Team America Health & Fitness, Inc.

Acceptable Use and Privacy Policy

1. INTRODUCTION
Your use of the Team America Health & Fitness, Inc. Services (EXER-GENIE WEBSITE) is subject to the terms of this Acceptable Use Policy (“AUP”). This AUP should be read along with all supporting documentation. If you do not agree with this AUP, you should immediately stop your use of the website and notify Team America Health & Fitness, Inc… Team America Health & Fitness, Inc., in its sole discretion, may deny or restrict your use of the website if any use under your Team America Health & Fitness, Inc. information violates this AUP.

2. VIOLATIONS OF THIS ACCEPTABLE USE POLICY
The following are examples of uses of the use of information that constitute violations of this AUP:Illegal Use. Transmitting, uploading, posting, receiving, storing, or presenting material or data that, intentionally or unintentionally, violates any local, state, national or international law, or any rules or regulations that have the force of law, including, but not limited to, material or data regarding illegal goods or services, illegal substances, prostitution, illegal drugs, illegal weapons, terrorism, or other conduct that would constitute a criminal offense.Fraudulent Financial Activity. Making fraudulent offers to sell or buy products, items, or services or to advance any type of illegal financial activity such as “pyramid schemes,” “Ponzi schemes,” or fraudulently charging credit cards.Gambling. Engaging or promoting gambling in violation of any laws.Harm to Minors. Harming, attempting to harm or exploiting minors in any way, including, but not limited to, the use of the Services (i) to receive, distribute, solicit, present, or store illegal images or URLs containing child pornography, or (ii) to post or disclose personal identifiable information or private information of individuals under the age of 13 or in connection with materials directed towards children under the age of 13 without verifiable parental consent.Threats and Harassment. Uploading, transmitting or posting any material that (i) threatens, harasses, defames or encourages bodily harm or destruction of property of governments, groups, organizations or individuals, or (ii) espouses, promotes or incites racism or bigotry.Spamming. Transmitting or facilitating unsolicited commercial email or unsolicited bulk email, including, but not limited to, use of another Internet service to send spam to divert users to your site hosted on or through Team America Health & Fitness, Inc.’s network, whether or not the messages were originated by you, under your direction, or by or under the direction of a third party.Phishing. Attempting to impersonate any person or entity, engaging in sender address or network header falsification, or forging anyone else’s digital or manual signature.Copyright or trademark infringement. Transmitting, uploading or posting any material that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, incorporating a third party’s trademark within an email address without the prior permission of the trademark owner, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Team America Health & Fitness, Inc. is registered under the Digital Millennium Copyright Act of 1998.Collection of personal data without consent. Collecting, or attempting to collect, personal information about third parties without their knowledge or consent or under false pretenses.Canceling Other’s Email Messages. Canceling email messages other than your own email messages.Unauthorized Access. Accessing, or to attempt to access, the accounts of others without their knowledge or consent; or penetrating, or attempting to penetrate, security measures of Team America Health & Fitness, Inc.’s or another entity’s or person’s computer software or hardware, electronic communications system, or telecommunications system, including, but not limited to, misusing or abusing account access and passwords of others; using or distributing tools designed to compromise the security of computer systems or networks, or compromising the security of any Internet account or website.Using or Distributing Internet Viruses, Worms, Trojan Horses, or Other Destructive Activity that Compromise Security. Engaging in activities that disrupt or degrade the use of or interfere with the ability of other people to effectively use the network or any connected network system, service or equipment including using or distributing, among other things, Internet viruses, worms, Trojan Horse programs, password guessing programs, decoders, keystroke loggers, cracking tools, packet sniggers, flooding of a network, encryption circumvention devices or unauthorized port scanning.Spidering. Participating in the collection of a very large number of email addresses, screen names, or other identifiers of others without their prior consent, or participating in the use of software, including spyware, designed to facilitate this activity.Denial of Service. Routing or relaying traffic between unknown third parties or as a source of denial of service attacks, worms, or other service sending traffic to unknown third parties. You may not permit your network, through action or inaction, to be configured in such a way that gives a third party the capability to use your network in an illegal or inappropriate manner.Long Connections and Multiple Logins. Using a personal account for high volume or commercial use is prohibited. The Services are intended for periodic, active use of email, newsgroups, file transfers, Internet chat, games, and browsing the World Wide Web. You may stay connected so long as you are actively using that connection for the above purposes. You may not use the Services on a standby or inactive basis in order to maintain a connection. Pinging is expressly prohibited.Network Probing. Any type of detective network activity, including, but not limited to, port scanning and pinging.Newsgroups. Violating a newsgroup’s terms of use or policies.In addition, any material or conduct in connection with the use of the Services that Team America Health & Fitness, Inc. believes to be unlawful, offensive, or harmful will be considered a violation of this AUP.

