TERMS AND CONDITIONS OF USE
Last updated April 2019PLEASE ENSURE YOU READ AND UNDERSTAND OUR TERMS AND CONDITIONS BEFORE SHOPPING WITH THEFITVILLE.COM Your use of The FitVille website (the "Site") signifies your acceptance of the subsequent terms and conditions ("T&C"). If you do not conform to the subsequent T&C, please avoid using TheFitVille.com.
Users/ParticipantsWe treat all age, race, national origin, gender, sexual orientation or religion equally. However, the user under the age of 13 should use the Site with the consent of their legal guardian. We strongly encourage all guardians to monitor their children’s Internet use. Use of the Site by any user shall be seen as the representation that the user is equal or order than13 years old.
Product DisplayThe FitVille has made its best effort to display accurately the products featured on this Site. However, the colors we use and the capabilities of your computer monitor will affect the colors you see on your screen. The FitVille cannot guarantee that your monitor's display of any color, texture, or merchandise details are going to be accurate.
Modification of ContentThe FitVille strives to ensure that the content on this Site is complete and current. As indicated in this Disclaimer section, The FitVille does not guarantee that the content contained on this Site is flawless. Such errors, inaccuracies or omissions may relate to price or to product description or availability. The FitVille reserves the right to correct, change or update the content without notifying you first. Further, The FitVille reserves the right to refuse or cancel any orders containing any error information, whether or not the order has been submitted, confirmed and/or your credit card has been charged. If your credit card has been charged for the purchase and your order is canceled, The FitVille shall report the issue to your credit card immediately. If you are not happy with your purchase, you may return it to The FitVille. Please refer to our Return Policy.
Disclaimer, Limitation of LiabilityThe FitVille does not guarantee that this Site will operate continuously or error-free, that defects will be corrected, or that this Site or its server is going to be freed from viruses or other harmful stuff. As a user of this website, your access is undertaken at your own risk. The FitVille shall not be responsible for damages of any kind associated with your use of or inability to use this website, even though The FitVille knew or ought to have known of the potential for such damages.
ALL INFORMATION ON THIS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF OR FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ALL INFORMATION IS PRESENTED WITHOUT ANY WARRANTY AS TO ITS RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS OR COMPLETENESS. THE FITVILLE DOES NOT WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE TO USE THE SITE AT YOUR OWN RISK. THE FITVILLE ASSUMES NO RESPONSIBILITY FOR ANY CIRCUMSTANCES ARISING OUT OF THE USE, MISUSE, INTERPRETATION OR APPLICATION OF ANY INFORMATION SUPPLIED ON THIS SITE. YOU AGREE BY ACCESSING THE SITE THAT UNDER NO CIRCUMSTANCES OR ANY THEORIES OF LIABILITY UNDER INTERNATIONAL OR CIVIL, COMMON OR STATUTORY LAW INCLUDING BUT NOT LIMITED TO, STRICT LIABILITY, NEGLIGENCE OR OTHER THEORIES OR CONTACT, PATENT OR COPYRIGHT LAWS, WILL THE FITVILLE BE LIABLE FOR DAMAGES OF ANY KIND OCCURRING FROM THE USE OF THE SITE OR ANY INFORMATION GOODS OR SERVICES OBTAINED THROUGH THE SITE, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (EVEN IF THE FITVILLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
CookiesTheFitVille.com uses permanent cookies. A cookie is a small file that can be placed on your device that allows us to recognize and remember you. It is sent to your browser and stored on your computer’s hard drive or tablet or mobile device. When you visit our sites, we may collect information from you automatically through cookies or similar technology. Cookies allow us to recognize who you are when you visit our Site by associating the cookie with other information you have voluntarily provided us, which information is stored on our secured database. At no time is your Personal Information stored within one of our cookies. We may also use session cookies to gather non-personally identifiable information, like your IP address or date and time of your visit to our Site, in order to measure the effectiveness of our online presence and improve the design and content of our Site. Session cookies are temporary files that are erased when the web browser is closed. Accepting cookies through your web browser is your personal choice. By modifying your browser preferences, you have the choice to accept all cookies, receive notice when a cookie is set, or to reject all cookies. You can still shop and make purchases from TheFitVille.com even if you set your browser to reject cookies; however, we may not be able to provide you with as personalized a shopping experience. To learn more about how we protect our customer information, please review our Privacy Statement.
