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Terms and Conditions of Use

Last Updated: February 27, 2014

By accessing or using the InboxFitness.com LLC website located at www.inboxfitness.com (the “Website”), you indicate that you have read and understand this Terms and Conditions of Use Agreement (the "Terms of Use"), which incorporates by reference our Privacy Notice, and agree to be bound by it. Our Privacy Notice is located at Privacy Policy. You must accept this Terms of Use in its entirety in order to use the Website. If you do not understand or have questions about the Terms of Use, immediately stop all use of the Website and contact customercare@inboxfitness.com. If you do not accept this Terms of Use, you may not use the Website. Your continued use of the Website constitutes your agreement to the most current version of this Terms of Use. If at any time you do not agree to this Terms of Use, you must cease your use of this Website. If you "bookmark" a portion of the Website or otherwise bypass the Terms of Use, you will still be bound by the Terms of Use.

The Terms of Use apply only to the Website and do not apply to any websites that are linked to the Website. For access to the terms and conditions or privacy policies of linked websites, please refer to the policies of such websites. The Terms of Use are subject to change at any time by us, without prior notice to you, by our posting them on the Website. It is your obligation to review the Terms of Use before accessing the Website. Any changes to the Terms of Use will be effective immediately upon our posting them to the Website, unless otherwise stated. We reserve the right to change the contents of the Website at any time, with or without notice.

Definitions

For the purposes of this Terms of Use, the following definitions apply:

"Text" includes all text on every page of the Website, whether editorial, navigational, or instructional.

"Graphics" includes all logos, buttons, and other graphical elements on the Website, including the color combinations and the page layout of the Website, with the exception of trademarks and intellectual property belonging to third-parties and displayed with permission.

"Programming" includes, but is not limited to, both client-side code (including but not limited to HTML, JavaScript, etc.) and server-side code (including but not limited to Active Server Pages, VBScript, databases, etc.) used on the Website.

“You” or “your" refers to the person accessing the Website and agreeing to this Terms of Use.

“Affiliates” refers to companies and divisions under the ownership of InboxFitness.com LLC or that own InboxFitness.com LLC.

Use of This Website

This Website is designed to provide you with information about InboxFitness.com LLC, and its products and services. Use of this Website is a privilege. Users who violate this Terms of Use may be denied access to the Website, and we reserve the right to suspend your use of the Website for any reason at any time, in our sole discretion. The Website and its contents are not intended for the use of children under the age of 14.

You may not collect or use any portion of the content of this Website in any derivative way, or download, or copy information or other matter for use of any other party. You may not gather information and data on the Website from mining, robots or other extraction tools. The information displayed on the Website may not be used for any purpose except in connection with your direct use of the Website as permitted by this Terms of Use, and may not be excerpted, summarized, duplicated or otherwise removed from the Website except with our explicit, written permission. In addition, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Website for any purpose or in any manner that is prohibited by this Terms of Use or by applicable law. You also may not interfere with the proper operation of the Website including, but not limited to, by attacking, hacking into, or otherwise attempting to penetrate any non-publicly accessible elements of the Website or its servers or network, through the use of bots, Trojan Horses, viruses, DNS attacks, or other technology which is designed or intended to interfere with the proper operation of the Website or the use of the Website by any users. You agree that you will not circumvent or attempt to circumvent any security or access control technology implemented on the Website, or the servers and network associated with the Website. Any unauthorized use terminates the permission or license granted by InboxFitness.com LLC, in addition to all rights at law or in equity.

You are specifically prohibited from posting, sending, submitting, publishing, or transmitting in connection with this Website any material that is unlawful or for illegal activity. You agree not to use this Website to do any of the following:

InboxFitness.com LLC reserves the right to monitor the use of this Website to determine compliance with the Terms of Use, to refuse to accept submitted information for any reason, and to suspend or terminate your access to the Website, for any or no reason and at any time. InboxFitness.com LLC further reserves the right to seek any remedy available at law or in equity for any violation of the Terms of Use. You remain solely responsible for the content of your submissions and acknowledge and agree that InboxFitness.com LLC shall not be liable to you or to any third party if InboxFitness.com LLC refuses to accept your submitted information or terminates your access to the Website.

