Accuracy of Information. To become a member you shall provide current, complete and accurate information as requested. In the event that you provide untrue, inaccurate, incomplete or not current information, QualityLife may terminate this Agreement and your license to access and use QualityLife Services at any time. You are required to complete a 2020 Par-Q+ Questionnaire regarding your medical conditions, which information must be supplemented in the event of any significant change that could affect your safe use of QualityLife Services, and in the event, you provide any incomplete or inaccurate information on the Questionnaire, or otherwise fail to supplement, QualityLife may terminate your membership immediately.
Eligibility. You represent and warrant that you are least 18 years old and have the right to contract in your own name. You also represent and warrant that you reside in the United States, have not been previously suspended or removed from QualityLife, and you possess the legal right and ability to enter into the Agreement.
Account Security. You are responsible for all activity that occurs under your account. You are responsible for maintaining the confidentiality of your username and password. Any use of your account by any person other than yourself is grounds for suspension or termination of your account. You agree to promptly notify us of any unauthorized use of your username, password or other account information that you become aware of. QualityLife will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge.
No Show Policy. You agree in the event you need to cancel or reschedule an appointment with QualityLife, you will contact our office no later than 12 hours prior to your scheduled appointment. Any member who fails to show, cancels an appointment, or reschedules an appointment without contacting our office with at least 12 hours’ notice will be considered a “No Show” and forfeits the scheduled appointment. If a third “No Show” occurs QualityLife reserves the right to cancel all future appointments.
We understand there may be times when an unforeseen emergency occurs and you may not be able to keep your scheduled appointment. If you should experience extenuating circumstances please contact our office, and we may be able to waive the “No Show”. You may contact QualityLife Fitness 24 hours a day, 7 days a week at the following email:
Reservation of Rights. If you are an active member with a “Paid Monthly Membership” pursuant to a Membership Agreement or Corporate Membership Agreement, you will have access to all QualityLife Services. However, QualityLife reserves the right to suspend or terminate your access to the QualityLife Services for any reason or no reason in its sole and absolute discretion.
Personal and Payment Information. You agree to provide true, accurate, current and complete information when you sign up for an offer or purchase any QualityLife Services. By providing any debit or credit card information, you represent that such payment information is correct and belongs to you, or you have the authority to use such card. You are responsible for promptly updating your information with any changes to keep your billing information current.
Term/Memberships. The QualityLife Services are offered on a month-to-month basis. You agree such services will automatically renew, and unless you cancel at least two weeks prior to the automatic renewal date, you authorize us to charge your card for the services in your membership plus any applicable taxes. If you purchased a membership with a free trial period, you authorize us to charge your card when the free trial period ends, unless you cancel your membership before the free trial period ends. You will not receive a notice from us that your free trial period has ended.
QualityLife does not review, monitor or control any Third-Party Services, Third-Party advertisements, User Generated Content or any opinions, advice, statements or other information provided therein. QualityLife does not endorse or adopt these Third-Party Services and accepts no responsibility for the quality, content, nature, reliability, or damage resulting from your reliance on the content posted on any Third-Party Services, including those services accessible from QualityLife Services. There is no implied affiliation or endorsement. These Terms are between you and QualityLife only, excluding the Third-Party. You must also comply with all applicable third-party terms of service. QualityLife will not, under any circumstances, be responsible for any loss or damage resulting from your use or reliance on any third-party, the Third-Party Services or its terms.
Medical Disclaimer. QualityLife Services do not constitute medical advice, professional healthcare advice, or clinical services. QualityLife Services are provided for informational purposes only, and are not intended to diagnose any medical condition. It is critical that you are truthful and current in your 2020 Par-Q+ Questionnaire, that you consult your physician or other healthcare provider for necessary medical or appropriate care, and obtain appropriate authorization before accessing or using any QualityLife Services. The information made available through QualityLife Services should not be relied upon when making medical or other important healthcare decisions. Your use of any QualityLife Services does not create a doctor-patient, professional-client, or similar relationship between you and QualityLife or any such person working for QualityLife.
