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Terms and Conditions


Please Review our Terms and Conditions Prior To Using This Website.


Terms and Conditions governing my access to and the Home-Workouts.com 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.






Terms and Conditions governing my access to and use of the Home-Workouts.com website.


WELCOME TO HOME-WORKOUTS. 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 Home Workouts. 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 in case of inventory shortage, we may request that our suppliers ship directly to you & 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. Home Workouts 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 Home Workouts signs them or not. We reserve the right to make changes to this site and these Conditions at any time.

Out-of-Stock Product.

Home Workouts 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

Home Workouts 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

Home-Workouts.Com 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 Home-Workouts.Com utilizes Federal Express (FedEX) Smartpost 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: 7.5% of retail product total ($6.95 minimum)
FedEx 2 Day Air 10% of retail product total ($12.95 minimum)

Note: Certain heavy items 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 US Territory.

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.


110% Price Guarantee Terms & Conditions

We guarantee our prices! If you happen to find a lower online price, and meet the terms and conditions below, www.home-workouts.com will not only give you 100% of the difference, but an EXTRA 10% on top of it.

That's 110% of the difference! Shop with confidence at www.home-workouts.com!

* The product must be the exact same make, model as purchased at www.home-workouts.com.
* The product must be sold by Beachbody.com or any Authorized Independent Team Beachbody Coach.
* The product must be sold through a online merchant established in the U.S.
* The online merchant offering the lower price must have the product currently in stock and available for immediate delivery.
* This Price Guarantee does not apply to auction sites or other type of retail stores.
* Price Guarantee applies to price of the item, shipping charges, handling fees, processing fees, and taxes.
* Claims must be received via e-mail within 10 days from purchase date. Please contact us at customerservice@home-workouts.com
* Does not apply to merchants offering factory-reconditioned, refurbished, closeout or previously returned items.
* Does not apply to merchants offering special promotions such as sale prices, rebates, coupon or, quantity discounts, special orders and/or membership requirements for buyers and/or sellers.
* Price Guarantee applies to online orders only.
* Price Guarantee applies to items for which no other offer, promotion or incentive that may otherwise be provided by www.home-workouts.com has been utilized or accepted by customer.
* Home-Workouts.Com must be able to confirm the lower price, and unconfirmed prices will not be honored.
* Home-Workouts.Com reserves the final right to best determine eligibility for this Price Guarantee
* 110% difference will be issued in the form of refund back to the credit card that was used for the purchase.

Instructions

* Order the item that you want from www.home-workouts.com.
* If you find a lower price simply send us an email to customerservice@home-workouts.com including the following information:
* Your name and www.home-workouts.com order number (Starts with the letters AB- followed by a 5 digit number)
* Product name.
* The URL of the site where you found the item, with instructions on how to find the item.


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 Home Workouts, 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 Home Workouts, LLC FROM THIRD PARTIES. EXCEPT AS OTHERWISE AGREED IN WRITING, Home Workouts, 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 Home Workouts, LLC OR THIRD PARTIES THROUGH THIS SITE. NOR DOES Home Workouts, 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 Home Workouts, 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 Home Workouts, LLC STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, Home Workouts, 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, Home Workouts, 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.

Home Workouts, 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 Home Workouts, 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, Home Workouts, 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 Home Workouts, LLC FOR ANY PRODUCTS, CLUBS OR SERVICES SUPPLIED BY Home Workouts, LLC THROUGH YOUR USE OF THE SITE IN THE TWELVE (12) MONTH PERIOD PRECEDING ANY SUCH CLAIM.

Home Workouts 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 for the creation and activation of the FREE Team Beachbody Account

By clicking "Complete Order", you have read, understand, and agree with all the Terms and Conditions governing your access to and use of the Home-Workouts.Com webiste, the WOWY SuperGym Daily Sweepstakes and the Team Beachbody Web site.
You agree that Home Workouts will open and activate your free Team Beachbody Account on your behalf. Home Workouts will send you a temporary login name and password that you are entitled to change at any time.




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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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