InboxFitness.com LLC reserves the right to cooperate with any law enforcement authorities or court order requesting or directing InboxFitness.com LLC to disclose the identity of anyone posting any email messages, or publishing or otherwise making available any materials that are believed to violate the Terms of Use. You agree to waive and indemnify and hold InboxFitness.com LLC harmless from and against any and all claims whatsoever resulting from or in connection with any action by InboxFitness.com LLC regarding any investigations either by InboxFitness.com LLC or law enforcement authorities.

Account Registration

Certain areas of the Website may require registration. You may only create and use an account for your own personal use. If you register or provide information to us in any manner, you agree to provide only true, accurate, current and complete information. You are responsible for maintaining the security of your account, and you are fully responsible for all activities and actions that occur in connection with the account. If we issue a username and/or password to you, you agree to protect such information by, among other things, keeping your password and other information relating to your account confidential. If, notwithstanding the foregoing obligation, you allow another party to use your account, you will be responsible for all use of the Website by the party using your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including but not limited to any damages of any kind incurred as a result of such acts or omissions. By registering for an account, you grant us permission to send emails, offers, promotions and other marketing material to you via email. You may unsubscribe at any time.

Acceptable Use of the Shopping Area

The Shopping Area has e-commerce functions, including “Your Cart”, “Checkout”, “Spotlight”, “Today’s Deal”, “Recommended”, “Stock Room”, and “Stacks”, and is intended to facilitate the offering for sale of health supplements, nutritional products, apparel, exercise equipment and other health, wellness and fitness items by InboxFitness.com LLC. A limited license is granted to you by us to view, download, and use a single copy of the Shopping Area solely for your personal, non-commercial use and only as an aid to shopping on the Shopping Area. The Shopping Area may be used in a manner consistent with this purpose, and only within the context of the products, services and information set forth on the Shopping Area. Except as provided herein, you are not permitted to download (other than page caching) or change any portion of the Shopping Area, unless you have our express written consent.

You may not collect listings of products, prices, descriptions, use any portion of the content in any derivative way, download, or copy information or other matter for use of any other party. You may not gather information and data on the Shopping Area from mining, robots or other extraction tools. The information displayed on the Shopping Area may not be used for any purpose except in connection with your direct use of the Shopping Area as permitted by these Terms of Use, and may not be excerpted, summarized, duplicated or otherwise removed from the Shopping Area. In addition, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Shopping Area for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law. Your use of the Shopping Area is also subject to the following restrictions:

a. You may not send unsolicited commercial email to Users. In addition, spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited;

b. You may not delete, edit or revise any material posted by any other person or entity. You may not copy, duplicate, download or otherwise use any material posted by any other person or entity except for the purposes permitted by these Terms of Use.

c. You may not interfere with the proper operation of the Shopping Area including, but not limited to, by attacking, hacking into, or otherwise attempting to penetrate any non-publicly accessible elements of the Shopping Area, through the use of bots, Trojan Horses, viruses, DNS attacks, or other technology which is designed or intended to interfere with the proper operation of the Shopping Area or the use of the Shopping Area by any Users.

Limitations on Information Submitted

Any submission of information to us through the Shopping Area is subject to the following guidelines and restrictions:

a. It may not contain URLs or links to any other websites (to advertise your company or website, contact our Sales department at customercare@inboxfitness.com;

b. It may not contain copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material and provide proper attribution to the copyright owner);

c. It may not contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components;

d. It is not or could not be construed to be spam mail or any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Shopping Area or its contents.

e. It may not contain trade secrets (unless you own them or have the owner's permission to post them);

f. It may not contain material that infringes on the intellectual property rights of others, including but not limited to, copyright, trademark, patent, trade dress or trade secret rights, or any other Marks;

g. It may not contain material that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, derogatory, bigoted, or hateful;

h. It may not contain information that is known by you to be untrue, false or misleading or which does not fairly or accurately depict or describe the subject matter which is the subject of the information posted by you;

i. It may not present information which impersonates another person, whether living or dead, misstate the identity of any person, or misstate or mislead as to gender or age;

j. You may not solicit money, investments or make any offering of securities or investments;

k. You may not submit chain letters or pyramid schemes;

l. You may not submit opinions or notices, commercial or otherwise;

