ULA Solutions LLC (“Company” or “We”) respect your privacy, and are committed to maintaining your privacy through the steps outlined in this policy (“Policy”).
This policy pertains to the information we collect through your use of Why.Fit, and our practices of collecting, storing, maintaining and using such information.
This policy applies to information we collect:
- Through the use of the Website/App
- Through any email, text, or other communications with the Company regarding the use of the Website/App
It does not apply to information collected by:
- Any third party, including any content or applications that may link to or be accessible from the Website/App
Please read through this Policy carefully to understand how the Company will collect, use, and maintain your information. If you do not agree with our policies or practices, your sole remedy is to not use the Website/App. By accessing or using the Website/App, you agree to be bound by the policies and practices set forth in this Policy.
Information We Collect and How We Collect It
We collect various forms of information for and about users of the Website/App, including information:
- By which users may be personally identified, including name, postal address, email address, or telephone numbers;
- By which users are not personally identified, but which still pertain personally to users, including age, height, weight, sex, or race;
- About your internet communication, usage, and the equipment used to access the Website/App;
- Automatically obtained through use of the Website/App, such as IP addresses, location, browser type, domain names, access times, referring Website/Apps, and cookie preferences.
We collect this information through:
- Direct interaction between the user and the Website/App;
- Automatic means when you use the Website/App.
Information You Provide To Us
Information that you provide to us directly may include:
- Information that you provide to us when entering information on the Website/App. This can include, but is not limited to, filling out forms when registering for the services provided through the Website/App or when setting up your personal account, or filling out surveys on the Website/App;
- Information that you send when communicating with the Company, through text or email communications;
- Results of search queries you may perform on the Website/App.
Information We Collect Automatically
We collect various types of information automatically through your use of the Website/App, including:
- Details relating to your visit to the Website/App, including data and resources accessed while on the Website/App;
- Information about your computer, including your IP address, operating system and browser used to access the Website/App;
- Information about your Internet connection.
Our use of these automatic data collection tools helps us to deliver a more personalized service on the Website/App. This data allows us to store information about your preferences, allowing us to customize your experiences based on your usage and preferences.
The technologies we use for this automatic data collection may include:
- Flash cookies: Certain features of our Website/App may use local stored objects (Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website/App. Please note that Flash cookies are not managed by the same browser settings as are used for browser cookies;
- Google Analytics: This tool provided by Google tracks the flow of Internet traffic. We use this tool in order to track where the incoming traffic to the Website/App is coming from, as well as how it distributes through the web;
- Cloudflare: This service is used to distribute static files to users, regardless of where they are physically located. Additionally, Cloudflare collects data in order to target malicious users and block their access and use of the Website/App. We use this service both to ensure timely delivery of the Website/App’s content, as well as for security purposes to ensure the proper functioning of the Website/App for your access and use.
How We Use Your Information
We use the information that we collect about you or you provide to us:
- To present the contents of our Website/App to you;
- To present the contents of our Website/App in a personalized manner;
- To provide you with information or services that you request from us;
- To perform any service consistent with our obligations to you (including billing and collecting in exchange for use of the Website/App);
- To present you with personalized content based on your use of the Website/App and/or answers to surveys;
- To allow you to participate in any interactive features on the Website/App;
- For any other purpose with your consent.
Disclosure of Your Information
We reserve the right to disclose aggregate information about our users without any limitation. This aggregate information will not personally identify you or any user.
In addition, we may disclose personal information in accordance with this Policy in the following instances:
- With your consent;
- To any third parties we may contract with, in order for the third party to market its products and services towards you;
- To fulfill the purpose for which you provide it, for example in order to attribute workouts or meal plans to you as the author;
- For any purpose disclosed by us when you provide the information.
We may also disclose your personal information:
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request;
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others.
Choices About How We Use and Disclose Your Information
We aim to provide you with choices for how we handle the personal information you provide to us. We have created the following methods to provide you with control over your information:
- Customized Information from the Website/App: The Website/App operates to provide you with information about new workout plans, meal plans, or motivational articles based on your specific needs. As such, the Website/App uses your information to create targeted emails based on what we determine your interests and needs to be. If you so choose, you can unsubscribe from these emails by clicking on the “Unsubscribe” link at the bottom of the email.