LinksThe FitVille will not accountable for the content of any unaffiliated websites that may be linked to or from the Site. These links are provided for your convenience only. Any other website accessed from the Site is independent of The FitVille, and The FitVille has no control over the content of that other parties. What’s more, a link to any other website does not imply that The FitVille endorses or accepts any responsibility for the content from another website. In no event shall any reference to any third party or third party product & service be construed as an approval or endorsement by The FitVille of that third party or of any product or service provided by a third party.
Notice and Take Down ProceduresThe FitVille adopts and will not interfere with standard technical measures used by copyright and trademark owners to protect materials. The FitVille has installed procedures for receiving written notification of claimed violation and for processing such claims in accordance with the Digital Millenium Copyright Act. Our designated agent to receive notification of claimed violation is:
2035 Sunset Lake Road
Suite B-2, Newark, New Castle
Any written notice regarding any violation of copyright or of other proprietary rights should be sent to our designated agent, the following information must be included:
1. A physical signature of someone who authorized to act on behalf of (i) the owner of an exclusive right that is allegedly violated or (ii) the person defamed.
2. Identification of the copyrighted work claimed to have been violated, or, if multiple copyrighted works at a single site are covered by a single notification, a representative list of such works at that site should be sent.
3. Identification of the material that is claimed to be infringing, or to be the subject of infringing activity, including enough information which allows us to locate the material.
4. Enough personal information for us to contact you.A statement that you believe that use of the material in the manner complained of is not authorized by the copyright or another proprietary right owner, its agent, or the law.
The FitVille may, for its individual discretion, terminate or suspend your access to all or part of the Site, for any reason, including but not limited, breach of this T&C. If the T&C is terminated, the restrictions regarding Materials appearing on the Site, and the representations and warranties, indemnities and limitations of liabilities set forward in this T&C will remain valid after termination. In the event that you are unsatisfied with the services provided by The FitVille, your individual solution is to terminate your use of the Site.
TrademarksThere are references throughout the Site to different trademarks or service marks, whether they registered or not, are the property of their respective owners.
Changes and Applicable LawWe shall reserve the right to make changes to the Site and this T&C. However, we encourage you to review the Site and T&C regularly for any updates or changes. Your continued access or use of the Site shall be seen as your acceptance of this T&C and any changes or potential changes. The laws of the Commonwealth of Delaware will govern and explained the use of the Site, without giving effect to its conflict of law provisions. Any legal action or proceeding between you and The FitVille you shall agree that will be brought exclusively in a federal or state court of competent jurisdiction basing in in New Castle, Delaware. If any provision of this agreement shall be unlawful, void, or for any reason is unenforceable, then that provision shall be seen as separable from the agreement and shall not affect the legality and enforceability of any remaining provision.
Comments, Complaints, and Questions
We will be pleas to receive your feedback about the Site. However, any comments, ideas, notes, messages, suggestions or other communications sent to the Site will remain the exclusive property of The FitVille, and we are allowed to use them in any manner, including reproducing, disclosing and publishing, we will not offer any compensation to you. If you have any questions or complaints regarding violations of these T&C, please contact us at Contact@TheFitVille.com.
Last updated August 2019
NOTICE TO INDIVIDUALS RESIDING IN THE EUROPEAN ECONOMIC AREA ("EEA") OR SWITZERLAND, WE WOULD YOU TO READ THIS IMPORTANT NOTICE BEFORE USING THIS SITE.This site was built for residents of the United States. If you base in a country in the EEA or Switzerland, you may use this site, but you need to be aware that this site is not intended to be subject to or governed by the General Data Protection Regulation (the "GDPR"). If you are a resident of Switzerland or a country in the EEA and you are reading this policy, we assume you have read our"cookies" clarification. Although cookies will be used by us as you browse our site, we will not be using those cookies for any other reasons, because we are not marketing to address in the EEA or Switzerland.
FOR U.S. CUSTOMERSThe FitVille Group, Inc. ("FV") recognizes your concerns regarding the collection and use of personal information, and we want our users to know that your privacy and security are safeguarded by FV. This Privacy Statement explains the information that we collected from you, why we collect it and how we use it, the instances when we share it with third-parties and the measures we use to protect your information.
