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Terms & Conditions

Effective November 13, 2006

TISFITNESSSYSTEMS IS A PROVIDER OF DIGITAL CONTENT THAT MAY BE USED BY SUBSCRIBERS AS PART OF THEIR EXERCISE PROGRAM. YOU SHOULD CONSULT WITH YOUR DOCTOR BEFORE INITIATING ANY EXERCISE PROGRAM, OTHER STRENUOUS ACTIVITY, OR IF YOU EXPERIENCE PAIN OR DISCOMFORT.

This document (“the Agreement”) is a legal contract between Tisfitnesssystems, Inc. (“Tisfitnesssystems” or “we” or “us”) and the users of the Tisfitnesssystems online content services (i.e., the Tisfitnesssystems subscription services and the Tisfitnesssystems download sales service) available at http://www.Tisfitnesssystems.com (together “the Service”). Reference to “you” or “your” identifies the individual who accesses the Tisfitnesssystems site (“the Site”) and/or uses the Service. The terms below will apply to you if you access the Site or use the Service. If you are unwilling or unable to agree to these terms and conditions, do not attempt to access the Site or the Service. All rights not expressly granted to you in this Agreement are reserved to Tisfitnesssystems and/or its licensors or other third-party rights holders

AMENDMENTS

Tisfitnesssystems may from time to time modify the Agreement by posting a copy of the amended agreement at http://www.tisfitnesssystems.com/terms/. If you do not agree to (or cannot comply with) the Agreement as amended, your only remedy is to stop using the Service or, if applicable, cancel your Service subscription. You will be deemed to have accepted the Agreement as amended if you continue to use the Service after any amendments are posted.

AGE REQUIREMENT

You must be at least 18 years of age to enter into this Agreement on your own behalf and to register for use of the Service. If you are under 18 but at least 13 years of age, you must present this Agreement to your parent or legal guardian, and he or she must check the box below to enter into this Agreement on your behalf.

DESCRIPTION OF THE SERVICE

The Service allows you to watch and or listen to Samples (as defined below) and to obtain downloads of video and sound recordings (“Workouts”) and related digital content (“Materials”). In order to use the Service, you may need additional third-party hardware and/or software. You are responsible for any hardware, systems and/or software program(s) you use and any associated fees and expenses (a) to connect to or use the Internet, and/or (b) to use the Service, other than the Client. The Service (including any Tisfitnesssystems promotional offers or codes redeemable for the Service) is only for your personal, non-commercial use and are non-transferable except as otherwise expressly authorized by Tisfitnesssystems.

In an effort to improve the Service, you agree that Tisfitnesssystems and/or its business partners may collect information regarding your listening habits and music play lists. This allows us to build you a Workout using your music. We will manage all information you provide and/or that we collect about you or your use of the Service according to our Privacy Policy.

REGISTRATION AND SOFTWARE USE

To use the Service, you must register and provide certain information, including a member (user) name, a password and a valid email address (“Registration Data”). You agree to provide accurate Registration Data and to update your Registration Data as necessary to keep it accurate. Tisfitnesssystems will use your Registration Data in accordance with its privacy policy, which you can review at http://www.tisfitnesssystems.com/privacy/.

You agree that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account.

The Service and the Workouts and Materials are owned by Tisfitnesssystems, its business partners, affiliates and/or licensors, as applicable, and are protected by United Sates and international intellectual property laws. You agree that the content rights holders that license their musical or other content to Tisfitnesssystems for use in the Service are intended third-party beneficiaries under this Agreement with the right to enforce the provisions that directly concern their content You shall not reproduce, modify, display, perform, transfer, distribute, or otherwise use the Service except as expressly authorized by Tisfitnesssystems, and you shall not allow or facilitate such unauthorized use by anyone else.

