YOO Privacy Policy

YOO Fitness, LLC ("YOO," "we", "us," "our,") provides online and mobile services, including but not limited to, the YOO Challenge website ("yoochallenge.com" or the "Site") widgets, computer programs and mobile applications hosted by or on behalf of YOO Fitness, LLC (collectively, the "Service") intended to enhance your use of the personal fitness and body monitoring electronic products offered by YOO Technologies (the "YOO Products"). YOO Fitness, LLC is committed to maintaining the privacy, integrity and security of any personal information about our users. This Privacy Policy ("Policy") explains how we protect personal information we collect in connection with your use of the Service ") and how we use and in some cases disclose that information. “Personal information" for purposes of this Policy means information that identifies you, such as your name, address, phone number, fax number or email address.
This Privacy Policy (this "Policy") is subject to the provisions of our Terms of Use, which are incorporated by reference.

What Personal Information We Collect

Your YOO Products work in conjunction with a user account on the YOO application (a "User Account"). You can alter and correct any personal information created within the Product and Service by logging into your User Account.

When you sign up for a YOO User Account, you are required to provide an email address (which will be used as your login ID) and to create an account password (collectively the "Registration Information").
If you elect to sign up for a YOO User Account using your Facebook credentials, you will be asked to allow YOO to access the basic information (including your name, profile picture, gender, networks, user ID, list of friends and other public information) and certain profile information (such as your birthday) associated with your Facebook account.
In order to benefit fully from the YOO Products and Service, you can also add additional personal details to your User Account, such as height, weight, gender, and age. If you are using our mobile application, these details are required as part of your registration process.
Information sent wirelessly from your YOO Product to the Service is stored in your YOO User Account.
Information that you add manually to the Service is stored in your YOO User Account.
When you elect to share data from your YOO User Account with others, we collect the information you provide about those individuals such as their name and email address.
We collect industry standard log data about the browser and operating system you are using, the address of the external or internal page that referred you, your IP address at the time of account creation and keep a log of the pages that you visit on the Services in association with your IP address. We also collect the IP address associated with the device running the YOO mobile app each time you sync.
We collect location data provided by your mobile device. You must first enable location services when you download the YOO mobile application or an updated version of the app. You can then turn location on and off within the app to activate optional features. You can opt-out of location services at any time.

How We Use Your Personal Information

YOO will not use your personal information for purposes other than those listed in this privacy policy unless we obtain your consent first. YOO uses your personal information to:

Provide you with the Service;
Analyze Site usage and improve the Service;
Deliver to you any administrative notices and communications relevant to your use of the YOO Products and Service;
Provide you with updates regarding YOO Products and Services;
Perform internal market research, project planning, troubleshooting problems, and to detect and protect against error, fraud or other criminal activity;
Enforce the YOO Terms of Use.

Disclosure to Third Parties

YOO+ use and transfer of information received from Google APIs to any other app will adhere to Google API Services User Data Policy, including the Limited Use requirements.

At times YOO may make certain personal information available to strategic partners that work with YOO to provide services to you. For example, if you elect to sync your YOO Product data with a third party nutrition or fitness application, we will share your personal information with that application. In such cases, your account with such third party will continue to be subject to that third party's privacy policy and your YOO User Account will continue to be governed by this Policy.

YOO may also share your personal information with companies who provide services such as information processing, order fulfillment, product delivery, customer data management, customer research and the like. These companies are obligated to protect your information and may be located wherever YOO does business.

We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users or if we are required to do so by any applicable law, rule, regulation, subpoena or other legal process. Additionally, in the event of a reorganization, merger, or sale we may transfer any and all personal information we collect to the relevant third party.

Use of Aggregated Anonymous User Data

YOO may disclose non-personally identifiable aggregated user data, such as aggregated gender, age, height, weight, and usage data gathered from YOO devices (without the inclusion of a user's name or other identifying information) to:

Organizations approved by YOO that conduct consumer research into health and wellness;
Users of the Service for purposes of comparison of their personal health and wellness situation relative to the broader community; and
Advertisers and other third parties for their marketing and promotional purposes.

