Membership Terms of Service

CLIENT SERVICE AGREEMENT
This Service Agreement is entered into and effective as of the date of purchase by and between the purchase (“Client”), having an address of (see billing address) and 39 Minute Workout and Wellness, LLC (“39 Minute Workout”), having an address of 8001 Hillsborough Rd, Suite 1, Ellicott City, MD 21043

In consideration of Client retaining 39 Minute Workout to perform fitness and wellness services as outlined below, it is agreed as follows:
1. SCOPE OF SERVICES
Client hereby retains 39 Minute Workout to provide fitness and wellness services by purchasing: Elite39 or Club39
(a) TheT-39
includes the following services (the “Services”):
(i) access to library of videos
(ii) New workouts and skill each month
(iii) access to the online community, blogs, and Facebook groups
(iv) access to online workshops and webinars
(v) No charge in challenges
(b) Additional services, beyond those described above, will require additional fees to be discussed and agreed upon by the parties.

2. CLIENT DUTIES
(a) Fees and Payment: In consideration for the Services provided by 39 Minute Workout to Client, Client agrees to pay 39 Minute Workout $20 per month (“Services Fee”), which shall be due and payable in advance of the Services on the date selected at the start of the contract. 39 Minute Workout reserves the right to withhold Services until all outstanding fees and assessed penalties, if any, are paid in full. The Fees stated herein shall be fixed for the term of this Agreement with a 30 Day Cancellation Notice provided in writing by the client to cancel membership.
However, 39 Minute Workout reserves the right to increase its Fees at anytime and all such increased fees shall apply to any and all renewals of this Agreement. (b) Client shall provide its credit card number and other necessary information upon signing this Agreement. Client’s credit card will automatically be charged prior to the commencement of Services, and Client hereby authorizes 39 Minute Workout to charge Client’s credit
card for the Services Fee. The Services Fee is non-refundable except as provided in Section _____below (“Term and Termination”). If 39 Minute Workout is for any reason unable to effect automatic payment via Client’s credit card, 39 Minute Workout will attempt to notify Client via email and the Services will be discontinued until payment is received. Client is responsible for notifying 39 Minute Workout of any changes to Client’s credit card information and to update Client’s information if Client ‘s credit card has expired.  All Fees are exclusive of all excise, sales, use, transfer and other taxes and duties imposed with respect to the Services by any federal, state, municipal or other governmental authority, all of which taxes Client is required to pay except for taxes based on 39 Minute Workout’s net income.
Client is responsible and liable for any costs and expenses, including attorney and collection fees, that 39 Minute Workout may incur in its efforts to collect any remaining balances due from Client. This paragraph will in no way limit any other remedies available to 39 Minute Workout. Client is required to notify 39 Minute Workout of any billing problems or discrepancies within sixty (60) days after they first appear on Client’s credit card account statement by sending a written notice to david@39minuteworkout.com.  If Client does not so notify 39 Minute Workout within the time allowed, Client waives any right to dispute such problems or discrepancies.
(c) Client agrees to abide by the rules and policies of 39 Minute Workout and to follow all instructions of Client’s trainer related to the Services. Client specifically agrees to comply with all safety and kettlebell form requests during classes and training sessions and acknowledges that 100% compliance with said instructions maximizes Client’
s safety and results.(d) Use of Client’s Image on Printed Materials
: Client hereby specifically agrees that 39 Minute Workout has permission to use Client’s image in its print and marketing materials, including website, for promotional purposes.

3. TERM, TERMINATION AND RENEWAL.
(a) The term of this Agreement shall be 6 months beginning the date of purchase (“Term”). Thereafter, this Agreement shall automatically
renew on the same terms herein subject to the then applicable fees for Client’s Services. Client’s time slot shall be reserved only by making payment on the renewal prior to the expiration date of this Agreement, but not earlier than 60 days or less before this Agreement expires.
(b)Termination without Cause:
Client may terminate this Agreement within 30 days of 11:59pm of the date of this Agreement. Refunds
of any kind will not be issued. Thereafter, Client may terminate this Agreement at any time and for any reason only after the initial contract terms has been met, by notifying 39 Minute Workout at the Cancellation Address set forth below, but any such termination and cancellation
will be effective only after 39 Minute Workout has processed the request and Client will forfeit the Fees paid for any unused portion of
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Client Services, as such Fees are non-refundable. Client also acknowledges and agrees that the cancellation of Client’s account is Client’s
sole right and remedy with respect to any dispute with 39 Minute Workout.
(c )
Termination upon Death or Disability:
Client (or Client’s representative) may terminate this Agreement if Client dies or becomes
physically disabled, as defined below, and thus is unable to avail himself or herself of a substantial portion of the Services. Client or
Client’s estate seeking relief under this paragraph shall provide proof of disability or death as set forth below. A physical disability
sufficient to warrant cancellation of the Agreement by Client shall be established if Client furnishes to 39 Minute Workout at the
Cancellation Address below a certification of such disability by a physician to the extent the diagnosis or treatment of the disability is
within the physician’s scope of practice. A refund shall be issued within 30 days after receipt of the notice of cancellation and proof of death
or disability as set forth in this paragraph (“Effective Date of Cancellation”). The refund shall be an amount computed by dividing the
Services Fee by the number of weeks in the Agreement Term and multiplying the result by the number
of weeks remaining in the
Agreement Term from the Effective Date of Cancellation.
(d)
Termination due to Seller’s Events:
If 39 Minute Workout goes out of business, or moves its facilities more than 5 driving miles from
the business location designated in this Agreement and fails to provide, within 30 days, a facility of equal quality located within 5 driving
miles of the business location designated in such Agreement at no additional cost to Client, Client may cancel this Agreement by providing
written notice to the Cancellation Address below and receive a complete refund of all dues pre-paid for future services. Such refund shall
be paid within 30 days after receipt of the notice of cancellation. Such notice of cancellation from Client shall also terminate automatically
Client’s obligation to any entity to whom 39 Minute Workout has assigned this Agreement. The business location of 39 Minute Workout
shall not be deemed out of business when Temporarily closed for repair and renovation of the premises: Temporarily shall be defined as: 1)
upon sale, for not more than 14 consecutive days; or 2) during ownership, for not more than 7 consecutive days and not more than two
periods of 7 consecutive days in any calendar year.
Client should contact the MD state department within 60 days should 39 Minute
Workout go out of business.
Cancellation Address:
Any notice of intent to cancel or termination by Client under any provision of this Agreement must be
delivered in person or by mail to 39 Minute Workout, 8001 Hillsborough Rd Suite J Ellicott City, MD 21043. We assume no
responsibility for mail not received if not sent by certified mail
(e)
39 Minute Workout’s Right to Terminate or Suspend Services:
39 Minute Workout reserves the right to suspend or terminate
Services at any time, with or without notice to Client, with or without cause, and without liability to Client. 39 Minute Workout shall have
no liability to Client or any third party because of such suspension or termination or related action for any reason except as follows: (a) If
39 Minute Workout elects do so with cause based on Client’
s violation of this Agreement or any policies or rules of 39 Minute Workout,
then no refund of any unused portion of the Services Fees is owing, and (b) if 39 Minute Workout elects to do so without cause, then 39
Minute Workout will refund any unused portion of the Services Fees.
(f) The following sections shall survive any termination of this Agreement: Section 4 (Confidentiality), Section 5 (“Health and Medical
Concerns”), Section 6 (Disclaimer of Warranties”), Section 7 (“Limitation of Liability”), the general provisions of Sections 8-13.
4. CONFIDENTIALITY
(a)
Confidential Information:
Any and all information and data of a confidential nature related to the business or exercise and wellness
programs of 39 Minute Workout, including but not limited to any and all design, creative, marketing, sales, operating, performance, know
how, business and process information (hereinafter referred to as “Confidential Information”), shall be treated by Client in the strictest
confidence and not disclosed to third parties or used by Client for any purpose other than for the services specified hereunder without 39
Minute Workout’s express written consent. Confidential Information shall not include any information which (a) becomes available to the
public through no breach of confidentiality by Client, (b) was in Client’s possession prior to receipt from the disclosure, (c) is received by
39 Minute Workout independently from a third party free to disclose such information, or (d) is independently developed by Client without
use of the 39 Minute Workout’
s Confidential Information. Upon request, Client hereto will promptly return or destroy all documents
containing Confidential Information and delete all electronic records of or containing the same.
(b)
Non-Disparagement:
Client shall, during and after the participation in and use of the 39 Minute Workout’s services, refrain from
making any statements or comments of a defamatory or disparaging nature to any third party regarding 39 Minute Workout, or any of 39
Minute Workout’
s officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law.
(c )
Reservation of Rights:
39 Minute Workout and its exercise and wellness protocols are protected by copyright, trademark, patent, trade
secret and other laws. 39 Minute Workout and its third-party licensors owns and retains their respective rights, title and interest in and to
their respective content.
(5)
HEALTH AND MEDICAL CONCERNS.
(a) The Services include information, instruction, products and equipment relating to exercise, fitness, and wellness. Client acknowledges
and agrees that the following warnings and disclaimers shall apply to all such information, instruction, products and equipment.
(b) Before participating in any exercise program or using any fitness products or services that may be described and/or made accessible in
or through the Services, we strongly recommend that Client consult with a physician or other healthcare provider. 39 Minute Workout, and
its staff are not licensed medical care providers, are not rendering personal medical advice or treatment, and have no expertise in advising
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on, diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical
condition.
(c) The Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Client acknowledges and
agrees that when participating in any exercise or exercise program, and/or when using any fitness products or services, there is the
possibility of physical injury and/or death, and Client assumes the risk and responsibility for any such results.
(d) Client should never disregard medical advice or delay seeking it because of a statement Client has received regarding the Services. The
Services should not be used in lieu of advice given by qualified medical professionals such as Client’s doctor or registered dietitian. It is
important that the Services are used only in conjunction with qualified medical guidance. If Client knows or suspects that Client may be
pregnant, have an eating disorder, have diabetes, or have any other physical or medical condition, it is imperative that Client seeks the
advice of Client’s doctor prior to using the Services. Client must always consult Client’s doctor before beginning an exercise or dietary
program. Client shall keep the following checklist in mind when developing Client’s program in conjunction with Client’s health care
provider, but also bear in mind that the checklist is not exhaustive and does not take the place of a consultation with Client’
s healthcare
provider.

