TERMS OF SERVICE

Last Modified: October 27, 2020

PLEASE READ THESE TERMS OF SERVICE BEFORE USING OR ACCESSING ANY PAGES IN THIS WEBSITE

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This website is owned and operated by CYUP TRAINING, LLC (collectively “CYUP,” “we,” or “us”). This Agreement describes the terms under which you may interact with CYUP products, software, and service offerings (the “Services”). By checking the “AGREE” box, you are agreeing to comply with and be bound by all the terms of this Agreement. CYUP MAY CHANGE THE TERMS OF THIS AGREEMENT FROM TIME TO TIME. IN SUCH CASE, YOU MAY BE REQUIRED TO AGREE TO THE CHANGED AGREEMENT AS A CONDITION OF YOUR CONTINUED USE OF THE SERVICES.

BY AGREEING TO THESE TERMS OF SERVICE, YOU HEREBY REPRESENT THAT YOU ARE OVER EIGHTEEN (18) YEARS OF AGE, THAT YOU MAY LEGALLY ENTER INTO THIS AGREEMENT, AND THAT YOU AGREE WITH ALL THE TERMS OF THIS AGREEMENT OR THAT YOU ARE OVER EIGHTEEN (18) YEARS OF AGE AND YOU HAVE GIVEN US YOUR CONSENT TO ALLOW ANY OF YOUR MINOR DEPENDENTS TO USE THIS SITE. 

THIRD PARTY SITES

This site may provide you with links to other sites on the Internet (“Linked Sites”).  The Linked Sites are not under CYUP’s control, and CYUP is not responsible for the contents of any Linked Sites, including without limitation the accuracy, copyright compliance, legality or decency of the Linked Sites or any links contained therein.  These links are provided for your convenience, and do not imply endorsement of the Linked Sites by CYUP or any association with the operators of the Linked Sites.

PROPRIETARY RIGHTS

You acknowledge and agree that the materials contained in this site are protected by copyright, trademark and other proprietary rights and laws.  You may download and print or save to your disk or hard drive materials found on this website for your personal use only, provided that all copies you make of this material must include any copyright, trademark or other proprietary notice located on the site which pertains to the copied material.  Except for the use expressly authorized, you agree not to sell, transfer, license, modify, copy, reproduce, distribute, transmit, display, perform, publish, or create derivative works from such materials.  You agree not to systematically retrieve data or other content from this site for the purpose of creating a collection, compilation, database, or directory without CYUP’s written permission.  All rights not expressly granted herein are reserved.  Downloading of any information, content or images from this website does not transfer any right or ownership of such information, content or images to you, and such information, content or images may be used solely in accordance with the these Terms of Service.  You may not mirror or archive any part of this website or any material contained on this website on any server or computer without CYUP’s written permission.

 

PRODUCTS AND SERVICES

A description to a product, service or publication on this website (including any description or reference via hyperlink) does not imply endorsement by CYUP of that product, service or publication.  Products and services offered through this website shall be warranted, if at all, through the written license or warranty provided in connection with such product or service.

NO UNLAWFUL OR PROHIBITED USE

You agree not to use the website for any purpose that is unlawful or prohibited by the Terms of Service.  You may not use the website in any manner that could damage, disable, overburden, or impair this site or interfere with any other party’s use of this site or services.  You may not seek by any means to obtain any materials or information through the site not intentionally made available to you through the site.

USER’S LIMITED ACCESS

The site may contain communication services such as blogs, chat rooms, weekly tips, group calendars, electronic mail postings, and other public forums.  You agree to post messages only if they are relevant to the intended subject matter of the forum.

You agree that you will not:

  • Post messages that are inappropriate, unlawful, threatening, obscene, vulgar, pornographic, profane, indecent, defamatory, libelous, abusive, or a violation of the legal rights (including, without limitation, privacy and publicity rights) of others.

  • Violate the copyright, trademark, or other intellectual property rights of any other person or entity.

