Welcome to the ExerciseRewardsTM program website (the “ExerciseRewards Website” or “Website”) which is owned and operated by American Specialty Health Incorporated, a Delaware corporation with its corporate office located at 10221 Wateridge Circle, San Diego, CA 92121, on behalf of itself and its subsidiaries (collectively “ASH” or “We”).
As part of ExerciseRewards, you may also be eligible for Active&Fit DirectTM. The Active&Fit Direct-specific terms and conditions are located near the end of this document.
READ CAREFULLY. The following Terms and Conditions, together with the ExerciseRewards-specific terms and conditions herein, the Active&Fit Direct-specific Terms and Conditions (as applicable) herein, the ExerciseRewards Privacy Statement, constitute the legally binding agreement between each user (“you”) and the ASH. By using the ExerciseRewards Website, you accept and agree to be bound by the following Terms and Conditions and the ExerciseRewards Website Privacy Statement.
Terms and Conditions Applicable to Both the ExerciseRewards Program and Active&Fit Direct.
IMPORTANT WARNINGS AND DISCLAIMERS:
- Physical exercise may result in injury, and not all exercises are safe or suitable for everyone. PLEASE ALWAYS CONSULT YOUR DOCTOR BEFORE BEGINNING ANY EXERCISE OR FITNESS PROGRAM, especially if you have any chronic or recurring condition, and/or if you are pregnant, nursing, or elderly. ASH is NOT responsible or liable for any injury or illness you suffer from physical exercise. By engaging in an exercise or fitness program, you assume all risks of injury and illness.
- ALWAYS warm up before beginning any workout and NEVER exercise beyond the level at which you feel comfortable.
- PLEASE STOP EXERCISING IMMEDIATELY if you experience pain, soreness, fatigue, shortness of breath, dizziness, lightheadedness, blurred vision, headache, nausea, sickness, illness, dehydration, excessive sweating, or any other discomfort. If any of these symptoms persists after you stop exercising, please seek medical help immediately.
- The ExerciseRewards Program and the ExerciseRewards Website are for general informational purposes only. ASH MAKES NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE EXERCISEREWARDS PROGRAM, THE EXERCISEREWARDS WEBSITE, OR ACTIVE&FIT DIRECT. ASH does NOT endorse and is NOT responsible for any member-posted view, opinion, advice, statement or comment on the Website.
- NOTHING YOU SEE OR READ OR OBTAIN FROM THE EXERCISEREWARDS PROGRAM, THE EXERCISEREWARDS WEBSITE, OR ACTIVE&FIT DIRECT IS INTENDED TO SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. This also applies to any interactive tools that may be made available through the ExerciseRewards Program or the ExerciseRewards Website, such as online classes or the Activity tracker. Such interactive tools are in no way intended as, nor are a substitute for, qualified, expert medical diagnosis, advice, counseling, or treatment. If you or your loved ones have a health condition or illness, or you require a medical opinion, you should consult with a licensed health professional in your area for proper examination, diagnosis, and treatment. Information you submit to ASH when using such interactive tools is retained by ASH and will be used by ASH for operating the interactive tools including providing you with information that you have requested or that may be of interest to you, and for other purposes described in our Privacy Statement or as otherwise authorized by you.
- THE EXERCISEREWARDS WEBSITE AND ACTIVE&FIT DIRECT ARE NOT INTENDED TO PROVIDE INSTRUCTIONS IN THE EVENT OF AN EMERGENCY. IF YOU BELIEVE YOUR SYMPTOM OR SITUATION IS LIFE-THREATENING, CALL 911 OR YOUR EMERGENCY MEDICAL SYSTEM IMMEDIATELY.
ASH IS NOT A MEDICAL PROVIDER AND ITS STAFF CANNOT GIVE MEDICAL ADVICE OR PROVIDE ANY INFORMATION CONCERNING THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL OR HEALTH CONDITION. THE INFORMATION ON THE EXERCISEREWARDS WEBSITE AND ACTIVE&FIT DIRECT ARE OF A GENERAL NATURE AND ARE INTENDED ONLY FOR EDUCATIONAL PURPOSES TO HELP WITH YOUR PERSONAL FITNESS AND HEALTHY LIVING GOALS AND SHOULD NOT BE RELIED ON AS MEDICAL ADVICE. THE INFORMATION ON THE EXERCISEREWARDS WEBSITE AND ACTIVE&FIT DIRECT SHOULD NOT BE USED AS A SUBSTITUTE FOR THE DIAGNOSIS OR TREATMENT OF OR CONSULTATION CONCERNING ANY MEDICAL OR HEALTH CONDITION BY QUALIFIED HEALTH CARE PROFESSIONALS.
Finding a Fitness Center.
The fitness centers listed on the ExerciseRewards Website and/or Active&Fit Direct are independent contractors and are not employees or agents of ASH. ASH does not exercise any control or direction over the manner or method by which fitness centers listed on the ExerciseRewards Website and/or Active&Fit Direct provide services to you. The fitness center directory on the ExerciseRewards Website and/or Active&Fit Direct is for informational purposes only and is not intended to be an endorsement or recommendation of any fitness club or exercise center.
Third Party Products and Services.
