Terms and conditions of use

(Updated September 21, 2012)

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE CAREFULLY.

Get In Shape Franchise, Inc. ("Get In Shape For Women") operates this Site to provide online access to information about Get In Shape For Women and the services, products, and opportunities we provide (the "Service"). By accessing and using this Site, you agree to each of the Terms of Use and conditions set forth herein ("Terms of Use"). These Terms of Use, govern your use of the areas, content or transactions.

From time to time, we may supplement these Terms & Conditions with additional terms and 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.

Changes

Get In Shape For Women reserves the right, in its sole discretion, to revise these Terms of Use at any time and correct any errors or omissions in any portion of the Site and Materials. Materials may also be changed, modified, added, or removed or updated without notice at any time; however, Get In Shape For Women is under no obligation to update Materials. Get In Shape For Women may also make changes in the services, products, programs or prices (if any) described in the Site at any time without notice. Your continued use of the Site after any change Get In Shape For Women makes to the Site will be considered acceptance of those changes.

You should revisit these Terms of Use from time to time to review the then-current Terms of Use because they are binding on you.

  • You shall use the Site for lawful purposes only.
  • You shall not post or transmit through the Site any information or material that violates or infringes in any way the rights of others, or that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, harassing, or otherwise objectionable.
  • You shall not post or transmit through the Site any information or material that encourages conduct that would constitute a criminal offense, give rise to liability or otherwise violate any law or administrative ruling or guidelines.
  • You shall not post or transmit through the Site any information or material that is in violation of these Terms of Use or, without Get In Shape For Women's prior written approval, contains advertising or any solicitation with respect to products or services.

Any conduct by you that, in Get In Shape For Women's opinion, restricts or inhibits any other user from using or enjoying the Site will not be permitted.

The Site contains information and material, including, but not limited to, text, software, photos, video, graphics and audio (collectively "Materials"), which are derived in whole or in part from information and materials supplied by Get In Shape For Women and other sources, and are protected by copyright, trademark and other laws. Get In Shape For Women owns the copyright in the overall selection, coordination, arrangement and enhancement of such content, and owns the rights in, or license to use, the individual components of such content.

Materials may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way or decompiled, reverse engineered or disassembled, including but not limited to the text, images, audio and/or video, as well as any software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software.

Modification of the Materials or use of the Materials for any other purpose is a violation of Get In Shape For Women's or such other sources' copyright, trademark and other proprietary rights and may violate other laws.

The use of any such Materials on any other web site or networked computer or environment is prohibited without Get In Shape For Women's express written consent. If you breach any of these Terms of Use, your authorization to use the Site automatically terminates and you must immediately destroy any downloaded or printed Materials.

Products

All features, content, specifications, products and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We use reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual colors you see will depend on your computer system and we cannot guarantee that your computer will accurately display all colors.

The inclusion of any products or services in the Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) with regard to the possession, use and sale of any item purchased from the Website. By placing an order, you represent that the products ordered will be used only in a lawful manner. All videocassettes, DVDs and similar products sold are for private, home use only (where no admission fee is charged), for non-public performance, and may not be duplicated.

Disclaimer; Limitation of Liability

The site and materials and related communications are provided "as is" without any representations or warranties, express or implied, of any kind, including, but not limited to, warranties of merchantability, non-infringement, or fitness for a particular purpose. Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions of implied warranties may not be applicable under certain circumstances. Under these circumstances, all other exclusions remain in force.

Get In Shape For Women does not warrant the accuracy, reliability or completeness of any information contained on this Site, nor does it warrant or represent that any information may be suitable for use in any circumstance or application. By using this Site you acknowledge that any reliance on any such materials, advice, statement or information shall be at your sole risk.

Get In Shape For Women assumes no responsibility, and shall not be liable, for any damages of any nature caused by the use of this Site. This express disclaimer includes damages caused by viruses, worms, trojans or any other computer software or anomaly that may infect, affect, or damage your computer hardware, software, memory or any other property of yours or others, as a result of your access to, use of, or browsing on this Site.

Privacy

We are committed to protecting your privacy and security. For more information, you should review our Privacy Policy.

Third-Party Sites

Get In Shape For Women may provide, as a convenience to you, links to web sites operated by other entities and persons, but makes no representations whatsoever about any other web site you may access through this one. Any link to a non-Get In Shape For Women web site does not mean that Get In Shape For Women endorses or accepts any responsibility for the content or use of such web site.