After exercise does Client frequently experience chest pains?

Does Client get dizzy when Client exercise?

Is Client breathless after exercising?

Does Client take medication for high blood pressure?

Does Client have joint problems?

Does Client have a medical condition, which might need special attention when exercising, for example diabetes?

Has Client been physically active in the past?

Does Client have a heart condition that requires supervised physical activity?
If Client experiences any discomfort or pain during an exercise routine, Client must immediately cease the activity and seek the assistance
of a physician.
(6)
DISCLAIMER OF WARRANTIES:
Client acknowledges and agrees that the Services are offered without warranties of any kind whatsoever by 39 Minute Workout. The
disclaimer of warranties includes, but is not limited to, the following.
(a)
Client use of the Services is at Client’s sole risk. The Services are provided on an “as is” and “as available” basis. 39 Minute Workout
and its affiliates, successors and assigns, and their respective shareholders, officers, directors, members, employees, agents, partners,
licensors, vendors and contractors (collectively, the “
39 Minute Workout-Related Parties
”) expressly disclaim all warranties of any
kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular
purpose and non-infringement, with respect to the Service.
(b)
The 39 Minute Workout-Related Parties are not responsible or liable for any loss, damage, injury or health problems that may result
from Client’s use of the Services, including but not limited to training programs, recipes, products, services, events and/or information
that Client may learn about from the Services, and/or any action or inaction on Client’s part as a result of information Client has
obtained from the Services. By way of example only, if Client engages in any exercise or diet program that Client receive or learn
about through the Services, and/or if Client uses any product or service that Client receives or learns about through the Services, Client
agree that Client does so voluntarily, after consulting an appropriate health professional of Client’s choice, and at Client’s own risk,
and Client hereby releases and discharges the 39 Minute Workout-Related Parties from any and all claims or causes of action, known
or unknown, arising out of the foregoing.
(c)
Client Satisfaction:
The 39 Minute Workout-Related Parties make no warranty that the Services will meet Client’s expectations or
requirements, or that Client will achieve any particular results from the use of any of the foregoing
as such outcomes are based on
subjective factors that cannot be controlled by 39 Minute Workout. Any comments about the outcome are expressions of opinion only. 39
Minute Workout makes no guarantees other than that the Services shall be provided to Client in accordance with the terms of this
Agreement. Notwithstanding the foregoing, in the event that Client follows the guidelines of the Services as provided by 39 Minute
Workout, which includes but is not limited to: attendance at a minimum of 90% of the classes, compliance with Program instructions and
remains positive and coachable, 39 Minute Workout agrees to refund Client 100% of the Fee paid if Client does not feel firmer, stronger
and more youthful by the end of the Term.
(7)
LIMITATION OF LIABILITY
. To the fullest extent permitted by applicable laws, the 39 Minute Workout-Related Parties will in no
event be liable to Client or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost
profit damages arising from or in connection with any use of the Services, even if any of the 39 Minute Workout-Related Parties have been
advised of the possibility of such losses or damages. Notwithstanding anything to the contrary contained herein, the aggregate liability of
the 39 Minute Workout-Related Parties to Client for any cause whatsoever and regardless of the form of the action, will at all times be
limited to the amount paid, if any, by Client to 39 Minute Workout for the Services.
(8)
SEVERABILITY
. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for
incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to
Client. In any such case, and/or if any terms or conditions of this Agreement are held to be invalid for any reason whatsoever, this
Agreement shall remain in full force and effect on its remaining terms and conditions of this Agreement unless and until terminated by 39
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Minute Workout. Furthermore, if any term or condition of this Agreement is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the intentions of the parties as reflected in the invalidated
provision.
(9)
MODIFICATION AND DISCONTINUATION.
39 Minute Workout reserves the right at any time to modify, edit, delete, suspend or
discontinue, temporarily or permanently the Services, or any portion thereof, with or without notice. Client agree that 39 Minute Workout
will not be liable to Client or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Services,
other than to refund the Client for the portion of the Agreement not then performed.
(10)
ENTIRE AGREEMENT.
This Agreement, together with any other rules or policies referenced herein, constitutes the entire
agreement between Client and 39 Minute Workout and governs Client’
s use of the Service, superseding any prior agreements between
Client and 39 Minute Workout with respect to the Services.
(11)
CHOICE OF LAW AND FORUM.
This Agreement and the relationship between Client and 39 Minute Workout shall be governed
by the laws of the State of Maryland without regard to its conflict of law provisions. Client and 39 Minute Workout agree to submit to the
personal and exclusive jurisdiction of the courts located within the county of
Howard,
Maryland.
(12)
NO WAIVER
. The failure of 39 Minute Workout to exercise or enforce any right and/or remedy under this Agreement shall not
constitute a waiver of such right and/or remedy.
(13)
STATUTE OF LIMITATIONS.
Client acknowledge and 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 Services or this Agreement must be filed within one (1) year after such claim or cause
of action arose or be forever barred.
(14)
RELATIONSHIP OF THE PARTIES
. Client and 39 Minute Workout acknowledge and agree that they are independently
contracting parties dealing at arm’
s length with each other in connection with the licensing of intellectual property rights and the provision
of services. No partnership, joint venture, joint authorship, employment, fiduciary, agency or other relationship is created between them.
(15)
BINDING ON SUCCESSORS
. For avoidance of doubt, Client acknowledge and agree that 39 Minute Workout is fully authorized to
assign, sublicense and/or otherwise convey and transfer this Agreement and/or any of its rights under this Agreement at any time, in its sole
and absolute discretion, and without compensation of any kind to Client.
(16)
NOTICES AND QUESTIONS.
Except with respect to Notices of Cancellation,
if Client has any questions regarding this Agreement,
please contact 39 Minute Workout by email at abby@39minuteworkout.com, or by mail at 39 Minute Workout, 8001 Hillsborough Rd,
Suite 1, Ellicott City, MD 21043. Notices to Client may be given at the address provided to us at the time of signing this Agreement.
IN WITNESS WHEREOF, the parties to this Agreement have duly executed it on the day and year first above written.
Client represents that Client is over the age of 18 and Client is of legal age to form a legally binding contract.
By agreeing the the TERMS and CONDITIONS, you are agreeing to this contract.

