TERMS OF USE AND PRIVACY POLICY

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Privacy Policy

Scope of Policy and Consent

This Privacy Policy (“Privacy Policy”) describes the privacy practices of RayFit, Inc., its subsidiaries, related companies, and parent companies (collectively, “RayFit”) operating in connection with the BodyBuRn by Ray website and the applications designed for download and use on mobile devices (collectively, “Digital Properties”). By using the Digital Properties, and the features and services made available through the Digital Properties, you are acknowledging that you have read, understand and agreed to the terms and conditions of this Privacy Policy and the RayFit Terms of Use and expressly consent to our collection, use and disclosure of your personal information, as described in this Privacy Policy.

We use the personal information collected through the Digital Properties in an effort to fulfill our commitment to offering and providing unparalleled member service. This Privacy Policy is intended to describe the personal information that is collected from users of the Digital Properties and how it is used and disclosed.  We encourage you to read this Privacy Policy and RayFit’s Terms of and Conditions of Use carefully before using their services.  By using the Digital Properties or otherwise providing us with your personal information (including name, address, bank and payment information, and email address), you agree to be bound by the terms of this policy.  

Collection of Personal Information

RayFit receives and may store any personally identifiable information you enter on our Digital Properties or provide to us in any other way (such as your name, street address, telephone number, billing information, credit card or other banking information and email address).

Personally identifiable information will be used by RayFit and its authorized agents only: (1) to process your requests (e.g., process a subscription and/or membership requests, or fulfill your merchandise order); (2) to communicate with you or personalize the Digital Properties based on your stated interests and preferences or make related offers to you; (3) to administer the Digital Properties or serve you when you have questions or problems; and/or (4) as may, in RayFit’s sole judgment, be required by any applicable laws, rules or regulations or the Terms of Use applicable to the Digital Properties or to membership with RayFit.

Personally identifiable information will be shared with third party vendors and shopping service providers to further the purpose for which you provide such information (e.g., to process your subscription request, enrollment registration, or to fully process your merchandise order, including shipping products) or when we believe in good faith that the law requires it, or to protect the rights of RayFit or its affiliates or subscribers.

Third Party Websites and Applications

Security of all personal information is extremely important to us.  RayFit or its third party vendors and shopping service providers may store your personal information and use procedures designed to protect the information we collect from loss, misuse, unauthorized access or disclosure, alteration or destruction. Unfortunately, no data transmission over the internet can ever be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, RayFit cannot ensure or warrant the security of any information you transmit to us.  Any information you transmit to RayFit and its third party vendors and shopping service providers is done at the user’s own risk.

While the Digital Properties may contain links to other websites, products or services, please note that when you click on one of these links, you are 'clicking' away from the Digital Properties and accessing a third party’s website, app or other digital property or service. In addition, certain features of the Digital Properties may enable you to connect the Digital Properties to, or otherwise share your information with other third parties, including shopping service providers and third party vendors (e.g. Mindbody and Spreadshirt).  Any information you transmit to RayFit and its third party vendors and shopping service providers is done at your own risk.  Moreover, by using the Digital Properties, you waive any rights to protection of your personal information.

Please understand that these third parties may collect information about you which will be used under their privacy policies, terms of use, and other applicable terms and conditions. We encourage you to read the privacy polices of these third parties, as their practices may differ from ours.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE FOR THE PRIVACY PRACTICES OR THE COLLECTION OR USE OF YOUR INFORMATION FROM ANY SUCH THIRD PARTIES.

Collection and Usage of Transaction Information

RayFit strives to offer its visitors a secure and safe environment for purchases. Some of the services offered may be operated by third party shopping vendors and shopping service providers.

They collect personally identifiable information necessary to accept, process and ship your ordered merchandise or services on behalf of RayFit to provide you with information you may request and updates on the status of your order, and to assist your purchasing experience. Third party shopping vendors and shopping service providers may collect personally identifiable information from you by “active” means, whereby you actively give them, as agents, information (e.g. name, address, payment information, bank information, credit card information, and email address) when ordering merchandise or services.  Personally identifiable information entered into any of the third party shopping vendors and shopping services are used to complete your transaction.  Any information you transmit to RayFit and its third party shopping vendors and shopping services providers and apps is done at your own risk.

The credit card information you provide is transmitted across the internet from your browser to our third party shopping vendors and shopping services providers’ order processing systems.  Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. Consequently, while our third party shopping vendors and shopping services providers are committed to protecting your personal information, they cannot entirely ensure or warrant the security of any information you transmit to them.  Any credit card or other banking information you transmit to RayFit or any third party shopping vendors and shopping services providers is done at your own risk and.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE FOR THE PRIVACY PRACTICES OR THE COLLECTION OR USE OF YOUR INFORMATION FROM ANY SUCH THIRD PARTIES.

