[INSERT FORMAL COMPANY NAME – i.e. include “Inc.” or “LLC”] (the “Company”) respects the privacy concerns of the users of its website, www.kajabi.com and the services provided therein (the “Site”). The Company thus provides this privacy statement to explain what information is gathered during a visit to the Site and how such information may be used.
Use of Information: As a general policy, no personally identifiable information, such as your name, address, or e-mail address, is automatically collected from your visit to the Site. However, certain non-personal information is recorded by the standard operation of the Company’s internet servers. Information such as the type of browser being used, its operating system, and your IP address is gathered in order to enhance your online experience.
The Site’s various mailing lists, downloads, special offers, contests, registration forms, and surveys may request that you give us contact information such as your name, mailing and/or e-mail address, demographic information such as your age and gender, and personal preference information such as your preferred software and interests. Information submitted at the time of submission will be used by the Company only as necessary for our legitimate business interests, including without limitation the improvement of our products, services and the contents of the Site. The Company may also share such information with our business and promotional partners to further those interests. Personally identifiable information is never sold or leased to any third parties. With your permission, we may use your contact information to send you information about our company and products. You may always opt-out of receiving future mailings as provided below. The Company does not store any credit card information it may receive in regard to a specific transaction and/or billing arrangement except as necessary to complete and satisfy its rights and obligations with regard to such transaction, billing arrangement, and/or as otherwise authorized by a user.
The Company may disclose user information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference (either intentionally or unintentionally) with the Company’s rights or property, other users of the Site, or anyone else that could be harmed by such activities.
The Company may also be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Children Age 16 and Under: The Company recognizes the special obligation to protect personally identifiable information obtained from children age 16 and under. AS SUCH, IF YOU ARE 16 YEARS OLD OR YOUNGER, THE COMPANY REQUESTS THAT YOU NOT SUBMIT ANY PERSONAL INFORMATION TO THE SITE OR TO THE COMPANY. If the Company discovers that a child age 16 or younger has signed up on the Site or provided us with personally identifiable information, we will delete that child’s identifiable information from our records.
Kajabi nonetheless encourages parents to go online with their kids. Here are a few tips to help make a child’s online experience safer:
Kajabi uses the following cookies on the Site:
|_kjb_session||Kajabi session cookie||Tracks your active admin session so you don't need to re-login|
|kjba||Kajabi affiliate token||Tracks which affiliate has referred an offer purchase|
|_abv||Admin bar hidden||Tracks whether the user wishes their admin previewing bar to be hidden|
[PLEASE NOTE THAT THESE ARE EXAMPLES AND YOU MUST UPDATE THIS TO ACCURATELY REFLECT ANY COOKIES YOU MAY USE]
Malware/Spyware/Viruses: Neither the Company nor the Site knowingly permit the use of malware, spyware, viruses, and/or other similar types of software.
Bulletin Boards and Chat Areas: Guests of the Site are solely responsible for the content of messages they post on the Company’s forums, such as chat rooms and bulletin boards. Users should be aware that when they voluntarily disclose personal information (e.g., user name, e-mail address, phone number) on the bulletin boards or in the chat areas, that information can be collected and used by others and may result in unsolicited messages from other people. You are responsible for the personal information you choose to submit in these instances. Please take care when using these features.
Choice/Opt-Out: The Site may provide you the opportunity to opt-in to receive communications from us at the point where we request information about you. You always have the option of removing your name from any e-mail list in order to discontinue any such future communications. In order to ensure immediate removal from any list, please follow the specific instructions set forth within the communications you receive from the Company which you no longer wish to receive. If you are unsuccessful in completing the instructions specified in any such communication, please e-mail us at [INSERT LEGAL EMAIL ADDRESS], including a copy of the undesired email attached to the request, and state you wish to be removed from the mailing list.
Transfer of Information Across National Borders: Our site and various information we collect are operated on servers located in various jurisdictions, including the United States. When you access or use the Site and/or our services, personal information about you may be transferred outside the country in which you are situated to these other locations. The Company’s policies ensure that such personal information is protected to the same standard when processed by any Company entity or office around the world. We also ensure that appropriate contracts containing standard data protection clauses approved by the European Commission to protect that information and the rights of individuals are in place with any and all third-party service providers we may use.
