Fit Tested Program Terms & Conditions

The makers of MusleTech®, Iovate Health Sciences International Inc. ("Iovate") has developed the Fit Tested program which offers participants ("Fit Tested Members") access to certain products listed on a dedicated website ("fittested.muscletech.com") at no cost in order to encourage independent customer reviews on www.muscletech.com and Iovate affiliated websites, for Iovate to receive feedback, and to further publicize certain products ("Fit Tested Products"). Your participation in Iovate's Fit Tested program is subject to these terms and conditions (the "Terms of Use") and constitutes your acceptance to the terms and conditions, which include the ongoing obligations for Fit Tested Members. The Fit Tested program is operated by Iovate and Bazaarvoice. Employees of Iovate or its affiliates are not eligible to participate in the Fit Tested program.

 

Participation in the Fit Tested program requires adherence to Bazaarvoice's Authenticity Policy and all submitted content will pass through the Bazaarvoice Authenticity Strategy Management System and may entail a manual or automated evaluation for inauthentic content or actions. Per the Authenticity Policy, content deemed inauthentic, fraudulent or in violation of any of Bazaarvoice's Terms and Conditions will be rejected and removed.

 

These Terms of Use incorporate by reference Iovate's Privacy Policy, Bazaarvoice's Privacy Policy and the Customer Ratings and Review Service ("CRR Service") Terms and Conditions, all of which may be updated from time to time. Any personal information shared by a Fit Tested Member is subject to Iovate's Privacy Policy and Bazaarvoice's Privacy Policy. All terms and conditions governing a Fit Tested Member's use of www.muscletech.com herein also apply to all Fit Tested-related communications and to participation in the Fit Tested program, unless otherwise stated. To the extent of any conflict between these Terms of Use, the CRR Service Terms and Conditions, as well as the Iovate and Bazaarvoice Privacy Policies, these Terms of Use shall take precedence with respect to application to the Fit Tested program.

 

By participating in the Fit Tested program as a Fit Tested Member, a Fit Tested Member certifies that s/he is at least eighteen (18) year of age, and that s/he lives within the contiguous United States (excluding Alaska, Hawaii or Puerto Rico).

 

Note: Shipments to P.O. Boxes are not permitted, so a full street mailing address is required.

 

Fit Tested Members acknowledge and agree that all Fit Tested Products are:

  • Promotional offers and not sold, for sale, or to be resold; and
  • Provided on an "as is", first come, first serve basis. Product offers are not guaranteed.  Iovate makes no product warranties to Fit Tested Members, except as to general safety when used in accordance with label instructions, and Iovate accepts no responsibility for return, repair, refund or replacement. Iovate will only deliver Fit Tested Products selected by Fit Tested Members to the delivery address associated with the Fit Tested Member Account.

 

In consideration of the opportunity to participate in the Fit Tested program, Fit Tested Members agree that, in exchange for receipt of the Fit Tested Product(s), the Fit Tested Member will:

  1. Follow the Writing Guidelines and adhere to Bazaarvoice's Authenticity Policy to personally write and submit independent and unbiased reviews of Fit Tested Products as used by the Fit Tested Member
  2. Post reviews of Fit Tested Products, based on the Fit Tested Member's honest opinions, findings, beliefs or experiences, on fittested.muscletech.com
  3. Not review any Fit Tested Product if there is a conflict of interest due to any relationship with Iovate or Bazaarvoice
  4. Not sell, exchange and/or return for money any Fit Tested Product(s) received through the Fit Tested program
  5. Not have more than one (1) Fit Tested Member per household
  6. Not give possession of the products to any other person outside of a Fit Tested Member's household
  7. Not delegate to anyone else the writing or submission of a Fit Tested Product review
  8. Not create or utilize more than one Fit Tested account per person, or operate an account on behalf of someone else (note: If a Fit Tested Member's account has been previously deactivated by Iovate, another one cannot be created by the same individual.)
  9. Provide true, accurate, complete and current information in the Member profile
  10. Take all necessary steps to ensure that any non-public information made available through the Fit Tested program in relation to any Fit Tested Products or about the program itself is kept confidential
  11. Not use the Fit Tested program materials or any other material received as a result of participation in the Fit Tested program for any commercial purpose or for the benefit of any unapproved third party, except as otherwise explicitly permitted by Iovate.

