PRIVACY POLICY

Effective August 1, 2005

Apex Fitness Group (“Apex”) takes your privacy seriously. Earning and maintaining your trust is important to us. We want you to understand what information we gather from you, how this information is used and protected, and what choices you have about how your information is used. This Privacy Policy & Agreement ("Privacy Policy") discloses the privacy practices of the Apex websites, which include but are not limited to apexfitness.com, bodybugg.com and myapex.com (“Apex Websites”). By using these websites, you agree, without limitation or qualification, to be bound by this Privacy Policy. This Privacy Policy applies only to information collected by Apex Websites.

Club Level:

The Club and Fit Pro agree to adhere to the Privacy Policy in terms of the treatment of their clients. The Club Owner will sign the Privacy Policy when he/she agrees to the License terms. The Fit Pro will sign the Privacy Policy when they register for the first time as a Fit Pro at Apex Websites.

User Level:

The user will read, sign and accept the Privacy Policy when he/she logs on for the first time at Apex Websites.

Please know that any information (including personal and health-related information) you reveal in a website public forum (such as a message board, online meetings, posting, chat room/event, or similar electronic public venues) is not protected by this Privacy Policy. Such postings will be seen by website members and/or guests and third parties not related to the Apex Websites. What you write could be used by others in ways we are unable to control or predict, including to contact you for unauthorized purposes. Apex Websites may contain links to other sites. Apex is not responsible for the privacy practices of such other sites. Apex encourages you to read the privacy statements of each website that you visit. Apex's privacy statement applies solely to information collected by Apex through Apex Websites.

A component of the bodybugg™ System, the bodybugg ™ armband, when worn on the body, allows users to measure calories burned, minutes of physical activity and number of steps. The system also estimates daily caloric intake based on the calories burned and mass changes. The armband communicates with the user's personal computer to retrieve the physiologic data and the information can be accessed by the weight management professionals via the bodybugg web application. Because each system is customized to individual needs and requires the collection of personal information, we take great care to maintain the privacy and security of our customers' data, while at the same time providing them with the information they need to make the right decision.

Apex Fitness Group takes reasonable precautions to protect users' information. When users submit sensitive information via the website, your information is protected both online and off-line. We use industry standard practices to protect your information. The more sensitive information (like credit cards, personally identifiable information) is encrypted and is protected with 128-bit SSL and PGP.

The servers on which we store personally identifiable information are kept in a secure environment. Our servers use cookies to send information between your computer and the bodybugg™ System, which do not contain any personal data, other than your username. We will discuss cookies further on in this policy.

We at Apex Fitness Group are committed to creating a safe and secure user experience. If you have any questions about our Privacy Policy, please e-mail us at privacy@apexfitness.com or call us at 1-800-656-2739, 7:00 a.m. - 7:00 p.m. Pacific Time, Monday-Friday.

Apex Fitness Group collects information from its customers at several different points. It is the sole owner of the information collected on Apex Websites, and we will not use it in ways different from what is disclosed in this statement.

Personally Identifiable Information We Gather:

In order to obtain access to certain portions of the Apex Websites , we ask you to provide us with various pieces of information, some of which may enable us to distinguish you from other users. Certain other areas of the site may ask for additional information on your habits or health. If you are a Licensee seeking to make purchases online, we may also ask for identifying information that will enable us to process your orders. This registration information is personally identifiable information because it allows us to contact you and distinguish you from other users. Personally identifiable information may include your name, street address (including city, state and zip code), telephone number, birth date (primarily for eligibility purposes), and billing and credit card information. We may request personally identifiable information from you when you register on our website.

Some users may also buy health products, supplements, or other items on our site. If you make purchases through Apex Websites , we need to gather information relating to the sale, including what you are buying, how you are paying and where you would like the products shipped. However, we will use that Transactional Information only to complete the transaction, to provide you with an order history and to facilitate future orders. We may also use information about the transaction for aggregate reporting (where we summarize the data in a report that does not contain your personally identifiable information).

You can always contact us in order to (1) update or correct your personally identifiable information, or (2) change your preferences with respect to communications and other information you receive from us by sending an e-mail to privacy@apexfitness.com . Such updates, corrections, changes, and deletions will not have an effect on other information that we maintain, or information that we have provided to third parties in accordance with this Privacy Policy prior to such update, correction, change, or deletion.

You should be aware that it is not technologically possible to remove each and every record of the information you have provided to us from our system. The need to back-up our systems to protect information from inadvertent loss means that a copy of your personally identifiable information may exist in a non-erasable form that will be difficult or impossible for us to locate. We promise that promptly after receiving your request, all personally identifiable information, corrected, changed, or deleted, as appropriate, as soon as reasonably practicable.