Nutrition. QualityLife provides nutrition plans with our fitness programs. While our nutrition information is designed to safely align with our programs, you must consult with your physician or other licensed healthcare provider before beginning any nutrition plan or altering any dietary regimen. QualityLife Services are not a substitute for professional care or advice. If you have or suspect you have a medical or psychological problem, you should consult your medical doctor or other related professional healthcare provider.
You FULLY UNDERSTAND that: (a) the QualityLife Services involve risks and dangers of SERIOUS BODILY INJURY, INCLUDING BUT NOT LIMITED TO PERMANENT DISABILITY, PARALYSIS AND DEATH (“Risks”); (b) these Risks and dangers may be caused by your own actions, inactions, the actions or inactions of others participating in the QualityLife Services, the conditions in which the QualityLife Services take place, or THE NEGLIGENCE OF THE RELEASEES DEFINED BELOW; (c) there may be other risks and social and economic losses either not known to you or not readily foreseeable at this time and YOU FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES incurred as a result of your access to, use of, and/or participation in the QualityLife Services.
YOU HEREBY FULLY AND FOREVER WAIVE, RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS QualityLife, and its administrators, directors, agents, officers, members, volunteers, independent contractors, employees, other participants, any sponsors, advertisers, and if applicable, owners and lessors of premises on which the qualitylife services take place (collectively, the “Releasees”) from any and all claims, ALLEGATIONS, DAMAGES, LOSSES OR LIABILITIES OF EVERY TYPE, WHETHER OR NOT FORESEEABLE, THAT ARE IN ANY WAY RELATED TO OR ARISE FROM THE QUALITYLIFE SERVICES AND/OR CAUSeD OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS.
Dispute Notice. You agree that before initiating any Dispute or arbitration proceeding, you must send a Notice of Dispute (“Notice”) by certified mail to QualityLife Fitness, LLC at 871 Finley Drive, Aurora, Illinois 60504. In the Notice, you must include your name, address, phone number, the facts giving rise to the Dispute, and the relief requested. If an agreement is not reached between the Parties within sixty (60) days of receipt of the Notice, either Party may commence an arbitration proceeding. Both Parties agree to act in good faith to seek to resolve the Dispute before and during arbitration.
Class Action Waiver. Both Parties agree that neither will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLAIM YOU MAY HAVE AGAINST QUALITYLIFE, INCLUDING ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS, INCLUDING ANY INITIATED BY ARBITRATORS.
Time Limitation. You agree that any Dispute arising out of or related to QualityLife Services or your relationship to QualityLife must be filed within one year after such dispute, claim or cause of action arose or be forever barred, regardless of any statute or law to the contrary.
Opt-Out. If you do not wish to be bound by the arbitration and class action waiver provisions in this section, you may elect to opt-out in writing within thirty (30) days of the date that you first use the QualityLife Services or thirty (30) days from the date this section was last updated (unless a longer period is required by applicable law). Your written notification must include your name, mailing address, the email address you used to set up your account, and a statement that you do not wish to resolve disputes with us through arbitration. You must mail your opt-out notice to QualityLife Fitness, LLC at 871 Finley Drive, Aurora, Illinois 60504. If you do not notify us, you agree to be bound by the arbitration and class-action waiver provisions set out above, including any revisions we make to these Terms.
Fees. Both Parties’ arbitration fees are set forth in the JAMS Rules for Arbitration of Consumer-Related Disputes.
Survival. This arbitration section will survive the termination of your relationship with us. If any of the other provisions of this section is found to be unenforceable under applicable law, then such provisions will be null and void and severed from this Agreement.
Contact Information. QualityLife collects Personal Information that you provide while communicating with us and using the QualityLife Services. You may provide your name, date of birth, phone number, address, email address, and additional information directly to us when you sign up for a consultation and/or an account.
Account Information. You may provide a username and password, age, height, weight, injuries, home city or town, profile image, disabilities and medical conditions when you create an account with us and complete our forms, such as the 2020 Par-Q+ Questionnaire.
Fitness Information. We may gather workout history, classes taken and online content viewed, food and nutritional information, and any additional fitness information that you provide through the QualityLife Services. By viewing the videos provided in the QualityLife Services, you agree that QualityLife can track your video viewing history.
