Terms of Use
This agreement (hereinafter, the "Agreement") between Melissa Paris Fitness, Inc. (hereinafter, "MP", "us" or "we") and you sets forth the terms and conditions which govern your use of any of the MP or MP sponsored Web sites (hereinafter, the "Sites") and/or the services (hereinafter, the "Services") thereon which are provided by MP.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING ANY OF THE SITES AND/OR SERVICES. BY ACCESSING OR USING THE SITES AND/OR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITES OR SERVICES AND SHOULD IMMEDIATELY CEASE SUCH USE. MP MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON NOTICE, WHICH MAY BE ACCOMPLISHED BY POSTING THE MODIFIED AGREEMENT ON THE SITE OR VIA E-MAIL. YOUR USE OF ANY OF THE SITES AND/OR SERVICES FOLLOWING SUCH NOTICE SHALL BE DEEMED YOUR ACCEPTANCE OF SUCH CHANGES. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE AND/OR THE SERVICES SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. IF WE REQUEST, YOU IRREVOCABLY AGREE TO SIGN A NON-ELECTRONIC VERSION OF THIS AGREEMENT.
1. Limited License; Use of Services.
MP grants to you a limited personal, non-exclusive and non-transferable right and license to access the Sites and use the Services thereon. Unless otherwise specified in writing, the Services are for your personal and non-commercial use.
MP’s Services shall contain, without limitation, E-mail services, bulletin and message boards, chat areas, news groups, forums, communities, calendars, and various other message communication applications.
2. Prohibited Activities.
In connection with your use of the Sites and/or the Services, you acknowledge and agree that you will not:
a. copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Sites or the Services;
b. access the Sites or Services by any means other than through the standard industry-accepted or MP -provided interfaces;
c. transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another's right of privacy or publicity;
d. impersonate any person or entity, including without limitation, an MP official, forum leader, chat room monitor, guide or host, or falsely state or otherwise misrepresent your affiliation with such a person or entity;
e. post or transmit any material that contains a virus or corrupted data;
f. delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
g. use of any Site or Service's communications features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous postings of repetitive text);
h. post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;
i. violate any applicable local, state, national or international law;
j. upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
k. delete or revise any material posted by any other person or entity;
l. manipulate or otherwise display the Sites and/or the Services by using framing or similar navigational technology;
m. register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any MP product or Service if you are not expressly authorized by such party to do so; or
n. use the Sites and/or the Services for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Site or the Services in any manner that could damage, disable, overburden or impair MP’s servers or networks, or interfere with any other user's use and enjoyment of the Sites and/or the Services. Furthermore, you may not attempt to gain unauthorized access to any of the Sites, Services, accounts, computer systems or networks connected to MP through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites or the Services.
3. Billing and Renewal Transactions and Policies.
Certain products or Services may be offered for sale on the Sites. In the event you wish to purchase or to subscribe for any of these products or Services, you will be asked by MP or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide MP or such third party with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or Service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.
Some Services offered by MP are subscription-based services. If you open a subscription-based account with any of MP’s Sites, you hereby agree to pay all charges to your account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. MP reserves the right to change the amount of, or basis for determining, any fees or charges for Services we provide, and to institute new fees, charges or terms effective upon notice to subscribers. We reserve the right to terminate any account at any time for any reason.
4. Accounts, Passwords and Security.
If any of the Sites or Services requires you to open an account, you must complete the registration process by providing MP with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to MP which is untrue, inaccurate, not current or incomplete, MP reserves the right to terminate this Agreement and your continued access and use of the Sites and/or the Services.
As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify MP immediately of any unauthorized use of your account or any other breach of security. MP will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by MP or another party due to someone else using your account or password.
5. Disclaimer Regarding Links.
The links on any of the Sites and/or Services will let you leave the particular Site or Service you are accessing in order to access a linked site (the "Linked Sites"). MP provides these links as a convenience, but we neither control nor endorse these Linked Sites, nor has MP reviewed or approved the content which appears on the Linked Sites. MP is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any Linked Sites. You acknowledge and agree that MP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the Linked Sites.