Disclosure of Personal Information

RayFit will not trade, rent, or sell your personal information for purposes other than as those set out herein, except with your consent or as required or permitted by law.

RayFit may disclose your personal information to third party service providers, third party shopping service providers, or agents who provide services to or on behalf of RayFit or its members such as, but not limited to, hosting, data management and storage services, processing companies, purchasing providers, and other purchase processing and assistance agencies. Either RayFit or such third parties may use servers for such purposes located in the United States or another foreign country. Your personal information may be processed and stored in the United States or such other foreign country and the governments, courts, law enforcement and regulatory agencies of that country may be able to demand disclosure of personal information pursuant to the laws of such country.

We do not generally disclose your personal information to third parties without your consent unless required by applicable law. However, there are some situations in which we may disclose your personal information without your consent including, but not limited to:

with current and future parent companies, subsidiaries and affiliated entities of RayFit;

with our third party shopping vendors and shopping services providers, as we deem necessary in connection with the services being provided to us or on our behalf;

in connection with a merger, sale, corporate reorganization or similar business transaction involving RayFit, its parents, subsidiaries, affiliates; or

when we are required or authorized by law to do so (e.g. in response to a subpoena).

We may also share your personal information with third parties to use for their marketing purposes, in accordance with local law, if we think the products or services they offer would be of interest to you.

Access to Your Personal Information

We only collect personal information that you provide to us or that is otherwise provided to us on your behalf. You may choose to provide certain personal information in order to access or use certain features or services of the Digital Properties, such as making a purchase, joining one of our clubs, paying your membership fees (including enrolling in automatic payment plans), scheduling a class, requesting information, filling out an employment application, entering a sweepstakes or otherwise contacting us. Such information may include your name, phone number, e-mail address, mailing address, credit card or other banking and payment information, or other information. You can always choose not to provide this information.

By providing your personal information to us, you are authorizing us to collect, use and disclose such information in the manner outlined in this policy. Unless we advise otherwise, your information will only be used for the purposes for which it was provided or in order to contact you regarding related matters. We limit the information we collect to what we feel is necessary for those purposes. 

RayFit may collect information that is sent to us automatically by your web browser. The information we receive depends upon your browser’s settings. This information typically includes your computer’s IP address, the name of the operating system installed on your computer, the name and version of the browser you are using and the date and time of your visit. If criminal activity is suspected, we might need to share certain information with the appropriate investigative authorities. Such information may contain visitors’ IP addresses and other personal or private information which could be used to trace and identify individuals.

So-called “cookies” and other similar technologies may be used on the Digital Properties and by third parties to collect information over time and across third party websites, to support the Digital Properties’ functionality and to improve user experience. You have the ability to set your browser to reject cookies. However, if you set your browser to reject cookies, it may affect or limit the use of certain features and functionality of the Digital Properties.

Security

Security for all personal information is extremely important to us.  Unfortunately, no data transmission over the internet can ever be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, RayFit cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. When you enter sensitive information (such as credit card numbers or other banking or financial information) in our Digital Properties, you are transmitting that information to us and any third party vendors and shopping service providers at your own risk. No computer system of information can ever be fully protected against every possible hazard.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE FOR THE PRIVACY PRACTICES OR THE COLLECTION OR USE OF YOUR INFORMATION FROM ANY SUCH THIRD PARTIES AND FOR YOU VOLUNTARY DISSEMINATION OF THIS INVOMATION TO US.

Use of RayFit Website and Applications by Minors

The Digital Properties are intended for use by individuals that are at least 18 years old. If you are less than 18 years old, you may not use the Digital Properties without the prior permission and supervision of your legal guardians.

Terms of Use

Your use of the Digital Properties concerning any issues relating to this policy are subject to RayFit’s then-current Terms of Use, which are located on our website. 

Updates to this Policy

We reserve the right to update or modify this policy at any time and from time to time without prior notice by posting a revised version of the policy. If we change this Privacy Policy, we will post the revised document here, and such changes will be effective immediately upon that posting. Your continued use of the Digital Properties constitutes your acceptance of such changes and agreement to be bound by the modified Privacy Policy, and so we recommend that you review this Privacy Policy periodically when accessing or using the Digital Properties.

This Privacy Policy was last updated on: August 30, 2017.

Modification of Your Personal Information

Once you have provided your information to RayFit, we may store and maintain that information indefinitely.  You may modify that information at any time by updating it on any of the Digital Properties or by contacting RayFit directly.

