If you believe that any material contained in this Site infringes your copyright, you should notify FC TRAINING GROUNDS, LLC of your copyright infringement claim in accordance with the following procedure. FC TRAINING GROUNDS, LLC will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site’s Designated Agent who is: Legal Department, FC TRAINING GROUNDS, LLC, 8442 Lee Highway Suite A-B, Fairfax, VA 22031, or e-mail: email@example.com.
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. 512(c)(3)): 1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; 4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; 5. A statement that the complaining party has 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; 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
E-mails sent with subject ‘DMCA” to firstname.lastname@example.org for purposes other than communication about copyright claims may not be acknowledged or responded to.
If your content has been removed from the Site in response to FC TRAINING GROUNDS, LLC’s receipt of a DMCA Notification as outlined above, and you believe the removal was inappropriate, you may submit a DMCA Counter-Notification by contacting FC TRAINING GROUNDS, LLC at:
FC TRAINING GROUNDS, LLC
Attn: Legal Department
8442 Lee Highway Suite A-B,
Fairfax, VA 22031
Please include the following information:
Your name, address, telephone number and email address;
A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district for which jurisdiction for FC TRAINING GROUNDS, LLC would be appropriate, and that you will accept service of process from the person who submitted the DMCA notification or an agent of such person;
A description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
Your written or electronic signature attesting to the above.
DISCLAIMER OF LIABILITY AND WARRANTIES
While FC TRAINING GROUNDS, LLC does its best to ensure the optimal performance of the Site, you agree that you use this Site and rely on material contained in this Site at your own risk. To the maximum extent permitted by law, the Site, and all materials in this Site, are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that FC TRAINING GROUNDS, LLC DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error free or reliable. You acknowledge that FC TRAINING GROUNDS, LLC, its parents and affiliates together with their respective shareholders, members, directors, officers, and our and their employees, representatives, and agents, ARE NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.
You acknowledge that FC TRAINING GROUNDS, LLC is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person.
You acknowledge that FC TRAINING GROUNDS, LLC is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Site.
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, OUR PARENTS, SUBSIDIARIES, AFFILIATES, OR OUR OR THEIR SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE OR ANY OTHER CONDUCT).
OUR LIABILITY, AND THE LIABILITY OF OUR PARENTS, SUBSIDIARIES, AFFILIATES, AND OUR OR THEIR SHAREHOLDERS, MEMBERS. OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $50. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THIS SITE BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.
You agree to defend, indemnify and hold harmless FC TRAINING GROUNDS, LLC, its parents and affiliates, together with their respective shareholders, members, officers, directors, franchisees, employees, and agents, from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of your use of this Site; your failure to use the Site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
RESOLUTION OF DISPUTES
In the event a dispute arises between you and FC TRAINING GROUNDS, LLC, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and FC TRAINING GROUNDS, LLC agree that any claim or controversy at law or equity that arises out of this Agreement or our services (“Claims”) shall be resolved in accordance with the provisions below or as otherwise mutually agreed upon in writing by the parties. Before resorting to formal proceedings, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
All disputes which cannot be resolved informally between the parties, and causes of action arising out of or connected with the Site, must be submitted to binding arbitration and decided on an individual basis, without the right for any claims to be pursued or decided as a class, consolidated, collective or representative action. The arbitration shall be conducted exclusively in Fairfax, Virginia, on a confidential basis pursuant to the Federal Arbitration Act. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. An award of arbitration may be confirmed in a court of competent jurisdiction.
You agree that this Agreement and all incorporated agreements may be automatically assigned by FC TRAINING GROUNDS, LLC in our sole discretion, Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
The services hereunder are offered by FC Training Grounds, LLC, located at 8442 Lee Highway Suite A-B, Fairfax, VA 22031.
COPYRIGHTS (C) / TRADEMARKS (™)
(C) 2017 FC TRAINING GROUNDS, LLC. All trademarks are owned by FC TRAINING GROUNDS, LLC or are used under license. All rights reserved. All materials contained in FC TRAINING GROUNDS, LLC’s web sites are protected by copyright and trademark and shall not be used for any purpose whatsoever other than private, non-commercial viewing purposes. Reproduction, duplication, distribution, derivative works, and other unauthorized copying or use of stills, audio, video footage, or any other materials contained herein are expressly prohibited.
Certain activities provided via the website may be covered by U.S. Patent 5,930,474
1. Types of Information Collected
1.1 “Personal Information” is information that personally identifies you. When you register for a FC Training Grounds, LLC membership, visit FC Training Grounds, LLC Clubs, use our Services, contact us directly, or interact with us on social media, you may provide us with certain Personal Information including your name, date of birth, gender, e-mail address, social media handles, phone number, and your physical address. For more information on how we use and share your Sensitive Personal Information, please see Section 3.2 (“On-Site Business Partners”) below.
