Terms & Conditions of Use

 

1. Terms of Use. The Baby­WeightTV™ web­site (here­inafter referred to as the “Site”) is designed to pro­vide you with high-qual­i­ty video of fit­ness class­es and oth­er pro­gram­ming relat­ed to health and well­ness, as well as  to pro­vide infor­ma­tion about fit­ness, health and well­ness in the pre­na­tal and post­par­tum phas­es and to unite women around the world who are inter­est­ed in the afore­men­tioned top­ics.

The Site is owned by Body Works Media, LLC, and is intend­ed for users 18 years of age or old­er. Please read these Terms and Con­di­tions of Use (“Terms and Con­di­tions”) care­ful­ly. These Terms and Con­di­tions, includ­ing all doc­u­ments ref­er­enced here­in, rep­re­sent the entire under­stand­ing between Baby­WeightTV™ and you regard­ing your use of this Site and super­sede any pri­or state­ments or rep­re­sen­ta­tions. The Site’s Pri­va­cy Pol­i­cy is incor­po­rat­ed into these Terms and Con­di­tions by ref­er­ence and is made a part here­of. 



Access to and use of this Site is sub­ject to all applic­a­ble laws and reg­u­la­tions. To the extent that access, or use of this Site would be deemed ille­gal by gov­ern­ing law, such access or use is pro­hib­it­ed. BY VISITING ANY AREA ON THE SITE, OR IF YOU ARE SIGNING UP FOR AN ACCOUNT THEN BY CLICKING “I HAVE READ, UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS OF USE,” YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, DO NOT CLICK ON THE BUTTON, OPEN AN ACCOUNT WITH BABYWEIGHTTV™, OR OTHERWISE USE THE SITE. As long as you com­ply with these Terms and Con­di­tions and any mod­i­fi­ca­tions here­to as per­mit­ted below, Baby­WeightTV™ grants you a per­son­al, non-exclu­sive, non-trans­fer­able, non-sub­li­cens­able, lim­it­ed priv­i­lege to enter and use the Site.

2. Use of Mate­ri­als. Mate­ri­als on this Site (includ­ing those streamed or down­loaded from the Site), includ­ing but not lim­it­ed to soft­ware, images, text, graph­ics, music, videos, long form pro­grams, user inter­faces, logos and trade­marks, along with the over­all “look and feel” of the Site (col­lec­tive­ly referred to as the “Mate­r­i­al”), are owned or licensed by Baby­WeightTV™ and are pro­tect­ed under var­i­ous intel­lec­tu­al prop­er­ty laws.

Except as oth­er­wise indi­cat­ed on this Site, copy­ing, repro­duc­tion, upload­ing, down­load­ing, trans­mit­ting or any oth­er use of the Mate­r­i­al, in whole or part, with­out the express writ­ten per­mis­sion of Baby­WeightTV™, is pro­hib­it­ed. How­ev­er, if you have an Account (described below) with Baby­WeightTV™, you may, copy, repro­duce, down­load, trans­mit and/or print indi­vid­ual pages con­tained on this Site and stream and/or down­load dig­i­tal class videos for your per­son­al, non-com­mer­cial use, pro­vid­ed you agree not to con­ceal, remove or alter any trade­mark, copy­right or oth­er notice con­tained on: (i) this Site; (ii) any of the Mate­r­i­al; or (iii) any such indi­vid­ual pages so copied, repro­duced, down­loaded, trans­mit­ted or print­ed or dig­i­tal class videos streamed or down­loaded. Or, if you are a mem­ber of the press, you may access, down­load and use pho­tographs avail­able for press pur­pos­es from the “Media Down­load­s” sec­tion of the Site sole­ly for your press pub­li­ca­tions pro­vid­ed you do not con­ceal, remove or alter any trade­mark, copy­right or oth­er notice print­ed on or accom­pa­ny­ing such pho­tographs. Your use here­un­der does not grant you any own­er­ship rights to such Mate­r­i­al and BabyWeightTV™and its licen­sors reserve all rights to such Mate­r­i­al. You may not reverse engi­neer, decom­pile, dis­as­sem­ble, or mod­i­fy any Mate­r­i­al, or copy, repro­duce, down­load, trans­mit and/or print sub­stan­tial por­tions of this Site or the Mate­r­i­al con­tained here­on with­out the express writ­ten per­mis­sion of Baby­WeightTV™. Any unau­tho­rized use of this Site and/or the Mate­r­i­al may sub­ject you to crim­i­nal pros­e­cu­tion and/or civ­il lia­bil­i­ty under applic­a­ble law.