Contact Information

If you have any questions or concerns about our privacy practices, please feel free to contact RayFit at the address listed below:

RayFit, Inc.

4 Church Street

Belmont, MA 02478



Terms and Conditions of Use Policy

Terms and Conditions of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the RayFit, Inc. website located at bodyburnbyray.com and all associated RayFit, Inc. brand websites and applications including RayFit, Inc. subsidiaries or related companies and affiliates (collectively, the “Digital Properties”). The website and all associated applications are the property of RayFit Inc., a Massachusetts Corporation (hereinafter “RayFit”). Please read these Terms of Use carefully. BY USING THE DIGITAL PROPERTIES, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS OF USE, WHICH FORM A LEGALLY BINDING AGREEMENT.  IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE DIGITAL PROPERTIES. The Digital Properties are intended to be used solely by individuals over the age of 18.

Submissions

You may choose to submit information to RayFit through our Digital Properties for various reasons, such as to become RayFit member, make a purchase of a product or service, or schedule attendance at a class. By submitting information to RayFit through any of its Digital Properties, you are authorizing us to utilize this information for the purpose for which it was submitted and for such other purposes as set out in our Privacy Policy.  No data transmission over the internet can ever be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, RayFit cannot ensure or warrant the security of any information you transmit to us.  Any information you transmit to RayFit, an affiliate, or any of its third party vendors and shopping service providers (including Mindbody and Spreadshirt) through Digital Properties is done at your own risk.

Privacy Policy

By agreeing to these Terms of Use as outlined above, you agree to the terms of our Privacy Policy, which is incorporated herein by reference. Before using the Digital Properties, please read through the Terms of Use and Privacy Policy carefully. All personal information provided to us as a result of your use of the Digital Properties will be handled in accordance with our Privacy Policy. 

Termination

RayFit reserves the right to immediately terminate your use of, or access to, the Digital Properties at any time for any reason in its sole discretion. RayFit further reserves the right to modify or discontinue the Digital Properties or any portion thereof at any time without notice. 

Third Party Sites

For your convenience, the Digital Properties may contain links to websites, downloadable apps, or other digital properties, products or services of other persons or entities, including (without limitation) social media networks, third party vendors, and shopping service providers.  When you click on one of these links, you are leaving the Digital Properties and accessing a third party site over which RayFit has no control. Your rights and obligations when accessing and using these third party sites are not governed by these Terms of Use (or our Privacy Policy) and will instead be governed by the terms and policies of those sites.  We encourage you to carefully read those terms and policies as their practices may differ from ours. 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RAYFIT MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THIRD PARTY SITES AND HAS NO RESPONSIBILITY FOR SUCH THIRD PARTY SITES OR THE CONTENTS, FEATURES OR OPERATION OF SUCH THIRD PARTY SITES. YOU ACKNOWLEDGE AND AGREE THAT YOUR DECISION TO ACCESS AND USE ANY THIRD-PARTY SITE IS AT YOUR SOLE RISK, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RAYFIT WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF OR RELIANCE ON ANY THIRD PARTY SITES.

Disclaimer of Warranties

While we endeavor to provide the best digital experience we can, we cannot and do not guarantee that the Digital Properties or any portion thereof will always be fully-functional, current or accurate. For up-to-date information on club hours, class schedule changes, contact information and any other information regarding any RayFit club or service, its operations, programs, and/or offerings, please contact the relevant RayFit location.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE DIGITAL PROPERTIES IS AT YOUR SOLE RISK, AND THAT THE DIGITAL PROPERTIES OR ITS CONTENTS OR ANY GOODS OR SERVICES SOLD THROUGH THE DIGITAL PROPERTIES, ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS.

RAYFIT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE, ANY GOODS OR SERVICES SOLD THROUGH THIS SITE, AND ANY SITE WITH WHICH THIS SITE MAY BE LINKED. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS OR E-MAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS SITE, OR ANY SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR PARENT, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, THIRD PARTY VENDORS, THIRD PARTY SHOPPING SERVICE PROVIDERS, AND SUPPLIERS SHALL HAVE THE BENEFIT OF THIS CLAUSE. 

Health Disclaimer

RayFit is not a health care or medical provider. The Digital Properties and the features, functionalities, services and content made available by RayFit, including without limitation any advice, information, workouts, exercises, courses, classes, instructions, regimens, nutritional plans, recipes or other materials, are provided for general informational purposes only, and do not constitute medical advice. They are not intended to be relied upon for determining the state of your health or in the diagnosis of any medical conditions and are not, and should not be used as a substitute for a professional medical evaluation. We advise you to see your physician on a regular basis and to seek their advice prior to engaging in any fitness or nutrition regimen or if you have any questions or concerns regarding your health and fitness regimen or for the diagnosis of specific medical conditions.

