Disclaimer & Terms of Use Policy

TERMS AND CONDITIONS OF USE

Thank you for visiting our website. If you want to use http://LucasJamesPersonalTraining.com, you must agree to conform to and be legally bound by the terms and conditions described below.

Last Updated on April 1, 2023

1. Introduction

This Privacy Policy describes the information and data collection, storage, and use practices and policies of Lucas James, LLC (“Lucas James,” “LUXE Health Club,” “we,” “our,” “us”) on the website at LucasJamesPersonalTraining.com (along with all subdomains, collectively, the “Website”). This Privacy Policy is only applicable to the Website and not to any other websites that you may be able to access from the Website, each of which may have data collection, storage, and use practices and policies that differ materially from this Privacy Policy. When you leave the Website via a link to another website, you are subject to that site’s Privacy Policy, Terms of Use, and other policies (“Third Party website policies”) applicable to that site and you should review the Third Party website policies.

2. Information Collection and Use Practices
3. Types of Information Collected: Lucas James may collect two different types of information, Personally Identifiable Information (“PII”) and Non-Personally Identifiable Information (“Non-PII”). PII and Non-PII may be collected anytime you access or use a Lucas James website, including this Website. PII and Non-PII may also be collected by Lucas James during in-person discussions, telephone conversations, and electronic or other written communications.

Personally Identifiable Information Collected: In order for you to access and use the services offered through the Websites, we may require you to provide information that identifies you as an individual (i.e., “PII”). PII may include the following categories of information: (1) Contact Data (such as your name, mailing address, email address, and phone number(s)); (2) Financial Data (such as your account or credit card number); and (3) Demographic Data (such as your zip code and age). If you communicate with us by email, post messages to any of our chat groups, bulletin boards, or forums, or otherwise complete online forms or surveys, any information provided may be collected as PII.

Non-Personally Identifiable Information Collected: We may automatically track and collect the following categories of information when you visit our Website: (1) IP addresses; (2) domain servers; (3) types of computers accessing the Website; and (4) types of web browsers used to access the Website (collectively “Non-PII”). Non-PII is anonymous information that does not personally identify you but is helpful for improving your experience on the Website.

1. Uses of Information Collected

Lucas James uses PII to respond to your inquiries, provide you with services you have requested, keep you informed of services and products Lucas James thinks may be of interest to you, and otherwise personalize your experience with Lucas James, among other reasons. Lucas James does not sell or lease PII about you to others.

iii. Technology We May Use: Cookies, Web Beacons, and Clear Gifs Cookies and web beacons are small text files that are stored on your computer when you visit certain web pages. Lucas James collects information through cookies and web beacons about your web browsings activities such as the address of the page you are visiting, the address of the referrer page you previously visited, the time you are viewing the page, your browsing environment, and your display settings. We may use cookies and web beacons on our Website for the following purposes:

• Understanding traffic patterns and the number of visitors to the Website and other websites that we partner with;
• Understanding how you use and interact with the Website;
• Improving Lucas James services and products;
• Optimizing your experience on the Website;
• Providing anonymous individual or aggregated auditing, research, modelling, and reporting for our advertisers and other partners;
• Storing your password so you do not have to re-enter it each time you visit the Website;
• Providing you with relevant advertising and content; and
• Managing our Website.

1. Sharing of Personal Information

Lucas James may share PII with Lucas James affiliates, advertisers, and third parties contracting with Lucas James to provide services to you. The other parties with whom we share PII may send information to you about other products or services. We do not share your Financial Data with these third parties. We may share Financial Data with business partners who assist us by performing core services (such as hosting, billing, fulfilment, or data storage and security) related to our operation of the Website and provision of services. Those business partners agree to uphold the same standards of security and confidentiality described in this Privacy Policy, and they will only use your Financial Data to carry out their specific business obligations to Lucas James.

If you do not want us to share your PII with any third parties, please email us at Lucas at Lucas-James.com.

