Terms and Conditions
of Use
The TargetWorkouts.com service (the "Service")
is provided by T.W.Online, Inc., a
Florida corporation, with offices at 9707 W. Sample Road, Coral Springs, FL 33065 (the "Company").
This is a legal agreement ("Agreement")
between you and the Company, please read the
Agreement carefully before registering for
the Service. By completing your registration
and clicking on the "I Accept" button
below, you will become a registered user of
the Service (a "Registered User")
and you agree to be bound by the Terms and
Conditions of Use of this Agreement (the "Terms
& Conditions") for as long as you
continue to be a Registered User. IF YOU DO
NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER
FOR THE SERVICE. The Terms are subject to
change by the Company at any time, effective
upon posting updated Terms on our Website;
any use of the Service after such notice will
constitute acceptance by you of such changes
PLEASE READ THE FOLLOWING TERMS & CONDITIONS
RELATING TO YOUR USE OF OUR WEBSITE CAREFULLY.
By using our Website (the “Website”),
you agree to these Terms & Conditions.
We reserve the right, in our sole discretion,
to change, modify, add or remove portions
of these Terms & Conditions at any time.
You should check these Terms & Conditions
periodically for changes. By using this Website
after we post any changes to these Terms &
Conditions, you agree to accept those changes,
whether or not you have reviewed them. If
you do not agree to these Terms & Conditions,
you should not use our Website and, if applicable,
you should arrange to cancel your Registered
User account or subscription with us.
Scope
Binding Agreement
Changes to Terms &
Conditions
Price & Availability
Reliance on Information
Changes to the Website
Privacy Policy
Health Disclaimer
Restrictions on
Use of Materials
Links
Becoming a Registered
User
Use by Minors
Community Standards &
Conduct Guidelines
User Reviews, Feedback,
Submissions
Third Party Products &
Services
Managing your Password
& Your Account
Assignment
Intellectual Property
Disclaimer of Warranties
Limitation of Liability
Indemnification
Waiver & Release
Governing Law & Choice
of Forum
Miscellaneous
Free Trials
Gift Plan Purchase &
Redemption Terms
Expiration Date & Refusal
of Charges to your Payment Card
Cancellation or Changes
to Program by TargetWorkouts.com
1. Scope
Unless otherwise indicated, these Terms &
Conditions apply to your use of the TargetWorkouts.com
Website including without limitation, all
content (defined as all information and data
that is part of this Website, including without
limitation, classes, videos, written text,
and posted graphics and images), code, software,
tables, and scripts.
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2. Binding
Agreement
BY ACCESSING OR USING THIS SITE,
YOU ARE DEEMED TO HAVE READ, UNDERSTOOD
AND AGREED TO EACH OF THE TERMS, CONDITIONS
AND NOTICES SET FORTH IN THIS AGREEMENT.
IF YOU DO NOT UNDERSTAND OR AGREE TO EACH
OF THE TERMS, CONDITIONS AND NOTICES IN
THIS AGREEMENT, YOU SHOULD NOT ACCESS OR
USE THIS SITE IN ANY MANNER.
By using this Website, you agree to be legally
bound and to abide by these Terms &
Conditions, just as if you had signed this
agreement. If you do not comply with these
Terms & Conditions at any time, we reserve
the right, if applicable, to terminate your
password, user account, and/or access to
this Website (or any part thereof). In our
sole discretion and without prior notice
or liability, we may discontinue, modify
or alter any aspect of the Website, including,
but not limited to, (i) restricting the
time the Website is available, (ii) restricting
the amount of use permitted, and (iii) restricting
or terminating any user's right to use the
Website. You agree that any termination
or cancellation of your access to or use
of, the Website may be effected without
prior notice. If you do not abide by the
provisions of these Terms & Conditions,
except as we may otherwise provide from
time to time, you agree that we may immediately
deactivate or delete your user account and
all related information and files in your
user account and/or bar any further access
to such information and/or files, on our
Website. Further, you agree that we shall
not be liable to you or any third party
for any termination or cancellation of your
access to, or use of, our Website.
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3. CHANGES
TO TERMS & CONDITIONS
TargetWorkouts.com may at any time, and
at its sole discretion, modify these Terms
& Conditions, including without limitation
the Privacy Policy, with or without notice.
Such modifications will be effective immediately
upon posting. You agree to review these
Terms & Conditions periodically and
your continued use of this Website following
such modifications will indicate your acceptance
of these modified Terms & Conditions.
If you do not agree to any modification
of these Terms & Conditions, you must
immediately stop using this Website.