The ExerciseRewards Website and/or Active&Fit Direct may include information, links and advertisements about third-party websites, products and services, including third-party health and wellness websites, products and services (such as fitness clubs, exercise centers, prescriptions and over-the-counter drugs, herbal medicines, dietary supplements, etc.) (collectively, “Third-Party Sites/Products/Services” and each, a “Third-Party Site/Product/Service”). Information and links about Third-Party Sites/Products/Services are provided for our members’ convenience and general information purposes only. ASH does NOT own, control, produce, provide, or operate any such Third-Party Sites/Products/Services. The display of information, links, or ads about Third-Party Sites/Products/Services does NOT constitute or imply ASH’s sponsorship, endorsement or approval of, or affiliation or association with, such Third-Party Sites/Products/Services.
Any interactive sections, including but not limited to CheckIn!, Connected!, Challenges, Accountabilities, Online Classes (hereinafter collectively named "Tools"), contained in the ExerciseRewards Website are designed to give health information specifically related to the information you provided. You agree that the information you enter for all Tools is true and correct, and that if any information changes, you will correct it. Information you enter into Tools is retained by ASH, but is not utilized by ASH other than for interacting with you in delivering the services of the ExerciseRewards Website, or as otherwise authorized by you. Use of these Tools and any interactions with ASH staff affiliated with the ExerciseRewards Website concerning these interactive tools or any services purchased over the ExerciseRewards Website are for health education and information purposes only. Use of the Tools and any services provided to you do not constitute medical or other health care advice and are not intended to replace the diagnosis, treatment, and advice of your physician and other health care professionals.
To use the Connected! tool you must have a wearable fitness device that is compatible with the ExerciseRewards Website. Full use of the Connected! tool requires a compatible wearable fitness device, Internet access, and certain software, which may require periodic updates. The performance of the wearable fitness device may be affected by these factors.
If you wish to participate in the Connected! Website feature, you must provide your own wearable fitness device that is compatible with the ExerciseRewards Website to use the Connected! tool. ASH will not purchase a device for you, nor will it reimburse you for the cost or replacement of a wearable fitness device. Your use of the Connected! tool serves as your consent for ASH to receive information about your tracked activity and to use that data to process and administer available awards to you under the program. For information regarding ASH’s other uses of your personal information, please see the Privacy Statement.
Limitation of Liability.
(i) THE EXERCISEREWARDS PROGRAM, THE EXERCISEREWARDS WEBSITE (INCLUDING ALL ITS CONTENTS/ELEMENTS), AND ANY AND ALL INFORMATION, PRODUCTS, SERVICES, AND OTHER MATERIALS AVAILABLE THROUGH THE EXERCISEREWARDS PROGRAM AND/OR THE EXERCISEREWARDS WEBSITE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ASH AND ITS LICENSORS/SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE EXERCISEREWARDS PROGRAM, THE EXERCISEREWARDS WEBSITE (INCLUDING ALL ITS CONTENTS/ELEMENTS), AND ANY AND ALL INFORMATION, PRODUCTS, SERVICES, AND OTHER MATERIALS AVAILABLE THROUGH THE EXERCISEREWARDS PROGRAM AND/OR THE WEBSITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE AND NON-INFRINGEMENT, WARRANTIES AGAINST COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ASH AND ITS LICENSORS/SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY THAT THE EXERCISEREWARDS PROGRAM, THE EXERCISEREWARDS WEBSITE (INCLUDING ANY OF ITS CONTENTS/ELEMENTS), OR ANY INFORMATION, PRODUCT, SERVICE, OR OTHER MATERIAL AVAILABLE THROUGH THE EXERCISEREWARDS PROGRAM OR THE EXERCISEREWARDS WEBSITE, WILL BE ERROR-FREE, COMPLETE, USEFUL, OR SECURE, OR WILL BE UNINTERRUPTED, OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ANY DEFECT OR ERROR WILL BE CORRECTED. PRICE AND AVAILABILITY INFORMATION PERTAINING TO ANY PRODUCT OR SERVICE AVAILABLE THROUGH THE EXERCISEREWARDS PROGRAM OR THE EXERCISEREWARDS WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE.
(ii) YOUR USE OF THE EXERCISEREWARDS PROGRAM, THE EXERCISEREWARDS WEBSITE (INCLUDING ITS CONTENTS/ELEMENTS), AND/OR ANY INFORMATION, PRODUCT, SERVICE, OR OTHER MATERIAL OBTAINED FROM THE EXERCISEREWARDS PROGRAM OR THE EXERCISEREWARDS WEBSITE, IS ENTIRELY AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE EXERCISEREWARDS PROGRAM OR THE EXERCISEREWARDS WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE EXERCISEREWARDS PROGRAM AND EXERCISEREWARDS WEBSITE.
(iii) EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL ASH OR ANY OF ITS LICENSORS/SUPPLIERS BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO THE EXERCISEREWARDS PROGRAM, THE EXERCISEREWARDS WEBSITE (INCLUDING ANY OF ITS CONTENTS/ELEMENTS), OR ANY INFORMATION, PRODUCT, SERVICE, OR OTHER MATERIAL OBTAINED FROM THE EXERCISEREWARDS PROGRAM OR THE EXERCISEREWARDS WEBSITE, EVEN IF ASH AND RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
(iv) BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, DAMAGES OR LIABILITIES, SOME OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. ACCORDINGLY, NOTHING IN THIS SECTION 8 AFFECTS ANY WARRANTIES, DAMAGES OR LIABILITIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
User Password and Information.
