 Get Moving Catalog (a TAG Fitness d.b.a.) is an Independent Beachbody Coach & proud member of the Team Beachbody family. We are an authorized source for Beachbody products.
Please Review our Terms and Conditions Prior To Using This Website.
Terms and Conditions governing my access to and participation on the WOWY SuperGym™ Daily Sweepstakes.
Terms and Conditions governing my access to and use of the Team Beachbody website.
WELCOME TO TAG FITNESS. PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ANY AMENDMENTS THERETO, AND AGREE THAT YOU ARE AT LEAST 13 YEARS OF AGE AND ELEGIBLE TO USE THIS SITE. IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MUST USE THIS SITE ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN.
IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THIS SITE.
Copyright and Trademark Notice
Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of TAG Fitness, LLC. and/or our underlying product and/or content suppliers. You may use the content of this site only for the purpose of shopping or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or by any means. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Credit Cards
We accept the following credit cards: American Express, Visa, MasterCard, and Discover. There is no surcharge for using your credit card to make purchases. Please be sure to provide the exact billing address and telephone number your credit card bank has on file for you. Incorrect information will cause a delay in processing your order. Your credit card will be billed upon successful processing of your order.
Money Orders, Cashier’s Checks, Company Checks, & Personal Checks
We accept money orders, cashier’s checks, personal checks and company checks in U.S. Dollars only. Orders are processed upon receipt of a money order or cashier’s check. For personal and company checks, please allow up to 10 banking days after receipt for clearance of funds before the order is processed. We cannot guarantee the availability of a product by the time funds clear or payment is received.
We will charge a $25 fee on all returned checks.
Multiple Product Orders
For a multiple product order, we will make every attempt to ship all products at the same time. Products that are unavailable at the time of shipping will be shipped as they become available, unless you inform us otherwise. You will only be charged for shipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge may be applied to the first product(s) shipped on a multiple shipment order.
Please note that some of our suppliers ship directly to you so you may receive your order in multiple shipments, In addition, you may receive an invoice only from the specific supplier (and we will accept these invoices as your receipt in case of a return).
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. TAG Fitness, LLC reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.
Other Conditions
These Conditions will supersede any terms and/or conditions you include with any purchase order, regardless of whether TAG Fitness, LLC signs them or not. We reserve the right to make changes to this site and these Conditions at any time.
Out-of-Stock Product
TAG Fitness, LLC will keep you informed of any products that you have ordered that are out-of-stock and unavailable for immediate shipment.
Privacy
We keep your personal information private and secure. When you make a purchase from our site, you provide your name, email address, credit card information, address, phone number and a password. We use this information to process your orders, to keep you updated on your order status and to personalize your shopping experience.
Our secure servers protect your information using advanced encryption techniques and firewall technology. To keep you informed about our latest offers, we may notify you of current promotions, specials and new additions to our site. You may unsubscribe from our newsletters by following the unsubscribe instructions in any email you receive from us.
When entering any of our contests or prize drawings, you provide your name, email address and mailing address. If you win, we will send the prize to the address entered and notify you by email. When you enter a contest or drawing you are also included in our newsletter list to receive notice of promotions, specials and new additions to the Sample Store site.
You may unsubscribe from this news list by following the unsubscribe instructions in any email received.
Links
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we're not responsible for the operation of or content located on or through any such site.
Cookies
TAG Fitness, LLC may use cookies. Cookies are small bits of data that help web servers remember you when you return to our website. The use of cookies DOES NOT harm your computer and allows us and our web servers to provide you with valuable information based on your last visit.
Privacy on Other Web Sites
Other sites accessible through our site have their own privacy policies and data collection practices. Please consult each site's privacy policy. Our Store is not responsible for the actions of third parties.
Our Guarantee
In the event that you are not 100% satisfied with your purchase, all products sold on this site carry a 30-day money-back guaranty (less shipping and handling) from the delivery date by the manufacturer or distributor of the product.
Returns
TAG Fitness is committed to deliver to our customers the best quality fitness products and nutritional supplements. We understand that returns are sometimes necessary, that’s why are offer a no-hassle return service.
To initiate a return, please go to the Shipping and Returns tab and follow the listed instructions.
Order Cancellation
We are sorry, but we cannot cancel your order. Order processing begins when the order is received. If you decide that you do not want the item/items that you have ordered, once you receive them, please initiate a return, and we will issue a refund. Shipping charges are non refundable.
Order Exchange
We are sorry, but we cannot exchange your order. Order processing begins when the order is received. If you decide that you do not want the item/items that you have ordered, once you receive them, please initiate a return, and we will issue a refund. Shipping charges are non refundable.
Shipping Policy
Please allow 24-36 hours for order processing prior to shipment for orders placed Sun-Thurs and 36-48 hours for orders placed Fri-Sat. We do not process orders on weekends or major holidays.
* Note: We ship to the U.S., its territories, APO/FPO addresses and Canada ONLY. Orders shipped to Canada may be subject to duty inspections.
In most cases TAG Fitness utilizes Federal Express(FedEx) Smart Post service as the default standard delivery service for standard street addresses. Expedited delivery options for FedEx Home Delivery and FedEx 2-Day Air are available for an additional cost. For P.O. Box addresses and for APO/FPO addresses, DHL Smartmail service is the default delivery service used.
Shipping & Handling Rates
FedEx Home Delivery 9.5% of retail product total ($7.95 minimum)
FedEx 2-Day Air 12% of retail product total ($14.95 minimum)
Note: Certain heavy tems may include a shipping surcharge of between $5.00 and $15.00 in addition to the shipping rates shown above.
Estimated Standard Delivery Times
Please use this as a guide for estimated delivery times. A business day is considered to be Monday through Friday, excluding holidays.
Shipments within the Continental US will have an estimated delivery time of 7 – 9 business days.
Shipments to Alaska and Hawaii may take 10 to 12+ business days from the date your order has shipped.
Shipments to Puerto Rico may take up to 3 to 4 weeks for delivery from the date your order has shipped.
Packages sent to P.O. Box addresses will be sent by DHL Smartmail and may take up 10 to 12+ business days from the date your order has shipped.
For APO/FPO addresses DHL Smartmail is also used and may take up to 3 to 4 weeks for delivery, depending upon location.
Sales Tax
Sales Tax will be collected for those orders shipped to addresses within the State of Florida.