 

If Iovate or Bazaarvoice finds a Fit Tested program review to be false, inappropriate, inauthentic, fraudulent or in violation of these Terms of Use, or if a Fit Tested Member fails to submit reviews of Fit Tested Products received, this is automatic grounds for the immediate deactivation of a Member's account.  Notwithstanding the foregoing, the ongoing right to participate in the Fit Tested program and the eligibility of Fit Tested Members to receive Fit Tested Products is at Iovate's and/or Bazaarvoice's sole and absolute discretion. Iovate and Bazaarvoice reserve the right to remove Member accounts from the Fit Tested program at any time with or without notice.

 

Revisions and Continued Use

Iovate reserves the right to amend any of these terms and conditions, including the policies, guidelines, or other information referred to herein or posted on fittested.muscletech.com, at any time and at Iovate's sole and absolute discretion. Any changes are effective upon the posting of the change notice or provision of new Terms of Use on fittested.muscletech.com or on the Fit Tested Member Account page. Fit Tested Members are responsible for reviewing the new terms and conditions and any applicable changes or notices. CONTINUED PARTICIPATION IN IOVATE'S Fit Tested PROGRAM AFTER THE POSTING OF ANY CHANGES CONSTITUTES ACCEPTANCE OF SUCH CHANGES. IF A Fit Tested MEMBER DOES NOT AGREE TO SUCH CHANGES TO THESE TERMS AND CONDITIONS, THE MEMBER MUST DISCONTINUE PARTICIPATING IN IOVATE'S Fit Tested PROGRAM AND IMMEDIATELY NOTIFY IOVATE OF THIS AT FITTESTED.MUSCLETECH.COM



PRIVACY POLICY

 

INTRODUCTION

Iovate respects and understands consumers’ concerns about the privacy of their personal information. Iovate is a leading company that understands the need to treat consumers’ information in a responsible manner. This Privacy Statement explains Iovate’s commitment not only to your privacy, but to you as a valued customer. To that end, we have created this Privacy Statement to explain the types of personal and non-personal information we collect through the website MuscleTech.com. We will discuss how we use this information and to whom and under what circumstances we disclose such information.

By using this Site, you agree, without limitation, to the practices described in this Privacy Statement and the Site’s Terms of Use. If you do not agree to the terms of this Privacy Statement or our Site’s Terms of Use, please do not visit our Site.

 

INFORMATION COLLECTED

 

PERSONAL INFORMATION

In general, we may collect personal information from visitors to the Site if they (1) sign up to receive newsletters; (2) contact us (including our Webmaster, customer service representatives, or other employees); (3) complete a registration form, survey, or poll; (4) participate in a sweepstakes or contest; (5) make product or service inquiries; (6) purchase products, or (7) participate in the interactive diet and training portion of our Site. In connection with these activities, we may collect personal information, including, but not limited to, name, mailing address, e-mail address, telephone number, age range, birth date, gender, username, password, credit card number, credit card expiration date, photographs, occupation, social security number, other unique identifiers, income range, religion, ethnicity, height, weight, bodyfat percentage and measurements, areas of interest, fitness goals and exercise patterns, weight-training regimen, eating patterns and food preferences, blood pressure, glucose level, cholesterol and triglyceride levels, medical conditions, medication and supplement use, smoking habits, food allergies or intolerances, level of water intake, experience with other diet programs, and other demographic information. We may combine visitors’ personal information with information that we collect from other online and offline sources. This information may include, for example: (1) information we receive from visitors when they call us, redeem coupons or complete our surveys or other forms; (2) information visitors submit to us at our retail locations or special events; and (3) updated contact and other information about our visitors that we may receive from third parties.

 

NON-PERSONAL INFORMATION

As part of the standard operation of our Site, we may collect certain non-personal information from visitors to our Site, including, but not limited to, their browser type (e.g., Netscape or Internet Explorer), operating system (e.g., Windows or Macintosh), IP address, and the domain name from which they accessed the site (e.g., lycos.com). In addition, we may collect information about visitors’ browsing behavior, such as the dates and times they visit our Site, the areas or pages of our Site that they visit, the amount of time spent viewing our Site, the number of times the visitor returns to our Site, and other click-stream data. We may use cookies (small text files that are stored on the hard drives of visitors’ computers when they access our Site) to collect this information as well as for other purposes, including, but not limited to, recognizing prior users, retrieving information previously provided by visitors to the Site, remembering passwords of individuals, and for direction to certain areas of our Site.

Visitors to our Site are always free to decline cookies, but in doing so, they may not be able to use certain features on our Site. The “Help” segment of the toolbar on most browsers explains how to configure a browser to not accept new cookies, how to have the browser inform users when they receive a new cookie, and how to erase cookies from their hard drives.