Monitoring of Information

InboxFitness.com LLC does not assume any obligation to review or monitor the content or other information submitted to the Shopping Area. User assumes the risk of verifying the accuracy of information posted through independent investigation. Notwithstanding, we may in our discretion review information submitted to the Shopping Area for any purpose whatsoever and we reserve the right, in our sole discretion, to remove, edit or reject any information submitted to the Shopping Area for any reason whatsoever.

Rights to Information

Except for information necessary to place an order, we do not want to receive any confidential or proprietary information or trade secrets through the Shopping Area. Any information, materials, suggestions, ideas or comments you send to us will be deemed non-confidential, and by submitting it, you are granting us an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you, subject to the Privacy Notice. However, we will not use your name unless it is required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless your permission is first obtained.

Product Information and Specifications

All features, content, specifications, products and prices of products and services described or depicted on this Website are subject to change at any time without notice. All prices and denominations are listed, and concomitant transactions are conducted, in United States Dollars. Certain weights, measures and similar descriptions may be approximate and are provided for convenience purposes only. We attempt to ensure that information on the Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on the Website. For example, products included on this Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Website.

Product Orders; Quantity Limits and Dealer Limits

We reserve the right, at our sole discretion, to limit the number of items purchased per person, per household, or per order. These restrictions also may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address, or are placed by dealers. The inclusion of any products or services on the Website at a particular time does not imply or warrant that these products or services will continue to be available.

Submission of Your Order

You understand that in order to submit your order, you will be required to explicitly agree to abide by the Terms of Use and Privacy Notice. You also acknowledge that you have read, accept, and agree to abide by InboxFitness.com LLC’s Return Policies, which are incorporated herein by reference. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this 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 (where no admission fee is charged), non-public performance and may not be duplicated, unless otherwise noted.

Acceptance of Your Order

You will not be charged until your order is verified, payment authorized, and your order has entered the shipping process. InboxFitness.com LLC reserves the right to decline your order at its sole discretion. Some of the reasons your order may be declined are if the goods are unavailable, if pricing is in error, or if there are problems concerning credit or an issue of fraud is detected. We will contact you if your order is declined or if we need more information. If your order is declined, we will credit your credit card for any amount charged with respect to such order. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. Risk of loss and title for items purchased from this Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

Use of Promotional Gift Cards

Customers who make qualifying purchases between February 28, 2014, and March 31, 2014, are eligible for promotional gift cards.

The following terms and conditions (the "Agreement") apply to any Inbox Fitness Gift Card or Email Gift Card given by Inbox Fitness for free, including "free with purchase," or distributed as a reward, incentive, part of a marketing program or promotion or otherwise (the "gift card").

Promotional gift cards received by email are redeemable upon receipt of the gift card (cards will arrive within 3 business days). Your promotional Inbox Fitness gift card will be honored for merchandise purchased online at inboxfitness.com.

