When you sign up for Firecrackersfitness.com's online personal training you will be signing up for a personal training membership and will be billed monthly on the day that you sign up. If at any time you would like to cancel your membership please notify Erin@firecrackersfitness.com by email 1 month prior to the date that you would like your membership canceled.

Below is the legal disclaimer and terms of service for using Firecrackersfitness.com and all its publications and content.

Legal Notice and Disclaimer-

As with all programs, techniques, and materials related to health, exercise and fitness, you are strongly urged to consult a physician or other appropriate health-care professional before using any of the products and services made available by or through Firecracker’s Fitness and its Website.  If you have chosen not to obtain a physician's permission prior to beginning this program with Firecrackersfitness.com then you are doing so at your own risk. Firecrackersfitness.com cannot guarantee that such products and services will be safe, effective or suitable for everyone. For that reason, all such products and services, and the programs, techniques and materials embodied in such products and services, are offered without warranties or guarantees of any kind, express or implied, and Firecrackersfitness.com disclaims any liability, loss or damages that may result from their use.

By accepting the terms of this agreement, you are stating that you fully understand that you are solely responsible for the way that the information within this Website and within all forms of communication received from Firecrackersfitness.com is perceived and utilized and do so at your own risk. By accepting the terms of this agreement, you are acknowledging that all types of exercise are potentially hazardous activities and may cause injury and even death. You are stating that you are voluntarily participating in these activities. By accepting the terms of this agreement, on behalf of yourself, your heirs, assigns, insurance companies, executors and administrators, you are acknowledging that you do hereby waive, release and forever discharge Firecrackersfitness.com and their respective heirs, directors, officers, agents, employees, representatives, successors and assigns, administrators, executors, and all others from any and all responsibilities or liability from injuries or damages resulting from or connected with your participation in any of the Firecrackersfitness.com exercise programs.

Neither Firecrackersfitness.com nor any of its authors, trainers, affiliates, or associates of this website and all its publications, e-mails, forum postings, e-books, and/or newsletters assume any liability for the information contained herein. The information contained herein reflects only the opinion of the authors, trainers, affiliates, or associates and is in no way to be considered medical advice. Specific medical advice should be obtained from a licensed health care practitioner. Consult with your doctor before you begin any fitness, nutrition, yoga, or other change in lifestyle. This information is in no way meant to treat, cure or prevent any disease or illness from happening. Firecrackersfitness.com cannot guarantee that this site will always be available, error-free, uninterrupted, timely or secure.


Terms Of Service

The contents of this website and its newsletter, e-mails, articles, forum postings, e-books and all publications are fully protected by copyright law. We encourage you to post this website address and any or all articles so long as it is in its entirety and all links remain live and intact. Any other distribution will be a violation of copyright law and all violators will be prosecuted. There is no guarantee of results from Firecrackersfitness.com and/or any of its affiliates, publications, content, and contributors.

Additional Legal Disclaimers, Notices and Terms of Service

These terms and conditions may change at any time. It is your responsibility to check for updates regularly. This site and all of its content and publications are to be used solely at your own risk. You understand that Firecrackersfitness.com expresses no guarantees or warranties about any of its publications, products, content and any other item stemming from Firecrackersfitness.com.

By accessing this website, you agree to the legal notice, disclaimer, and terms of service stated above. If you do not agree with any part of it- discontinue use of this site immediately, its publications and any other information related to Firecrackersfitness.com

Welcome to Fitness Coach, powered by HiTech Trainer, Inc. This web based application ('Application') is served, operated and maintained by HiTech Trainer, Inc., and brought to you courtesy of either HiTech Trainer, Inc. your employer, health club or other organization ('the Provider').  

This document contains our privacy policy, security measures, disclaimers, and other important information. Please take the time to read the entire User Agreement.  

Please note that this User Agreement governs only the practices of HiTech. This User Agreement only pertains to your use of the Application. Wherever you see the HiTech Trainer logo, or the product titles of "Fitness Coach", "Fitness Tracker" on the screen, you are within the Application.  