3. Health & Safe­ty Dis­claimer. Always seek the advice of your physi­cian or oth­er qual­i­fied health pro­fes­sion­al before start­ing or chang­ing any exer­cise pro­gram or mak­ing a lifestyle change. This is par­tic­u­lar­ly impor­tant if you are over­weight, preg­nant, nurs­ing, reg­u­lar­ly tak­ing med­ica­tions, or have any exist­ing med­ical con­di­tions. Con­sult your physi­cian or mid­wife before begin­ning this or any exer­cise pro­gram dur­ing or after preg­nan­cy to be sure that you do not unknow­ing­ly have any con­di­tion that may con­traindi­cate cer­tain types of exer­cise. Do not begin this or any exer­cise pro­gram with­out your health­care provider’s con­sent.  If you are con­cerned that par­tic­u­lar exer­cis­es in this or any oth­er exer­cise pro­gram is appro­pri­ate for you, do not attempt them until you have cleared it with your health­care provider. The mate­r­i­al on this Site is not intend­ed to make med­ical diag­no­sis or pro­vide med­ical advice, and there­fore should not be sub­sti­tut­ed for med­ical con­sul­ta­tion.  Do not delay seek­ing med­ical treat­ment or advice or dis­re­gard med­ical advice based on any infor­ma­tion pro­vid­ed on this Site.

Baby­WeightTV™ fea­tures demand­ing exer­cise. Be sure you choose class­es at your ener­gy and fit­ness lev­el. Do the exer­cis­es in an unob­struct­ed space with ade­quate ven­ti­la­tion and wear­ing appro­pri­ate cloth­ing that does not restrict move­ment. Drink plen­ty of water through­out the pro­gram to stay ade­quate­ly hydrat­ed. Take the time to do warm up and cool down activ­i­ties with every work­out to help avoid mus­cle sore­ness and injury.

Accord­ing to the Amer­i­can Col­lege of Obstet­rics and Gyne­col­o­gy (ACOG), the fol­low­ing con­di­tions are Absolute Con­traindi­ca­tions to Exer­cise Dur­ing Preg­nan­cy: Preterm Labor, Rup­tured Mem­branes, Per­sis­tent Bleed­ing in 2nd or 3rd Trimester, Pla­cen­ta Pre­via after 26 weeks ges­ta­tion, Incom­pe­tent Cervix or Cer­clage, Preeclampsia/ Preg­nan­cy Induced Hyper­ten­sion, Hemo­dy­nam­i­cal­ly Sig­nif­i­cant Heart Dis­ease, High Risk Mul­ti­ple Ges­ta­tion Preg­nan­cy, Restric­tive Lung Dis­ease. Exer­cise should be avoid­ed alto­geth­er in the pres­ence of the afore­men­tioned con­di­tions. The ACOG also advis­es that you stop exer­cis­ing while preg­nant and seek med­ical advice imme­di­ate­ly if you have or devel­op the fol­low­ing con­di­tions: Preterm Labor, Vagi­nal Bleed­ing, Amni­ot­ic Flu­id Leak­age, Decreased Fetal Move­ment, Pain or swelling in the Calf Mus­cles, Short­ness of Breath Pri­or to Exer­tion, Dizzi­ness, Headache, Chest Pain, and Mus­cle Weak­ness.