  1. By accepting and retaining the gift card or using the gift card, you agree to these terms and conditions, as well as future terms and conditions and program/service changes. We reserve the right to change the format, elements, and terms and conditions of the gift card program at any time without notice. Current terms and conditions can be viewed at http://www.inboxfitness.com/mobile/terms-of-service.htm. The gift card and associated offers are void where prohibited by law. The terms "you and your" mean the person to whom the gift card was issued.
  2. Use of the gift card is limited to the amount of funds associated with the gift card. You cannot increase the funds on the gift card. Resale of this gift card or use for unauthorized advertising, marketing, sweepstakes or other promotional purposes is strictly prohibited. Cards may not be used to purchase other Inbox Fitness Gift Cards. You may not permit any other person to use the gift card issued to you. Your right to use the funds on the gift card is a limited right, subject to the terms and conditions of the Agreement and applicable law. Please note that purchases made with the gift card are similar to those made with cash in that you cannot "stop payment" on such transactions. Inbox Fitness is not responsible for errors or omissions. The full amount of each purchase will be deducted from the funds held on the gift card, up to the total funds available on the gift card. Promotional Gift Card funds may not be applied to shipping charges, return labels, taxes, repairs, or back-ordered items.
  3. Any return of items that qualified for a Promotional Gift Card will be refunded net of the purchase amounts made on the gift card. Upon the return of an item that qualified for a Promotional Gift Card, the gift card will be subsequently deactivated and void for use. Promotional Gift Card funds may not be applied to additional costs associated with returns or exchange orders.
  4. The laws of Delaware govern the gift card and the terms and conditions of this Agreement.
  5. Please note that the gift card has an expiration date corresponding to one year from the date of issuance; refer to the email that accompanied the gift card for its expiration date. After that date, the funds will expire and Inbox Fitness will not accept the gift card. Invalid gift cards are not replaceable or returnable.
  6. You agree to use the gift card only for legitimate purchases of merchandise through Inbox Fitness and not for the purpose of obtaining cash from Inbox Fitness.
  7. This gift card promotion is designed to provide a benefit to our individual customers by permitting individual customers to purchase items of Inbox Fitness merchandise for their own personal use at a discount. These promotional gift cards are not transferable and have no cash value. Inbox Fitness reserves the right, in its sole discretion, to refuse to honor any gift card that is used in a manner inconsistent with these objectives, including without limitation any fraudulent use. If we suspect misuse of the gift card, it may be suspended or terminated.
  8. As part of providing you with the gift card, we may obtain personal information about you that we use on Inbox Fitness' behalf to support and enhance your use of the gift card. Any such use shall be in compliance with Inbox Fitness' privacy policy, as it may be updated from time to time, a copy of which can be found at http://www.inboxfitness.com/mobile/privacy-policy.htm

Procedure for Making and Responding To Claims of Copyright Infringement

We will respond to claims of copyright infringement, and will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”), Title 17, United States Code, Section 512(c)(2), where applicable. In keeping with the DMCA, notifications of claimed copyright infringement by third parties should be sent to Shopping Area's designated agent noted below (the “Designated Agent”). If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on the Shopping Area, please notify us by contacting the Designated Agent.

In order to give effective notification of a claim of copyright infringement by a third party under the DMCA, you must send a written communication to the Designated Agent that includes substantially the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work, or, if multiple copyrighted works at a single online Shopping Area are covered by a single notification, a representative list of such works at that Shopping Area, that are claimed to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Shopping Area to locate the material; (4) information reasonably sufficient to permit Shopping Area to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that neither the copyright owner, nor its agent nor the law has authorized the use of the material in the manner complained of; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Designated Agent for notice of claims of copyright infringement can be reached as follows:

By mail:
InboxFitness.com LLC
113 Barksdale Professional Center
Newark, DE 19711
Attention: Legal Dept.

With notification to:
OlenderFeldman LLP
2840 Morris Avenue
Union, NJ 07083
Attention: Kurt D. Olender, Esq.

By E-mail:

customercare@inboxfitness.com

With notification to:

kolender@olenderfeldman.com

If a valid notification of alleged copyright infringement is received, we will remove or disable access to the material identified in the notice as being infringing or as being the subject of infringing activity, and take reasonable steps to notify the alleged infringer that it has removed or disabled access to this material. Please note that, under the DMCA, a claimant who makes a misrepresentation concerning copyright infringement may be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer who is injured by such misrepresentation as a result of reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or ceasing to disable access to it.

Information You Provide to InboxFitness.com LLC via this Website

If you choose to provide any personal information via this Website, the information will be used only for certain purposes, as described in our Privacy Notice. Additionally, we may collect or share certain information based on your usage of the Website, as described in our Privacy Notice.

In order to facilitate communications between you and InboxFitness.com LLC, this Website offers you the ability to contact us. Although we strive to protect and secure our online communications, and use the security measures detailed in our Privacy Notice to protect your information, please note that no data transmitted over the Internet can be guaranteed to be completely secure and no security measures are perfect or impenetrable. InboxFitness.com LLC shall have no liability whatsoever for any unaccepted or unprocessed email instructions or requests, or for any loss or damage arising from or in connection with any unauthorized use by third parties of any information that you send by email. If you would like to transmit sensitive information to us, please contact us to arrange a more secure means of communication.

