Personal Information Policy
At Exerscribe, we are committed to protecting your privacy, and will not share your information if you have asked us not to do so. When you place an order on our site, we collect your name, email address, mailing address, credit card number, and expiration date. When you register for membership on our site, we also collect your basic health profile information when you actively give us such information. The information we collect when you place an order or register for membership on our site allows us to process and fulfill your order and to notify you of your order status. We also use this information to occasionally notify you about important functionality changes to the web site, new Exerscribe services, and special offers we think you'll find valuable. Health and age information allows Exerscribe to evaluate your self-reported health status to determine basic program eligibility. You will be notified at registration if your profile excludes you from participation in the plan. We may use the personal information we collect from you for any of the following purposes: (1) to fulfill your requests for products and services; (2) to provide you with offers (3) to contact you when necessary; (4) to review site usage and operations; (5) to address problems with the site, our business or our products and services; and (6) to protect the security or integrity of the site and our business. Your information may be shared with reputable third party associates of Exerscribe unless you have expressly asked us not to, the law requires it, or to protect the rights or property of Exerscribe. Exerscribe does not share payment information with third parties
Exerscribe periodically asks members to participate in online surveys or fill out online questionnaires concerning topics such as the effectiveness of the weight loss program, advertising effectiveness and customer satisfaction. All surveys and questionnaires are optional and the information collected will not be associated with any user's personal information. Information gathered may be shared with third parties in order to improve customer satisfaction and program effectiveness. No personal information of any user will be connected to survey or questionnaire results.
How does Exerscribe protect customer information?
Protecting your information is important to us. We use the industry standard technology to
protect the security of your information. We have taken certain physical, electronic, contractual
and managerial steps designed to safeguard the information we collect from you. Unfortunately,
no data transaction over the Internet can be guaranteed to be 100% secure.
How does Exerscribe use third party information it collects?
From time to time, we collect third party email addresses or other contact information from our
users and customers so that we may send information to their friends and family on an asrequested
basis. For example, we collect email addresses when a customer provides us with that
information so that we may send out Referral Coupons. We also require same when users utilize
certain functions such as "email this to a friend" features.
Will Exerscribe disclose the information it collects to outside parties?
Exerscribe shares information with third party intermediaries for shipping and billing purposes
and with other third party intermediaries that provide a service for Exerscribe to help us operate
our business and the Site or administer activities on our behalf. These companies do not retain
personal information or share it with any other parties. These companies may include Paypal,
Visa, MasterCard, Discover, and American Express and others. Exerscribe may also disclose
your personal information to third parties in certain limited circumstances, as follows: (1) as
necessary if we believe that there has been a violation of our site Terms and Conditions, of the
law, of our rights or of the rights of any third party; (2) to respond to judicial process and provide
information to law enforcement agencies or in connection with an investigation on matters
related to public safety, as permitted by law, or otherwise as required by law; and (3) if our
company or substantially all of its assets are acquired, your personal information may be one of
the transferred assets. (4) If you have given permission for us to share your account information
with other members of your household.
Your Consent and Notification of Change
By using our web site, telephone consultation, or mailing in requests for information you consent
to the collection and use of your information by Exerscribe. If at some point in the future, there is
a material change to our information usage practices that affect your personally identifiable
information, we will notify you by e-mail. You should check this posted privacy statement for
Our site may contain links to third-party websites, which may have privacy policies that differ
from our own. We are not responsible for the activities and practices that take place on these
may access through our site.
General Practices Regarding Use and Storage
You agree that Exerscribe has no responsibility or liability for the deletion of, or the failure to
store or to transmit, any Content and other communications maintained by the Service.
Exerscribe retains the right to create limits on use and storage at our sole discretion at any time
with or without notice.