Cookies and Other Technology

The YOO Site and Service may use "cookies" and other technologies such as pixel tags and web beacons.

Cookies are alphanumeric identifies in the form of text files that are inserted and stored by your Web browser on your computer's hard drive. These technologies tell us which parts of our website you have visited, limit the number of times you see a YOO offer, or help us better determine which YOO offers you may like to see or to alert you to software compatibility issues. They are also used to analyze and improve our Service's design and functionality.

If you choose to delete cookies from your device or block those from being stored on your device, please note that the full functionality of the Service may not be available to you.

"Web beacons" are images embedded in a Web page or email for the purpose of measuring and analyzing Site usage and activity. YOO, or third party service providers acting on our behalf, may use Web beacons to help us analyze Site usage and improve the Service.

We may use third party service providers to help us analyze certain online activities and improve our products and the Service. For example, these service providers may help us measure the performance of our online campaigns or analyze visitor activity on yoochallenge.com. We may permit these service providers to use cookies and other technologies to perform these services for YOO. We do not share any personal information about our customers with these third party service providers, and these service providers do not collect such information on our behalf. Our third party service providers are required to comply fully with this Policy.

We also use the Google Analytics cookies to allow us to see how you use our website and mobile application so that we can improve your experience. We encourage you to read the Google Privacy Policy . If you don’t want data reported by Google Analytics, you can install the Google Analytics Opt-out Browser Add-on.

We use social media widgets and plugins so you can use social networking to share items from our site with your AOL, Facebook and Twitter accounts. These interactive mini-programs run on our site and collect your IP address, which page you are visiting on our site, and sets a cookie to enable the widget to function properly. Your interactions with these widgets are governed by the privacy policy of the company providing them, not by this Privacy Policy.

Contests, Giveaways and Surveys

From time to time, YOO may offer you the opportunity to participate in contests, giveaways and other promotions. Any information submitted in connection with such activities will be treated in accordance with this Policy, except as specifically set forth in the rules for those contests, giveaways or promotions. From time to time, YOO may also ask you to participate in surveys designed to help YOO improve the Service. Any personal information provided to YOO in connection with any survey will be used only in relation to that survey and as elsewhere set forth in this Policy.

Children

We do not knowingly collect any personal information from children under 13. If we discover that a child under the age of 13 has provided us with personally identifying information, we will take steps to delete the information as soon as possible.

Your Right to Delete Your Data

If you would like to cancel your YOO account you may do so by emailing us. When you request cancellation of your account, your personally identifiable information will be deleted, including but not limited your email address, name, photo(s), friends list and links to social and partner sites such as Facebook Twitter, and Google Health. Archival copies of your account information that exist within our back-up system will be deleted in accordance with our normal back-up expiration schedule.

Email Communications From Us

We may provide our registered customers with weekly summaries of their User Account data and email alerts. We also allow users to subscribe to email newsletters and from time to time may transmit emails promoting YOO or third-party goods or services.

YOO subscribers have the ability to opt-out of receiving our weekly summaries and promotional emails and to terminate their newsletter subscriptions by following the instructions provided in such emails.

Opting out in this manner will not end transmission of service-related emails, such as email alerts.

Data Security

We use a combination of firewall barriers, encryption techniques and authentication procedures, among others, to maintain the security of your data and to protect YOO accounts and systems from unauthorized access.

When you register for the Service, YOO requires a password from you for your privacy and security. This password is stored in an encrypted fashion on our systems.

It is important to understand that these precautions apply only to our Site and systems. We exercise no control over how your information is stored, maintained or displayed by third parties or on third-party sites.

