TERMS OF USE

Welcome to the xsportfitness.com website.

By using this site, you consent to the terms and conditions set forth in this site, including without limitation terms and conditions relating to the receipt, storage, use and disclosure of personally identifiable information we obtain from or about you (“Privacy Policy”). Capital Fitness, Inc. (referred to as “CFI”), its subsidiaries and their affiliated entities and other related entities referred to herein as “we”, “our”, or “us”).

Our Web page may contain links to third party sites that are not owned or controlled by us. Please be aware that we have no control over, and are not responsible for, the content, operation or privacy practices of such other sites. Also be aware when you link to another sight that you leave our site and enter theirs. We encourage you to read the terms of use and privacy statements of each and every website you visit through the link we provide you.

Various Information

1. Site Activity Data

Each time you come to this website, our web server may receive and log certain information. These logs may include, but are not restricted to, your machine’s TCP/IP address, your username (if applicable), date, time and files accessed and similar information. These logs may also contain information about certain information if you clicked on a link to an external webpage. These logs are used for performance, site administration and security reviews and for other purposes.

2. Personally Identifiable Information

Personal information, such as your name, personal postal and email address, personal telephone number and credit card number, is received by us when you voluntarily provide it. Such information is received from you various ways, for example, but without limitation, when you send an email through the site or make some other specific contact, such as completing an online form or registering.

When you visit this site, for example when you register with xsportfitness.com and when you enter information in other areas of xsportfitness.com, our web server receives and logs certain information. Such information may include, but not be limited to, the following: your name, e-mail address, user ID, password, telephone number, physical address, birth date, gender, zip code, credit card number and XSPORT FITNESS Gym membership number. These logs also contain information if you clicked on a link to an external webpage.

Various products and services may be offered by us on our website. When you make purchases through xsportfitness.com, we obtain information such as what you are purchasing, your method of payment, and your billing and shipping information. This information is used in a number of ways and for a number of purposes, including without limitation as set forth below. For example, this information is used to complete the transaction and to facilitate future orders. This information may also be used for aggregate reporting (which summarizes the data in a report). We may provide fitness tracking tools which allow you to save information so that you can track your workouts, nutrition or other information about yourself. We may store your fitness tracking information on our servers in order to provide you with these tools. We may also use that information to provide you with other services through our website.

You may have the opportunity to enter certain contests which require registration with xsportfitness.com. If you enter an xsportfitness.com contest, we record your entry and link it to your xsportfitness.com registration information. Your personally identifiable information may be used to contact you for winner notification, prize delivery and other purposes.

We may receive additional personally identifiable information from you through communications with xsportfitness.com. For example, if you e-mail xsportfitness.com to ask about a product or service, we will use that information to respond to your inquiry, to have a history of our service to you or that you have shown an interest in and to make better our service by reporting your request in our customer service totals.

3. Other Information

In order to maintain and improve xsportfitness.com, we also obtain some statistical data when you visit the website. The exact information we obtain may vary, but can include, without limitation, the date and time of an access to our website, the Internet Protocol address of a computer requesting a page, the pages requested, and computer and connection information such as browser type and operating system.

We may request personally identifiable information from you via surveys or voting polls. If you respond to a survey or poll, we may aggregate your responses with those of other XSport Fitness members.

We may provide you with various ways to submit information to be posted on our website including participating in our forums. Anything you submit to us through these services is transmitted to us and is automatically public at that time or may at any time be made public; so, you should not submit information of a private or sensitive nature and must not submit information of an offensive or illegal nature. You should be aware that information submitted to forums can be read, recorded and used for any purpose by any third party as well as by us.

Cookies In computer language, a cookie is used by one person to store data on another person’s computer’s hard drive. Almost all websites utilize cookies to one extent or another. We may use this information to maintain your computer’s session with our server. We may also use our cookies for security and authentication purposes and for advertising and other purposes. For example, Website visitors may receive cookies from us and from our advertisers and other third parties with whom we have an arrangement when they visit XSportFitness.com. We have no access to or control over any advertiser’s or other third party’s cookies.

XSportFitness.com’s technology utilizes cookies in the delivery of advertisements to website visitors on our advertisers’ and other third parties’ websites across the internet. This form of marketing enhances the web surfing experience by showing to visitors advertisements that are of interest to them. When a visitor visits one of XSportFitness.com’s advertiser’s websites, an XSportFitness.com pixel on that site sets an XSportFitness.com cookie on the hard drive of that visitor.