Accessing and Updating Your Information
We understand that it may be necessary to update your information from time to time. The Website/App will offer you the option to edit, update, or delete your information at any time through your personalized log-in. Specifically, you will have the ability to update your personally identifiable information, as well as any information you have inputted relating to workouts or meal plans. You may not delete personally identifiable information without providing corresponding replacement information. Any prior information you provided to the Website/App through the registration surveys may be updated by re-taking the surveys. The Company will maintain all survey results after editing.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Additionally, we have implemented measures to secure your access and use of the Website/App. These measures include:
- Validating all inputted data from both the browser and the server side to prevent SQL injection and Cross-site scripting (XSS);
- Using HTTPS protocol to ensure a secure transfer of data between you and our servers;
- Using server providers that guarantee our backend is backed up with the latest security measures;
- Storing user passwords in a hashed (encrypted) form that is proprietary to the Company, ensuring its security in the event of any unauthorized access to or leaking of user passwords;
- Using tests to detect malicious activities;
- Performing periodic tests to validate the efficacy of these security measures.
The safety and security of your information also depends on you. You are responsible for ensuring the confidentiality of all passwords used to access and use the Website/App. In order to ensure this confidentiality, we ask that you do not share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website/App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website/App.
Your California Privacy Rights
California Civil Code Section § 1798.83 permits users of the Website/App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to email@example.com.
Access By Children
The Website/App is not directed toward children under 13 years of age. The Company does not knowingly collect or solicit information from anyone under the age of 13. If you are under the age of 13, please do not send us any information about yourself, personally identifiable or otherwise. It is possible, either through fraud or deception, that we will collect information from someone under 13. In this event, we will delete this information as soon as possible once the fraud or deception is discovered.
Our Policy may change at any time. It is our policy to post any changes we make to this Policy on this page, and also display the revised Policy on the landing page when you next access the Website/App. You will have to check off an “I Agree” checkbox in order to proceed with using the Website/App. We recommend that you read through the Policy in the pop-up in order to keep apprised of the specific changes, because by continuing to use the services after that notice, you are agreeing to abide by the terms of the updated Policy. The date the Policy was last revised is identified at the top of the page.
You agree to comply with all applicable laws and regulations regarding your use of the Website/App. The Website/App is not designed for use by anyone younger than 13 years of age. By using the Website/App, you are representing that you are at least 18 years of age, or that you are at least 13 years of age and have permission to access and use the Website/App from your parents or legal guardians. If you do not meet these requirements, you must not access or use the Website/App.
The Company reserves the right to change these Terms at any time. The Company will post a notice on the front page of the Website/App directing you to the revised document to notify you that these Terms have been revised. You will be asked to manifest your assent by checking the “I Agree” box before being permitted to continue using the Website/App. The revised terms are binding on you once you manifest assent.
Changes to the Website/App
Although we strive to present correct and up-to-date information, the Website/App may contain some mistakes, omissions, or incorrect information. We have the right, but not the obligation to supplement, change or update the content of the Website/App at any time.
Termination of Services or Deleting Content
The Company reserves the right at any time and without prior notice to terminate some or all of the Website/App’s services, features, or the products or services offered. The Company also reserves the right to terminate your access and use of the Website/App’s services or features. If the Company terminates your access to a for-pay section, you are entitled to an appropriate refund of funds already paid to the Company.
- Remove any User Content (defined below) that the Company receives notice may be infringing on a third-party’s copyright (see DMCA Notice and Takedown Procedure section below) or for any or no reason at our sole discretion;
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website/App;
- Terminate or suspend your access to all or part of the Website/App for any violation of these Terms or for any other reason at our sole discretion.
DMCA Notice and Takedown Procedure
The Company will not seek to discover or confirm if User Content posted to the site infringes any third-party copyrights. If you believe that any User Content infringes upon your copyright, it is your obligation to notify the Company of this potential infringement, through the takedown form available on the Website/App. Once the Company receives a takedown notice, the Company will act expeditiously to remove or block access to the offending material. If a user is a repeat infringer, the Company may terminate the user’s access and use of the Website/App. If you posted content that is accused of infringing a third–party copyright, and you disagree that the content is infringing, you may contact Why.Fit to reinstate the content. Why.Fit reserves the right to ask both parties to present evidence of whether the content is infringing or not infringing, and will make a judgment on whether to remove the content accordingly.