You may not attempt (nor support others’ attempts) to capture, copy, or download a Sample. A “Purchased Workout” is a Workout that you may (1) save to the hard drives of up to three of your personal computers and play back at any time, (2) burn to a CD, and/or (3) transfer to a compatible portable device. You may only burn to a CD each Purchased Workout up to seven (7) times. Once you have burned a Purchased Workout to a CD, you agree not to copy, distribute, or transfer the Workout from that CD to any other media or Device, except as provided herein. You may transfer a Purchased Workout to two portable devices that are compatible with the Usage Rules and security requirements. The burning or transfer capabilities provided for herein shall not operate to waive or limit any rights of the copyright owners in Workouts or Materials or any works embodied in them.

You may use the Client to import certain music files that you have obtained independent of the Service and mix them using the Client. Tisfitnesssystems does not represent or warrant that the Client will successfully import or support any music files not part of the Service. Further, Tisfitnesssystems does not purport to grant you any rights to use such music files.

CHARGES / BILLING

By using the Service, you are expressly agreeing that we are permitted to bill you a monthly subscription fee, any applicable tax and any other charges you may incur in connection with your use of the Service. Additional charges may include gift subscription purchases you make or service level changes you request. When you register for the Service, you must give us a valid credit or debit card as your “Payment Method.” As used in this Agreement, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method, including a checking account, where applicable. The subscription fee will be billed at the beginning of your subscription and on each monthly renewal thereafter unless and until you or we cancel your membership. Click on the “View Membership Terms” link on the “My Account” page to see the commencement date for your next renewal period. We will automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your membership or the nearest proximate day in that month. All fees and charges are nonrefundable, and there are no refunds or credits for partially used periods. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by e-mail. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on the “My Account” button, on the Tisfitnesssystems Home page. If your Payment Method reaches its expiration date, your continued use of the service constitutes your authorization for us to continue billing that Payment Method and you remain responsible for any uncollected amounts.

Tisfitnesssystems may, in its discretion, post charges to your Payment Method individually, or we may aggregate your charges with other purchases you make on the Service. You are responsible for keeping your account secure and confidential and you will be responsible for any charges that are incurred by any person through your account. All charges will be billed to the billing payment method you designate when you first make a purchase or incur a charge. If any of your billing information changes, you must update that information in the “Member Information” section of the “My Account” area.

You can find the specific details regarding your subscription with Tisfitnesssystems at anytime by clicking on the “My Account” link, located at the top of the Tisfitnesssystems home page.

FREE TRIAL

We encourage the use of the Service through free trials. To view the specific details regarding your free trial, log in to My Account on the Tisfitnesssystems Home page and click “View Subscription Terms.”

Free trials are only available to first-time customers of the Service and cannot be combined with any other offer. Only one free trial may be redeemed per eligible person. You must have Internet access and enter your Payment Method to redeem a free trial offer. Upon registering for your free trial, your Payment Method will be authorized for approximately one week of service. In some instances, your available balance or credit limit may reflect the authorization; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period.

We will begin billing your Payment Method for monthly subscription fees corresponding to your subscription plan plus any applicable tax at the end of your free trial period unless you cancel prior to the end of your free trial. To view the specific details of your Subscription Plan, including price and end date of your free trial period, click the “View Subscription Terms” link on the “My Account” page. You will not receive a notice from us that your free trial has ended or that your paid subscription has begun. YOU MUST CANCEL PRIOR TO THE END OF YOUR FREE TRIAL OFFER TO AVOID CHARGES TO YOUR PAYMENT METHOD. CLICK THE “MY ACCOUNT” LINK AT THE TOP OF THE TISFITNESSSYSTEMS HOME PAGE FOR CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your Subscription Plan until you cancel. You may cancel your subscription at any time. We may also offer plans in conjunction with third parties (e.g., gym memberships), with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered subscription plans. Unless otherwise stated differently, month or monthly refers to your billing cycle (See “Billing” below).

TERMINATION

You may cancel your subscription at anytime, which will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS OR UNUSED WORKOUTS. To cancel, follow the instructions for cancellation under the heading “Cancel Membership” in “My Account.”

We reserve the right to terminate your account for any or no reason.