Viruses and Transmission of Sensitive Information

InboxFitness.com LLC cannot and does not guarantee or warrant that the materials contained on this Website will be free of viruses, worms or other code or related hazards that may have destructive properties (collectively “viruses”). It is your responsibility to ensure that you have sufficient procedures, firewalls, checkpoints, and safeguards within your computer system to satisfy your particular requirements to protect against viruses. InboxFitness.com LLC does not assume any responsibility or risk for your use of the Internet, nor does InboxFitness.com LLC assume any responsibility for any products or services or hyperlinks to third parties.

Intellectual Property

InboxFitness.com LLC owns any and all intellectual property rights relating to the Inbox Fitness brand, trade name, trade dress, and other content including: copyright, trademark, service mark, trade name, trade dress, proprietary logo, insignia, business identifier, and/or other Text and Graphics that has or provides the “look and feel” of the Inbox Fitness brand image, as well as all of the Text, Graphics, Programming, photographs, video and audio contained herein (the “Intellectual Property”). Your use of the Website does not grant you any rights or licenses relating to the InboxFitness.com LLC Intellectual Property, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein, except as expressly provided for in these Terms of Use. None of the Intellectual Property may be used, reproduced, published, transmitted, distributed, displayed, performed, exhibited, modified, used to create derivative works, sold, re-sold or used in any sale, or exploited for in any way, in whole or in part, except as provided for herein and unless you obtain our prior written consent. You may not reproduce, modify, display, sell, or distribute the Intellectual Property, or use it in any other way for public or commercial purpose. The foregoing limitations include, but are not limited to, copying or adapting the HTML code used to generate web pages on the Website, as well as any Graphics or Programming. All other product names, names of services, trademarks, service marks and other intellectual property is the property of their respective owners, as indicated, and may only be used as permitted.

Disclaimer of Warranties & Limitations of Liability

Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to access the Website. Your use of the Website, and the obligations and liabilities of us in respect of your use of the Website, is expressly limited as follows:

Third-Party Websites

Notwithstanding the presentation of, or links to, any third party information or website in the Shopping Area or on the Website, no such presentation shall be considered an endorsement, guarantee, representation or warranty, either express or implied, by us on behalf of any third party. We shall have no liability or responsibility whatsoever for the content, subject matter or substance of any information accessed or obtained from third party websites accessed from or via the Shopping Area or Website. Access to third party websites from the Shopping Area or Website is done at your own risk. We do not warranty any products purchased through the Shopping Area or through third parties that advertise on the Shopping Area or are purchased in reliance on information obtained from the Shopping Area. InboxFitness.com LLC makes no representations or warranties regarding any products purchased via the Shopping Area. Any such products are provided “as is”, except to the extent otherwise set forth in a license or sale agreement entered into in writing between you and InboxFitness.com LLC or with respect to warranties that may be provided by the product's manufacturer, if any.

The Website Does Not Provide Medical or Professional Advice

The contents of the Website, including but not limited to the Text, Graphics and other materials are for informational purposes only and cannot substitute for professional medical advice. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your physical or mental health and wellness. If you think you may have a medical emergency, call your doctor or 911 immediately. We do not recommend or endorse any specific products, services treatments, actions, usage of supplements, or other information that may be mentioned on the Website. Any “recommendations” on the Website are generated by computer algorithm, and are solely intended to highlight products that may be of interest to you. Notwithstanding the foregoing, we do not recommend dietary supplements for use by persons under 18 years of age. Reliance on any information provided by or contained on the Website is solely at your own risk. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product packaging prior to use.

DISCLAIMER OF WARRANTIES

THE WEBSITE AND ITS CONTENT IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY WHATSOEVER. WE DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. YOUR USE OF THIS WEBSITE AND RELIANCE ON ANY OF ITS CONTENT IS AT YOUR OWN RISK.