Access to the Website/App and Account Security
Your user name, password, and any other information related to your ability to access to the Website/App must be kept confidential by you, and you must not disclose this information to any other person or entity. You acknowledge that your account is personal to you and you will not allow it to be used by any other person or for any unauthorized purpose. You agree to notify us immediately of any unauthorized access to or use of your user name or password, or of any other breach of security of which you are aware. You further agree that you will use care to exit from your account at the end of each session. If accessing your account from a public or shared computer, you should use particular caution so that others are not able to obtain your user name, password, or other confidential account details.
We reserve the right to disable your user name or password at any time if, in our opinion, you have violated any provision of these Terms.
You may use the Website/App only for lawful purposes and in accordance with these Terms. You agree not to use the Website/App:
- In any way that violates any applicable federal, state, local, or international law or regulation;
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website/App, or which, as determined by us, may harm the Company or users of the Website/App or expose them to liability;
Additionally, you agree not to:
- Use the Website/App in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website/App, including their ability to engage in real time activities through the Website/App;
- Use any robot, spider, or other automatic device, process, or means to access the Website/App for any purpose, including monitoring or copying any of the material on the Website/App;
- Use any manual process to monitor or copy any of the material on the Website/App or for any other unauthorized purpose without our prior written consent;
- Use any device, software, or routine that interferes with the proper working of the Website/App.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website/App, the server on which the Website/App is stored, or any server, computer, or database connected to the Website/App;
- Attack the Website/App via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website/App.
The text, images, photographs, graphics, videos, logos, illustrations, descriptions, data, pages, scripts, service names, and other material on the Website/App, including trademarks and service marks not owned by the Company, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the "Content". The Content is provided for informational purposes only.
You may view and use the Content for your personal information and for no other purpose. The Company does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content.
The Website/App allows you to post content, including, but not limited to, photos, workout plans, meal plans, and other materials. Anything that you post or make otherwise available on the Website/App is “User Content”. User Content is non-confidential and non-proprietary, and may be used by the Company for any purpose without further permission, consent, payment, or other consideration, unless prohibited by law.
Any User Content must not:
- Contain any material that is defamatory, obscene, offensive, hateful, or otherwise objectionable;
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case;
- Promote sexually explicit or pornographic material, violence, or discrimination on and basis;
- Promote any illegal activity, or advocate, promote, or assist any unlawful act;
- Be likely to deceive any person;
Intellectual Property Rights
The Website/App, its Content, features, and functionality are owned by the Company or its third-party licensors, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Company’s intellectual property may not be used without our written permission. All Content that appears on the Website/App is the property of either the Company or a third-party owner, who may or may not be affiliated with, connected to, or sponsored by the Company.
Links from the Website/App
If the Website/App contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Website/Apps linked to this Website/App, you do so entirely at your own risk and subject to the terms and conditions of use for such Website/Apps.
Limitation of Liability
The Company provides the Website/App, and all content, “as is” without warranty of any kind, whether express or implied.
THE COMPANY SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE.
YOU WAIVE AND HOLD HARMLESS THE COMPANY, ITS EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS FROM ANY DAMAGES, LOSSES, OR CLAIMS, EVEN IF FORESEEABLE, RESULTING FROM i) ANY ACTION TAKEN BY THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, FACT INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES; ii) YOUR USE, OR INABILITY TO USE THE Website/App, ANY Website/AppS LINKED TO IT, OR ANY CONTENT ON THE Website/App.
THE COMPANY, ITS EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, PERSONAL INJURY AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES FOR ANY CAUSE OF ACTION EXCEED $650.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website/App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE Website/App OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE Website/App OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY Website/App LINKED TO IT.
You agree to defend, indemnify, and hold harmless the Company and its respective officers, directors, employees, agents, licensors, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorney’s fees) arising out of or relating to your violation of these Terms or your unauthorized use of the Website/App, including, but not limited to, issues relating to your User Content, any use of the Website/App’s content and services other than as expressly authorized in these Terms, or your use of any information obtained from the Website/App.
Governing Law and Jurisdiction
All matters relating to the Website/App and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Pennsylvania or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website/App shall be instituted exclusively in the federal and state courts of the Commonwealth of Pennsylvania. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Your Comments and Contact Information
The Website/App is operated by ULA Solutions LLC, located at 242 N 22nd St, Philadelphia, PA, 19103. The Website/App is offered and operated for your benefit, and as such we welcome your comments or concerns relating to its operation. All feedback, comments, requests for technical support, and other communications relating to the Website/App should be directed to: firstname.lastname@example.org.