From time to time, we may supplement these
Terms & Conditions with additional Terms
& Conditions pertaining to specific
content, activities or events ("Additional
Terms"). Such Additional Terms may
be placed on the Website to be viewed in
connection with the specific content, activities,
features or events and shall be identified
as such. You understand and agree that such
Additional Terms are hereby incorporated
by reference into these Terms & Conditions.
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4. PRICE AND AVAILABILITY
The products and services offered or referred
to on this Website are subject to availability.
The prices stated for such products and
services are subject to change without notice.
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5. RELIANCE
ON INFORMATION
This Website may include inaccuracies or
typographical errors that may be corrected
as they are discovered at the Company's
sole discretion.
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6. CHANGES
TO THE WEBSITE
Changes may be made at any time to the information,
names, text, software, images, pictures,
logos trade-marks, products and services
and any other material displayed on, offered
through or contained on this Website.
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7. PRIVACY
POLICY
The Company’s personal information
practices on this Website are governed by
the Company’s privacy policy(the “Privacy
Policy”)-hyperlink. Please review
this Privacy
Policy and print a copy for your records.
This Website does not intend to target or
collect personal information from individuals
under the age of majority.
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8. Health Disclaimer
You are specifically warned and advised
to seek the advice of a physician before
beginning any exercise regimen. TargetWorkouts.com
is not a substitute for physician consultation
or treatment and nothing contained in this
Website should be construed as giving medical
advice, diagnosis, or information.
You are urged and advised to seek the advice
of a physician before beginning any exercise
and/or weight loss effort or regimen. This
Website is intended for use only by healthy
adult individuals. The Website is not intended
for use by minors, pregnant women, or individuals
with any type of health condition. Such
individuals are specifically warned to seek
professional medical advice prior to initiating
any form of exercise and/or weight loss
effort or regimen.
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9.
Restrictions on Use of Materials:
Unless otherwise specified, we grant you
a non exclusive, non transferable, limited
right to access, use and display this Website
and the material provided hereon for your
personal, noncommercial use, provided that
you comply fully with the provisions of
these Terms & Conditions. You acknowledge
that this Website contains information,
software, photos, video, text, graphics,
music, sounds, questions, creative suggestions,
messages, comments, feedback, ideas, notes,
drawings, articles and other materials (collectively,
"Content") that are protected
by copyrights, patents, trademarks, trade
secrets and/or other proprietary rights,
including but not limited to, rights of
publicity and that these rights are valid
and protected in all forms, media and technologies
existing now or hereafter developed. All
Content is copyrighted under the United
States copyright laws (and, if applicable,
similar foreign laws), and we own a copyright
in the selection, coordination, arrangement
and enhancement of such Content. All trademarks
appearing on this Website are trademarks
of their respective owners. Our commercial
partners, suppliers, advertisers, sponsors,
licensors, contractors, models and other
third parties may also have additional proprietary
rights in the Content which they make available
on this Website. You may not modify, publish,
transmit, distribute, perform, participate
in the transfer or sale, create derivative
works of, or in any way exploit, any of
the Content, in whole or in part. When Content
is downloaded to your computer, you do not
obtain any ownership interest in such Content.
Modification of the Content or use of the
Content for any other purpose, including,
but not limited to, use of any Content in
printed form or on any other Website or
networked computer environment is strictly
prohibited unless you receive our prior
written consent.
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10. Links
This Website may contain links to or references
to third party Websites. These links are
provided for your convenience only. No endorsement
of any third party products, services or
information is expressed or implied by any
information, material or content of any
third party contained in, referred to, included
on, or linked from or to this Website. Any
information, data, opinions, recommendation,
products or services provided by such third
parties through links to other Websites
or otherwise made available through their
Websites are solely those of such third
parties and not of TargetWorkouts.com or
its affiliates. Your use of such third party
Websites is subject to the Terms & Conditions
and the privacy policies of such Websites.
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11. Becoming
a Registered User
You must register in accordance with instructions
that you will find on this Website to participate
in, and to contribute to, any Forum or use
of the "Public Profile" feature
of our Website. A "Forum" means
any chat room, message board, bulletin board,
information swap, or similar activity where
you and other users of our Website can communicate.
If you elect to become a registered user
of our Website, you agree to provide us
with true, accurate and complete information
about yourself ("Registered User Data"),
and to maintain and promptly update the
Registered User Data to keep it accurate.
Without limiting any other provision of
these Terms & Conditions, if you provide
any information that is untrue, inaccurate,
or incomplete, or we have reasonable grounds
to suspect that such is the case, we reserve
the right to suspend or terminate your user
account and refuse any and all current or
future use of our Website (or any portion
thereof). You agree not to, or seek to,
assign, transfer or sublicense your rights
as a Registered User of this Website, which
is strictly prohibited.
