Sign-up Details – Terms and Conditions

Terms and Conditions

By using this website (”Website”), at www.fitnessjudge.com, you agree to these Terms and Conditions (”Terms and Conditions”). We may, in our sole discretion and at any time, modify, change, add or remove portions of the Terms and Conditions, and we are under no obligation to notify you of such changes. By using this Website after we have made any changes thereto, you agree to accept the modified Terms and Conditions, whether you have reviewed them or not. If you don’t agree to these Terms and Conditions, you shouldn’t use the Website.
Definitions: This Website is owned by The Judge Group LLC, . The Judge Group LLC and its affiliates are referred to collectively herein as “we”, “us,” or “our.” “Affiliates” means any entity or person directly or indirectly owning a controlling interest in, or owned by, The Judge Group LLC, and/or any of The Judge Group LLC contractors or vendors providing services to the Website.
1. In General. By using this Website, you agree to be bound by these Terms and Conditions, just as though you had executed this agreement. If you don’t comply with the Terms and Conditions, we have the right to terminate your password and user account if you have subscribed to The Judge Group Fitnessjudge Zone and terminate your access to the Website or any part thereof. We may, in our sole discretion and without prior notice or liability, discontinue, modify or alter any aspect of the Website, including restricting or terminating your access thereto. You further agree that we shall not be liable to you or any third party for any termination of your access to our use of the Website. In the event that you join the The Judge Group Fitnessjudge Zone, you will be bound by these Terms and Conditions and any additional Terms and Conditions that apply to membership therein.
2. Intellectual Property: Use of Materials. Unless otherwise noted, we grant you a non-transferable, non-exclusive and limited right to display and access this Website and its contents for your personal and noncommercial use; provided, however, that you comply with these Terms and Conditions. You acknowledge that the Website contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, questions, creative suggestions, messages, comments, feedback, articles and other material (collectively “Content”) protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing nor or hereinafter developed. Our commercial business partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content made available on the Website. The Content is copyrighted as a collective work under the copyright laws of the United States (and if applicable, similar foreign laws). All trademarks and service marks appearing on the Website belong to The Judge Group or its Affiliates. The following are our trademarks and service marks: The Judge Group LLC, Fitnessjudge Zone Fitnessjudge Raymond Judge. All other trademarks and service marks on the Website are the property of their respective owners. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works from, or in any way exploit any of the Content, in whole or in part, without the prior express written consent of the owner of said Content, whether The Judge Group LLC or one of its Affiliates or a third party as set forth above.
3. Submissions: If you send, transmit, post, email, or otherwise convey to us, whether at our request or not, information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback ,ideas, recipes, notes, drawings, articles, stories about yourself or your weight loss, or other materials of any kind whatsoever, including but not limited to postings on Fitnessjudge Zone Chat Boards and Bulletin Boards (collectively the “Submissions”), said Submissions will be deemed, and shall remain, our property; and except as set forth in our Privacy Policy,none of the Submissions shall be subject to any obligation of confidence on our part, nor shall we be liable for the use or disclosure of any Submissions. Without limitation of the foregoing, you grant The Judge Group LLC. and its successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display any Submissions (in whole or in part and with or without the use of your name in conjunction therewith) worldwide. You also grant The Judge Group LLC and its successors and assigns the right to incorporate Submissions in other works in any form, medium, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively “Rights”) that may exist in such Submissions. You also warrant that any third party holder of any Rights, including moral rights in such Submissions, has validly and irrevocably granted to you the right to grant the licenses stated above. You further acknowledge that The Judge Group LLC and its successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise.
4. Disclaimers of Warranties. THE JUDGE GROUP LLC AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, OR CORRECT SEQUENCING OF ANY INFORMATION ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO INFORMATION CREATED BY THE JUDGE GROUP LLC AND ITS AFFILIATES, OR GATHERED BY THE JUDGE GROUP LLC AND ITS AFFILIATES FROM PUBLICLY AVAILABLE SOURCES. ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL.
THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT.
NEITHER THE JUDGE GROUP LLC OR ANY OF ITS AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THIS WEBSITE OR ANY FUNCTION CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER THE JUDGE GROUP LLC OR ANY OF ITS AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS CONTAINED IN THIS WEBSITE WITH RESPECT TO THEIR CORRECTNESS, RELIABILITY, ACCURACY, OR OTHERWISE.
5. Limitation of Liability. THE JUDGE GROUP LLC AND ITS AFFILIATES, AND ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RESULTING FROM YOUR INABILITY TO USE THIS WEBSITE; THE USE OF ANY CONTENT ON THIS WEBSITE OR WEBSITES LINKED HERETO; ANY UNAUTHORIZED ACCESS TO OR CHANGES MADE TO YOUR DATA; THE COST OF YOUR PROCURING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED FROM THIS WEBSITE; OR ANY OTHER MATTER RELATING TO THIS WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER ARISING IN TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), CONTRACT OR ANY OTHER CAUSE OF ACTION) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE OR THE JUDGE GROUP FITNESSJUDGE ZONE DURING THE MONTH PRIOR TO THE DATE ON WHICH THE CLAIM WAS FILED. IN THE EVENT THAT YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY PORTION THEREOF, OR CHOOSE NOT TO COMPLY WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE CEASING TO ACCESS AND USE THIS WEBSITE.
6. Privacy Policy. THE JUDGE GROUP LLC and its Affiliates are concerned about protecting your privacy and the security of personal data you may submit to this Website.