Typographical Errors
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Our Store shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Our Store shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Our Store shall immediately issue a credit to your credit card account in the amount of the incorrect price charged.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THIS SITE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE.
YOU ACKNOWLEDGE THAT TAG FITNESS, LLC DOES NOT CONTROL IN ANY RESPECT ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO TAG FITNESS, LLC FROM THIRD PARTIES. EXCEPT AS OTHERWISE AGREED IN WRITING, TAG FITNESS, LLC AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, NON-INFRINGEMENT, OR USEFULNESS OF CONTENT OR PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY TAG FITNESS, LLC OR THIRD PARTIES THROUGH THIS SITE. NOR DOES TAG FITNESS, LLC MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, ITS CONTENT OR THE PRODUCTS, CONTENT OR SERVICES OFFERED THEREIN.
CERTAIN WARRANTIES IN REGARD TO PARTICULAR PRODUCTS FOR SALE ON THE SITE MAY BE APPLICABLE THROUGH MANUFACTURERS' WARRANTIES, THOUGH NOT THROUGH TAG FITNESS, LLC. SEE THE WARRANTIES INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS FOR FURTHER DETAILS REGARDING WARRANTIES PROVIDED BY MANUFACTURERS OF PRODUCTS AVAILABLE THROUGH THE SITE.
ALTHOUGH TAG FITNESS, LLC STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, TAG FITNESS, LLC DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF VIRUSES, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL OR DESTRUCTIVE CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS. IN ADDITION, TAG FITNESS, LLC DOES NOT WARRANT THAT ACCESS TO THIS SITE, THE SITE AND ANY FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.
TAG FITNESS, LLC DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED, UPDATED OR CORRECTED. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THIS SITE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow the limitation or exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you. The terms of this section shall survive any termination of the Terms.
Limitations on Liability
IN NO EVENT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE OR INTENTIONAL ACTS, SHALL THE COMPANY OR ITS AFFILIATES BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITE; (II) THE USE OR INABILITY TO USE THIS SITE; (III) THE PURCHASE OR USE OF ANY PRODUCTS, CLUBS OR SERVICES THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO THE SAFETY OR FUNCTION OF ANY PRODUCT, CLUB OR SERVICE; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (V) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS); OR (VI) OTHERWISE UNDER THIS AGREEMENT, EVEN IF TAG FITNESS, LLC OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THIS SITE IS TO DISCONTINUE ANY USE OF THIS SITE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TAG FITNESS, LLC’S LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT ACTUALLY PAID, IF ANY, BY YOU TO TAG FITNESS, LLC FOR ANY PRODUCTS, CLUBS OR SERVICES SUPPLIED BY TAG FITNESS, LLC THROUGH YOUR USE OF THE SITE IN THE TWELVE (12) MONTH PERIOD PRECEDING ANY SUCH CLAIM.
TAG Fitness, LLC will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including without limitation Internet outages, electrical or communications outages, fire, flood, terrorism, acts of God or nature, or war.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you. In such jurisdictions, liability is limited to the fullest extent permitted by law.
The terms of this section shall survive any termination of the Terms.
Terms and Conditions governing my access to and participation on the WOWY SuperGym™ Daily Sweepstakes.
SPONSORED BY: PRODUCT PARTNERS, LLC
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1.
Sweepstakes Period: The first WOWY® SuperGym Sweepstakes begins on
January 1st, 2010 at 12:00 a.m. Pacific Time ("PT") and ends on January
1st, 2010, at 11:59 p.m. PT. Subsequent Sweepstakes take place on a
daily basis and begin at 12:00 a.m. PT and end at 11:59 p.m. each day
thereafter for a period of 364 days. The final Sweepstakes begins on
December 31, 2010 at 12:00 a.m. and ends on December 31, 2010 at 11:59
p.m. Sponsor’s computer is the official time keeping device for each of
the Sweepstakes (individually and collectively, the “Sweepstakes”).
2.
How to Enter: Register and become a member of the Team Beachbody Club
(“Beachbody Club”) during a daily Sweepstakes period at
www.teambeachbody.com by paying $2.99 per week (or other fee as
applicable to the specific Member) and completing the information
required on your profile page. All registrations must include your
current full name, email, home address and telephone number. (See
www.teambeachbody.com for details). Once you have registered for the
Beachbody Club, you will need to log on to WOWY Super Gym and enter one
workout session on the same day that you register to receive one (1)
entry into the daily Sweepstakes for the day upon which your entry is
received. As long as your Beachbody Club account is current, you may
enter subsequent daily Sweepstakes merely by logging into the WOWY Super
Gym and entering that day’s workout under your account.
Alternatively,
you can enter by visiting www.teambeachbody.com and following the links
and instructions to complete the registration process to log on to the
WOWY Super Gym, including by uploading your original, current photo
(optional in Tennessee). (See photograph
requirements
below) Complete and submit all information required including your
name, email address, state, gender and selecting a screen name and
password. Once you have completed the registration process, you will
need to complete all fields of the Sweepstakes entry form located at
http://www.milliondollarbody.com/bbst/enter_daily_contest.htm
and submit the completed form by 11:59 pm PT for each day you wish to
enter the sweepstakes, enter the WOWY Super Gym and complete a workout
session on the same that day you register to receive one (1) entry into
the daily Sweepstakes for the day upon which your entry is received. You
may enter subsequent daily Sweepstakes by submitting the completed
alternate entry sweepstakes form for that day and logging into the WOWY
Super Gym and entering that day’s workout under your account.
Limit:
One (1) entry per daily Sweepstakes regardless of method used and
number of times accessing the WOWY Super Gym during each daily period.
The use of multiple email addresses, identities, registrations and
log-ins, automated systems or any other attempt to obtain multiple
entries will result in disqualification of all entries. In the event of a
dispute as to any entry, the authorized account holder of the email
address used to logon will be deemed to be the valid entrant. The
“authorized account holder” is the natural person assigned an email
address by an Internet access provider, online service provider or other
authorized entity. The potential winner may be required to verify
authorized account holder status.
Photograph
Requirements: The photograph must be a current depiction of you and
must clearly include your face (but need not also include a full-body
view). Sponsor reserves the right to disqualify entries that include
photographs which are deemed, at Sponsor’s sole discretion, to be lewd,
pornographic, fake, doctored, enhanced, offensive or inappropriate in
any manner. In addition, upon submission, the profile photograph must be
set by the entrant to “public viewing” and any profile photographs set
for “private viewing” will be disqualified. All entries become the
property of Sponsor, will not be acknowledged or returned and are
submitted subject to the release paragraph below.
