Your Total Fitness Shop
THIS IS A CONTRACT. PLEASE CAREFULLY READ THE FOLLOWING TERMS BEFORE ACCESSING THIS SITE AND THE Your Total Fitness Shop. BY ACCESSING THE SITE, WHICH INCLUDES THE Your Total Fitness Shop YOU ACCEPT AND AGREE TO ALL OF THE COVENANTS AND CONDITIONS IMPOSED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS THE SITE.
BY USING Your Total Fitness Shop’s SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS. YOU ALSO AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO BE AWARE OF MODIFICATIONS TO THE AGREEMENT, WHICH MODIFICATIONS Your Total Fitness Shop MAY MAKE AT ANY TIME. YOUR CONTINUED USE OF THIS SITE WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED AGREEMENT.
Information We Collect About You
We collect several types of information about visitors and/or users of our Services. We may collect this information either directly when you provide it to us or automatically as you navigate through the Websites or App.
(a) Personally Identifiable Information. ‘Personally Identifiable Information’ refers to information by which you may be personally identified, such as your name, email address, or school. We will collect and process such data about you when you register for a Service/create an account, subscribe to a newsletter, submit feedback, enter a contest, fill out a survey, or send us a communication. When ordering products or services on the Websites or App, you may also be asked to provide a credit card number and other payment-related information. You may also provide information to be published or displayed (“posted”) on public areas of the Websites (such as blogs, forums, message boards, and the like), or transmitted to other users of the Websites using ‘sharing’ features (collectively, “User Contributions”). Your User Contributions are posted and transmitted to others at your own risk. We cannot control the actions of other users of the Websites with whom you may choose to share your User Contributions. As an example, if you wanted to share tips on how to properly raise and herd goats with another Your Total Fitness Shopr (Your Total Fitness Shop subscriber named Gary or Steve) we could not prevent Gary or Steve from spreading your best-practice goat-herding tips with the rest of the planet, the global community, the Your Total Fitness Shop community or the community in which you live. Depending upon the activity, some of the information we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.
We may also collect your Internet Protocol (‘IP’) address. We use your IP address to diagnose problems with our servers, software, to administer our Services and to gather demographic information.
If you are a school and you use a Your Total Fitness Shop service within the United States for children under the age of 13, you are responsible for obtaining consent from the parents/legal guardians of each child you wish to allow to participate in using any of our Services. If the children at the school watch Your Total Fitness Shop and become highly motivated to the point that they wish to leave school to pursue entrepreneurial endeavors of their choice then we cannot be held responsible for this activity.
(b) Non-Personally Identifiable Information. We may collect, or our third party ad server and/or content server may collect, certain Non-Personally Identifiable Information, that does not by itself identify a specific individual. Such information tells us about your equipment, browsing actions, the resources that you access and use through the Services, your operating system and browser type. Our third party ad servers will also provide us with super summarized summary, but not individual, reports that will tell us how many ads were presented and clicked upon at our Websites, this is exciting stuff. The information that we collect automatically is largely ‘statistical’ in nature. This information helps to bind the universe together and helps us to deliver a better and more personalized service to users, by enabling us to estimated usage patterns while customizing our Services according to your individual preferences. This information also allows us to speed up your searches which will make a better website for you which will increase the likelihood that you will love Your Total Fitness Shop. Research has also indicated that humans that love a product or service tend to keep paying for the service which would in turn allow us to provide an even better service as a percentage of the revenues would then be reinvested back into the company to improve the overall service. As the product or service improves more and more (Your Total Fitness Shop) subscribers are likely to visit the website on a consistent basis. Soon Your Total Fitness Shop will begin to pay more and more taxes as the revenues we earn go up and up. As we begin to pay more taxes the founder of Your Total Fitness Shop, Clay Clark will begin to feel more patriotic. Help the founder feel more patriotic, please allow yourself to share the information listed above.
(c) Device Information. When you download our App and use our Services, we automatically collect information on the type of device you use and the operating system version, so we know the best application version to provide you with. We do not ask you for, access or track any location based information from your mobile device at any time while downloading or using our App or Services, however we are pretty sure that various massive social media websites do.