By par­tic­i­pat­ing in any Baby­WeightTV™ pro­gram­ming, you acknowl­edge that you are free from the afore­men­tioned con­di­tions and have received approval from your health­care provider to par­tic­i­pate in the Baby­WeightTV™ fit­ness pro­grams.

 

 

Be sure to watch the Before You Begin Pre­na­tal or Post­par­tum Exer­cise videos to review impor­tant points on how to safe­ly begin exer­cise dur­ing or after preg­nan­cy once you have your doctor’s approval. Whether you are in the pre­na­tal, post­par­tum or post-post­na­tal phase, lis­ten to your body at all times and exer­cise with­in your lim­its.  Stop exer­cis­ing and con­sult your health­care provider if you expe­ri­ence any pain or unusu­al dis­com­fort, dizzi­ness or light-head­ed­ness, nau­sea, headache or oth­er unusu­al symp­toms. Since the pro­gram­ming fea­tured on Baby­WeightTV™ can­not mon­i­tor your con­di­tion dur­ing your exer­cis­es, you are respon­si­ble for exer­cis­ing at your lev­el, mon­i­tor­ing your own body response to the activ­i­ty, and seek­ing med­ical advice as nec­es­sary.

The cre­ators, instruc­tors, pro­duc­ers, and dis­trib­u­tors of this pro­gram are not respon­si­ble for any injuries that may occur while par­tic­i­pat­ing in this pro­gram. By con­tin­u­ing with this pro­gram you accept that you have read, under­stand and agree to fol­low these instruc­tions and are par­tic­i­pat­ing at your own risk.

4. Your Account; Reg­is­tra­tion. Before you make any pur­chas­es or sub­scribe to any pro­grams on the Site, you must first estab­lish a cus­tomer account (“Account”). You are respon­si­ble for main­tain­ing the con­fi­den­tial­i­ty of your Account infor­ma­tion, includ­ing your pass­word, and for all activ­i­ty that occurs under your Account. You agree to noti­fy Baby­WeightTV™ imme­di­ate­ly of any unau­tho­rized use of your Account or pass­word, or any oth­er breach of secu­ri­ty. You may not use any­one else’s pass­word or cus­tomer account at any time. You may not attempt to gain unau­tho­rized access to the Site. Should you attempt to do so, assist oth­ers in mak­ing such attempts, or dis­trib­ute instruc­tions, soft­ware or tools for that pur­pose, then your Account will be ter­mi­nat­ed. You agree to pro­vide us with accu­rate, cur­rent and com­plete infor­ma­tion about your­self and your billing infor­ma­tion as prompt­ed by the reg­is­tra­tion process. You may update any of your Account infor­ma­tion by click­ing on the My Account but­ton and select­ing the appro­pri­ate link. You may not use any auto­mat­ic device, pro­gram, algo­rithm or method­ol­o­gy, or any sim­i­lar or equiv­a­lent man­u­al process, to access, acquire, copy, probe, test or mon­i­tor any por­tion of the Site or any Mate­r­i­al, or in any way repro­duce or cir­cum­vent the nav­i­ga­tion­al struc­ture or pre­sen­ta­tion of the Site or any Mate­r­i­al, to obtain or attempt to obtain any mate­ri­als, doc­u­ments or infor­ma­tion through any means not pur­pose­ly made avail­able through the Site. You agree that you will not take any action that impos­es an unrea­son­able or dis­pro­por­tion­ate­ly large load on the infra­struc­ture of the Site or any of the sys­tems or net­works com­pris­ing or con­nect­ed to the Site. You are respon­si­ble for under­tak­ing suit­able pre­cau­tions to scan for com­put­er virus­es and main­tain­ing a back up of all of your data and/or equip­ment, and to restrict access to your com­put­er to avoid dis­clo­sure of such items.