By registering for use of the Application, you certify that you have received consent from your physician to participate in the programs, workouts, and exercises to be provided by the Application. In addition, you agree to the following terms and conditions. The terms and conditions of this Agreement may be amended or modified at any time. This User Agreement, including any amendments or modifications will be accessible from the User Information area of the Application. This is not the case we need to allow them to do this our continued usage after such changes are posted constitutes acceptance of each revised provision of the Agreement. If you do not agree with the terms of this Agreement or any revised Agreement, please refrain from using the Application.  

Privacy Policy
Protecting your privacy is very important to HITECH. The HiTech programs are designed to personally tailor your interactive fitness and training experience to your interests, goals, and fitness level. In order to do this, we collect certain information about you through a Fitness Profile and from your use of the Application. When you use the Application, we want you to be secure with our policy on privacy because we realize that personal information regarding your health; fitness and training background is a very sensitive and confidential matter.  

The statement below outlines our privacy program. From time to time, as we expand our services, we will update our privacy policy, but the underlying goal of protecting our users' privacy will remain. We also welcome your continuous input into these guidelines.  

HITECH has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses our information gathering and dissemination practices for the Application:  

Use of Information
HITECH collects three (3) types of information from users through use of the Application:  

1. "Personal Demographic Information" Demographic Information is the basic user data (name, e-mail, birth date, ZIP or postal code, etc.) collected and stored by HiTech and transferred to the Provider (if not HiTech)  

2. "Personal Fitness Profile"  You generate a Fitness Profile the first time you use the application, and you can modify that Fitness Profile over time. It contains information about your fitness level, schedule, equipment, and other important variables.  

3. "Personal Fitness Training Data" Fitness Training Data is the information and training records gathered over time from your use of the Application.    

The following section covers use of specific user information by HITECH:  
1. Use of Demographic Information. The application registration form requires you to submit Demographic Information. Demographic Information is collected by HITECH and either held by HiTech or transferred to the Provider. The Provider's use of the information is regulated by the user agreement or privacy policy of the Provider, and we are not responsible for the use of data by the Provider. We use Demographic Information primarily to customize our application for you, showing the content and information that is most pertinent to you. We use contact information from the Demographic Information to send you periodic e-mail newsletters that may contain offer of services and personalized motivational feedback regarding your fitness progress. WE DO NOT SELL YOUR CON TACT INFORMATION TO THIRD PARTIES. If you wish to remove your contact information from the Application, you may do so by contacting HiTech at cs@hitechtrainer.com .  

2. Anonymous Use of Demographic Information. Demographic Information is shared with affiliates, partners and advertisers on an aggregate, or collective, basis WITHOUT SHARING YOUR USER NAME OR CONTACT INFORMATION.  

3. Use of Fitness Profile and Fitness Training Data. HITECH stores and maintains all Fitness Profile and Fitness Training Data collected by the Application. HITECH reserves the right to use the data collected to aid in research and development of the Application. We reserve the right to the use of the data in an anonymous format in any way we deem responsible and correct (whether it be the sale, publishing, or any other use). HITECH also reserves the right to do as we see fit with findings based on the data collected. If you cancel your registration to the Application, your Fitness Profile and Fitness Training Data are maintained in a strictly anonymous fashion. We reserve the right to the Fitness Profile and Fitness Training Data and to the continued use of that data. Fitness Profile and Fitness Training Data are the property of HITECH.  

4. Online Surveys. From time-to-time, you may find online surveys within the Application. Our online surveys may ask users or visitors for demographic information (like zip code or age). We may use data from our surveys to send information about our company and (with your permission) promotional material from some of our affiliates, partners, sponsors and advertisers.  

5. Use of IP Addresses. An IP (Internet Protocol) address is your computer's Internet address. We use your IP address to help diagnose problems with our server, and to administer the Application. Your IP address is used to help identify you and to gather broad demographic and geographic information.  

6. Login Session. The Application may use cookies to keep track of your login session. Cookies are small pieces of information stored on your hard drive, not within the Application. We use cookies to deliver content specific to your interests and to customize the content and/or layout of the Application for you.  

7. Message Boards and Other Public Forums. Because our goal is to foster and cultivate an informed fitness community, we may offer the use of Message Boards and other Public Forums within the Application. Since these are public areas, any information you may disclose becomes public information. Please remember this, and use extreme care when disclosing your personal information. HITECH is not responsible or liable for the uses that others may make of information you provide on the Message Boards and the other Public Forums.  