  • Upload any files containing viruses, corrupted files, or any other component that may be harmful to the operation of another’s computer.

  • Improperly assume or claim the identity, characteristics, or qualifications of another person.

  • Conduct or forward surveys, contests, pyramid schemes, or chain letters.

  • Use the site for commercial purposes, or post messages that contain advertising or are intended to solicit others to buy or sell services or to make donations.

  • Harvest or otherwise collect information about others, including, without limitation e-mail addresses, without their consent.

  • Attempt to gain access to any portion of this site, any computer, server, account, network, software, or hardware associated with this site, from which you are restricted.

  • Violate any applicable laws or regulations.

CYUP is not obligated to monitor the communications contained on the site.  However, CYUP may, at its sole discretion edit, decline to post, or remove any information or materials or any portion thereof.

REGISTRATION AND MEMBER ACCOUNTS

Before you are able to access the Services, you will need to register and create an account (“Account”) by fully and accurately completing the applicable sign up page, and providing to CYUP such fully accurate information as CYUP may reasonably require, including without limitation, your name, email address, and other similarly related information (collectively, “Registration Information”); you agree to keep all Registration Information updated and correct. Your Account is personal to you, and you may not share it or allow it to be used by anyone other than you. You are solely responsible to ensure that your Account is used only by you and in a manner consistent with this Agreement. In some instances, CYUP shall allow you to select a username and password for your Account, and in other instances, your account may be created through single sign-on, subject to CYUP’s rules. You agree to keep such username and password confidential, and not allow any third party to access or use such username or password. You agree to indemnify and defend CYUP from and against any losses, liabilities, and the like arising from any disclosure or misuse of your username or password.

HEALTHY SAFETY

Warning of Risk. You understand that all physical exercise involves an inherent potential risk for injury, sickness, death, and related damage. You also hereby expressly assume all risks that you may suffer injury, sickness, death, or such damage as a result of accessing or using the Services. You may be required to execute an applicable waiver at your Facility.

 

Disclaimer. You hereby agree for yourself and on behalf of your family, heirs, personal representatives, successors, and assigns, that CYUP, including its members, managers, officers, employees, agents, business partners, and affiliates (collectively, the “Released Parties”), will not be liable for any injury, sickness, death, or damage suffered through your use of the Services including without limitation doing exercises or conducting activities described or contained therein. You also hereby agree to hold the Released Parties harmless from any and all injuries, sickness, death, or damage sustained by you through use of the Facility and Static/Interactive Equipment, and to indemnify the Released Parties from any and all associated claims, demands, threats, suits or proceedings, and any associated losses and liabilities, including attorneys’ fees, which directly or indirectly result from or in connection with such use. You hereby forever and irrevocably release and discharge, and hereby agree to release and discharge, the Released Parties from all such claims, demands, threats, suits or proceedings, and any associated losses or liabilities.

Physical Condition. You hereby represent and warrant that you are in good physical condition, and that your use of the Services has been reviewed and approved by your personal physician. YOU AGREE THAT: (A) YOU WILL USE THE SERVICES ONLY IF YOU REASONABLY BELIEVE DOING SO WILL NOT CAUSE YOU HARM; AND (B) YOU WILL IMMEDIATELY CEASE ANY USE OF THE SERVICES IF THAT MAKES YOU FEEL UNWELL, AND SHALL THEN IMMEDIATELY SEEK MEDICAL ATTENTION. You understand and agree that you are making the foregoing representations and warranties and that CYUP will rely on them, and you further understand and agree that CYUP is in fact relying on those representations and warranties in making the Services available to you.

No Medical Advice. If you have or suspect that you have a medical problem, you should immediately contact your health care provider. CYUP’ staff, if applicable, are not medical personnel, and do not provide medical advice.

