Last Update: January 11, 2017

PRIVACY POLICY AND TERMS OF USE

Tivity Health, Inc.TM (“Tivity”) owns and operates this website (the “Site”). Tivity and its affiliates are referred to as “We,” “Us,” or “Our.” “You” or “Your” refers to any visitor to this Site. These pages contain the Privacy Policy and Terms of Use (“Policy”) that govern Your use of this Site.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

By accessing or using this Site, You signify Your agreement to be bound by the terms of this Policy. If You do not agree to all of the terms and conditions of this Policy, do not use this site! From time to time, We may revise this Policy. Any revisions will be effective when We post the revised Policy on this Site. You should regularly review this Policy whenever You enter this Site.

PRIVACY.

The Information We Collect. When You use this Site, We may collect certain information from You, including Personal Information and Non-Personal Information. This Policy applies only to information collected or provided to Us through this Site and not to any information that We collect or You provide us otherwise. Personal Information is information that individually identifies You, such as Your name, address, email address or telephone number. If You do not want Us to use Your Personal Information, You should not submit any Personal Information on the Site. Non-Personal Information is information from which Your identity is not readily identifiable and may include Your internet protocol (or “IP”) address, browser type, operating system, any URLs or pages or content that You access while visiting the Site, and the date and time of such access. Non-Personal Information is usually collected automatically through Your Internet browser or through cookies.

Cookies. Our Site uses cookies. Your Internet browser can be set to reject cookies. Most browsers offer instructions on how to reset the browser to reject cookies in the “Help” section of the toolbar. If You disable cookies, certain of the functions and conveniences of this Site may not work properly.

How We Use the Information We Collect. We may use the information You share with Us in the following ways:

  • administer Your account;
  • provide You with access to particular tools and services;
  • respond to Your inquiries and send You administrative communications;
  • obtain Your feedback on Our sites and Our offerings;
  • statistically analyze user behavior and activity;
  • Provide You and people with similar demographic characteristics and interests with more relevant content and advertisements;
  • conduct research and measurement activities;
  • send You personalized emails or secure electronic messages pertaining to Your health interests, including news, announcements, reminders and opportunities from Tivity or
  • Send You relevant offers and informational materials on behalf of Our sponsors pertaining to Your health interests.

We may combine Personal and Non-Personal Information We collect about You and We may combine this information with information from other sources.

Google Analytics. Google Analytics is a web analysis service provided by Google that utilizes cookies to monitor and provide Us with aggregate data about Site traffic. We may run reports based on the data We collect and We may share the data with other Google services. Google may use the data to personalize and customize the advertisements that are served to You from its advertising network. The Site does not respond to Do Not Track Signals.

User Submissions and Testimonials. You may be provided an opportunity to submit content or feedback, including testimonials (“Your Input”) to Us via this Site. Your Input may be publicly shared; do not provide Us with Your Input if You consider it confidential or do not want that information shared publicly. We may retain Your Input. By submitting Your Input to Us You (a) grant Us all right, title and interest, including all intellectual property rights, in and to Your Input; (b) certify that any person pictured in the Your Input (or, if a minor, his/her parent/legal guardian) authorizes Tivity to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute any material included with Your Input; and (c) You agree to indemnify Tivity and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or Your failure to comply with these the terms described in this Policy. In addition, this Site includes opportunities to publicly comment through third party social media services, i.e. Twitter or Facebook. If You provide information in connection with these services, Your username may be required and may be made publicly available.

Who We share the information with. We may share or transfer information We collect on this Site with other companies or businesses that We acquire, are acquired by, merge or partner with. In the event of any of these transactions, information collected through this Site may be among the assets that are shared or transferred. In the course of doing business, We may contract with third parties to support our activities and We may provide them limited access to Your information as they provide Us with support and assistance with technology, services, data analysis, research, advertising and marketing assistance and/or content in connection with our business and operation and maintenance of this Site, including maintaining and managing Our end-user information. We may also determine We need to share Your information with law enforcement to (a) protect the personal safety or property of Our users or the public; (b) comply with the law or with legal process; (c) protect against misuse or unauthorized use of the Site; or (d) protect and defend Our rights and property.

Third Party Privacy Practices. We may permit third parties to offer You subscription or registration-based services through this Site. This Site may contain links to websites owned by third parties and contain third party advertisements. Such third party sites and advertisements may express opinions, recommendations, or contain other information (“Third Party Content”). We do not endorse, guarantee or make any representations or warranties regarding Third Party Content, including without limitation, that the Third Party Content is accurate. Your use of third party sites and Third Party Content may be governed by such third party’s terms of use or policies. Please review any third party privacy policies before providing Your information on any third party site. We are not liable for or responsible for Your use of third party sites or Third Party Content.

