Last updated: February 10, 2017
This website is owned and operated by Maceiosol 2 LLC.
If you are under the age of 13, please do not attempt to register at the CelyFit/Celyfitness or provide any personal information about yourself to us. If we learn that we have collected personal information from a child under the age of 13, we will promptly delete that information. If you believe we might have any information from a child under the age of 13, contact your local club immediately.
Maceiosol 2 LLC owns and operates the Services. Maceiosol 2 LLC reserves the right to change any terms or conditions without notice, effective upon their posting. Maceiosol 2 LLC or its service providers, parents, franchises, affiliates and business associates may impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability; Maceiosol 2 LLC may also terminate your use of the Services at any time in its sole discretion.
TERMS & CONDITIONS OF USE; OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
All text, photographs, images, illustrations, artwork, audio and video clips, design, software, graphic material, trademarks, service marks and trade names, and all intellectual property rights in and to such items (hereinafter “Content”) constitute the sole and exclusive property of Maceiosol 2 LLC, its subsidiaries, franchises, affiliates, licensors, and content providers. The User is granted a personal, non-exclusive, non-assignable and non-transferable license to use the Content for non-commercial and personal, informational use only. The following acts are additionally prohibited without Maceiosol 2 LLC’s prior written approval: copying of the Services or the Content or any portion, variations or derivatives thereof; reproduction, modification, creation of derivative works, display, performance, publication, distribution, dissemination, broadcast or circulation of any Content, in whole or in part (including without limitation, the display and distribution of the Content via a third party application or Web site); and disassembling, decompiling, reverse engineering or otherwise modifying the Content.
ADDITIONAL USER CONDUCT GUIDELINES
CelyFit/Celyfitness and Maceiosol 2 LLC requests that the User not impede or inhibit any other User from using and enjoying the Services. Therefore, in using the Services, you agree not to: disrupt or interfere with the security of, or otherwise abuse, the Services, system resources, accounts, servers or networks connected to or accessible through the Services or affiliate linked websites/services; upload, post, or otherwise transmit through or on the Services any viruses or other harmful, disruptive or destructive files; use or attempt to use another’s account, service or system, or link to another site, without authorization from CelyFit/Celyfitness, or create or use a false identity on the Services; or transmit through or on the Services spam, chain letters, junk mail or other types of unsolicited mass e-mail to people or entities who have not agreed to be part of such mailings.
Maceiosol 2 LLC reserves the right to remove any content that it in its sole discretion believes is infringing, defamatory, illegal or offensive, or otherwise as may be permitted under the Digital Millennium Copyright Act or other applicable law. Further, any unauthorized or prohibited use may additionally subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
User expressly agrees that the use of the services is at the User’s sole risk. Neither CelyFit/Celyfitness, Its parents, franchises, affiliates, employees, agents, service providers, third party information providers, licensors or the like warrant that the services will be uninterrupted, secure or error free; nor do they make any warranty as to the results that may be obtained from the use of the Services, or as to the accuracy, reliability, security or content of any information or service contained in or provided through the Services.
The Services, all content and information provided therein, and all downloadable software is provided on an “as is,” “as available” basis without warranties of any kind, and all such warranties, whether oral or written, express or implied, including but not limited to warranties of title, non-infringement, merchantability or fitness for a particular purpose are hereby disclaimed and expressly negated. No oral advice or written information given by CelyFit/Celyfitness, any of its parents, franchises, affiliates, employees, agents or any service providers, third party information providers; licensors or the like, shall create a warranty; nor shall user rely on any such information or advice. User hereby acknowledges that CelyFit/Celyfitness is not responsible for any intercepted information sent via the internet, and user releases CelyFit/Celyfitness from any and all claims arising out of or related to the use of intercepted information in any unauthorized manner.
LIMITATION OF LIABILITY
Under no circumstances, including negligence, shall CelyFit/Celyfitness, its parents, franchises, affiliates, employees, agents or any third party information provider, service providers, licensor, or anyone else involved in creating, producing or distributing the services, be liable for any direct, indirect, incidental, exemplary, economic, punitive, lost profit, special or consequential damages for any services; or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft or destruction.
All of these Terms and Conditions outlined herein, apply to CelyFit/Celyfitness mobile applications also. Use of our apps is at your own risk. They are provided as a service to our members and guests without charge, and we disclaim any and all responsibility for them. We do not screen our users, so please use good judgment and common sense in deciding whom to meet or trust with your personal information. We do not provide contact details to other members through any of our apps.
The User agrees to indemnify, defend and hold harmless, CelyFit/Celyfitness, its parents, franchises, affiliates, employees, agents, third party information providers, service providers, licensors or the like and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Services from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions by the User. CelyFit/Celyfitness reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by User, in which event User will fully cooperate with CelyFit/Celyfitness in asserting any available defenses.
THIRD PARTY LINKS AND SITES
In order to identify third party sites or resources, the Services may make use of third party trademarks, images or branding. Usage of these items does not imply endorsement or certification by the third party. Logos and trademarks displayed within the Services are the property of their respective owners and are used in accordance with existing agreements between CelyFit/Celyfitness and the third party or by usage guidelines and policies set forth by the third party.