Tisfitnesssystems may in its sole discretion terminate this Agreement or suspend your account at any time without notice to you in the event that you breach (or Tisfitnesssystems reasonably suspects that you have breached) any provision of this Agreement or for no reason at all. If Tisfitnesssystems terminates this Agreement or suspends your account due to a suspected breach by you, it shall have no liability or responsibility to you, and Tisfitnesssystems will not refund any amounts that you have previously paid. You understand and agree that your cancellation of your account and Service membership is your sole right and remedy with respect to any dispute with Tisfitnesssystems.

COPYRIGHT INFORMATION

The Service contains and/or comprises copyrighted or other proprietary subject matter, and your use of it is governed by this Agreement, certain end-user license agreements, and applicable law. You may not alter, merge, modify, adapt or translate the Service, or decompile, reverse engineer, disassemble, or otherwise reduce the Service to a human-perceivable form. You may not sell, rent, lease, or sublicense the Service. You may not modify the Service or create derivative works based upon the Service. You may not export the Service into any country prohibited by the United States Export Administration Act and the regulations hereunder.

Tisfitnesssystems respects the intellectual property rights of others, and it expects you to do the same. If you know of or suspect that any use of the Service constitutes copyright infringement, please send a notice to Tisfitnesssystems Customer Care by visiting http://www.Tisfitnesssystems.com and clicking on support, or by sending a fax to 303-953-1837. The notice must contain all of the information set forth in Section 512(c)(3)(A) of the U.S. Copyright Act, 17 U.S.C. 101 et seq.

Tisfitnesssystems actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
The illegal copying of videos and Tisfitnesssystems Workouts is a crime! In the United States and many other countries, copyright law provides for severe civil and criminal penalties for the unauthorized reproduction or distribution of copyrighted material. Copyrighted material includes, but is not limited to, computer programs and accompanying sounds, images and text.

If Tisfitnesssystems receives a notice alleging that you have engaged in behavior that infringes the intellectual property rights of Tisfitnesssystems or a third party, Tisfitnesssystems may suspend or terminate your account without notice to you. If Tisfitnesssystems suspends or terminates your account under this paragraph, it shall have no liability or responsibility to you, including for any amounts that you have previously paid.

Please join Tisfitnesssystems in its piracy prevention efforts. You can report incidents of piracy by contacting us at info@tisfitnesssystems.com. Don’t steal music for your Tisfitnesssystems workouts. Don’t steal Tisfitnesssystems workouts.

PROMOTIONS AND ADVERTISING

You agree that Tisfitnesssystems and/or its business partners reserve the right to run advertisements in the Client without payment to you. The timing, frequency, placement and extent of advertising by us within the pages comprising tisfitnesssystems.com or Tisfitnesssystems and/or its business partners is subject to change and shall be determined by us at our sole discretion. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Tisfitnesssystems.com or Tisfitnesssystems and/or its business partners including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.

LINKS TO THIRD-PARTY SITES

The Service may present links to third-party websites not owned or operated by Tisfitnesssystems. Tisfitnesssystems is not responsible for the availability of these sites or their content. You agree that Tisfitnesssystems is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content of any such site or goods or services available through any such site.

REMEDIES

You agree that any unauthorized use of the Service or any related software or materials would result in irreparable injury to Tisfitnesssystems and/or its affiliates or licensors for which money damages would be inadequate, and in such event Tisfitnesssystems, its affiliates and/or licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this Agreement shall be construed to limit remedies available pursuant to statutory or other claims that Tisfitnesssystems, its affiliates and/or licensors may have under separate legal authority.

INDEMNITY

You agree to indemnify and hold harmless Tisfitnesssystems and its agents, employees, representatives, licensors, affiliates, parents and subsidiaries from and against any and all claims, losses, demands, causes of action and judgments (including attorneys’ fees and court costs) arising from or concerning your breach of this Agreement and your use of the Service or your actual or alleged violation of law or any third-party rights, including, but not limited to, intellectual property rights.