By registering for an ExerciseRewards Program member account or an Active&Fit Direct Program member account on the ExerciseRewards Website, you represent and warrant that all account information you submit to ASH is your own information and is truthful and accurate. Account access is username- and password-protected, and you are responsible for keeping your account login safe and secure. You may change your account password at any time by logging into your account on the Website, going to “My Account Information and clicking “Reset Password”, and following on-screen instructions. You may NOT transfer or share your account login to or with any other person without the express prior written consent of ASH. Unauthorized transfer or sharing of one’s account login may result in immediate account suspension or termination by ASH. It is your responsibility to notify ASH of any change in your account information, including your email address. You should notify ASH immediately in the event your account login has been stolen, lost, or used by another without your permission.
You acknowledge and agree that ASH may immediately suspend or terminate your account and deactivate your account login, if: (i) ASH has any reason to believe that you have misrepresented or provided false information to ASH; or (ii) ASH determines, in its sole judgement, that you are in violation of these Terms or any applicable law or that your use of the ExerciseRewards Program Website or the Active&Fit Direct Program Website may expose ASH to liability of any kind, or may adversely affect the reputation or goodwill of ASH, the ExerciseRewards Program or the Active&Fit Direct Program.
By registering for the ExerciseRewards Program and/or Active&Fit Direct and providing your email address, you consent to ASH communicating with you about other related products and services that may be of interest of you. Your correspondence or business dealings with, or participation in promotions of, advertisers or providers of products or services found on or through this or any other ASH Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings are solely between you and such advertiser or provider. You agree that ASH shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or providers on the ExerciseRewards Website.
Not Intended for Minors.
The ExerciseRewards Website is not designed or intended for use by minors. Minors under the age of 18 years old are not permitted to use the ExerciseRewards Website without the permission and oversight of a parent or guardian.
Your privacy is important to us. To learn more about how ASH protects your personal health information and personally identifiable information collected on the ExerciseRewards Website and Active&Fit Direct, please refer to the Privacy Statement.
If you submit any idea, comment, review, testimonial, suggestion, recommendation, photo, video, or other material (whether or not related to the Program) to ASH via the ExerciseRewards Website and/or Active&Fit Direct, you acknowledge and agree as follows:
(i) Your submission is voluntary and consensual and is made without any condition or reservation of rights, including, without limitation, any condition of compensation, payment, credit, attribution, secrecy or confidentiality. No contractual, fiduciary or confidential relationship of any kind (whether express or implied) is created between you and ASH by reason of your submission. Your submission is not returnable and may be retained indefinitely by ASH and its successors and assigns.
(ii) You represent and warrant that your submitted material does not contain any confidential or proprietary information of others and does not violate any third-party right or any applicable law.
(iii) ASH and its licensors/suppliers, successors, assigns, and licensees will be free, without any obligation or restriction, to use your submitted material, in whole or in part, for any and all purposes, whether commercial or noncommercial (including, without limitation, advertising, marketing, sale, and product/service development), throughout the world and in perpetuity.
Any unauthorized or unlawful use of the ExerciseRewards Website and/or Active&Fit Direct is strictly prohibited. Specifically, you may NOT:
- use the ExerciseRewards Website and/or Active&Fit Direct or any of its Contents/Elements for any unlawful purpose, including, without limitation: operating any scam or fraudulent scheme (such as a pyramid or ponzi scheme); impersonating another, or making unauthorized use of another’s information; disseminating junk email, spam, or other unsolicited and unwanted messages or communications; or collecting personal information from or about others (including your farm customers) without their knowledge or consent, including through “phishing” or under any other false pretense;
- use the ExerciseRewards Website and/or Active&Fit Direct to upload, store, post, display, transmit, publish or distribute any material that: (i) is unlawful; threatening; harassing; abusive; hateful; discriminatory; derogatory; obscene; vulgar; pornographic; excessively violent; false, deceptive or misleading; defamatory or libelous; or otherwise offensive; (ii) promotes, solicits or aids crimes or illegal activities; (iii) promotes or solicits violence; (iv) promotes or solicits gambling, public intoxication, underage drinking, or drug abuse; (v) promotes or solicits animal cruelty; (vi) contains, promotes, or links to fake offers, scams, or other fraudulent schemes (such as pyramid schemes and ponzi schemes); (vii) contains, promotes, or links to viruses, worms, Trojan horses, spyware, malware, ransomware, or other malicious, harmful or disruptive code or material that is designed to damage, interfere with, intercept, lock out, or expropriate any software, hardware, information or data; or (viii) violates or misappropriates another’s copyright, trademark, trade secret, patent, right of publicity, right of privacy, contractual right, or other property or proprietary right of any kind (including, without limitation: using another’s name, likeness, photo, or other identity without consent);
