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FitnessFulfillment.com

END USER USAGE AGREEMENT - License, Disclaimer, Waiver, Release

FITNESS FULFILLMENT, LLC. ("FITNESS FULFILLMENT, LLC") welcomes you to its online web site ("FITNESS FULFILLMENT.com"). FITNESS FULFILLMENT, LLC is an Internet-based, online information and communication service providing consumers with fitness, sport-specific training and nutrition information and proprietary health evaluation services and software (collectively, the "Service").

BY DOWNLOADING, ACCESSING OR USING ANY PART OF FITNESS FULFILLMENT.com, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS END USER USAGE AGREEMENT (THE "AGREEMENT"). IF YOU VISIT FITNESS FULFILLMENT.com OR REGISTER FOR A FITNESS FULFILLMENT.com ACCOUNT, YOU EXPRESSLY ACCEPT THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU DO NOT HAVE OUR AUTHORIZATION TO ANY OF THE SERVICES; AND YOU MAY NOT ACCESS OR USE ANY PORTION OF FITNESS FULFILLMENT.com. FITNESS FULFILLMENT, LLC MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATION SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED AGREEMENT OR NOTIFYING YOU. YOU AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY MODIFICATIONS. YOUR CONTINUED ACCESS OR USE OF FITNESS FULFILLMENT.com SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT

1. Service Terms and Limitations

1.1 Description

The Service is proprietary to FITNESS FULFILLMENT and is protected by intellectual property laws and international intellectual property treaties. Your access to the Service is licensed and not sold. Subject to the timely payment of all Fees (as defined below) and the terms and limitations set forth in this Agreement, FITNESS FULFILLMENT, LLC agrees to the following:

(i) To provide you with (a) a personal, non-transferable and non-exclusive account enabling you to access and use the Service and (b) a limited, non-transferable and non-exclusive license to use the software and documentation necessary to access, explore and otherwise use FITNESS FULFILLMENT.com in real time and to use the materials in FITNESS FULFILLMENT.com in a manner consistent with paragraphs 4 (On-Line Communications) and 9 (Copyright) below.; and

(ii) To provide you with a limited, personal, non-transferable, nonsublicensable and non-exclusive license (a) to access and use FITNESS FULFILLMENT, LLC's proprietary health evaluation services and software ("MobileTrainer") and (b) to use the materials that you download in connection with the use of MobileTrainer, along with any documentation, text, software, photos, video, graphics, and music, sound or other multimedia files that might accompany it (collectively, ìMaterialî) The Material is protected by the copyright laws of the United States and international copyright treaties.

1.2 User's Agreement; Restrictions

(i) You agree to: (a) maintain the security of your user identification, password and other confidential information relating to your FITNESS FULFILLMENT.com account; (b) be solely responsible for the security, confidentiality and integrity of all messages and the content that you receive, transmit through or store on the Service; (c) be responsible for all charges resulting from use of your FITNESS FULFILLMENT.com account, including unauthorized use prior to your notifying FITNESS FULFILLMENT, LLC in writing of such use and taking steps to prevent its further occurrence by changing your password; (d) comply with the terms and conditions set forth herein; and (e) comply with all applicable U.S. and international laws, statutes, ordinances, rules, regulations, contracts and applicable licenses regarding your use of the Services or FITNESS FULFILLMENT.com.

(ii) You may not, directly or indirectly, (a) modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), create derivative works based on the Material; or (b) copy the Material or engage in any other acts consistent with the principles of copyright protection and fair use, as codified in 17 U.S.C. Sections 106-110, without obtaining the express written permission of FITNESS FULFILLMENT, LLC and the copyright owner; or (iii) distribute (except for the purposes set forth above), rent, lease, transfer or otherwise transfer rights to, or in any way exploit, the Material, in whole or in part; or (iv) remove any proprietary notices or labels on the Material. As between the parties, title, ownership rights, and intellectual property rights in and to the Material, and any copies or portions thereof, shall remain in Company and/or its content providers.

