Empower Motivation Fitness (“EMF,” “we” or “us” or “our”), understands your concerns about privacy and how your information is used and safeguarded, and we want to provide you with more information on these topics. This Privacy Policy describes the practices, policies and procedures related to the website located at www.EMFmaryland.org (the “Website”), including the types of personal information we collect on the Website, how we may use that information, with whom we share it, and the choices you have regarding our collection, use and disclosure of your information. Please note that this Privacy Policy applies only to our online information-gathering and dissemination practices and does not apply to any of our practices conducted offline. By visiting the Website, you are accepting the practices, policies and procedures described herein, and you are further indicating that you agree to be bound by the terms of this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not visit or use the Website. We may update this Policy from time to time, so please check this Policy periodically for changes. If you have any questions about this Privacy Policy, please do not hesitate to contact us at [email protected]
The notifications provided by this Privacy Policy include:
Personal Information You Provide and How It Is Used
When you visit our Website, you may provide us with personally identifying information (such as name, address, e-mail address, telephone number, and/or credit/debit card information) and other information on a voluntary basis, as more particularly described below. We do not knowingly collect sensitive information, such as Social Security numbers. Please do not send sensitive, personal or confidential information to us directly through the Website, or by email to any of the contact email addresses listed on the Website.
Processing of Payment Transactions, General Donations
In order to process contributions and purchases made through emfmaryland.org and charge your credit card, our third-party payment processor, PayPal, requires that you provide certain personal information. Such information includes your name, billing address, email and credit card information. EMF is not affiliated with PayPal and is not responsible for PayPal’s privacy practices or procedures. PayPal is an industry leader that takes precautions to protect your information, which may include use of the Payment Card Industry (PCI) Data Security Standard (DSS), and that PayPal has implemented procedures to ensure that it is in compliance with the PCI-DSS, currently available at http://www.pcisecuritystandards.org. While EMF does not store your credit card information, some or all of the information you provide may be retained by PayPal for a period of time. Any information that you provide in conjunction with, or related to, a contribution transaction, will be treated in accordance with PayPal’s privacy policy, located at PayPal.com, and we recommend that you review this policy for additional information.
Mailing List
We will add your contact information to our mailing list. You may opt out of receiving future communications from us at any time by clicking the “Unsubscribe” link in any of our emails.
Cookies
A cookie is a piece of information that a web server may place on your computer when you visit a website. Cookies are commonly used by websites to improve the user experience. Many cookies last only through a single website session, or visit. Others may have an expiration date, or may remain on your computer until you delete them. EMF uses “session cookies” so that we can properly verify a user’s identity as they move from one page to the next. We may also use cookies for other purposes, such as to identify and authenticate visitors, to maintain continuity during a user session, to gather data about the usage of our website for research and other purposes, or to store a user name or encrypted identification number so that you do not have to provide this information every time you return to our Website.
Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. Please note, however, that without cookies you may not be able to take full advantage of all the features on our Website. Our cookies do not gather personally identifiable information. In some cases, EMF may also use another company to operate web servers for our Website. EMF uses the cookie information gathered by these companies in the same manner as stated in this Privacy Policy.
Web Beacons
Certain pages on the Website contain “web beacons” (also known as Internet tags, pixel tags and clear GIFs). These web beacons allow third parties to obtain information such as the IP address of the computer that downloaded the page on which the beacon appears, the URL of the page on which the beacon appears, the time the page containing the beacon was viewed, the type of browser used to view the page, and the information in cookies set by the third party. Web beacons also may be used to track whether you have opened an HTML email. When the email is opened, a part of the code that makes up the HTML page calls a web server to load the web beacon that then generates a record showing that the email has been viewed. Web beacons may also recognize when the email was opened, how many times it was forwarded and which URLs (links within the email) were clicked.
IP Addresses
When you visit and interact with the Website, EMF and third parties with whom we have contracted to provide services for us may collect Internet Protocol addresses (each an “IP Address”), as well as browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and page navigation. An IP Address is a unique identifier number that certain electronic devices use to identify and to communicate with each other on the Internet; your Internet Service Provider automatically assigns an IP Address to the computer that you are using. We gather this information to track web site visitor movement in the aggregate, and to gather broad demographic information for aggregate use. Our goal in gathering this information is to learn how our customers and the public are using our service. We may use this information to enhance our Website or for other lawful purposes.
Do Not Track Notice
Some web browsers incorporate a “Do Not Track” feature that signals to websites that you visit that you do not want to have your online activity tracked. How browsers communicate and respond to the Do Not Track signal is not yet uniform. For this reason, like many websites, the Website does not currently respond to or alter practices in response to a Do Not Track signal. Please note that third parties may collect personal information about your online activities over time and across different websites when you visit our Website or other online websites and services. To find out more about “Do Not Track,” you can visit http://www.allaboutdnt.com.