- make copies of (except as may be permitted herein), modify, alter, translate, or otherwise create derivative works from, or transmit, publish, sell, transfer, license, or otherwise distribute (other than as expressly permitted by applicable law), the ExerciseRewards Website and/or Active&Fit Direct or any of its Contents/Elements;
- use the ExerciseRewards Website and/or Active&Fit Direct for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes, including, without limitation, for the purpose of developing any product or service to compete against ASH or the Program;
- interfere in any way with the operation of the ExerciseRewards Website and/or Active&Fit Direct, or any server, network or system associated therewith, including, without limitation: hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning or testing the vulnerability of the Website, or any server, network or system associated therewith; breaching or circumventing firewall, encryption, security or authentication routines; accessing data not intended for you, or accessing another’s account that you are not expressly authorized to access;
- use any automated program, tool or process (including, without limitation, web crawlers, robots, bots, spiders, or automated agents or scripts) to access the ExerciseRewards Website and/or Active&Fit Direct, or to register multiple accounts on the ExerciseRewards Website and/or Active&Fit Direct, or to generate automated searches, requests, or queries to the ExerciseRewards Website and/or Active&Fit Direct, or to strip, scrape, extract, or mine data or information from the Website (except, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the ExerciseRewards Website and/or Active&Fit Direct for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file);
- remove, erase, conceal, alter, or otherwise tamper with ASH or third-party intellectual property, attribution, or other proprietary rights or legal notices included in the ExerciseRewards Website and/or Active&Fit Direct or any of its Contents/Elements;
- link to, frame, or otherwise create a browser or border environment around, the ExerciseRewards Website and/or Active&Fit Direct or any of its Contents/Elements, without the express prior written consent of ASH;
- use any trademark or service mark of ASH: (i) for advertising, promotional, marketing, sale, or any other commercial or for-profit purposes (unless with the express prior written consent of ASH); (ii) in any way that falsely suggests or implies an association or affiliation with, or endorsement, sponsorship or approval by, ASH or the Program or the ExerciseRewards Website and/or Active&Fit Direct; or (iii) in any way that defames or disparages ASH or the Program or the ExerciseRewards Website and/or Active&Fit Direct; or
- otherwise use the ExerciseRewards Website and/or Active&Fit Direct or any of its Contents/Elements in a way that violates these Terms or any applicable law.
The ExerciseRewards Website and/or Active&Fit Direct contains proprietary information, including, but not limited to, logos, service marks, trademarks, software, photos, videos, text, graphics, comments, feedback, ideas, templates, instructions, notes, drawings, articles and other materials, and the selection, assembly, and arrangement of information on the ExerciseRewards Website and/or Active&Fit Direct (collectively, “Content”). Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks and other proprietary rights that are owned by ASH, ASH affiliates, or by third parties that have licensed their use to ASH. You may download material displayed on this website for noncommercial, personal use only, including showing the print-out to your personal physician or pharmacist, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, use, reproduce, copy, distribute, modify, transmit, repost, display, publish, sell, license, create derivative works, assign, or transfer any Content or information on the ExerciseRewards Website and/or Active&Fit Direct for public or commercial purposes without ASH’s prior written permission. Except as stated below, nothing on the ExerciseRewards Website and/or Active&Fit Direct shall be construed as conferring any license or other rights under the intellectual property or other proprietary rights of ASH, its affiliates, or any third party, whether by estoppel, implication, or otherwise.
ASH’s Limited License to You. Subject to your compliance with this User Agreement and all applicable laws, ASH hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited license to access the ExerciseRewards Website and/or Active&Fit Direct (including its Contents/Elements) solely for your own personal and lawful use within the United States. The foregoing license permits you to print and download (if enabled by the ExerciseRewards Website and/or Active&Fit Direct) certain ExerciseRewards Program and Active&Fit Direct materials from the ExerciseRewards Website and/or Active&Fit Direct for your own personal and non-commercial use only, provided that: (i) you do not transmit, distribute, or provide such materials to others; and (ii) you retain all copyright and other proprietary rights and legal notices contained in such materials. You acknowledge and agree that the above license is immediately revocable and terminable by ASH, if ASH determines, in its sole judgement, that you are in violation of these Terms or any applicable law or that your use of the Website may expose ASH to liability of any kind, or may adversely affect the reputation or goodwill of ASH or a Program.
ExerciseRewards, ExerciseRewards logos, Active&Fit Direct and the Active&Fit Direct logos are trademarks of American Specialty Health Incorporated. You shall not display, disparage, dilute, or taint our marks or use any confusingly similar marks or use our marks in such a way that would misrepresent who the proper owner of such marks is. Any permitted use of our marks by you shall inure to our benefit. Content of this website is copyrighted Copyright © 2007-2018, American Specialty Health Incorporated or its licensors. All rights reserved.
Participant Indemnification and Release.