Encryption Technology. This Site incorporates safeguards to protect the security, integrity and privacy of the information We collect, including Secure Socket Layer encryption technology and MD5 encryption algorithm to store passwords. Encryption technology, however, does not absolutely guarantee the privacy of user information disclosed to this Site. 

Security. While We pride ourselves on applying reasonable steps to protect information that You disclose to Us on this Site, We don’t guarantee the security of information You give to Us through this Site. We aren’t perfect and security measures We apply could be penetrated and Your information may then be subject to unauthorized or accidental access, disclosure, misuse or processing, altered, destroyed or lost.

Retention of Information. If You provide information through this Site, it becomes a part of Our database and We cannot promise You that We will delete it from Our database, even if You ask Us to. You can correct, update or review Personal Information You have previously submitted by going back to the specific tool or application, logging-in and making the desired change.

Minors. Our Site is not designed to attract users under 13 years old.  If We learn that We have actually collected the personal information of anyone 13 years old or younger without parental consent, We will take the appropriate steps to delete that information.

TERMS OF USE

This Site does not provide medical advice. Tivity is not a health care provider. We don’t offer health care services through Our products or programs. We do provide information that We believe is designed to be useful to enhance vitality and to encourage healthy habits and behaviors. None of the information on this Site, Our programs or Our products is intended to be a substitute for professional medical advice. If You have any question at all about a medical condition, medicine, or prescription, contact Your physician or health care provider. Please don’t rely on any of the information on this Site or any of Our programs or products to determine a medical diagnosis or treatment. And, don’t delay seeking medical advice for any condition You have or suspect You have. IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.

Exercise Programs. Some of the services Tivity offers include exercise or activity programs. If You are engaged in any of those programs, You should always consult with a physician before You begin any exercise activity or program because any exercise activity involves a risk of injury. Although through Our programs We promote safe and effective methods of fitness training and activities, We can’t guarantee prevention of injuries. If You are unfamiliar with the equipment You intend to use or the exercise You intend to perform, please ask for advice and assistance first. Stop exercising if you experience headaches, dizziness, shortness of breath, or discomfort and immediately consult your physician or other health care provider.

No investment advice; forward looking information. Nothing on this Site constitutes investment advice, including Tivity’s filings with the Securities and Exchange Commission. Any stock prices provided by this Site are not official market quotations and are not to be considered a substitute for obtaining pricing information from official sources.

This Site may contain information that includes or is based upon forward-looking statements within the meaning of the federal securities laws, specifically the Securities Litigation Reform Act of 1995. Forward-looking statements give expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They typically use words such as or similar to “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe.”

Forward-looking statements can be affected by inaccurate assumptions or by known or unknown risks and uncertainties. Many such factors will may have a significant impact on actual future results. Consequently, no forward-looking statement can be guaranteed. Actual results may vary materially, and there are no guarantees about the performance of Tivity’s stock or business. Given these uncertainties, you should not place undue reliance on such forward-looking statements. You should review our SEC filings for more information on these and other factors that could affect Tivity.

Please note that this Site provides access to historical or previously-posted materials. Typically such materials will be located in a distinct section of the Site, but please take note of the date provided in connection with materials accessed through the Site. In addition, the Site from time to time includes summaries or synopses of relevant information. Whenever possible, Tivity attempts to make clear that such information is not a complete analysis and provide reference to more comprehensive information or analysis. Should you desire additional information with respect to such summaries or synopses, please review our SEC filings at www.sec.gov.

Intellectual Property. We own all right, title and interest in and to the Site and its content including but not limited to text, graphics, images and software (“Content”), including all intellectual property rights. We expressly reserve all rights to the Content. Any right You have to use of the Content is specifically and expressly detailed in this Section and Your access to or use of the Content does not give You any right, title, or interest in or to the Content. You may not modify or use any Content for any purpose other than as expressly permitted herein or on the Site.

As long as You comply with this Policy, You can download and print a small number of copies of the Content on this Site solely for Your personal, noncommercial use. You must keep intact all copyright and other proprietary notices that appear on that Content. You may not copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative works from, link to or frame in another website, use on any other website, or transfer or sell the Site or its Content without Our prior written permission. This prohibition expressly includes, but is not limited to, the practices of “screen scraping” and “data mining.” You are prohibited from using the Content for any public or commercial purpose. You may not reverse engineer, disassemble, decompile, or otherwise attempt to derive source code from the Site or its Content.