Your Access to and Control Over Your Personally Identifiable Information: At any time, but only once per calendar year, or as otherwise required under applicable law, users may contact Company to review the personally identifiable information that Company has collected about you. If you discover any errors, please notify Company and the information will be corrected. To review the personally identifiable information that company has collected about you, please send an email to [INSERT LEGAL EMAIL ADDRESS] with the subject line: “Personal Information Review Request.” Users may also request that Company delete a user account(s) or, if you have not established a user account, your email address, and any related data at any time. If you wish to delete your user account(s), please email us at [INSERT LEGAL EMAIL ADDRESS] with the words “Delete Account” in the subject line. If you do not have a user account and wish to delete your email address or other personally identifiable information that you might have provided through your use of the Site, any Games, and/or any Services, please email us at [INSERT LEGAL EMAIL ADDRESS] with the words “Delete My Information” in the subject line.
You may also choose to confirm that the Company does not use your personal information in certain ways and/or to otherwise “opt out” of certain uses of that personal information, including without limitation (i) when your personal may to be disclosed to a third party unrelated to the Company and/or parties directly related to providing your Services and/or (ii) when your personal information may be used for a purpose that is materially different from the purpose(s) for which it was originally collected or subsequently authorized by you. If you wish to limit your personal data in either such way, or have other questions about how the Company may use your personal data, please contact us at [INSERT LEGAL EMAIL ADDRESS] with the words “Privacy Request” in the subject line.
Your California Privacy Rights: California Civil Code Section 1798.83 permits California residents to request from companies conducting business in California a list of third parties to which the company has disclosed personally identifiable information during the preceding year for direct marketing purposes. Company has not and will not share your personally identifiable information with third parties for their direct marketing purposes; accordingly, it will not maintain such a list of third parties. If you are a resident of California and want additional information confirming how Company does not share your personally identifiable information with third parties for their direct marketing purposes, you may contact us at [INSERT LEGAL EMAIL ADDRESS] with the words “California Privacy” in the subject line of your email.
Contact Information for Complaints or Concerns: If you have any complaints or concerns about the Company or about this privacy statement, please contact:
Via email: [INSERT LEGAL EMAIL ADDRESS]
Via regular mail:
[INSERT ADDRESS HERE]
Information provided by you via general e-mail inquiries to the Company such as your e-mail address is used only to respond to your inquiries in the ordinary course of business, and is never shared with third parties.
If you are a resident of the EU and have an unresolved data privacy concern or personal information collection, use, or disclosure concern, you may file a complaint/inquiry with us at:
Security/How Your Personally Identifiable Information Is Protected: Security for all personally identifiable information is extremely important to us. We have implemented technical, administrative and physical security measures to attempt to protect your personally identifiable information from unauthorized access and improper use. We also protect your personally identifiable information offline. Only employees who need the information to perform a specific job (for example, customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment. We continually review all such measures and update them when appropriate. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, Company cannot ensure or warrant the security of any information you transmit via the internet. By transmitting any such information to Company, you accept that you do so at your own risk.
Last Updated: May 30, 2018
DISCLAIMER: This document and all of information contained herein are presented for informational purposes only. Nothing contained herein is intended as legal advice. The receipt or review of any information does not create an attorney-client relationship with Kajabi, LLC nor any attorney associated with Kajabi, LLC. Nothing in this document is intended to be a substitute for legal advice obtained from an attorney licensed in the appropriate jurisdiction.
FIT2Order Terms and Conditions of Use and Medial Clearance
Acceptance of Terms and Conditions Agreement to be Bound
These TERMS AND CONDITIONS, including the ARBITRATION CLAUSE, (“Terms”) are agreed to by and between FIT2Order, LLC, also trading as connect2FIT, band2FIT, and Chronic Condition e-learning Modules (“FIT2Order,” “connect2FIT,” “band2FIT,” and “Chronic Condition e-learning Modules,” “We”) and all customers, clients and users as set forth herein (“You”). These terms govern your access to and use of the websites, products, data, services and Content provided to you on, from or through the FIT2Order.com, connect2FIT.com and band2FIT.com websites and Chronic Condition e-learning products, mobile or tablet apps, any software, applications, membership portals and affiliated companies (“Service”). We reserve the right to withdraw or amend the Service, in our sole discretion and without notice to you. We will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period. As used herein, “Content” includes the logos, images, software, videos, text, graphics, photos, sounds, music, audiovisual combinations, interactive features, collections and other materials you may view on, access through, or contribute to the Service.
