|Last Updated: January 15, 2015
You agree that you will:
You agree that you will not undertake any of the following actions when using this site:
- provide NRG Fitness with the personal information necessary to carry out its services;
- provide accurate information to NRG Fitness;
- submit any forms that are necessary to participate in a NRG Fitness health and wellness coaching program;
- provide accurate contact information;
- update your personal information when a change occurs or otherwise notify NRG Fitness of changes in your personal information;
- notify NRG Fitness of any decision to end your participation in any NRG Fitness health and wellness coaching programs; and
All content (including documents, information, and materials) on the site is protected by the copyright laws of the United States. At all times the copyrights in and to content on the site are and shall remain the property of NRG Fitness. Except as specified below, you may not reproduce the content or any portion thereof, in any form or by any means, without prior written permission from NRG Fitness. You are not permitted to modify, distribute, publish, transmit, or create derivative works from the content or any portion thereof for any public or commercial purpose.
- Misuse the site;
- Copy or use the computer source code or object code of the site or any portion of the site;
- Reverse-engineer, disassemble, reverse assemble, decompile, or create any derivative works based on the site or its content;
- Reverse engineer, disassemble, reverse assemble, decompile, or otherwise attempt to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any protection mechanisms in the code, including any mechanism used to restrict or control the functionality of the code;
- Attempt to derive the source code or the underlying ideas, algorithms, structure, or organization of the code;
- Remove, modify, or attempt to change any content on the site;
- Reproduce, modify, republish, transmit, display, perform, or distribute the content on the site, other than a small number of copies for your personal, noncommercial use as explained below;
- Delete or hack the site;
- Scrape, harvest, or compile content, documents, information, or materials on the site for a commercial purpose or a purpose other than a general search engine; or use a robot, spider, or other automatic or manual application, device, or process to perform such tasks;
- Upload any viruses, Trojan horses, logic bombs, worms, corrupted files, harmful components, corrupted data, or other malicious or harmful software, programs, or data;
- Interfere with the site’s functions or another user’s use of the site;
- Damage the site or the servers or networks connected to the site;
- Use the site to advertise or in connection with the sale or purchase of goods or services;
- Send junk email, spam, chain letters, contests, surveys, pyramid schemes, or unsolicited messages;
- Violate our legal rights or the legal rights of a third party;
- Bully, stalk, or otherwise pose a danger to any user of the site;
- Modify, sell, assign, or transfer the content or reproduce, display, distribute or otherwise use the content in any way for any public or commercial purpose or otherwise except as expressly permitted herein; and/or
- Use content, documents, information, or materials on the site in a manner that infringes on or misappropriates a copyright, trademark, patent, trade secret, or other proprietary or property right.
- You agree that you will not post, upload, distribute, disseminate, or transmit the following types of content to the site:
- Content that violates any law, is indecent, profane, obscene, threatening, defamatory, seditious, offensive, pornographic, abusive, liable to incite hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, or which may cause annoyance or inconvenience;
- Content for which you have not obtained all necessary licenses and/or approvals;
- Content which would constitute a criminal offense or encourage conduct that would be considered a criminal offense or would otherwise be contrary to the law or infringe on the rights of any third party;
- Content that infringes upon or misappropriates any copyright, trademark, patent, trade secret, or other proprietary or property right; and/or
- Content that violates laws regarding false advertising, unfair competition, or invasion of the rights of privacy or publicity.
However, NRG Fitness permits you to view, download, or print a small number of copies of the content (but not the computer source code or object code of the site, or any part of the source or object code, the copying and use of which is prohibited) on the site for your personal, noncommercial use and for no other purpose. All copyright and other proprietary notices will still be applicable. This limited permission is subject to the following restrictions:
NRG Fitness retains all right, title, and interest in and to any content, including text, images, information, software, and graphics on this site, all copies of such content, and all copyrights, proprietary rights, and property rights. Our rights, title, and interest in such any content are protected by intellectual property laws of both the United States and foreign countries.
- no text, images, information, software, graphics, or other content may be modified in any way;
- no images or graphics may be used separately from the corresponding text;
- all text, images, information, software, graphics, and other content must be attributed to NRG Fitness; and
- content is subject to change without notice at the editorial discretion of NRG Fitness.
