7xi Privacy Policy

Johnson Health Tech. Co., Ltd. Privacy Policy

Version 1.0 [4/8/13]

This Privacy Policy applies to all of the services offered by Johnson Health Tech. Co., Ltd. ("JHT," including its subsidiaries, affiliates, partners, predecessors, successors, assignors and assignees). This Privacy Policy expressly incorporates JHT's Terms of Service, with all capitalized terms not otherwise defined herein having the same meaning as set forth in the Terms of Service.

  1. Collected Information

    JHT may collect the following types of information:

    • Information you provide — When you sign up for a JHT account, JHT may ask you for personal information (such as your name, gender, age, weight, height, physical information, activity, contact information) and an account password. JHT may also ask for your account login and passwords associated with applications accessible via the JHT Services.
    • Activity information — When you access the JHT Services, information generated during sessions may be automatically recorded and stored on JHT's network. This may include applications used, websites visited, Content accessed, length and intensity of workout and date and time of workout.
    • Location data — JHT may offer location-enabled services. If you use these services, JHT may receive information about your location, such as the facility in which the JHT Services were accessed.
    • Links — JHT may present links in a format that enables JHT to track whether these links have been followed. JHT may use this information to improve the quality of the JHT Services, to customize content or for advertising purposes.
    • Cookies — When accessing JHT's website, JHT may send one or more cookies (small data files transferred to your device's hard drive) to the device accessing the website.
    • Other applications and websites — This Privacy Policy applies to the JHT Services only. JHT does not exercise control over applications or websites displayed or linked through the JHT Services. These other applications or websites may collect date or solicit information from you.
  2. Use of Collected Information

    JHT processes personal information for the purposes described in this Privacy Policy and/or any supplementary privacy notices. Such purposes include:

    • Allowing users to access applications via the JHT Services without having to submit additional log-in information each time these applications are accessed;
    • Display of customized content;
    • Storing user preferences;
    • Tracking how users utilize the JHT Services;
    • Reviewing, maintaining and improving the JHT Services and the use of exercise equipment;
    • Ensuring the technical functioning of the JHT network;
    • Protecting the rights and property of JHT or its users; and
    • Developing new services.

    You acknowledge that in using the JHT Services you will be causing your personal information to be processed through JHT's networks, portions of which are located in the United States and portions of which may be located abroad. You further acknowledge that JHT may share your personal information with affiliated entities under terms consistent with this Privacy Policy to accomplish the purposes outlined above.

  3. Protection of Personal Information

    JHT will not collect or use sensitive personal information, such as information known to be confidential medical information, racial or ethnic origin or marital status tied to personal information, except as described in this Privacy Policy.

  4. Information Sharing by JHT

    JHT may share your personal information with other individuals or entities if: (a) JHT has your consent; (b) the information is used for the purpose of processing personal information on your behalf; or (c) JHT has a good faith belief that access to, use, preservation or disclosure of such information is reasonably necessary to (i) satisfy applicable law or respond to a valid legal request; (ii) enforce JHT's Terms of Service; (iii) address fraud, security or technical issues; or (iv) protect against harm to the rights, property or safety of JHT its users or the public.

  5. Use of Aggregated Information

    JHT may share with third parties aggregated, non-personal information, that does not identify the individuals from whom such data is collected.

  6. Information Collected by Third Parties

    JHT offers links to services offered by third parties. These third parties may collect information, including through the use of cookies, and are subject to the privacy policies maintained by such third parties.

  7. Information Shared with Advertisers

    JHT may use your personal information to allow advertisers or their agents to determine which advertisements you will see.

  8. Merger or Acquisition

    If JHT becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, your personal information may be transferred to another entity.

  9. Changes to this Privacy Policy

    This Privacy Policy may change from time to time, and JHT may notify you by any of the means indicated in JHT's Terms of Service of such changes to this Privacy Policy.

