Privacy Policy

Welcome to AskJoeFitness.com.  We want AskJoeFitness.com to be your #1 source for fitness, nutrition and health information, products, services and tools. We know that your privacy is important to you, so your privacy as you use our site is very important to us. This privacy policy describes what information we gather from you, how we use that information and what we do to protect it. We hope that this privacy policy is straightforward and clear, but if you have any questions about it, please send an e-mail to 'legal at askjoefitness dot com'.

Information We Gather
Personally Identifiable Information
In order to obtain access to certain portions of the AskJoeFitness.com website, we may ask you to provide us with various pieces of information, some of which may enable us to distinguish you from other users. Certain other areas of the site may ask for additional information on your habits or health. If you are a licensee seeking to make purchases online, we may also ask for identifying information that will enable us to process your orders. This registration information is personally identifiable information because it allows us to contact you and distinguish you from other users.  

Some users may also buy health products, supplements, or other items on our site. If you make purchases through AskJoeFitness.com, we need to gather information relating to the sale, including what you are buying, how you are paying and where you would like the products shipped. However, we will use that transactional information only to complete the transaction, to provide you with an order history and to facilitate future orders. We may also use information about the transaction for aggregate reporting (where we summarize the data in a report that does not contain your personally identifiable information).

We may receive additional personally identifiable information from you through communications with AskJoeFitness.com. If so, we will use that information to fulfill your request. For example, if you e-mail AskJoeFitness.com to ask a question, we may use that information to give you an answer, to make sure that you are satisfied with our answer, and to have a history of our service to you. We may also include your request or communication in an aggregated report of customer service activities in order to improve our service. However, as before such use will only be on an aggregated basis, without revealing any personally identifiable information.  In the event that a question you ask is selected to be answered in a Featured Article, any personally identifiable information will be removed unless you grant express permission for it’s use.

Other Information
In order to maintain and improve AskJoeFitness.com, we also gather some statistical data when you visit the site. The exact information we collect may vary, but can include the date and time of an access to our site, the Internet Protocol address of a computer requesting a page, the pages requested, and computer and connection information such as browser type and operating system. We do not associate this statistical information with your personally identifiable information. Also, if you respond to a poll, we will aggregate your responses with those of other AskJoeFitness.com visitors but we do not associate your response with any personally identifiable information.

Cookies
Although we currently make only limited use of "cookies," at some point in the future we may increase their use.  This Privacy Policy will be updated to reflect that change.  "Cookies" are stored on your computer and contain small amounts of information sent by AskJoeFitness.com to your computer and read by AskJoeFitness.com when you visit the different pages of our website. For example, cookies could allow us to remember your travel path as you navigate about the site or allow you access to submit questions. For more information about cookies, please visit The Privacy Foundation.

How We Use That Information
As noted, we gather information for purposes of providing and improving AskJoeFitness.com for you. For example, we may use the information to allocate system resources and communicate with you about updates and new features, among other things. We also aggregate information supplied by users during registration and information about their use of AskJoeFitness.com to maintain our services and describe our user base to potential partners, investors and advertisers. In providing this aggregated data about our community of users, however, we do not reveal any user's personally identifiable information.

We do not rent, sell, transfer or otherwise disclose your personally identifiable information to any third party, except in limited circumstances set forth here. We may employ other companies to perform functions on our behalf, such as fulfilling orders, delivering packages, providing customer service, sending mail, processing credit card payments, holding live chats, hosting message boards or other functions necessary for us to provide services to you. We may need to share your personally identifiable information with these companies. However, we will provide them with only the information necessary to perform their functions, and will not allow them to use that information for any other purposes.

To enhance our service, we may offer users the opportunity to participate in partnerships we may have with other businesses. If you choose to participate in one of these partnerships (for example, during the registration process), we may share with our partner the personally identifiable information it needs to offer its services to you. In such cases we'll post clear notices to identify the partner. If you're not comfortable with their privacy guidelines or for any other reason, you'll always have the choice not to use those features or services.