Financial Information. You may provide your credit card information and any additional related information when making a purchase or when a payment method is requested to activate a membership. We may also collect data regarding your order history and other transactions you may have completed with us.
Functionality. We may collect the date and time you access the QualityLife Services, your preferences and your interests to offer enhanced functionality. We may also collect technical information that we may automatically receive when you use our online services, including information regarding the device or browser you used to access the QualityLife Services, such as an IP Address. Technical information may be collected using cookies provided by your device or other similar technologies.
Services. QualityLife uses Personal Information to generally manage individual accounts, and maintain and administer the QualityLife Services. We may use your Personal Information to customize the QualityLife Services, analyze how you use the QualityLife Services, monitor your performance, and provide you with the information and services we believe will be useful and relevant to you.
Communications. We may use your Personal Information to communicate with you regarding the QualityLife Services, provide feedback regarding your fitness and wellness, and to provide maintenance support for the QualityLife Services.
Research and Improvements. We may use the Personal Information that we collect to analyze and enhance the effectiveness of the QualityLife Services and to develop new services and products. We may also use Personal Information to create non-identifiable information that we may use to improve the QualityLife Services.
Marketing. We, or our third-party advertising partners, may use your Personal Information to market and advertise the QualityLife Services, and provide you with promotional materials that may be useful and relevant to you, as permitted by applicable law. QualityLife may provide these materials by phone, mail, text or email, as permitted by applicable law.
Security. QualityLife uses information to verify identities. We may also use your Personal Information to prevent, investigate and deter harmful and unauthorized illegal activities.
Personal Trainers. QualityLife may share your Personal Information with personal trainers, including, but not limited to, your workout history, answers to the 2020 Par-Q+ Questionnaire, and any other fitness information you provide.
Service Providers. QualityLife may use your Personal Information to process any payments made for the QualityLife Services. By making any payments for the QualityLife Services, you authorize QualityLife to provide your payment information to payment processors, or any other company acting as billing agents for us, to process all payments, including Vagaro or any other service provider QualityLife so chooses. We may also share your information with third-party advertising partners, delivery companies, and any other service provider QualityLife uses to provide its services, including but not limited to TrueCoach.
Third-Party Platforms and the Public. Your information may be shared with other users and the public through your use of third-party platforms such as social media websites.
Professional Advisors. We may share your information with lawyers, insurers, auditors, and any other professional advisors whenever needed or required.
Law Enforcement. We may share your information with law enforcement agents and government authorities when it is required by law or we have a reasonable belief that it is necessary or appropriate.
Business Transactions. We may share your Personal Information with third parties who may enter into a merger, consolidation, acquisition or sale of QualityLife.
Opt-out. You may opt-out of certain uses and disclosures of your Personal Information. If you would like to opt-out, please send a detailed request to firstname.lastname@example.org. If we cannot process your request, we will provide an explanation as to why the request was denied.
Marketing. You can opt-out of receiving promotional emails and text messages from us by unsubscribing as provided in the email or text you receive or by emailing QualityLife at email@example.com. You can opt-out of receiving text messages from us by replying to any text you receive with “STOP”. However, we may still send you updates via email or text that are important to the QualityLife Services as permitted by applicable laws. It may take up to 72 hours for you to be unsubscribed to the marketing communications.
Account. If you have an account with QualityLife, then you may access and update or correct your Personal Information at any time by logging into your account through our QualityLife Services. If you believe that there is an error or information is missing and you are not allowed to correct or update the information, please email us at the email address stated below. You may also request access to Personal Information that QualityLife has about you by emailing us at said email. We will process the request within a reasonable time, and will provide you with copies of the information requested or a summary of the information in our possession. If we cannot process your request, we will provide an explanation as to why the request was denied. QualityLife may charge a fee for any information provided, as permitted by law.
In the event you want to delete your account, you can email us at the email address below. We may verify that you are the authorized user to the account by asking for Personal Information before we can delete your account. Please note, some information may remain in our possession upon the deletion of your account.
Cookies. Cookies are pieces of information that are stored by your device. If you do not want QualityLife to collect information with cookies, you may restrict or disable certain cookies through your device. Please be aware if you disable or reject cookies, some features of the QualityLife Services may not work properly.