7. Links. These Terms and Conditions govern your use of this Website, and not your use of sites operated by third parties to which this Website may be linked. We or our Affiliates may provide links to other sites on the World Wide Web. You agree that we are not responsible for the availability of such sites, and that our linking thereto does not constitute endorsement of or responsibility for any content, advertising, products or other material or available on or through such sites. You also agree that we will be under no circumstances responsible or liable, directly or otherwise, for any loss or damage that is caused or alleged to have been caused to you in relation to your use of or reliance upon, any products, advertisements, content or other material available on any other site, regardless of whether we link thereto, whether directly or indirectly.
8. Third Party Products and Services. You may order merchandise or other products or services through this Website from third party sellers. Responsibility for services, merchandise and products ordered from such sellers, including but not limited to, purchase terms, warranties, limitations of liability, guarantees, payment terms, customer service and delivery rests with these third party sellers, and RSI and its Affiliates make no warranties or representations in regard thereto. You will not regard us as a party to such transactions, whether or not we have received some revenue or remuneration relating to these third party transactions; and we will have no liability for any costs or damages to you or anyone else arising out of such transactions, either directly or indirectly.
9. Health Disclaimer. This Website provides content and information intended to assist users in efforts to lose weight personally. THE JUDGE GROUP LLC and its Affiliates are not a medical organization, and cannot give you medical advice or diagnose your condition(s), and nothing contained in this Website shall be interpreted as constituting such advice or diagnosis. This Website is not a substitute for evaluation, consultation with, and treatment by, a physician.
10. Indemnification. You agree to indemnify, hold harmless, and, at our option, defend THE JUDGE GROUP LLC and its Affiliates, and our and their officers, directors, employees, stockholders, agents, contractors and representatives from and against any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorney’s fees and expenses) arising from your improper use of this Website or our products or offerings, your violation of these Terms and Conditions, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
11. Copyright Complaints: Please note that THE JUDGE GROUP LLC owns, protects and enforces copyright and other rights in its proprietary intellectual property, and respects the intellectual property rights of others. Materials may be made available in the FITNESSJUDGE ZONE and on the Website by third parties not within the control of THE JUDGE GROUP LLC. It is our policy not to permit materials known by us to be infringing to remain in the FITNESSJUDGE ZONE. Please notify us promptly if you believe any materials on the Website or in the FITNESSJUDGE ZONE to infringe on the intellectual property rights of another. Upon our receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act (”DMCA”), THE JUDGE GROUP LLC will respond expeditiously to remove the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue. Notice of alleged infringement must be sent by E-mail to info@fitnessjudge.com
12. Governing Law. These Terms and Conditions shall be governed by the laws of the State of New Jersey, without giving effect to any principles of conflicts of laws. By using or accessing this Website, you agree that any action at law or in equity arising out of or relating to your use of this Website or these Terms and Conditions will be filed only in the state or federal courts in the State of New Jersey, Hudson County, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
13. Miscellaneous Terms.

1. Legal Fees: In any action against us arising from the use of this Website, we will be entitled to recover al legal expenses incurred in connection with the action, including but not limited to its costs and reasonable attorney’s fees and expenses.
2. Severability: If any provision of these Terms and Conditions should be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms and Conditions, and shall not effect the enforceability of any remaining provisions.
3. Assignment: We may assign our rights and obligations hereunder, and these Terms and Conditions will inure to the benefit of our successors, assigns, and licensees. You may not assign your rights and obligations hereunder without our prior express written consent.
4. Waiver: The failure of either party hereto to insist upon or enforce the strict performance of the other party with respect to any provision hereof, or the failure to exercise any right under these Terms and Conditions, shall not be construed as a waiver of said right (s), and the party’s right to assert or rely upon any such provision in that or any other similar instance shall remain in full force and effect.
5. Entire Agreement: These Terms and Conditions, together with the Privacy Policy and Subscription Agreement (if applicable) constitute the entire agreement between you and us relating to the subject matter hereof. If you subscribe to the THE JUDGE GROUP Fitnessjudge Zone or purchase products from us, in the event of any conflict between these Terms and Conditions and any Subscription Agreement or Terms and Conditions governing product purchases in the store provided herewith, the Subscription Agreement and the Terms and Conditions governing said store shall control.