If we or some or all of our assets are acquired by another company, including through a sale in connection with a bankruptcy, that company will possess the information collected by us, and it will assume the rights and obligations regarding your PII as described in this Privacy Policy.

We may disclose PII or other data to comply with the law or legal requirements, enforce or apply our Terms of Use and other agreements, or protect our rights, property, the safety of our users, or others.

Because Non-PII does not personally identify You, Lucas James reserves the right to use and disclose to third parties Non-PII for any purpose.

1. Interest-Based Ads

We may also share Non-PII with advertisers and other third parties who may use it for advertising purposes, including to serve targeted advertising on non-affiliated third party sites. Some of those ads may be personalized, meaning that they are intended to be relevant to you based on information about your online activities on the Website or other websites over time. For example, anonymous information collected across multiple sites may enable the ad network to predict your preferences and show you ads that are likely to be of interest to you. Please note that we do not share any information that identifies you personally with the third-party service providers who serve ads on our behalf. To opt out of these types of ads, please visit the Network Advertising Initiative (“NAI”) for information about how to opt out of interest-based advertising by their members. See http://www.networkadvertising.org for general information about the NAI and http://www.networkadvertising.org for the opt-out page. You may also visit http://www.networkadvertising.org to learn about interest-based advertising and how to opt-out from online behaviourial ads served by some or all participating companies.

1. Email Marketing

By submitting your email address through the Website, you are expressly consenting to receive emails from Lucas James, including from Lucas James affiliates, and from third parties concerning offers and advertisements unrelated to Lucas James. To opt out of receiving email messages from us, from our affiliates or from other third parties, click on the “Unsubscribe” link contained in each email. Please allow up to 10 business days for us to process your request. Please note that if you decide not to receive marketing emails from us, you may still receive transactional email messages regarding your account. If you have questions or concerns regarding this provision, please contact us at Lucas at Lucas-James.com.

3. Confidentiality and Security of Personal Information
4. User Ability to Access, Update, and Correct PII

At any time you may contact Lucas James via email at Lucas at Lucas-James.com to update your PII or request that your PII no longer is shared by Lucas James. In the case that your user name or password is lost, stolen, or used without permission, promptly contact Lucas James at Lucas at Lucas-James.com to update the PII we have on file for you.

1. Your California Privacy Rights

As described in this Privacy Policy, from time to time we may make your personal information available to third parties for their marketing purposes. California law permits individuals who are California residents to request certain information about our disclosure of personal information to third parties for direct marketing purposes. If you are a California resident and would like to make such a request, please submit your request in writing. If you do not want us to share your personal information with third parties, you may opt-out of this information sharing by emailing us at Lucas at Lucas-James.com. In accordance with California Civil Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints with the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N112, Sacramento, CA 95834; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov.

iii. Security

Lucas James maintains reasonable physical, administrative and technical safeguards to protect PII from loss, misuse, or unauthorized access, disclosure, alteration or destruction. However, no system is 100% secure. Lucas James enforces its Privacy Policy via self-assessment.

4. Third-Party Links and Public Information

Except where expressly stated by Lucas James, Lucas James is not affiliated or associated with operators of any third party websites that link to or are linked from any Lucas James -maintained website, including this Website. Please review the Third Party website policies of each site you visit.

Lucas James disclaims any responsibility for the accuracy or content of information found on third-party websites that link to or are linked from any Lucas James website, including this Website. Lucas James disclaims any responsibility for the security of any information (including without limitation PII and Financial Data) that you may provide to any third party. We may also make chat rooms, forums, message boards, and news groups available to you. Please understand that any information that is disclosed in these areas becomes accessible to the public. You should exercise caution when deciding to disclose your PII in a public forum.

5. Updates and Changes to Privacy Policy

We reserve the right, at any time and without notice, to update or modify this Privacy Policy, simply by posting such updates or modifications on the Website. Any such change, update, or modification will be effective immediately upon posting on the Website.