1.3 User Representations

You represent and warrant to FITNESS FULFILLMENT, LLC that: (i) you are over the age of eighteen (18) and have the power and authority to enter into and perform your obligations under this Agreement; (ii) all information provided by you to FITNESS FULFILLMENT, LLC is truthful, accurate and complete; (iii) you are the authorized signatory of the credit or charge card provided to FITNESS FULFILLMENT, LLC to pay the Fees; (iv) you shall comply with all terms and conditions of this Agreement; and (v) you have provided and will provide accurate and complete registration information, including, without limitation, your legal name, address and telephone number. You agree to be financially responsible for your use of FITNESS FULFILLMENT.com (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.

1.4 Accessibility

You acknowledge and agree that from time to time the Service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which FITNESS FULFILLMENT, LLC may undertake from time to time; or (iii) causes beyond the control of FITNESS FULFILLMENT, LLC or which are not reasonably foreseeable by FITNESS FULFILLMENT, LLC.

1.5 Equipment

You shall be solely responsible for providing, maintaining and ensuring compatibility with the Service, all hardware, software, electrical and other physical requirements for your use of the Service, including, without limitation, telecommunications and internet access connections and links, web browsers or other equipment, programs and services required to access and use the Service.

2. Fees

FITNESS FULFILLMENT, LLC charges a subscription fee ("Fees") for the use of the Service. FITNESS FULFILLMENT, LLC expressly reserves the right to change the Fees at any time, upon notice to you. By registering for a FITNESS FULFILLMENT.com account, you agree to pay FITNESS FULFILLMENT, LLC the Fees for the Service applicable to the account level chosen. The Fees for the Service do not include any payment for telecommunications and computer hardware, software, telecommunications access charges, lines or connections or other equipment and services required to access and use the Service. All Fees, Taxes (as defined herein) and other charges will be billed to your credit card at the current international currency conversion rate. You are responsible for and shall pay FITNESS FULFILLMENT, LLC all currency conversion charges, sales, use, value-added, personal property or other tax, duty or levy of any kind, including interest and penalties thereon (collectively, "Taxes") for the use of the Services or resulting from this Agreement, whether imposed now or hereinafter by any governmental entity. You agree to promptly pay FITNESS FULFILLMENT, LLC in the event of any refusal of your credit card issuer to pay any amount to FITNESS FULFILLMENT, LLC for any reason. You agree to pay interest at the rate of either 1.5% per month on any outstanding balance, together with costs of collection, including attorney's fees and costs. In the event you fail to pay any amount when due, FITNESS FULFILLMENT, LLC may immediately suspend or terminate this Agreement and your access to the Service.

3. Disclaimer

3.1 Content and Nutrition Disclaimer

The information presented or contained in FITNESS FULFILLMENT.com (including, but not limited to, MobileTrainer and the Material) or provided through the Service (collectively, the "Content") is presented for the purpose of educating athletes and coaches on fitness, general health, and related training issues and topics. Nothing contained in FITNESS FULFILLMENT.com or the Content is intended to be instructional for medical diagnosis or treatment. The information should not be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual. It should not be used in place of a visit, call, consultation or the advice of your physician or other qualified health care provider. Information obtained from FITNESS FULFILLMENT.com is not exhaustive and does not cover diseases, ailments, physical conditions or their treatment. Should you have any health care related questions, please call or see your physician or other qualified health care provider promptly. Always consult with your physician or other qualified health care provider before embarking on a new treatment, diet or fitness program. You should never disregard medical advice or delay in seeking it because of something you have read on FITNESS FULFILLMENT.com. Information contained at FITNESS FULFILLMENT.com is for informational use only.

The Content and other information contained in FITNESS FULFILLMENT.com (including, but not limited to, MobileTrainer and the Material) is compiled from a variety of sources ("Information Providers"). Neither FITNESS FULFILLMENT, LLC nor any Information Providers directly or indirectly practice medicine or dispense medical services as part of FITNESS FULFILLMENT.com. FITNESS FULFILLMENT, LLC is not a substitution for the services of a physician, a health provider, or any trained health professional. Our policy does not allow medical advice, emotional advice, dietary advice, or personal advice of any kind. These concerns should be addressed and discussed with your physician, health care provider, family nutritionist or your registered dietitian.

Adults should not commence any short or long-termed diet program without seeking competent medical advice.