While this Privacy Statement applies mainly focusing on our online and wireless service practices, certain practices including, but not limited to, the collection, use, and sharing of information with others, maybe applicable and will extend to our offline practices. By shopping in our stores, through our promotional mailers, wireless service, or visiting TheFitVille.com, you agree to accept the practices which are described in this Privacy Statement. This privacy statement is from:
2035 Sunset Lake Road
Suite B-2, Newark, New Castle
Automatic Information:When you use TheFitVille.com, our server will attach a small text file, known as a "cookie", to your computer's hard drive which will automatically collect and store information such as the name of the domain and host from which you access the Internet, the Internet Protocol (IP) address of the computer you use to visit our site, the browser software, operating system, the date and time you access our website, and the Internet address of the website from which you linked directly to our website, if any. This information collected by using a cookie is sometimes called "clickstream". This will the only information we collect from your side unless you voluntarily provide information to us.
Wireless Service:When you use our wireless service, we will collect information about your use of the wireless service automatically, which may include:
a) utilization data, such as the number of users of service by store;
b) session data, such as date and time device entered the store, length of session;
c) store data, such as the address of the store where the device is used; d) use of FV services, such as mobile coupons redeemed; e) websites and pages visited, such as TheFitVille.com or google.com
Information you provide us:As long as you shop in our stores, use our wireless service, or shop online at TheFitVille.com, we will collect your IP Address and may also ask you to provide some personal information voluntarily in terms to serve you and/or complete your transaction better. This "Personal Information" may include the following data:
(i) Contact Data (for example your name, mailing address, telephone number, e-mail address and zip code); (ii) Financial Data (for example your account or credit card number sometimes billing address, if you use a credit or debit card or pay by check); and (iii) Demographic Data (for example your age, marital status and occupation).
• If you search our website, place an order, interact with any of our departments such as Customer Service, or voluntarily choose to use or participate in one of our services, promotions, programs, surveys or sweepstakes, is likely we will collect additional information as we have mentioned above.
• According to your transactions or other interactions you had with us, we will obtain information concerning your personal preferences and the specific products or services you order or use.
• We may gather or receive information from other companies as well.
ENSURE YOU ARE SECURING YOUR PERSONAL INFORMATION AND FINANCIAL DATAWe will keep the administrative, technical and physical safeguards designed system to try to ensure the safety of your Personal Information and financial data. An encryption methodology called TLS (Transport Layer Security) will be used to help protect personal information that is transported via the Internet. As payment-related data, FV employs what we consider to be appropriate physical and technical access controls, and other methodologies such as information security and safeguards designed to improve data protection. For further information, find the "Back" button on your web browser and review our Security Statement.
Even we will strive to protect your Personal Information, no Internet data transmission which including e-mail and wireless service, can be guaranteed to be 100% secure against interception. Once your transmission has been received, we will try our best to ensure its security, however, FV cannot ensure or warrant the security of any information you send to us or from our website, so the action of using our website and wireless service at your own risk. If there is sensitive information included in your proposed e-mail or wireless communication like your Social Security number or your account number, credit or debit card number, we strongly ask you not to send to it to us electronically, but to contact us by mail or telephone instead so that one of our customer service associates will be glad to assist you.
USING THE INFORMATION WE COLLECTWe use the information we collect for several purposes, including:
• to complete your purchase transactions;
• to provide the services you request, reply your questions and requests;
• to send you mail correspondence and other offerings/discounts;
• to notify you your store status, phone, or TheFitVille.com orders;
• to recognize your product and service preferences, so that we could inform you with the new or additional products, services, and promotions that you might be of interested;
• to provide you with information about the products you have purchased;
• to manage our Internet presence effectiveness and improve our web site's functionality ;
• to improve the effectiveness of our wireless service, analyzing how our wireless service is used so we can improve our stores and mobile experience;
• to enhance the effectiveness of our wireless service, analyzing how the wireless service is used and improving our stores and mobile experience;
• for banner ads and mobile coupons to promote our products and services including those of third parties;
• for our company’s business analytics, reporting, governance and administrative purposes;
• detect and stop fraud and to protect our systems and platforms’ security;
INFORMATION WE SHARE WITH OTHERSThe information we collect within FV will be shared by FV, which includes all FV subsidiaries and trusted vendors along with the authorized companies outside of FV send you promotional information about their products or services affiliated businesses so you can be informed about their products or services which we think might interest you, and companies who assist us in analyzing our site data and ways to improve user experience; however, these parties will not have any independent right to share this information.
