The Company is committed to respecting Your privacy and to complying with applicable data protection and privacy laws. This privacy policy describes how the Company collects and uses personal data. “Personal data” or “personal information” means information relating to You or another identifiable individual. This privacy policy applies solely to information collected by the App or provided directly to the Company by You via email or other communications means.
If you do not agree with this Policy, do not use this App or provide the Company with Your personal data.
The Company only has access to and collects identifying information that You voluntarily provide via the App or via other direct contact from you. In order to use the App, You must first register as a user. During registration You will be required to provide certain information (such as name and email address). That information is maintained by the Company in a secure server. If You send us an email message, that message along with the name and email address of the sender may be retained. This information is never rented, sold or shared with anyone outside of the Company.
If You contact the Company with a question, Your email address may be retained and used to contact You in response to your question. Your contact information will be not rented, sold, or shared with any third-party organization outside of the Company, other than as necessary to fulfill a request from You, e.g. to ship an order.
Unless You ask us not to, the email address You provide may be used in the future to tell You about specials, new products or services, or changes to this privacy policy. It may also be used to remind You of an upcoming expiration of Your subscription to the App or provide other information relevant to the operation of the App which might include informing You of the availability of a new version of the App.
The App collects and stores – but does not transmit to Company – certain personal performance information and physical parameters about You as You use the App. Such information could include the time to accomplish specific exercises and Your heart rate as you perform them. This information is not transmitted to or accessible by the Company but is maintained solely within an encrypted database in Your phone and used by the App as part of its normal operations. It is never rented, sold, or shared with others.
Information that You voluntarily enter in response to queries from the App during the initial configuration process is also maintained solely within Your phone and is not transmitted to, or accessible by, the Company. This information might include parameters such as Your age, weight, and general physical condition. This information is never rented, sold, or shared with others.
Precautions are taken to protect Your information. Any information that You submit via the App that is intended to be transmitted to the Company is encrypted and transmitted in a secure way.
Your information is also protected offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which store personally identifiable information are kept in a secure environment.
From time to time the App may be modified and You will have the option of downloading a new version. At the Company’s sole discretion, the App may be modified to change add, delete, and limit access to any App feature. Additionally, these Terms of Use may be modified at any time. The Company reserves the right to restrict, suspend or terminate Your use and access to the App at any time, without notice if You violate these Terms of Use. If You discontinue paying for access to the App, Your access to the App will be terminated according to the terms set out in our Our Billing Policy.
YOU AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OR THE APP SHALL BE FINAL AND BINDING ARBITRATION, except that, to the extent that Company or You has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark, or trade secret rights, or You have otherwise violated any of the user conduct rules set forth herein, then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought before, during, or after the pendency of any arbitration proceeding brought pursuant to these Terms of Use, or in lieu of such proceedings.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules (collectively the "AAA Rules"), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
The arbitration shall be held in Oklahoma City, Oklahoma, at a locale to be proposed by COMPANY, and the allocation of costs and fees for the arbitration shall be determined in accordance with the AAA Rules and shall be subject to the limitations in these Terms of Use. In rendering a decision, the arbitration panel shall follow the law of the United States and of the State of Oklahoma, and shall not use equitable or other principles which would permit the panel to ignore these Terms of Use or the law. The arbitration panel's award shall be binding and may be entered as a judgment in any court of competent jurisdiction, provided, however, that errors of law may be appealed to a court of competent jurisdiction for review. Any award in arbitration shall be subject to all dollar and other limitations set forth in these Terms of Use.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE APP, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action, or proceeding by You related in any way to the App be instituted more than one (1) year after the cause of action arose.
These Terms of Use and any action brought thereunder shall be governed by Oklahoma law without regard to choice of law provisions.
In the event that any provision of these Terms of Use or any part hereof is found invalid or unenforceable, the remainder of these Terms of Use will be binding on the parties hereto and will be construed as if the invalid or unenforceable provision or part thereof had been deleted. Any sale, transmission or redistribution of the App, and any copying, modification or other use of the App or its content for any purposes other than Your own personal purposes, are strictly prohibited.
If You have questions about the App and its contents, its intellectual property, the Company’s privacy policy, or any other issue related to the purchase or use of the App, or if You want to request information about the Company, contact the Company at the following email address:
support@shocktraining.com