By accessing and using the Service, you agree, on your own behalf and on behalf of any corporation or other legal entity that you represent or for which you access the Services (your “Company“), to be bound by and comply with the following terms and conditions of use and to comply with all applicable laws and regulations. If you do not agree to these Terms, you are not authorized to use the Services. We may change these Terms at any time, and all such changes are effective upon its posting on the website. You agree to be bound by any modification to these Terms when you use the website after any such modification is posted; it is therefore important that you review these Terms regularly.
Conditions for General Use
We provide Content through websites and through the Service that is copyrighted and/or trademarked work of FIT2Order or FIT2Order’s third-party licensors and suppliers or other users of the Content.
Subject to the Terms, and your compliance with these Terms, FIT2Order hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Content and to use the Service, including FIT2Order’s, connect2FIT’s, band2FIT’s and Chronic Condition e-learning websites and products, solely for your personal use. Except for the foregoing license, you have no other rights in the Service or Content and you may not modify, edit, copy, reproduce, creative derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Service, including FIT2Order’s, connect2FIT’s, band2FIT’s and Chronic Condition e-learning websites and products or any Content in any manner.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Content.
FIT2order makes available software that allows you to access the FIT2order.com, connect2FIT.com, band2FIT.com and Chronic Condition e-learning products and websites and the Service from a mobile device ("Mobile Application"). To use the Mobile Application you must have a mobile device that is compatible with the mobile service. FIT2order does not warrant that the Mobile Application will be compatible with your mobile device. FIT2order hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your personal use.
General Registration Requirements
In order to access some features of the Service, you will have to create a FIT2order, connect2FIT, band2FIT and/or a Chronic Condition e-learning module account.
Your Content Submissions
Whether you are a “Visitor” (which means you browse the website(s)) or you are a “Member” (which means you are a registered user), you may submit content to the Service, including photos, videos, and user comments (“Content Submissions”). All Content Submissions become the property of FIT2order and can be used, displayed, transmitted and/or published by FIT2order in any media format. You understand the FIT2order does not guarantee any confidentiality with respect to any Content you submit. FIT2order does not endorse any Content submitted to the Service, and FIT2order expressly disclaims any and all liability in connection with Content. FIT2order does not permit copyright infringement of intellectual property on the Service and reserves the right to remove all Content without prior notice. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Content posted by you or through the Service.
Ownership of Content/Content Submissions
You understand and agree that FIT2order is, and will remain, the exclusive owner of all right, title, interest, including, without limitation, all copyright rights in and to the connect2FIT, band2FIT and Chronic Condition e-learning modules video and audio recordings, all Content, Content Submissions, and all commercial, informational, advertising or promotional products, services or other materials or content developed in connection with the Service.
Links to Third-Party Sites.
FIT2order.com, connect2FIT.com, band2FIT.com and Chronic Condition e-learning modules link to other sites, including but not limited to, social networking, blogging and similar websites through which you are able to log into the Services using your account and log-in credentials for such third-party sites and websites. In certain situations, you may be transferred to a Third-Party Site, but it may appear that you are still on a FIT2order site. FIT2order does not make any representations or take responsibility for such Third-Party Sites. You agree that FIT2order will not be responsible or liable directly or indirectly for any goods, services, information, resources or content through any Third-Party Sites.
Health Disclaimer and Medical Clearance
FIT2order is not responsible for any injuries that result from participating in the activities shown on the Service. You expressly waive and release any claim that you may have at any time for injury of any kind against FIT2order, or any person or entity involved with FIT2order, including without limitation, its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
The Services of FIT2order, connect2FIT, band2FIT and Chronic Condition e-learning Modules do not provide medical advice. The websites and products are designed for educational and informational purposes only. The information contained herein is not intended to substitute for informed medical advice. You should not use this information to diagnose or treat a health problem or disease without consulting a qualified health care provider. Do not alter anything in your treatment plan based upon the information on this site; always consult with your physician before starting a fitness regime.