No Information From Children Under 13 Years of Age

The xsportfitness.com website is not designed for children under 13 years of age. We do not knowingly collect any information from children under 13 years of age. If you are under 13 years of age, please do not attempt to register or participate in any function at xsportfitness.com for any reason or provide any personally identifiable information about yourself to us or on any forum at this site. If we discover personally identifiable information that we have received on our website and that we believe is about a child under the age of 13, we will delete that information. If you believe we might have any personally identifiable information about a child under the age of 13, please call us at (877) 417-1450 or contact us here at our xsportfitness.com website through CONTACT or contact us by mail at the following address: XSportfitness.com, attn. Customer Relations, P.O. BOX 4012, Aurora, IL 60507.

Information Use and Ownership

We own the information transmitted to or obtained via this website. The information you provide us or obtained through our website may be used for our business purposes among other purposes. Such purposes include, without limitation, to contact you about the website, contact you about your website membership status, confirm or fulfill and order, monitor or improve the website, customize advertising and content, provide special offers to you and send you promotional materials on behalf of parties with whom we have business arrangements.

We may aggregate information supplied by users during the website registration process and information about their use of xsportfitness.com to maintain our services and describe our website user base to potential and actual advertisers and for other business purposes. This information supplies summary data about our community of users among other things. There are circumstances in which we disclose and transfer to third parties personally identifiable information about you. For example, but without limitation, we may employ other businesses, certain services, and individuals to perform functions on our behalf or to service our business purposes, such as, without limitation, fulfilling orders, delivering packages, providing customer service, sending mail, processing credit card payments, holding live chats, providing marketing assistance, data analysis and customer service and we may share your personally identifiable information with these service providers.

We may also reveal user personally identifiable and other information if we believe that a user is harming or interfering with other xsportfitness.com users, anyone else, or violating our Terms of Use, or infringing any of our rights or those of third parties.

To the extent we believe it is required by law, xsportfitness.com will reveal information, including personally identifiable information; for example, if we are asked by subpoena or other legal means to disclose any of your personally identifiable information.

Data Security

No data transmissions over the Internet and no storage of data can be guaranteed to be entirely secure. We cannot ensure or warrant the security of any information you transmit to us and you provide information at your own risk. Once we receive your transmission, we take steps to secure data on our systems. However, we do not a guarantee that such information may not be accessed or disclosed by breach of firewalls and server software even if designed to protect your information from unauthorized access or disclosure.

By using this website or providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy, administrative issues relating to your use of this website and other matters. We may post a notice on our website if someone breaches our security measures. In these circumstances, we may also send an e-mail or text to you at the e-mail address and text/phone number you have provided to us.

E-mail and Text Communications

We may use your e-mail address and text/phone number to contact you with e-mail and text messages about the website and any matter relating to your use of this website, your membership or your use or purchase of our services or products, whether here or at the gym or spa, and for other purposes. We may also use your e-mail address and text/phone number to send you newsletters or other communications.

Policy Changes

If we change the Privacy Policy in any substantial way, such changes will be communicated on this website.

Correcting/Updating Personal Information

If your personally identifiable information (such as your address, credit card number or other information) changes, or you no longer desire access to our website, please visit this website to correct, update or remove personal and other data you have provided to us by making changes to your profile, by using an opt out message in your e-mail, or by e-mailing us with your request.

30 Day Money Back Guarantee/Agreement

The following are the conditions to our 30 Day Money Back Agreement/Guarantee (“Guarantee”): The enrolling member seeking the Guarantee (“Member”) must represent that Member has never been a member of any facility operated by XSport Fitness or by any of its affiliates or other related parties and has never utilized any XSport facility (“Representation”).

Guarantee: If (i) Member completes a New Member Orientation within the first fourteen days after the date of the Guarantee addendum (as scheduled on that date), (ii) works out an additional nine days at the facility (for a minimum of ten visits) within the first thirty days after such date (as evidenced by XSport’s electronic records), (iii) the Representation is true, (iv) the Guarantee addendum is valid and (v) the Member has not violated the Membership Agreement, Member may cancel Member’s Membership by sending, within three days after the completion of such thirty day period, notice of cancellation in accordance with the cancellation procedures in the cancellation section of the Additional Terms and Conditions in the Membership Agreement and may receive a refund of enrollment, processing and membership fees.

Member must sign a Guarantee addendum. This Guarantee addendum is not valid and not a part of and not incorporated in Member’s membership agreement if (i) any line of the Guarantee addendum is not initialed by Member, (ii) orientation date line is not completed by Member or (iii) the Guarantee addendum is not signed by an XSport representative and Member on the agreement date.

Upon date of becoming a member, Member must schedule New Member Orientation for a date within 14 days of such joining date. Guarantee is offered to first time users only and is valid only on annual and pay as you go monthly memberships.

Questions?

If you have any questions, please call 1-877-417-1450.

Notice of Change – Posted and Updated February 5, 2014

In-club advertising
• Billboards, Events, TV Screens
Website presence
• Partner Listing, Special Offers
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XSport Fitness has been given an A+ rating by
the Better Business Bureau for 5 years running

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