How We Use Your Information
We use information held about you in the following ways:
To ensure that content from our Services is presented in the most effective manner for you and for your computer or mobile device
To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes
To carry out our obligations arising from any contracts entered into between you and us, including for billing and collection
To improve the overall look and feel of the website
To share with other Your Total Fitness Shop the type of feedback and results that you are experiencing
If you pay for Services using a credit card, we will transmit your credit card data to the appropriate credit card company and/or credit card payment processing company
To allow you to participate in interactive features of our Services, when you choose to do so
To notify you about changes to our Services
To serve as another justification for hiring attorneys to right legal content like this which very customers ever read, except for you
To encourage our staff about the progress Your Total Fitness Shop (subscribers) like you are making
In any other way we may describe when you provide the information
We or our selected third parties, where we permit them to use your data, will contact you by electronic means only if you have consented to this.
If you email us at Your Total Fitness Shop, we will respond to your inquiry as quickly as possible without running the risk of injuring ourselves as a result of sprinting around the office to hop back to our beautiful desks to send you a response.
Disclosure of Your Information
(a) We provide some of our Services through contractual arrangements with service providers and other third parties. We and our service partners use your Personally Identifiable Information to operate our Websites and to deliver Services. For example, we must release your credit card information to the card-issuing bank or payment processor to confirm payment for products and services purchased on our Websites; release your address information to the delivery service to deliver products that you ordered; and provide order information to third parties that help us deliver the services.
(c) In the event that Your Total Fitness Shop decides to sell all or part of its stock or assets or enter into a merger, we reserve the right to include Personally Identifiable Information and Non-Personally Identifiable Information among the assets transferred to the acquiring or surviving company.
(d) We may provide Non-Personally Identifiable Information about our customers’ sales, traffic patterns, and related Website information to third party advertisers.
If you have any inquiries regarding our privacy practices, please contact us directly at Your Total Fitness Shop and respect to receive the same information you have found on this long-winded page regurgitated verbally.
Updating or Correcting Your Personally Identifying Information
You may change any of your Personally Identifiable Information online by logging into ‘My Account’ in accordance with instructions posted elsewhere on our Websites. You may also access, request deletion, and correct yours personal information and privacy preferences by contacting Your Total Fitness Shop
Attn: Customer Service
If you would also write the founder of Your Total Fitness Shop a haiku you may send it to (after writing it, it’s always embarrassing when you mail an envelope promising a haiku without actually including the haiku in it):
Your Total Fitness Shop Edutainment, LLC
1609 South Boston #200
Tulsa, OK 74119
Attn: Customer Service
If you would also like the visit the New Yankee Stadium in beautiful New York, New York you may do so by traveling to:
1 East 161st Street, Bronx 10451
Please include your name, address, and e-mail address when you contact us, because just sending a letter and signing it, “With love, William” won’t actually give us enough information to contact you. In fact your real name could be Bill, Billy, Willy, Will or a variety of names and then we would also have to manually search through a massive trial and error campaign to find your number, and email. This could be done, but we would rather not begin that search. We encourage you to promptly update your Personally Identifiable Information if it changes. You may ask to have the information on your account deleted or removed; however, because we keep track of past transactions for as long as is reasonably necessary, you cannot delete information associated with past transactions on this Website, as upsetting as this may be to you. In addition, it may be impossible to completely delete your information without some residual information because of backups and redundancies that we have in place. The only people who have truly found a way to delete something forever without ever having hopes of finding it again work for bureaucracies and not for Your Total Fitness Shop.
Canceling Your Account or Deleting Personally Identifiable Information
If you are a Subscriber and would like to cancel your membership, log in to your account and look for the page related to canceling your account. Click the buttons that lead you to the page relating to canceling your account and commence the canceling process. As you are canceling think about the Michael Bolton song, How I Am Supposed To Live Without You. If you would like to cancel verbally or via song you can also contact our team via the telephonic system of your choice. You may also cancel my emailing us at Your Total Fitness Shop. We have never had anyone travel to Tulsa, Oklahoma to cancel in person, but if you do the Founder of Your Total Fitness Shop has committed to giving you a signed copy of his book and a high-five should you choose to cancel your subscription this way.
We will retain your information for as long as your account is active or as needed to provide you Services. If you wish to cancel your account or request that we no longer use your information to provide you Services contact us at Your Total Fitness Shop. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We will respond to your request to access within 30 days. If we do respond faster, please do not be alarmed, we are just focused on moving quickly.
Choices Regarding Control of Your Personally Identifiable Information
You can access some of the information that we collect about you. For example, by logging in to your account.