NO REPRESENTATIONS OR WARRANTIES

CYUP makes no representations or warranties that this web site if free of defects, viruses or other harmful components. CYUP shall not be responsible for any damages or loss that may result from the hacking or infiltration of this web site or CYUP’s computer systems.  YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEB SITE AND YOU AGREE TO HOLD CYUP HARMLESS FROM, AND YOU COVENANT NOT TO SUE CYUP FOR, ANY CLAIMS BASED ON THE USE OF THIS WEB SITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEB SITE. The pages on this website may contain technical inaccuracies, outdated information and typographical errors. ACCESS TO THIS SITE IS PROVIDED FREE OF CHARGE AS A COURTESY.  HOWEVER, ALL MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.”  CYUP DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.  CYUP MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, PRODUCTS OR SERVICES CONTAINED IN OR OBTAINED THROUGH THE SITE FOR ANY PURPOSE.  SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES; THESE EXCLUSIONS MAY NOT APPLY TO YOU.

DISCLAIMER OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL CYUP BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER THAT MAY RESULT FROM THE USE OF OR THE INABILITY TO USE THIS SITE, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF EMAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS.  THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CYUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; CYUP’s LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. If you are dissatisfied with any portion of the site or the associated services, your sole remedy is to cease using them.

INDEMNITY

You agree to defend, indemnify, and hold harmless CYUP and its employees, agents, directors, officers and shareholders, from and against all liabilities, claims, damages, and expenses (including without limitation reasonable attorneys’ fees and costs) arising out of your use of this site, your breach of this agreement, or your infringement of the intellectual property rights of third parties.

TERMINATION

CYUP reserves the right to terminate your access to the site or to any or all of its services at any time without notice for any reason whatsoever. 

PRIVACY

Please see our Privacy Policy for information regarding the collection and use of personal information from this web site.  Despite any representations concerning privacy, CYUP reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation.

COMMUNICATIONS

CYUP is pleased to hear from its customers.  Anything you disclose or offer to us by or through this website (“Communications”), including e-mails to CYUP or postings on interactive portions of this website, shall be deemed and shall remain the property of CYUP. If you send us such Communications, you are providing it to us on a NON-CONFIDENTIAL BASIS, and we will have no obligation to keep such information secret, to refrain from using such information, or to compensate your for the receipt or use of such Communications. CYUP is free to use, for any purpose whatsoever, any Communications, including but not limited to publishing, or developing, manufacturing, and marketing products using such Communications. By submitting Communications to us through this website, through e-mail, or through any means, you hereby RELEASE CYUP from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any Communications. By uploading or otherwise providing any Communications to this website or CYUP, you hereby grant CYUP, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify and create derivative works from such Communications for any purpose and in any media without compensation, and you warrant that all “moral rights” in uploaded Communications have been waived

GENERAL

This Agreement shall be given effect to the fullest extent permissible by law.  In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions hereof, and this agreement shall be construed to give maximum legal effect to the intent expressed herein. This agreement is governed by, and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law. You hereby consent to the exclusive jurisdiction and venue of the courts of the State of Illinois or, if appropriate, the United States District Court for the Northern District of Illinois for the resolution of all disputes arising out of or relating to the use of this site and the associated services.  CYUP may assign this agreement, in whole or in part, at any time. This agreement coupled with the CYUP Privacy Policy constitutes the entire agreement between CYUP and the user with respect to this site, and these agreements supersede all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written, between CYUP and the user with respect to the site.

CYUP’s performance of this Agreement is subject to existing laws and legal process. Nothing contained in this agreement is in derogation of CYUP’s right to comply with governmental, court and law enforcement requests relating to your use of the site, or information collected by CYUP in connection with such use.

All rights not expressly granted herein are reserved exclusively and entirely to CYUP. Nothing on this website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of CYUP or any third party, whether by estoppel, implication, or otherwise.  All trademarks and trade names are the property of their respective owners.  Except as otherwise notes, CYUP is the owner of all trademarks and service marks on this website, whether registered or not.

