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Our Policies, Terms & Conditions

Please find below our policies, terms and conditions. Use the button here to get back to the training and plans sections when you are ready!

Privacy Policy

Thank you for visiting this web site. We understand the importance that Internet users place on privacy, and this Privacy Policy describes how we use personal information that is collected at this web site. Please read this Privacy Policy before using this site or submitting any personal information. By using this web site, you accept the privacy practices contained in this Privacy Policy. These privacy practices may change from time to time, but any changes will be posted. You are encouraged to review the Privacy Policy whenever you visit the web site to make sure you understand how any personal information you provide will be used. 

INFORMATION WE COLLECT ​​

In order to serve our customers, we collect personally identifiable information, like names, addresses, phone numbers, email addresses, and sometimes credit card information when such information is voluntarily submitted by our visitors. We may use your personal information, transfer your personal information, and/or sell your personal information for any legal purpose, including, without limitation: (1) to deliver the products and/or services to you that you have requested; (2) to validate your compliance with the terms and conditions; (3) for content improvement and feedback purposes; (4) to reach you, when necessary, regarding your use of the web site or product(s); and (5) to bring retail opportunities and promotional offers to you by email, direct mail, telemarketing, and/or online banner advertising. When your information is provided to third parties, these third parties may include providers of direct marketing services and applications. We or these third parties may supplement the information we collect online with outside records to enhance our ability to serve you, to tailor our content to you, and/or to offer you targeted advertising and other opportunities to purchase products and services that we believe may be of interest to you.

We will NEVER share your credit card information with third parties unless you have given us explicit permission to do so, such as in order to fulfill a third party offer that you have accepted from us. By permitting us to collect this information, you will be able to receive free information on products and services that may be of interest to you. You also enable us to personalize your experience with us so that we can provide you with the highest quality of service. By submitting your email address on this web site, you agree to receive email from us and our third party advertisers. We, and our third party advertisers, may maintain separate email lists for different purposes. You can cancel your participation in any of these email lists at any time by clicking the opt-out link or other unsubscribe option that is included in the respective email. We only send emails to people who have authorized us to contact them, either directly, or through a third party.

We do not send unsolicited commercial emails, because we hate spam as much as you do.  In addition, you agree that by submitting your email address on this web site and/or registering to receive the product and/or service offered herein, such act constitutes a purchase, an inquiry, and/or an application for the purposes of the Amended Telemarketing Sales Rule (ATSR), 16 CFR ‘310 et seq. and any applicable state and local “do not call” regulations. We and our third party advertisers retain the right to contact you via telemarketing in accordance with the ATSR and the applicable state regulations. 

THIRD PARTY ACTIONS

 

We do not control and are not liable for the actions of our third party marketers or advertisers. We pride ourselves in working with quality companies, but have no control over the actions of those third parties. While we are not liable for any of the actions of those third parties, you should feel free to give us feedback from time to time on your experiences with any third parties to whom we work with so that we may enhance our future service to all customers.

 

COOKIES

 

We may use cookies to deliver content that is specific to your interests. Cookies are text files that are used by your computer’s web browser to store your preferences, and enable us to enhance your user experience with our web site. 

IP ADDRESSES

 

We may use your IP address to help prevent fraud, to help diagnose problems with our server, to gather broad demographic information, and to offer you products and services. 

 

THIRD PARTY WEB SITES

 

This web site and/or the products and/or services offered herein may direct you to web sites that are owned and/or controlled by third parties. We have no control over those third parties and are not responsible for the content or the privacy practices of those sites or companies. 

 

COMMITMENT TO DATA SECURITY

 

All information collected from you is stored in a technically and physically secure environment. We use SSL encryption to protect sensitive information online, and we do everything we can to protect user information offline. Unfortunately, no transmission over the Internet can be guaranteed to be 100% secure. As a result, while we take reasonable measures to protect your information, we cannot ensure or warrant the security of the information that you transmit to us, and you do so at your own risk. 

 

If you are located in the EU or UK, this section applies to you.

The General Data Protection Regulation (GDPR) and UK GDPR require us to explain the valid legal bases we rely on in order to process your personal information. As such, we may rely on the following legal bases to process your personal information:

 

  • Consent. We may process your information if you have given us permission (i.e., consent) to use your personal information for a specific purpose. You can withdraw your consent at any time by contacting us at theactiveohana@gmail.com.

  • Performance of a Contract. We may process your personal information when we believe it is necessary to fulfill our contractual obligations to you, including providing our Services or at your request prior to entering into a contract with you.