Participant Indemnification: By using the ExerciseRewards Program and/or the ExerciseRewards Website and/or Active&Fit Direct, you agree to indemnify and hold harmless ASH and its licensors/suppliers, ASH’s successors, assigns and licensees, as well as their respective officers, directors, employees, agents and representatives (collectively, “ASH and Related Parties”), from and against any and all claims, actions, causes of action, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees and court costs) arising out of or related to: (i) your violation of these Terms or any applicable law; (ii) your use of any fitness center through the ExerciseRewards Program and/or Active&Fit Direct, including any of your activities at such fitness center; (iii) any injury (including death), damage or loss incurred by you, or caused to any third party by you, in connection with or in the course of your participation in the ExerciseRewards Program and/or Active&Fit Direct; (iv) your use of any information, product, service, or other material obtained from the ExerciseRewards Program or the ExerciseRewards Website or Active&Fit Direct, including your use of any Third-Party Site/Product/Service; and/or (v) any material submitted by you.
Participant Release: By using the ExerciseRewards Program and/or the ExerciseRewards Website and/or Active&Fit Direct, you also hereby release and forever discharge (to the fullest extent permitted by applicable law) ASH and Related Parties from any and all claims, actions, causes of action, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees and court costs) arising out of or related to: (i) the ExerciseRewardsProgram; (ii) the ExerciseRewards Website (or any of its Contents/Elements); (iii) Active&Fit Direct; (iv) any information, product, service, or other material available through the Program or the Website, including any Third-Party Site/Product/Service as explained herein; and/or (v) your use of (or inability to use), or your reliance upon, the ExerciseRewards Program, the ExerciseRewards Website (or any of its Contents/Elements), Active&Fit Direct, or any information, product, service, or other material obtained from the Program or the Website, including any Third-Party Site/Product/Service (see Section 7 of these Terms).
IF YOU ARE A CALIFORNIA RESIDENT, YOU FURTHER HEREBY WAIVE ALL RIGHTS AND BENEFITS UNDER CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING RELEASE – CALIFORNIA CIVIL CODE SECTION 1542 PROVIDES:
GENERAL RELEASE: EXTENT. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any transaction conducted on the website. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
ASH may assign this User Agreement, or any of its rights or obligations under this User Agreement, to any third party without your prior consent. This User Agreement will inure to the benefit of ASH’s successors, assigns and licensees.
All notices required or permitted by this User Agreement shall be in writing and may be delivered in person or may be sent by registered or certified mail to the following address:
P.O. Box 509117
San Diego, CA 92150-9117
Governing Law and Severability.
This User Agreement shall be construed, governed by, and enforced solely and exclusively in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions of your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of this User Agreement to be unenforceable, the remainder of this User Agreement will continue in full force and effect. You hereby agree that the courts located in the State of California, USA, will constitute the sole and exclusive forum for the resolution of any and all disputes arising out of or in connection with this agreement and you hereby consent to the personal jurisdiction and venue of such courts and irrevocably waive any objections thereto.
Any waiver of any provision of the User Agreement will be effective only if in writing and signed by ASH. The failure of ASH to insist upon or enforce the strict performance of the terms of this User Agreement, or to exercise any right under this User Agreement, will not be considered as a waiver of the right to assert or rely upon any such provision or right in that or any other instance.
From time to time, we may update this User Agreement and/or the ExerciseRewards Website and/or Active&Fit Direct (or any part thereof) to accommodate new technology, industry practices, regulatory requirements, or for other purposes. We will provide you with notice if the changes are material and, where required by applicable law, we will obtain your consent. Unless expressly otherwise agreed, all material changes will apply prospectively only. If you have an account on the ExerciseRewards Website and/or Active&Fit Direct, we may ask you to affirmatively agree to the changes (e.g., by checking a box or clicking a button) at the time of your next account login on the ExerciseRewards Website and/or Active&Fit Direct.
Use Website At Own Risk.
BY USING THE EXERCISEREWARDS WEBSITE (INCLUDING ANY OF ITS CONTENTS/ELEMENTS) OR ANY INFORMATION, PRODUCT, SERVICE, OR OTHER MATERIAL OBTAINED FROM THE EXERCISEREWARDS WEBSITE, OR ACTIVE&FIT DIRECT, YOU ASSUME ANY AND ALL RISKS OF DAMAGE TO YOUR COMPUTER AND/OR MOBILE DEVICE AND LOSS OR CORRUPTION OF DATA RESULTING FROM SUCH USE. ASH IS NOT RESPONSIBLE FOR ANY TERMINATION OF YOUR CONNECTION TO THE WEBSITE OR ACTIVE&FIT DIRECT, EVEN IF SUCH TERMINATION OF CONNECTION AFFECTS YOUR USE OF THE WEBSITE OR ACTIVE&FIT DIRECT.
Terms and Conditions Applicable to Only the ExerciseRewardsTM Program.
READ CAREFULLY. The following additional Terms and Conditions, together with the Privacy Statement and the Terms and Conditions Applicable to Both ExerciseRewards and Active&Fit Direct above, constitute the legally binding agreement between each user (“you”) and the Exercise Rewards Website. By using the ExerciseRewards Website, you accept and agree to be bound by the following Terms and Conditions and the Privacy Statement.
If your ExerciseRewards membership includes Rewards, you may keep track of your points and visits online and have the opportunity to redeem them for rewards through the ExerciseRewards Website.