You also agree that Baby­WeightTV™ may, in its sole dis­cre­tion and with­out pri­or notice to you, ter­mi­nate your access to the Site and your Account for any rea­son, includ­ing with­out lim­i­ta­tion: (1) attempts to gain unau­tho­rized access to the Site or assis­tance to oth­ers’ attempt­ing to do so, (2) over­com­ing soft­ware secu­ri­ty fea­tures lim­it­ing use of or pro­tect­ing any Mate­r­i­al, (3) dis­con­tin­u­ance or mate­r­i­al mod­i­fi­ca­tion of the Site or any ser­vice offered on or through the Site, (4) vio­la­tions of the Terms and Con­di­tions, (5) fail­ure to pay for sub­scrip­tions or pur­chas­es, (6) sus­pect­ed or actu­al copy­right infringe­ment, (7) unex­pect­ed oper­a­tional dif­fi­cul­ties, or (8) requests by law enforce­ment or oth­er gov­ern­ment agen­cies. You agree that Baby­WeightTV™will not be liable to you or to anythird par­ty for ter­mi­na­tion of your access to the Site.

5. Pri­va­cy; Per­son­al Infor­ma­tion. Please see BabyWeightTV™‘s Pri­va­cy Pol­i­cy for infor­ma­tion con­cern­ing the col­lec­tion and use of Per­son­al­ly Iden­ti­fi­able Infor­ma­tion from this Site. As more ful­ly described in our Pri­va­cy Pol­i­cy, (click here to view), you must dis­close cer­tain Per­son­al­ly Iden­ti­fi­able Infor­ma­tion to reg­is­ter for your Account and pur­chase prod­ucts or ser­vices from our Site. As a con­di­tion of reg­is­ter­ing with our Site or mak­ing any pur­chas­es of any prod­ucts and/or ser­vices, you rep­re­sent that you have first read our Pri­va­cy Pol­i­cy and con­sent to the col­lec­tion, use and dis­clo­sure of your Per­son­al­ly Iden­ti­fi­able Infor­ma­tion and non-per­son­al­ly iden­ti­fi­able infor­ma­tion as described in our Pri­va­cy Pol­i­cy. Our Pri­va­cy Policy’s terms and con­di­tions will change from time to time, and as a con­di­tion of brows­ing the Site, using any fea­tures or mak­ing any pur­chase, you agree that you will first review our Pri­va­cy Pol­i­cy pri­or to mak­ing any ini­tial or sub­se­quent pur­chas­es.

While Baby­WeightTV™ takes rea­son­able steps to safe­guard and to pre­vent unau­tho­rized access to your per­son­al infor­ma­tion, we can­not be respon­si­ble for the acts of those who gain unau­tho­rized access, and we make no war­ran­ty, express, implied, or oth­er­wise, that we will pre­vent unau­tho­rized access to your pri­vate infor­ma­tion. IN NO EVENT SHALL BABYWEIGHTTVOR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER BABYWEIGHTTVWAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

6. Dig­i­tal Down­loads. In addi­tion to the require­ments of Sec­tion 7 of these Terms and Con­di­tions, you must meet the fol­low­ing require­ments to down­load any video pro­grams, music, images, art­work, text, soft­ware and oth­er copy­rightable mate­ri­als (“Dig­i­tal Down­load­s”): (i) any Dig­i­tal Down­loads that you pur­chase may only be down­loaded to your Pri­ma­ry Com­put­er (defined below) or trans­ferred to Sec­ondary Com­put­ers (defined below) or Portable Devices (defined below), and (ii) you must first be a reg­is­tered user of this Site and in full com­pli­ance with this Terms of Use. If you are a mem­ber of the press and are down­load­ing pho­tographs from the Media Down­loads sec­tion of the Site for press pur­pos­es as per­mit­ted in Sec­tion 1 above, such Dig­i­tal Down­loaded pho­tographs are not restrict­ed to your Pri­ma­ry or Sec­ondary Com­put­ers or your Portable Devices. All Dig­i­tal Down­loads are sub­li­censed to end users and not sold, notwith­stand­ing use of the terms “sell,” “pur­chase,” “order,” or “buy” or sim­i­lar terms on the Site or in these Terms and Con­di­tions. Your Dig­i­tal Down­load sub­li­cense is nonex­clu­sive, non­trans­fer­able, non­sub­li­cens­able and lim­it­ed for use as per­mit­ted here­in.