  • Legitimate Interests. We may process your information when we believe it is reasonably necessary to achieve our legitimate business interests and those interests do not outweigh your interests and fundamental rights and freedoms. For example, we may process your personal information for some of the purposes described in order to:

  • Send users information about special offers and discounts on our products and services

  • Develop and display personalized and relevant advertising content for our users

  • Analyze how our services are used so we can improve them to engage and retain users

  • Support our marketing activities

  • Diagnose problems and/or prevent fraudulent activities

  • Understand how our users use our products and services so we can improve user experience

  • Coaching

  • Legal Obligations. We may process your information where we believe it is necessary for compliance with our legal obligations, such as to cooperate with a law enforcement body or regulatory agency, exercise or defend our legal rights, or disclose your information as evidence in litigation in which we are involved.

  • Vital Interests. We may process your information where we believe it is necessary to protect your vital interests or the vital interests of a third party, such as situations involving potential threats to the safety of any person.

CONTACTING US

If you need to contact us, you can email us at theactiveohana@gmail.com or send us a letter at: 4725 Bougainville Drive, #282, Honolulu Hawaii, 96818.

We strive to provide excellent products, along with equally excellent customer service. If you have any questions about this Privacy Policy or our practices, please feel free to contact us using one of the methods listed above. 

Terms & Conditions

 

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for services from the Site.

INTRODUCTION

These Terms, Conditions, & Policies (“TCP”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and The Active Ohana, LLC, concerning your access to and use of the https://www.theactiveohana.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms, Conditions, & Policies. 

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, CONDITIONS, & POLICIES, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time. These supplemental terms are expressly incorporated by reference. We reserve the right, in our sole discretion, to make changes or modifications to these TCPs at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these TCPs, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which TCPs apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised TCP statement.

ABOUT THE ACTIVE OHANA, LLC

The Active Ohana, LLC is registered as a limited liability company in Hawaii. For questions about these terms and conditions, contact theactiveohana@gmail.com

The Active Ohana, LLC provides race directing services, private coaching, and lessons to clients in person and remotely.

 

BEFORE BEGINNING

THE ACTIVE OHANA COACHING IS NOT A SUBSTITUTE FOR MEDICAL OR OTHER HEALTHCARE ADVICE OR SUPPORT

Please read this entire disclaimer to understand your responsibility for consulting these services. As will all fitness consulting, these services are meant to be used as advised by your own medical professional. The results provided during your session should not be construed as professional medical or nutritional advice upon which to rely. Any reliance on results from a session are done at your own risk. Any liabilities incurred are the sole responsibility of the client. 

 

 First, The Site cannot and does not contain medical/health advice. The medical/health information is provided for general informational and educational purposes only and is not a substitute for professional medical advice. Accordingly, before taking any actions based upon such information, we encourage you to consult with the appropriate professionals. We do not provide any kind of medical/healthcare advice. THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THE SITE OR OUR MOBILE APPLICATION IS SOLELY AT YOUR OWN RISK.

Second, The Site cannot and does not contain legal advice. The legal information is provided for general entertainment, informational and educational purposes only and is not a substitute for professional advice. Accordingly, before taking any actions based upon such information, we encourage you to consult with the appropriate professionals. We do not provide any kind of legal advice. THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THE SITE OR OUR MOBILE APPLICATION IS SOLELY AT YOUR OWN RISK.

 

Third, The Site cannot and does not contain financial advice. The financial information is provided for general entertainment, informational and educational purposes only and is not a substitute for professional advice. Accordingly, before taking any actions based upon such information, we encourage you to consult with the appropriate professionals. We do not provide any kind of financial advice. THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THE SITE OR OUR MOBILE APPLICATION IS SOLELY AT YOUR OWN RISK.

 

Finally, The Site cannot and does not contain any other advice requiring the guidance of a licensed, accredited or otherwise board-certified professional. Any nutritional advice is provided for general informational and educational purposes only and is not a substitute for  licensed, accredited or otherwise board-certified professional. Accordingly, before taking any actions based upon such information, we encourage you to consult with the appropriate professionals. We do not provide any kind of professional advice. THE

 

USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THE SITE OR OUR MOBILE APPLICATION IS SOLELY AT YOUR OWN RISK.

 

PAYMENT POLICY

 

Full payment must be made before any coaching or any other service given. The Active Ohana, LLC has the right to refuse to give a coaching or any other service if payment has not been received. 

 

REFUND POLICY 

 

Thank you for your business. We hope you are happy with your coaching. To respect the time and value of our services, monthly coaching in-progress is non-refundable. A month becomes “in progress” the first day workouts are completed in that month. 