Sign-up Details – Privacy Policy

At www.fitnessjudge.com and the store area associated therewith (collectively, the “Websites”), we know how visitors like you value your privacy, and have created this privacy policy to ensure that you understand our policies and procedures: what personal information you must provide if you wish to use certain portions of the Websites, and how we use such personal information. We are committed to protecting the privacy of users of the Websites. The Websites are owned by The Judge Group LLC. The Judge Group LLC and any entity or person directly or indirectly owning a controlling interest in, or owned by, The Judge Group LLC, are referred to herein as “we,” “us,” or “our.” Website users are referred to herein as “you.” Except as disclosed in this Privacy Policy, we will not sell, share, license, trade, or rent your personal information to others. We may amend this Privacy Policy from time to time. If we do so, we will post any changes here, so please refer back to this Privacy Policy on a regular basis. Any changes will apply only to information collected after the change is posted. By using the Websites, and/or the Products set forth in the Subscription Agreement, you agree to the terms of this Privacy Policy.

1. Types of Information Collected: We collect two types of information from users of the Websites: personally identifiable information described below, and non-personally identifiable information such as information about traffic patterns on the Websites.
2. Personally Identifiable Information (”PII”): This is information that identifies you individually, or can be used to identify or contact you. PII may include your name, address, email address, telephone number, birth date, and billing and credit card information. We may request PII from you when you register for membership in the Fitnessjudge Zone, or in connection with other Products on the Websites. In the event that you purchase products of The Judge Group LLC on websites hosted by third parties and linked to the Websites, operators of such websites will collect PPI for the purposes of billing you. We collect PPI only if you personally submit it to us. You don’t have to provide us with this information in order to visit the Websites. However, if you choose to withhold PII, you may not be able to visit some areas, such as the Fitnessjudge Zone, which contains areas such as Bulletin Boards and Chat Boards. Unless you give us permission to do so, we will not sell, share, license, trade or rent your PII other than as specified in this Privacy Policy.
3. The Judge Group LLC. Use of Information Collected: In general, we use your information to help understand who uses the Websites and the Products and how they are used, to personalize your experience of the Websites, and for subscription and other billing purposes, where applicable. We may use your PII to respond to your questions or comments, or to send you service announcements or updates regarding the Websites and/or the Products, or promotional announcements regarding other products or opportunities we think might be of interest to you. We may also contact you via postal mail regarding these matters; unless you notify us through the opt-out procedure described below that you no longer wish to receive these communications. We may also use your information to perform statistical analyses or to evaluate and improve our Products and our Websites; and we may share your personal information with our affiliates and business successors, technical consultants, third party auditors or other third parties who make the Websites available, enhance its functionality or provide associated services such as billing and/or who deal with you in processing your orders and/or delivering content, samples, products, services and gifts and prizes. Please note that we reserve the right to transfer your PII and other information to our successors in business and purchasers of the Websites’ assets.
4. Non-Personally Identifiable Information (”NPII”): In some cases, we may collect NPII. Examples of this type of information include the type of internet browser you are using, the type of computer operating system application software you are using, peripherals you are using, and the domain name of the website from which you linked to a Website. We use NPII on an aggregated basis to do such things as enhance the operation of the Websites, operate the Websites, and deliver advertising from the Websites. We may share NPII with third parties for advertising, promotional and other purposes.
5. Disclosure of Information to Third Parties: We may disclose information if we believe in good faith that we are required to do so in order to comply with an applicable statute, regulation, rule or law, a subpoena, a search warrant, a court or regulatory order, or other valid legal process. We may disclose PII in special circumstances when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our Terms and Conditions or our Subscription Agreement, or to protect the safety and/or security of our users, the Websites, or the general public. We may provide NPII to third parties. For example, we might inform third parties regarding the number of unique users to the Websites, the demographic breakdown of users of the Websites, or the activities that users engage in on the Websites. The third parties to which we may provide this (NPII) information may include potential or actual advertisers, providers of advertising services, commercial partners, sponsors, licensees, researchers, and other similar parties including contractors working on the Websites. In addition, we may share your PII (including, to the extent permitted by law, any demographic information you provide to us like zip code, age, gender, marital status, movie preferences, etc.), with certain third parties with whom we do business (including for example, our content providers and clients), so that such third parties may contact you regarding products, services, offers, or other information we think you may find valuable. These third parties may also use the information to generate aggregate reports and market research, or for other purposes. If you would rather not have us share this information with third parties, you may opt out at any time via links on the emails you receive, or contact Customer Service at info@Fitnessjudge.com Make sure you notify us for each account or email address you have left with us. Information obtained through the Websites may be intermingled with and used in conjunction with information obtained through sources other than the Websites, including both online and offline sources.