Infants, toddlers and teenagers should only participate in a diet program under competent medical supervision

YOU ACKNOWLEDGE THAT FITNESS FULFILLMENT, LLC IS NOT ENGAGED IN THE PRACTICE OF MEDICINE AND THAT ALL DECISIONS MADE USING MOBILETRAINER WILL BE THE EXCLUSIVE RESPONSIBILITY OF YOU AND YOUR PHYSICIAN. FITNESS FULFILLMENT.com EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY ADVERSE CONSEQUENCES OR DAMAGES RESULTING FROM YOUR RELIANCE ON MOBILETRAINER, THE CONTENT OR ANY INFORMATION PROVIDED THEREFROM.

3.3 Fitness Disclaimer

The Content, including each article provided through the Service (including, but not limited to, MobileTrainer and the Material), is for entertainment purposes only. FITNESS FULFILLMENT, LLC recommends that you consult a physician before beginning any exercise program or diet. FITNESS FULFILLMENT, LLC is not a licensed medical care provider. You should understand that participating in any exercise program or diet can result in physical injury, and you agree to do so at your own risk. The findings and opinions of authors expressed herein are those of the author and do not necessarily state or reflect those of FITNESS FULFILLMENT, LLC.

3.4 Disclaimer of Warranties.

CONTENT ON OR AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTY, EXPRESS OR IMPLIED. FITNESS FULFILLMENT, LLC HEREBY EXCINCLUDES ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE WITH RESPECT TO THE SERVICE OR THE CONTENT. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE OF THIS AGREEMENT. FITNESS FULFILLMENT, LLC AND INFORMATION PROVIDERS MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE SERVICE. FITNESS FULFILLMENT, LLC AND INFORMATION PROVIDERS CANNOT AND DO NOT WARRANT AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA. FITNESS FULFILLMENT, LLC AND INFORMATION PROVIDERS CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THIS ONLINE SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. FITNESS FULFILLMENT, LLC AND INFORMATION PROVIDERS DO NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS OR SERVICE ACCESSED THROUGH FITNESS FULFILLMENT.com WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN FITNESS FULFILLMENT.com WILL BE CORRECTED. Users of FITNESS FULFILLMENT.com are responsible for (1) implementing and maintaining adequate procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output and (2) maintaining a means external to FITNESS FULFILLMENT.com for the reconstruction of any lost data.

THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

3.5 Disclaimer of Third Party Information.

Statements made in websites, newsgroups, message boards, email, forums, conferences and chats reflect only the views of their authors. Forum managers, forum hosts, content providers, Information Providers or merchants appearing on FITNESS FULFILLMENT.com are not authorized FITNESS FULFILLMENT, LLC spokespersons, and their views do not necessarily reflect those of FITNESS FULFILLMENT, LLC.

4. On-Line Communications

4.1

Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by FITNESS FULFILLMENT, LLC FITNESS FULFILLMENT, LLC cannot and does not screen content provided by you to FITNESS FULFILLMENT.com or through the Service. Notwithstanding the foregoing, FITNESS FULFILLMENT, LLC reserves the right to monitor content on FITNESS FULFILLMENT.com and to remove content, which FITNESS FULFILLMENT, LLC, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of this Agreement or FITNESS FULFILLMENT, LLC's operating policies for users of FITNESS FULFILLMENT.com ("Users"). Except as described herein, any communication which you post on any public area of FITNESS FULFILLMENT.com (e.g., comments, forums, etc.) is considered to be non-confidential. By placing any information or other material on such publicly accessible locations on FITNESS FULFILLMENT.com (including but not limited to posting messages, uploading files, inputting data or engaging in any other form of communication), you automatically grant (or warrant that the owner of such content has expressly granted) to FITNESS FULFILLMENT, LLC a perpetual, royalty- free, non-exclusive, irrevocable, unrestricted, worldwide license to use, copy, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, publish and/or broadcast, publicly perform or display any materials or other information (including without limitation, ideas contained therein for new or improved products or services) you submit to public areas of FITNESS FULFILLMENT.com (including but not limited to chat rooms, forums and bulletin boards) alone or as part of other works in any form, media, or technology whether by any means and in any media now known or hereafter developed and to sublicense such rights through multiple tiers of sublicenses.