 

For coaching that has not yet begun: If you have pre-paid for a session, you may receive a refund if notification is received, in writing, within 24-hours of the start of the session. Notification of cancellation can be made to theactiveohana@gmail.com

 

If you have an extenuating circumstance that you believe deserves a refund, please contact Roberto Luciano at theactiveohana@gmail.com with the following information: 
 

●      Full Name

●      Email

●      Date and Time of Session

●      Description of Circumstance

●      Evidence of Circumstances

 

Refunds in extenuating circumstances are up to the discretion of Roberto Luciano. 

 

If you have any questions concerning our return policy, please contact us at: theactiveohana@gmail.com.

 

DURING A SESSION

 

IN-PERSON SESSIONS BEGIN “ON TIME”

 

Coaching begins at the date and time agreed upon between Roberto Luciano and Client. If Client is more than 5 minutes late, Roberto Luciano reserves the right to cancel the appointment because the value of the session will be impacted. Clients are welcome to schedule a new appointment. 

 

CLIENTS CAN TAKE HANDWRITTEN NOTES OR DIGITAL NOTES. NO RECORDINGS PERMITTED.

  • Recordings of any coaching or any other service by Roberto Luciano are strictly prohibited unless permission is expressly given by Roberto Luciano. 

  • Handwritten and digital notes are permitted for paying clients.

THE ACTIVE OHANA, LLC RESERVES THE RIGHT TO TERMINATE SERVICE MID-SESSION

 

THE ACTIVE OHANA, LLC reserves the right to terminate the coaching relationship at any time.

Some examples of situations where service can and will be terminated: 

  • The Active Ohana, LLC treats all of their customers with courtesy and respect and expects the same treatment in return. Any loud, inappropriate, threatening and /or aggressive language and/or behaviour will not be tolerated and the coaching relationship, session, or any service given will be stopped immediately and no refund given. 

  • Roberto Luciano also reserves the right to terminate coaching or any other service at any point without any explanation at all at the end of the paid period. 

DURING AND AFTER COACHING

 

INDIVIDUAL RESULTS MAY VARY FROM TESTIMONIAL RESULTS

 

The Active Ohana, LLC may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY. 

 

The testimonials on The Active Ohana, LLC are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They appear on the Site as given by the users. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public.

 

The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.

 

The testimonials on the Site are not intended, nor should they be construed, as claims that our products and/or services can be used to diagnose, treat, mitigate, cure, prevent, or otherwise be used for any disease or medical condition. No testimonials have been clinically proven or evaluated.

 

CLIENT SCENARIOS MAY BE ANONYMOUSLY SHARED FOR COACHING PURPOSES

Roberto Luciano may share details of your success and status anonymously with coaches and other business partners. Additionally, you successes may be published as a testimonial of results. Any personal identifying client information or other identifying information will be removed. 

 

WE VALUE YOUR PRIVACY

DEMOGRAPHIC INFORMATION

Roberto Luciano collects the following demographic and personal information: 

  • Name.

  • Birthdate & Age.

  • Fitness level.

  • E-Mail

  • Cell phone Number

  • Address

Roberto Luciano uses the following third-party service providers. By using these providers, Roberto Luciano agrees to share data with these third-parties as part of their terms of use. To learn more about the data sharing information of the providers Roberto Luciano uses, please consult their individual privacy policies. 

  • Facebook & Instagram - Roberto Luciano uses Facebook and Instagram for communication, advertising, and sharing of results. 

  • Quickbooks & Wix - Roberto Luciano uses Quickbooks and Wix to collect payments. 

  • Google - Roberto Luciano uses Google for mail, document storage, and advertising.

  • Final Surge & Training Peaks – Roberto Luciano uses final surge and/or training peaks to save, access and provide coaching data. 

 

SUBSTANTIVE INFORMATION

All information gained during coaching is held confidential between Roberto Luciano and the Client. If a Client, however, raises suspicion of criminal or otherwise unethical activity, Roberto Luciano will report to the appropriate authorities. If Roberto Luciano wishes to share information or feedback gained from coaching, he will request your permission in writing. Roberto Luciano will only share information once permission has been expressly granted by you, Client, in writing. 

Coaching correspondence given by e-mail are kept by Roberto Luciano for a total of 365 days after final coaching services, after which point, they will be deleted from him files. They are kept for that period of time so that he can resend them to the customer only, if they have been lost or accidentally deleted by the customer. They will never be intentionally sent to another person or third party. Please take good care of your data as after this time Roberto Luciano will not be able to resend a copy to you.

HOW TO RESOLVE DISPUTES

CONTACT US IF YOU BELIEVE A COPYRIGHT HAS BEEN INFRINGED

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

 

CONTACT US IN WRITING TO RESOLVE ANY DISPUTES

 

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party. 

 

To resolve a dispute with this Site, contact theactiveohana@gmail.com.

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