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Professional Profile Policy

Fitness professionals ("Pros") may elect to create a FitnessPlans Professional Profile. Subject to the FitnessPlans Terms of Use (including the Acceptable Use Policy) and this Professional Profile Policy, Pros can use the features made available on our Platform to promote their business.

Pros on FitnessPlans are expected to treat others with respect, be responsive to current and prospective users and conduct business in accordance with applicable laws and regulations.

By creating a Professional Profile (including by claiming an unclaimed Professional Profile), you acknowledge and agree to each of the following:

Who can use it. You must be at least the age of majority in the state where you live to use the FitnessPlans Platform. Use of the FitnessPlans Platform by anyone under 16 years of age is strictly prohibited!

Authorized Person. You are a principal or employee authorized to create a Professional Profile for the business. You are responsible for any and all activity on your account, including as a result of you choosing to share your account credentials, not keeping your account credentials confidential, or not keeping your account credentials updated.

Accurate Information.
i. You will provide accurate, truthful, and complete information regarding your business, and keep all business information up to date;
ii. You will create only one Professional Profile for your business;
iii. You will pick a categories that accurately describe your products and services; and
iv. Professional Profiles created for business categories not supported by FitnessPlans will be removed without notice.

License Information. If your profession or business requires licensure, you agree to provide all licensing information necessary to list or advertise your business online on FitnessPlans. In addition, you represent that any licensing information you provide is accurate and up to date.

Plans. You agree that any Plans posted on your Professional Profile represent your own work, and you will not claim credit for the work of others.

Affiliations. FitnessPlans may enable you to display your affiliation with certain trade associations relevant to your business. You agree that you will only choose those organizations with which you are actually affiliated for display on your Professional Profile, and promptly remove any affiliations if no longer current. You agree that in certain circumstances FitnessPlans may display your affiliation with certain trade association partners on your Professional Profile on your behalf, e.g. upon verification of membership by the trade association.

No Guaranteed Placements. The appearance of your Professional Profile in FitnessPlans search results is not guaranteed and is dependent on a number of factors, including without limitation the popularity and volume of photos, reviews, and user interactions. FitnessPlans does not guarantee specific placements on FitnessPlans except as part of paid marketing packages.

Reviews. Customers may review your business on your Professional Profile. You understand and agree that while all reviews must follow our Review Policy, FitnessPlans does not remove negative reviews that do not violate our Review Policy, regardless of whether a Pro is a paying customer or not, except as may be required by law. If you attempt to create new or additional Professional Profiles for the same business, we reserve the right to link your prior reviews to your new or additional Professional Profiles.

Removal; Termination. Pursuant to our Terms of Use, if you deactivate or permanently delete your Professional Profile, subject to applicable law, any postings, reviews, photos, or comments you submitted prior to deactivation or deletion may remain published on the Platform after deactivation or deletion. FitnessPlans does not actively monitor the activities of our professionals, whether on or off of our Platform. However, FitnessPlans reserves the right to remove your Professional Profile, deactivate your account, terminate any or all agreements you have with FitnessPlans, or terminate any or all services that FitnessPlans provides to you if we believe you have engaged in criminal behavior (including if you have been indicted of a crime); if you have engaged in other illegal or fraudulent behavior related to your business (including if you are not properly licensed); if you have engaged in abusive, harassing, or threatening behavior on our Platform or towards FitnessPlans or its personnel; or if you otherwise violate our Terms of Use, Acceptable Use Policy, or this Professional Profile Policy. FitnessPlans will maintain a copy of the information associated with your business on the FitnessPlans Platform for 90 days after the deactivation or deletion of your Professional Profile. Unless permanent deletion of the information associated with your business on the FitnessPlans Platform is requested by you, FitnessPlans may retain that information for a longer period of time at its discretion.

Personal Data. Personal data collected with respect to the Pro will be handled by FitnessPlans in accordance with the FitnessPlans Privacy Policy, which is incorporated by reference. To the extent that you receive personal information through our Platform ("User Data"), you may use the User Data only for the intended purpose for which it was provided, i.e. to respond to the applicable person in a timely manner (including to provide information about your services and provide the service requested) or as otherwise authorized by the individual. You shall protect the confidentiality of User Data and use appropriate security safeguards to protect User Data against unauthorized or unlawful processing or use of User Data and against accidental loss, destruction, alteration, disclosure of, or access to User Data. Without limiting the foregoing, you shall not sell User Data, whether for money or other valuable consideration. You will ensure that your use of User Data (including your communications with FitnessPlans users by email, phone, text, or otherwise) is at all times compliant with all applicable laws (including with respect to the period with which you retain User Data) and that you honor requests by individuals exercising their rights under applicable law (e.g. with respect to not contacting the individual further, data deletion, or data access). If a person with whom you have no business relationship does not affirmatively respond to or is not otherwise receptive to your communications, you agree that you will cease communicating to such person through the Platform after a reasonable number of outreaches. You understand and agree that you are the sender of, and responsible for, any of your communications through the Platform, and FitnessPlans is not the sender. If you receive any privacy inquiry or complaint from an individual, regulator or other party related to the use of User Data, you will promptly inform FitnessPlans of such inquiry or complaint and will cooperate reasonably and in good faith to respond to such inquiry or complaint. FitnessPlans limits the access to the information associated with your business on the FitnessPlans Platform on a need-to-know basis (by policy or technical controls) for the uses identified in the FitnessPlans Privacy Policy.

Communications Preferences. When you create an account on FitnessPlans, please note that any prior communications preferences you may have conveyed to FitnessPlans will not be transferred to your FitnessPlans account. We reserve the right to communicate with you using the contact information you provide or that is publicly or commercially available, including to provide you with information about our services and products and with tips and offers.

User Disputes. You agree that you are solely responsible for your agreements or interactions with any FitnessPlans user, and we will have no liability or responsibility in connection with such agreements or interactions. We reserve the right, but have no obligation, to become involved in any way with disputes between you and any FitnessPlans user.

Your Content. To enable FitnessPlans to display your Professional Profile and otherwise provide exposure for your work, we need you to provide us with content and materials about your business ("Customer Content"). You grant FitnessPlans a license to use your Customer Content as set out in the FitnessPlans Terms of Use so that FitnessPlans can display your Professional Profile and promote the FitnessPlans Platform, FitnessPlans or your work. We need you to grant FitnessPlans that license and certain other rights detailed in the FitnessPlans Terms of Use so that technical actions we take in operating the FitnessPlans Platform are not considered legal violations. For example, copyright laws could prevent us from processing, maintaining, storing, backing-up and distributing certain content unless you give us these rights. We also use service providers, such as web hosting services, who need to receive the content in order for us to operate the FitnessPlans Platform. In order to maintain a consistent experience for others in the community who may view our editorial articles that feature your photos or who may have saved your photos to their accounts, your photos and public content remain on our Platform after account closure.