In providing registration and transactional
information to TargetWorkouts.com, you agree
to provide true, accurate, current and correct
information about yourself, and to maintain
and update registration information to keep
it true, accurate, current and complete.
If TargetWorkouts.com has reasonable grounds
to suspect that such information is untrue,
inaccurate, not current or incomplete, TargetWorkouts.com
has the right to suspend or terminate your
account and refuse any and all current or
future use of the account.
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12. Use by
Minors
TargetWorkouts.com is not designed for use
by children under the age of 18. By using
or become a subscriber of TargetWorkouts.com,
you agree and warrant that you are 18 years
old or older.
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13. Community
Standards and Conduct Guidelines
You acknowledge that all Content and all
information, software, photos, video, text,
graphics, music, sounds, questions, creative
suggestions, messages, comments, feedback,
ideas, notes, drawings, articles and other
materials posted, emailed, or otherwise
transmitted to or on this Website, whether
posted at our request or voluntarily, and
whether publicly posted or privately transmitted
(collectively, the "Postings"),
are the sole responsibility of the person
who made such Postings. This means that
you are entirely responsible for all Postings
that you post, email or otherwise transmit
to this Website. We do not control the Postings
posted, emailed or otherwise transmitted
on our Website by others and, as such, we
do not guarantee the accuracy, integrity
or quality of such Postings. Although we
have adopted community standards and conduct
guidelines for the users of our Website
(as described below), you understand that
by using this Website, you may be exposed
to Postings that are offensive or objectionable.
Under no circumstances will we be liable
in any way for any Postings (other than
for Content developed by us), including,
but not limited to, for any errors or omissions
in any Postings, or for any loss, injury
or damage of any kind incurred as a result
of the use of any Postings posted, emailed
or otherwise transmitted to or through this
Website.
In using this Website you agree that you
will not: (a) post, disseminate or transmit
unauthorized advertising, promotional materials,
chain letters, junk mail or any other type
of unsolicited mass email to people or entities
who have not agreed to be part of such mailings;
(b) omit, delete, forge or misrepresent
transmission information, including headers,
return mailing and Internet protocol addresses,
or otherwise manipulate identifiers to disguise
the origin of any content; (c) impersonate
any person or entity, or falsely state or
otherwise misrepresent an affiliation with
any person or entity; (d) engage in any
activities intended to withhold or cloak
identity or contact information; (e) send
harassing and/or threatening messages to
others; (f) post excessive responses to
interactive features or functions of this
Website or (g) engage in 'flooding', i.e.,
ICMP flooding and mail bombing (sending
large amounts of email repeatedly to the
same email address)
You agree that you are responsible for
your own communications and that you will
not post, disseminate or transmit any content
that: (a) is unlawful, harassing, defamatory,
abusive, threatening, obscene, harmful,
tortuous, libelous, or invasive of another's
privacy; (b) infringes or violates any party's
copyright, trademark, trade secret, patent
or other proprietary right including, but
not limited to, using third-party copyrighted
materials without appropriate permission,
using third-party trademarks without appropriate
permission or attribution, and using or
distributing third-party information protected
as a trade secret in violation of a duty
of confidentiality; (c) you do not have
the right to disseminate or transmit under
law, or contractual or fiduciary relationships;
or (d) contains personally identifiable
information belonging to minors.
To the extent that the following activities
are prohibited by applicable law, in using
this Website you will not: (a) use the Website
for any illegal purpose, in violation of
any applicable laws or regulations; (b)
publish web pages that contain links that
initiate downloads of copyright-infringing
or other illegal material; (c) electronically
stalk or otherwise electronically harass
another; or (d) engage in any Internet activities
that would violate the personal privacy
rights of others, including but not limited
to, collecting and distributing information
about Internet users without their permission,
except as permitted by applicable law.
To the extent that any of the following
activities materially interfere with this
Website or the network and systems of a
TargetWorkouts.com service provider ("Service
Provider"), you will not: (a) post,
disseminate or transmit any worm, viruses
or other harmful, disruptive or destructive
files, code or programs on this Website;
(b) use Internet Relay Chat (IRC) bots,
i.e., programs that utilize excessive resources
by connecting to an IRC network and running
24 hours per day; (c) hinder the ability
of others to use IRC; (d) disrupt the normal
flow on this Website or otherwise act in
a manner that negatively affects other users'
ability to engage in real time exchanges;
(e) interfere with, disrupt, or harm in
any way the servers or networks connected
to this Website or Service Provider; (f)
use this Website or Service Provider to
access the accounts of others without permission;
(g) attempt to penetrate security measures
of this Website, Service Provider, or another
entity, or obtain or bypass others passwords;
or (h) engage in denial of service attacks,
i.e., actions designed to impair network
access by flooding a site or the Internet
with useless traffic.
