Privacy Policy

Updated on October 1, 2015

To Our Individual Clients

Your privacy is important to us, and maintaining your trust and confidence is one of our highest priorities. We respect your right to keep your personal information confidential and understand your desire to avoid unwanted solicitations. Providing personal information is an act of trust and it is taken seriously. Unless given consent to do otherwise, Fat Club will only collect and use personal information as set out below. We are disclosing this policy to you so that you will have a better understanding of what we do with the information you provide us and how we keep it private and secure. Except as otherwise described in this notice, we restrict access to nonpublic personal information about you to principals, agents, members, employees, and volunteers of Fat Club who must use that information to provide services to you. Thank you for allowing us to serve all your fitness and health needs. We value your business and are committed to protecting you privacy. Please contact us if you have any questions or if we can be of further service.

What Information Do We Collect?

We collect information from you when you register on our site, place an order or fill out a form. When ordering or registering on our site, as appropriate, you may be asked to enter your name, e-mail address, mailing address, phone number and credit card information. You may, however, visit our site anonymously.

What Do We Use Your Information For?

Any of the information we collect from you (excluding any non-public personal information such as credit card numbers, passwords, or any government-issued personal identifiers) may be used in one of the following ways:

  • To personalize your experience (Your information helps us better respond to your individual needs)
  • To improve our website (We continually strive to improve our website offerings based on the information and feedback we receive from you)
  • To market our services (We may share or sell information with third parties for marketing or other purposes without your consent.)
  • To administer a contest, promotion, survey or other site feature
  • To send periodic emails
    Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
  • To send periodic text (SMS) or Voice Messages (The phone or mobile number you provide may be used to send information and updates pertaining to your order in addition to receiving occasional company news, updates, special offers, or related product or service information, etc.)
    Note: If at any time you would like to unsubscribe from receiving future text (SMS), we include detailed unsubscribe instructions in each correspondence.

How Do We Protect Your Information?

We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter submit. We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database which is only accessible by those granted special access rights to such systems who are required to keep the information confidential. After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.

Do We Use Cookies?

Yes (Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information. We use cookies to help us remember and process the items in your shopping cart, understand and save your preferences for future visits and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our services may not function properly.

Do We Disclose Any Information To Outside Parties?

Yes. We may share your non-private information with third parties for marketing purposes.

Third Party Links

Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

California Online Privacy Protection Act Compliance

Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent. As part of the California Online Privacy Protection Act, all users of our site may make any changes to their information at any time by emailing them to info@fcvitality.com.

Children’s Online Privacy Protection Act Compliance

We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act).

Online Privacy Policy Only

This online privacy policy applies only to information collected through our website and not to information collected offline.

Your Consent

By using our site, you consent to our privacy policy.

Can I Opt Out

If you prefer that we do not disclose your information to any third parties, email us at info@fcvitality.com.

Changes to our Privacy Policy

If we decide to change our privacy policy, we will post those changes on this page, send an email notifying you of any changes, and/or update the Privacy Policy modification date above.

Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information below.
www.fcvitality.com
3905 State Street, Suite 7201
Santa Barbara, CA 93105
info@fcvitality.com

Contacting Fat Club

You may contact us by email at info@fcvitality.com; by mail to Fat Club, LLC, 3905 State Street, Suite 7201, Santa Barbara, CA 93105 Attn: Customer Service (provide your first and last name, and email address).