3.
Eligibility: Each daily Sweepstakes is open only to legal residents of
the United States, excluding Puerto Rico and the territories of Guam and
the Virgin Islands, who are at least 18 years old or the age of
majority in the entrant’s legal state of residence and have access to
log
into the WOWY Super Gym through the Internet at the time of entry.
Employees of Sponsor, Team Beachbody, Beachbody.com and their parent and
affiliate companies as well as the immediate family (spouse, parents,
siblings and children) and household members of each such employee are
not eligible. Subject to all applicable federal, state, and local laws
and regulations. Void in Puerto Rico, Guam, Virgin Islands and where
prohibited by law. By submitting an entry, you confirm your full and
unconditional agreement to these Official Rules and Sponsor’s decisions,
which are final and binding in all matters related to the Sweepstakes.
Winning a prize is contingent upon fulfilling all requirements set forth
herein. Entries become the property of Sponsor and will not be
acknowledged or returned.
4.
Prize Drawing: Sponsor will randomly select One (1) potential daily
Sweepstakes winner from all eligible entries received during each
particular daily Sweepstakes period on or about the following day. The
first Sweepstakes drawing will take place on or about January 2, 2010.
Odds of winning any daily Sweepstakes depend on the total number of
eligible entries received for that day.
The
potential prize winner for any daily Sweepstakes will be notified by
email at the email address given in the registration entry. The
potential winner will be required to sign and return to Sponsor, within 7
days of notice or attempted notice, a W-9 tax form and an affidavit of
eligibility and liability/publicity release in order to claim his/her
prize. If a potential winner fails to sign and return the W-9 and
affidavit of eligibility and liability/publicity release within the
required time period, the prize will be forfeited and it will be awarded
to an alternate, randomly selected potential winner who is also subject
to verification.
5.
Prize: One (1) prize will be awarded per daily Sweepstakes to One (1)
verified winner consisting of one (1) of the following prizes
distributed over 365 Sweepstakes periods (from January 1, 2010 through
December 31, 2010):
• 209 prizes of $300 cash
• 52 prizes of $1,000 cash
•
104 prizes of prizes selected by Sponsor, including prizes consisting
of or substantially similar to Apple® iPods® , Canon® Powershot® Digital
ELPH® cameras, portable widescreen DVD players and Sony® Handycam®
Digital Camcorders (Approximate retail value of $249.00 - $299.00)
The
prize for each daily Sweepstakes will be posted at
www.teambeachbody.com around 12:00 a.m. P.T. on the date of the
Sweepstakes. Prizes are not transferable. No prize substitutions are
allowed except at the sole discretion of Sponsor who reserves the right
to substitute a prize of equal or greater value. Daily winners are
solely responsible for any applicable local, state or federal taxes.
The
Sweepstakes is not sponsored, endorsed or authorized by Apple Computer,
Inc., Sony Corporation, Canon, Inc. or any other manufacturer of any
prize awarded by Sponsor.
6.
Release: By entering any daily Sweepstakes or taking receipt of any
prize, you agree to release and hold harmless Sponsor, Beachbody.com,
Team Beachbody and their respective subsidiaries, affiliates, suppliers,
distributors, advertising/promotion agencies, and prize suppliers, and
each of their respective parent companies and each such company’s
officers, directors, employees and agents (collectively, the “Released
Parties”) from and against any claim or cause of action, including, but
not limited to, personal injury, death, or damage to or loss of property
or privacy, arising out of participation in the Sweepstakes or receipt
or use or misuse of any prize. By entering the Sweepstakes, you
represent that the photograph provided is an original, current and
accurate depiction of you for which you have all rights and authority of
use. Further, by uploading the photograph, you grant the Released
Parties the right to publish the photo on the www.teambeachbody.com
website and related Team Beachbody and Beachbody websites and to use the
photo in connection with the Sweepstakes without compensation, except
where prohibited by law.
7.
Publicity: Except where prohibited, participation in any daily
Sweepstakes constitutes winner’s consent to Sponsor’s and its agents’
use of winner’s name, likeness, photograph, voice, opinions and/or
hometown and state for promotional purposes in any media, worldwide,
without further payment or consideration.
8.
General Conditions: Winning a prize in any daily Sweepstakes is
contingent upon fulfilling all tax, regulatory and legal obligations
(including completion of any forms required in connection therewith) and
any other requirements set forth in these Official Rules, which shall
all be at your sole obligation. Sponsor reserves the right to cancel,
suspend and/or modify any and/or all daily Sweepstakes, or any part of
thereof, if any fraud, technical failure or any other factor beyond
Sponsor’s reasonable control impairs the integrity or proper functioning
of the Sweepstakes in any manner, or for any reason
related
to the administration of the Sweepstakes, as determined by Sponsor in
its sole discretion. Sponsor reserves the right in its sole discretion
to disqualify any individual it finds to be tampering with the entry
process or the operation of any Sweepstakes or to be acting in violation
of these Official Rules or any other Sponsor promotion or in an
unsportsmanlike or disruptive manner. Sponsor’s failure to enforce any
term of these Official Rules shall not constitute a waiver of that
provision.
9.
Limitations of Liability: The Released Parties are not responsible for:
(1) any incorrect or inaccurate information, whether caused by
entrants, printing errors or by any of the equipment or programming
associated with or utilized in any Sweepstakes; (2) technical failures
of any kind, including, but not limited to malfunctions, interruptions,
or disconnections in phone lines, cable connections or network hardware
or software; (3) technical or human error which may occur in the
administration of any Sweepstakes or the processing of entries, prize
notification and/or winner confirmation; (4) any lost, late, delayed,
corrupted, undelivered or undeliverable entry or prize notification, or
(5) any injury or damage to persons or property which may be caused,
directly or indirectly, in whole or in part, from entrant’s
participation in any Sweepstakes or receipt or use or misuse of any
prize. If for any reason an entrant's entry is confirmed to have been
erroneously deleted, lost, or otherwise destroyed or corrupted,
entrant’s sole remedy is another entry in any Sweepstakes, provided that
if it is not possible to award another entry due to discontinuance of
any Sweepstakes. No more than the stated number of prizes will be
awarded. In event that production, technical, seeding, programming or
any other reasons cause more than stated number of prizes as set forth
in these Official Rules to be available and/or claimed, Sponsor reserves
the right to award only the stated number of prizes by a random drawing
among all legitimate, un-awarded, eligible prize claims.