COVENANT NOT TO SUE AND AGREEMENT TO HOLD HARMLESS

In consideration for being accepted, for myself or my dependent listed below, to
participate in the physical activities (“ACTIVITY”), which includes but is not limited to
pilates, kettlebell, exercise and other actIvities requiring physical exertion offered by The
39 Minute Workout & Wellness, I agree to the following terms and conditions.

I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE, AND
AGREE TO HOLD HARMLESS for any and all purposes 39 Minute Workout &
Wellness, ITS, servants, agents, volunteers, or employees (herein referred to as
RELEASEES) FROM ANY AND ALL LIABILITIES, CLAIMS, DEMANDS, OR INJURY,
INCLUDING DEATH, that may be sustained by me while participating in such activity, or
while on the premises owned or leased by RELEASEES, including injuries sustained
as a result of the negligence of RELEASEES.
1. I acknowledge there may be physically strenuous activities. General risks are listed in
item number two below. I know of no medical reason why I should not participate. I am
aware of my physical stamina and physical limitations. I am fully capable in
participating.
2. I am fully aware that there are inherent risks involved with ACTIVITY, including but
not limited to injury or death while traveling to and from the activity sites; blisters;
sprains, strains, dislocations, torn muscles and/or ligaments; fractured or broken bones;
eye damage; cuts, wounds, scrapes, abrasions and/or contusions; dehydration; heat
and/or cold related emergencies; and/or oxygen shortage; conditions; medical illnesses;
head,neck, and/or spinal injuries; allergic reaction, shock, paralysis or death; and
serious injury or impairment to other aspects of my body and general health and well
being and I choose to voluntarily participate in said activity with full knowledge that said
activity may be hazardous to me and my property.
I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS,
PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, that may be
sustained by me as a result of participating in said activity including injuries sustained
as a result of the negligence of RELEASEES. I further agree to indemnify and hold
harmless the RELEASEES for any loss, liability, damage or costs, including court costs
and attorney’s fees that may occur as a result of my participation in said activity.

3. I understand that RELEASEES do not maintain any insurance policy covering any
circumstance arising from my participation in this activity or any event related to that
participation. As such, I am aware that I should review my personal insurance coverage.
4. I give permission for the seeking of emergency medical, rescue or evacuation
services for me should I
become injured or ill with the understanding that I am responsible for any expenses
incurred. I fully understand that 39 Minute Workout & Wellness DOES NOT provide any

medical insurance coverage for me while participating in this activity. I also realize that I
may be attended to by bystanders until medical care is available.
5. It is my express intent that this Covenant Not to Sue and Agreement to Hold
Harmless shall bind the members of my family and spouse, if I am alive, and my heirs,
assigns and personal representatives, if I am deceased, and shall be governed by the
laws of the State of Maryland..

6. In signing this Covenant Not to Sue and Agreement to Hold Harmless, I acknowledge
and represent that I have read the foregoing Covenant Not to Sue and Agreement to
Hold Harmless, understand it and sign it voluntarily as my own free act and deed; no
oral representations, statements, or inducements apart
from the foregoing agreement that has been reduced to writing have been made. I
execute this document for full, adequate and complete consideration fully intending to
be bound by the same, now and in the future.

Signature___________________________________________Date______________

Print your Name _______________________________________________________

If participant is under 18 years old:
Signature of Parent or Legal Guardian______________________________________
Printed Parent or Guardian Name __________________________________________

Please read carefully and initial showing your acceptance of the policies and
procedures:
_____ I have read the guidelines and policies and understand and agree with them.
_____ I understand that I am responsible for my physical activity and I will not hold The
39 Minute Workout, its officers, servants, employees, staff or volunteers liable for
the participation in the physical activities.

TERMS OF USE AND PRIVACY POLICY

(Including Privacy Policy for Children’s Online Privacy Protection and “Your Privacy Rights” for California Residents)

Effective and last revised on _________

Welcome to the 39 Minute Workout Website (“Website”), which is owned and operated by 39 Minute Workout and Wellness, ____., a Maryland ________________ (“39 Minute Workout”).

The Website may include some or all of the following: (a) a platform for the purchase and use of digital content, which allows end-users to purchase a subscription and stream pre-recorded audio and video content over the Internet for personal use, (b) an e-commerce site, which allows users to purchase products from the 39 Minute Workout online store, and (c) other online content (including content provided by 39 Minute Workout, Website users and third parties), resources, tools, products, services, communications and social networking features may be accessed and used. All of the foregoing are collectively referred to as the “Services.”

PLEASE READ VERY CAREFULLY ALL OF THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THE WEBSITE. BY ACCESSING AND/OR USING THE WEBSITE, YOU ARE AGREEING TO BE BOUND BY ALL OF THE FOLLOWING TERMS OF USE AND PRIVACY POLICY.

Parties. The following Terms of Use and Privacy Policy, as well as any other guidelines, rules or operating policies that 39 Minute Workout may establish and post at the Website from time to time, all of which are hereby incorporated by reference. All of the foregoing, which are collectively referred to as the “Agreement,” set forth the terms and conditions of a legally binding contract between each visitor to and/or user of the Website (together with any business, entity or organization each such visitor and/or user may be representing) (referred to as “you” or “your”) and 39 Minute Workout, Inc. (“39 Minute Workout,” “we,” “our” and “us”).

2. Acceptance of Terms and Agreement to Be Bound. The Services are offered to you on the condition that you accept and agree to be bound by the Agreement in its entirety without modification of any kind. By accessing and/or using any of our Website, you agree to be bound by the Agreement, whether you are a “Visitor” (which means that you simply browse one or more of our Website) or you are a “Registered User” (which means that you have registered to use the Website and have subscribed to use one or more of the Services). If you do not accept the terms of this Agreement, you are not permitted to use the Website and/or subscribe to the Services, and you are obliged to exit all of the Website and discontinue any and all use of the Website and the Services immediately.

3. Modifications. We may modify this Agreement from time to time, and, to the greatest extent permitted by law, such modifications shall be effective upon posting at any of our Website. By accessing and/or using any of our Website after any such modification is posted, you are agreeing to be bound by such modifications. You also acknowledge and agree that it is your responsibility to monitor the Website for the posting of modifications and to review such modifications on a regular basis. If you do not agree to be bound by any future modifications of this Agreement, your exclusive remedy is to cancel your account and discontinue your use of the Website and the Services. Except as otherwise expressly provided herein, any new features, tools, products and/or services that change, augment, enhance or upgrade the current Website and/or the Services will be subject to this Agreement.

