The Ultimate Fitness Team website may only be used for lawful purposes. This site must be used consistent with your obligations as an Independent Affiliate required by Team Beachbody, including the Team Beachbody rules of conduct. Without limitation, this site may not be used for any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material, including those acts which would violate any state or federal, civil or criminal laws. If you have any questions about the use of this site, you should seek independent legal advice. At its discretion, Ultimate Fitness Team may investigate any complaint arising as a result of the violation of this agreement and may act as necessary to (i) to satisfy any law, regulation, government request or inquiry by Team Beachbody; (ii) make any disclosure necessary or appropriate to operate this website; or (iii) to protect the rights or property of Ultimate Fitness Team, its members, officers, directors, employees, agents, third-party content providers, merchants, sponsors, and licensors or any other user of this website.
Ultimate Fitness Team reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to any individual or entity, or which violates any applicable law. Notwithstanding the foregoing, Ultimate Fitness Team cannot ensure prompt removal of questionable content. Ultimate Fitness Team, its members, officers, directors, employees, agents or assign assumes no liability for any action or inaction with respect to conduct, communication, or content placed by a user on this website.
5. Proprietary Property of Ultimate Fitness Team
Should Ultimate Fitness Team acquire or register any trademarks, patents, trade dress, trade signage, copyrights, or other incidents of proprietary property rights, you agree to be bound by the legal rights of Ultimate Fitness Team and will not use such in any manner inconsistent with the rights of Ultimate Fitness Team.
6. Site Content
You acknowledge the Ultimate Fitness Team website contains proprietary content protected by copyrights, trademarks, trade secrets, or other proprietary rights laws, and that these rights are valid and protected in all forms including that of media and technologies existing now or hereinafter developed. You may not modify, remove, delete, or otherwise use the content of this website, in whole or part without the prior consent of Ultimate Fitness Team. You may make copies of portions of this page for your personal use and files.
7. Termination of Usage
Any violation of any of the terms and conditions stated will result in termination of usage and is at the sole discretion of Ultimate Fitness Team.
8. Security of Your User Name and Password:
You are responsible for keeping such user name and account password confidential. You agree to accept full responsibility for all activities that occur within your Ultimate Fitness Team account.
For your privacy we do not sell, trade, rent, or otherwise transmit any personally identifiable information with anyone. To receive information from us you will need to opt in and you will always be able to opt out at your sole discretion. Should you submit videos to us, you are allowing us to share such videos with others on the Ultimate Fitness Team website.
10. Disclaimer of Warranties
There are no warranties expressed or implied offered by the Ultimate Fitness Team.
There is no guarantee as to the results of the services or of the techniques, approaches, or attitudes suggested in the material contained in this website. You must never make any such claim of a guarantee in the presentation of this website. Your success depends on your own hard work.
Without limiting the foregoing there is no representation or warranty of any kind, express or implied, that the website will be uninterrupted or error-free; as to the accuracy or currency of any information, content, service, or that the website, or e-mail sent from or on behalf of ultimate fitness team, are free of viruses or defects.
11. Limitation of Liability
Under no circumstances shall ultimate fitness team, its members, its officers, its directors, its employees and/or its agents be liable for any damages that result from the use of or inability to use this website including but not limited to reliance by a user on any information obtained from the website, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to records, programs, or services. You agree that ultimate fitness team, its members, it officers, its directors, its employees and/or its agents will not be liable for any indirect, incidental, special, or consequential damages arising from the use of this website.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If those state laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply and you may have additional rights.
12. Applicable Law & Jurisdiction
The terms and conditions of the use of this website, shall be controlled by the law of the state of Nevada.
13. Binding Arbitration
You agree to submit to binding arbitration any and all differences or disputes related to or arising out of this Agreement. This arbitration will be conducted in accordance with the rules of the then in force Ultimate Fitness Team set forth in the Rules of Conduct. Any award entered in any such arbitration shall be final and binding, and may be entered and enforced in any court of competent jurisdiction. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of Nevada and of the United States of America located in the State of Nevada for any litigation commenced in conjunction with such litigation. You further agree not to commence any litigation relating to the arbitration except in such courts. By use of this website, you waive any objection to the laying of venue of any such litigation in Nevada Courts and agree not to plead or claim in any Court that such litigation brought therein has been brought in an inconvenient forum. The agreement to arbitrate is modified to the extent that each party will bear their own fees and expenses in any arbitration. This section shall survive termination of this Agreement.
By use of this website, including the request for services offered, you agree to defend, indemnify, and hold harmless Ultimate Fitness Team, its members, its officers, directors, employees, affiliates, and agents from and against any and all claims, damages, liability or expense, including costs and attorney fees, arising out of the use by you of this website or the request for services by you or any act in the use of this website that is otherwise inconsistent with your obligations as a Team Beachbody Affiliate, including without limitation the Rules of Conduct.
15. Modification and Severability
Ultimate Fitness Team reserves the right to modify from time to time and without prior notice, the terms and conditions affecting the use of this website, the level of services provided, prices charged, as well as the benefits associated with any level of purchased services.
16. Contact Us
These Terms and Conditions were last revised on October 17, 2010.