The Outbreak EULA

Terms of Service and Privacy Policy

By using the The Outbreak Challenge, a service of Fitness Interactive Experience, Inc., you have understood and accepted the terms and conditions (“Terms of Use”).

Basic Terms

1. The services offered by The Outbreak Challenge are available to individuals aged 13 and older. If you are under the age of 13 you may only use Fitness Interactive Experience’s products and services in conjunction with your parents or guardians.
2. You are responsible for any activity that occurs under your user account.
3. You are responsible for keeping your password secure.
4. You must not abuse, harass, threaten, impersonate or intimidate other users.
5. You may not use the service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
6. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links (“Content”) that you submit, post, and display on the utilifit.com service.
7. You must not copy, create a derivative work of, reverse engineer, or hack nor modify another web site or APP to falsely imply that it is associated with The Outbreak Challenge.
8. You must not upload, post, email, transmit, forward, provide links to, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation to any users.
9. You must not interfere with or disrupt The Outbreak Challenge or servers or networks connected to The Outbreak Challenge such as the transmission of worms, viruses, or any code of a destructive nature.
10. You must not, in using these services, intentionally or unintentionally violate any applicable local, state, national, or international law.
11. Accepting this agreement, you hereby represent and warrant that you have consulted with your physician and are of sound physical condition to participate in the activities promoted on The Outbreak Challenge APP. Under no circumstances should you attempt an activity that you are not physically capable of doing.

Violation of any of these agreements will result in the termination of your account. While The Outbreak Challenge prohibits such conduct and content on its APPS, you understand and agree that Fitness Interactive Experience, Inc. cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the service at your own risk.

General Conditions

1. We reserve the right to modify or terminate the service for any reason, without notice at any time.
2. Fitness Interactive Experience, Inc. reserves the right to change or modify these Terms of User at any time, in its sole discretion, by posting changes at theoutbreakchallenge.com (or such other URL that Fitness Interactive Experience, Inc. may provide from time to time). Your continued use of any part of the service following the posting of such changes or modifications will constitute your acceptance of such changes or modifications. What constitutes a “material change” will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.
3. We reserve the right to refuse service to anyone for any reason at any time.
4. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
5. FIX agrees not to use or disclose to third parties data gathered in the health, fitness, and medical research context—including from the HealthKit API, Motion and Fitness, or health-related human subject research—for advertising or other use-based data mining purposes other than improving health management, or for the purpose of health research, which may include aggregating users’ data in an anonymous fashion and deriving aggregated insights, and then only with permission, which you hereby grant.
6. Fitness Interactive Experience will not store personal health information on it’s servers.
6.1 Fitness Interactive Experience will store steps, mets, PAI and user tracked nutrition choices on it’s servers.
7. You agree to indemnify, defend and hold harmless Fitness Interactive Experience, Inc., its employees, officers and directors, or users from and against any and all claims, liabilities, penalties, settlements, judgments and fees arising from (i) any content that you or anyone using your account may submit or access in the course of using utilifit.com; (ii) your use of, or inability to use, utilifit.com (iii) your violation of the Terms of Use; and (iv) any violation or failure by you to comply with all laws and regulations in connection with your use of utilifit.com.
8. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.

You agree not to use The Outbreak Challenge to:

1. upload, post, email, transmit, forward, provide links to, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
2. upload, post, email, transmit, forward, provide links to, store or otherwise make available any material that infringes copyrighted material or promotes the violation of the intellectual property rights of others, including but not limited to trademark and patent violations;
3. copy, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of, or modify the Services in any manner;
4. upload, post, email, transmit, forward, provide links to, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
5. impersonate any person or entity, including, but not limited to, Fitness Interactive Experience, Inc. officials, or falsely state or otherwise misrepresent your affiliation with a person or entity;
6. upload, post, email, transmit, forward, provide links to, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of utilifit.com;
7. disobey any requirements, procedures or policies or regulations connected to utilifit.com;
Copyright

1. We claim no intellectual property rights over the material you provide to the APP. Your profile and materials uploaded remain yours. You can remove your profile at any time by deleting your account. This will also remove any text and images you have stored in the system.
2. We encourage users to contribute their creations to the public domain or consider progressive licensing terms.
3. Fitness Interactive Experience, Inc. undertakes to obey all relevant copyright laws. We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:
1. A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
2. A description of the copyrighted work claimed to have been infringed;
3. A description of the infringing material and information reasonably sufficient to permit Fitness Interactive Experience, Inc. to locate the material such as a web URL;
4. Your contact information, including your address, telephone number, and email;
5. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.