 

PRIVACY POLICY

Effective Date: October 27, 2020

This Privacy Policy (“Policy”) provides you with essential details regarding the privacy practices of CYUP Training, LLC (collectively “CYUP”, “our”, “we”, or “us”) in support of the users (“Participants”, “you”, or “your”) of training programs, a Facility, Services, and CYUP Products (“CYUP Offerings”) that are managed, cared for, or provided by CYUP.

 

This Policy describes how we collect, use, and store (“Process” or “Processing”) all forms of your information (“Information”) through our products and Services, as defined below. The “Services” include, but are not limited to, the provisioning of: (i) employees or independent contractors of CYUP (“CYUP Staff”), (ii) any software and equipment developed by CYUP, (“CYUP Products”), (iii) wellness and fitness programs, (iv) running training, (v) athletics training and/or (vi) remedial exercises as agreed upon by you with CYUP.

 

When you access and utilize the CYUP Offerings you agree to the Terms and Conditions of this Policy.

 

OUR COMMITTMENT TO YOU

 

CYUP is committed to protecting all Information we Process. CYUP will deploy reasonable safeguards aligned with industry standards in order to maintain the security and privacy of all Participants. We strive to continually protect our Clients’ and Participants’ Information, while helping our Participants achieve their fitness goals. CYUP will continue to practice privacy by design to ensure only the necessary Information is being collected and/or transmitted.

 

Please note, this Policy does not address the privacy practices of third-parties, including those incorporated through the Services. Please review the privacy policies of any third-parties before you disclose information to them. Through your use of any of the CYUP Offerings you consent to these practices when directed to the Policy.

CHANGES TO THE POLICY

In the event we make material changes involving your Personal Information, as determined in the reasonable discretion of CYUP, or we have added new categories of Personal Information into our Information Processing activities, we will update this Policy. We will not materially reduce your rights under this Policy without notifying you.

We may periodically change this Policy without notification to keep pace with new technologies, industry practices, regulatory requirements, and similar reasons. This will be reflected through the date after “Last Modified” at the beginning of this Policy. These changes may include our annual review, additional provisions, or capabilities that do not affect the scope of Processing or categories of Information collected.

 

If you do not agree to such revised Policy at such time, please refrain from using CYUP Offerings, and contact us to close any account you may have created.

 

CATEGORIES OF PERSONAL INFORMATION

We collect two types of Information: (i) Information that identifies a single individual or is associated with an identifiable individual (e.g. name, postal address, telephone number, email address) (“Personal Information”), and (ii) aggregated or de-identified Information that cannot reasonably identify a single individual (e.g. demographic information (e.g. your age or gender) and other statistical Information) (“Non-Personal Information”). 

Personal Information we collect or obtain includes, but is not limited to, the following:

  • Name

  • Telephone number

  • Email address

  • Date of birth

  • Geographic location

  • Gender

  • Password

  • Emergency contact name

  • Emergency telephone number

  • Age

  • Postal address

  • Height

  • Injury history

  • Training history

  • Training goals

  • Heart rate threshold or cap

  • Weight

  • Body composition

  • Body mass index

  • Initial fitness level

  • Physical assessment scores (VO2 score rating & functional movement screen score)

  • Nutrition assessment results

  • Motivation assessment results

  • Physical activity readiness information

  • Date and time of visit

  • Workout data (date, duration, heart rate, and power generated)

  • Other information either desirable or necessary to provide quality training

  • Use of a Service and Communication preferences

  • Aggregate, Non-Personal Information we collect or obtain includes, but is not limited to:Number of registered members at each fitness location where

  • Participants of training programs take place (“Facility”)

  • Types of Services and equipment

  • Fitness outcome data

  • Client/customer survey scores

 

HOW WE USE PERSONAL INFORMATION

 

We collect Information from you for the following reasons and use the Information for the following purposes:

 

  • To develop customized training programs based on Participant’s personal history and condition that will track Participant’s progress towards each Participant’s fitness goals and needs.

  • To customize Participants’ experiences.

  • To provide Services which you have requested from us.

  • To track the effectiveness of the CYUP system.