Moreover, we may need services like IT and hosting services analyzing customer lists and data, providing marketing assistance, consulting, mobile support or other services that we will employ other companies to provide us. These third-parties will only access the information they needed to perform their functions and they will forbid to use that information for any other purpose. Also when you use your credit card to make a purchase, payment card processors may also receive your information for the purpose of completing your transaction. Other than providing and completing services on your behalf We will not share your information. in terms of shipping and tracking your online purchases, we make your name and mailing address available to companies like UPS, Federal Express and the U.S. Postal Service. Your information will NEVER share with other people or non-affiliated companies, other than some limited circumstances described elsewhere in this Privacy Statement or with your consent.
LEGAL DISCLAIMERDespite every effort, FV makes to protect the privacy of Personal Information, on rare occasions, the specific information may need to be disclosed with law enforcement or government officials upon request, in response to a court order, or required by law to do so. Companies assisting in fraud protection or investigation may also get the shared information from us. Agencies or companies with marketing or commercial purposes will not receive information provided by us.
CHILDREN AND PRIVACYUnless we have the contents of a parent or guardian in advance, we will not knowingly collect Personal Information from children under the age of 13. The information that a child provides to FV, we will never use it for any direct marketing, advertising, selling or promotional purposes knowingly. Personally identifiable information online a child under the age of 13 provided us, we urge that a parent or guardian contact us. Parents' permission of users who under the age of 17 should be obtained to submitting any Personal Information to FV or using our wireless service.
YOUR CHOICES REGARDING THE TYPE OF INFORMATION YOU RECEIVE FROM THE FITVILLEYou have choices regarding the type and occurrence of information you receive from us. If you rather not to receive notification from FV, or if you prefer to receive them less frequently, please:
• Contact us at contact@TheFitVille.com.
You can also use the unsubscribe link on any e-mail communication you receive from us to stop receiving notification from us.
YOUR CHOICES REGARDING YOUR PERSONAL INFORMATIONIf you rather we do NOT share your Personal Information with any of the authorized vendors and companies outside of FV to send you promotional information about their products or services, you can "opt-out" by simply telling us when you permit us to access your Personal Information, or:
• Contact us at contact@TheFitVille.com.
Please make sure you have provided us with your exact name, mailing address and the nature of your request so that we can identify you correctly and fulfill your request properly. We strive to implement any choice you make as soon as possible.
You can still visit our website even you choose not to provide us with Personal Information. However, portions of the website that require your Personal Information you would not be able to access or use.
YOUR ACCOUNTYou will be responsible for keeping your Personal Information accurate and complete, as well as your account’s confidentiality and password and for restricting access to your computer and mobile device. You can use your FV password to access your account and edit your Personal Information at any time.
LINKS TO OTHER WEBSITESOur website may contain links to other websites for you to review, but those websites are not under our control. Please be aware that The FitVille will not responsible for the privacy policies or practices of other websites. We urge our visitors to be more alert when they leave our website and when they visit other websites please read their privacy statements carefully. This Privacy Statement applies individual to information collected by TheFitVille.com.
PRIVACY STATEMENT CHANGESWe may, update our Privacy Statement and post those updates here from time to time. We encourage that visitors of TheFitVille.com visit this Privacy Statement regularly to learn of new privacy practices or updates of our policy.
FURTHER INFORMATIONIf you would like to know more, or you have any questions regarding our Privacy Statement, please:
• Email us at contact@TheFitVille.com.
NOTICE TO CALIFORNIA RESIDENTS - Your California Privacy Rights• In addition to other rights described in this Privacy Statement, FV has an established business relationship with a California resident and about whom FV has published such individual's Personal Information to third parties for the third parties' direct marketing purposes during the preceding calendar year, will have the right, subject to certain exceptions and we are offering you the choice not to have your information shared as we described above, to receive the following information within thirty (30) days of our receipt of the request: The categories of Personal Information exposed to such third-parties during the preceding calendar year
• Names and addresses of such third-parties with whom such Personal Information was exchanged during the preceding calendar year;and, where the name does not appear, the nature of the business of such third parties.
All requests for information like above must be sent to email@example.com