You consent to such changes through your continued use of the Website. If you have questions about this Privacy Policy or want to contact us, please send an email to Lucas at Lucas-James.com or call 602-400-8506

Lucas James, LLC

MINORS

We do not provide services or sell products to children. If you are below the age of 18, you may use our website only with the permission and active involvement of a parent or legal guardian. If you are a minor, please do not provide us or other website visitors with any personal information.

PRIVACY POLICY IS PART OF THESE TERMS AND CONDITIONS

Our privacy policy is part of, and subject to, these terms and conditions of use. You may view our privacy policy on http://LucasJamesPersonalTraining.com.

ANTI-SPAM POLICY IS PART OF THESE TERMS AND CONDITIONS

Our anti-Spam policy is part of, and subject to, these terms and conditions of use. You may view our anti-Spam policy on http://LucasJamesPersonalTraining.com.

MODIFICATIONS AND TERMINATIONS

These terms and conditions may change from time to time. If such changes are made, they will be effective immediately, and we will notify you by a notice posted on our website’s home page of the changes that have been made. If you disagree with the changes that have been made, you should not use our website.

We may terminate these terms and conditions of use for any reason and at any time without notice to you.

If you are concerned about these terms and conditions of use, you should read them each time before you use our website. Any questions or concerns should be brought to our attention by sending an e-mail to Lucas[at]Lucas-James.com, and providing us with information relating to your concern.

LICENSEE STATUS

You understand and agree that your use of our website is limited and non-exclusive as a nontransferable revocable licensee. We may terminate your license to use our website, and access to our website, for any reason, and without giving you notice.

CONTENT OWNERSHIP

All content on our website is owned by us or our content suppliers. On behalf of ourselves and our content suppliers, we claim all property rights, including intellectual property rights, for this content and you are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to steal our property.

You agree not to copy content from our website without our permission. Any requests to use our content should be submitted to us by e-mail to Lucas[at]Lucas-James.com.

If you believe that your intellectual property rights have been infringed upon by our website content, please notify us by sending an e-mail to Lucas[at]Lucas-James.com, or by sending mail to us at the address listed below. Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.

DISCLAIMER: The information on this site is for Educational Purposes Only and is not designed to diagnose, treat, mitigate, prevent or cure any health conditions. The U.S. Food and Drug Administration has not evaluated statements about these health topics or any suggested product compositions.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

The information on our website is provided on an ”as is,” ”as available” basis. You agree that your use of our website is at your sole risk. We disclaim all warranties of any kind, including but not limited to, any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in our website will be corrected.

Information on our website should not necessarily be relied upon and should not to be construed to be professional advice from us. We do not guarantee the accuracy or completeness of any of the information provided, and is not responsible for any loss resulting from your reliance on such information.

If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using the site.

Under no circumstances will we be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to our website, your website use, or the content, even if advised of the possibility of such damages.

Our total liability for any claim arising out of or relating to our website shall not exceed one hundred ($100) dollars and that amount shall be in lieu of all other remedies which you may have against us or our affiliates. Any such claim shall be subject to confidential binding arbitration as described later in these terms and conditions of use.

OBSCENE AND OFFENSIVE CONTENT

We are not responsible for any obscene or offensive content that you receive or view from others while using our website. However, if you do receive or view such content, please contact us by e-mail to Lucas[at]Lucas-James.com so that we can investigate the matter. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene or offensive material posted to our website.

INDEMNIFICATION

You understand and agree that you will indemnify, defend and hold us and our affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, arising from your use of our website or your violation of these terms and conditions.

COMPLIANCE WITH GOVERNING LAW AND DISPUTE RESOLUTION

You agree to obey all applicable laws while using our website.

You agree that the laws of Arizona govern these terms and conditions of use without regard to conflicts of laws provisions.

You also agree that any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per the American Arbitration Association commercial arbitration rules. All claims must arbitrate on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. All arbitration must occur in Scottsdale, Arizona. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.

SEVERABILITY OF THESE TERMS AND CONDITIONS

If any part of these terms and conditions of use are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these terms and conditions are fully enforceable and legally binding.