10.
Disputes: All issues and questions concerning the construction,
validity, interpretation and enforceability of these Official Rules, or
the rights and obligations of the entrant and Sponsor in connection with
Sweepstakes, shall be governed by, and construed in accordance with,
the laws of the State of California, U.S.A and resolved in California
courts, without giving effect to any choice of law or conflict of law
rules (whether of the State of California or any other jurisdiction),
which would cause the application of the laws of any jurisdiction other
than the State of California. Except where prohibited, entrants hereby
agree that any claims, disputes or actions of any kind shall be resolved
individually,
without resort to any form of class action and waive all rights to
claim indirect, punitive, incidental, consequential damages and/or
multipliers of damages and any other damages, other than for actual
out-of-pocket expenses incurred as the result of participation in any
Sweepstakes. The parties hereby agree to waive their respective rights
to a jury trial of any claim or cause of action related to or arising
out of any Sweepstakes. The scope of the waiver is intended to be all
encompassing of any and all disputes that may be filed in any court and
that relate to any Sweepstakes, including without limitation, contract
claims, tort claims, breach of duty claims, and all other common law,
regulatory and statutory claims. In the event of litigation, these
Official Rules may be filed as written consent to a trial by court. If
any part of these Official Rules is declared invalid or unenforceable by
a court of competent jurisdiction, it shall not affect the validity of
the balance of these Official Rules.
11.
Privacy Policy: Entries are subject to Sponsor’s Privacy Policy
accessed through the bottom of http://www.teambeachbody.com/ or
otherwise posted and updated on Sponsor’s website.
12.
Winner’s List and Rules: For a winners’ list and/or a copy of these
Official Rules, send a hand-printed, self-addressed, stamped envelope to
“WOWY SuperGym Sweepstakes” at 3301 Exposition Blvd., Third Floor,
Santa Monica, California 90404. Winner list requests must be received by
June 30, 2011. Vermont residents may exclude return postage.
© 2010 Product Partners, LLC. ALL RIGHTS RESERVED.
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Terms and Conditions governing my access to and use of the Team Beachbody website.
Terms of Use
PLEASE
READ THESE TERMS OF USE CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO
BE BOUND BY THESE TERMS OF USE AND ANY AMENDMENTS THERETO, AND AGREE
THAT YOU ARE AT LEAST 13 YEARS OF AGE AND ELIGIBLE TO USE THIS SITE.
IF
YOU ARE 13 TO 17 YEARS OF AGE, YOU MUST USE THIS SITE ONLY WITH THE
INVOLVEMENT OF YOUR PARENT OR GUARDIAN. SPECIFICALLY, YOU MUST HAVE YOUR
PARENT OR LEGAL GUARDIAN SET UP YOUR ACCOUNT AND HAVE THEM AGREE TO
THESE TERMS ON YOUR BEHALF. IF YOU OR YOUR PARENT OR GUARDIAN DO NOT
AGREE TO THE TERMS OF USE, YOU MAY NOT USE THE SITE.
Welcome
to TeamBeachbody.com and its related sites (the "Site"), provided by
Beachbody and Product Partners, LLC ("individually and collectively, the
"Company"). These Terms of Use and any amendments thereto (the "Terms")
govern your use of this Site and its related domains on which this
document appears. The Terms may be changed in the future without further
notice by posting an updated version at the Site. Your continued use of
the Site after any such changes constitutes your express acceptance of
the new Terms. These Terms apply exclusively to your access to, and use
of, the Site and do not alter in any way the terms or conditions of any
other agreement you may have with the Company for products, services, or
otherwise. If you register for the Million Dollar Body Game®, our
Support Center features, such as the Message Boards, Team Beachbody
Club, or the online gym SuperGym®, additional rules, policies, and
disclaimers may apply.
Use of the Site
The
Site is designed to provide products, support, assistance and
information about fitness, nutrition, health and wellness. The
information and services offered on this Site are provided solely for
general information, and are not intended to (a) replace any advice or
counsel from licensed or certified professionals; (b) constitute medical
advice or apply specifically for any individual's unique needs and
situation; and (c) diagnose, mitigate, treat, cure or prevent any
disease or health-related condition.
Privacy Policy
Your
privacy is very important to the Company. Users of this Site should
refer to the Site's Privacy Policy for information about how the Company
collects and uses personally identifiable and aggregated information.
Without limitation of any other provisions stated in the Privacy Policy,
you agree that the Company may disclose your personal information if
the Company believes it is necessary to comply with any legal process or
regulatory agency, to protect the rights or property of the Company or
others, or as otherwise described in the Privacy Policy.
Product Information
For
questions about the products on this Site, please use the customer
service e-mail links found on each product page or section. For
questions about orders placed through the Site, please use the customer
service link in the e-mail receipt you receive or by visiting the online
Customer Service Center. If you are an existing member of Team
Beachbody, you may also contact your personal Coach with any questions
you may have pertaining to any products, orders or any other elements or
questions arising from your use of the Site or relationship with the
Company.
Our Guarantee
All
products on the Site carry at least a 30-day money-back guarantee (less
shipping & handling) from the date of delivery from the Company of
the product in the event that you are not 100% satisfied with your
purchase. Should you experience any difficulty or delay in returning a
product and securing the proper refund, please visit our online Customer
Service Center. If any products are purchased and delivered directly by
a personal Coach, returns should be made and refunds should be provided
directly from the Coach selling the applicable product.
Order and Payment Information
If
you use the Site to purchase a product, payment must be received by the
Company prior to the Company's acceptance of an order, unless otherwise
agreed by the Company. The Company may need to verify information you
provide before the Company accepts an order, and may cancel or limit an
order any time after it has been placed, including but not limited to
the event that a product is listed at an incorrect price due to
typographical or other error. If payment already has been made and your
order is canceled or limited, the Company will refund any payment you
made for the product that will not be shipped due to cancellation or
limitation of an order in the same tender as the original purchase. The
Company expressly conditions its acceptance of your order on your
agreement to the Terms.