Trademarks. All trademarks and service marks (“Trademarks”) used on this Site belong to Us or Our licensor(s) as proprietary Trademarks. Nothing in or on the Site grants to You, by implication, estoppel, or otherwise, any license or right in or to the Trademarks without Our express written permission or the written permission of the applicable third party, which permission may be withheld at Our sole discretion or at the sole discretion of the third party.

Digital Millennium Copyright Act. In accordance with the Digital Millennium Copyright Act (“DMCA”) http://lcweb.loc.gov/copyright/, We have designated an agent to receive notifications of alleged copyright infringement associated with the Site. We will use commercially reasonable efforts to investigate any alleged infringement and take appropriate action in accordance with the DMCA. If You believe that a copyrighted work is being infringed by the Content, please notify Our copyright agent at trademarks@tivityhealth.com or to Our address for notices at the end of this Policy. In Your notice of alleged copyright infringement, include the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is claimed to have been infringed;
  • Identification of the copyrighted work alleged to have been infringed;
  • A description of the material that is claimed to be infringing and information sufficient to locate the material on the Site;
  • Information sufficient to contact the complaining party, such as a physical address, telephone number, and, if available, an email address;
  • A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner’s behalf.

Your Use of the Site. You are responsible for Your activity on the Site and for any content You submit to the Site. Any fraudulent, abusive, or other illegal activity may result in termination of Your account at Our sole discretion. We may refer Your conduct to appropriate law enforcement agencies. You agree that You will not allow any other person or entity to use Your access credentials to access the Site or take any other action that interferes with other parties’ use of the Site.

DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY.

Disclaimer of Warranties. THIS SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” We do not make any representations or warranties with respect to the Site or its Contents and to the fullest extent permitted by law disclaim all warranties, express or implied, including without limitation, warranties of merchantability, completeness, timeliness, correctness, non-infringement, and fitness for a particular purpose, use or application.

Limitation of Liability. By using this Site You agree that You are voluntarily and unequivocally waiving any potential claim against Us for liability to You. We are not liable for damage or injury to persons or property arising from any use of any product, information, idea, or instruction on the Site or contained in the other materials provided to You. SPECIFICALLY, WE ARE NOT LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, DEMANDS OR CAUSES OF ACTION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, AS A RESULT OF YOUR USE OF THIS SITE OR ITS CONTENT.

Limitation on Actions. Notwithstanding any statute of limitations or other law to the contrary, any claim or cause of action arising out of Your use of this Site or its Content must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred. Our failure to enforce or exercise any provision of this Policy or any other right related to the Site or its Content, within one (1) year shall not constitute a waiver of that right or provision.

Indemnification. You will indemnify, defend and hold Us harmless against any claims or causes of action brought by third parties, including but not limited to, in connection with Your negligence or willful misconduct; Your breach of this Policy; Your violation of any federal, state or local laws, rules or regulations including those governing privacy, security or data protection; or Your use of the Site or its Content that infringes any intellectual property or proprietary rights.

Dispute Resolution. Any dispute arising out of or related to Your use of or access to this Site shall be resolved exclusively by confidential binding arbitration except We may seek injunctive or other appropriate relief to the extent We believe You have violated or threatened to violate Our intellectual property rights. The arbitration shall be conducted by one neutral arbitrator in Nashville, Tennessee under American Arbitration Association rules then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Each party shall bear its own attorneys’ fees without regard to which party prevails. The arbitrator’s decision will be final and binding. The award of the arbitrator may be enforced in any court of competent jurisdiction. Each party consents to (i) the non-exclusive jurisdiction of the courts of the State of Tennessee or to any federal court located within the State of Tennessee for any action (1) to compel arbitration, (2) to enforce any award of the arbitrator, or (3) service of process in any such action by registered mail or any other means provided by law. EACH OF YOU AND WE EXPRESSLY WAIVES ANY RIGHT TO A BENCH TRIAL, JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING.

General Terms.

Governing Law and Venue. This Policy and all other matters arising from Your use of this Site or its Content shall be governed by the laws of the State of Tennessee. Should binding arbitration be deemed invalid or otherwise unenforceable for any reason, the Dispute Resolution provision of this Policy shall be severed and the parties expressly consent to and agree that the exclusive jurisdiction of and venue for any claims will be in state or federal courts in Nashville, Tennessee.

Severability. If any part of this Policy is held by a court of competent jurisdiction to be invalid or unenforceable, that part will be enforced to the maximum extent permitted by law and the remainder of this Policy will remain fully in force.

Notices. Any notice to Us shall be given in writing and sent by certified and registered mail to 701 Cool Springs Blvd., Franklin, Tennessee 37067, Attn: General Counsel.