Claims of copyright or other intellectual property infringement can be sent to Fitness Interactive Experience, Inc.’s Copyright Agent, at info@fix-fit.com

Privacy Policy
This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally Identifiable Information’ (PII) is being used online. PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

What personal information do we collect from the people that visit our blog, website or app?

When registering on our site, as appropriate, you may be asked to enter your name, email address, phone number or other details to help you with your experience.

When ordering on our site, as appropriate, you may be asked to enter your name, email address, phone number, credit card information and or other details to help you with your experience.

When starting a challenge through our site you have the option of entering email addresses to be invited to your challenge.

When submitting an inquiry through our site or email we gather your submitted information to support your inquiry.

When submitting an email address for our newsletter subscription and special promotions we add it to a third party newsletter subscription newsletter subscription platform.

When registering in our app, as appropriate, you may be asked to enter your name, email address, and connect a step tracking device or other details to help you with your experience.

When using our app we gather step and exercise information from your connected device.

When do we collect information?
We collect information from you when you fill out a form or enter information on our site or app.

We collect step and exercise information from your connected step tracking device when you log into our app, during use of the app and when you request and update through the app.

How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

To send periodic emails regarding your order.

To follow up with you after correspondence (live chat, email, phone, web or app inquiries).

Send Newsletter and special promotions (only if you opted in).

Send periodic updates and notifications related to your challenge and service experience.

Add steps and power to your game avatar.

Credit card and other payment information is submitted directly to third party payment processors and is never stored or process by FIX Health.

How do we protect your information?
Your personal information is contained behind secured networks provided by third party hosting services and software as a service providers, It is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.

We implement a variety of security measures when a user enters, submits, or accesses their information to maintain the safety of your personal information.

All credit card transactions are processed through a gateway provider and are not stored or processed on our servers.
Data retention

We generally retain data for 9 months after your last contact with us, unless otherwise requested or required by law.

Email addresses that subscribe to newsletter and or special offers are retained until an unsubscribe request is made.

Requests can be made for personal data removal/erasure to support@fix-fit.com all effort will be made to comply and respond within 30 days.

Data Incidents:
Notification. If FIX Health becomes aware of a Data Incident, Fix Health will notify customer promptly and without undue delay. Notification will describe to the extent possible details of the Data Incident.

Third Party Notifications. Customer solely responsible for fulfilling any third party notification obligation.

No Acknowledgment of Fault by FIX Health. FIX’s notification of or response to Data Incident does not construe an acknowledgment of any fault or liability with respect to the Data Incident.

Do we use ‘cookies’?
Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
We use cookies to:

• Keep track of advertisements.
• Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies.
If you turn cookies off, It won’t affect the user’s experience .

Third-party disclosure
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it’s release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Third-party links
We do not include or offer third-party products or services on our website.

Google
Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
We use Google AdSense Advertising on our website.
Google, as a third-party vendor, uses cookies to serve ads on our site. Google’s use of the DART cookie enables it to serve ads to our users based on previous visits to our site and other sites on the Internet. Users may opt-out of the use of the DART cookie by visiting the Google Ad and Content Network privacy policy.

We have implemented the following:
• Remarketing with Google AdSense
• Google Display Network Impression Reporting
• Demographics and Interests Reporting

We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.

This website uses the Google AdWords Remarketing Service
This website uses the Google AdWords remarketing service to advertise on third party websites (including Google) to previous visitors to our site. It could mean that we advertise to previous visitors who haven’t completed a task on our site, for example using the contact form to make an inquiry. This could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network. Third-party vendors, including Google, use cookies to serve ads based on someone’s past visits to the A Step Ahead website. Of course, any data collected will be used in accordance with our own privacy policy and Google’s privacy policy.

You can set preferences for how Google advertises to you using the Google Ad Preferences page, and if you want to you can opt out of interest-based advertising entirely by cookie settings or permanently using a browser plugin.

Opting out:
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.

California Online Privacy Protection Act
CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

According to CalOPPA, we agree to the following:
Users can visit our site anonymously.
Once this privacy policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our website.

Our Privacy Policy link includes the word ‘Privacy’ and can easily be found on the page specified above.
You will be notified of any Privacy Policy changes:
• On our Privacy Policy Page
Can change your personal information:
• By emailing us

Does our site allow third-party behavioral tracking?
It’s also important to note that we allow third-party behavioral tracking

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.

Do we let third-parties, including ad networks or plug-ins collect PII from children under 13?
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify you via email
• Within 7 business days
We will notify the users via in-site notification
• Within 7 business days

We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

This policy was last modified on April 26, 2018

Contacting Us
If there are any questions regarding this privacy policy you may contact us at:
Fitness Interactive Experience
828 Ralph McGill Blvd
Suite 112
Atlanta, GA 30306