In
ordering products through the Site, you agree to provide only true,
accurate, current, and complete information. You hereby certify that any
e-mail account you provide to the Company is registered to you. The
Company shall have the right to bar your access to and use of the Site
if it has reasonable grounds to believe that you have provided false,
inaccurate, not current, or incomplete information to the Company. You
agree that if you are ordering or purchasing products on behalf of a
company, that you have sufficient authority to bind that company to the
Terms. You agree that your placement of an electronic order on the Site
is sufficient to satisfy the Statute of Frauds, and no further writing
is required.
All
prices displayed on the Site are quoted in U.S. dollars. The Company
may prohibit delivery to addresses outside the United States and Canada.
The Company will add shipping and handling fees and applicable
sales/use tax. The Company reserves the right without prior notice to
discontinue or change specifications and prices on products offered on
the Site without incurring any obligation to you. Products displayed on
this Site are available while supplies last. Descriptions of, or
references to, products not owned by the Company on the Site do not
imply endorsement of that product, or constitute a warranty, by the
Company.
Shipping
Unless
otherwise noted, the Company will use its commercially reasonable
efforts to ship products within four weeks of the receipt of a properly
completed order. However, any delivery or shipment date provided by the
Company to you is only a good-faith estimate. You understand that
product availability may be limited and particular products may not be
available for immediate delivery. The Company shall not be liable for
any loss, damage, cost, or expense related to any delay in shipment or
delivery. The Company cannot ship to P.O. boxes.
Coaches
As
part of the support network of the Site, the Company will assign a
personal independent Coach and provide that Coach your contact
information to aid you in your health, wellness, and fitness goals.
While the Company seeks to ensure proper behavior of the Coaches, it
cannot monitor or control the activities of these independent
contractors. Accordingly, the information provided by any Team Beachbody
representative or independent Coach is in no manner intended to replace
that of licensed or certified professionals. It is not intended to be
medical advice and is not intended to diagnose, mitigate, treat, cure or
prevent any disease or health-related condition. Team Beachbody does
not ensure the accuracy or endorse the conduct of the Coaches.
Accordingly, Product Partners, LLC assumes no responsibility, and
disclaims liability of any kind, arising from the conduct of its
Coaches, including, but not limited to, any defamation, libel, slander,
omission, falsehood, obscenity, profanity or inaccuracy. However, we
encourage you to report complaints associated with the conduct of any
Coach to us at support@teambeachbody.com. Any Coaches using the Site
must expressly accept and comply with their Coach's Agreement, including
the Coach's Policies and Procedures.
Copyright, Proprietary Content and Trademarks
Copyright:
All Site materials, including, without limitation, the Product
Partners, Team Beachbody and Beachbody logos, design, text, graphics,
software, other files, and the selection and arrangement thereof
(individually and collectively, the "Content") are proprietary to the
Company and its licensors, and are protected by United States and
international copyright and other intellectual property rights, laws and
treaties. Copyright © 2009 Product Partners, LLC. ALL RIGHTS RESERVED.
The Site as a collective work is the copyrighted work of the Company.
Access to and use of the Site is expressly governed by these Terms. You
may not decompile, reverse engineer or otherwise attempt to discover the
source code of any element of the Site. You agree not to take any
action to jeopardize, limit or interfere with the Company's ownership of
and rights with respect to the Site and Content. Any copying,
uploading, reproduction, transmittal or redistribution of the Content
which is not in expressly authorized by these Terms is strictly
prohibited. You understand and agree that making modifications to,
creating derivative works based on, or any unauthorized use of, the
Content or any other elements of the Site is expressly prohibited.
Proprietary
Content: The Company or its suppliers or licensors own and retain other
proprietary rights in all products available through the Site and the
collective arrangement of the Site. Except as stated herein, none of the
Content may be copied, modified, reproduced, distributed, republished,
downloaded, performed, displayed, posted, transmitted, sold, or made
into derivative works in any form or by any means, including, but not
limited to, electronic, mechanical, photocopying, recording, or
otherwise, without the prior written permission of the Company or the
respective copyright owner. Permission is granted to display and access
the materials on this Site for your personal, noncommercial, and
informational use only; provided that you may not, without the
permission of the Company or the respective copyright owner, (a) copy,
publish, or post any materials on any computer network or broadcast or
publications media, (b) modify the Content or otherwise create any
derivative works; or (c) remove or alter any copyright or other
proprietary notices contained in the materials. Such permission also
does not include, without limitation: (a) any sale, resale, or
commercial use of the Site, its content, or services obtained through
the Site; (b) the collection and use of any product listings or
descriptions; (c) making derivative uses of the Site and its contents;
or (d) use of any data mining, robots, or similar data gathering and
extraction methods. The Site and any elements contained therein may be
incorporated into, and may incorporate, software and services owned and
controlled by third parties. Use of such third party software or
services is subject to the terms and conditions of the applicable third
party license agreements, and you agree to look solely to the applicable
third party and not to the Company to enforce any of your rights. All
modifications or enhancements to the Site remain the exclusive property
of the Company. Except as noted in this section, you are not conveyed
any right or license by implication, estoppel, or otherwise in or under
any patent, trademark, copyright, or proprietary right of the Company or
any third party.
Trademarks:
The following is a partial list of the trademarks, service marks or
registered trademarks of Product Partners, LLC in the United States and
other countries: Product Partners, Beachbody®, Team Beachbody®, MDB™,
Million Dollar Body Game®, Turbo Jam®, Power 90®, P90X®, Slim in 6®,
B-LINES®, ActiVit®, Slim Series®, Fast 10®, Power Half Hour®, Great Abs
Guaranteed! ®, SuperGym®, 2-Day Fast Formula®, Project: YOU ®, Hip Hop
Abs®, Rockin’ Body™, Great Body Guaranteed!™, Thin Thighs Guaranteed!™,
6-Day Express™, Get Results™, and any other logos, and the products
described on this Site. These trademarks may not be copied, imitated, or
used, in whole or in part, without the prior written permission of the
Company or the rights holder. In addition, all page headers, custom
graphics, button icons, and scripts are service marks, trademarks and/or
trade dress of the Company, and may not be copied, imitated, or used,
in whole or in part, without the prior written permission of the
Company. Any other trademarks, service marks and trade names are the
trademarks or registered trademarks of their respective parties.
Linked Sites
The
Company makes no claim or representation regarding, and accepts no
responsibility for, the quality, content, nature, or reliability of
sites accessible by hyperlink from this Site, or sites linking to this
Site. The linked sites are not under the control of the Company and the
Company is not responsible for the content of any linked site or any
link contained in a linked site, or any review, changes, or updates to
such sites. The inclusion of any link does not imply affiliation,
endorsement, sponsorship or adoption by the Company of the site or any
information contained therein. When leaving the Site, you should be
aware that the Company's Terms and Policies no longer govern, and
therefore you should review the applicable terms and policies, including
privacy and data-gathering practices, of that site.