Disclaimers and Limitation of Liability

Users of our Website (individually and collectively, "User") expressly agree that use of the Website is at User's sole risk. Neither Fat Club, nor its principals, agents, members, employees, volunteers or Providers, warrant that the Website will be uninterrupted or error-free; nor do they warrant or make any representation regarding the use of the information provided on the Website or the results that may be obtained from the use of the information provided on the Website, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through the Website. Fat Club does not endorse, recommend, or sponsor and is not affiliated with any individuals or entities listed or linked on the Website unless that fact is expressly stated. The listing of any individual or entity does not constitute a medical referral of any kind. Users are advised to exercise their own further informed review, judgment, and evaluation in the selection of any and all medical professionals and health information. THE WEBSITE IS PROVIDED BY FAT CLUB ON AN "AS IS" AND "AS AVAILABLE" BASIS. FAT CLUB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR INDIVIDUALS INCLUDED OR LISTED ON THE WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FAT CLUB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL FAT CLUB OR ITS PROVIDERS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND BUSINESS INTERRUPTION LOSS, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE WEBSITE OR THE USE OF THE INFORMATION OR THE RESULTS OF THE USE OF THE INFORMATION PROVIDED ON THE WEBSITE, EVEN IF FAT CLUB IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OTHER MATTER RELATING TO OUR WEBSITE. YOUR SOLE REMEDY WITH RESPECT TO ANY DISPUTE IS TO DISCONTINUE YOUR USE OF THE WEBSITE. IN NO EVENT SHALL FAT CLUB’S LIABILITY EXCEED THE PRICE YOU PAID FOR A PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY FAT CLUB OR ITS PROVIDERS SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. Under no circumstances shall Fat Club or any other party involved in creating, producing, or distributing the Website be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Website, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to the Website's records, programs, or services. User acknowledges that this paragraph shall apply to all content, merchandise and services available through the Website. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law. Any product, offering, content and material downloaded or otherwise obtained through the use of this website is done at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such product, offering, content or material. Neither Fat Club, any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant or make any representations regarding the use or the results of the use of the products, offerings, content and materials in the Website in terms of their correctness, accuracy, reliability, or otherwise. No advice or information, obtained by you from our personnel or through the Website shall create any warranty not expressly provided for in these Terms and Conditions.

Online Conduct

You acknowledge that all Content posted, emailed or otherwise transmitted to or on the Fat Club Website and Fat Club social media pages (Facebook, Twitter, Google+, Instagram, Pinterest, YouTube, etc.), whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the “Postings”), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email, or otherwise transmit to the Website. We do not control the Postings posted, emailed or otherwise transmitted on the Website by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of the Website (as set forth below), you understand that by using the Website, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through the Website. Please refer to Fat Club’s Privacy Policy on our website, the terms of which are included herein by reference, for the provisions governing use of our website.

Links to Other Sites

The Website may reference or link to third-party sites throughout the World Wide Web. Fat Club has no control over these third-party sites or the content within them. Fat Club cannot and does not guarantee, represent or warrant that the content contained in these third-party sites is accurate, legal, or inoffensive. Fat Club does not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. Fat Club does not assume any responsibility or liability for the actions, product, services, and content of all these and any other third parties. If you choose to link to or use a third-party website, you should carefully review such third party's privacy statement and other terms and conditions of use. By using the Website to search for or link to another third-party site, you agree and understand that you may not make any claim against Fat Club for any damages or losses, whatsoever, resulting from your use of the Website to obtain search results or to link to another site.

Indemnity

You agree to defend, indemnify, and hold Fat Club and Providers 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 these Terms and Conditions, and your further agree that any violation by you of these Terms and Conditions shall constitute a full defense in avoidance of any claim that you may make against Fat Club, and that no liability may attach to Fat Club in case of such violation by you.

Applicable Law

The Website is created and controlled by Fat Club in the State of California. The laws of the State of California will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. Fat Club reserves the right to make changes to its Website and these disclaimers, terms and conditions at any time.

Arbitration Agreement

Any controversy or claim arising out of or relating to this Agreement or the use of this website shall be determined exclusively by arbitration in accordance with the rules of the American Arbitration Association, by a neutral arbitrator in a location within one hundred (100) miles of User’s address where such arbitration shall be held. The decision of the arbitrator shall be final and binding. If either party refuses to comply with a ruling or decision of the arbitrator and a lawsuit is brought to enforce said ruling or decision, the refusing party shall pay all court costs and reasonable attorney’s fees incurred in enforcing said ruling or decision of the arbitrator. The parties agree that each may bring claims against the other in arbitration only in their individual capacity, and not as a plaintiff or class member in any putative class or representative proceeding. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then it shall be severed without affecting the entirety of this provision.

Copyrights

Copyright ©2019 Fat Club, LLC (Fat Club, fcvitality.com and/or DeathToFat.com). All rights reserved. All materials and contents contained in the Website (including but not limited to the text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software), and the Website itself, are copyrighted materials belonging exclusively to Fat Club [or its content suppliers] and are protected by United States and international copyright law. Fat Club enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate, including the remedies provided for under sections 501 et seq. of Title 17 of the U.S. Code. All rights are reserved. Fat Club is a trademark of Fat Club, LLC.