Privacy Policy | Terms and Conditions

Fusaro Fitness is committed to providing users of its site with an understanding of how Fusaro Fitness gathers and uses information, as well as the precautions taken by Fusaro Fitness to protect information concerning its users.

This Privacy Policy is incorporated into and is a part of the Terms and Conditions of Use; it describes Fusaro Fitness’s policies and procedures for the collection and use of personal information provided by the user as well as non-personally identifiable information.

PERSONALLY IDENTIFIABLE INFORMATION.

Fusaro Fitness collects personally identifiable information directly from the user only when the User voluntarily enters information, or when the User requests or agrees that Fusaro Fitness send the user information or materials. The types of personally and mobile identifiable information Fusaro Fitness collects include e-mail address, full name, full address, work phone numbers, age, gender and viewing preferences. Fusaro Fitness currently uses the information for the purposes of providing the user with information requested by the user, and service information, and to allow the user to voluntarily participate in promotions, contests or sweepstakes. Fusaro Fitness may also use personally identifiable information to process user requests and/or to send the User communications from Fusaro Fitness such as news, information and promotional offers. If the user requests information for certain offers, promotions, contests or sweepstakes, Fusaro Fitness may forward the user’s personal information to a third party for the purposes of supporting Fusaro Fitness in these services. In the interest of enhancing our service, Fusaro Fitness has business relationships with third parties. Certain of these relationships include the sharing of your personal information with such third parties.

Fusaro Fitness 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 Fusaro Fitness 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 Fusaro Fitness business or a merger with another entity. As an added protection to the user’s privacy concerning personally identifiable information collected by Fusaro Fitness, the user may request that his or her information be changed, corrected or deleted from our databases by writing us at: matty@fusarofitness.com, which is located on the “contact us” link on our homepage.

USE OF COOKIES AND NON-PERSONALLY IDENTIFIABLE INFORMATION.

By using the site, the User makes available to Fusaro Fitness certain non-personally identifiable information (such as the domain name and type of the User’s Internet server and browser, which pages of the site the user accesses, and the length of access). This statement explains how Fusaro Fitness 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 the Site. The user can choose not to accept cookies, but in so doing, the user may not be able to access the Fusaro Fitness Site. 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. Fusaro Fitness may use “cookies” to track usage of the site, user interactions with the site, and to customize the site.

Fusaro Fitness may use the non-personally identifiable information that is collected by Fusaro Fitness to improve the design and content of Fusaro Fitness’s site and to enable Fusaro Fitness to personalize your internet experience. Also, Fusaro Fitness may use this information in the aggregate to analyze site usage, as well as to offer user products, programs, or services.

Fusaro Fitness Internet sites may contain links to other Internet sites that are owned and operated by third parties. Fusaro Fitness is not responsible for the privacy policies or practices of Internet sites owned and operated by third parties. Fusaro Fitness strongly suggests that you review such third party Internet sites privacy policies before providing any data or information to them.

Within Fusaro Fitness, we restrict access to information and data about you to those Fusaro Fitness 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. 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, Fusaro Fitness cannot guarantee the privacy and security of any information or data that is disclosed online.

For your protection, Fusaro Fitness strongly recommends that you do not share your account information, passwords or code words with others. www.fusarofitness.com will never ask you for your password by phone or e-mail. Do not provide confidential information online unless you initiated the contact, know the party which whom you are dealing, and provide the information through a secured channel. When conducting business over the Internet, always use a secure browser 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 Fusaro Fitness immediately.

Fusaro Fitness may collect information through the use of promotional email campaigns or newsletters.

TERMS AND CONDITIONS OF USE

PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY, BEFORE USING THIS WEBSITE (www.fusarofitness.com) BY ACCESSING OR USING THE SITE, YOU (“USER”) AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS. IF YOU DISAGREE WITH ANY OF THE FOLLOWING TERMS OR CONDITIONS, PLEASE DO NOT USE THIS SITE.