The Company and other parties involved in
the creation of this Website assume no responsibility
or liability for any damages, or viruses,
worms, Trojan horses or other code that
manifest contaminating or destructive properties
that may infect your computer equipment
or other property on account of your access
to, use of, or browsing the Website, or
your downloading of any materials, data,
text, images, video, or audio from the Website.
You may not "Stalk" or otherwise
harass another user or employee of this
Website; or collect or store personal data
or attempt to collect or store personal
data about other users of the Website.
Your privilege to use this Website (including
the Forums) and contribute to discussions
on the Forums depends on your compliance
with the community standards and conduct
guidelines set forth above. We may revoke
your privileges to use all or a portion
of this Website and/or take any other appropriate
measures to enforce these community standards
and conduct guidelines if violations are
brought to our attention. Further, if you
fail to adhere to our community standards
and conduct guidelines, we may terminate,
in our sole discretion, your use of, or
participation in, any Forum.
All Forum communications, including, but
not limited to, chat and message board communications,
are public and not private communications.
We reserve the right to monitor some, all,
or no areas of this Website (including any
Forum) for adherence to the community standards
and conduct guidelines set forth above or
for any other purpose. You acknowledge that
by providing you with the ability to distribute
Postings in the Forums, we are acting as
a passive conduit for such distribution
and we are not undertaking any obligation
or liability relating to any Postings or
activities in any Forum. Although we reserve
the right to remove, without notice, any
Forum posting for any reason, we have no
obligation to delete Postings that you may
find objectionable or offensive.
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14. USER REVIEWS,
FEEDBACK, SUBMISSIONS
You may submit ratings, reviews, tips, comments,
feedback, postcards, suggestions, ideas,
and other materials to TargetWorkouts.com.com
(collectively, the "Content").
TargetWorkouts.com does not endorse, and
takes no responsibility and assumes no liability
for, any Content posted by you or any third
party. TargetWorkouts.com reserves the right
(but not the obligation) to remove, restrict,
or edit such Content, but does not regularly
review posted Content.
By posting Content, you grant TargetWorkouts.com
Inc. and its subsidiaries and affiliates
a nonexclusive, perpetual, irrevocable,
royalty-free right to use, display, adapt,
modify, copy, reproduce, distribute, publish,
translate, promote, and create derivative
works from, the Content, anywhere in the
world, in any form, in any media, and for
any purpose, and to sublicense any or all
of the foregoing rights to others. Further,
you represent and warrant that you own or
otherwise control all rights to the Content
and that use or public posting of the Content
will not infringe upon or otherwise violate
the rights of any third party, including,
without limitation, any copyright, trademark,
or other intellectual property right, right
of privacy, or any other rights of any nature.
Your Content may not cause injury to any
person or entity. Furthermore, no Comment
submission may contain libelous or otherwise
unlawful, abusive or obscene material. Content
may not contain software viruses, political
campaign material, commercial solicitations,
chain letters, mass mailings or any form
of "spam." The member submitting
the Comment is solely responsible for any
losses, costs, expenses and damages that
result from any violations of TargetWorkouts.com's
policies regarding Content.
Content submitted to TargetWorkouts.com.
(including your name) will not be confidential
and may be published or disclosed in TargetWorkouts.com's
sole discretion, without any compensation
to you. TargetWorkouts.com may, but is not
obligated to, respond to any Content.
Content posted on TargetWorkouts.com. may,
at TargetWorkouts.com's sole discretion,
be monitored, edited or removed with or
without notice. However, TargetWorkouts.com
does not, and is not obligated to, regularly
review posted Content. By submitting Content,
you grant TargetWorkouts.com the right to
use your submitted name in connection with
your Content. You agree not to use a false
email address, impersonate any person or
entity, or otherwise misrepresent your identity
or the origin of any Content you may submit.
You alone shall be fully responsible for
any content contained within your Comment
submissions, and you agree to indemnify
TargetWorkouts.com and its affiliates for
any and all claims resulting from Content
you submit. To TargetWorkouts.com and its
affiliates accept no responsibility or liability
for any Content submitted by you or any
third party.
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15. Third Party
Products and Services
You may order services, merchandise or other
products through our Website from other
parties (collectively, the "Third Party
Sellers"). All matters concerning the
services, merchandise and other products
desired from the Third Party Sellers, including,
but not limited to, purchase terms, payment
terms, warranties, guarantees, maintenance
and delivery, are solely between you and
the Third Party Sellers. We make no warranties
or representations whatsoever with regard
to any services, merchandise and other products
provided by the Third Party Sellers. You
will not consider us (and we will not be
construed as) a party to such transactions,
whether or not we may have received some
form of revenue or other remuneration in
connection with such transactions, and we
will not be liable for any costs, injuries
and/or damages arising out of, either directly
or indirectly, you or any other person involved
or related to the transactions.