4. General Registration Requirements. Visitors are currently permitted to view only limited portions of the Website prior to deciding whether to become a Registered User. Full access to the Website and the Services is available only to Registered Users and, if a subscription is required, then only to Registered Users who are also paid subscribers. If you wish to become a Registered User, you must register on our Website, you must complete the registration procedures displayed on the registration page(s) of the Website and, where applicable, pay the required subscription fee. Some aspects of the Website and the Services are available to all Registered Users, and some are available only to Registered Users who have paid the required subscription fee and/or other charges, all of which are posted at the Website.

5. Age Requirements for Access and Use of the Website. By accessing and using the Website, you acknowledge and agree that you are representing to us that you are over the age of 18 and you are of legal age to form a legally binding contract, and you are not a person barred from purchasing or receiving products and services, under the laws of the United States or other applicable jurisdiction. Registration, subscription, access to and use of the Website and the Services are not available to users under the age of 18 and are void where prohibited by applicable law.

6. Requirements for Becoming a Registered User. By completing the registration procedures displayed on the registration page(s) of the Website, you acknowledge and agree that (a) you are representing to us that you are providing true, accurate, current and complete information about yourself as prompted by the registration form available on our Website (the “Registration Data”), and (b) you are obliged to maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future access to and/or use of the Website and the Services (or any portion thereof).

7. Children. Due to the nature of the Internet, we cannot prohibit minors from visiting our Website. However, our Website is not directed toward children under the age of 18 and we do not knowingly collect information from children under the age of 18 through the Website. If you believe that a child has provided information to us through the Website, please contact us by email at abby@39minuteworkout.com or by writing us at 39 Minute Workout, 8001 Hillsborough Rd, Suite 1, Attn.: Abby Peterson. We will use our best efforts to remove all of the information provided by the child from our system. (See our Privacy Policy set forth below for additional information about Children’s Online Privacy Protection Policy.)

8. Member Account, Password and Security. As a Registered User, you are required to choose a password, provide your date of birth, and provide your email address, and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality and security of the password and all other account information, and you are fully responsible and liable for all access to and use of the Website and the Services that occur under your password or account. You agree to (a) immediately notify us by e-mail to abby@39minuteworkout.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. 39 Minute Workout will not be liable for any loss or damage arising from your failure to comply with this section.

9. Preservation and Disclosure of Account Information and User Content. You acknowledge and agree that 39 Minute Workout may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Site Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of 39 Minute Workout, the other users of the Website and Services, and the public. However, under no other circumstances will 39 Minute Workout intentionally disclose your account information to any third party except as otherwise provided in our Privacy Policy, which is set forth below.

10. Security Components. You acknowledge and agree that the Website and the Services, and the software embodied within the Website and the Services, may include security components that permit digital materials to be accessed, used, and protected, and that use of these security components is subject to usage rules set by 39 Minute Workout and/or content providers who provide content to 39 Minute Workout. You may not attempt to override or circumvent any such security components and usage rules embedded in the Website and the Services.

11. Subscription Fees and Payment. Access to and use of the Services is subject to a subscription fee (“Fee”). The Fee is payable in U.S. dollars. You will be required to provide your credit card number and other information at the time of your initial registration. Your credit card will automatically be charged at the time of your subscription or the end of your free trial, and regularly thereafter based on the terms of your subscription, and you hereby authorize 39 Minute Workout to charge your credit card for the then-applicable subscription fee. The Fee is non-refundable except as provided in Section 26 below (“Term and Termination”). 39 Minute Workout reserves the right to change or modify the Fee or payment schedule (including, without limitation, increasing prices and charging a fee for upgrades) at any time. 39 Minute Workout will use its reasonable best efforts to provide you with reasonable notice prior to making any fee changes or modifications.

If 39 Minute Workout is for any reason unable to effect automatic payment via your credit card, 39 Minute Workout will attempt to notify you via email and your account will be disabled until payment is received. You are responsible for notifying 39 Minute Workout of any changes to your credit card information and to update your information if your credit card has expired. 39 Minute Workout may suspend, terminate and/or otherwise interrupt your access to the Services if you fail to so notify 39 Minute Workout.

All Fees are exclusive of all excise, sales, use, transfer and other taxes and duties imposed with respect to the Services by any federal, state, municipal or other governmental authority, all of which taxes you are required to pay except for taxes based on 39 Minute Workout’s net income. You are responsible for obtaining and providing to 39 Minute Workout any certificate of exemption or similar document required to exempt any transaction from sales, use or similar tax liability.

You agree to pay your account balance on time. You are responsible and liable for any costs and expenses, including attorney and collection fees, that 39 Minute Workout may incur in its efforts to collect any remaining balances due from you. This paragraph will in no way limit any other remedies available to 39 Minute Workout. You are required to notify us of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card account statement by sending a written notice to abby@39minuteworkout.com. If you do not so notify us within the time allowed, you waive any right to dispute such problems or discrepancies.

12a. Content. The content available at the Website and the Services generally consists of (a) content owned by 39 Minute Workout, including but not limited to the trademarks, trade dress and “look and feel” of the Website and content created and/or acquired and owned by 39 Minute Workout (“39 Minute Workout Content”), (b) content owned by third parties and licensed to 39 Minute Workout for specified uses on the Website and the Services (“Third-Party Content”), and (c) content that may be posted and/or otherwise uploaded to the Website and/or the Services by you (“User Content”). As between you and other Registered Users, however, the content posted by other Registered Users is considered to be “Third-Party Content.” All of the foregoing are collectively referred to as “Site Content.”

12b. Geographic Limitations. Due to certain licensing restrictions placed on our titles, some content may not be available in your geographic location, and therefore, cannot be viewed. If at any time you feel this inhibits your experience upon purchasing a 39 Minute Workout subscription, please contact our customer service department and we will work with you in order to remedy the situation. You can reach customer service by email at abby@39minuteworkout.com  or by phone at 866-284-8058.

13. Ownership of Content. 39 Minute Workout does not claim ownership rights in any User Content that you post on the Website or otherwise make available through the Services. Subject to the non-exclusive license contained in Section 14 below (“License to Your Content”), as between 39 Minute Workout and you, you will retain all intellectual property rights that you may have in any User Content that originates with you.

14. License to Your Content. In order to be able to offer you the use of our Website and the Services pursuant to this Agreement, you are required to grant a license to 39 Minute Workout to use and distribute your User Content. This enables us to permit other Visitors and Registered Users to view and share your User Content, and to display your User Content in other places within the Website. Accordingly, by posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, “posting”) any User Content on or through our Website or the Services, you hereby grant to 39 Minute Workout a non-exclusive (meaning you can license the User Content to other parties as well), fully-paid, royalty-free, perpetual, irrevocable, worldwide license (including the right to sublicense) to use, copy, modify, adapt, translate, create derivative works, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such User Content on and through the Website and/or the Services, in print, or in any other format or media now known or hereafter invented, without any obligation of notification, compensation, attribution or consent. Notwithstanding the foregoing, we will not use your User Content to create commercial products such as books. For purposes of this section, “commercial products” does not include use on the Website and the Services and/or the advertising, publicity, promotional and marketing materials for the Website and the Services in any and all formats and media now known or hereafter invented. If you wish to remove any User Content from the Website and/or the Services, the decision will be made by 39 Minute Workout alone in its sole and absolute discretion, and our decision may depend on the type of User Content, the location and manner of posting, and other factors. You may contact us at to request the removal of certain User Content you have posted, but 39 Minute Workout has no obligation to remove any such User Content, may choose whether or not to do so in its sole discretion, and makes no guarantee as to the complete deletion of any such User Content and copies thereof. In any case, a back-up or residual copy of any User Content posted by you may remain on 39 Minute Workout’s servers after the User Content appears to have been removed from the Website and/or the Services, and 39 Minute Workout retains all rights granted in this section to all such remaining copies. You represent and warrant that: (i) you own all right, title and interest in all User Content posted by you on or through our Website or the Services, or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your User Content on or through the Website and/or the Services does not require the knowledge or consent of any third party and does not violate the privacy rights, publicity rights, copyrights, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.