4.2

You may send and receive electronic mail ("email"), engage in conferences and chats, download and upload files and otherwise use FITNESS FULFILLMENT.com as permitted by this Agreement, FITNESS FULFILLMENT, LLC operating policies and applicable law. Files that you upload, public messages that you send and your activity in conferences and chats are subject to review, modification and deletion without notice by the forum manager responsible for the FITNESS FULFILLMENT.com area where you're uploading or other activity takes place (or by an individual designated by such forum manager for such purpose). FITNESS FULFILLMENT, LLC operating policies relating to online conduct, storage and deletion of email and uploaded files, conferences, bulletin boards ("BBSs") and other matters are available online at forums. Fitness Fulfillment.com, FITNESS FULFILLMENT, LLC reserves the right in its sole discretion to change such policies at any time. Files uploaded to a BBS may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download them.

4.3

You are responsible for your communications and your use of FITNESS FULFILLMENT.com. You may not, under any circumstances, do any of the following: (a) use simultaneous, unattended or continuous connections to FITNESS FULFILLMENT.com with one account; (b) post or transmit any message which is libelous or defamatory; (c) post or transmit any message, data, image or program which is indecent, obscene or pornographic; (d) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; (e) use FITNESS FULFILLMENT.com to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (f) intercept or attempt to intercept email or other private communications not intended for you; (g) send email to Users or other Internet users for any purpose other than personal communication, including to advertise or offer to unsolicited sell goods or services to other Users, use as a mass unsolicited distribution medium to communicate a generally unsolicited message, or use your email account as an address to which Users or other Internet users need to respond (except as otherwise expressly permitted by FITNESS FULFILLMENT, LLC; (h) send unsolicited email messages through third-party mail servers in order to relay your email or hide the origination of your email to others; (i) upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such files or have received all necessary consents; (j) upload files that contain a virus or corrupted data; (k) delete any author attributions, legal notices or proprietary designations or labels in a file that you upload to a BBS or FITNESS FULFILLMENT.com; (l) falsify the source or origin of software or other material contained in a file that you upload to a BBS or FITNESS FULFILLMENT.com; (m) use FITNESS FULFILLMENT.com in a manner that adversely affects the availability of its resources to other Users; (n) use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a subscriber to FITNESS FULFILLMENT.com the User directory or any portion thereof other than for personal, noncommercial purposes (except as otherwise expressly permitted by FITNESS FULFILLMENT, LLC; (o) falsely purport to be an employee or agent of FITNESS FULFILLMENT.com (p) cause repeated disruptive indents; (q) act, or fail to act, in your use of FITNESS FULFILLMENT.com, in a manner that is contrary to applicable law or regulation; or (r) engage in any other activity deemed by the FITNESS FULFILLMENT, LLC to be in conflict with the spirit or intent of this Agreement. In addition, you may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not the intent of FITNESS FULFILLMENT, LLC to discourage Users from taking controversial positions or expressing vigorously what may be unpopular views in FITNESS FULFILLMENT.com, nonetheless, FITNESS FULFILLMENT, LLC reserves the right to take such action as it deems appropriate in cases where FITNESS FULFILLMENT.com is used to disseminate statements which are deeply and widely offensive and/or harmful. Each time you upload a file on FITNESS FULFILLMENT.com, you represent and warrant that you own or otherwise control the rights or have the necessary consents to do so, and you grant every other User the right to download and use such file. Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability.

5. Operation

FITNESS FULFILLMENT, LLC reserves complete and sole discretion with respect to the operation of FITNESS FULFILLMENT.com. FITNESS FULFILLMENT, LLC may, among other things: (a) delete email or private messages if it has not been accessed by a User within the time established by FITNESS FULFILLMENT, LLC policies; (b) subject to Section 7 and Section 4, make available to third parties information relating to FITNESS FULFILLMENT.com and Users; and (c) withdraw, suspend or discontinue any functionality or feature of FITNESS FULFILLMENT.com.

FITNESS FULFILLMENT, LLC may, in its complete and sole discretion, review uploaded files, conferences, BBSs, forums, and chats and authorize restrictions on access thereto. FITNESS FULFILLMENT, LLC will not review the contents of email or private messages except as required or allowed by applicable law or legal process.

6. Other Sites

You are encouraged to use discretion while browsing the Internet using links initiated at FITNESS FULFILLMENT.com. FITNESS FULFILLMENT.com links may lead unintentionally to sites containing information that some people may find inappropriate or offensive. It may also lead to sites which contain inaccurate information, false or misleading advertising, or information which violates copyright, libel or defamation laws. FITNESS FULFILLMENT, LLC and Information Providers make no representations concerning any effort to review all of the content of sites listed in its Website.