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16. MANAGING
YOUR PASSWORD AND YOUR ACCOUNT
You are solely responsible for managing
your password and for keeping your password
confidential. No one from TargetWorkouts.com
will be authorized to provide your password.
If you have forgotten your password, go
to the Sign In link at the top of the screen,
then click on "Forgot your password."
Follow the instructions, and a link to change
your password will be emailed to you. You
are also solely responsible for restricting
access to any computer you use to access
your TargetWorkouts.com account or your
TARGETWORKOUTS.COM subscription. You agree
that you are responsible for all activities
that occur on your account or through use
of your password by yourself or by other
persons.
If you are a registered user or subscriber
of this Website, you are entirely responsible
for maintaining the confidentiality of your
password and user account information. You
must notify us immediately in the event
of any known or suspected unauthorized use
of your user account, or any known or suspected
breach of security, including loss, theft,
or unauthorized disclosure of your or anyone
else's password. You are entirely responsible
for any and all activities which occur under
your user account. You agree to immediately
notify us of any unauthorized use of your
user account or any other breach of security
known to you.
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17. Assignment
You shall not assign or otherwise transfer
these Terms & Conditions or assign,
delegate or otherwise transfer any of your
rights, interests or obligations under these
Terms & Conditions and any such assignment,
delegation or other transfer shall be void.
These Terms & Conditions shall inure
to the benefit of the Company’s successors,
assigns and licensees.
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18. INTELLECTUAL
PROPERTY
The materials displayed on or contained
within this Website including, without limitation,
all Website software, design, text, editorial
materials, informational text, photographs,
illustrations, games, audio clips, video
clips, short features, artwork and other
graphic materials, and names, logos, trademarks
and service marks (the "Materials"),
are the property of TargetWorkouts.com or
its licensors and are protected by copyright,
trademark and other intellectual property
laws.
TargetWorkouts.com, Inc. hereby grants you
a personal, non-exclusive, non-assignable
and non-transferable license to use and
display the Materials for noncommercial
and personal use only; provided that you
maintain all copyright and other notices
contained in such Materials. You agree not
to reproduce, modify, create derivative
works from, display, perform, distribute,
disseminate, broadcast or circulate any
Materials to any third party (including,
without limitation, the display and distribution
of Materials via a third party Website)
without express prior written consent of
TargetWorkouts.com Inc. Use of Materials
is only permitted with the express written
permission of TargetWorkouts.com, Inc. and/or
its licensors. You further agree that you
will not disassemble, decompile, reverse
engineer or otherwise modify the Materials.
This Section will survive the termination
of your right to use this Website.
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19. DISCLAIMER
OF WARRANTIES
THIS WEBSITE, ITS CONTENTS, WORKOUT
CLASSES AND ANY SOFTWARE, PRODUCTS, AND
SERVICES OFFERED OR CONTAINED HEREIN ARE
PROVIDED ON AN "AS IS" BASIS AND
ON AN "AS AVAILABLE" BASIS. TARGETWORKOUTS.COM,
INC. MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND WITH RESPECT TO THIS WEBSITE,
ITS CONTENTS, OR SUCH SOFTWARE PRODUCTS
AND SERVICES, AND DISCLAIMS ALL SUCH REPRESENTATIONS
AND WARRANTIES, INCLUDING, WITHOUT LIMITATION,
FOR EXAMPLE WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT
OF THIRD PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED
SERVICE, ACCURACY AVAILABILITY, RELIABILITY,
SECURITY, CURRENCY AND COMPLETENESS ARISING
FROM OR RELATING TO THIS WEBSITE, ITS CONTENT
OR ANY LINKS, ANY SOFTWARE, TOOLS, TIPS,
PRODUCT OR SERVICES PROVIDED THROUGH THIS
WEBSITE. IN ADDITION, TARGETWORKOUTS.COM
DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION
ACCESSIBLE VIA THIS WEBSITE IS ACCURATE,
COMPLETE OR CURRENT. PRICE AND AVAILABILITY
INFORMATION IS SUBJECT TO CHANGE WITHOUT
NOTICE.
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20. LIMITATION
OF LIABILITY
IN NO EVENT SHALL TARGETWORKOUTS.COM, INC.,
ITS AFFILIATES, TARGETWORKOUTS.COM, INC.