DISCLAIMERS

THE SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. NEITHER TISFITNESSSYSTEMS, NOR ITS AFFILIATES, SUBSIDIARIES, OR DESIGNEES, NOR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE (COLLECTIVELY, “TISFITNESSSYSTEMS ENTITIES”) WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THE TISFITNESSSYSTEMS ENTITIES DO NOT WARRANT THE ACCURACY, INTEGRITY, OR COMPLETENESS OF THE CONTENT PROVIDED ON THE SITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THE SITE. FURTHER, WE MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. WE SPECIFICALLY DISCLAIMS WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY TISFITNESSSYSTEMS ENTITY SHALL CREATE A WARRANTY. YOU EXPRESSLY AGREE THAT THE USE OF THE SITE IS AT YOUR SOLE RISK.

UNDER NO CIRCUMSTANCES SHALL ANY TISFITNESSSYSTEMS ENTITY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED AT THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO TISFITNESSSYSTEMS RECORDS, PROGRAMS OR SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF TISFITNESSSYSTEMS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. OTHER THAN WHERE SO RESTRICTED, IN NO EVENT SHALL SUCH DAMAGES OR LIABILITY EXCEED THE AMOUNTS PAID BY YOU TO TISFITNESSSYSTEMS FOR THE SERVICE.

LAW AND LEGAL NOTICES

This Agreement and any other terms or documents referred to herein represent your entire agreement with Tisfitnesssystems with respect to your use of the Service. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The laws of the State of Colorado govern this Agreement and your use of the Service, excluding any conflict of laws provisions. You expressly agree that the courts in the State of Colorado, Denver County, have exclusive jurisdiction and venue over any claim or dispute with Tisfitnesssystems.

CONTACT TISFITNESSSYSTEMS

You may contact Tisfitnesssystems if you have any questions regarding this Agreement, the Service, billing, or your account.
Tisfitnesssystems, LLC.
6100 W. Mansfield Ave. #31
Denver, Colorado 80235

TISFITNESSSYSTEMS TRADEMARK USAGE GUIDE

Definition of Tisfitnesssystems Service

Tisfitnesssystems is the provider of the Tisfitnesssystems Service (“the Service”) that permits you to download digital content – such as sound recordings and videos – under certain terms and conditions as set forth in this Agreement and the Tisfitnesssystems Terms and Conditions..

Guidelines for trademarks and copyrights

These guidelines are for Tisfitnesssystems licensees, authorized resellers, trainers, customers, and other parties wishing to use Tisfitnesssystems’s trademarks, service marks or images in promotional, advertising, instructional, or reference materials, or on their web sites, products, labels, or packaging. Use of the Tisfitnesssystems Logo for commercial purposes without the prior written consent of Tisfitnesssystems constitutes trademark infringement and unfair competition in violation of federal and state laws. Use of Tisfitnesssystems trademarks is prohibited unless expressly authorized by Tisfitnesssystems. Unless set forth in a separate agreement, all Licensees, Authorized Resellers, Strategic Partners, or Trainers must comply with the following trademark usage guidelines. Tisfitnesssystems may modify these guidelines from time to time, and such changes shall be effective upon posting of the guidelines for your review.

The Tisfitnesssystems trademarks, service marks, trade names, and trade dress (collectively, ?the Marks?) are valuable assets of Tisfitnesssystems. By using the Marks, in whole or in part, you acknowledge that Tisfitnesssystems is the sole owner of the Marks, and you promise that you will not interfere with the Tisfitnesssystems rights in the Marks, including challenging the Tisfitnesssystems use or registration of the Marks, alone or in combination with other words, anywhere in the world, and that you will not harm, misuse, or bring into disrepute the Marks. The goodwill derived from using any part of the Marks exclusively inures to the benefit of and belongs to Tisfitnesssystems. Except for the limited right to use as expressly permitted under these Guidelines, no other rights of any kind are granted hereunder, by implication or otherwise. If you have any questions regarding these guidelines, please talk to your Tisfitnesssystems representative.