Disclaimer of Warranties
YOU
EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. YOU
UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES,
PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS-IS"
AND "AS AVAILABLE" BASIS, AND WITHOUT ANY WARRANTIES, CLAIMS OR
REPRESENTATIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY WITH
RESPECT TO THIS SITE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE,
NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE,
NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF
PERFORMANCE OR TRADE USAGE.
YOU
ACKNOWLEDGE THAT THE COMPANY DOES NOT CONTROL IN ANY RESPECT ANY
ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY
THIRD PARTIES ON OR THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO
INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO THE COMPANY FROM THIRD
PARTIES. EXCEPT AS OTHERWISE AGREED IN WRITING, THE COMPANY AND ITS
AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR
REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY,
NON-INFRINGEMENT, OR USEFULNESS OF CONTENT OR PRODUCTS (INCLUDING
PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THE COMPANY OR
THIRD PARTIES THROUGH THIS SITE. NOR DOES THE COMPANY MAKE ANY WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, ITS CONTENT
OR THE PRODUCTS, CONTENT OR SERVICES OFFERED THEREIN.
CERTAIN
WARRANTIES IN REGARD TO PARTICULAR PRODUCTS FOR SALE ON THE SITE MAY BE
APPLICABLE THROUGH MANUFACTURERS' WARRANTIES, THOUGH NOT THROUGH THE
COMPANY. SEE THE WARRANTIES INCLUDED IN THE DOCUMENTATION ALONG WITH THE
PRODUCTS FOR FURTHER DETAILS REGARDING WARRANTIES PROVIDED BY
MANUFACTURERS OF PRODUCTS AVAILABLE THROUGH THE SITE.
ALTHOUGH
THE COMPANY STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER
DESTRUCTIVE MATERIALS TO THE SITE, THE COMPANY DOES NOT WARRANT,
GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF
VIRUSES, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES,
ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL OR DESTRUCTIVE
CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS. IN ADDITION, THE COMPANY
DOES NOT WARRANT THAT ACCESS TO THIS SITE, THE SITE AND ANY FUNCTIONS
CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY,
SECURE, ACCURATE, COMPLETE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL
BE CORRECTED.
THE
COMPANY DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY
OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED, UPDATED
OR CORRECTED. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE
USE OR PERFORMANCE OF THIS SITE REMAINS WITH YOU TO THE MAXIMUM EXTENT
PERMITTED BY LAW.
Some
jurisdictions do not allow the limitation or exclusion of certain
warranties or conditions, so some of the above exclusions may not apply
to you.
The terms of this section shall survive any termination of the Terms.
Limitations on Liability
IN
NO EVENT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE OR INTENTIONAL ACTS,
SHALL THE COMPANY OR ITS AFFILIATES BE LIABLE WHETHER IN CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR
IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR
ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION
COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY
DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN
CONNECTION WITH: (I) THE SITE; (II) THE USE OR INABILITY TO USE THIS
SITE; (III) THE PURCHASE OR USE OF ANY PRODUCTS, CLUBS OR SERVICES
THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO THE SAFETY OR FUNCTION OF
ANY PRODUCT, CLUB OR SERVICE; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION
OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT
OR RECEIVED; (V) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES,
OR FILE CORRUPTION OR SERVICE INTERRUPTIONS (INCLUDING WITHOUT
LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR
PECUNIARY LOSS); OR (VI) OTHERWISE UNDER THIS AGREEMENT, EVEN IF THE
COMPANY OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY. YOUR ONLY RIGHT WITH RESPECT TO ANY
PROBLEMS OR DISSATISFACTION WITH THIS SITE IS TO DISCONTINUE ANY USE OF
THIS SITE.
NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO
YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE
FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT ACTUALLY
PAID, IF ANY, BY YOU TO THE COMPANY FOR ANY PRODUCTS, CLUBS OR SERVICES
SUPPLIED BY THE COMPANY THROUGH YOUR USE OF THE SITE IN THE TWELVE (12)
MONTH PERIOD PRECEDING ANY SUCH CLAIM.
The
Company will not be liable in any amount for failure to perform any
obligation under these Terms if such failure is caused by the occurrence
of any unforeseen contingency beyond its reasonable control, including
without limitation Internet outages, electrical or communications
outages, fire, flood, terrorism, acts of God or nature, or war.
Some
jurisdictions do not allow the limitation or exclusion of liability for
incidental or consequential damages, so some of the above may not apply
to you. In such jurisdictions, liability is limited to the fullest
extent permitted by law.
The terms of this section shall survive any termination of the Terms.
User Conduct
With
respect to any and all text, graphics, descriptions, photographs,
messages, video and any other content you elect to upload, post, e-mail
or otherwise transmit to the Company through the Site ("User Content"),
you grant the Company, its affiliates, and licensees the royalty-free,
perpetual, irrevocable, non-exclusive and fully sub-licensable right and
license to use, reproduce, adapt, perform, display, publish, publicize,
translate, prepare derivative works from, distribute, sell, and take
any other action with respect to such User Content (in whole or part)
worldwide and/or to incorporate it in other works in any form, media, or
technology now known or later developed. You further acknowledge and
agree that the Company may preserve any such User Content and may also
publicly disclose such User Content in its discretion. You further
acknowledge that Company owns all rights (including but not limited to
Copyright and any applicable rights of publicity) for any derivative
works utilizing any User Content.
You
represent and warrant that (a) you own or have the full right, power
and authority to grant to the Company use of and rights in and to all
User Content; (b) any User Content you provide to the Company will be
true and accurate; (c) your license of such User Content to the Company
hereunder does not, and the use or license of such User Content by the
Company to third parties will not, infringe any right or interest owned
or possessed by any third party; and (d) there are no claims, judgments
or settlements to be paid by you, or pending claims or litigation,
relating to such User Content.