FRANCHISEES AND ANY OF THEIR RESPECTIVE
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR
OTHER REPRESENTATIVES BE LIABLE FOR ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
PUNITIVE OR AGGRAVATED DAMAGES (INCLUDING
WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA,
INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY
AND THIRD PARTY CLAIMS) OR ANY OTHER DAMAGES
OF ANY KIND, ARISING OUT OF OR IN CONNECTION
WITH: THIS WEBSITE; ANY MATERIALS, INFORMATION,
QUALIFICATION AND RECOMMENDATIONS APPEARING
ON THIS WEBSITE; ANY SOFTWARE, TOOLS, TIPS,
PRODUCTS, OR SERVICES OFFERED THROUGH, CONTAINED
IN OR ADVERTISED ON THIS WEBSITE; ANY LINK
PROVIDED ON THIS WEBSITE; AND YOUR ACCOUNT
AND PASSWORD, WHETHER OR NOT TARGETWORKOUTS.COM
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THIS EXCLUSION OF LIABILITY SHALL
APPLY TO THE FULLEST EXTENT PERMITTED BY
LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION
OF YOUR RIGHT TO USE THIS WEBSITE.
YOU ACKNOWLEDGE THAT YOU WILL BE FULLY LIABLE
FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY
FROM YOUR USE OF THIS WEBSITE.
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21.
INDEMNIFICATION
You agree to indemnify and hold harmless
TargetWorkouts.com, Inc. and its affiliates
and their respective directors, officers,
employees, agents or other representatives
from and against all claims, liability and
expenses, including all legal fees and costs
arising from or relating to (a) your breach
of these Terms & Conditions; and (b)
your use of this Website including transmission
or placement of information or material
by you on this Website. This provision shall
survive the termination of your right to
use this Website.
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22. WAIVER
& RELEASE
Because physical exercise can be strenuous
and subject to risk of serious injury, we
urge you to obtain a physical examination
from a doctor before using any exercise
equipment or participating in any exercise
activity. You agree that by participating
in physical exercise or training activities,
you do so entirely at your own risk. Any
recommendation for changes in diet including
the use of food supplements, weight reduction
and/or body building enhancement products
are entirely your responsibility and you
should consult a physician prior to undergoing
any dietary or food supplement changes.
You agree that you are voluntarily participating
in these activities and use of this Website
and assume all risks of injury, illness,
or death.
You acknowledge that you have carefully
read this “waiver and release”
and fully understand that it is a release
of liability. You expressly agree to release
and discharge the trainer or instructor
from any and all claims or causes of action
and you agree to voluntarily give up or
waive any right that you may otherwise have
to bring a legal action against the trainers
or instructors for personal injury or property
damage.
To the extent that statute or case law does
not prohibit releases for negligence, this
release is also for negligence.
If any portion of this release from liability
shall be deemed by a Court of competent
jurisdiction to be invalid, then the remainder
of this release from liability shall remain
in full force and effect and the offending
provision or provisions severed here from.
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24. Governing
Law and Choice of Forum:
These Terms & Conditions shall be governed
by and construed in accordance with the
laws of the State of Florida, without giving
effect to any principles of conflicts of
law. You agree that any action at law or
in equity arising out of or relating to
your use of this Website or these Terms
& Conditions shall be filed only in
the state or federal courts located in Broward
County in the State of Florida and you hereby
consent and submit to the personal jurisdiction
of such courts for the purposes of litigating
any such action.
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25. Miscellaneous
If any provision of these terms shall be
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 & Conditions,
together with the Subscription Agreement
(if applicable), are the entire agreement
between you and us relating to the subject
matter herein. If you are a subscriber to
one of our online subscription offerings
or products, in the event of any conflict
between these Terms & Conditions and
the Subscription Agreement, the Subscription
Agreement shall control. These Terms &
Conditions may be modified only by our posting
of changes to these Terms & Conditions
on this Website, or by written agreement
of both parties. Each time you access this
Website, you will be deemed to have accepted
any such changes.
We may assign our rights and obligations
under these Terms & Conditions. These
Terms & Conditions will inure to the
benefit of our successors, assigns and licensees.
The failure of either party to insist upon
or enforce the strict performance of the
other party with respect to any provision
of these Terms & Conditions, or to exercise
any right under the Terms & Conditions,
will not be construed as a waiver or relinquishment
to any extent of such party's right to assert
or rely upon any such provision or right
in that or any other instance; rather, the
same will be and remain in full force and
effect.
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26. Free Trials.
From time to time, in TARGETWORKOUTS.COM
sole discretion, TARGETWORKOUTS.COM may
offer a free trial period to first-time
customers, limit one per household and/or
Payment Card. Where such an offer is made,
at the time of registration for your free
trial, your credit or check card will be
authorized for one month of service plus
applicable taxes, though your Payment Card
will not be charged for the duration of
the free trial period. Other terms of free
trial offers, including duration of free
trial, may vary. Specific details of your
free trial not covered in these Terms &
Conditions will be explained on the web
page you land on prior to clicking sign-up.