7. Review of Postings & Uploads

FITNESS FULFILLMENT.com does not and cannot review all communications and materials posted or uploaded to FITNESS FULFILLMENT.com and is not responsible for the content of these communications and materials. However, FITNESS FULFILLMENT.com reserves the right to block or remove communications or materials that it determines, in its sole discretion, to be (a) abusive, libelous, defamatory or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright or trademark, other intellectual property right of another or (d) offensive or otherwise unacceptable to FITNESS FULFILLMENT.com. ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.

8. Privacy Policy

FITNESS FULFILLMENT, LLC considers its users' privacy to be of the utmost importance. Please see our Privacy Policy for a detailed description of our information gathering and dissemination practices for FITNESS FULFILLMENT.com.

9. Copyright

The entire contents of FITNESS FULFILLMENT.com are copyrighted as a collective work under the laws of United States and other copyright laws. FITNESS FULFILLMENT, LLC holds the copyright in the collective work. The collective work includes works that are the property of the Information Providers which are also protected by copyright and other intellectual property laws. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of FITNESS FULFILLMENT.com solely for your own non-commercial use, unless otherwise permitted (e.g., in the case of electronic coupons, etc). Any redistribution retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from FITNESS FULFILLMENT.com. You may not use any FITNESS FULFILLMENT, LLC logo or any other proprietary graphic or trademark without FITNESS FULFILLMENT, LLC's express written permission.

10. Licenses and Idea Submissions

You agree to grant to FITNESS FULFILLMENT, LLC a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of FITNESS FULFILLMENT.com (such as BBSs, forums and chat rooms) by all means and in any media now known or hereafter developed. You hereby waive your moral rights in any such materials and information, and you hereby warrant that any such materials and information are original with you, or that you have the right to submit such materials and information. You agree that you shall have no recourse against FITNESS FULFILLMENT, LLC for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.

11. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS FITNESS FULFILLMENT, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES' WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING FITNESS FULFILLMENT.com USING YOUR SERVICE ACCOUNT.

12. Waiver, Release and Limitation of Liability

YOU AGREE THAT NEITHER FITNESS FULFILLMENT, LLC, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF FITNESS FULFILLMENT.com, THE SERVICE, OR THE CONTENT. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST FITNESS FULFILLMENT, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF FITNESS FULFILLMENT, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF FITNESS FULFILLMENT.com, THE SERVICE, OR THE CONTENT.

Your use of the Service is solely at your own risk. You expressly acknowledge and agree that FITNESS FULFILLMENT, LLC shall not be responsible for any damage, loss, or injury to persons or property caused, or alleged to have been caused, directly or indirectly, by any instruction, information, product, or ideas provided, suggested or referenced on FITNESS FULFILLMENT.com, the Service, or the Consent. No advice or information, whether oral or written, obtained by you from FITNESS FULFILLMENT.com or through the Service shall create any warranty not expressly made herein.

NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF FITNESS FULFILLMENT, LLC, IT’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED. IN NO EVENT SHALL FITNESS FULFILLMENT, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT REFERRED TO ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, IDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THE INFORMATION OR OTHER PARTS OF FITNESS FULFILLMENT.com ARE HEREBY EXCINCLUDED EVEN IF FITNESS FULFILLMENT, LLC ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. Third Party Rights

The provisions of paragraphs 16 (Indemnification) and 17 (Waiver, Release and Limitation of Liability) are for the benefit of FITNESS FULFILLMENT, LLC and its officers, directors, employees, agents, licensors, suppliers, and Information Providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

14. Term; Termination

Membership to FITNESS FULFILLMENT.com is available on a month-to-month or annual basis, with automatic renewal.

Either you or FITNESS FULFILLMENT.com may terminate your right to use FITNESS FULFILLMENT.com at any time, with or without cause, upon notice. FITNESS FULFILLMENT, LLC also reserves the right to terminate or suspend your FITNESS FULFILLMENT.com membership without prior notice, but FITNESS FULFILLMENT, LLC will confirm such termination or suspension by subsequent notice. The provisions of paragraphs 1.2 (User's Agreement), 1.3 (User Representations), 9 (Copyright), 10 (License, and Idea Submission), 11 (Indemnification), 12 (Waiver, Release and Limitation of Liability), 13 (Third Party Rights), 15 (Cancellation), 17 (Miscellaneous), and 18 (Notice) shall survive any termination of this Agreement.