You
expressly understand and agree that you, and not the Company, are
entirely responsible for all User Content that you upload, download,
post, email, transmit or otherwise make available via the Site and that
the Company does not control, verify or monitor any User Content posted
via the Site by any visitors to the Site, except as stated herein, and
does not guarantee the accuracy, integrity or quality of such User
Content. You agree that you must evaluate, and bear all risks associated
with, the use of any User Content, including any reliance on the
accuracy, completeness, or usefulness of such User Content. You
acknowledge that you must independently verify any User Content and not
exclusively rely on any User Content submitted to the Company or any
other users of the Site through the Site.
You
understand and agree that the Company shall have the right to use any
User Content for any purpose, including without limitation for
publication of all or part of such User Content on the Site and any in
any other forum or medium for unrestricted use by the Company for its
users and partners. the Company shall have the sole authority to choose
the manner in which any Content will be received, displayed and used by
the Site, and it reserves the right to remove any User Content or refuse
access to the Site to anyone at any time in its sole discretion. the
Company shall have no obligation to (i) resolve disputes among users of
the Site; or (ii) monitor or verify the accuracy or proper use of any
User Content.
Notwithstanding anything to the contrary, you may not:
* Remove or conceal any proprietary notices from the Site;
* Cause, permit or authorize the modification, creation of derivative
works, translation, reverse engineering, decompiling or disassembling of
the Site, including any Content or any other elements contained or
offered by the Site;
* Disrupt or interfere with the security of, or otherwise abuse, the
Site, or any services, system resources, accounts, servers, or networks
connected to or accessible through the Site or affiliated or linked
sites;
* Use, frame, or utilize framing techniques to enclose any Company
trademark, logo, or other proprietary information (including the images
found at the Site, the content of any text, or the layout/design of any
page or form contained on a page) without the Company's express written
consent;
* Use any data mining, gathering or extraction tool, or any robot,
spider or other automatic device or manual process, to monitor or copy
any Content or portion of the Site;
* Use this Site for any commercial purpose or the benefit of any third
party or any manner not permitted by the licenses granted herein;
* Use meta tags or any other "hidden text" utilizing any Company name,
trademark, or product name without the Company's express written
consent, or deeplink to this Site without the Company's express written
consent;;
* Create, purchase or utilize any banner ads, keywords or any other
form of Internet optimization tools to compete with the Company's
advertising or redirect traffic from the Company's Site (including by
registering or using domain names similar to those utilized by the
Site);
* Use the Site or submit any User Content to generate or send any unsolicited commercial email (spam);
* Copy any elements of the Site (other than as expressly provided under United States copyright laws);
* Access, create or modify source code of the Site in any way;
* Use the Site to, or in any way that would, violate any applicable
local, state, national and/or international law, regulation, ordinance
or fair business or medical practice;
* Impersonate any person or entity, or falsely state or otherwise
misrepresent your affiliation with a person or entity, or otherwise
disguise the origin of any User Content;
* Collect or store personal data about others;
* Attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access;
* Submit or publish User Content that solicits funds or services or
contains or includes any virus, worm, software lock, drop dead device,
Trojan-horse, routing, trap door, time bomb or any other code,
instruction or program that is designed to distort, delete, damage,
disable or impair the functionality of any computer or the use this Site
to develop, generate, upload, post, display transmit or store
information or Content that: (A) infringes any third party's
intellectual property, confidentiality, trade secret or other
proprietary right; (B) is defamatory, false, hateful, harassing, vulgar,
libelous, pornographic, an invasion of privacy, obscene, sexually
oriented, abusive, illegal, racist, offensive or harmful; or (C) in any
way obstructs or otherwise interferes with the normal performance of
another person's use of the Site.
The
Company may be required to disclose information to individuals
asserting rights under the Digital Millennium Copyright Act, and you
expressly authorize the Company to comply with any and all lawful
notices, subpoenas, court orders or warrants without prior notice to
you. Copyright Policy and Copyright Agent
It
is the Company's policy to respect the copyright and intellectual
property rights of others. The Company may remove content that appears
to infringe the copyright or other intellectual property rights of
others. In addition, the Company may terminate access by users who
appear to infringe the copyright or other intellectual property rights
of others.
If
you believe that the Company or any user of our Site has infringed your
copyright in any manner, please notify the Company, and provide the
following information in accordance with the Digital Millennium
Copyright Act [Title 17, United States Code, Section 512(c)(3)]:
* A physical or electronic signature of the person authorized to act on
behalf of the owner of the copyright interest that is alleged to have
been infringed;
* An identification of the copyrighted work claimed to have been infringed;
* A precise identification of the material that you claim is infringing so that we may locate it on the Site;
* Your address, telephone number, and e-mail address so we may respond to you if necessary;
* A statement by you that you have a good-faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the
law; and
* A statement by you that the above information in your notice is
accurate, made under penalty of perjury, and that you are authorized to
act on behalf of the owner of the copyright interest involved.
* Please direct inquiries regarding copyright issues by e-mail to: DMCA@teambeachbody.com, or by mail to:
Product Partners, LLC
3301 Exposition Blvd.
Santa Monica, CA 90404
Attn: DMCA Legal Agent.
Phone: (310) 883-9000 (310) 883-9000
Representations and Warranties
You represent, covenant and warrant that:
* You possess the legal right and ability to enter into these Terms and to comply with its terms;
* You will use this Site for lawful purposes only and in accordance
with these Terms and all applicable laws, regulations and policies;
* You will not attempt to decompile, reverse engineer or hack this
Site, or to defeat or overcome any encryption and/or digital rights
management technology implemented with respect to this Site and/or data
transmitted, processed or stored by this Site;
* You will not take any steps to interfere with or in any manner compromise any of the Company's security measures;
* You will only use this Site on a computer on which such use is authorized by the computer's owner; and
* You are 13 years of age or older.
If
the Company has reasonable grounds to suspect that your
representations, warranties or promises are inaccurate or breached, the
Company may suspend or terminate your account, deny any or all use of
the Site, and pursue any appropriate legal remedies.
Accounts and Security
To
use and access exclusive and proprietary elements of the Site, you must
register with the Company to open an account ("Account"). As part of
the registration process, each user will select a password and user
name. You shall provide the Company with accurate, complete, and updated
Account information. Failure to do so shall constitute a breach of
these Terms, which may result in immediate termination of your Account.
You may not (i) select or use a user name of another person with the
intent to impersonate that person; (ii) use a name subject to the rights
of any other person without authorization; or (iii) use a user name
that the Company, in its sole discretion, deems inappropriate or
offensive.