If you are using a new fitness center for the first time in 2015, you must agree to allow ASH to accept visit data from that fitness center. This allows ASH to track your points and visits online. A pop-up message prompting you to approve this data exchange will appear when you select your fitness center on the ExerciseRewards Website. If you were an ExerciseRewards member prior to 2015, you will not be asked to re-approve the data exchange from your fitness center to ASH. Your fitness center will continue to submit visit data to ASH.
Upon completion of the required points or visits you may earn Rewards. As agreed between your health plan and ASH concerning the ExerciseRewards program, you will be notified of your eligibility to redeem a reward via email. ASH will arrange for your reward to be issued to you within thirty (30) days of meeting the rewards threshold. You must redeem your reward within thirty (30) days of the end of your reward period. If your enrollment in the ExerciseRewards program or the agreement between your health plan and ASH concerning the ExerciseRewards program is terminated prior to the end of the benefit year, you will have thirty (30) days from the termination date to redeem your reward, depending on the terms stated in the agreement. If you do not redeem your reward within the specified time period you will automatically receive your reward via mail; depending on the terms stated in the agreement between your health plan and ASH concerning the ExerciseRewards program. ASH will not be responsible for lost or stolen rewards.
Challenges and Accountabilities
In the Challenges and Accountabilities sections of the ExerciseRewards Website users may post information, including but not limited to the name of the Challenge, a description of the Challenge, photos, rewards for completing the Challenge, and motivational posts. Information posted to Challenges and Accountabilities can be viewed by the user who created the challenge, member(s) invited to the challenge, and Accountability partner(s) invited to support users. ASH does not endorse any information posted on the Challenges and Accountabilities pages and posts made by users do not necessarily reflect the views of ASH. Information on the Challenges and Accountabilities pages should not be taken as medical advice and ASH is not responsible for such information or for editing any factual errors or making any type of corrections to such information. Any action taken by you based on information presented on the Challenges and Accountabilities pages is at your own risk.
By using the Challenges and Accountabilities pages, you agree to adhere to the following guidelines:
- Be respectful of the opinions of others. Even though you might not agree with someone, that doesn't mean they are wrong or deserve to be belittled. Remember that what works for you may not work for everyone else. Give everyone the same courtesy you would expect in return. Do not post profane or explicit content.
- Do not post profile pictures that might be considered inappropriate.
- Do not post communications that could be interpreted as threatening or harassing.
- Do not post, advertise or promote products commercially.
ASH has the right to remove a post on the Challenges and Accountabilities pages if it does not meet these standards or for any other reason ASH deems appropriate. Also, you understand and acknowledge that because messages on the ExerciseRewards Website can be accessed by others, if messages contain any personal information about yourself, including anything relating to your physical health or condition, that information will be viewable by others and could be further used or disclosed by others, and that such information, if otherwise protected by state or federal privacy laws, may no longer be protected by those laws once posted by you voluntarily. All member messages in connection with Challenges and Accountabilities are deemed voluntary and information contained in them will be displayed to other participants depending on the parameters selected.
Third-party Websites linked to the ExerciseRewards Website are not under the control of ASH, and ASH is not responsible for the content of any linked Website or any link contained in a linked Website, or any changes or updates to such Websites. ASH provides these links to you only as a convenience, and the inclusion of any link does not imply a financial or business relationship, or endorsement by ASH of the ExerciseRewards Website or its products or services. ASH is not responsible for any activities that you may engage in on any linked Website, including without limitation, purchase of products or services. Once you link to a third-party Web site, you will be subject to the Terms and Conditions of Use, Privacy Statement and/or Editorial Policy of that Website. Your linking to such Websites is at your own risk, and ExerciseRewards is not responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods or services available on or through any such Website. In addition, you may not provide links to the ExerciseRewards Website without the prior written permission of ASH.
Terms and Conditions Applicable to Only Active&Fit DirectTM.
As part of your ExerciseRewards, you may be eligible for Active&Fit DirectTM.
READ CAREFULLY: The following additional terms and conditions (collectively, these “Terms”), together with the Privacy Statement and the Terms and Conditions Applicable to Both ExerciseRewards and Active&Fit Direct above, constitute a legally binding agreement between you and ASH that governs your participation in the Active&Fit Direct program (the “Program”), including your use of the Active&Fit Direct Program website located at www.activeandfitdirect.com (the “Website”). If you do not agree with anything stated in these Terms or in our Privacy Statement, you should not join the Program.
ABOUT THE PROGRAM: Active&Fit Direct is a program that gives participants access to the Active&Fit network of participating fitness centers. By joining the Program, participants will have basic membership access to participating fitness centers of their choice. The Program requires payment of an enrollment fee and a recurring monthly fee. If you have questions about the Program, please contact ASH using the contact information posted at https://www.activeandfitdirect.com/ContactUs . ASH Fitness reserves the right to change the fees associated with this Program. If we do so, we will provide you with no less than 30 days’ notice prior to the effective date of the change.
NOTICE TO CALIFORNIA RESIDENTS: Pursuant to Section 17538 of the California Business and Professions Code, prior to accepting payment from a buyer located in California, we are required to disclose the following information to the buyer:
- Our Legal Name: American Specialty Health Incorporated
- Our Business Address: 10221 Wateridge Circle, San Diego, CA 92121
- Our cancellation and refund policy is set forth in Section 3 (Participant Cancellation) of these Terms.