Content of the Service
Exerscribe takes no responsibility for third-party content (including, without limitation, any
viruses or other disabling features), nor does Exerscribe have any obligation to monitor such
third-party content. Exerscribe reserves the right at all times to remove or refuse to distribute any
content on the Service, such as content which violates the terms of this Agreement. Exerscribe
also reserves the right to access, read, preserve, and disclose any information as it reasonably
believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental
request, (b) enforce this Agreement, including investigation of potential violations hereof, (c)
detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user
support requests, or (e) protect the rights, property or safety of Exerscribe, its users and the
public. Exerscribe will not be responsible or liable for the exercise or non-exercise of its rights
under this Agreement.
Intellectual Property Rights
You acknowledge that Exerscribe owns all right, title and interest in and to the Service, including
all intellectual property rights (the "Exerscribe Rights"). Exerscribe Rights are protected by U.S.
and international intellectual property laws. Accordingly, you agree that you will not copy,
reproduce, alter, modify, or create derivative works from the Service. You also agree that you
will not use any robot, spider, other automated device, or manual process to monitor or copy any
content from the Service. As described immediately below, Exerscribe Rights do not include
third-party content used as part of the Service, including the content of communications
appearing on the Service. Exerscribe claims no ownership or control over any Content submitted,
posted or displayed by you on or through Exerscribe services. You or a third party licensor, as
appropriate, retain all patent, trademark and copyright to any Content you submit, post or display
on or through Exerscribe services and you are responsible for protecting those rights, as
appropriate. By submitting, posting or displaying Content on or through Exerscribe services
which are intended to be available to the members of the public, you grant Exerscribe a
worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such Content
on Exerscribe services for the purpose of displaying and distributing Exerscribe services.
Exerscribe furthermore reserves the right to refuse to accept, post, display or transmit any
Content in its sole discretion. You represent and warrant that you have all the rights, power and
authority necessary to grant the rights granted herein to any Content submitted.
No Resale of the Service
Unless expressly authorized in writing by Exerscribe, you agree not to reproduce, duplicate,
copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the Service, (b)
use of the Service, or (c) access to the Service.
Representations and Warranties
You represent and warrant that (a) all of the information provided by you to Exerscribe to
participate in the Service is correct and current; and (b) you have all necessary right, power and
authority to enter into this Agreement and to perform the acts required of you hereunder.
Exerscribe may, in its sole discretion, at any time and for any reason, terminate the Service,
terminate this Agreement, or suspend or terminate your account. In the event of termination,
your account will be disabled and you may not be granted access to your account or any files or
other content contained in your account although residual copies of information may remain in
our system for some time for back-up purposes. This Agreement, along with applicable
provisions of the general Terms of Service (including the section regarding limitation of
liability), shall survive expiration or termination.
You agree to hold harmless and indemnify Exerscribe, and its subsidiaries, affiliates, officers,
agents, and employees from and against any third-party claim arising from or in any way related
to your use of the Service, including any liability or expense arising from all claims, losses,
damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of
every kind and nature.
This Agreement constitutes the entire agreement between you and Exerscribe and governs your
use of the Service, superseding any prior agreements between you and Exerscribe. You also may
be subject to additional terms and conditions that may apply when you use or purchase certain
other Exerscribe services, affiliate services, third-party content or third-party software.
Waiver and Severability of Terms
The failure of Exerscribe to exercise or enforce any right or provision of the Terms of Service
shall not constitute a waiver of such right or provision. If any provision of the Terms of Service
is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as reflected in the provision, and the
other provisions of the Terms of Service remain in full force and effect.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action
arising of or related to use of Exerscribe services or the Terms of Service must be filed within
one (1) year after such claim or cause of action arose or be forever barred.
Choice of Law; Jurisdiction; Forum
These Terms of Service will be governed by and construed in accordance with the laws of the
State of California, without giving effect to its conflict of laws provisions or your actual state or
country of residence. Any claims, legal proceeding or litigation arising in connection with the
Service will be brought solely in California and your consent to the jurisdiction of such courts.
It is our policy to respond to notices of alleged infringement that comply with the Digital
Millennium Copyright Act. If you believe that your copyright has been infringed on the Service,
please contact us immediately using the “Contact Us” section of the website.