HOW TO CONTACT US

Any questions or concerns about these terms and conditions of use should be brought to our attention by e-mail to Lucas[at]Lucas-James.com, and providing us with information relating to your concern.

ENTIRE AGREEMENT

These terms and conditions, including the policies incorporated herein by express reference, constitute your entire agreement with us with respect to your use of our website.

This Terms and Conditions of Use was last updated on 4-1-2023.

Copyright© 2006-2023 Lucas James, LLC. All Rights Reserved. No portion of this document may be copied or used by anyone other than the licensee without the express written permission of the copyright owner

HEALTH DISCLAIMERS

This website is an educational service that provides general health information. The materials in http://LucasJamesPersonalTraining.com are provided “as is” and without warranties of any kind either express or implied.

AS AN EXPRESS CONDITION TO USING THIS WEBSITE, YOU MUST AGREE TO THE FOLLOWING TERMS. IF YOU DISAGREE WITH ANY OF THESE TERMS, DO NOT USE OUR WEBSITE. YOUR USE OF THIS WEBSITE, AND ANY PARTICIPATION IN ACTIVITIES MENTIONED ON THIS WEBSITE, MEAN THAT YOU ARE AGREEING TO BE LEGALLY BOUND BY THESE TERMS.

1. The website’s content is not a substitute for direct, personal, professional medical care and diagnosis. None of the exercises or treatments (including products and services) mentioned at http://LucasJamesPersonalTraining.com should be performed or otherwise used without clearance from your physician or health care provider. The information contained within is not intended to provide specific physical or mental health advice, or any other advice whatsoever, for any individual or company and should not be relied upon in that regard. We are not medical professionals and nothing on this website should be misconstrued to mean otherwise.

2. There may be risks associated with participating in activities mentioned on http://LucasJamesPersonalTraining.com for people in poor health or with pre-existing physical or mental health conditions. Because these risks exist, you will not participate in such activities if you are in poor health or have a pre-existing mental or physical condition. If you choose to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities.

3. Facts and information are believed to be accurate at the time they were placed in or with pre-existing physical or mental health conditions.. All data provided in this website is to be used for information purposes only. Products and services described are only offered in jurisdictions where they may be legally offered. Information provided is not all-inclusive, and is limited to information that is made available and such information should not be relied upon as all-inclusive or accurate.

4. You agree to hold or with pre-existing physical or mental health conditions., its owners, agents, independent contractors and employees harmless from any and all liability for all claims for damages due to injuries, including attorney fees and costs, incurred by you or caused to third parties by you, arising out of the activities discussed on this website, excepting only claims for gross negligence or intentional tort.

5. You agree that any and all claims for gross negligence or intentional tort shall be settled solely by confidential binding arbitration per the American Arbitration Association commercial arbitration rules. All arbitration must occur in Scottsdale, AZ and Arizona law shall govern. Arbitration fees and costs shall be split equally, and you are solely responsible for your own lawyer fees.

If you have any questions about these disclaimers or about testimonials, reviews, and/or examples found http://LucasJamesPersonalTraining.com, please send an e-mail to Lucas[at]Lucas-James.com.

Please note that the content of this page can change without prior notice.

This Health Disclaimers were last updated on 5-10-2012.

WARNING:

Always consult your personal physician prior to changing or undertaking a new diet or exercise program. Your physician is in the best position to evaluate whether any particular diet or exercise program is best for you. Advance consultation with your physician is particularly important if you are under eighteen (18) years old, pregnant, nursing, obese, heart issues, poor health or with pre-existing physical or mental health conditions. This information is not intended to diagnose, treat, cure, or prevent any disease. Lucas James, LLC or http://LucasJamesPersonalTraining.com is not intended to be a substitute for professional medical advice or treatment. The information on this site is for Educational Purposes Only and is not designed to diagnose, treat, mitigate, prevent or cure any health conditions. The U.S. Food and Drug Administration has not evaluated statements about these health topics or any suggested product compositions.