These Terms and Conditions of Use shall be governed by, construed and enforced in accordance with the laws of the State of California and the federal laws of the United States of America. Users agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the State of California for any disputes arising from or related to the Services or these Terms and Conditions of Use. These Terms and Conditions are not intended to alter the terms or conditions of any other agreement you may have with CelyFit/Celyfitness or its franchises, affiliates, parents, service providers or business associates to the extent that those agreements govern issues other than your use of the Services. Should any provision in these Terms and Conditions be found invalid or unenforceable for any reason, that provision shall be deemed severable from the terms and shall not affect validity or enforceability of the remaining provisions. These Terms and Conditions may not be altered by action, inaction or course of dealing between the parties. Failure by CelyFit/Celyfitness to object to a User’s behavior, conduct or action does not constitute a consent, ratification or waiver of objection.
PERSONALLY IDENTIFIABLE INFORMATION
CelyFit/Celyfitness collects personally identifiable information directly from the User only when the User voluntarily enters information, or when the User requests or agrees that CelyFit/Celyfitness send the User information or materials. CelyFit/Celyfitness may also collect information through the use of promotional email campaigns or newsletters.
Using our CelyFit/Celyfitness website or mobile app you can purchase a membership, in which case you will provide us with the following information:
– Home address
– Home telephone number
– Work telephone number
– Email address
– Date of birth
– For corporate sponsored program participants: Name of Employer
– For health insurance related program participants: Insurance Information
– For school-related programs: name of School or Group
CelyFit/Celyfitness currently uses gathered information for the purposes of providing the User with information requested by the User, membership information, service information, and to allow the User to voluntarily participate in events, promotions, contests. CelyFit/Celyfitness may also use personally identifiable information to process user requests and/or to send the User communications from CelyFit/Celyfitness such as news, information and promotional offers. If the User requests information for certain offers, promotions, or contests, CelyFit/Celyfitness may forward the User’s personal information to a third party for the purposes of supporting CelyFit/Celyfitness in these services.
CelyFit/Celyfitness may disclose your personal and account information to respond to court subpoenas, court orders, or other legal processes, as required by law, or to establish or exercise CelyFit/Celyfitness legal rights or defend against legal claims. Your personal and account information may also be disclosed in connection with a sale of some or all of the CelyFit/Celyfitness business or a merger with another entity. Within CelyFit/Celyfitness, we restrict access to information and data about you to those CelyFit/Celyfitness employees who need to know the information and data in order to perform their jobs, such as servicing your account, or notifying you of new services, classes, and programs.
For your protection, CelyFit/Celyfitness strongly recommends that you do not share your account information, passwords or code words with others. Administrators of the Services will never ask you for your password by phone or e-mail. Do not provide confidential information online or over the telephone unless you initiated the contact, know the party with whom you are dealing, and provide the information through a secured channel. When conducting business over the Internet, always use a secure browser or client and exit online applications as soon as you finish using them. If you become aware of any suspicious activity relating to your account, it is your responsibility to contact CelyFit/Celyfitness immediately.
SECURITY OF PERSONALLY IDENTIFIABLE INFORMATION
To protect your personal information, we maintain physical, electronic, and procedural safeguards to ensure online data and information privacy and security. We also use the Secure Socket Layer (SSL) protocol to encrypt sensitive information (e.g. credit card number or password) over the Internet. However, CelyFit/Celyfitness cannot guarantee the privacy and security of any information or data that is disclosed online.
By using the Services, the User makes available to CelyFit/Celyfitness certain non-personally identifiable information (such as the domain name and type of the User’s Internet server and browser or device, which pages or features of the Services the User accesses, and the length of access). This statement explains how CelyFit/Celyfitness uses such information, and how the User can restrict the use and collection of non-personally identifiable information from “cookies.”
A “cookie” is a bit of text information stored on the hard drive of your computer by an Internet web server when you visit or use the Services. The User can choose not to accept cookies, but in so doing, the User may not be able to access certain features on the Services. Refer to the Help information in your browser or Internet provider site or software for instructions on how to disable cookies, or to be notified when a cookie is set. CelyFit/Celyfitness may use “cookies” or store information on your device to track usage of the Services, User interactions with the Services, and to customize the Services.
CelyFit/Celyfitness may use the non-personally identifiable information that is collected by CelyFit/Celyfitness to improve the design and content of CelyFit/Celyfitness’s Services and to enable CelyFit/Celyfitness to personalize your Internet or mobile application experience. Also, CelyFit/Celyfitness may use this information in the aggregate to analyze usage of the Services, as well as to offer user products, programs, or other services.
PRIVACY AND OUR APPS OR WEBSITE FEATURES
CelyFit/Celyfitness offers mobile applications and website features intended to make it easier for you to access our Services on your mobile device or the Internet. By using some of these apps or website features, you authorize us to display to others certain information about you. (We will never provide other members or users with your contact details.) We will tell you in the app or website feature what information, if any, may be disclosed, and you can always decide that app or website feature isn’t for you. You also can stop using the app or website feature by following the instructions within the app or website feature, at which point any further disclosures of information will stop as well.
LINKS TO OTHER SITES
The Services may contain links to other Internet sites or resources that are owned and operated by third parties. CelyFit/Celyfitness is not responsible for the privacy policies or practices of Internet sites or resources owned and operated by third parties. CelyFit/Celyfitness strongly suggests that you review such third party Internet sites or resource privacy policies before providing any data or information to them.
QUESTIONS / CONTACT US