1. Hello again
By now you’ve read our Terms of Service.
2. The meaning of words, as explained by other words
Throughout this document, we may use certain words or phrases, and it is important that you understand the meaning of them. The following is a non-exhaustive list of definitions of words and phrases found in this document:
- “App” refers to our Nexercise software made available for you through Apple iTunes or Google Play or Amazon Marketplace;
- “Nexercise” refers to our company, known as “Nexercise, Inc.”; our Site; our Apps; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;
- “Service” refers to the services that we provide, including our App, our Site, and referring you to a third party apparel provider;
- “Site” refers to our website, www.nexercise.com;
- “App” refers to our mobile applications;
- “User” refers to users of our App and visitors to our Site;
3. Information Collected
Whenever you visit our Site or use our App, we may collect non-identifying information from you, such as your IP address, referring URL, browser, operating system, cookie information, and Internet Service Provider. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or some sort of Jedi mind-reading trick, this information alone cannot usually be used to identify you.
4. Use of Your Information
We may use your information to:
- Enhance or improve User experience, our Site, our App, or our Service.
- Send e-mails about our Site or our App, or respond to inquiries.
- Send e-mails and updates about Nexercise or third parties (only stuff we think is good; no letters from Nigerian princes who need your online banking passwords and a high resolution copy of your signature to give you a million dollars).
- Aggregate information about exercise habits, without your personal information, to use ourselves or sell to third parties, whether it’s for science, marketing, or some sort of Guinness Book of World Records attempt.
- Perform any other function that we believe in good faith is necessary to protect the security or proper functioning of our Site, our App, or Service.
5. Accessing, Editing, and Removing Your Information
Users may in some cases be able to review and edit the personal information they have provided to us by logging into and editing their account. Although most changes may occur immediately, information may still be stored in a web browser’s cache. We take no responsibility for stored information in your cache, or in other devices that may store information, and disclaim all liability of such. In addition, we may, from time to time, retain residual information about you in our backup and/or database.
We can’t stop creepy people from copying and saving anything you make public, even if you delete it after, so please don’t make anything public unless you want it to be public forever.
7. Third Party Websites and Apps
Nexercise or one of its illustrious Users may post links to third party websites or apps on its Site or in its Apps. These third party websites and apps are not screened for privacy or security issues by Nexercise, and you release us from any liability for the conduct of these third party websites or apps.
8. Third Party Access to Your Information
Believe it or not, Nexercise is not all-powerful and cannot fix all of its own server issues or do all of its own repairs and upgrades. Although you are entering into an Agreement with Nexercise to disclose your information to us, we do use third party individuals and organizations to assist us, including contractors, web hosts, and others.
Throughout the course of our provision of our Service to you, we may delegate our authority to collect, access, use, and disseminate your information. For example, our web host stores the information that you provide us, and we may hire outside contractors to perform maintenance or assist us in securing our website or App.
We try not to hire computer repairmen with eye patches and prison tattoos, but we still can’t be 100% sure of their background. You agree not to hold us liable for the actions of any of these third parties, even if we would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any tort or other actionable wrong against you.
9. Release of Your Information for Legal Purposes
Sometimes the feds or the KGB or someone with a Junior Detective badge from a cereal box may try to get your information from us. We’ll try to weed out the flakes, but if someone appears to have a bona fide legal dispute with you (like they’re the po-po or a plaintiff in a case or potential plaintiff in a case against you), we’ll probably spill the beans about you. Please make sure you use our Service only for legal purposes and this shouldn’t be a big deal.
10. Yes, we do take no for an answer
However, we’re not a company with nothing other than a P.O. Box in Moscow as our contact information, and if you ask us to remove you from our list, we’ll be happy to do it.
11. Security Measures
We take certain measures to enhance the security of our Site, our Apps, and Service, such as the use of SSL Certificates and letting the mole people guard our servers deep under the earth’s crust. However, we make no representations as to the security or privacy of your information. It is in our interest to keep our website and App secure, but we recommend that you use anti-virus software, firewalls, and other precautions to protect yourself from security threats.
12. Your Rights in the Golden State
If you’re under 13, and you’ve already read our Terms of Service, you should know better. Go away! Congress says exercise is dangerous for you, and we cannot fight Congress.
If you become aware of a minor using our Service, please report them so we can tell their principal on them and make them write “I WILL NOT IGNORE NEXERCISE’S TERMS OF SERVICE” on the chalkboard fifty times. If you are a User who is reported in this manner, we may require you to provide suitable proof of age, such as a copy of government identification, in order to continue using our Site, our App, and/or Service.
14. International Transfer
Last Modified: March 28, 2013