Your Responsibility for Maintaining the Confidentiality of your Login ID and Password

You are responsible for maintaining the security of your login ID and password. If you believe that your login ID or password have been compromised you should immediately change your password and contact us. We are not responsible if someone else accesses your account through registration information they have obtained from you or through a violation by you of this Policy or the YOO Terms of Use.

Terms of Use

YOO Fitness, LLC. and its affiliates ("YOO," "we" or "us") provide online and mobile services, including, but not limited to the YOO website ("yoochallenge.com" or the "Site"), widgets, computer programs and mobile applications hosted by or on behalf of YOO (collectively, the "YOO Services") intended to enhance a consumer's use of the personal fitness and body monitoring electronic products offered by YOO (the "YOO Products"). THIS IS A LEGAL AGREEMENT BETWEEN YOU AND YOO Fitness, LLC. AND GOVERNS YOUR USE OF THE YOO SERVICES. Subject to your acceptance of and adherence to these Terms of Use (the "Terms of Use"), YOO hereby grants you a limited, non-exclusive license to utilize the YOO Services as set forth herein. The terms "you" and "user" shall refer to all individuals and entities that access the YOO Services.

By your affirmative actions of registering for and/or using the YOO Services, you signify your agreement to these Terms of Use and our Privacy Policy and consent to allow YOO to communicate with you electronically regarding the YOO Tracker and the YOO Services.

Modifications to the Terms of Use

We may make changes to the Terms of Use from time to time. A link to the most current Terms of Use will be available on the YOO home page and we will indicate the date of the "Latest Update" at the top of the Terms of Use. We may also place a special notice on the YOO Services or communicate significant changes by email. Your continued use of the YOO Services following the posting of such changes constitutes your acceptance of the Amended Terms of Use.

Requirements for Use of the YOO Services

The YOO Services are available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.

Full use of the YOO Services requires compatible YOO Products, Internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors. The YOO Services is not a guaranteed part of any third party product or service offering, and no purchase or obtaining of any third party product or service shall be construed to represent or guarantee you access to the YOO Services.
Please see the section entitled "Precautions" below for recommended precautions related to your use of the YOO Products and the YOO Services.

Agency

You represent that you are using the YOO Services for its intended purpose. If you are registering or using the YOO Services on behalf of a company or other organization, you represent that you have authority to bind your employer by your actions.

Precautions

Content found on YOOChallenge.com or through the YOO Services is for informational purposes only and is not intended to replace the relationship between you and your physician or other medical provider. We are not a licensed medical care provider and have no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. You should always consult a physician before starting a fitness program, changing your diet or if you have any questions regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on or through the YOO Services. You should consult with your physician before following any training instructions you receive through the YOO Services or participating in any event announced on or through the YOO Services. Not all exercises or activities described on the YOO Services are suitable for everyone. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury and/or death. If you think you may have a medical emergency, call your physician or 911 immediately. If you feel discomfort or pain, immediately stop the activity causing such discomfort or pain. People who have Type 1 diabetes or other adverse medical or nutritional conditions should not use the YOO Services unless such use is directed and closely monitored by a physician. By using the YOO Services, you represent that you have received consent from your physician to participate in the programs, workouts, and exercises described on the YOO Services.

We are not responsible for any health problems that may result from training programs, products, or events you learn about through the YOO Services. If you engage in any exercise program you receive or learn about through the YOO Services you agree that you do so at your own risk and are voluntarily participating in these activities.

Information on the YOO Services

We try to provide helpful and accurate information on the YOO Services, but we make no endorsement, representation or warranty of any kind about any information, services or recommendations made available through the YOO Services. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the YOO Services. If you rely on any information provided by YOO, YOO employees, or others appearing on or contributing content to the YOO Services, you do so solely at your own risk.