INBOXFITNESS.COM LLC DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AND NOT INBOXFITNESS.COM LLC ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT THAT THERE IS ANY LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR ITS CONTENT. INBOXFITNESS.COM LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATION WHATSOEVER REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT OF THIS WEBSITE RELATED TO ACCURACY, RELIABILITY OR OTHERWISE. THE CONTENT OF THIS WEBSITE MAY INCLUDE ERRORS (INCLUDING, WITHOUT LIMITATION, TECHNICAL OR TYPOGRAPHICAL ERRORS), AND INBOXFITNESS.COM LLC MAY MAKE CHANGES OR IMPROVEMENTS TO THIS WEBSITE AT ANY TIME.

NEITHER INBOXFITNESS.COM LLC NOR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH THE DESIGN OR MAINTENANCE OF THIS WEBSITE SHALL BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY DAMAGE, LOSS, INJURY, OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THIS WEBSITE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL INBOXFITNESS.COM LLC AND ITS SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR SPECIAL DAMAGES, (INCLUDING LOST PROFITS AND DAMAGES OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING, OR DOWNLOADING OF ANY MATERIALS, DATA TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEBSITE) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT INBOXFITNESS.COM LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS PARAGRAPH MAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF INBOXFITNESS.COM LLC TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE GREATER OF THE ACTUAL AMOUNT PAID BY YOU FOR ANY SERVICES OFFERED ON THE WEBSITE OR U.S. $100.00.

Release and Indemnification

You, on behalf of your successors, assigns, heirs, and personal representatives hereby irrevocably and fully release InboxFitness.com LLC, and its subsidiaries, Affiliates and each of their officers, directors, employees, assigns, agents and representatives from and against any and all suits, claims, actions, causes of action, arbitration, liabilities, obligations, damages, losses, penalties or fines known or unknown, arising out of or in connection with (1) your use of this Website or Shopping Area or (2) the use of any information accessed by you from this Website.

You agree to indemnify and hold InboxFitness.com LLC and its subsidiaries, Affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees and costs of suit, made by any third party due to or arising out of (1) your use of this Website or Shopping Area, (2) information that you submit, transmit, or otherwise make available via this Website or Shopping Area, or (3) your breach of this Terms of Use.

You agree to indemnify, defend and hold us harmless from and against any and all liability, claims, causes of actions, damages, costs and expenses, including but not limited to, attorneys’ fees and costs of suit, arising out of your breach of these Terms of Use.

Exclusions

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE SOME OF THE EXCLUSIONS AND/OR LIMITATIONS STATED ABOVE MAY NOT APPLY TO YOU.

General Information

Entire Agreement. These Terms of Use constitute the entire agreement between you and InboxFitness.com LLC governing your use of this Website, superseding any prior agreements between you and InboxFitness.com LLC with respect to this Website. You also may be subject to additional terms and conditions that may apply when you use or purchase certain services of InboxFitness.com LLC.

Waiver and Severability. The failure of InboxFitness.com LLC to enforce any right of the provisions in the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, it shall not affect any other provision of the Terms of Use, and the Terms of Use shall be construed without regard to the invalid, illegal, or unenforceable provision.

Choice of Law. Your use of this Website and any dispute arising out of or in connection with this Website shall be governed by the laws of the State of Delaware without giving effect to any conflict of laws provisions. By accessing this Website, you agree that any action or proceeding arising out of or in connection with this Website shall be brought solely in a court of competent jurisdiction sitting in the State of Delaware. You agree to submit to the personal and exclusive jurisdiction of the courts located in Delaware. You hereby waive any defense of an inconvenient forum to the maintenance of any action or proceeding in other courts and any objection to venue with respect to such proceeding.

Miscellaneous

We do not represent that materials on the Website or Shopping Area are appropriate or available for use in your location. Persons who choose to access the Shopping Area do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Shopping Area or Website must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any provision of the Terms of Use or Privacy Notice is found to be unenforceable for any reason, than such provision shall be deemed severable from the Terms of Use or the Privacy Notice, as the case may be, and shall not affect the validity and enforceability of any remaining provisions.

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