Your
Account may not be assigned, sublicensed, transferred, or shared with
any other individual or entity, and you expressly agree not to provide
any other entity your password or otherwise allow them to use or access
your Account. You agree to notify the Company of any known or suspected
unauthorized use(s) of your Account, or any known or suspected breach of
security, including loss, theft, or unauthorized disclosure of your
password. You shall be responsible for maintaining the confidentiality
of your password. It is your sole responsibility to protect your user
name and password and not share your password with any other people.
Accordingly, you understand and agree that you shall be liable for any
activity performed by any people using the Site under your user name and
password.
The
Company may immediately terminate your Account, or suspend your access
to your Account, without notice, for conduct that the Company believes
is: (i) illegal, fraudulent, harassing or abusive; (ii) a violation of
these Terms or any other policies or guidelines posted by the Company;
or (iii) harmful to other users, third parties, or the business
interests of the Company. Use of an Account for illegal, fraudulent or
abusive purposes may be referred to law enforcement authorities without
notice to you. You shall be liable for any activities on or uses of your
account even if such activities or uses were not committed by you. Upon
termination of your Account by the Company for any of the
above-mentioned reasons, you may not establish a new Account for a
period of not less than one year from the date of termination. Upon
termination of your Account, the Company will have no obligation to
notify any third parties nor will the Company be responsible for any
damages that may result or arise out of termination of your Account.
Indemnification
You
agree to indemnify, defend and hold harmless the Company, its parents,
affiliates, subsidiaries, officers, directors, employees, agents, and
suppliers (collectively, the "Indemnified Parties"), at your expense,
against any and all claims, actions, proceedings, and suits and all
related liabilities, damages, settlements, penalties, fines, costs and
expenses (including, without limitation, reasonable attorneys' fees and
other dispute resolution expenses) incurred by any Indemnified Party
arising out of or relating to your: (i) violation or breach of any term
of these Terms or any policy or guidelines referenced herein; (ii) use
or misuse of this Site, the Content, any User Content, or any other
element of the Site; or (iii) other violation of any rights of a third
party.
The terms of this section shall survive any termination of the Terms.
SEC Disclosure
The
information contained within press releases issued by the Company
should not be deemed accurate or current except as of the date the
release was posted. The Company has no intention of updating, and
specifically disclaims any duty to update, the information in the press
releases. To the extent any information therein is forward-looking, it
is intended to fit within the safe harbor for forward-looking
statements, and is subject to material risk.
Changes to the Site
The
Company may, in its sole discretion, terminate, change, modify,
suspend, make improvements to, or discontinue any aspect of the Site or
any products available through the Site, temporarily or permanently,
including the availability of any features of the Site or access to any
parts of the Site, at any time without notice to you, and you agree that
the Company shall not be liable therefor.
International Users
This
Site is controlled, operated, and administered by the Company from its
offices within the United States of America. The Company makes no
representation that materials on the Site are appropriate or available
for use at other locations outside of the United States and access to
them from territories where the contents or products available through
the Site are illegal is prohibited. You may not use the Site or export
the content or products in violation of U.S. export laws and
regulations. If you access this Site from a location outside of the
United States, you are responsible for compliance with all local laws.
Applicable Law
These
Terms shall be governed by and construed in accordance with the laws of
the State of California, without resort to its conflict of law
provisions. You agree that any action at law or in equity arising out of
or relating to the Terms or your use of the Site shall be filed only in
the Superior Court of Los Angeles County, California, or the United
States District Court for the Southern District of California, and you
hereby irrevocably and unconditionally consent and submit to the
exclusive jurisdiction of such courts over any suit, action, or
proceeding arising out of the Terms.
The terms of this section shall survive any termination of the Terms.
Termination
Notwithstanding
any of these Terms, the Company reserves the right, without notice and
in its sole discretion, for any reason or no reason, to terminate your
license to use the Site and to block or prevent future access to and use
of the Site. You agree that the Company shall not be liable for any
termination of your use of or access to the Site.
Language
It
is the express wish of the parties that the Terms and all related
documents have been drawn up in English. C'est la volonté expresse des
parties que la présente convention ainsi que les documents qui s'y
rattachent soient rédigés en anglais.
Electronic Signatures and Agreements
You
acknowledge and agree that by clicking on the button labeled "SUBMIT",
"DOWNLOAD", "I ACCEPT" or such similar links as may be designated by the
Company to accept the terms and conditions of these Terms, you are
submitting a legally binding electronic signature and are entering into a
legally binding contract. You acknowledge that your electronic
submissions constitute your agreement and intent to be bound by this
Terms of Use. Pursuant to any applicable statutes, regulations, rules,
ordinances or other laws, including without limitation the United States
Electronic Signatures in Global and National Commerce Act, P.L. 106-229
(the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE
USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO
ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS
INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY THE
COMPANY. Further, you hereby waive any rights or requirements under any
statutes, regulations, rules, ordinances or other laws in any
jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the granting of
credits by other than electronic means.
General
The
Company reserved any and all rights not expressly granted herein.
Nothing in these Terms will be construed as creating a joint venture,
partnership, employment, or agency relationship between you and the
Company, and you do not have any authority to create any obligation or
make any representation on the Company's behalf. You may not assign this
agreement, by operation of law or otherwise, without the Company's
express prior written consent. Subject to the foregoing, these Terms
will be binding on, inure to the benefit of, and be enforceable against
you and the Company and their respective successors and assigns. If any
provision of these Terms shall be deemed unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable from
these Terms and shall not affect the validity and enforceability of any
remaining provisions.
These
Terms, including the agreements and policies referenced herein,
constitute the final, complete and exclusive agreement between the
Company and you with respect to your use of the Site, and may not be
contradicted, explained or supplemented by evidence of any prior,
contemporaneous, or oral agreements or any other additional terms except
as may be amended in accordance with these Terms. Any cause of action
you may have with respect to the Site must be commenced within one (1)
year after the claim or cause of action arises, notwithstanding any
statutes of limitation to the contrary. Any failure by the Company to
enforce or exercise any provision of the Terms or related right shall
not constitute a waiver of that right or provision. The section titles
used in the Terms are purely for convenience and carry with them no
legal or contractual effect.
The terms of this section shall survive any termination of the Terms.
Questions
If
you have any questions or concerns about these Terms or any issues
raised in these Terms or on the Site, please contacts us at
support@teambeachbody.com.
© 2010, Product Partners, LLC. ALL RIGHTS RESERVED.
Last Updated: 3/2008
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