It is advised that you seek the advice of a physician before beginning any nutrition and/or physical exercise regimen, routine, or program, including participating in any nutritional plan, diet plan, use of supplements and any of the activities shown on the Service, including the use of any suggested equipment shown in any of the Content. As with any exercise program, if at any point during your workout you begin to feel faint, dizzy or have physical discomfort, you should stop immediately.
By using the Service you represent that you understand that the practice of physical exercise and the use of equipment such as weights or resistance bands, other weight bearing exercise equipment, steppers, bikes, treadmills involve strenuous physical movement and that such practice carries the risk of injury whether physical or mental. You understand that, regardless of your physical condition, it is your responsibility to judge your physical and mental capabilities for practicing physical exercise. It is your responsibility to ensure that by participating in classes and activities from the Service, you will not exceed your limits in, and you will select the appropriate level of classes for your skills and abilities. You understand that instructors may suggest physical adjustments, movements of modifications or the use of equipment and it is your sole responsibility to determine if said suggestions are appropriate for you. You expressly waive and release any claim that you may have at any time for injury of any kind against FIT2order, connect2FIT, band2FIT, Chronic Condition e-learning Modules or any person or entity involved with FIT2order, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
THE USE OF THIS SERVICE BY YOU AND YOUR COMPANY IS AT YOURS AND ITS SOLE RISK. ACCORDINGLY, THE SERVICE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR CHRONIC ILLNESS, TITLE AND NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
The Services are provided to you because of your employment with your Company. You understand that on the date of termination of your employment with Company, your membership terminates on that date as well. Upon termination of employment, your user name and password will be disabled.
Intellectual Property Infringement
FIT2order respects the intellectual property rights of others, and we ask you to do the same. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our websites, please provide FIT2order’s designated agent the following information:
FIT2order’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows: FIT2order’s Copyright Infringement Agent, 606 Bosley Avenue, Suite 2C, Towson, MD 21204
You understand and agree that we own, or (where applicable) we have lawfully licensed from or contracted with third parties, all right, title and interest in and to the Service and all of the content, and that you acquire no ownership interest by accessing or using the Services or the content. No content (including but not limited to text, graphic image, photo, audio/video clips, or computer/internet programming code) contained on this Site may be downloaded printed or distributed via print or electronic format for any commercial use or other use not expressly authorized herein without prior written consent from FIT2order, LLC.
When you use connect2FIT’s Services, we collect information about the actions you take, including watching, commenting (e.g. “like,” “favorite,” “dislike” and other similar statements), searching for and collecting videos, entering comments or annotations, and following topics or users. All of the actions you take on connect2FIT are public, and may be visible to other users, or published to your linked Third-Party Services accounts with your consent. We have implemented security precautions to protect the personal information we collect. However, no data transmission or storage is 100% effective.
YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FIT2Order, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS ASSIGNESS AND ALL SUCCESSORS IN INTEREST DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. FIT2Order MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE CONTENT OF ANY SITES LINKED TO FIT2ORDER, CONNECT2FIT, AND BAND2FIT’S WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL:
These Terms will be construed and enforced in accordance with the laws of the State of Maryland. You and your Company submit to personal jurisdiction in Maryland, and any cause of action arising under these Terms or otherwise involving these Services will be brought exclusively in a court in Baltimore, Maryland. You hereby knowingly and voluntarily waive the right to a jury trial in any actions, suits or proceedings arising out of or relating to these Terms.
You agree to defend, indemnify and hold harmless FIT2order, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses, including attorney’s fees arising from your use and access to this Service.
You and FIT2order both agree to arbitrate all disputes and claims arising out of the Service and/or the Terms and Conditions. We agree to resolve any claims relating to the Service and/or these Terms and Conditions through final and binding arbitration. You may opt out of this agreement to arbitrate only as set forth below. If you do so, neither you nor FIT2order can require the other to participate in an arbitration proceeding. To opt out, you must notify FIT2order in writing within 30 days of the date that you accept these Terms. You must use this address to opt out: FIT2Order, LLC ATTN: Arbitration Opt-out, 606 Bosley Ave, Suite 2C, Towson, MD 21204. You must include your name and address, email and a clear statement that you want to opt out of this arbitration agreement. The arbitration shall be conducted in the state of Maryland and on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association.
Ability to Accept Terms
You affirm that you are either more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations affirmations and warranties set forth in these Terms.