Other information that may be used to identify you includes your selection of one of the following statuses: full-time employee on medical, full-time employee not on medical, part-time employee on medical, spouse on medical, spouse not on medical, or “other,” which requires a description if selected. Other information that may be used to identify you is also required if you receive an on-site blood draw. We will require you to provide a contact person in case of an emergency, that contact’s name and telephone number and their relationship to you (i.e., mother, friend, spouse). Finally, other information that may be used to identify you includes a “yes” or “no” selection as to whether you would like to us send your results to a physician. If you select “yes,” you will be required to provide your physician’s name, address, and telephone number.
If NRG Fitness is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email or a prominent notice on our site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information in connection with such a change.
V. Site Access and Use
You are responsible for your account access and use on this site. Only you should access your account through this site. You may not share your password or account with others or with any third party.
Any time you voluntarily disclose personal information, there is a risk that such information may be collected, viewed, and used by others. If you know of or suspect unauthorized use(s) of your account, or any known or suspected breach of security, including the loss, theft or unauthorized use or disclosure of your username or password, you must notify:
NRG Fitness, Inc.
Attention: Aaron Lakanen, Operating Partner
9501-B Union Cemetery Road
Loveland, OH 45140
VI. Age Limitations on Site Access and Use
This site is not directed at children or designed to attract users under the age of 13. We do not collect or use personal information from children we actually know are under the age of 13. If we learn that a user is under 13 years of age, we will delete the child’s personal information and may take measures, such as those described in Section VII, Suspension or Termination of Access, to prevent the child from accessing or using the site. If a child sends personal information to us, we will use that information to respond directly to that child to inform the child that parental consent is required to access this site and to provide any personal information to NRG Fitness.
VII. Suspension or Termination of Account Access and Use
Your employer, health plan, or plan sponsor may have contracted with NRG Fitness to provide you with access to this site and NRG Fitness health and wellness coaching services. The site access you receive and the types of health and wellness coaching services that NRG Fitness may provide to you depend on the contract between your employer, health plan, or plan sponsor and NRG Fitness. If you separate from your employer, health plan, or plan sponsor, the health and wellness services provided by NRG Fitness, and your access to this site, may be terminated without prior notice.
VIII. Personal Information Collected by This Site
When you register with or use this site, we will ask you for some or all of the personal information listed in Section II. The personal information that you provide will be treated as private and confidential, consistent with applicable laws.
When you log in to this site after registering, we will ask you for your email address and password. If you are having difficulty with your email address and password, you may recover your password through the email address on file.
This site also collects personal information and other information for scheduling purposes. For example, once you are registered with the site, and deemed eligible to participate in the NRG Fitness health and wellness coaching program, you may enter your personal information in order to schedule a blood draw. We may also collect personal information if you schedule an appointment with a health and wellness coach, including the date, time, name of coach, and length of the appointment.
The site may collect and store certain non-personal information, such as domain names, type of browser (e.g., Netscape, Internet Explorer), operating system (e.g., Windows), click-stream data, pages you visit, and dates and times of access. We may use this information to customize the content and layout of the site for you and improve the content of our site.
IX. Health Insurance Portability and Accountability Act (HIPAA)
Under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as amended by the Health Information Technology for Economic and Clinical Health Act (HITECH), which was part of the American Recovery and Reinvestment Act of 2009, your health plan may be a “covered entity,” as that phrase is defined in HIPAA, HITECH, and the federal rules that implement those laws. NRG Fitness, its agents and subcontractors may be “business associates,” as that phrase is defined in HIPAA, HITECH, and implementing federal regulations. Those laws and rules permit covered entities to disclose “protected health information” to business associates for certain functions and activities, such as data analysis, data aggregation, management, administration, and other services.
In general, “protected health information” is information transmitted or maintained in electronic media or any other form (i.e., paper) about individuals who have been deceased for less than 50 years, that is created or received by a health care provider, health plan, health care clearinghouse, or a business associate; that identifies or for which there is a reasonable basis to believe the information can be used to identify the individual; and that relates to the individual’s past, present, or future physical or mental health or condition, the provision of health care to the individual, or payment for the provision of health care to an individual.
X. Uses and Disclosures of Personal Information and Protected Health Information
NRG Fitness may use and disclose your personal information to perform its services and as permitted by law and its contracts with its customers. If you are participating in our site through your employer, health plan, plan sponsor, we may use your personal information to verify your information and eligibility with your health plan. NRG Fitness may also use the personal information provided by you to register you with the site or to provide you with access to your laboratory results.
NRG Fitness may share aggregated, de-identified information with your employer, health plan, or plan sponsor about employees’ participation and use of the site. De-identified information does not contain the same types of identifiers as personal information or protected health information; de-identified information is information from which eighteen (18) personal characteristics that could reasonably be used to identify you have been removed. De-identified, aggregated data may be used by your employer, health plan, or plan sponsor to evaluate NRG Fitness’s health and wellness coaching programs.