15. Prohibited Conduct. The Website and the Services may include features that permit you to post User Content, which includes and applies to (but is not limited to) content of your own, comments on the User Content posted by other Registered Users, and communications with other Registered Users. Such User Content includes but is not limited to information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials. You acknowledge and agree that you shall not use the Website and/or the Service to post or other transmit User Content that:

is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains nudity, violence, or offensive subject matter;
solicits personal information from anyone under the age of eighteen (18);
provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
violates any intellectual property or other proprietary right of any third party, including User Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other Members;
involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
includes a photograph of another person that you have posted without that person’s consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; or
contains a virus or other harmful component.

16. Responsibility for User Content. You, and not 39 Minute Workout, are entirely responsible for all User Content that you upload, post, email, transmit or otherwise make available via the Website and/or the Services. 39 Minute Workout does not control the User Content posted via the Website and/or the Services and, as such, we cannot and do not guarantee the accuracy, integrity or quality of such User Content. You acknowledge and agree that, by using the Website and the Services, you may be exposed to User Content that you deem offensive, indecent or objectionable. Under no circumstances will 39 Minute Workout be liable in any way for any User Content, including, but not limited to, any errors or omissions in any user Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Website and/or the Services.

17. Rejection and/or Removal of User Content. You acknowledge and agree that 39 Minute Workout may or may not pre-screen User Content posted on our Website, but that 39 Minute Workout shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, and/or remove any User Content or portion thereof that is available via the Website and/or the Services, in its sole and absolute discretion, for any reason, including but not limited to its determination that any such User Content is not appropriate for the Website and/or the Services, or for no reason. Without limiting the foregoing, and by way of example only, 39 Minute Workout shall have the absolute right to remove from the Website and/or the Services any User Content that violates this Agreement or is otherwise objectionable in the sole discretion of 39 Minute Workout, or to restrict, suspend, or terminate your access to all or any part of the Website and/or the Services at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the Website and/or the Services by any person, please contact 39 Minute Workout by email at abby@39minuteworkout.com.

18. Limited License. 39 Minute Workout hereby grants to Registered Users a limited, personal, revocable, non-sublicensable license to display a single copy of the 39 Minute Workout Content and the Third-Party Content located on or available through our Website or Service (excluding any software code therein) solely for your single, personal, non-transferable and non-commercial use in connection with viewing our Website and using the Services during the term of your registration. All such use is subject to the terms and conditions set forth in this Agreement and may be terminated by 39 Minute Workout as set forth in this Agreement. Except for User Content posted by you, you may not copy, store, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Site Content for any purpose whatsoever.

19. Examples of Limitations on Use. Any non-commercial reuse of any portion of the Site Content by a Registered User that falls within what is allowed as “Fair Use” under the United States copyright and trademark law is permitted. In addition to the limitations set forth in Section 18 above (“Limited License”), and by way of example only, no commercial storage, use, reproduction or transmission of any Site Content is permitted under any circumstances. The Website and the Services may not be used in connection for any commercial purposes except as specifically approved in writing and in advance by an authorized representative of 39 Minute Workout. Unauthorized framing of or linking to any of our Website is prohibited. Commercial advertisements and other commercial content, affiliate links, and other forms of solicitation may be removed by 39 Minute Workout from the Website and the Services without notice and may result in termination of registration and subscription and denial of access to and use of the Website and the Services.

20. Health and Medical Concerns.  The Site Content includes information and instruction relating to exercise and fitness, and the products and services also available through the Website and the Services relate to exercise and fitness. You acknowledge and agree that the following warnings and disclaimers shall apply to all such information, instruction, products and services.

Before participating in any exercise program or using any fitness products or services that may be described and/or made accessible in or through the Website and/or the Services, we strongly recommend that you consult with a physician or other healthcare provider. 39 Minute Workout, its staff and the content-providers are not licensed medical care providers, are not rendering personal medical advice or treatment, and have no expertise in advising on, diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition.

The Website and the Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. You acknowledge and agree that when participating in any exercise or exercise program, and/or when using any fitness products or services, there is the possibility of physical injury and/or death, and you assume the risk and responsibility for any such results.

You should never disregard medical advice or delay seeking it because of a statement you have read on the Website and/or the Services. The Website and the Services should not be used in lieu of advice given by qualified medical professionals such as your doctor or registered dietitian. It is important that the Website and the Services are used only in conjunction with qualified medical guidance. If you know or suspect that you may be pregnant, have an eating disorder, have diabetes, or have any other physical or medical condition, it is imperative that you seek the advice of your doctor prior to using the Website and/or the Services.

You must always consult your doctor before beginning an exercise or dietary program. Keep the following checklist in mind when developing your program in conjunction with your health care provider, but also bear in mind that the checklist is not exhaustive and does not take the place of a consultation with your healthcare provider.

After exercise do you frequently experience chest pains?
Do you get dizzy when you exercise?
Are you breathless after exercising?
Do you take medication for high blood pressure?
Do you have joint problems?
Do you have a medical condition, which might need special attention when exercising, for example diabetes?
Have you been physically active in the past?
Do you have a heart condition that requires supervised physical activity?
If you experience any discomfort or pain during an exercise routine you must immediately cease the activity and seek the assistance of a physician.

21. Reservation of Rights. 39 Minute Workout Content and Third-Party Content are protected by copyright, trademark, patent, trade secret and other laws. 39 Minute Workout and its third-party licensors owns and retains their respective rights, title and interest in and to their respective content subject only to the limited licensed granted to Registered Users as set forth above.

22. Other Sites. The Website may contain third-party advertising and/or links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). However, the inclusion of a link in any of our Website does not imply 39 Minute Workout’s investigation, evaluation and/or endorsement of such third party website. We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses, entities or individuals, or the accuracy of the content of their advertising or Website. 39 Minute Workout does not assume any responsibility or liability for the actions, products, services, and/or content of any such Website. Before you purchase goods or services from a third party and/or use any third-party website, you should review the applicable terms of use and privacy policies for such Website. If you decide to access any such linked Website, you do so at your own risk.

23. International Use. Due to the global nature of the Internet, you acknowledge and agree that you are obliged to comply with all applicable laws, rules and regulations regarding the access to and use of the Website and the Services. By way of example only, you acknowledge and agree that you are obliged to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, and that restrictions on access to and/or use of some Site Content may apply to users based on their place of domicile, residence and/or use.

24. Take-Down Notices Under the DMCA. 39 Minute Workout will receive and evaluate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). Written notices of claimed copyright infringement must be in strict compliance with all terms and conditions of the DMCA and must be submitted according to the procedures set forth in the DMCA to the following Designated Agent for 39 Minute Workout:

Name of Agent Designated to Receive Notification of Claimed Infringement on Behalf of 39 Minute Workout: Abby Peterson

Full Address of Designated Agent to Which Notification to 39 Minute Workout Should Be Sent:

Abby Peterson, MAc, LAc

39 Minute Workout & Wellness

8001 Hillsborough Rd, Suite 1, Ellicott City, MD 21043

www.39minuteworkout.com

Telephone Number of Designated Agent: 301-758-4110

Email of Designated Agent: abby@39minuteworkout.com

25. Registered User Disputes. You are solely responsible for your interactions with other Registered Users. 39 Minute Workout reserves the right, but has no obligation, to monitor disputes between you and other Registered Users.