RayFit is not liable or responsible for any consequences of you having read, used or relied upon any of the Digital Properties and the features, functionalities, services and content made available by RayFit, including without limitation any advice, information, workouts, exercises, courses, classes, instructions, regimens, nutritional plans, recipes or other materials. By using these exercises and information, you acknowledge and understand that it may involve or provide information regarding strength, flexibility, aerobic, cardio, meditation, regeneration or other exercises, all of which can be potentially hazardous activities. You should consult with your doctor prior to using any service offered by RayFit. If you choose to use any service offered by RayFit, you should be in good health and have no disability, impairment, injury, disease or ailment preventing you from engaging in active or passive exercise or which would cause increased risk or injury or adverse health consequences as a result, and you hereby assume all risks associated with using such Fitness Features. IF YOU EXPERIENCE ANY PAIN, DIFFICULTY, DIZZINESS, ILLNESS, OR DISCOMFORT, WHEN USING ANY FITNESS FEATURE, STOP AND CONSULT YOUR PHYSICIAN OR SEEK EMERGENCY MEDICAL ATTENTION IMMEDIATELY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RAYFIT MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICES AND PRODUCTS IT PROVIDES AND IS NOT RESPONSIBLE FOR YOUR USE OF OR RELIANCE ON ANY SERVICES AND PRODUCTS. YOU ACKNOWLEDGE AND AGREE THAT YOUR DECISION TO RELY ON AND/OR USE ANY SERVICES AND PRODUCTS IS AT YOUR SOLE RISK, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RAYFIT WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY AND DEATH, ARISING OUT OF OR IN CONNECTION WITH YOUR RELIANCE ON OR USE OF ANY SERVICES OR PRODUCTS PROVIDED BY RAYFIT.

Limitations of Liability

You agree that, to the maximum extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Digital Properties is to stop using and, where applicable, uninstall the Digital Properties.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL RAYFIT, ITS PARENTS, SUBSIDIARIES OR OTHER AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, AGENTS, SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION FOR LOSS OF USE, LOST DATA, LOST BUSINESS OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE DIGITAL PROPERTIES, OR THESE TERMS.

Dispute Resolution

This Terms of Use agreement is governed by, and construed in accordance with, the laws of the State of Massachusetts, without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the State of Massachusetts or, if appropriate, the United States District Court for the State of Massachusetts for resolution of any dispute, action or proceeding arising in connection with this Terms of Use agreement or your use of the Digital Properties, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.

In the event of any controversy or claim arising out of or relating to these Terms of Use, the parties shall first attempt, promptly and in good faith, to resolve any such dispute informally between them. If the parties are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to binding individual arbitration pursuant to the then current expedited procedures of the commercial arbitration rules of the American Arbitration Association.

Class Action Waiver

By using the Digital Properties, you agree that the arbitration of any dispute shall be conducted on an individual, not a class-wide basis, and that no such arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving RayFit or any other person. You further agree that you, and anyone asserting a claim through you, will not be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against RayFit. We and you agree that the arbitrator of any dispute between us may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action, representative action, consolidated action or private attorney general action).

If the foregoing class action waiver or any portion thereof is found to be invalid, illegal, unenforceable, unconscionable, void or voidable, then the Arbitration Agreement will be unenforceable, and the dispute will be decided by a court. Any claim that all or part of the Class Action Waiver is invalid, illegal, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

Indemnification

You agree to defend, indemnify and hold RayFit harmless from and against any claims, liabilities, losses, damages, costs and expenses (including without limitation reasonable attorneys' fees), arising out of or in connection with: (1) your access to and/or use of the Digital Properties or any portion thereof; (2) your Comments or Unsolicited Ideas; (3) your failure to comply with these Terms or with any applicable law, rule or regulation; (4) your infringement, misappropriation or violation of the Digital Properties or Content or of any third party’s intellectual property right; or (5) any activity occurring by or through your account, whether taken by you or another person accessing or using your account, with or without authorization. RayFit will use reasonable efforts to notify you of any claim, action or proceeding subject to the foregoing paragraph once it becomes aware of it, but any failure to provide you with notice shall not limit your indemnification obligations unless you can establish actual prejudice resulted from such failure. RayFit reserves the right, at your sole expense, to assume the exclusive defense and control of any claim, action or proceeding for which you are required to provide indemnification, and you agree to cooperate with our defense of these claims. You may not settle any claims, actions or proceedings for which you are required to provide indemnification, without RayFit’s prior written consent.  This provision excludes indemnification for the sole negligence of RayFit.