3. REPORTING VIOLATIONS OF THIS ACCEPTABLE USE POLICY
Team America Health & Fitness, Inc. requests anyone who believes that there is a violation of this AUP or has a question about this AUP to please direct the relevant information to: abuse@exergenie.com. If available, the following information should be provided in the report:The IP address used to commit the alleged violation. The date and time of the alleged violation, including the time zone or offset from GMTEvidence of the alleged violation. If reporting an email, the email with full header information provides all of the above, as do syslog files. Other situations may require different methods of providing the above information.

4. HOW TEAM AMERICA HEALTH & FITNESS, INC. ADDRESSES VIOLATIONS OF THIS ACCEPTABLE USE POLICY
Team America Health & Fitness, Inc. may, but is not required to, monitor your compliance with the terms this AUP. You acknowledge that Team America Health & Fitness, Inc. has the right, but not the obligation, to pre-screen, refuse, or remove any content available from your use of the Services, including, but not limited to, content that violates the law or the terms of this AUP.If Team America Health & Fitness, Inc. receives a complaint or otherwise becomes aware of any possible violation of this AUP, Team America Health & Fitness, Inc. may, in its sole discretion, initiate an investigation. If Team America Health & Fitness, Inc. determines that a violation of this AUP has occurred (regardless of whether it is unlawful), Team America Health & Fitness, Inc. may take any one or more of the following actions without notice: Issue warnings: written or verbal- Remove any content that violates this AUPSuspend your Services for a certain period of timeTerminate your ServicesRemove, block or otherwise prevent access to websitesBill you for administrative costs and/or reactivation chargesBring legal action to enjoin violations and/or to collect damages, if any, caused by violations.

5. REVISIONS TO THIS ACCEPTABLE USE POLICY
Team America Health & Fitness, Inc. may revise, amend, or modify this AUP from time to time. Notice of any revision, amendment, or modification will be posted on the Team America Health & Fitness, Inc. Website at www.exergenie/about/policies/, on your start pages, by email, and/or in mailings to your primary Team America Health & Fitness, Inc. email account and will be effective on the date noted in the posting. By continuing to use the Services after the revisions, amendments or modifications are effective, you accept and agree to abide by them.