6. Dealings with Third Parties.
Your participation, correspondence or business dealings with any third party found on or through our Sites and Services, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that MP shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
7. Proprietary Rights.
You acknowledge and agree that the Sites and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of MP or its licensors. You further acknowledge and agree that any content contained in advertisements or information presented to you through advertisers concerning MP or otherwise is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, " Submission Materials") or by posting such Submission Materials on the Sites, you hereby grant to us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submission Materials in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you, the provider of the Submission Materials. The foregoing license to MP shall be fully paid-up and royalty free. In addition, under no circumstances shall MP have any obligation whatsoever to pay a fee to any subscriber or user in connection with the Submission Materials upon the occurrence of a transfer of all or any portion of MP’s business through a merger, sale or transfer of all or substantially all of the assets of MP, nor shall the sale of advertising on any of the Sites give rise to any obligation to pay a fee to Subscribers.
None of the Submission Materials disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on MP part and we shall not be liable for any use or disclosure of any such Submission Materials.
8. Copyright Policy.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by MP infringe your copyright, you, or your agent may send to MP a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon MP actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to MP a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.
MP’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows:
Designated Agent: Christopher Serbagi
Address of Agent: 488 Madison Avenue, Suite 1120, New York, New York 10022
Telephone: 212-593-2112
Fax: 212-308-8582
E-mail for notice: christopher@serbagilaw.com
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
9. Privacy.
MP’s policy with respect to the collection and use of your personally identifiable information is set forth at ____________ . By accepting these Terms of Service, you acknowledge this policy.
10. Disclaimer of Warranties.
THE SITES AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITES AND SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MP AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITES AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE, (iii) THAT DEFECTS WILL BE CORRECTED, or (iv) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SERVICES AND SITES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITES AND THE SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITES AND SERVICES ARE ENTIRELY AT YOUR OWN RISK.
11. Limitation of Liability.
NEITHER MP NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITES OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITES AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITES AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES OR THE SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITES OR THE SERVICES, or (vii) ANY OTHER MATTER RELATING TO THE SITES AND/OR THE SERVICES. IN NO EVENT SHALL MP'S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], STATUTORY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE SERVICES OR THE SITES.
12. Professional Advice Disclaimer.
THIS SITE OFFERS HEALTH, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND MP MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THIS SITE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
13. Indemnification.
You agree to indemnify, defend, and hold MP and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys' fees and disbursements) which arise directly or indirectly out of or from (i) your breach of this Agreement, (ii) any allegation that any materials that you submit to MP or post on any forums (e.g., message boards, chat rooms) infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party, and (iii) your access or use of the Sites and/or the Services. This Section 17 shall survive in the event this Agreement is terminated for any reason.
14. Jurisdictional Issues.
MP makes no representation or warranty that the content and materials on the Sites and/or the Services are appropriate or available for use in locations outside the United States. Those who choose to access the Sites or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. MP reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Sites and/or the Services to any person, geographic area, or jurisdiction we so desire, and to limit the quantities of any such Service or products that we provide.
15. Termination.
This Agreement shall remain effective until terminated in accordance with its own terms and conditions. You agree that MP, in its sole discretion, may terminate your password, account (in whole or in part), or use of the Sites or Services, and remove and discard any content within the Sites, at any time and for any reason. You agree that any actions taken under this Section 19 may be effective without prior notice to you. In the event of termination, however, those Sections in this Agreement which provide for continuing obligations on your part shall survive indefinitely.
16. General Information.
This Agreement constitutes the entire agreement and understanding between you and MP and governs your use of the Sites and the Services, superseding any prior agreements between you and MP. This Agreement and the relationship between you and MP shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. You and MP irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of New York, in the State of New York, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of MP to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions. The section titles in this Agreement are for convenience purposes only and have no legal or contractual effect. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. However, we may assign this Agreement to any third party whom we choose without your consent. No waiver by MP of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.
Privacy Policy
This Policy was last changed on November 28, 2010
Welcome to MELISSA PARIS FITNESS, INC. (“MP”, “we” or “us”). We operate this website (the “Site”) and other health, wellness, diet and fitness websites that are part of the MP Sites. The Sites provide a variety of online services and products, including articles, blogs, newsletters, tools, and social networking platforms (collectively, the “Services”). We are strongly committed to protecting the privacy of your information and providing a safe and secure environment for you, our users.
With this in mind, we provide you this privacy policy (the “Policy”) to help you understand the kinds of information we may gather about you when you visit the Site or use any of our Services, how we may use and disclose the information, and how you can control, correct and/or update the information.