We may disclose all of the information (described herein) that we collect, as stated in this Privacy Policy, including in accordance with the terms set forth in this section. Please note that like many organizations, we use specialist service providers to help run parts of our operations. For example, we contract with Google to provide marketing and data aggregation and analysis services and with PayPal to provide payment processing services. From time to time, these third-party service providers may require access to our database, which may contain personally identifying information belonging to visitors to our Website. Our agreements with our third-party service providers require that they keep this information confidential.
Unless otherwise stated herein, we do not reveal personally identifiable information about you to third parties for their independent use unless: (1) you expressly authorize EMF or an EMF affiliate to do so, (2) it is necessary to allow EMF and its service providers or agents, including but not limited to, our third-party payment processors, to provide services on EMF’s behalf, (3) it is necessary in order to provide products or services to you, (4) the information is disclosed to entities that perform marketing or data aggregation services for EMF, (5) it is necessary in connection with a sale of all or substantially all of the assets of EMF or the merger of EMF into another entity or any consolidation, share exchange, combination, reorganization, or like transaction in which EMF is not the survivor, (6) EMF is required or permitted to do so for any or all of the following reasons: (i) to comply with a subpoena, legal process, government request or any other legal obligation, (ii) to prevent, investigate, detect, or prosecute criminal offenses or attacks on the technical integrity of the Website or our network, and/or (iii) to protect the rights, privacy, property, business, or safety of EMF, its affiliates, subsidiaries, partners, directors, officers, employees, or members, visitors to the Website, or the general public.
We maintain administrative, technical and physical safeguards for the Website designed to protect against loss, misuse or unauthorized access, disclosure, alteration or destruction of the personal information that we collect from you. For example, we use Secure Sockets Layer encryption to protect certain transaction information while in transit. We also restrict access to personal information collected about you on the Website to our employees, those who are otherwise specified in this Privacy Policy, or others who need to know that information to provide services to you or in the course of conducting our business operations or activities. However, no website can guarantee security. Thus, while we have established and maintain what we believe to be reasonable procedures to protect the confidentiality, security, and integrity of personally identifying information obtained through the Website and we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us. Therefore, you understand, acknowledge, and agree that you transmit certain personal information over the Website at your own risk.
We do not knowingly collect, use, or disclose personally identifiable information about visitors younger than 13 years of age. If you are under the age of 13, you are expressly prohibited from accessing/viewing the Website. If you are the parent or guardian of a child under 13 years of age and believe that they have disclosed personally identifiable information to us, please contact us at emfmaryland.org so that we may delete your child’s information.
We may provide links to third-party websites as a service to you or in order to provide you additional information related to the transactions and activities that occur on the Website. Please be aware that we cannot control and are not responsible for the information collection, use, and disclosure practices of such websites. We encourage you to review and understand the privacy practices and policies, if any, of these websites before providing any personally identifying information to them. We are not responsible for the content or information of these websites, any products or services that may be offered through these websites, or any other use of the linked websites.
We reserve the right to revise this Privacy Policy at any time by updating this posting. Please check back regularly and to see if there have been any changes to this policy, which you can determine by reviewing the Effective Date listed below. By continuing to use the Website after those changes become effective, you agree to be bound by the revised Privacy Policy.
If you have any questions or comments about this Privacy Policy, or if you would like us to update or correct information we have about you or your preferences, please contact us by email at [email protected] or you may write to us at:
EMF
2024 West St
Suite 101
Annapolis, MD 21401
You can visit the Website and access some of the Content, Services, features and functionality without being required to provide any personal information. However, access to certain Content, Services, features and functionality may require that you provide us with some personally identifying information about yourself, as more specifically detailed in our privacy policy. If you opt to make a monthly, recurring donation, you will also have the option of storing credit card information in order to easily facilitate such future donations, as further described below.
EMF’s Website is intended solely for users who are 13 years of age or older, and any registration by, use of or access to the Website by anyone under 13 is unauthorized. If you are under 13, you are only allowed to access this Website with your parent or guardian’s permission and supervision. If you are 13 or older but under the age of 18, you should review these terms of use with your parent or guardian to make sure that your parent or guardian understands them, agrees to be bound by them and you should only use the Website with their permission and under their supervision. Additionally, you have to be 18 years of age or older if you want to conduct any type of financial transaction on the Website, and further provided that we reserve the right to limit certain other activities related to the work that we do – such as organizing an event – to those who are at least 18 years of age.
EMF hereby grants you a limited license to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of EMF or as otherwise explicitly permitted. This license does not include any resale or commercial use of this Website, Services or the Content; any derivative use of this Website, Services or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of EMF. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of EMF without EMF’s express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of EMF’s name(s) or service marks without the express written consent of their owners. We (or the respective third party owners of Content) retain all right, title, and interest in this Website and any Content on this Website, including any and all intellectual property rights. We (or the respective third party owners of Content) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by EMF.
Copyright
Except as otherwise expressly stated, all Content appearing on this Website is the copyrighted work of EMF or its third party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of EMF and is protected by U.S. and international copyright laws. You may download information from this Website and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from this Website, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of EMF or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by EMF. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. EMF does not warrant or represent that your use of Content, Products and Services or any other materials displayed on this Website will not infringe rights of third parties. If you believe that any Content on this Website violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately at [email protected] with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint.