  • To analyze, improve, customize, and advertise use of CYUP Offerings.

  • To provide you with notifications related to your use of any of the Services offered in connection with a Service.

  • To track the use of a Facility.

  • To develop, customize, enhance, or provide advertising for CYUP Offerings.

  • To demonstrate CYUP’s performance under any agreement established to represent a Participant in the provision of Services that includes, but is not limited to, wellness and fitness programs, running training, athletic training and/or remedial exercises as agreed upon by you with CYUP.

  • CYUP routinely de-identifies Personal Information and uses such Non-Personal Information for:

  • Improving CYUP’s and our partners’ services and/or CYUP Offerings;

  • The development of new CYUP Products or Services; and

  • The analysis of CYUP Products and Services to improve upon CYUP Products and Services.

COPPA (CHILDREN ONLINE PRIVACY PROTECTION ACT)

When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online. We do not specifically market to children under the age of 13 years old.

INFORMATION RETENTION AND YOUR DATA

Upon the termination of an Agreement between a Client and CYUP, all associated CYUP Products will be decommissioned, and CYUP will stop the collection of Information. CYUP will retain certain instances of Information, including Non-Personal Information.

DISCLOSURE OF PERSONAL INFORMATION

Except as set forth in this Policy or as specifically agreed to by you, we will not disclose any of your Personal Information. CYUP may disclose Personal Information (to the extent permitted by applicable law):

  • To a person who, in the reasonable judgment of CYUP, is seeking the Information as an authorized Client of the Participant.

  • In situations where sharing or disclosing your Information is required to perform the Services or fulfill an Agreement between CYUP and a Client.

  • To any other entity that acquires all or a portion of our organization by merger, reorganization, operation of law, or a sale of some or all of CYUP’s assets.

  • To disclose or release your Information by a court or other government authority of competent jurisdiction.

  • To third-parties that are utilized in connection of the furtherance of the Services.

  • We will disclose Non-Personal Information for improving CYUP’s, and our partners’, services and/or products, the development of new CYUP Products or Services, and the analysis of CYUP Products and Services to improve upon CYUP Products and Services.

LINKED SITES


Our websites may contain links to various other websites. CYUP assumes no responsibility for the content or practices of websites linked through our websites and such linking should not suggest or imply any affiliation or endorsement by CYUP of the linked website. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by our websites.

CHOICE/OPT-OUT


Our users are given the opportunity to ‘opt-out’ of having their information used for marketing and information communications.  Users can change or opt-out on how they are contacted at any time by writing to the contact points specified below.

BUSINESS TRANSITIONS

 

If CYUP goes through a business transition, such as a merger, acquisition, or sales of a portion of its assets, your personal information will, in most instances, be part of the assets transferred. You will be notified via prominent notice on our website for 30 days prior to a change of ownership or control of your personal information. If, as a result of the business transition, your personally identifiable information will be used in a manner different from that stated at the time of collection, you will be given choice consistent with the one outlined in “Revisions to this policy” (below).

SECURITY


We follow industry standards and practices to safeguard all of the information, anonymous and personal, that we collect. If users have any questions about the security at our websites, users can contact us at the contact points specified below.

REVISIONS TO THIS POLICY


CYUP reserves the right to periodically revise this policy. Please check this page periodically for changes. The document revision date displayed below will indicate when this policy was last revised.  If we decide to change our privacy policy, we will post those changes to this privacy statement, and other places we deem appropriate so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We will use information in accordance with the privacy policy under which the information was collected.

 

If we are planning to use your personally identifiable information in a manner different from that stated at the time of collection, we will notify you via email. You will have a choice as to whether or not you allow us to continue to use and maintain your information  under our new policy. Of course, if you have opted out of all communication with us or deleted/deactivated your account,  you will not be contacted and your personal information will not be used or maintained under the new policy.

CONTACT INFORMATION

Questions about the Terms of Service and Privacy Policy should be directed to:

Jefferybryant@cyuptraining.com