To be clear about the terminology we are using, when we use the phrase “Personal Information” in this Policy, we mean information about you that is personally identifiable, like your name, address, e-mail address, or phone number, as well as other non-public information that is associated with this personal information. When we use the phrase “Anonymous Information” in this Policy, we mean information that is not associated with or linked to your Personal Information. Anonymous Information does not enable identification of or contact with individual persons.
By visiting this Site or using the Services, you are accepting the policies and practices described in this Policy. Each time you visit the Site or use the Services, you agree and expressly consent to our collection, use and disclosure of the information that you provide as described in this Policy.
This Policy applies to all sites Services that are operated by MP, including this Site. In addition to this general policy, each Site may have additional privacy provisions that are specific to the particular site. These supplemental disclosures are made in the site-specific addenda below or in a disclosure adjacent to the particular Service at the time we collect the information. These supplemental disclosures also govern the use of your information.
The Information We Gather
We collect information about you in three ways:
Information you voluntarily provide us. We collect and maintain information that you voluntarily submit to us during your use of the Sites and Services. For example:
when you register for a Site, you may provide us certain information including your name, e-mail address, screen name, password, demographic information, and the health topics that interest you;
to engage a Site’s social networking function, you may add to your profile by providing information about your interests or health topics. For example, your profile may list your favorite healthy foods or movie; if you are registering for a customized weight-loss program, you may provide us answers to questions we use to provide you the program, like your actual and goal weights, your preferred method of exercise, or your caloric intake;
if you sign up to receive a newsletter, enter a contest, or participate in social networking activities, we may require that you provide us contact information (e.g., e-mail or physical address);
if you purchase a product or service through the Site, we collect credit card information; and
you may provide us with personal information in the course of e-mail, customer support interactions, and surveys.
You can choose not to provide us with certain information, but this may stop you from gaining access to a Service or limit the features that you can use. For more information on the types of information we collect, please see the How We Use Your Information section below.
Information we collect through your use of the Site.
As you use the Site and Services, certain information may also be passively collected. Through technologies like cookies, pixels, beacons and log files, we may collect information about how you use the Site and the Services. For example we may determine through your IP address that you are located in New York City and we may deliver advertisements promoting New York City based-businesses. By knowing about you, we can deliver more helpful information, programs, tools and advertisements. Please see the sections below: To Target Advertising and Cookies, Web Beacons, and Log Information for more information.
Information we receive from third parties.
In addition to the information that you provide or we collect on the Site or through the Services, we may verify or collect certain information about you from third parties. For example, we may use your e-mail address to determine your street address or we may use your street address to obtain demographic information about you or the 9-digit ZIP code (ZIP+4) in which you live. We may combine this third-party information with the information we have already collected from you via our Sites and Services. We protect and use this third-party information in the same way that we treat other information – in conformance with this privacy policy.
How We Use Your Information
We will use your Personal Information in the ways described below or described at the time that the information is collected.
To Target Advertising. We believe that advertising on the Internet is more interesting to you when it is relevant. Accordingly, we customize the advertisements that you see based upon: (i) the information that you knowingly provide us (e.g., age, gender, stated health interests and other information in your profile); (ii) geographic location which we determine through your IP address; (iii) data we receive from third parties or (iv) your behavior on this Site or other Sites.
To assist us with the last listed category, a practice known as “Online Behavioral Advertising”, we engage third-party vendors. With the help of a cookie that our vendors place on your browser when you visit a page of the Site, we determine your interests and target advertisements and promotions based on those interests. For example, if you read an article about a particular health condition on the Site, we may determine that you are interested in that topic and through the use of a vendor’s cookie, we may later serve you an advertisement for a product intended to help sufferers of the particular health condition. The advertisement may appear when you are visiting a different section of this Site, another Site or any other website on the Internet if the website also has a relationship with our vendor.
We understand that some people prefer not to receive targeted advertising and there are a few ways that you can limit the customization of the advertising we deliver to you. You can opt-out of our Online Behavioral Advertising by clicking here and opting out of cookies placed by Collective and Microsoft Advertising, our current vendors. You can limit the way that we target advertising based on your self-reported interests and some other information in your profile by clicking on the “profile” section of this Site and deleting or modifying the information. On some Sites, the profile section is accessed through the _______________). Please see the section below on Updating and Control of Your Personal Information for more information. Please note that if you have registered on multiple Sites, you’ll need to modify your profile on each site. In addition, you can delete the cookies that we or Collective or Microsoft Advertising have placed on your browser. Please see the section below on Cookies, Web Beacons, and Log Information for more information.