26. Term and Termination.

This Agreement, as it may be modified from time to time, shall remain in full force and effect for so long as it is posted on any of the Website or until terminated by 39 Minute Workout or by you.

You may terminate your status as a Registered User and cancel your account at any time and for any reason, by notifying us by email at abby@39minuteworkout.com or by phone at 301-758-4110, but any such termination and cancellation will be effective only after 39 Minute Workout has processed the request. If you cancel your account prior to the expiration of your pre-paid subscription period, you will forfeit the Fees paid for any unused portion of your subscription, which are non-refundable. However, you will be able to continue viewing premium content until the expiration of your current pre-paid subscription period. You also acknowledge and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with 39 Minute Workout.

39 Minute Workout reserves the right to suspend or terminate your status as a Registered User, cancel your account, and disable your access to the Website and Services at any time, with or without notice to you, with or without cause, and without liability to you. 39 Minute Workout shall have no liability to you or any third party because of such suspension or termination or related action for any reason except as follows: (a) If 39 Minute Workout elects do so with cause, then no refund of any unused portion of a pre-paid subscription is owing, and (b) if 39 Minute Workout elects to do so without cause, then 39 Minute Workout will refund any unused portion of a pre-paid subscription.

The following sections shall survive any termination of this Agreement, your account, and/or your use of the Service: Section 9 (“Preservation and Disclosure of Account Information and User Content”), Section 12 (“Content”), Section 13 (“Ownership of Content”), Section 14 (“License to Your Content”), Section 16 (“Responsibility for Your User Content”), Section 17 (“Rejection and/or Removal of User Content”), Section 20 (“Health and Medical Concerns”), Section 21 (“Reservation of Rights”), Section 22 (“Other Sites”), Section 23 (“International Use”), Section 25 (“Registered User Disputes”), Section 27 (“Disclaimer of Warranties”), Section 28 (“Waiver of Claims”), Section 29 (“Limitation of Liability”), Section 30 (“Severability”), Section 31 (“Indemnity”), and Sections 34 through 40.

Upon suspension or termination, 39 Minute Workout shall have no obligation to save any User Content that you may have posted or otherwise provided, and we reserve the right to permanently delete and destroy any of your personal information and/or User Content.

27. Disclaimer of Warranties. You acknowledge and agree that the Website and the Services are offered without warranties of any kind whatsoever by 39 Minute Workout and/or the providers of Site Content. The disclaimer of warranties includes, but is not limited to, the following.

Your use of the Website and the Services is at your sole risk. The Website and the Services are provided on an “as is” and “as available” basis. 39 Minute Workout and its affiliates, successors and assigns, and their respective shareholders, officers, directors, members, employees, agents, partners, licensors, vendors and contractors (collectively, the “39 Minute Workout-Related Parties”) expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, with respect to the service, the Website, and any third party Website with which they are linked.
The 39 Minute Workout-Related Parties are not responsible or liable for any loss, damage, injury or health problems that may result from your use of the Site Content and/or other aspects of the Website and/or the Services, including but not limited to training programs, recipes, products, services, events and/or information that you may learn about on the Website and/or the Services, and/or any action or inaction on your part as a result of information you have obtained from the Website and/or the Services. By way of example only, if you engage in any exercise or diet program that you receive or learn about through the Website and/or the Services, and/or if you use any product or service that you receive or learn about through the Website and/or the Services, you agree that you do so voluntarily, after consulting an appropriate health professional of your choice, and at your own risk, and you hereby release and discharge the 39 Minute Workout-Related Parties 39 Minute Workout from any and all claims or causes of action, known or unknown, arising out of the foregoing.
The 39 Minute Workout-Related Parties make no warranty that the Website or the Services, the Site Content, and/or the information, products and services available through the Website or the Service will meet your expectations or requirements, or that you will achieve any particular results from the use of any of the foregoing, or that the Website or the Services will be uninterrupted, timely, secure, error-free, or free of any harmless components (including viruses, malware, spyware, or comparable components.
You expressly assume the risk, by way of example, of deletion, misdelivery or failure to store postings of User Content, communications, personalized settings, or data, and you acknowledge that the 39 Minute Workout-Related Parties make no warranties regarding the foregoing.
Any material downloaded or otherwise obtained through the use of our Website or the Services is accessed at your own discretion and risk, and you will be solely responsible for any loss or damage to your computer system or loss of data that results from the download of any such material.

28. Waiver of Claims. You hereby waive, release and discharge the 39 Minute Workout-Related Parties from and against any claims that you may be entitled to make by reason of any use of your User Content authorized under this Agreement and/or by reason of your participation in any of the communications and social networking features of the Services, including but not limited to, and by way of example only, any claims based on copyright infringement, trademark infringement, rights of privacy or publicity, defamation and otherwise.

29. Limitation of Liability. To the fullest extent permitted by applicable laws, the 39 Minute Workout-Related Parties will in no event be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from or in connection with any use of the Website and/or the Services, and/or any website with which they are linked, and/or any content, information, products or services accessible through the Website and/or the Services, even if any of the 39 Minute Workout-Related Parties have been advised of the possibility of such losses or damages. Notwithstanding anything to the contrary contained herein, the aggregate liability of the 39 Minute Workout-Related Parties to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to 39 Minute Workout for the Services.

30. Severability. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you. In any such case, and/or if any terms or conditions of this Agreement are held to be invalid for any reason whatsoever, this Agreement shall remain in full force and effect on its remaining terms and conditions of this Agreement unless and until terminated by 39 Minute Workout. Furthermore, if any term or condition of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the intentions of the parties as reflected in the invalidated provision.

31. Indemnity. You agree to indemnify, defend, and hold harmless the 39 Minute Workout-Related Parties from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your breach of the terms of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. 39 Minute Workout will use its reasonable best efforts to notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

32. Additional Terms. We may also require you to follow additional rules, guidelines or other conditions (“Additional Terms”) in order to participate in certain promotions or activities available through our Website, to obtain certain premium Site Content through our Website, and/or for other reasons. In addition, certain Additional Terms will govern your subscription to the Services and any purchases you make through the online store. These Additional Terms will be posted on the relevant portions of our Website or on the portions of our Website that describe the specific promotions, Content, or activities. These Additional Terms are incorporated by reference in this Agreement, and you agree to comply with them when you participate in those promotions, purchase items from our online stores, or otherwise engage in activities governed by such Additional Terms.

33. Modification and Discontinuation. We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Website and/or the Services, or any portion thereof, with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Website and/or the Services.

34. Entire Agreement. This Agreement, together with any other terms and conditions referenced herein (including without limitation the Privacy Policy and Additional Terms), constitutes the entire agreement between you and 39 Minute Workout and governs your use of the Website and Service, superseding any prior agreements between you and 39 Minute Workout with respect to the Website and/or the Services.

35. Choice of Law and Forum. This Agreement and the relationship between you and 39 Minute Workout shall be governed by the laws of the State of Maryland without regard to its conflict of law provisions. You and 39 Minute Workout agree to submit to the personal and exclusive jurisdiction of the courts located within the county of __Howard___, Maryland.

36. No Waiver. The failure of 39 Minute Workout to exercise or enforce any right and/or remedy under this Agreement shall not constitute a waiver of such right and/or remedy.

37. Statute of Limitations. You acknowledge and 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 Website, the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

38. Relationship of the Parties. You and 39 Minute Workout acknowledge and agree that they are independently contracting parties dealing at arm’s length with each other in connection with the licensing of intellectual property rights and the provision of services. No partnership, joint venture, joint authorship, employment, fiduciary, agency or other relationship is created between them.