User-Generated Content

Subject to YOO's adherence with the privacy settings you select within the YOO Services, you hereby grant to YOO a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit any text, photographs or other data and information you submit to the YOO Services (collectively, "User Generated Content") in any media now existing or hereafter developed, including without limitation on websites, in audio format, and in any print media format. "User Generated Content" includes but is not limited to content posted on message board posts, blogs, journals, food and recipe submissions and user comments. Subject to YOO's adherence to the privacy settings you select within the YOO Services, you hereby waive any rights of publicity and privacy with respect to the User Generated Content and any other legal or moral rights that might preclude YOO's use of the User Generated Content or require your permission for YOO to use the User Generated Content. You agree not to assert any claim, whether based on tort, contract, or other legal theory, against YOO or its sublicenses relating to YOO's or its sublicenses' use of the User Generated Content in accordance with your privacy settings, and you hereby release YOO and its sublicenses from any such claims. You represent that your User Generated Content: (1) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights; (2) will not violate any law, statute, ordinance or regulation; (3) will not be obscene or contain child pornography; (4) will not contain any viruses, worms, time bombs or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (5) will not violate any third party's rights of publicity or privacy; and (6) will not be defamatory, unlawfully threatening or harassing, harmful to minors in any way, or otherwise offensive or inappropriate. You are responsible for complying with all laws applicable to your User Generated Content.

Registration and Password; Privacy Policy

You are responsible for maintaining the confidentiality of your login information and password. You shall be responsible for all uses of your login information, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your login information or password. YOO cannot and does not assume any responsibility or liability for any information submitted by someone who has fraudulently accessed your YOO account or for any third party's fraudulent use or misuse of information submitted by you.

You represent that the information that you provide about yourself as requested in the YOO account registration form (the "Registration Data") is accurate and complete, and you agree to update your account information, as necessary, including providing YOO with your current email address, so that you may receive notifications and other account-related communications.

Ownership of the YOO Services

Except for the User Generated Content, YOO Services and all aspects thereof, including all copyrights, trademarks, and other intellectual property rights therein, are owned by YOO or its licensors. You acknowledge that YOO Services and any underlying technology used in connection with YOO Services contain YOO's intellectual property and proprietary information. You may not reproduce, distribute, modify or create derivative works of, publicly display (including by framing any content), or commercially exploit any part of the YOO Services except as necessary to view the content therein and to create a reasonable number of copies of portions of such content (without modification) for your personal, non-commercial use. All rights in the YOO Services not expressly granted to you by YOO are retained by YOO and its licensors.

If you violate any of these Terms of Use, your permission to use YOO Services automatically terminates and you must immediately destroy any copies you have made of any portion of YOO Services.

Email Rules

Some of our users will make their email addresses available if they wish to converse with other users with similar interests or goals. If you use this information, you agree not to transmit "spam" or other unwanted solicitations, or any material that is harassing, threatening, offensive, obscene, abusive, harmful, defamatory, invasive of another's privacy, infringing of another's intellectual property rights, or illegal. Users found using email information in this manner may have their user accounts terminated. We are not responsible for the content of email messages sent to you by our users or from third parties.

Community Pages

There are several areas on YOO Services on which users may post information, including journals and message boards on user profiles, food pages and photos (collectively, "Community Pages"). Any information posted to the Community Pages can be viewed by anyone who visits the YOO Services (whether or not such visitors are registered users). YOO does not endorse any information posted on the Community Pages and posts made by users do not necessarily reflect the views of YOO. Information on the Community Pages should not be taken as medical advice and we are not responsible for such information or for editing any factual errors or making any type of corrections to such information. Any action taken by you based on information presented on the Community Pages is at your own risk.

By using our Community Pages, you agree to adhere to the following community guidelines:

Be respectful of the opinions of others. Even though you might not agree with someone, that doesn't mean they are wrong or deserve to be belittled. Remember that what works for you may not work for everyone else. Give everyone the same courtesy you would expect in return. Do not post profane or explicit content.
Do not post profile pictures that might be considered inappropriate.
Do not post communications that could be interpreted as threatening or harassing.
Do not post, advertise or promote products commercially.

YOO has the right to remove a post on the Community Pages if it does not meet these standards or for any other reason YOO deems appropriate.