6. MISCELLANEOUS
The failure of Team America Health & Fitness, Inc. to enforce this AUP will not be construed as a waiver of any right to do so at any time. If any section of this AUP is held invalid or unenforceable, the remaining sections will remain in full force and effect. You agree to indemnify, defend and hold harmless Team America Health & Fitness, Inc., its subsidiaries, directors, officers and employees against all claims and expenses, including reasonable attorney fees, resulting from any violation of this AUP. This indemnification will survive any termination of your Services or account with Team America Health & Fitness, Inc.. California law governs this AUP.Team America Health & Fitness, Inc. Privacy PolicyYour privacy is very important to us. We want to make your experience on the Internet as enjoyable and rewarding as possible, and we want you to use the Internet’s vast array of information, tools, and opportunities with complete confidence.Team America Health & Fitness, Inc. has created this Privacy Policy to demonstrate our firm commitment to privacy and security. This Privacy Policy describes how Team America Health & Fitness, Inc. collects information from users of Team America Health & Fitness, Inc. services (the “Services”), how we use the information we collect and the choices you have concerning the collection and use of such information. Please read this Privacy Policy carefully.Collection and Use of InformationMembers are asked to provide certain information when they sign up for our Services such as name, address, telephone number, billing information (such as a credit card number), and the type of personal computer being used to access the Services. The personal information collected from Members during the registration process is used to manage each Member’s account (such as billing and collections).In order to better understand its Members, Team America Health & Fitness, Inc. collects consumer data such as ZIP code, demographics and other publicly available information from third-parties. Team America Health & Fitness, Inc. uses this data to provide product and service offers. We use data in aggregate to develop products and offers to better serve its Members.Team America Health & Fitness, Inc. collects information from Visitors and Members who use the various parts of our Services. We use this information primarily to provide a customized experience as you use our Services. Team America Health & Fitness, Inc. collects consumer information about its Members through surveys or preference pages. You may request that Team America Health & Fitness, Inc. not collect consumer data by visiting our opt-out website at https://exergenie.com/cam/contactinfo.jspTeam America Health & Fitness, Inc. may share personal information with select affiliates in order to provide Team America Health & Fitness, Inc. services to our Members. Team America Health & Fitness, Inc. does not share identifying information (like Name and address) with affiliates for their use in delivering product and service offers to Members. Affiliates will not be allowed to use any information provided in serving our customers to be sold, rented, or given to any other company. Affiliates are not allowed to use Team America Health & Fitness, Inc. data for any other purpose other than Team America Health & Fitness, Inc. approved programs designed to better serve Members.In instances where Team America Health & Fitness, Inc. and an affiliate jointly promote the Services, Team America Health & Fitness, Inc. may provide the affiliate certain personal information, as a result of the joint promotion. In this instance, the information may not be used by the affiliate for any other purpose. Team America Health & Fitness, Inc. may also generate aggregate profiles from information provided during registration (such as the total number, but not the names, of Members). We may use this aggregated and non-identifying information to sell advertisements that appear on the Services.We use registration information to contact you in a variety of ways. We may send you offers through email, phone or regular mail of Team America Health & Fitness, Inc. products and services or offers on behalf of selected affiliates. If you order products directly from Team America Health & Fitness, Inc., we will use your information to continue to provide you with products that you are interested in. You may exercise your options to not receive any marketing from Team America Health & Fitness, Inc. by visiting our opt-out website at https://exergenie.com/cam/contactinfo.jsp. Customers will still receive administrative emails from Team America Health & Fitness, Inc..Team America Health & Fitness, Inc. Affiliates and SponsorsSome Team America Health & Fitness, Inc. products and services are offered to Members in conjunction with a third-party vendor. For example, we may outsource the provision of personal fitness and nutrition design to a third-party vendor. To provide these products and services, the vendor may need to collect and maintain your personal information. Additionally, many Team America Health & Fitness, Inc. Members have co-branded Personal Pages that are cosponsored by non-affiliated partners. Team America Health & Fitness, Inc. may share non-identifying and aggregate consumer information with such affiliates in order to more effectively market our co-branded products or services offered to our customers.Online ShoppingAt some websites, you can purchase products and services or register to receive materials, such as a catalog or new product and service updates. In many cases, you may be asked to provide contact information, such as your name, address, email address, phone number, and credit/debit card information. If you complete an order for someone else, such as an online gift order sent directly to a recipient, you may be asked to provide information about the recipient, such as the recipient’s name, address, and phone number. Team America Health & Fitness, Inc. has no control over third-party websites and their use of any personal information you provide when placing such an order. Please exercise care when doing so.