  10. Questions and Further Concerns

    Please direct any questions concerning this Privacy Policy or JHT's treatment of personal information by contacting JHT at:

    Director of Console Technology
    1600 Landmark Drive
    Cottage Grove, WI 53527.

    Email inquiries may be sent to JHTconsoleservices@johnsonfit.com.

Johnson Health Tech. Co., Ltd. Terms of Service

Version 1.0 [4/8/13]
  1. Terms of Service

    These Terms of Service govern your access to and use of Johnson Health Tech. Co., Ltd. ("JHT," including its subsidiaries, affiliates, partners, predecessors, successors, assignors and assignees) services, including (a) the JHT network, (b) fitness equipment that provides access to JHT software or content; and (c) any websites or web pages that provide access to the JHT Network (collectively, "JHT Services"). By accessing or using the JHT Services, you accept and agree to comply with these Terms of Service.

  2. Privacy Policy

    Any information you provide to JHT in connection with the JHT Services is subject to JHT's Privacy Policy, located at www.matrixfitness.com/content/7xi-privacy-policy and incorporated by reference into these Terms of Service.

  3. Registration & Account Information

    You agree that the information you provide JHT is true and accurate, and that JHT may discontinue access to the JHT Services and/or suspend or terminate your account in the event any information you provide is not true or accurate. You further represent that you have the legal capacity to enter into a binding contract with JHT.

  4. Use of Account

    You are responsible for maintaining the confidentiality of the password and account information under which you register for the JHT Services. You are fully responsible for all activities that occur under your account, and agree to notify JHT immediately of any unauthorized use of your account or account information or other breach of security.

  5. Content

    All information, data, text, graphics, photos, music, videos or other materials of any kind accessed via the JHT Services ("Content") is the sole responsibility of the Content's originator. You understand that by using the JHT Services, you may be exposed to Content that you find to be offensive or objectionable. You also understand that JHT is not responsible for the accuracy of any Content that you access via the JHT Services, or any loss or damage of any kind incurred as a result of your access to or use of any Content made available via the JHT Services.

  6. Conduct

    By accessing the JHT Services, you agree that you will abide by all applicable laws and that you will accept and adhere to the Terms of Use/Service of any applications accessed via the JHT Services. You will not use the JHT Services to engage in conduct that is unlawful, abusive, defamatory, harassing, obscene, hateful or otherwise objectionable or that infringes any intellectual property rights of any party.

  7. Contributions to JHT

    You agree that any ideas, suggestions, documents and/or proposals ("Contributions") submitted by you to JHT are not confidential or proprietary and that JHT shall be entitled to use such Contributions for any purpose without compensation to you or any third party.

  8. Indemnity

    You agree to indemnify and hold JHT (as defined in paragraph 1 above) and all of the present and former owners, directors, officers, agents, representatives, employees and insurers of JHT (as defined in paragraph 1 above) (collectively, "JHT Parties") harmless from any claim or demand, including reasonable attorneys' fees, made by any third party in any way relating to or arising out of your use of the JHT Services.

  9. Modification or Termination of Services

    JHT reserves the right, in its discretion and without notice, to modify, discontinue or terminate the JHT Services and/or your access to the JHT Services for any reason, without having any liability to you for doing so.

  10. Advertisers, Applications and Links

    You agree that JHT does not endorse and is not responsible for the content of any advertising accessed in connection with the JHT Services, or any loss arising therefrom. You further acknowledge that JHT is not responsible for the content of any applications or websites linked via the JHT Services.

  11. JHT's Proprietary Rights

    You acknowledge that the JHT Services, any software used in connection with the JHT Services and any Content provided via the JHT Services contain proprietary and confidential information protected by applicable intellectual property and other laws. You agree that, except as authorized by JHT or allowed by applicable law and except as expressly permitted by these Terms of Service, you will not make any use of the JHT Services, software or Content.

  12. Health Disclaimer

    Any information provided to you in connection with the JHT Services does not constitute medical advice. You should seek the advice of a qualified physician before beginning any health, fitness or wellness regimen.