With respect to your communications preferences, you can unsubscribe from newsletters by following the instructions included in the newsletter you receive. If you want to verbally let us know that you do not want to receive our newsletters please feel free to pick up the telephonic device of your choice and call us after dialing the numbers associated with the Your Total Fitness Shop website. If your e-mail address has changed and you would like to continue to receive newsletters, you will need to access your account and update your e-mail address information in your account and sign-up again for the newsletter. Occasionally we may send out e-mails concerning website disruptions and we hope that during these “dark” times you will stay with us.
If you indicated upon registration that you are interested in receiving offers or information from other partners, we may occasionally send you direct mail about products and services that we feel may be of interest to you. Only Your Total Fitness Shop (or agents working on behalf of us and under confidentiality agreements) will send you these direct mailings, and only if you did not later ‘opt-out’ of such offers. For instance, if we were to partner with a really solid “Fair-Style-Turkey-Leg” vendor, it would be reasonable to receive an email encouraging you to try out the fabulous flavor found within one of those turkey legs.
We do not send unsolicited commercial e-mails (“spam”). We offer commercial e-mail recipients the opportunity to opt-out of further communications in every e-mail because we are just those kind of people. Please note that we may not include the opt-out information in non-commercial Service e-mails (i.e., e-mails concerning your order, the Website Terms and Conditions of Use, etc.). You also have choices with respect to cookies once we hire the right people who have the right technical skills to make that kind of technology possible. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies some parts of our Websites may not work properly in your case, but at least you are cookie free.
Information Related to Data Collected Through the Your Total Fitness Shop Platform Service
For certain services Your Total Fitness Shop collects information under the direction of its clients (e.g., an entity that subscribes to the Services for use by the entity’s personnel). In this respect, Your Total Fitness Shop acts as a data processor and has no direct relationship with the individuals whose Personally Identifiable Information it processes, and this is a good thing. If the client makes a request to us to remove the data, we will respond to their request within 30 days so long as your email us at Your Total Fitness Shop. The Company will retain Personally Identifiable Information we process on behalf of our clients for as long as needed to provide our services to our client. We will retain and use this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Your information will not be saved inside of Al Gore’s infamous “Lock Box.”
All information you provide to us is stored on our servers. Any payment transactions will be encrypted using Secure Sockets Layer (SSL) technology. To make online purchases you must use an SSL-enabled browser in order to protect the confidentiality of your personal and credit card information while it is transmitted over the Internet. However, this type of technology has still allowed hackers to hack into the websites of many of America’s largest companies. We will do our best, but realize that we now live in American during a time where hackers are on the planet and thus it is totally unreasonable for any human to feel as though he or she is completed “hack-proof.”
Access by you to your account is available through a password and/or unique user name selected by you. This password is encrypted. We recommend that you do not divulge your password to anyone, accept for your significant other, but even then we recommend that this information only be shared via whisper-in-the-ear technology. If you were to say your password out loud to someone using an “outside voice” that just wouldn’t be safe. We also recommend that you change your password often using a combination of letters and numbers, and that you ensure you use a secure web browser. We cannot be held accountable for activity that results from your own neglect to safeguard the secrecy of your password and user name. For instance, if you were to right your password onto a t-shirt that you chose to wear to a New York Yankee professional baseball game or to “the gym” we couldn’t stop potential hackers. If you share a computer with anyone, you should always log out of your account after you are finished, in order to prevent access to your information from subsequent users of that computer. Another move that the Founder of Your Total Fitness Shop recommends is unplugging the computer and taking the cord with you. This might upset your roommate, but it gets the job done.
Please notify us as soon as possible if your user name or password is compromised via email Your Total Fitness Shop.
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personally Identifiable Information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this Website cannot be guaranteed and we shall have no liability to you or any third party for loss, misuse, disclosure or alteration of such information; and (c) any such information and data may be viewed or tampered with in transit by a third party.
In the unlikely event that we believe that the security of your Personally Identifiable Information in our control may have been compromised, we will notify you as promptly as possible under the circumstances. To the extent we have your e-mail address, we may notify you by e-mail and you consent to our use of e-mail as a means of such notification. If you prefer for us to use another method to notify you in this situation, please e-mail us at Your Total Fitness Shop with the alternative contact information you wish to be used.