We may reveal your personally identifiable information as necessary, if we reasonably believe that you harming or interfering with other AskJoeFitness.com users, anyone else, or violating (either intentionally or unintentionally) our Terms of Use, or infringing any of AskJoeFitness.com's rights, or trespassing on, damaging, or abusing any of AskJoeFitness.com's property.

AskJoeFitness.com will reveal information, including personally identifiable information, to the extent it believes it is required to do so by law. If we are asked by subpoena or other legal means to disclose any of your personally identifiable information we will, if permitted by law, attempt to notify you via any e-mail address we have on file for you at least ten days before we respond to the request.

AskJoeFitness.com may transfer any information, including any personally identifiable information, in connection with a sale of all or most of the assets of the company.

Policy Changes
If we change this privacy policy in any substantial way, we will notify you in advance by posting a notice of the change on our Web site. Changes will not be applied retroactively to information obtained under a previous policy without your express consent.

Terms of Use

Welcome to AskJoeFitness.com. AskJoeFitness.com provides the information, services and programs offered through AskJoeFitness.com (collectively, "Online Services") to you subject to the following Terms of Use ("Agreement"), which may be amended as described below. The current Agreement will always be available for your review here.  By accessing and using the Online Services you agree to the posted Agreement

Description Of Online Services
The AskJoeFitness.com Online Services are provided for your information and entertainment. You understand and agree that our Online Services are intended for general reference purposes only and are not intended to address specific medical or health conditions. Furthermore, you understand and agree that our Online Services are provided "AS-IS" and that AskJoeFitness.com assumes no responsibility for, among other things, any service outages or interruptions, the unavailability of particular features or services, and the inability to access all or part of our Online Services.

Your Use Of Our Online Services
In consideration for providing you with access to our Online Services, you agree to provide true, accurate, current and complete information about yourself when and if prompted to do so by our Online Services' forms. You also agree to update that information as appropriate to keep it accurate. You acknowledge and agree that our Online Services contain proprietary information that is protected by applicable intellectual property and other laws. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, use of our Online Services, and access to our Online Services or any of the content accessible through our Online Services. You also agree not to use our Online Services to:
(a) violate or solicit the violation of any applicable local, state, national or international law;
(b) infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights; and,
(c) interfere with or disrupt our Online Services.
Furthermore, you agree that you will not use any automated device or process, such as a "bot" or a "spider," to copy or extract information or content from our Online Services, except to use such information or content for purposes of listing our Online Services with a search engine or other service designed to direct users to our web site. You further agree that you will not copy, modify, or publicly display any information or content on the site for use in any commercial manner, except to use such information or content for purposes of listing our web site in a search engine or other service directing users to our web site. If you do not fulfill your obligations under this Agreement, at AskJoeFitness.com' sole discretion and without limiting its other remedies, AskJoeFitness.com may terminate your access to part or all of our Online Services. However, our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

Important Provision Regarding Information Related To Health
You agree that our Online Services are not a substitute for professional medical advice or a medical exam. Prior to taking nutritional supplements or participating in any diet or exercise program or activity, you should seek the advice of your physician or other qualified health professional. You agree that no health information provided by our Online Services will be used to diagnose, treat, cure or prevent any medical condition without consulting a licensed physician. Application or reliance on of the techniques, ideas, and suggestions accessed through our Online Services is at your sole discretion and risk. You acknowledge and understand that this site does not provide medical advice. All information contained on this website, including information relating to medical and health conditions, products and treatments, is for informational purposes only. You acknowledge that this information will not be considered complete, will not be used (and is not intended to be used) in place of a visit, call, consultation or advice of your physician or other medical professionals or any information contained on or in any product packaging or labels, and that AskJoeFitness.com does not recommend the self-management of health problems. Information obtained by using the website is not exhaustive and may not reflect the most current medical research or developments. You agree that if you should have any healthcare-related questions, you should call or see your physician or other healthcare provider promptly. You should never disregard medical advice or delay in seeking medical advice because of something you have read on this website, and you should not use the information contained on this website for diagnosing a health problem or prescribing or using a medication. Additionally, the transmission and receipt of information contained on this website, in whole or in part, or communication via the internet or e-mail does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between you and us. Information and statements concerning dietary supplements have not been evaluated by the FDA and are not intended to diagnose, treat, cure or prevent any disease.