To Provide the Sites and Services.
In general, we use your Personal Information as necessary or appropriate to:
administer your account;
register you and provide you access to the Site or Services;
respond to your inquiries or requests that you direct to us;
send communications and administrative e-mails about the Site or Services;
personalize and better tailor the features, performance, and support of the Site and Services for your use;
send you promotional/marketing information, newsletters, offers, or other information regarding opportunities and functionality that we think would be of particular interest to you (provided that we will not give your Personal Information to any third-party advertising partner without your consent);
improve the quality of the Site and the Services; and
analyze, benchmark, and conduct research on, user data and user interactions with the Site and Services.
Cookies, Web Beacons and Log Information
We use cookies, web beacons, log information and IP addresses in the ways described above and below. Please see the section below on Ad Networks and Third-Party Cookies to see how third parties may use cookies on our Sites.
“Cookies” are small pieces of information that a website attaches to your browser when you visit a website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until deleted) to provide you with a more personal and interactive experience with the Sites and Services. For example, we may use Cookies to control what advertisements you see, the sequence of advertisements and to make sure you don’t see the same advertisement too many times. For contests or sweepstakes, we may use Cookies in order to track your progress and the number of entries in some promotions. For polls, we may use Cookies to help ensure that an individual can’t vote more than once on a particular question or issue. We do not store Personal Information in any Cookies on your computer. Persistent Cookies can be removed by following your Internet browser’s directions within the help tab. In order to use certain Services offered through the Sites, your web browser must accept Cookies. If you choose to disable Cookies, some aspects of the Sites may not work properly, and you may not be able to access our Services.
We may also use Cookies, pixels, “Web Beacons” (which are usually small, transparent graphic images) and navigational data like Uniform Resource Locators (URL) to gather information regarding the date and time of your visit, the features and information for which you searched and viewed, the e-mail you opened, or on which of the advertisements displayed on the Sites you clicked. This type of information is collected to make the Sites and Services more useful to you and to tailor the experience with us to meet your special interests and needs.
An “Internet protocol address” or “IP Address” is a number that is automatically assigned to your computer when you use the Internet. We, or our service providers, may track your IP Address when you access the Sites or Services to assist with delivering geographically targeted advertisements.
How We Disclose Information to Third Parties
We know how important it is to keep the information you’ve entrusted to us confidential. We will not rent, sell or share your Personal Information with third parties except as specifically approved or under the circumstances described below. If you do not want us to use or disclose Personal Information collected about you in the ways identified in this Policy, you should not use the Site or Services.
Disclosure for legal reasons.
We may disclose and release your Personal Information to third parties: (a) to comply with valid legal requirements such as a law, regulation, search warrant, subpoena, or court order; or (b) in special cases, such as a physical threat to you or others, a threat to homeland security, a threat to our system or network, or cases in which we believe it is reasonably necessary to investigate or prevent harm, fraud, abuse, illegal conduct, or a violation or alleged violation of this Policy or other agreement we may have with you.
Agents and Contractors. We may provide your Personal Information to third-party service providers who work on our behalf or help us to operate our business, the Site and the Services. Examples of such service providers include vendors and suppliers that provide us with technology, services, and/or content for sending e-mail, analyzing data, providing marketing assistance, processing payments (including credit card payments), and providing customer service. Access to your Personal Information by these service providers is limited to the information reasonably necessary to perform its limited function. These service providers have an obligation under their contracts with us to keep your Personal Information confidential.
Aggregated, Anonymous Information. We may share aggregated Anonymous Information about you with third parties. Aggregated information is your Anonymous Information that is combined with the Anonymous Information of other users and does not allow you to be identified or contacted. Depending on the circumstances, we may or may not charge third parties for this aggregated information, or limit the third parties’ use of the aggregated information.
Contests, sweepstakes, and polls.
Some or all of the information collected during a contest or sweepstakes may be disclosed publicly. It may also be shared with other third parties as disclosed at the time of collection or in the promotion rules. These third parties may include a provider of prizes in order to update you of your status of your prize or other fulfillment needs, or a co-sponsor who may use your Personal Information to administer the promotion or for marketing purposes, but only in conformance with their privacy policy as made available to you at the time of collection. If data will be disclosed or shared in this manner, we will include a notice at the time of collection of such information.