Copyrighted Materials

You agree that any materials posted by you shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you have obtained all necessary rights and licenses required to allow the posting of any content posted by You.

If you feel that any content posted on the YOO Services infringes your copyrights or other intellectual property rights, please notify us by sending an email.

User Indemnification of YOO

Upon request by us, you agree to defend, indemnify and hold YOO and its partners, affiliates, service providers, licensors, officers, directors, employees and agents harmless from and against any and all losses, liabilities, damages and costs, including but not limited to reasonable legal and accounting fees, arising from any claims, actions or demands related to or alleged to relate to: (a) your use of the YOO Services, including any User Generated Content you post, store, reproduce, display, or distribute via the YOO Services; (b) your violation of the Terms of Use; or (c) your violation of any intellectual property or other third party rights or any applicable law in connection with your use of the YOO Services. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting and available defenses.

User Conduct

If we determine that any user is not using the YOO Services responsibly, we have the right (but not the obligation) to remove, edit, block, or delete such user's transmissions, User Generated Content, or use of the YOO Services. We also have the right (but not the obligation) to suspend or terminate your access to and use of Community Pages or other parts of the YOO Services, or delete information you have posted to the YOO Services, without prior notice if you engage in any conduct that we believe, in our sole discretion: (a) violates any provision of the Terms of Use, (b) violates the Community Guidelines, (c) is offensive to other users, (d) violates the rights of YOO or third parties, or (e) could cause YOO liability. Without limiting the foregoing, upon any termination of your account or access to the YOO Services we may delete all User Generated Content and other information related to your Community Pages. If YOO suspects that your Registration Data is inaccurate or incomplete, we may suspend or terminate your account.

Changes to YOO Services

YOO may change or discontinue, temporarily or permanently, any feature or component of the YOO Services at any time without further notice. In addition, we may, without notice to the applicable user, terminate individual Community Pages that have been inactive for more than 30 days, but have no obligation to do so. You agree that YOO shall not be liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the YOO Services.

Third Party Services

The YOO Services may provide links or references to websites operated by third parties. We do not monitor or investigate such websites and we are not responsible for the content, functionality, or practices of such websites. Inclusion of links to third party websites on our YOO Services does not imply approval or endorsement of the linked website by us. If you decide to leave our YOO Services and access these third party websites, you do so at your own risk. YOO suggests that you read the terms of use and privacy policies (if any) on those third party websites. You agree that YOO has no liability for any damage or loss of any type that is a result of your use of a third party website.

Content and Warranty Disclaimer

THE WEBSITE IS PROVIDED BY YOO AND ITS AFFILIATES "AS IS." NEITHER YOO NOR ITS PARTNERS, SUPPLIERS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, ITS CONTENTS, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE WEBSITE. IN ADDITION, YOO AND ITS PARTNERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE WEBSITE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, YOO DOES NOT WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.

Limitation of Liability

IN NO EVENT WILL YOO BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT YOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF YOO, ARISING FROM OR RELATING TO THE WEBSITE (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY) IS LIMITED TO $100. YOO'S AFFILIATES, PROVIDERS AND PARTNERS HAVE NO LIABILITY WHATSOEVER ARISING FROM THE WEBSITE. In some locations applicable law may not allow certain of the limitations described above, in which case such limitations may not apply to you.

General

The Terms of Use and the resolution of any dispute related to the Terms of Use or the YOO Services shall be governed by and construed in accordance with the laws of the State of Connecticut without respect to its conflict of laws principles. You shall bring any legal action or proceeding against YOO related to the YOO Services exclusively in a federal or state court of competent jurisdiction sitting in Connecticut, and you agree to submit to the personal and exclusive jurisdiction of such courts. If any provision(s) of the Terms of Use is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. YOO's failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by YOO in writing. These terms and conditions constitute the entire agreement between you and YOO with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party and any attempt to do so is void.