6. Third Party Sellers: Through the Websites, you may be given the opportunity to purchase, or to obtain more information about, certain content, products or services which are sold through a person or company other than us (”Third Party Sellers”). Third Party Sellers may request that you submit certain information to them in order to purchase their products or services or to obtain additional information from them. You do not have to submit this information or purchase any products or services from Third party Sellers in order to access the Websites. By submitting the requested information, you affirmatively consent to have that information shared with the Third Party Seller. This information will be used by the Third Party Seller, and may be subject to a different privacy policy. We do not otherwise share or disclose your PII to Third Party Sellers.
7. Cookies: We reserve the right to use cookie technology. A cookie is a small data file that certain websites write to your hard drive when you visit them. A cookie file can contain various types of information, including a user ID that the website uses to track which pages you’ve visited. We may use cookies to enhance your experience on the Websites, to determine user traffic patterns, and for other purposes. Most browsers are initially set up to accept cookies; however, you can reset your browser to refuse all cookies or indicate when a cookie is being sent, or you can flush your browser of cookies from time to time. (Note: you may need to consult the help area of your browser application for instructions.) If you choose to disable your cookies setting or refuse to accept a cookie, however, you may not be able to access all areas of the Websites.
8. Opt-Out Procedures: You have the right to opt out of receiving unsolicited information from the Websites. This opt out messaging will appear at the bottom of every unsolicited email that is sent by the Websites. We also give you the option to remove your information from our database completely. If you no longer wish to use the Websites or to receive any form of unsolicited direct contact from us, whether it is email, discounts, newsletters, or other promotional offers or materials, or want us to delete your PII from our data records (except with respect to billing matters), you may opt out at any time via links on the emails you receive, or contact The Judge Group LLC Customer Service at info@fitnessjudge.com. We are not responsible for removing your PII from third party lists or databases of any kind. Please note that we reserve the right to keep any PII or NPII submitted or collected until you delete or modify it, or until we choose to delete it, for business reasons such as obsolescence.
9. Reviewing or Changing Your Information: In order to ensure that the information we maintain is accurate, we give users the option to change or modify their information previously provided. If you would like to change your information currently in our database, please contact Customer Service, at FitnessJudge Customer Service. On the Websites: Use the Customer Service Form. By Email: info@fitnessjudge.com . We are not responsible for updating information contained in third-party lists or databases.
10. Security: We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you submit. All information is stored on our servers in a secure location. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished if you are using a shared computer. If your password is compromised, notify Customer Service at once! For Fitnessjudge Customer Service on the Websites, use the Customer Service Form. By Email: info@fitnessjudge.com . Please note that no data transmission over the Internet is 100% secure. As a result, we cannot guarantee the security of the information you transmit via our online services.
11. Protection for Children: The Websites are not intended for the use of those under the age of 18. Furthermore, we have no intention of collecting PII from children (i.e., individuals under the age of 13). Where appropriate, we take reasonable measures to inform children not to submit such information to the Websites or in response to advertisements. If a child has provided us with PII, that child’s parent or guardian should contact Fitnessjudge Customer Service by Email marked “Privacy-Urgent” to info@fitnessjudge.com and indicate therein that you would like the information submitted by the child deleted from our database. We will use all reasonable efforts to delete such information from our database. By subscribing to the Fitnessjudge Zone, you represent and warrant that you are over eighteen, and that the birth date information you submit during the subscription process is accurate.
12. Your Consent: You may have certain rights under the Communications Act, Federal Trade Commission Act, and other state and federal statutes that may apply, and by accepting these terms you are waiving all of these rights as to collection, use, disclosure and storage of your PII and NPII as described above. You recognize that we are able to offer our service to you at our rates based upon these terms, which are an integral part of our contract for the provision of services to users, whether in the Fitnessjudge Zone or outside of it on the Websites. By using the Websites and/or providing PII and NPII thereto, you also authorize the export of PII to the USA, and its storage and use as specified above. Our headquarters is in the USA in the State of New Jersey. This policy and our legal obligations hereunder are subject to the laws of the State of New Jersey, and of the USA, regardless of the location of any user. Any claims or complaints must be filed in the USA in the State of New Jersey, Hudson County.

 
Contacting Us
If you have any questions about this Privacy Policy, the practices of the Websites, or your dealings with the Websites, please contact Fitnessjudge Customer Service. On the Websites: Use the Customer Service Form. By Email: info@fitnessjudge.com .
By using the Website, and/or the Products set forth in the Subscription Agreement, you agree to the terms of this Privacy Policy