FUSARO FITNESS OWNS AND OPERATES THE SITE. FUSARO FITNESS RESERVES THE RIGHT TO CHANGE ANY TERMS OR CONDITIONS WITHOUT NOTICE, EFFECTIVE UPON THEIR POSTING. FUSAROFITNESS OR ITS SERVICE PROVIDERS, PARENTS, AFFILIATES AND BUSINESS ASSOCIATES MAY IMPOSE LIMITS ON CERTAIN FEATURES AND SERVICES OR RESTRICT YOUR ACCESS TO PARTS OR ALL OF THE SITE WITHOUT NOTICE OR LIABILITY; Fusaro Fitness MAY ALSO TERMINATE YOUR USE OF THE SITE AT ANY TIME IN ITS SOLE DISCRETION.

USE OF SITE; 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 Fusaro Fitness or its subsidiaries, 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 Fusaro Fitness’s prior written approval: copying of the Site 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 Web site); and disassembling, decompiling, reverse engineering or otherwise modifying the Content.

ADDITIONAL USER CONDUCT GUIDELINES

Fusaro Fitness requests that the User not impede or inhibit any other User from using and enjoying the Site. Therefore, in using this Site, you agree not to: disrupt or interfere with the security of, or otherwise abuse, the Site or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliate linked sites; upload, post, or otherwise transmit through or on this Site 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 Fusaro Fitness, or create or use a false identity on the Site; or transmit through or on the Site 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. Further, any unauthorized or prohibited use may additionally subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

LIMITATION OF LIABILITY AND DISCLAIMERS

USER EXPRESSLY AGREES THAT USE OF THE SITE IS AT USER’S SOLE RISK. NEITHER FUSARO FITNESS, ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS, SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE, WARRANT THAT THE SITE 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 SITE, OR AS TO THE ACCURACY, RELIABILITY, SECURITY OR CONTENT OF ANY INFORMATION OR SERVICE CONTAINED IN OR PROVIDED THROUGH THE SITE. THE SITE, 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 FUSARO FITNESS, ANY OF ITS PARENTS, 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 FUSARO FITNESS IS NOT RESPONSIBLE FOR ANY INTERCEPTED INFORMATION SENT VIA THE INTERNET, AND USER RELEASES FUSARO FITNESS FROM ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE USE OF INTERCEPTED INFORMATION IN ANY UNAUTHORIZED MANNER. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL FUSARO FITNESS, ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY INFORMATION PROVIDER, SERVICE PROVIDERS, LICENSOR, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, LOST PROFIT, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES THAT RESULT FROM OR ARE RELATED TO THE USE OF OR INABILITY TO USE THE SITE; 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.

INDEMNIFICATION

The User agrees to indemnify, defend and hold harmless, Fusaro Fitness, its parents, 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 Site 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. Fusaro Fitness 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 Fusaro Fitness in asserting any available defenses.

THIRD PARTY LINKS AND SITES

This Site may contain links to other Internet sites, resources and/or sponsors of the Site. Fusaro Fitness does not verify, warrant, endorse, or take responsibility for the availability, accuracy, completeness or quality of the content contained in these outside sites. Providing links to outside sites does not constitute Fusaro Fitness’s approval of the content, policies or practices of those other sites. Be sure to review the terms of use and privacy policies posted on the outside sites after linking to them. Opt Out of Receiving Further Web Based Marketing Every visitor to our web site can choose to be removed from our web-generated marketing lists. You can opt out at any time. To opt out of Fusaro Fitness’s marketing e-mail or print mail, please send an e-mail with “remove” in the subject line to matty@fusarofitness.com

CHANGES TO THE PRIVACY POLICY

If there are updates to the terms of Fusaro Fitness’s online Privacy Policy, Fusaro Fitness will post those changes and update the revision date on this document, so Users will always know what information we collect online, how we use it, and what choices you have. For material changes to this Privacy Policy, Fusaro Fitness will provide notification to Site Users.

OTHER

These Terms and Conditions of Use shall be governed by, construed and enforced in accordance with the laws of the State of New York 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 New York for any disputes arising from or related to this Site 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 Fusaro Fitness or its affiliates, parents, service providers or business associates to the extent that those agreements govern issues other than your use of this Site. 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. These Terms and Conditions may only be altered by (a) prior written mutual agreement between Fusaro Fitness and User; or (b) Fusaro Fitness posting revisions on the Site. Failure by Fusaro Fitness to object to a User’s behavior, conduct or action does not constitute a consent, ratification or waiver of objection.

If you have any questions or concerns about our Terms and Conditions of Use, please contact us.