1.2 “Account Information” is information that we collect in connection with your FC Training Grounds, LLC membership account. The types of Account Information we collect may include the type of membership, billing method, effective dates of your membership, username and password (“Membership Information), and information in connection with the use of our Services, such as records of the products and services purchased, personal preferences such as favorite programs and classes, and notations made to your account in connection with a customer service communications between you to FC Training Grounds, LLC.
1.3 “Financial Information” is information we collect to process payments from you, such as a credit card number and/or other related information that may be required from you to complete your purchase. We do not store or retain any of your Financial Information, except for the last four digits of your credit card. For more information on how your Financial Information is used and shared in these instances, please see Section 3.3 (“Payment Processors”) below.
1.4 “Traffic Data” is information that your browser sends whenever you visit or use the Website or the App, as well as any other generic user information through the use of commonly-used information-gathering tools, such as cookies and web beacons. Traffic Data may also include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the type of mobile phone you are using to access our Services, the operating software and firmware used by your mobile phone, the pages of the Platform that you visit, the time and date of your visit, the time spent on those pages and other data generated from cookies (see Section 4 Cookies below for more information).
2. Legal Basis, Use and Retention of Information
2.1 Use of Information Collected
We use your Personal Information for our legitimate business interest in operating and improving our business and services, including to: provide our services, products, and other offerings to you; establish, manage and administer your membership and account with us; personalize and improve your membership experience; respond to requests and enquiries from you or a third party; optimize our website and customer experience; provide customer support; inform you about our products and services; and ensure that our operations are conducted in an appropriate and efficient manner.
We may also use your Personal Information to perform analytics with your consent (including market research, trend analysis, and financial analysis).
We may also use your Personal Information to protect against and prevent safety and security issues, fraud and other criminal activity, claims and other liabilities, and to comply with and enforce applicable legal requirements, relevant industry standards, and our policies and terms.
We may also use your Personal Information to send important notices, such as communications about your membership and changes to our policies. Because this information is important to your interaction with FC Training Grounds, LLC, you may not opt out of receiving these communications.
We collect Account Information for the purpose of providing and improving the Services, responding to your requests/inquiries, servicing your account, and communicating about your membership account.
We collect Financial Information for the purpose of processing payment for products or services purchased.
We may link or combine the personally identifiable information we collect and/or receive about you with non-personally identifiable information we collect or receive about you, such as the Traffic Data we collect automatically during your visit to our website or use of certain of our Services. This allows us to provide you with a personalized experience and helps us to continually work to improve our Services. If we do combine non-personally identifiable information with personally identifiable information, the combined information will be treated as personally identifiable information for as long as it remains combined.
2.2 Retention Policy
We will only retain your personally identifiable data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of our legitimate business interests that have been accessed and satisfy any legal or reporting requirements. For clarity, we retain all information collected for so long as you have a membership account with us, so that we can service your membership efficiently. Should you request to deactivate your membership account or for us to erase your personally identifiable data, subject to our 30-day retention period for back-ups, we will cease to retain all personally identifiable information you have provided. However, retention periods may be extended if we are required to preserve your information or data because of litigation, investigations and other similar proceedings, or if a longer retention period is required or permitted by applicable law.
3. Third Party Data Processors and Service Providers
3.1 Business Affiliates
3.2 On-Site Business Partners
For your convenience, FC Training Grounds, LLC Clubs may contain products or services provided by third party operators, including fitness equipment and fitness trainers. Third party operators operate independently from us, and the privacy practices of the relevant third parties, including details on the information they may collect about you, are subject to the privacy policies of those third-parties, which we strongly encourage you to review, as their practices may differ from ours.
3.3 Payment Processors
When you make a payment for the Services, we process your payments via a third party payment processor. In these instances, the third party payment processor may collect certain Financial Information from you to process a payment on behalf of FC Training Grounds, LLC, including your name, email address, address and other billing information in which case the use and storage of your Financial Information is governed by the third party payment processor’s terms, conditions and privacy policies.
FC Training Grounds, LLC engages certain third parties that may process data submitted to FC Training Grounds, LLC to perform certain business-related functions and to increase the functionality of our Services. Third party companies provide various other services to us, such as monitoring and analyzing how our Services are used or performing. When we engage another company to perform such functions, we may provide them with information, including Personal Information, Account Information and Traffic Data in connection with their performance of such functions. These third parties may analyze the data we provide, combine that data with publicly available data, and provide us with access to their analysis and reports.
We do not display the identities of all of our third-party data processors and service providers publicly by name for security and competitive reasons. If you would like further information about the identities of our third-party data processors and service providers, please contact us as provided in Section 13 Contact Us below.
To the extent these third parties have access to any of your data, and especially your Personal Information or a combination of data that is deemed to be personally identifiable, please know that they are contractually (i) limited to only use this data to perform specific tasks on our behalf and (ii) obligated not to disclose or use your information for any other purpose.
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If you do not accept cookies, you may not be able to use some features of our Service and we recommend that you leave them turned on.
We use the following types of cookies (collectively, “Cookie Data”):
“Essential Cookies” are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. Because of their essential nature, you cannot opt out of these cookies.