Certain features, products or software that you use, or purchase or download from our website may be subject to additional terms and conditions presented to you at the time that you use, purchase or download them. In addition, some areas of our site may be provided by our third party partners and are subject to separate terms and conditions of use, which are posted within those areas.
Rules of Conduct
There are a few rules of conduct that you are required to follow when you use this website:
If you post or submit something to this site, such as comments or other content, do not post anything that:
You also must site.
infringes any third party intellectual property right (such as copyrights), is defamatory (i.e., something that is negative and untrue about another person or entity), divulges another person's or entity's confidential or private information or trade secret (except with that person or entity’s clearly expressed written consent), is fraudulent, unlawful, threatening, harassing, abusive, obscene, or discriminatory, encourages criminal conduct, advertises or solicits business for products or services other than those that are offered and promoted on this site, or contains any virus, malware, spyware or other harmful content or code.
comply with all applicable laws and contractual obligations when you use this
Ownership of Site Content and Submissions
Please do not send us your ideas for our business. We are always thinking and creating, and we may have similar ideas of our own. To avoid any disputes between us relating to ideas that you have submitted to us you agree that, if you send us your ideas, you are giving us the right to use them, and you waive and release us from claims that we have used your ideas without your permission.
Responsibility for Public Postings and Content
Responsibility for what is posted in public areas of our website lies with each user - you alone are responsible for the material you post or otherwise make available in public areas of our site. You alone are responsible for assessing the credibility of other user postings. We do not control the material that you or others may post or otherwise make available in such areas, and you understand that we have no obligation to monitor any such material or to edit or delete it. However, we reserve the right do so. We are not a publisher of user posts, and we are not responsible for their accuracy or legality.
Site Registration and Log In
To access certain features or areas of this site, you may be required to provide personal, gym/club membership, health plan information and/or demographic information as part of a site registration or log-in process. In addition, certain features of our site are only available to our members, and to access those areas of the site you will be required to log in using your username and email password.
You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up-to-date (this includes your contact information, so that we can reliably contact you). The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information.
You are responsible for all activity occurring when this site is accessed through your account, whether authorized by you or not. Therefore, if you create an account, be sure to protect the confidentiality of your account password. We are not liable for any loss or damage arising from your failure to protect your password or account information.
The communications between you and us via this site use electronic means, whether you visit this site or send us an email, or whether we post notices on this site or communicate with you via email or other electronic media or networks. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
Spott3r is a company that provides services related to wellness, health and fitness in general. Spott3r does not provide medical services. The health, wellness or fitness information contained in this site is intended for information purposes only, and Spott3r makes no representations as to it accuracy or suitability for any particular situation. It is not intended as medical advice for individual conditions or treatment, it is not a substitute for a medical exam, and it does not replace the need for services provided by medical professionals. Talk to your doctor or pharmacist before taking any medication (including any herbal medicines or supplements). Only your doctor or pharmacist can provide you with advice on what is safe and effective for you. Follow the advice of your physician with respect to engaging in any exercise program.
Copyright Infringement Notices
Changes to This Site
We reserve the right to make changes to, or to suspend or discontinue (temporarily or permanently), this site or any portion of this site. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.
Suspension or Termination of Access
We welcome links to this site so long as: (i) this site opens in a new browser window which displays the full version of a page of this site (e.g., not merely one of its frames, and not an "in-line" link to a particular image or object on this site), (ii) the link to this does not state or imply any sponsorship of your website or service by us or by this site; and (ii) this site is not display framed within or obfuscated by other content. You may not use on your site any trademarks, service marks or copyrighted materials appearing on this site, including but not limited to any logos, without our express written consent. We reserve the right to revoke your right to link to this site upon notice. If you receive such a notice from us, you agree to discontinue your link to the site.
We control and operate this website from our facilities in the United States of America, and unless otherwise specified, the materials displayed on this website are presented solely for the purpose of promoting products and services available in the United States, its territories, possessions, and protectorates. We do not represent that materials on this site are appropriate or available for use in other locations. If you choose to access this site from other locations, you are responsible for compliance with local laws, if and to the extent local laws are applicable.