XI. Updating Personal Information
If you would like to review or update your personal information, or ensure it is accurate, you may contact us at email@example.com.
If we received your personal information from a third party (such as your health plan), and you update that information, we do not share the updated information back to the third party. Therefore, if you update your information on our site, you will also need to provide updated information to the relevant third parties.
XII. Retention of Personal Information
We will retain your personal information for as long as your account is active or as needed to provide you with access to the site. If you delete the essential personal information that is required for us to provide you with access to certain areas of our site, you will not be able to use the site. It is not possible for you to delete all of your personal information and your activity from our database and systems. If we have already disclosed some of this information to third parties, we cannot access that information any longer and cannot force the deletion or modification of any such information by the parties to whom we have made those disclosures.
XIII. Protection of Personal Information Collected on this Site
NRG Fitness uses firewalls, 256 bit SSL encryption, and database-level encryption to secure your personal information. We restrict access to your personal information to NRG Fitness employees, agents, and contractors who require such access for the performance of their job duties. We use reasonable and appropriate technical safeguards and security measures to protect your personal information when you enter, access, and submit such information on our site. For example, you will be automatically logged out of the site after a certain period of inactivity. However, you should be aware that personal information transmitted over the Internet cannot be completely protected and secured from loss, unauthorized access, misuse, improper disclosure, or other hazards or security risks. NRG Fitness does not guarantee the security of any personal information you transmit through this site.
XIV. Educational Information Provided on the Site
This site is designed for educational purposes only. This site does NOT provide medical advice. The information provided on this site is NOT intended to replace a consultation with a physician or other qualified health care professional. The content on this site and the information that you may receive from NRG Fitness or its employees is NOT intended to be a substitute for a consultation with a physician or the receipt of professional medical advice. The content on this site and the services provided by NRG Fitness and its employees are NOT intended to be relied on for medical diagnosis or treatment purposes.
NRG Fitness provides general health and wellness information on the site, including workout tips and recipes. It is your responsibility, in consultation with your physician or another qualified health care professional, to decide whether to follow the general health information on this site. If you have questions regarding information that you read on this site, seek the advice of your physician or another qualified health care provider. You should never delay in seeking medical attention because of any information that you read on this site. If you have a medical emergency, call 911 or your local medical emergency telephone number.
NRG Fitness cannot guarantee that the general information included on this site is the most comprehensive information available with regard to health, wellness, nutrition, or other topics. The content on the site is general in nature. If you have questions about the information provided on this site, consult your physician or another qualified health care professional. Do not delay in seeking medical attention or ignore the advice provided by your physician based on the content available on this site.
XV. NRG Fitness Health and Wellness Coaching
Although NRG Fitness employees may include health care professionals, these health care professionals are not your treating physician. NRG Fitness employees are not in a physician-patient, clinical, or treatment relationship with you. The NRG Fitness employees will not diagnose or treat diseases or other health problems. You should not use this site to ask any medical questions of NRG Fitness employees.
You should advise your treating physician or health care professional that you will be participating in a health and wellness program with NRG Fitness. If your involvement with NRG Fitness or this site will include exercise, you ask your physician before performing any exercise or starting an exercise program.
Any exercise or exercise program may result in injury. You agree to use proper and safe techniques and protective equipment for exercise. By using this site and undertaking any exercise shown on this site or a link to any third-party site, you accept all risks associated with such exercise or exercise program. By accessing and using this site, you agree that NRG Fitness is not liable for any resulting injury or injuries and you understand that NRG Fitness cannot prevent the risk of injury from an exercise or exercise program.
XVI. Links to External Websites
This site may include or provide links to other websites on the Internet that NRG Fitness does not control. For example, our site may provide links to YouTube, government websites on nutrition and wellness, such as the United States Department of Agriculture website www.choosemyplate.gov, and other websites that provide articles and information. If we include a link to an external website, the inclusion of the link does not imply or express our approval or endorsement of the linked website. Inclusion of a link to an external website does not imply or express our approval or endorsement of the content of the website, opinions expressed on the website, the recommendations made on the website, the products or services offered or provided on the website, or other information included on the website. Additionally, we are not responsible for the nature, quality, or accuracy of the content or opinions expressed by individuals, companies, or others on such websites.