Your Privacy
Your privacy is important to AskJoeFitness.com. As a result, we have carefully articulated how we collect and use various types of information. You may review those policies by reviewing our Privacy Policy. By agreeing to these Terms of Use, you also consent to the privacy practices detailed in our Privacy Policy, which may be modified as set out in the Privacy Policy. To the extent you are covered by laws requiring your consent for data transfer to the United States, you agree that your data may be transferred to the United States and collected and used in accordance with our Privacy Policy.

Other Web Sites
Our Online Services sometimes provide links or access to other web sites and resources. As AskJoeFitness.com does not control such sites and resources, you acknowledge and agree that AskJoeFitness.com is not responsible for their availability, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that AskJoeFitness.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of, purchase of, or reliance on any such content, goods or services available on or through any such site or resource.

No Warranty
YOU UNDERSTAND AND AGREE THAT WE, AND OUR LICENSORS AND SUPPLIERS PROVIDE OUR WEB SITE, SERVICES, PRODUCTS AND INFORMATION (INCLUDING ALL INFORMATION ABOUT DRUGS, PRODUCTS, AND THE PREVENTION AND TREATMENT OF DISEASES) "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR LICENSORS AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU FURTHER UNDERSTAND AND AGREE THAT WE, OUR LICENSORS AND OUR SUPPLIERS, MAKE NO WARRANTY AS TO THE RELIABILITY, ACCESSIBILITY, ACCURACY, LEGITIMACY OR QUALITY OF THE SITE OR THE CONTENT AVAILABLE ON THE SITE. YOU AGREE THAT USE OF THE SITE AND ITS CONTENT IS AT YOUR SOLE AND EXCLUSIVE RISK.

Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. Liability Limitation: YOU EXPRESSLY UNDERSTAND AND AGREE THAT ASKJOEFITNESS.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ASKJOEFITNESS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE ONLINE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE ONLINE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE ONLINE SERVICES. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, IF ANY, OR (B) $100. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

Indemnity
You agree to indemnify and hold AskJoeFitness.com and (as applicable) our parent, direct and indirect companies, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.

Modification and Termination
You agree that AskJoeFitness.com may amend this Agreement at any time by posting the amended terms on our site AskJoeFitness.com. All amendments shall automatically be effective 10 days after they are initially posted on our site. Your use of the Online Services following the effective date of any modifications shall constitute your binding acceptance of those modifications. Furthermore, you agree that this Agreement and all incorporated agreements may be automatically assigned by AskJoeFitness.com, in our sole discretion, to a third party in the event of a merger or acquisition. This Agreement may not be otherwise amended except in a writing signed by an officer of AskJoeFitness.com. This Agreement was last modified on January 1, 2009. You agree that AskJoeFitness.com may terminate your right to access AskJoeFitness.com at any time and for any reason whether you violate this User Agreement or not. You further understand and agree that AskJoeFitness.com, at its complete discretion, may remove or alter the Online Services or any of content available through them at any time and for any reason or no reason.

Disputes
This Agreement and your relationship with AskJoeFitness.com shall be governed by the laws of the State of Colorado as such laws are applied to agreements entered into and to be performed entirely within Colorado between Colorado residents, without regard to Colorado's conflict of law provisions. Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out of or related to use of the Online Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Furthermore, you and AskJoeFitness.com agree to submit any disputes arising from this agreement to final and binding arbitration under the Commercial Dispute Resolution Rules of the American Arbitration Association.

Contact Information
These Online Services are offered by AskJoeFitness.com. Except as explicitly stated otherwise, any notices shall be given by e-mail to 'legal at askjoefitness dot com'.

General
Headings in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. This Agreement sets forth the entire and exclusive understanding and agreement between you and AskJoeFitness.com with respect to the subject matter hereof. This Agreement supercedes and cancels all previous and contemporaneous agreements, commitments and writings with respect to this subject matter. You agree that if any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.