39. Binding on Successors. This Agreement shall be binding on and inure to the benefit of the heirs, executors, administrators, licensees, successors and/or assigns of the parties, as applicable. For avoidance of doubt, you acknowledge and agree that 39 Minute Workout is fully authorized to assign, sublicense and/or otherwise convey and transfer this Agreement and/or any of its rights under this Agreement at any time, in its sole and absolute discretion, and without compensation of any kind to you.

40. Notices and Questions. If you have any questions regarding this Agreement, please contact us by email at Abby@39minuteworkout.com, or by mail at 39 Minute Workout, 8001 Hillsborough Rd, Suite 1, Ellicott City, MD 21043. Except as otherwise specified elsewhere in this Agreement, notices to 39 Minute Workout may be given at the foregoing email and postal addresses, and notices to you may be given at the address provided to us at the time of registration and/or the purchase of goods and services from 39 Minute Workout.

 

39 Minute Workout Website

PRIVACY POLICY

(Including Children’s Online Privacy Protection Policy

and “Your Privacy Rights” for California Residents

Effective and last revised on ____________,.

The following Privacy Policy (“Privacy Policy”) governs your use of the Website and the Services, which is owned by 39 Minute Workout, Inc. (“39 Minute Workout”).

We have created this Privacy Policy to ensure that you understand our policies and procedures relating to privacy, what personal information you must provide if you wish to use certain portions of the Website and the Services, ultimately, just how we use such personal information.

This Privacy Policy is a part of and is incorporated into the Terms of Use set forth above. All defined terms in this Privacy Policy shall have the meaning assigned to them in the Terms of Use. By accessing or using any of the Website and the Services, you acknowledge and agree that you have read and agree to be bound by this Privacy Policy.

Sites and Site Operator The sites to which the following Privacy Policy applies are: www.39 Minute Workout.com (collectively, “the Website”). The operator of the Website is 39 Minute Workout, ____., a Maryland________, 8001 Hillsborough Rd, Suite 1, Ellicott City, MD 21043. The agent for 39 Minute Workout is Abby peterson, and the email address for 39 Minute Workout’s agent is abby@39minuteworkout.com.

Effective Date. This Privacy Policy is effective as of, and was lasted revised on, _____________. 39 Minute Workout reserves the right to add to, delete from and/or otherwise change this Privacy Policy at any time in its sole and absolute discretion. To the maximum extent permitted by law, you are responsible for monitoring the Website to determine if any changes have been made to the Privacy Policy in the future. Access to and/or use of the Website and/or the Services by you after the date of any such change shall be deemed to confirm your agreement to be bound by the Privacy Policy then in effect. By agreeing to the Terms of Use applicable to the Website at which this Privacy Policy is posted, you are also agreeing to be bound by this Privacy Policy. Unless otherwise indicated, defined terms in this Privacy Policy shall have the same meaning assigned to them in the Terms of Use.

Information Collected By the Website. We collect two types of information from users of the Website: personal information described below; and non-personal information such as information about traffic patterns on the Website.

4. Personal Information. To access certain portions of the Website, including the portions where the Services are offered, we require you to register and select a user name and password. Some personal data is collected during the registration process. We may then ask for additional information, including personally identifiable and non-personally identifiable information.

When you make a purchase on one of the Website, when you subscribe to the Services, and/or when you enter a contest or other promotion, we may ask you for certain personal information such as your name, address, e-mail address, or credit card number, in order to process your order, manage your subscription, administer the contest, or send you promotional e-mails. Providing personal information in these instances is solely your choice; you do not need to provide such information, make purchases, or enter such contests to browse our Website as a Visitor.

5. How We Use Your Personal Information. We use the information collected on the Website for a variety of purposes, including, but not limited to, running the Website and the Services and contacting users. The Website and the Services may also make available to other Registered Users information provided by you during registration, such as your screen name. We may use your information to communicate back to you, to update you on products, services and benefits, to personalize the Website for you, to contact you for market research or to provide you with marketing information, newsletters, or other information we think would be of particular interest. In addition, if you make a purchase on any of the Website, we may send you order and shipping confirmation emails. We will always give you the opportunity to opt out of receiving such materials.

You can remove your e-mail address from our e-mail list at any time by following the procedures set forth in the Section 9 below (“Opt Out Procedures”) or by clicking on the “unsubscribe” link in every e-mail from 39 Minute Workout. In addition, you can modify your information or change your preferences, as set forth in Section 10 below (“Reviewing or Changing Your Information”). Information obtained through the Website and/or the Services may be intermingled with and used in conjunction with information obtained through sources other than our Website, including both offline and online sources.

6.  Discussions and Community Tools. The Website and the Services may make chat rooms, forums, bulletin boards, news groups and other community tools available to Registered Users and/or Visitors. Please remember that any information that is disclosed in these areas becomes public information for other users to view and for 39 Minute Workout to use. Please do not disclose any personally identifiable information, including without limitation your full name or e-mail address, in these publicly accessible areas of the Website or the Services. Please be considerate and respectful of others while using any chat rooms, forums or message boards to share your opinion.

Non-Personal Data. In some cases, we may collect non-personal information. Examples of this type of information include the type of Internet browser you are using, the type of computer operating system application software, and peripherals you are using and the domain name of the web site from which you linked to our Site. We use your information on an aggregated basis to do such things as operate our Website, enhance our Website and sell and deliver advertising.

8. Cookies. Certain features on the Website and/or the Services utilize cookie technology. A cookie is a small data file that certain web sites write to your hard drive when you visit them. A cookie file can contain various types of information, including a user ID that the site uses to track the pages you’ve visited. We may use cookies to enhance your experience on our Website, to determine user traffic patterns and for other purposes.

Most browsers are initially set up to accept cookies; however, you can reset your browser to refuse all cookies or indicate when a cookie is being sent or you can flush your browser of cookies from time to time. (Note: you may need to consult the help area of your browser application for instructions.) If you choose to disable your cookies setting or refuse to accept a cookie, however, you may not be able to access all areas of the Website and/or the Services.

Opt Out Procedures. You have the option to opt out of receiving information from 39 Minute Workout, the Website and the Services. This opt out messaging will appear at the bottom of every promotional email that is sent out. If you no longer wish to take advantage of the Website or the Services or receive any form of direct contact from 39 Minute Workout, whether it is email, discounts, newsletters, or other promotional offers or materials, contact us at: abby@39minuteworkout.com

10. Reviewing or Changing Your Information. In order to ensure that the information we maintain is accurate, we give users the option to change or modify their information previously provided during registration. If you would like to change your information currently in our database please log in and click the “My Account” link on the various Website or email us at abby@39minuteworkout.com.

11. Sharing of Your Information. 39 Minute Workout may share your personal information: (i) with 39 Minute Workout’s affiliates or successors (collectively the “39 Minute Workout Parties”), or with third parties who are under obligations of confidentiality with any of the 39 Minute Workout Parties, (ii) if a 39 Minute Workout Party is required by law to do so, (iii) in the event of a transfer of ownership of a 39 Minute Workout Party, merger or other similar transaction, or (iv) as otherwise set forth in this Privacy Policy. The following describes some of the ways that your personal information may be disclosed to third parties:

We may employ third parties to perform services or functions on our behalf in order to improve our Website, merchandising, marketing and promotional efforts, communications or other services. Those third parties may include authorized contractors, consultants and other companies working with us. They only have access to personal information needed to perform their functions, and they may not share any personal information with others or use it for any other purpose than providing or improving 39 Minute Workout’s services and offerings.