To be eligible for the Program, you: (i) must be 18 years of age or older; (ii) must be residing in one of the fifty States or the District of Columbia in the United States (not including its territories or possessions); and (iii) must have a valid email address.
2.1 Credit Card Required: To enroll in the Program, you must have a valid American Express, Visa, MasterCard, or Discover credit card of which you are the named account holder or which you are authorized to use with the consent of the account holder. You will be required to provide valid credit card information to ASH at the time of enrollment so that applicable fees can be charged for your enrollment (see Sections 2.2 and 2.3 below for applicable fee terms). Providing incomplete or incorrect credit card information may result in delay or decline of your enrollment. For information regarding how we keep your payment information secure, please see our Privacy Statement.
2.2 Enrollment Fee and Monthly Fee:The Program enrollment fee (the “Enrollment Fee”) and recurring monthly participation fee (the “Monthly Fee”) is shown on the URL provided to you by your group sponsor. The Enrollment Fee and the fees for the current and second month are due at the time of enrollment. Except as expressly otherwise provided in Section 3 (Participant Cancellation) of these Terms, or except as otherwise required by law, payments of the Enrollment Fee and the Monthly Fees are NON-REFUNDABLE. ASH Fitness reserves the right to change the fees associated with this Program. If we do so, we will provide you with no less than 30 days’ notice prior to the effective date of the change. The fees above may be subject to taxation. If so, the applicable tax will be shown online prior to completing payment. References to the Enrollment Fee and Monthly Fee throughout this document include taxes, if any, applicable to those fees.
2.3 Conditions of Enrollment: As conditions to your enrollment in the Program, and except as expressly otherwise provided in Section 3 (Participant Cancellation) of these Terms:
- YOU AGREE to be bound by these Terms and our Privacy Statement.
- YOU AGREE to pay, and you authorize your credit card to be immediately charged, the Enrollment Fee and the current and second months’ Monthly Fees (as specified in Section 2.2 above) at the time of enrollment.
- YOU AGREE to remain in the Program for at least three (3) months from the date of your enrollment (the “Introductory Period”). Accordingly, YOU AGREE to pay, and you authorize your credit card to be charged, the Monthly Fee for the third and last month of the Introductory Period.
- YOU AGREE that after the Introductory Period, your credit card will continue to be charged the Monthly Fee for each additional month you remain in the Program, unless and until your participation is canceled in accordance with these Terms.
- YOU AGREE that the information you submit and that we collect about you as part of the Program and through the Website may be shared with third parties in accordance with our Privacy Statement.
- You agree that ASH Fitness reserves the right to change the Enrollment Fee and/or Monthly fee and/or the Introductory Period and if we do so, we will provide you with at least 30 day’s notice prior to the effective date of the change.
2.4 Declined Payment: If the charge of the applicable enrollment-related fees outlined in Section 2.2 above to your credit card is declined for any reason during your enrollment process, you will not be enrolled into the Program. If your enrollment is successful and the charge to your credit card (e.g. the subsequent Monthly Fee) is declined for any reason thereafter, ASH will continue to attempt to charge your card for a brief period of time. If ASH’s attempts to charge your card remain unsuccessful, ASH will: (i) not complete your enrollment if a declined payment occurs at the time of enrollment; or (ii) terminate your participation if a declined payment occurs after enrollment. In the event ASH terminates your participation due to a declined payment that occurs after enrollment, should you wish to re-enroll in the Program, you will be required to pay a new Enrollment Fee and commit to a new three (3) month Introductory Period.
2.5 How to Enroll: There are two ways to enroll: (i) using the URL provided to you by your program sponsor (employer or health plan, as applicable) to enroll online (recommended); or (ii) by calling the toll-free number at 1-844-646-2746, or 711 (TTY/TDD) to enroll over the phone. When enrolling on the Website, you will be required to confirm your agreement with these Terms and our Privacy Statement by affirmatively checking a box. If you enroll via telephone, ASH will send copies of these Terms and our Privacy Statement to the email address you provide to us over the phone. NOTE: The URL that is provided to you for online enrollment is personal to you and may NOT be shared with or transferred to others. Sharing or transferring your enrollment URL to another may result in denial or revocation of your enrollment, as well as civil and/or criminal liabilities.
2.6 Enrollment Confirmation & Fitness Card: If your enrollment is successful, you will receive a confirmation email regarding your enrollment, as well as a downloadable and printable fitness card. You will need to present this card to the Fitness Center on your first visit to that facility. NOTE: The fitness card that is provided to you is personal to you and may NOT be shared with or transferred to others. Sharing or transferring your fitness card to another may result in immediate suspension or termination of your participation in the Program, as well as civil and/or criminal liabilities
2.7 Access to Fitness Center Features: As a participant in the Program, you will have basic membership access to Active&Fit Direct contracted Fitness Centers. Depending on the specific services available at the Fitness Center, your basic membership will give you access to standard fitness club or exercise center services, which may include (again, depending availability at the Fitness Center): access to cardiovascular equipment; free weights; resistance training equipment; group exercise classes (yoga, dance, Pilates, etc.); and, where available, amenities such as saunas, steam rooms, and whirlpools. However, your basic membership will NOT cover any non-standard services that the Fitness Center may offer for an extra fee, and you would need to purchase access to such non-standard services directly from the Fitness Center.