Integration and Severability
Service and use of the Site, and supersede all prior or contemporaneous communications and
proposals (whether oral, written or electronic) between you and Company with respect to the
otherwise remain in full force and effect and enforceable. The failure of either party to exercise
in any respect any right provided for herein shall not be deemed a waiver of any further rights
Limitation of Liability
IN NO EVENT SHALL COMPANY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS,
PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT,
TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE
THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS,
COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL,
INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND
WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE
SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN
THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO
Accessing the Service is prohibited from territories where such Content is illegal. If you access
the Service from other locations, you do so at your own initiative and are responsible for
compliance with local laws.
Electronic Delivery/Notice Policy and Your Consent
By using the Services, you consent to receive from Exerscribe.com all communications including
notices, agreements, legally required disclosures or other information in connection with the
Services (collectively, "Contract Notices") electronically. Exerscribe.com may provide such
electronic Contract Notices by posting them on the Exerscribe.com Site. If you desire to
withdraw your consent to receive Contract Notices electronically, you must discontinue your use
of the Exerscribe.com Site and Services.
Basic Custom Subscription
The Basic Custom Subscription is free and allows users to: build workout programs, find a workout partner, connect with people with similar goals, receive live chat support, track progress, and share results through social networks. Exerscribe is not liable for any information received on or through the site, our services, or anything else related to our service offering. We are also not liable for your interaction with other users on the site, the use of the exercise program builder, the use of our progress tracker, and anything shared to other social mediums from our site.
This plan entails all features of the Basic Custom Subscription. Exerscribe will grant you access on our website to your specific workout goal path (Muscle Gain, Fat Loss, or Athletic Conditioning, and Level 1, Level 2, and Level 3) within 24 hours after checkout, and will grant you access to your next 4-week progression of those workouts after successfully processing your monthly subscription fee. The subscription fee is processed via monthly EFT - Exerscribe will charge your credit card for the effective EFT rate ($9.95) each month until you advise us with 30 days notice from your billing date, in writing (or by email) to cease doing so, at which time your membership will expire. Any special request (i.e. changing goal path), questions, comments, or concerns about the site must be submitted through our ‘Contact’ page. Exerscribe is not liable for any information received on or through the site, our services, or anything else related to our service offering. We are also not liable for your interaction with other users on the site, the use of the exercise program builder, the use of our progress tracker, and anything shared to other social mediums from our site.
Fully Custom Subscription
This plan entails all features of the Basic Custom Subscription. Within 24 hours after checkout you will be contacted to schedule an initial evaluation. After an initial evaluation of a client’s needs, Exerscribe will design a Fully Custom 4-week Workout program within 48 hours. If an extension is required, Exerscribe will notify the client immediately. The Fully Custom 4-Week Workout Program includes: Postural Analysis (via uploaded video or live video chat), 4-Week Progressive Periodized Weight Training Workout, 4-Week Aerobic/Anaerobic Cardiovascular Conditioning Program, and Nutritional Guidance. Any special request, questions, comments, or concerns about the site must be submitted through our ‘Contact’ page. All phone/video coaching must be requested through the ‘Contact’ page and is subject to availability. The subscription fee is processed via monthly EFT - Exerscribe will charge your credit card for the effective EFT rate ($39.95) each month until you advise us with 30 days notice from your billing date, in writing (or by email) to cease doing so, at which time your membership will expire. Any special request (i.e. changing goal path), questions, comments, or concerns about the site must be submitted through our ‘Contact’ page. We will grant you access to your next 4-week progression of your workouts after successfully processing your monthly subscription fee each month. Exerscribe is not liable for any information received on or through the site, our services, or anything else related to our service offering. We are also not liable for your interaction with other users on the site, the use of the exercise program builder, the use of our progress tracker, and anything shared to other social mediums from our site.
a. There are no refunds on any product or service offered by Exerscribe.