15. Cancellation

You are responsible for all associated renewal fees relating to your FITNESS FULFILLMENT.com account until you elect to cancel your subscription to FITNESS FULFILLMENT.com through your FITNESS FULFILLMENT.com account. To cancel your subscription, please follow the instructions posted at http://www.Fitness Fulfillment.com/pages/How-To-Cancel.

PLEASE NOTE: Notwithstanding anything to the contrary herein (including the provisions of Section 20 below), in the event you wish to cancel your subscription, (a) you must initiate the cancellation process through your FITNESS FULFILLMENT.com account, and (b) you must complete such cancellation in accordance with the instructions provided herein.

Cancellations are not retroactive therefore if a member cancels after their membership month has begun, the member will not be entitled to a refund for that membership month. Cancellations do not become effective until the starting date of the member's next membership month. A membership month begins on the calendar date when a member subscribes to FITNESS FULFILLMENT.com and concludes on the day before that calendar date the following month.

16. Refunds

Refunds are available to any pre-paid member who is unsatisfied with their membership to FITNESS FULFILLMENT.com. The refunded amount will be equal to the difference between the initial payment and the remaining balance on the account.

17. Copyright or Intellectual Property Infringement Notification

FITNESS FULFILLMENT, LLC respects the intellectual property rights of others. You can notify FITNESS FULFILLMENT, LLC of possible copyright infringement, and FITNESS FULFILLMENT, LLC will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide the following:

(i) A physical or an electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;

(ii) A description of the copyrighted work or other intellectual property that you claim has been infringed;

(iii) A description of where the material that you claim is infringing is located on FITNESS FULFILLMENT.com reasonably sufficient to permit FITNESS FULFILLMENT, LLC to locate the material;

(iv) Your contact information, including your address, telephone number, and email;

(v) A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement by you that the above information in your notice is accurate and that you, made under penalty of perjury, are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Contact the agent designated to receive and act on copyright violations under the Digital Millennium Copyright Act (ìDMCAî). Claims can be sent to [copyright@FitnessFulfillment.com] or to Fitness Fulfillment, LLC, 12101 N MacArthur Blvd., STE A116, Oklahoma City, OK 73162.

18. Export Controls; U.S. Government Restricted Rights

(i) You shall comply with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control (ìOFACî), or other United States or foreign agency or authority, and not to export, or allow the export or re-export of the Material in violation of any such restrictions, laws or regulations. By downloading or using the Material, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any restricted country or on any such list.

(ii) Any software which is downloaded from or made available via MobileTrainer for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Fitness Fulfillment, LLC, 12101 N MacArthur Blvd., STE A116, Oklahoma City, OK 73162.

19. Miscellaneous

This Agreement shall be governed by and construed in accordance with the laws of the State of California. You agree that any legal action or proceeding between FITNESS FULFILLMENT, LLC and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Santa Clara County, California, United States. Any cause of action or claim you may have with respect to FITNESS FULFILLMENT, LLC must be commenced within one (1) year after the claim or cause of action arises. FITNESS FULFILLMENT, LLC failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver. This Agreement constitutes the complete and exclusive statement of the agreement between the parties with respect to the Service and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Service. If any action in law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled. The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof. No provisions of this Agreement are intended, nor will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any user, client, customer, affiliate, or any party hereto or any other person unless specifically provided otherwise herein, and except as so provided, all provisions hereof will be personal solely between the parties to this Agreement; except that Sections 11, 12 and 13 is intended to benefit FITNESS FULFILLMENT, LLC and its officers, directors, employees, agents, licensors, suppliers, and Information Providers. FITNESS FULFILLMENT, LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.

20. Notice

FITNESS FULFILLMENT, LLC may deliver notice to you under this Agreement by means of electronic mail, a general notice on FITNESS FULFILLMENT.com, or by written communication delivered by first class U.S. mail to your address on record in FITNESS FULFILLMENT, LLC'S account information. You may give notice to FITNESS FULFILLMENT, LLC at any time via electronic mail to FITNESS FULFILLMENT.com to the following address:

ATTN: Member Service

memberservices@FitnessFulfillment.com