Please note that the Fitness Center may require you to sign its standard membership agreement. However, such agreement should not charge you any additional fee, unless you purchase access to non-standard services offered by the Fitness Center.
2.8 Guest Pass: If you are interested in a participating fitness center but not ready to enroll in the Program, you may submit a request to ASH via the Website for a guest pass (if one is offered by the fitness center you are interested in). Not all participating fitness centers offer guest passes. The Website may (but no guaranty) allow you to look up which fitness centers offer a guest pass and which do not. If you request a guest pass and do not enroll in the Program within fourteen (14) days, you may receive emails from ASH (or from a third party authorized by ASH) reminding you to enroll. Your request of a guest pass authorizes ASH or its authorized third party to send you these reminder emails.
3. PARTICIPANT CANCELLATION
3.1 “Buyer’s Right to Cancel” Period: YOU, THE BUYER, MAY CANCEL, WITHOUT ANY PENALTY OR OBLIGATION, YOUR PARTICIPATION IN THE PROGRAM AT ANY TIME WITHIN THE TIME PERIOD SPECIFIED BELOW:
- IF YOU ARE A RESIDENT OF GEORGIA, YOU MAY CANCEL WITHIN SEVEN (7) BUSINESS DAYS (EXCLUDING SUNDAYS AND FEDERAL HOLIDAYS) FROM THE DATE OF YOUR ENROLLMENT.
- IF YOU ARE A RESIDENT OF RHODE ISLAND, YOU MAY CANCEL WITHIN TEN (10) BUSINESS DAYS (EXCLUDING SUNDAYS AND FEDERAL HOLIDAYS) FROM THE DATE OF YOUR ENROLLMENT.
- IF YOU ARE A RESIDENT OF NORTH DAKOTA OR THE DISTRICT OF COLUMBIA, YOU MAY CANCEL WITHIN FIFTEEN (15) DAYS FROM THE DATE OF YOUR ENROLLMENT.
- IF YOU ARE A RESIDENT OF ANY OF THE OTHER FIFTY STATES, YOU MAY CANCEL BEFORE MIDNIGHT OF THE FIFTH (5TH) BUSINESS DAY (EXCLUDING SUNDAYS AND FEDERAL HOLIDAYS) FROM THE DATE OF YOUR ENROLLMENT.
TO CANCEL DURING THE APPLICABLE TIME PERIOD INDICATED ABOVE, PLEASE SEND BY MAIL YOUR WRITTEN CANCELLATION REQUEST, TO THE FOLLOWING ADDRESS NO LATER THAN THE APPLICABLE DEADLINE INDICATED ABOVE:
American Specialty Health Fitness, Inc
Attn.: Active&Fit Direct Cancellations
P.O. Box 509117
San Diego, California 92150-9117
IF YOU CANCEL PURSUANT TO THIS SECTION 3.1, ASH WILL REFUND IN FULL THE FEES YOU PAID FOR THE ENROLLMENT. ASH WILL MEASURE TIMELINESS BY COMPARING THE POSTMARK DATESTAMP TO THE DATE OF YOUR ENROLLMENT IN OUR RECORDS.
3.2 Cancellation During Introductory Period: After the applicable “Buyer’s Right to Cancel” period indicated in Section 3.1 above expires, participation in the Program is NON-CANCELLABLE during the remainder of the Introductory Period, except in the following limited circumstances:
- You move your residence more than 15 miles from the participating fitness center you have chosen and you are unable to find a similar participating facility that meets your needs in the area that you have relocated to.
- The participating fitness center you have chosen closes, ceases to participate in the Program, stops offering services important to your selection of that center, or relocates and another participating fitness center that meets your needs is not available in your area.
- You become disabled and are unable to participate in physical activity at your chosen fitness center or any other participating fitness center in your area for an extended period of time within the Introductory Period.
- If you should die during the Introductory Period, your estate may cancel your enrollment.
If any of the above circumstances applies to you, you (or, in the event of your death, your estate) may cancel your participation in the Program by calling ASH Customer Service at 1-844-646-2746, or 711 (TTY/TDD) during the hours of 5:00 AM and 6:00 PM (Pacific Time), Monday through Friday (excluding ASH holidays). You (or your estate, as applicable) may be required to provide documentation supporting the reason for your cancellation.
If you (or your estate, as applicable) cancel pursuant to this Section 3.2, you (or your estate, as applicable) will be excused from any remaining obligations of the Introductory Period (including any Monthly Fee that would otherwise be due for the remainder of the Introductory Period) as of the cancellation date.
3.3 Cancellation After Introductory Period: After the completion of the Introductory Period, you may cancel your participation in the Program at any time by calling ASH Customer Service at 1-844-646-2746, or 711 (TTY/TDD) during the hours of 5:00 AM and 6:00 PM (Pacific Time), Monday through Friday (excluding ASH holidays), or by logging into your account on the Website and submitting your cancellation request online. NOTE: You must notify ASH to cancel at least thirty (30) days prior to your next scheduled Monthly Fee payment due date to avoid any further credit card charge.