We may also use Web beacons to track information about visitors after they leave the Site, to access cookies, to count page visits, as part of our e-mail campaigns, and to otherwise facilitate visitors’ online experience. In addition, we may contract with third parties that place cookies, Web beacons, or other tools on our site to assist us in collecting non-personal information about our visitors.

We may combine the non-personal information that we collect with the personal information that we collect about our visitors.

 

USE OF INFORMATION

We may use personal information collected from visitors to our Site for any of the following purposes: (1) to fulfill product orders and requests for information about certain products and services; (2) to contact visitors to our Site when necessary (e.g., to respond to inquiries); (3) to send information, promotional materials, and newsletters from our company; (4) to administer contests and sweepstakes offered on our Site; (5) to administer the interactive diet and training portion of our Sites; (6) to help address problems with our Site; (7) to conduct internal reviews of our Sites (e.g., to determine the number of visitors to specific pages within the Site); (8) to help us better understand visitors’ use of our Site; (9) to protect the security or integrity of our Site; (10) to conduct market research; (11) to customize our Site or marketing communications for our visitors and customers; and (12) to help us provide better service to our visitors and customers. Non-personal information will be used for these purposes as well as for conducting internal reviews and monitoring of our Site and providing a greater online experience for our visitors.

 

DISCLOSURE OF INFORMATION

We may transfer or otherwise disclose information collected from visitors to our Site for the following purposes: (1) to Iovate’s employees, independent contractors, subsidiaries, affiliates, consultants, business associates, service providers, and suppliers, if the disclosure will enable that party to perform a business, professional, or technical support function for Iovate; (2) as necessary if Iovate has reason to believe that such disclosure is necessary to identify, contact, or bring legal action against someone who may be causing injury to or interference with our rights and property, other users of our Site, or anyone else who could be harmed by such activities; (3) to announce winners of sweepstakes and contests; (4) to announce the results of surveys and polls; (5) 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 (6) as provided for under the “Unforeseen Circumstances” section below.

 

DO I HAVE A SAY?

Of course you do!  You can always choose not to provide information, even though it might be needed to make a purchase or to take advantage of great features that are available on our site.

If you do not want to receive e-mail or other mail from us, we do ask that you amend your preferences to indicate that you do not want to receive any offers or information from us in the future.  Please  keep in mind that even if you have chosen not to receive e-mail messages from any up-date that we do send out concerning amendments to our Terms of Use, Privacy Policy, and other legal notices sent out by us will still govern your use of our website.  It will remain your sole responsibility to review the site for any important changes to our Terms of Use.

What about cookies?  You will find that the “Help” feature for most Internet browsers will guide you on how to manage how cookies interact with you.  Did you know that you can also disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on’s settings or visiting the Web site of its manufacturer?  To help you in deciding on how you would like to use cookies, keep in mind that cookies allow you to take advantage of some of the features available on website.  For this reason, we recommend that you leave them turned on. For instance, if you block or otherwise reject our cookies, you will not be able to add items to your Shopping Cart, proceed to Checkout, or use products or services that will require you to Login.

 

CHILDREN

Our Site is not directed toward, nor do we knowingly collect any personal information from, children under 13.

 

THIRD-PARTY WEB SITES

Our Site may contain links to other third-party web sites, which may have Privacy Policies/Statements that differ from our own. We are not responsible for the activities and practices that take place on these web sites. Accordingly, we recommend that you review the Privacy Policy/Statement posted on any web site that you may access through our Site.

 

UNFORESEEN CIRCUMSTANCES

In the event that Iovate or any of its assets are acquired by a third party, personal information acquired by us may be one of the assets transferred.

 

CHANGES TO THIS PRIVACY STATEMENT

There may be times when we need to amend, modify, remove, or change various aspects of this Privacy Statement, and we reserve the right to do so at our discretion. We recommend that you revisit this Privacy Statement periodically to ensure that you are aware of our current privacy practices. Your continued use of our service following any changes signifies your acceptance of these changes.

 

SECURITY

We maintain physical, electronic, and procedural safeguards to protect the personal information you provide to us.

 

CONTACT US

If you have any questions about this Privacy Statement or the practices or activities associated with our Site, or if you’d like to have access to or correct your personal information in our database(s) or remove yourself from our database(s), please contact us at 381 North Service Road West, Oakville, ON L6M 0H4, Canada.