Applicable Law; No Waiver; Severability
Binding Individual Arbitration
Purpose. The term “Dispute” means any dispute, claim, or controversy between you and us or any of our affiliates regarding this website or any service thereon, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Section (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced. If you have a Dispute with us or any affiliate of ours or any of our or their officers, directors, employees or agents that cannot be resolved through negotiation within the time frame described in the “Notice of Dispute” clause below, other than those matters listed in the Exclusions from Arbitration clause, you and the entity that you have a Dispute with agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section, and not litigate any Dispute in court. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
Exclusions from Arbitration. YOU AND US AND OUR AFFILIATES AGREE THAT ANY CLAIM FILED BY YOU OR BY US OR OUR AFFILIATE IN SMALL CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION.
Notice of Dispute. IF YOU HAVE A DISPUTE WITH US OR ANY OF OUR AFFILIATES, YOU MUST SEND WRITTEN NOTICE TO COMPLAINTS@SPOTT3R.COM TO GIVE US OR OUR AFFILIATE YOU HAVE A DISPUTE WITH THE OPPORTUNITY TO RESOLVE THE DISPUTE
INFORMALLY THROUGH NEGOTIATION. You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute. If we or our affiliate you have a Dispute with does not resolve your Dispute within 60 days from receipt of notice of the Dispute, you, us or our affiliate you have a Dispute with may pursue your claim in arbitration pursuant to the terms in this Section.
Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION, UNLESS BOTH YOU AND THE ENTITY WITH WHICH YOU HAVE A DISPUTE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.
Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or the entity you have a Dispute with elect to resolve your Dispute through arbitration, the party initiating the arbitration proceeding may initiate it with the American Arbitration Association (“AAA”), www.adr.org, or JAMS www.jamsadr.com. The terms of this Section govern in the event they conflict with the rules of the arbitration organization selected by the parties.
Arbitration Procedures. Because the software and/or service provided to you by the entity you have a Dispute with concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, applicable federal or state law may also apply to the substance of any Disputes. For claims of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”) shall apply including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $75,000, the AAA’s Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Further, if your claims do not exceed $75,000 and you provided notice to and negotiated in good faith with the entity you had a Dispute with as described above, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys’ fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to the entity you have a Dispute with or you. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration. You or the entity you have a Dispute with may initiate arbitration in either New York County, New York or the county in which you reside. In the event that you select the county of your residence, the entity you have a Dispute with may transfer the arbitration to New York County, New York in the event that it agrees to pay any additional fees or costs you incur as a result of the change in location as determined by the arbitrator.
Severability. If any clause within this Section (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Section, and the remainder of this Section will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section will be unenforceable, and the Dispute will be decided by a court and you and the entity you have a dispute with each agree to waive in that instance, to the fullest extent allowed by law, any trial by jury.
CITY OF NEW YORK, AND AGREES NOT TO PLEAD OR CLAIM IN SUCH COURTS THAT ANY SUCH ACTION HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
Disclaimer of Warranties
WE PROVIDE THIS SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED (INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT).
IF YOU PURCHASE A PRODUCT OR SERVICE FROM A THIRD PARTY AFTER FOLLOWING AN AD OR LINK ON OUR SITE, THE TERMS OF SALE FOR YOUR PURCHASE ARE BETWEEN YOU AND THE THIRD PARTY FROM WHOM YOU MADE THE PURCHASE. WE ARE NOT RESPONSIBLE FOR SUCH THIRD PARTY PRODUCTS OR SERVICES OR FOR DISPUTES BETWEEN YOU AND THEIR SELLERS.
YOU AGREE THAT USE OF THIS SITE IS AT YOUR OWN RISK. ALTHOUGH WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THIS SITE IS ACCURATE AND UP-TO-DATE, WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION AT ANY TIME. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, TIMELINESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THIS SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THIS SITE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE ARE NOT RESPONSIBLE FOR ANY CONTENT OR MATERIALS POSTED TO OUR SITE BY USERS, NOR FOR DISPUTES BETWEEN USERS, OR BETWEEN USERS AND THIRD PARTIES.
THESE DISCLAIMERS APPLY TO US AND OUR AFFILIATED AND RELATED COMPANIES AS WELL AS THIRD PARTIES THAT ARE INVOLVED IN THE CREATION, PRODUCTION OR DISTRIBUTION OF THE SITE, AND ANY OF THEIR EMPLOYEES AND AGENTS.