Your trial period begins the day you sign
up for TARGETWORKOUTS.COM membership.
Upon completion of the free trial period,
your subscription to TARGETWORKOUTS.COM
will renew automatically on a monthly basis
regardless of the length of your free trial
period. The first day following the expiration
of your free trial period will be your anniversary
date for billing purposes during your Membership
Term. Your Payment Card will be charged
the recurring monthly membership fees and
any applicable sales tax on the day following
the expiration of your free trial period
unless you have chosen to cancel your subscription
prior to the conclusion of the free trial
period. YOU MUST CANCEL YOUR SUBSCRIPTION
PRIOR TO THE END OF THE FREE TRIAL OFFER
TO AVOID CHARGES TO YOUR PAYMENT CARD. You
will not receive any notification from TARGETWORKOUTS.COM
at the expiration of your free trial. Please
note the expiration date of your free trial
for your records.
During the free trial period, you will receive
the benefits of TARGETWORKOUTS.COM Website
for no charge. Free trial participants may
access as many workouts as they wish during
the free trial. Membership may be cancelled
or modified at any time prior to the end
of your free trial through the "My
Account" link at TARGETWORKOUTS.COM.
If you cancel your membership prior to the
end of your free trial your Payment Card
will not be charged.
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27. Gift
Plan Purchase and Redemption Terms.
In order to activate a TargetWorkouts.com
gift membership (a "Gift Plan"),
the original purchaser ("Purchaser")
must provide the gift recipient ("Recipient")
the gift activation promotion code (the
"Promotion Code") provided on
the Gift Plan confirmation page sent by
TargetWorkouts.com to the Purchaser. TargetWorkouts.com
will not contact the Recipient unless and
until the Gift Plan is activated by the
Recipient.
If a Recipient is not currently a TargetWorkouts.com
member, the Recipient must register for
the service and enter the Promotion Code
in the appropriate field to activate the
Gift Plan. If a Recipient is already a TargetWorkouts.com
member, the Recipient must call Customer
Service at 786-246-2445 and provide the
Promotion Code to the agent to activate
the Gift Plan.
Recipients must provide TargetWorkouts.com
a valid e-mail address to activate the Gift
Plan. Gift Plans must be activated by the
Recipient within one (1) year of the date
of purchase by the Purchaser (not the date
of receipt by the Recipient). The purchase
price of any Gift Plan that is not activated
within one (1) year of date of purchase
will be refunded to the Purchaser's credit
or check card used to purchase the Gift
Plan, upon Purchaser's request. Purchaser
should consult the "Your Payment History"
page found in the My Account area of this
Website to monitor redemptions of Gift Plans.
The purchase price of Gift Plans is nonrefundable
except as previously noted. No Gift Plan
may be redeemed for cash. Gift Plans cannot
be combined with any other promotional offers,
free trial offers or signup incentives.
The Recipient will not be charged a periodic
membership fee during the Gift Plan period.
There are no refunds or credits for any
unused portion of a Gift Plan period. TargetWorkouts.com
is not responsible for lost or stolen Promotion
Codes or unauthorized redemption of Gift
Plans. Purchaser should limit access to
the Promotion Code(s) to the intended Recipient(s).
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28. Expiration
Date and Refusal of Charges to Your Payment
Card
If your Payment Card reaches its original
expiration date, your failure to cancel
your TARGETWORKOUTS.COM membership constitutes
authorization for TargetWorkouts.com to
continue billing that Payment Card. If your
Payment Card for any reason will not accept
charges for any periodic membership fee,
you have a period of 27 days from the date
that your Payment Card was declined to make
your Payment Card information valid by either
rectifying the issue with the Payment Card
issuer or providing new Payment Card information
at www.TargetWorkouts.com. If TARGETWORKOUTS.COM
is able to charge your Payment Card (existing
or new, if you have provided new Payment
Card information) during the 27-day period
and any past due TARGETWORKOUTS.COM membership
fees are paid, then TARGETWORKOUTS.COM benefits
will continue uninterrupted and this Payment
Card will be used to charge the applicable
periodic membership fee for each consecutive
renewal period until your TARGETWORKOUTS.COM
Online membership is canceled (your original
anniversary date will still apply) and will
be your Payment Card for all purposes. If
TargetWorkouts.com is unable to charge your
Payment Card (existing or new, if you have
provided new Payment Card information),
within the 27-day period, then your TARGETWORKOUTS.COM
membership will be indefinitely suspended
beginning on the 28th day from the date
your Payment Card was initially declined.