Authorized Use of Tisfitnesssystems Trademarks

Advertising, Promotional, and Sales Materials: Only Tisfitnesssystems and its authorized Resellers and other Licensees may use the Marks in advertising, promotional, sales materials, or other commercial uses. Tisfitnesssystems Authorized Resellers and Strategic Partners may use the Tisfitnesssystems Logo only as specified in their Reseller or Strategic Partnership Agreement and such use must always be in conjunction with the appropriate terms that define the relationship authorized by their contract with Tisfitnesssystems. For example:

– Authorized Reseller
– Authorized Wholesaler
– Tisfitnesssystems Featured Trainer
– Tisfitnesssystems Premier Trainer

Publications: You may use the Marks in connection with book titles, magazines, periodicals, seminars, or conferences provided you comply with the following requirements:
a. The use is referential and less prominent than the rest of the title. Acceptable: FITNESS CONFERENCE for Tisfitnesssystems Users
b. The use reflects favorably on both Tisfitnesssystems and Tisfitnesssystems products or technology.
c. Your name and logo appear more prominent than the Tisfitnesssystems word mark on all printed materials related to the publication, seminar or conference.
d. The Tisfitnesssystems logo or any other Tisfitnesssystems-owned graphic symbol, logo, icon or image does not appear on or in the publication or on any materials related to the publication, seminar, or conference without express written permission from Tisfitnesssystems.
e. A disclaimer of sponsorship, affiliation, or endorsement by Tisfitnesssystems, similar to the following, is included on the publication and on all related printed materials: “(Title) is an independent (publication) and has not been authorized, sponsored, or otherwise approved by Tisfitnesssystems, Inc.”
f. A trademark attribution notice is included in the credit section giving notice of Tisfitnesssystems’s ownership of its Marks. Please refer to the section below titled “Proper Trademark Notice and Attribution.”
Web Sites: Web sites that serve only as noncommercial electronic informational forums may use the Marks, provided such use complies with the guidelines set forth in Section 3 above.

Unauthorized Use of Tisfitnesssystems Trademarks

Company, Product, or Service Name: You may not use or register, in whole or in part, any other Tisfitnesssystems trademark, including Tisfitnesssystems-owned graphic symbols, logos, icons, or an alteration thereof, as or as part of a company name, trade name, product name, or service name except as specifically noted in these guidelines.

Tisfitnesssystems Logo and Tisfitnesssystems-owned Graphic Symbols: You may not use the Tisfitnesssystems Logo or any other Tisfitnesssystems-owned graphic symbol, logo, or icon on or in connection with web sites, products, packaging, manuals, promotional/advertising materials, or for any other purpose except pursuant to an express written trademark license from Tisfitnesssystems, such as a Trainer Agreement.

Disparaging Manner: You may not use the Marks or any other Tisfitnesssystems-owned graphic symbol, logo, or icon in a disparaging manner, as determined by Tisfitnesssystems in its sole discretion.

Endorsement or Sponsorship: You may not use the Marks, including Tisfitnesssystems-owned graphic symbols/logos, or icons, in a manner that would imply Tisfitnesssystems’ affiliation with or endorsement, sponsorship, or support of a third-party product or service, without express authorization.

Merchandise Items: You may not manufacture, sell or give-away merchandise items, such as T-shirts and mugs, bearing the Marks, including symbols, logos, or icons, except pursuant to an express written trademark license from Tisfitnesssystems.

Tisfitnesssystems’s Trade Dress: You may not imitate the distinctive Tisfitnesssystems packaging, web site design, logos, or typefaces.

Slogans and Taglines: You may not use or imitate a Tisfitnesssystems slogan or tagline. Domain Names: You may not use the Marks in a domain name.

Copyright information

You represent that you are the owner of the material you use with Tisfitnesssystems, including all music you select to use in your Workouts. Tisfitnesssystems is not liable for any action taken against you for illegal use of copyrighted work while using the Tisfitnesssystems service.

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