Limitations of Liability
IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
EXEMPLARY OR PUNITIVE DAMAGES) ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THIS SITE (OR THE CONTENT, MATERIALS AND FUNCTIONS PROVIDED AS PART OF THIS SITE), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY, EVEN IF WE KNEW, SHOULD HAVE KNOWN OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING AND WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OF ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY RELATING TO THE USE OF THIS SITE, WILL NOT EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO US, IF ANY, FOR USE OF THE SITE, OR, IF APPLICABLE, FOR USE OF THE SPECIFIC SITE FEATURE OR SERVICE FROM WHICH THE CLAIM IN QUESTION FIRST AROSE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.)
Last Updated: [09Jan2013]
Information Collection and Use
We request information from the user on order forms. To make an order for a service, the user must have logon access to our site, and must have provided contact information (like name and address) and possibly financial information (like credit card number, expiration date). This information is used for billing purposes and to provide services. If we have trouble processing an order, this contact information is used to get in touch with the user.
We use IP addresses to analyze trends, administer the site, track user's movement, and gather broad demographic information for aggregate use.
We will share aggregated information (including IP address usage information) such as purchase trends and demographic data. This is not linked to any personal information that can identify any individual person.
We may use outside companies to ship products to a user's home or office. These companies do not retain, share, store or use personally identifiable information for any secondary purposes.
We may partner with other parties to provide specific services. We may contract with third party vendors to assist us in delivering our services to our customers. These vendors include claims processors, data processors and fulfillment houses. They perform services on our behalf to our customers. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.
This website contains links to other sites. Please be advised that Spott3r is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by the Spottt3r website.
From time-to-time our site requests information from users via surveys. Participation in these surveys is completely voluntary and the user also has a choice to fill out the survey anonymously. Information requested may concern Spott3r processes, website usage, planned purchases and requested features. Contact information will be used to verify the validity of the input. Survey information will be used for the purposes of monitoring or improving the use and satisfaction of this Spott3r website or for future product development. The survey text itself may also indicate other permitted uses at the time. If you proceed with a survey after such notice of other uses, such uses shall be understood to be permitted by you.
Spott3r takes precautions to protect our users' information. When users submit sensitive information via the website, your information is protected both online and offline.
When our registration/profile asks users to enter sensitive information such as date of birth, home address, or financial information that information is encrypted using SSL. During this process, the user creates a username and password that establishes their account. Once the account is established, users must log on to update their profile, place orders or review account status all of which are done on secure pages. While on a secure page, such as the registration or 'MyAccount' page, the icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer will show a 'locked' status.
While we use SSL encryption to protect sensitive information online, we also take steps to protect user-information off-line. All of our users' information, not just the sensitive information mentioned above, is restricted in our offices. Only employees or contractors who need the information to perform a specific function such as customer support - are granted access to personally identifiable information. Our employees or contractors must use password-protected screen-savers when they leave their desk. When they return, they must re-enter their password to re-gain access to any applications.
All employees and contractors are kept up-to-date on our security and privacy practices. Every quarter, as well as any time new policies are added, our employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure our customers' information is protected. Finally, the servers that we store personally identifiable information on are kept in a secure environment.
If you have any questions about the security at our website, you can send an email to firstname.lastname@example.org.
Confirmation Email & Selected Correspondence
We send all new members a confirming email to verify user information and transactions. Established members may periodically receive information on products and service enhancements or survey requests regarding the use of our site. Out of respect for the privacy of our users we present the option of not receiving certain types of communications. Please see our opt-out statement below.
Updating Personal Information
If a user's personally identifiable information changes such as the address, we provide a way to correct, update or remove personal data that is provided to us. This can be done via the website.
Our users are given the opportunity to opt-out of receiving communications not directly related to our site. For example, we may survey our users for information about their use of our site and services or about their interest in possible new products and service enhancements. Information on how to opt-out is included in our user agreement and can be made by contacting our customer service center.
Users who no longer wish to receive our correspondence or promotional materials from us or any partner acting on our behalf may opt-out of receiving these communications by replying to unsubscribe in the subject line of the email or by emailing us at email@example.com.
Notification of Changes
Though we make every effort to preserve your privacy we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on Spott3r or its affiliates.
228 Park Ave South #66436
New York, NY 10003-1502
(888) 333-2457 / (646) 543-3316