XVII. Links From External Websites
You or any user may link to the home page of this site, subject to the following conditions:
- You must not duplicate or replicate the home page of the site;
- You must not remove, distort, or otherwise alter the size or appearance of our logo;
- You must not remove any trademark or copyright notices (™, ®, ©);
- You must not create a frame or any other browser or border environment around the site;
- You must not link to internal pages or sub-pages of this site;
- You must not imply that NRG Fitness endorses any products or services of an external site or entity;
- You must not misrepresent your relationship with NRG Fitness or present any false information about NRG Fitness;
- You must not link from a website for which you are not the owner or employee;
- The website from which you link must not contain content that is obscene, offensive, or controversial or that infringes any intellectual property right or another person’s right; and
- The website from which you link must comply with all applicable laws and regulations.
XVIII. Privacy Policies of External Websites
XIX. Cookies and Other Tracking Technologies
A cookie is a small text file placed on your computer to store information to help personalize your site use. We store a global user identifier cookie (GUID) on your browser, which lets us know who you are. We do not store user names, passwords, or personal information.
When you are active in the public areas of the site, such as workout tips or recipes, we may track your activity on the site and the content related to such activities in order to manage content and improve our site. We use Google Analytics for the public areas of the site.
You fully indemnify NRG Fitness for any action, claim, loss, or damage suffered by you and for any action, claim, loss, or damage arising out of or relating to links that you create to our site. You also fully indemnify NRG Fitness for any action, claim, loss, or damage suffered by you arising out of or relating to information posted, uploaded, distributed, disseminated, or transmitted to the site by you or any other user.
XXI. No Warranties
NRG Fitness, its officers, shareholders, and employees make no warranty or representation as to the suitability of the information contained or referred to in, or accessible from, this site, for any purpose. NRG Fitness, its officers, and shareholders make no warranty or representation with respect to the content of this site or information provided by us or our agents, employees, or representatives. NRG Fitness, its officers, shareholders, and employees do not make any warranty or representation concerning errors, omissions, delays or other defects in the information supplied to you or other users, or that its files are free of viruses, worms, Trojan horses, or other malicious code. This site and the information provided by NRG Fitness on this site is provided “as is” and “with all faults” without warranty of any kind, either express or implied, including warranties and conditions or merchantability, title, non-infringement, timeliness, correctness, completeness, fitness for a particular purpose, use, and application. NRG Fitness, its officers, shareholders, and employees disclaim to the fullest extent permitted by law any and all express or implied warranties and conditions.
This site may contain typographical errors, mistakes, inaccuracies, or omissions, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions and to change, incorporate, or update information at any time without notice.
XXII. Limitation of Liability and Claims
NRG Fitness, its officers, shareholders, and employees exclude any liability for any amount or kind of loss or damage that may result to you or a third party in connection with the use or inability to use the site or that results from the use of the site or any website linked to or from the site, including viruses or malicious software or files that may infect your computer hardware or software. We expressly disclaim liability for any errors or omissions of information contained or referred to in, or accessible from, the site or any website linked to or from the site.
NRG Fitness, its officers, shareholders, and employees shall not be liable if you are unable to use the site because the site is unavailable at any time for any period or for any reason. We shall not be liable for any damage or loss resulting from a temporary or permanent suspension of use of the site or if access to the site is suspended temporarily and without notice in the case of system failure, maintenance, or repair, or for reasons beyond the control of NRG Fitness.
By entering or using this site, you expressly agree that NRG Fitness, its officers, shareholders, and employees shall not be liable to you or a third party for any losses or damages, claims, demands, or causes of action (whether in tort, contract, or otherwise, direct or indirect, special, incidental, punitive, exemplary, or consequential; any losses of income, profits, goodwill, data, or contracts; or any losses or damages arising from or connected in any way to business interruption) as a result of your use of this site or any information you obtain on the site or any other interaction with the site. By entering or using this site, you agree that you are voluntarily and unequivocally waiving any liability of NRG Fitness.
NRG Fitness, its officers, shareholders, and employees assume no liability or responsibility for damage or injury to persons or property arising from any use of any information on this site or any website linked to or from the site.
XXIV. Governing Law and Jurisdiction
Any notice to NRG Fitness shall be given in writing and sent by certified and registered mail to:
NRG Fitness, Inc.
Attention: Aaron Lakanen, Operating Partner
9501-B Union Cemetery Road
Loveland, OH 45140
NRG Fitness, Inc.
Attention: Aaron Lakanen, Operating Partner
9501-B Union Cemetery Road
Loveland, OH 45140