Long-Term-License Services.
Some of the Sites are websites that we operate on behalf of third-party licensors, for example JillianMichaels.com and SouthBeachDiet.com (collectively, “Licensors”). We may share some or all of your Personal Information with our Licensors. This Policy does not cover the use of your Personal Information by our Licensors. The privacy practices of our Licensors may differ from ours and we encourage you to contact those third parties directly if you have questions regarding their use of your Personal Information.
Sponsors – and other ways that you approve at the time of collection. We may collect Personal Information about you and share it with third parties to the extent that you give us permission at the time of collection. For example, we sometimes gather Personal Information on behalf of a sponsor in association with a promotion. In such a case, we will provide you clear notice at the time of collection that the information is being collected on the sponsor’s behalf and link to the sponsor’s privacy policy. The sponsor is contractually obligated to comply with their privacy policy.
Within our Company; Changes to our Company.
We may share all or some of your Personal Information with any of our subsidiaries, joint ventures, or other companies under common control, in which case we will require them to honor this Policy. Additionally, in the event we go through a business transition such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge that such transfers may occur and are permitted by this Policy, and that any entity that acquires us, is merged with us or that acquires our assets may continue to process your Personal Information as set forth in this Policy.
Co-branded Sections of the Sites
Certain portions of the Site may be co-branded with a third-party business partner and subject to a different privacy policy that is either the partner’s privacy policy or a privacy policy developed jointly by MP. and our partner (collectively the “Co-branded Policy”). The partner’s collection, use and dissemination practices regarding any data or Personal Information provided by or obtained from users of these Co-branded portions of the Sites will be governed by the Co-branded Policy. The Co-branded Policy will make clear if our use and dissemination of Personal Information will be governed by the Co-branded Policy or this Policy. Please read the Co-branded Policy for each Co-branded Site before providing any Personal Information.
Third-Party Links
The Sites may link to websites operated by third parties that we do not control. We do not monitor, control, or endorse the information collection or privacy practices of any third parties. We strongly encourage you to become familiar with the privacy practices of every website you visit and to contact them if you have any questions about their respective privacy policies and practices. This Policy applies solely to information collected by us through the Sites or Services and does not apply to these third-party websites. The ability to access information of third parties from the Sites or Services, or links to other websites or locations, is for your convenience only and does not signify our endorsement of such third parties, their products, services, websites, locations, or their content.
Security
We place a priority on the security of Personal Information, and we undertake reasonable security measures to protect the data that resides on our servers. We also uses secure server software (SSL) to process all financial transactions that occur on the Site. SSL technology can encrypt Personal Information transmitted over the Internet. However, no security system is impenetrable. We do not warrant the security of our servers, nor do we warrant that your information, including Personal Information, will be completely secure or not be intercepted while being transmitted over the Internet.
How To Contact Us
If you have any questions regarding privacy or this Policy, you may contact us as follows:
Email: melissa@melissaparisfitness.com
Address: Melissa Paris Fitness, Inc.
102 Christopher Street, Apt. 3F
New York, New York 10014
Privacy Policy Changes
We reserve the right to change, modify, add, or remove portions of this Policy at any time and without prior notice, and any changes will become effective immediately upon being posted unless we advise you otherwise. However, we will not use your Personal Information in a way that is materially different than the uses described in this Policy without giving you an opportunity to opt out of such differing uses. Your continued use of the Site or Services after this Policy has been amended shall be deemed to be your continued acceptance of the terms and conditions of the Policy, as amended. We encourage you to bookmark this Web page and review this Policy regularly.
Disclaimer
Disclaimer
You should consult your physician or other health care professional before starting this or any other fitness program to determine if it is right for your needs. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. Do not start this fitness program if your physician or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately.
This site offers health, fitness and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this site. The use of any information provided on this site is solely at your own risk.
Developments in medical research may impact the health, fitness and nutritional advice that appears here. No assurance can be given that the advice contained in this site will always include the most recent findings or developments with respect to the particular material.
If you are in the United States and think you are having a medical or health emergency, call your health care professional, or 911, immediately.
Certain health or medical material on this site may be sexually explicit. Please do not use this site if you would find these materials offensive.