Other Information :

In order to maintain and improve Apex Websites , we also gather some statistical data when you visit these sites. The exact information we collect may vary, but can include the date and time of access to our sites, the Internet Protocol address of a computer requesting a page, the pages requested, computer and connection information such as browser type and operating system. We do not associate this statistical information with your personally identifiable information. Also, if you respond to a poll, we will aggregate your responses with those of other Apex Website members, but we do not associate your response with any personally identifiable information.

How We Use That Information :

As noted, we gather information for purposes of providing and improving Apex Websites for you. For example, we use the information to allocate system resources and communicate with you about updates and new features, among other things. We also aggregate information supplied by users during registration and information about their use of Apex Websites to maintain our services and describe our user base to potential partners, investors and advertisers. In providing this aggregated data about our community of users, however, we do not reveal any user's personally identifiable information.

We do not rent, sell, transfer or otherwise disclose your personally identifiable information to any third party, except in limited circumstances set forth here.

We may employ other companies to perform functions on our behalf, such as fulfilling orders, delivering packages, providing customer service, sending mail, processing credit card payments, holding live chats, hosting message boards or other functions necessary for us to provide services to you. We may need to share your personally identifiable information with these companies. However, we will provide them with only the information necessary to perform their functions, and will not allow them to use that information for any other purposes.

To enhance our service, we may offer users the opportunity to participate in partnerships we may have with other businesses. If you choose to participate in one of these partnerships (for example, during the registration process), we may share with our partner the personally identifiable information it needs to offer its services to you. In such cases we'll post clear notices to identify the partner. If you're not comfortable with their privacy guidelines or for any other reason, you'll always have the choice not to use those features or services.

We may reveal your personally identifiable information as necessary, if we reasonably believe that you are harming or interfering with other Apex Website users or anyone else; violating (either intentionally or unintentionally) our Privacy Policy; infringing any of the Apex Websites' rights; or trespassing on, damaging, or abusing any of Apex Websites' property. Apex Websites will reveal information, including personally identifiable information, to the extent it believes it is required to do so by law. If we are asked by subpoena or other legal means to disclose any of your personally identifiable information we will, if permitted by law, attempt to notify you via any e-mail address we have on file for you at least ten days before we respond to the request. Apex Websites may transfer any information, including any personally identifiable information, in connection with a sale of all or most of the assets of the company.

Account Creation & Order Fulfillment

In order to buy and use the bodybugg™ System, you must first create an account on Apex Websites. While creating an account, you are required to provide us with personally identifiable information. This information includes your first and last name, e-mail address and mailing address. In addition, you are also required to choose a user name and password for use throughout our website. This information is used to create a user account in the system, which enables you to buy and use the product online. We also request your daytime phone number, shipping address, and financial information (credit card type, number, expiration date and billing address). These details are used to complete your order and used for billing purposes only.

Cookie Usage

A cookie is a piece of data stored on your computer's hard drive that contains information about you and your computer. The cookies used on the Apex Websites do not contain any identification that would be useful to another individual or organization. We use cookies to look up your member information and route you directly to Apex Websites to see your personal data. While you use the site, the cookie stores your member ID so you don't have to log on more than once during a session thereby saving time while on our sites. Once you log out or close the browser the cookie is deleted from your computer.

If you have set your browser to warn you before accepting cookies, you will receive the warning message with each cookie. You may refuse cookies by turning them off in your browser; however some of our sites may require a cookie for access.

bodybugg™ System Usage

The information collected by the bodybugg™ System is stored in a safe and secure location. We provide the unidentifiable information to our technology partner BodyMedia, Inc. (www.bodymedia.com) to improve the features and functionality of the bodybugg™ System. Be assured, your personal information is not being shared with anyone who is not authorized either at BodyMedia, Inc. or Apex Fitness Group.

Web Site Traffic Data

We use traffic data software on our servers to analyze trends and gather broad demographic information for aggregate use. This information is not linked to personal information, and does not reveal your identity.

Policy Changes

If we change this Privacy Policy in any substantial way, we will notify you at least thirty days in advance by posting a notice of the change prominently on our websites. Changes will not be applied retroactively to information obtained under a previous policy without your express consent.

Questions about this Policy

If you have any questions about this Privacy Policy or other privacy questions about us, please e-mail us at privacy@apexfitness.com or write to us at: Apex Fitness Group, 100 Camino Ruiz, Camarillo, CA 93012.

I hereby accept this Privacy Policy. In doing so, I consent and agree that Apex Fitness Group may use my program data for general research and validation studies.