Stan­dard Usage Rules. You may down­load Dig­i­tal Down­loads to a sin­gle reg­is­tered per­son­al com­put­er (“Pri­ma­ry Com­put­er”). You may then trans­fer the Dig­i­tal Down­load files and back­up license files to up to two (2) addi­tion­al per­son­al com­put­ers (“Sec­ondary Com­put­ers”) (but with­out rights to fur­ther trans­fer or copy from those Sec­ondary Com­put­ers). You may play the Dig­i­tal Down­loads an unlim­it­ed num­ber of times on your Pri­ma­ry Com­put­er and your Sec­ondary Com­put­ers. You shall be enti­tled to (A) burn (only from your Pri­ma­ry Com­put­er) Dig­i­tal Down­loads sole­ly for per­son­al, non-com­mer­cial use up to ten (10) times, and (B) export Dig­i­tal Down­loads (sole­ly from the Pri­ma­ry Com­put­er) an unlim­it­ed num­ber of times to a Portable Device (as defined below). The fore­go­ing are col­lec­tive­ly referred to as the “Stan­dard Usage Rules”, and togeth­er with any more restric­tive usage rules that may be imposed by cer­tain labels and licen­sors, the “Usage Rules”.

Dif­fer­ent Licen­sors May Require More Restrict­ed Usage Rules. Unfor­tu­nate­ly, cer­tain labels and licen­sors of dig­i­tal down­loads may require stricter usage rules than the Stan­dard Usage Rules. When applic­a­ble, we will iden­ti­fy these more restric­tive usage rules pri­or to your pur­chase of a Dig­i­tal Down­load that is sub­ject to any such restric­tive usage rule.

You may only down­load, trans­fer, copy and use the Dig­i­tal Down­loads as stat­ed in the par­tic­u­lar Usage Rules for that Dig­i­tal Down­load, which Usage Rules are here­by incor­po­rat­ed by ref­er­ence. No oth­er down­loads, trans­fers, copies or uses of Dig­i­tal Down­loads are per­mit­ted. All oth­er rights are reserved. As a con­di­tion of pur­chas­ing each Dig­i­tal Down­load, you rep­re­sent to BabyWeightTV™that you under­stand and agree to the lim­it­ed uses asso­ci­at­ed with a par­tic­u­lar Dig­i­tal Download’s Usage Rules. Dig­i­tal Down­loads must be down­loaded with­in 1 day of pur­chase, or such longer peri­od if so stat­ed on the applic­a­ble por­tion of the Site for the par­tic­u­lar Dig­i­tal Down­load. After this 24 hour (or longer) peri­od, down­load func­tion­al­ly expires.

Approved Elec­tron­ic Devices For Dig­i­tal Down­loads. The Dig­i­tal Down­loads are sub­li­censed for play only upon approved elec­tron­ic devices. “Approved Elec­tron­ic Devices” are sub­ject to the Usage Rules above and include the fol­low­ing: (i) the Pri­ma­ry Com­put­er and Sec­ondary Com­put­er reg­is­tered with this Site, and (ii) light­weight devices that receive and store sup­port­ed dig­i­tal files, and play them back in ana­log form, but which are inca­pable of fur­ther trans­fer­ring Dig­i­tal Down­loads (“Portable Devices”). WITHOUT LIMITING ANY PROVISION HEREIN BABYWEIGHTTVMAKES NO WARRANTY THAT ANY PARTICULAR COMPACT DISC BURNER WILL BE COMPATIBLE WITH ANY DIGITAL DOWNLOAD OR THAT ANY COMPACT DISC BURNED WILL FUNCTION IN ALL COMPACT DISC PLAYERS.