For the 90 days immediately following the
suspension, TargetWorkouts.com may attempt
to charge the Payment Card the periodic
membership fee. If the charge is accepted,
then your TARGETWORKOUTS.COM benefits will
be reinstated as of the date the charge
is accepted. The charge date becomes your
new periodic anniversary date and the Payment
Card will be used to charge the applicable
periodic membership fee for each consecutive
renewal period until your TARGETWORKOUTS.COM
Online membership is canceled and will be
your Payment Card for all purposes.
Cancellation by You. The initial periodic
TARGETWORKOUTS.COM membership fee is valid
for an initial membership period starting
on the date your paid membership begins
and continuing through the periodic anniversary
date. For example, if you are on a free
trial membership and your free trial expires
on June 17 and your paid TARGETWORKOUTS.COM
membership begins on June 18, your initial
membership fee entitles you to TARGETWORKOUTS.COM
Online benefits until July 18 and your Payment
Card will be charged on July 18 (the anniversary
date) for the period of July 19 through
August 18. You can cancel your TARGETWORKOUTS.COM
membership at any time and you will not
be charged for any additional renewals.
For example, if your anniversary date is
the 5th of each month and you cancel your
TARGETWORKOUTS.COM membership on Oct. 20,
then you will not be charged on Nov. 5 (for
the Nov. 6 - Dec. 5 period) and your TARGETWORKOUTS.COM
Membership Term will terminate on Nov. 5.
However, if you canceled on Oct. 2, then
your TARGETWORKOUTS.COM Online Membership
Term would terminate Oct. 5. To cancel click
on My Account, then click on Cancel My Account
and follow the directions to complete the
cancellation. When you cancel, you will
be required to provide TargetWorkouts.com
with certain information regarding your
reason for cancellation. There are no refunds
for any time period (or portions thereof)
already billed or paid for.
Modifying of TARGETWORKOUTS.COM Memberships.
You may modify your TARGETWORKOUTS.COM membership
plan, i.e., upgrade, downgrade, and/or change
from a monthly plan to a plan with longer
initial and renewal membership periods,
as long as there is no lapse in your membership.
To modify your TARGETWORKOUTS.COM membership,
go to www.TargetWorkouts.com, go to "My
Account", and request to modify. You
will be asked to give your authorization
to the new periodic membership fee. By modifying
your TARGETWORKOUTS.COM membership, you
are also agreeing and directing TargetWorkouts.com
or its agent to continue to automatically
renew your new TARGETWORKOUTS.COM membership
on each anniversary date applicable to the
new membership plan, for the applicable
membership fee (plus taxes) by charging
your Payment Card until your TARGETWORKOUTS.COM
membership is canceled as provided herein.
The new membership plan will begin on the
day which would have been the anniversary
date of the prior membership plan.
TargetWorkouts.com initiated Cancellations.
TargetWorkouts.com may suspend or cancel
a TARGETWORKOUTS.COM membership account,
or otherwise restrict your use of TARGETWORKOUTS.COM
Website, in TargetWorkouts.com's sole discretion,
with or without cause.
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29. Cancellation
or Changes to Program by TargetWorkouts.com
TargetWorkouts.com may make changes to the
TARGETWORKOUTS.COM service, including any
promotional offers and free trials, at any
time, and from time to time, without prior
notice. In addition, TargetWorkouts.com
may change the TARGETWORKOUTS.COM periodic
membership fees, provided, however, that
TargetWorkouts.com will give prior notice
via e-mail of any change to the periodic
membership fees will adversely affect you.
You agree that, unless you cancel your membership
prior to the effective date of the change,
you will be charged the new applicable TARGETWORKOUTS.COM
periodic membership fee (plus applicable
taxes) on each anniversary date after the
effective date of such change, and you authorize
TargetWorkouts.com to charge the new applicable
periodic membership fee (plus applicable
taxes) to your Payment Card. TargetWorkouts.com
reserves the right to suspend or end the
TARGETWORKOUTS.COM service (including, without
limitation, ceasing to offer one or all
of TARGETWORKOUTS.COM membership plans,
promotional offers or free trials) without
prior notice, in TargetWorkouts.com's sole
discretion. TargetWorkouts.com also reserves
the right to suspend or end the TARGETWORKOUTS.COM
service in certain geographic areas without
prior notice, in TargetWorkouts.com's sole
discretion. You agree that membership in
TARGETWORKOUTS.COM Online does not involve
an extension of credit or a retail installment
sale since TargetWorkouts.com does not impose
a finance charge and you may cancel membership
at any time. Void where prohibited.
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