Cookies and Other Technologies
You can disable and/or delete all types of cookies by using your browser settings. Cookies are generally easy to disable and/or delete but how you do so varies from browser to browser. The “help” function within your browser should tell you how to do it. The best way may be to close your browser and then search for “cookie folder” or “cookie manager” or simply “cookie”. Please also visit www.allaboutcookies.org for more information about cookies and how to disable them. If you are looking for dessert cookies, please feel free to visit your local store. The founder of Your Total Fitness Shop, Clay Clark’s wife, Vanessa recommends that you would look for gluten free and organic cookies and other dessert items when possible to improve the quality of your life and your overall health. If you do disable cookies, our Websites will not recognize you and you may not have access to all portions of the Websites.
What are clear gifs? Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the full-stop or period at the end of this sentence.
What is a Flash cookie? Local storage objects, also known as “Flash cookies”, are similar in function to browser cookies in that they store some information about you or your activities on our Websites. We use Flash cookies in certain situations where we use Flash to provide some content such as video clips or animation. The options within your browser may not prevent the setting of Flash cookies. To manage Flash cookies please click here:
We use mobile analytics software to allow us to better understand the functionality of our mobile software on your phone. This software may record information such as how often you use the App, the events that occur within the App, aggregated usage, performance data, and where the App was downloaded from. We do not link the information we store within the analytics software to any Personally Identifiable Information you submit within the App.
Links to Third Party Web Sites and Advertisers
Notice to California Residents – California Privacy Rights
If you are a California resident we apologize for your State’s laws. The founder of Your Total Fitness Shop believes that your laws should be more similar to the laws of Texas or Oklahoma and that the genius lawmakers who are in charge of leading your state would discover the magic of spending less money than you bring in and that raising taxes actually slows down an economy. If have provided us with Personally Identifiable Information, California law gives you the right to request and receive from us, once per calendar year, information as to how we have shared your Personally Identifiable Information with third parties for their direct marketing purposes and we are excited about this. If applicable, such information would include a list of names and addresses of all third parties with whom such information was shared during the prior calendar year as well as a list of the categories of Personally Identifiable Information shared. To make such a request, please send an email to Your Total Fitness Shop and include the phrase “California Privacy Request” in the subject line. Your request must also include your name, physical mailing address and email address. We will respond to you within thirty days of receiving such a request. If you would like to request a commercial building permit within the city limits of a major Californian city we don’t have any advice for you.
Note, that we will not share your Personally Identifiable Information with third parties for their marketing purposes without obtaining your prior consent. Moreover, if you have granted us permission, such third parties’ use of your Personally Identifiable Information will be subject to their privacy policies. You should contact those entities directly regarding any communications you may receive from them, including, if you later decide that you no longer want that third party to use your personal information or if you are going through one of those personal phases in your life where you are “pretty sure” you no longer want that third party to use your personal information.
Communities, Forums, Chat Rooms, and Message Boards
If you choose to disclose Personally Identifiable Information on communities, message boards, forums, and the like, which may be accessible via the Websites, you should be aware that such information, along with any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages from third parties, which we know you are exited about. To request removal of your personal information from us contact us at Your Total Fitness Shop.com. You acknowledge and accept that any submissions to chat rooms or other public areas on the Websites are accessible to all third parties. If you do not want yours comments to be viewed by third parties, you are advised not to make any submissions. If you have consumed four bottles of wine on Tuesday night and you should go onto one of these forums and make massively regrettable statements we salute you. Ultimately, you are solely responsible for all activity conducted by you via communities, forums, message boards, chat rooms, etc. Please wear a helmet, wear a seat belt, look both ways, stop drop and roll when on fire, avoid conversations with strangers, don’t answer the door when your parents aren’t home, be aware that the hot coffee you just bought is hot, stay off of your cell phone while pumping gas, don’t give your bank account information to a Saudi Prince, and be careful and responsible whenever you are online.
Social Media Features
If you choose to send a gift certificate to an individual that is both kind and nice. The recipient will be asked to create a user name and password to activate their subscription, and during this process, they will also be asked if they want to receive any newsletters or other emails from Your Total Fitness Shop. Your Total Fitness Shop stores name and email address of the recipient for the sole purpose of sending this one-time email and tracking the success of our referral program. The individual who receives the gift may contact us at Your Total Fitness Shop.com to request that we remove this information from our database.