If you use web sites that are linked to this Site, you do so at your own risk. Get In Shape For Women makes no warranty or representation regarding, and does not sponsor or endorse, any linked web sites or the information or materials appearing thereon or any of the products and/or services described thereon. Furthermore, linking to sites operated by other entities and persons does not imply that (1) Get In Shape For Women is affiliated or associated with those entities or persons, or (2) any linked site is authorized to use any trademark, trade name, logo, or copyright of Get In Shape For Women.

Third Party Content

Any opinions, statements, services, offers or other information or content expressed or made available on the Site by any third party are those of the respective author(s) or distributor(s) and not of Get In Shape For Women.

Limitation of Liability

Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the Materials contained in the Site, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue accessing and using the Site.

Under no circumstances will Get In Shape For Women, its suppliers or other third parties mentioned on the Site or involved in creating, producing, or delivering the Site, be liable for any direct, incidental, consequential, indirect, special or punitive damages whatsoever (including without limitation, costs and expenses of any type incurred, lost profits, lost data or programs, and business interruption) arising out of your access to, use, inability to use, or the results of use of the Site any web sites linked to the Site, or any materials contained at any or all such Sites (including but not limited to those caused by, or resulting from, a failure of performance, error, omission, linking to other web sites, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure or destruction, unauthorized access to, alteration of, or use of any computer or system), whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory, and whether or not Get In Shape For Women was advised of the possibility of such damages.

Get In Shape For Women shall have no liability or responsibility for any acts, omissions, or conduct of any user or third party.

Get In Shape For Women's obligations and responsibilities regarding its products and services are governed solely by Get In Shape For Women's terms and conditions of sale or license under which such products and services are sold or licensed.

Copies of such terms and conditions are available from Get In Shape For Women or its affiliates.

Information Provided By You

It has been and remains Get In Shape For Women's policy not to accept or consider ideas, suggestions or materials other than those that Get In Shape For Women has specifically requested from you. Accordingly, Get In Shape For Women does not want you to, and you should not, send any confidential or proprietary information to Get In Shape For Women through the Site unless specifically requested by Get In Shape For Women. Please note that any unsolicited information or material sent to Get In Shape For Women will be deemed not to be confidential or proprietary.

By submitting information and material to the Site, you automatically grant to Get In Shape For Women (or warrant that the owner of such information and material has expressly granted to Get In Shape For Women) a royalty-free, perpetual, irrevocable, unrestricted right and license to use, reproduce, display, perform, modify, adapt, publish, translate, transmit and distribute, or otherwise make available to others such information and material (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. You also agree that Get In Shape For Women is free to use any ideas, concepts, know-how, or techniques that you send Get In Shape For Women for any purpose.

As further provided above, Get In Shape For Women does not want to receive, and you are deemed to covenant and agree through the use of the Site not to provide, any information or materials that are defamatory, threatening, obscene, harassing, in violation of any law, governmental requirements or otherwise unlawful, or that incorporate the proprietary information or materials of another person or entity.

You shall not upload, post, or otherwise make available on the Site, any information and material protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission.

When You visit the Website or send e-mails to Us, You are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with You by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.

Linking to Site

Anyone linking to Get In Shape For Women's Site must comply with Get In Shape For Women's guidelines for linking to Get In Shape For Women's Site and all applicable laws.

International Users

The Site is administered by Get In Shape For Women from its offices in the United States. Materials published at the Site may refer to products, programs, or services that are not available in your country. Consult your local Get In Shape For Women business contact in this regard. Furthermore, Get In Shape For Women makes no representation that the Materials at the Site are appropriate or available for use at locations outside of the United States, and access to them from territories where their contents are illegal is prohibited.

You may not use the Site or export information and Materials in violation of the export laws of the United States or any other country. If you access the Site from a location outside of the United States, you are responsible for compliance with all applicable laws.

Governing Law

These Terms of Use shall be governed by the laws of the State of Massachusetts, without giving effect to any principles of conflicts of law. If any provision of this Agreement and Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

These Terms of Use constitute the entire agreement between Get In Shape For Women and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within six (6) months after the claim or cause of action arises.