies: We may release specific information about you or your account to third party private-label affiliates sponsoring groups within which you have opted-in, we will comply with any valid legal inquiry or process such as a search warrant, subpoena, statute or court order. We will also release specific information in special cases, such as if there is an attempted breach of the security of the Sites, or a physical or property threat to you or others. We may also transfer user information, including personally identifiable information, in connection with a corporate merger, consolidation, the sale of related assets or corporate division or other fundamental corporate change.

Further, the information you enter when making a purchase or an online donation will be shared with payment processors, financial gateways, and your credit card company to authorize credit card payments. Such information may also be shared with necessary third parties solely for the purpose or carrying out the transactions.

Please note that if you give out personal information online -- for example, on one of our public forums such as a message board or chat room, folder, chat IM feature -- that information can be collected and used by third parties. Although we strive to protect our users' privacy, we cannot guarantee the security of information you post in these forums. You disclose such information at your own risk.

You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your registration or password.

Non-Personal Identification Information
We will or may collect non-personal identification information through the use of:

"Cookie" technology: A "cookie" is an element of data that a web site can send to your browser, which may then store it on your system.

"IP address tracking": An IP address is a number that is assigned to your computer when you are on the Internet. When you request pages from our Sites, our servers log your IP address.

"Web beacons": A Web beacon, or "clear gif", is a small graphic image on a webpage or web-based document that a web site can use to determine information about a user.

Non-personal identification information might include the browser you use, the type of computer, technical information about your means of connection to our site-such as the operating systems and the Internet service providers utilized, and other similar information. Our systems may also automatically gather information about the areas you visit and search terms you utilize on our sites and about the links you may select from within our site to other areas of the World Wide Web or elsewhere online.

We use such information to administer the site and, in the aggregate, to understand how our users as a group use the services and resources provided on our sites. This way we know which areas of our sites are favorites of our users, which areas need improvement, and what technologies are being used so that we may continually improve our sites.

We may share this aggregate statistical information with our partners, suppliers and other third parties, but we will not share any individual names, personal navigational or other personal information outside of the Exercise Friends' Sites (as previously defined). For example, we may use a third-party advertising company to serve ads when you visit our Sites. We may share demographic and preference information with this company to allow them to display appropriate advertisements for you.

Most browsers are set to accept cookies. You can set your browser to refuse cookies, or to alert you when cookies are being sent. If you do so, please note that some parts of the Sites may not function properly.

Privacy of Children
We understand that young people need special safeguards and privacy protection. We realize that they may not understand all the provisions of our policy or be able to make thoughtful decisions about the choices that are made available to our adult users. We strongly urge all parents to participate in their children's exploration of the Internet and any online services, and to teach their children about protecting their personal information while online.

The Sites are not directed to children under the age of 13. We prohibit registration by children under 13 and we will not knowingly collect personally identifiable information from children under 13.

We may, at our discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and we may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.

Industry Professionals
Exercise Friends, Inc. allows Industry Professionals including personal trainers, fitness facilities and product and service web sites to add profiles to our site and contact members via communication methods including, but not limited to, member to member emails, group emails, chat, IM, and member forums.

Industry Professional profiles are not endorsed by Exercise Friends. Industry Professional member accounts may be moderated by more than one individual within the professional organization. Contacting or communicating with professionals on our site is at your own discretion and you may opt-out of communication by exiting the group being moderated by the Industry Professional.

Links To Other Sites
Users will find advertising or other content on our sites that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the contents or links that appear on these sites. In addition, these sites or services, including their contents and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies, or no policy (policies) at all. We encourage you to review the privacy policies of any third party sites or services before providing any of them with your personal information.

Security Policy
Protecting your privacy and your information is a top priority. We have taken careful measures to secure both your information and our physical premises. We exercise great care in providing safe transmission of your information from your PC to our servers (unless sent by a means outside of our control, such as e-mail).

Choice/Opt-Out
If you "opt-in" to receive information from us or others, you can change your mind later. If at any time you would like to stop receiving such information or opt-out of a feature, you may go back to ExerciseFriends.com and change your options. You should be aware, however, that it is not always possible to completely remove or modify information in our databases and servers although we will always make reasonable efforts to do so upon your request.

Consent to Transfer
The Sites are operated in the United States. If you are located in the European Union or elsewhere outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using our Web Site, participating in any of our services and/or providing us with your information, you consent to this transfer.

Your Acceptance of These Terms
By using any of the Sites, you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use our sites. Your continued use of the Sites following the posting of changes to these terms will mean that you accept those changes.

(Last modified on March 1, 2006.)