Trademarks and Service Marks
Certain trademarks are the service marks and trademarks of EMF. The EMF name, logo, tagline, the domain name for this Website, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of EMF. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorization of EMF.
You acknowledge and agree that you shall not engage in any conduct, use or attempt to use this Website, (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) that could interfere with any other party’s use and enjoyment of the Website. Nor shall you use or attempt to use this Website or Services to: (i) access systems, data or information not intended by EMF to be made accessible to a user or (ii) attempt to obtain any materials or information through any means not intentionally made available by EMF. In addition, in connection with your use of the Website, you agree you will not: a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity; b) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; c) use the Website’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); d) violate any applicable local, state, national or international law; e) delete or revise any material posted by any other person or entity; f) manipulate or otherwise display the Website by using framing, mirroring or similar navigational technology or directly link to any portion of the Website other than the main homepage EMFmaryland.org, in accordance with the limited license and site access outlined above; g) probe, scan, test the vulnerability of or breach the authentication measures of, this Website or any related networks or systems; h) harvest or otherwise collect information about others, including e-mail addresses; or i) use any robot, spider, scraper, or other automated or manual means to access this Website, or copy any Content or information on this Website. EMF reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user’s access and/or account. EMF may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, EMF reserves the right at all times to disclose any information as EMF deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in EMF’s sole discretion.
Disclaimers
The Content, materials, resources and other information contained on this Website have been prepared by EMF as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. EMF has used reasonable efforts in collecting, preparing and providing such Blogs, Content, materials, resources and other information.
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL BLOGS, CONTENT, RESOURCES, MATERIALS, SERVICES AND OTHER INFORMATION ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND EMF EXPRESSLY disclaims all warranties and conditions with respect to the WEBSITE AND ALL ELEMENTS THEREOF, whether implied, express, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, noninfringement of third-party rights, SATISFACTORY QUALITY, quiet enjoyment and accuracy. EMF MAKES NO WARRANTY THAT THE WEBSITE, BLOGS, CONTENT, PRODUCTS, SERVICES, MATERIALS OR ANY OTHER INFORMATION IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED, NOR DO WE MAKE ANY PROMISES THAT THE SERVICES THAT WE OFFER WILL BE AVAILABLE TO YOU.
THE CONTENT AND SERVICES OFFERED ON THE WEBSITE IS INTENDED TO EDUCATE USERS ON HEALTH CARE AND MEDICAL ISSUES RELATED TO PARKINSON’S DISEASE. NEITHER THE CONTENT NOR THE SERVICES SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. YOU HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT THIS WEBSITE, ITS SERVICES AND CONTENT DO NOT CONSTITUTE THE PRACTICE OF ANY MEDICAL, NURSING OR OTHER PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS OR TREATMENT. YOU SHOULD ALWAYS TALK TO YOUR HEALTH CARE PROVIDER FOR SPECIFIC GUIDELINES AND INSTRUCTIONS, INCLUDING THOSE RELATED TO DIAGNOSIS AND TREATMENT OF MEDICAL CONDITIONS, INCLUDING YOUR SPECIFIC MEDICAL NEEDS IN REGARD TO PARKINSON’S DISEASE. IN PROVIDING THE CONTENT AND SERVICES WE ARE IN NO WAY REPRESENTING OR WARRANTING THAT SUCH SERVICES AND CONTENT IS APPLICABLE OR APPROPRIATE FOR YOUR NEEDS AND/OR CONDITION. IF YOU ARE IN THE UNITED STATES AND ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911.
In addition to the above warranty disclaimers, YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL EMF BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF INCOME, LOSS OF GOODWILL OR REPUTATION, DAMAGE TO OR CORRUPTION OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE (OR INABILITY TO USE THE WEBSITE), THE SERVICES, CONTENT, THE BLOGS OR BLOG CONTENT, OR ANY OTHER MATERIALS, SERVICES OR INFORMATION CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM EMF, EVEN IF EMF HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE EMF AND ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold harmless EMF, its affiliates, its contractors, and all of its and their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from i) your use of this Website, Content or services, ii) your fraud, violation of law, or iii) willful misconduct, and any breach by you of this TOU as stated herein or as modified from time to time in EMF’s sole discretion.
If any provision(s) of the TOU is deemed unlawful, void or for any reason unenforceable, then such provision(s) shall be deemed severable from this TOU and shall not affect the validity and enforceability of any remaining provisions. No waiver or failure to enforce of any of the terms of the TOU shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
This TOU and your access to and use of this Website are governed by and construed in accordance with the laws of the State of Maryland without resort to its conflict of law provisions. You agree that any action at law or in equity arising or in any way relating the TOU or Website shall be filed only in the state and federal courts located in the state and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding.
YOU AND EMF AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR EMF WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR EMF ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND EMF FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, EMF, AND ALL PARTIES TO ANY SUCH PROCEEDING.
EMF shall not be liable for any failure or delay in performance due in whole or in part to any cause beyond our reasonable control, or the reasonable control of our contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.