8. Links to Other Sites. The Application contains links to other sites. Our advertisers, Providers and/or affiliates may place cookies on your hard drive either directly or when you use a link provided within the Application. We cannot directly control what these cookies do or what our advertisers, providers and/or affiliates do. HITECH is not responsible for the privacy practices or the content of such Web sites. Our privacy practices may be different than those on other sites. Please make sure you familiarize yourself with the privacy practices of third party web sites before disclosing personal information to them. Any use of these third party web sites is at your own risk.  

9. Use of Navigation Paths. We track everything a user does within the Application. The type of information we collect includes (but is not limited to) where a user goes within the Application, how long a user is using the Application, and what links a user chooses. We do this by recording Navigation Paths. For example, we may track the number of people who view each page to learn which features are the most popular. By collecting data in this way, we can generate anonymous reports based on a user's Navigation Path that can tell a provider or sponsor what users are doing within the Application and then can be used by our sponsors and providers for marketing purposes. The data collected will also be incorporated into a user profile that helps HITECH personalize and enhance your on-line experience.  

10. Joint Registration. In some cases, registration for the Application is carried out through a joint registration process with the Provider. In this case, you should understand that your membership with the Provider is regulated entirely by the user agreement of the Provider. In a joint registration process, Demographic Information and/or Subscription Information is collected by HITECH and transferred subsequently to the Provider. In all cases, terminating membership with the Provider will result in the loss of your access to the Application.  

Security
While we strive to protect your personal information, we cannot ensure or warrant the security of any information that you transmit to us, or that you transmit from the Application, and you do so at your own risk. Once we receive your transmission, we take all reasonable efforts to ensure its security on our systems. Sometimes user data is not retrievable or is lost or damaged. In these instances, we will try to retrieve or restore the data but we cannot be held liable for data that is lost or damaged, not retrievable, altered or misused.  

Children's Guidelines
The Application is not directed to children under the age of eighteen (18), and HITECH makes its best efforts to prohibit registration by children under the age of eighteen (18). We will not knowingly collect personally identifiable information from children under the age of eighteen (18).  

If a child identifies himself/herself through the registration process to be under the age of eighteen (18), HITECH will not knowingly allow the child to register for the Application or to have access to the Application.  

The primary reason that HITECH does not allow children under the age of eighteen (18) to register for the Application is that we use the PAR-Q (Physical Activity Readiness Questionnaire) as a screening tool for determining whether or not an individual is physically fit to begin a program of physical activity.  This questionnaire is one industry standard for assessing readiness for physical activity. The PAR-Q is not designed to assess activity readiness for individuals less than eighteen (18) years of age.  

E-mail Communication to Users
HITECH does not believe in SPAM (junk e-mail). We send two types of communication to our users:

1. Personalized feedback and motivational messages. These messages are sent to you automatically based upon your interaction with the Application. They will provide important information about your progress and recommend next steps.

2. General newsletters. HITECH will distribute newsletters periodically to provide general information and updates to all users of the Application.   Both the feedback messages and general newsletters may also from time-to-time include special offers from HITECH and Providers. The messages are sent directly from and regulated by HITECH. You will not receive advertisements or offers directly from third parties other than your Provider.  

Please note that canceling your subscription to the Application does not automatically remove you from our communication list. However, canceling your registration does remove you from the communication list. To cancel your registrations please email cs@hitechtrainer.com .  

User Responsibility
We assume users of the Application will act responsibly and use the tools provided by HITECH in a law-abiding manner. If HITECH determines that any user is not using the Application responsibly, we can censor, edit or block transmissions or use of the Application.  

Limitation of Liability
HITECH and our affiliates, sponsors and Providers are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to the Application, related services and/or content, or information contained within the Application. Your sole remedy for dissatisfaction with the Application and/or related services is to stop using the Application and/or those services.  

Indemnity
You agree to defend, indemnify, and hold HITECH, its officers, directors, employees, Providers agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of the terms and conditions of this User Agreement.  

General
HITECH, in its sole discretion, may revoke the membership of those who violate its guidelines or this User Agreement. The laws of California shall govern this User Agreement. Any action brought in connection with the User Agreement shall be filed within one year of the date of the alleged injury within the jurisdiction of the courts of California .

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