Online AdvertisementsTeam America Health & Fitness, Inc. may share aggregated and non-identifying information about our Visitors and Members collected through the registration process as well as through online surveys and promotions with select advertisers. In some instances, we use this information to deliver tailored advertisements. Based upon the information we have collected, we may then display advertisements to specific audiences. Team America Health & Fitness, Inc. does not share personal information about its Members with these advertisers.We may use DoubleClick and/or other third-party advertising companies to serve ads when you visit our websites. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other websites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you.Voluntary SurveysWe may periodically conduct both business and individual surveys. We encourage Members to participate in these voluntary surveys because they provide us with important information that helps us to improve the types of services we offer and how we provide them to you. Your personal information and responses will remain confidential, even if the survey is conducted by a third party. We take the information we receive from individuals responding to our surveys and combine (or aggregate) it with the responses of other Members to create broader, generic responses to the survey questions (such as gender, age, residence, hobbies, education, employment, industry sector, or other demographic information). We then use the aggregated information to improve the quality of our services to you and to develop new services and products. This aggregated, non-personally-identifying information may be shared with third-party affiliates.Special Cases. It is Team America Health & Fitness, Inc.’s policy not to use or share personal information in ways unrelated to the ones described above without also providing an opportunity to opt-out or otherwise prohibit such unrelated uses. However, Team America Health & Fitness, Inc. may disclose personal information or information regarding the use of the Services if, for any reason, in our sole discretion, we believe that it is reasonable to do so, including to satisfy laws, regulations or other legal requests for such information; to disclose information that is necessary to identify, contact or bring legal action against someone who may be violating our Acceptable Use Policy or other policies; to operate the Services properly; or to protect Team America Health & Fitness, Inc., our Services, our employees or our Members.“Cookies” and How Team America Health & Fitness, Inc. Uses ThemA “cookie” is a small data file that can be placed on your hard drive when you visit certain websites. Team America Health & Fitness, Inc. may use cookies to collect, store, and sometimes track information for statistical purposes to operate and improve the products and services we provide and to manage our network and property. If you have created your own Personal Start Page, we will use a cookie to save your settings and to provide customizable and personalized services. Additionally, be aware that if you visit non-Team America Health & Fitness, Inc. websites where you are prompted to log in or that are customizable, you may be required to accept cookies.Advertisers and partners may also use their own cookies. We do not control the use of these cookies and expressly disclaim responsibility for information collected through them.Team America Health & Fitness, Inc.’s Commitment to Children’s PrivacyProtecting children’s privacy is especially important to us. It is our policy to comply with the Children’s Online Privacy Protection Act of 1998 and other applicable laws. You must be 18 to use the Services. Team America Health & Fitness, Inc. does not attempt to ask or collect information from any person under the age of 18.Team America Health & Fitness, Inc. may have products and web pages designed especially for younger users under the direct supervision of an adult Member. While we make every effort to ensure that these Services are fun and age-appropriate for a younger audience, we believe that there is no substitute for proper parental supervision. For further information about tips, tools, age-appropriate or kid-friendly websites, and how to report online trouble, please visit www.getnetwise.org. Team America Health & Fitness, Inc. recommends that children ask a parent for permission before sending any personal information anywhere using the Internet.Public ForumsAny information that you disclose in public areas of our websites or the Internet may become public information. You should exercise caution when deciding to disclose personal information in these areas.Team America Health & Fitness, Inc.’s Commitment to Data SecurityTeam America Health & Fitness, Inc. has security measures in place to protect the loss, misuse, and alteration of the information under our control. While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining this information. We will never sell your information to a third party.Questions About Team America Health & Fitness, Inc.’s Privacy Policy. Questions about this Privacy Policy or the practices described herein should be directed to our FAQ page that is located at www.exergenie.com/contact-us.

If you have any additional questions about this Privacy Policy or the practices described herein, you may contact: Customer ServiceTeam America Health & Fitness, Inc., Inc.675 Racquet Club LnThousand Oaks, CA 91360Revisions to This PolicyTeam America Health & Fitness, Inc. reserves the right to revise, amend, or modify this policy and our other policies and agreements at any time and in any manner. Any revision, amendment, or modification will be posted on our website: www.exergenie.com

© 1962-2018 EXERGENIE dba Team America Health & Fitness, Inc. All rights reserved. Privacy Policy & Disclaimer The Trainer ®, EXER-GENIE® are Registered Trademarks and Fit For Golf™, Fit For Sport™, Foundational Fitness™, Recreational Fitness™, Competitive Fitness™ are trademarks of Team America Health & Fitness, Inc.Members and visitors to the Team America Health & Fitness, Inc. Websites agree to abide by our “POLICIES AND AGREEMENTS, including this ACCEPTABLE USE POLICY.