We may share your information with third parties whom we believe have information of interest to you. In addition, we may share certain non-personal information with third parties for advertising, promotional and other purposes. For example, we may work with third party advertising companies, to serve and track our ads. These third parties may install other cookies. Our advertising partners may use the non-personal information they collect from our Website, in the aggregate, to help us better market and serve our customers.

This Privacy Policy applies only to the Website and the Services and does not address the practices of third parties who may collect your personal information. You may visit other Website, through links on the Website, which may collect, use and share your personal information in accordance with their own privacy policies. The information practices of those linked Website are not covered by this Privacy Policy, and we encourage you to be very cautious before you disclose your personal information to others. In order to provide you with the information, products or services which you have requested, we may share or transfer your personal information with our parent, affiliates or subsidiaries, or third party agents acting on their behalf.

The 39 Minute Workout Parties may be obligated to cooperate with various law enforcement inquiries. Each 39 Minute Workout Party reserves the right to disclose or transfer personal information and non-personal information about you and your activities on our Website in order to comply with a legal requirement or request from law enforcement or other government officials, administrative agencies or third parties as we, in our sole discretion, determine necessary or appropriate for the administration of justice, or in connection with an investigation of fraud, intellectual property infringements or violations of any other law, rule or regulation, our Terms of Use or other rules or policies of our Website, the rights of third parties, or an investigation of any other activity that may expose us or you to legal liability, or to investigate any suspected conduct which 39 Minute Workout in its sole discretion deems improper.

Security. Providing a secure site is essential for your peace of mind and trust in 39 Minute Workout. We have installed encryption software conforming to the Secure Socket Layers (SSL) protocol to safeguard all of the commerce related (i.e. credit card and billing address) information you send to us. Club profile information is not encrypted or secured in any way. All information is stored on our servers in a secure location. It is important for you to protect against unauthorized access to your password and to your computer. If your password is compromised, notify Customer Service at once at abby@39minuteworkout.com.

Children’s Online Privacy Protection Policy. The Website and the Services are not intended for or directed to users under the age of 18, and we do not knowingly or intentionally collect personally identifiable information from children under the age of 18 or other minors. Where appropriate, we take reasonable measures to determine that our users are adults of legal age and to inform minors not to submit such information to the Website or the Services or in response to advertisements. If you are concerned that personal information may have been inadvertently provided to or collected by 39 Minute Workout, please contact us immediately at abby@39minuteworkout.com so that we may appropriate steps to remove such information from our database.

14. Privacy Precaution Warning. Please note that no data transmission over the Internet is 100% secure. As a result, we cannot guarantee the security of the information that you transmit via our online services.

Your Consent. By using the Website and/or the Services, and by providing your personal information to us, you also authorize the storage, use and export of your personal information as specified herein.

16. Applicable Law. The headquarters of 39 Minute Workout is located in the State of Maryland, U.S.A. This Privacy Policy and our legal obligations are subject to the laws of Maryland and the U.S.A., regardless of the location of any user. Any claims or complaints must be filed a court of competent jurisdiction in the State of Maryland, U.S.A.

Your Privacy Rights (California Residents)

Online Privacy Protection Policy for California Residents

(“Shine the Light” Law)

Effective as of January 1, 2005, California’s “Shine the Light” law (Cal. Civ. Code Sections 1798.80, et seq.) provides California residents with the right to receive certain disclosures when personal information that has been collected online is shared with third parties for direct-marketing purposes.

If you are a California resident and you provided personal information to 39 Minute Workout through a website in the past, and/or if you do so in the future, you are entitled to submit a request in writing to 39 Minute Workout for a description of the information we may have provided to third parties. To submit your written request, please send it to abby@39minuteworkout.com and put the following words in the subject line of the email: “California Privacy Request.”

Within 30 days after receipt of your request, we will send you a list of the categories of personal information disclosed to third parties during the immediately preceding calendar year, along with the names and addresses of the third parties who actually received such information, if any.

We reserve our right not to respond to requests sent more than once in a calendar year.

Please note that the California “Shine the Light” law does not cover all aspects of on-line information sharing, and our policy relates only to information covered by the law.

 

COMMUNITY POSTING GUIDELINES

At 39 Minute Workout, we believe that everyone deserves the opportunity to transform their lives. In the spirit of community, we strive to maintain tolerance, equality and respect. The Internet has opened up a world of opportunity that humanity has never seen before. However, the Internet also gives people the means to insult or harass others without taking full responsibility for their words. We insist that while you’re on 39 Minute Workout, you respect the people you encounter, as well as their opinions. You’re free to disagree, state your own opinion and provide critical feedback, but please keep it respectful. Please respect other members’ beliefs, and consider your impact on others when making your contribution. If you can’t conduct yourself in a respectful manner, we reserve the right to remove comments. In extreme cases, we reserve the right to disable the ability to comment.

We understand and we fully support discussion on topics posted on the Website. However, we won’t allow misrepresentation of our brand to be published on our site. We reserve the right to determine what is a constructive argument and what’s a smear tactic.

Our comment sections are dedicated to discussion about the content. If you’re experiencing a technical issue with a video, please contact customer service directly at abby@39minuteworkout.com. Technical problems posted in the comment section will be deleted once the problem is addressed. If a hyperlink to an external site is posted, we reserve the right to remove the hyperlink, or remove the comment entirely.

ANTI-SPAM POLICY

At 39 Minute Workout, we are 100% against spam and unsolicited emails and maintain CANSPAM compliance. We do not sell or provide email addresses to any unauthorized third party and do not authorize any third party or affiliate to misuse products or services created by or associated with 39 Minute Workout in spam or bulk emails. If you feel you have received any unwanted emails from us, please contact us immediately and we will look into the matter.

39 Minute Workout prohibits the use of their website and/or services in any manner associated with the transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial e-mail (“Spam”). You may not use any 39 Minute Workout services to send Spam. You also may not deliver Spam or cause Spam to be delivered to any customers of 39 Minute Workout.

In compliance with the CAN-SPAM Act of 2003 (15 U.S.C. 7701, et seq., Public Law No. 108-187, was S.877 of the 108th United States Congress), e-mail sent, or caused to be sent, to or through the 39 Minute Workout website or service or on behalf of 39 Minute Workout may not:

use or contain false, misleading, invalid or forged headers
use deceptive or misleading subject lines
use or contain invalid or non-existent domain names;
employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path;
use other means of deceptive addressing;
use a third party’s internet domain name, or be relayed from or through a third party’s equipment, without permission of the third party;
contain false or misleading information in the subject line or otherwise contain false or misleading content;
fail to comply with additional technical standards described below;
otherwise violate our Terms of Use.
39 Minute Workout does not authorize the harvesting, mining or collection of e-mail addresses or other information from or through the website or its services. 39 Minute Workout does not permit or authorize others to use the 39 Minute Workout services to collect, compile or obtain any information about its customers or subscribers, including but not limited to subscriber e-mail addresses. 39 Minute Workout does not permit or authorize any attempt to use its services in a manner that could damage, disable, overburden or impair any aspect of any of the services, or that could interfere with any other party’s use and enjoyment of any 39 Minute Workout service.

If 39 Minute Workout believes that unauthorized or improper use is being made of any service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. 39 Minute Workout may immediately terminate any account on any service which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy.

Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, the 39 Minute Workout website and/or services. Failure to enforce this policy in every instance does not amount to a waiver of 39 Minute Workout’s rights.

Unauthorized use of any 39 Minute Workout services in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil, criminal, or administrative penalties against the sender and those assisting the sender.

Violators of the CAN SPAM Act may be subject to “cease and desist” orders or penalties from the FTC (Federal Trade Commission) of up to $11,000 per violation. Criminal prosecution is also possible in the case of egregious offenders, which can result in penalties such as fines, forfeiture of proceeds and equipment. The worst offenders can also be subject to prison time.