  13. Disclaimer of Warranties

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE JHT SERVICES IS AT YOUR SOLE RISK. THE JHT SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE BASIS," AND JHT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

    JHT MAKES NO WARRANTY AND DISCLAIMS ALL LIABILITY FOR (I) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE JHT SERVICES OR ANY CONTENT ACCESSED VIA THE JHT SERVICES; (II) ANY HARM TO YOUR COMPUTER SYSTEM OR OTHER DEVICE, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE JHT SERVICES; AND (III) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT RELATED TO THE JHT SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE JHT PARTIES OR THROUGH THE JHT SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

  14. Limitations of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE JHT PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE JHT SERVICES, (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ACCESSED VIA THE JHT SERVICES, INCLUDING WITHOUT LIMITATION ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE JHT SERVICES; OR (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR REGISTRATION AND ACCOUNT INFORMATION, TRANSMISSIONS OR CONTENT.

  15. Severability

    If any provision of these Terms of Service is deemed not enforceable under applicable law, it is intended that the remaining provisions be deemed severable and enforced to the fullest extent allowed by law.

  16. Notice

    JHT may provide you with notices, including notices regarding changes to these Terms of Service, by mail, email, text message, postings accessible via the JHT Services or other reasonable means. Any notices you provide to JHT pursuant to these Terms of Service should be sent to:

    Director of Console Technology
    1600 Landmark Drive
    Cottage Grove, WI 53527

    Email inquiries may be sent to JHTconsoleservices@johnsonfit.com.

  17. Headings

    The section headings in these Terms of Service are for convenience only and have no legal effect.

  18. Costs of Enforcement

    In the event that you do not comply with these Terms of Service, JHT shall be entitled to recover from you all costs incurred by JHT in enforcing these Terms of Service, including attorneys' fees.

  19. Assignment and Successors

    JHT shall have the right to assign its rights and delegate its duties under these Terms of Service. These Terms of Service shall inure to the benefit of, and shall be enforceable by, JHT. You do not have the right to assign your rights or delegate your obligations under these Terms of Service.

  20. Choice of Law and Forum

    The provisions in this paragraph shall apply to any use of the JHT Services in the United States. As to any such use, these Terms of Service shall be governed by, and construed in accordance with, the laws of the State of Wisconsin, without application of principles of conflicts of laws. With respect to any dispute, controversy or claim arising out of or relating to your use of the JHT Services in the United States and these Terms of Service, you agree and consent to exclusive personal jurisdiction in the State of Wisconsin and agree that the Circuit Court of Dane County, Wisconsin shall be the exclusive and mandatory forum for the resolution of any such disputes, controversies or claims. You expressly waive the right to commence, prosecute, remove, seek to remove, transfer or seek to transfer any suit, action or proceeding in or to a federal court, a court in a state other than the State of Wisconsin or a court in the State of Wisconsin other than the Circuit Court of Dane County, Wisconsin.

  21. Waiver

    The waiver by JHT of any violation by you of these Terms of Service shall not operate, or be construed, as a waiver of any subsequent violation.

  22. Causes Beyond JHT's Control

    JHT shall not be liable for its failure to provide the JHT Services or otherwise comply with these Terms of Service to the extent such failure results from causes beyond its reasonable control.

  23. Survival

    The termination of these Terms of Service or your use of the JHT Services shall not relieve you from obligations which are intended or understood by their nature to survive termination.

  24. Remedies Cumulative

    All of JHT's remedies referred to in these Terms of Service are separate and cumulative, and no one of them, whether or not exercised, shall be deemed to be exclusive of any of the other rights and shall not limit or prejudice any other rights and remedies as may be available to JHT under law or equity.

  25. Entire Agreement

    These Terms of Service constitute the entire agreement between JHT and you regarding your use of the JHT Services. These Terms of Service supersede all prior agreements or understandings between JHT and you concerning the JHT Services.

  26. Violations

    Please report any violations of these Terms of Service to JHT at JHTconsoleservices@johnsonfit.com.