Pro­hib­it­ed Uses of Dig­i­tal Down­loads. You may not reverse engi­neer, decom­pile, dis­as­sem­ble, mod­i­fy or dis­able any copy pro­tec­tion or use lim­i­ta­tion sys­tems asso­ci­at­ed with any of the Dig­i­tal Down­loads. You may not play and then redig­i­tize any of the Dig­i­tal Down­loads, or upload those Dig­i­tal Down­loads to the Inter­net. You may not cre­ate any “deriv­a­tive works” by alter­ing any of the Dig­i­tal Down­loads. You may not use the Dig­i­tal Down­loads in con­junc­tion with any oth­er third-par­ty con­tent (e.g., to pro­vide sound for a film). You may not exploit any Dig­i­tal Down­load for any com­mer­cial pur­pos­es (includ­ing the sale of bun­dled Dig­i­tal Down­loads trans­ferred onto Approved Elec­tron­ic Devices). Unau­tho­rized dis­tri­b­u­tion or use of the Dig­i­tal Down­loads may sub­ject you to civ­il and/or crim­i­nal penal­ties as well as ter­mi­na­tion of your account and your access to the Site. You fur­ther agree to indem­ni­fy and hold harm­less Baby­WeightTV™ for your fail­ure to com­ply with this sec­tion.

Baby­WeightTV™ reserves the right to change at any time, with­out pri­or notice to you, the soft­ware required to down­load, trans­fer, copy and use or lim­it use of any of the Dig­i­tal Down­loads. The speed at which a Dig­i­tal Down­load can be trans­ferred to your reg­is­tered per­son­al com­put­er depends in large part upon the band­width of the con­nec­tion pro­vid­ed to you by your Inter­net Ser­vice Provider. You are respon­si­ble for all charges asso­ci­at­ed with use of your Inter­net Ser­vice.

7. Con­di­tions of Sale and Pay­ment Terms; Meth­ods of Pay­ment, Cred­it Card Terms and Tax­es. To pur­chase any goods and/or ser­vices on our Site, you must (a) be at least eigh­teen (18) years of age or the applic­a­ble state age of major­i­ty, and (b) be a nat­ur­al per­son (no cor­po­ra­tions, part­ner­ships or oth­er legal enti­ties). Pri­or to the pur­chase of any goods or ser­vices on our Site, you must pro­vide us with a valid cred­it card num­ber and asso­ci­at­ed pay­ment infor­ma­tion includ­ing all of the fol­low­ing: (i) your name as it appears on the card, (ii) your cred­it card num­ber, (iii) the cred­it card type, (iv) the date of expi­ra­tion and (v) any acti­va­tion num­bers or codes need­ed to charge your card. By sub­mit­ting that infor­ma­tion to us, you here­by agree that you autho­rize us to charge your card at our con­ve­nience but with­in thir­ty (30) days of cred­it card autho­riza­tion. Unless oth­er­wise set forth on the applic­a­ble por­tion of the Site for par­tic­u­lar prod­ucts or ser­vices, all sales of prod­ucts and ser­vices are final and all charges from those sales are non­re­fund­able.

Mem­ber­ship billing:

Subscription mem­ber­ships are billed month­ly and are renewed auto­mat­i­cal­ly. 6-Month and Child­bear­ing Year mem­ber­ships are billed bi-annu­al­ly and annu­al­ly, respec­tive­ly, and are renewed auto­mat­i­cal­ly. There is no min­i­mum oblig­a­tion, no refunds, and mem­bers may can­cel any­time. Mem­ber­ship must be can­celed pri­or to the renew­al date in order to end mem­ber­ship charges.

For any form of pay­ment we offer or accept, you here­by agree to all restric­tions, terms and con­di­tions asso­ci­at­ed with such form of pay­ment. Your card issuer agree­ment gov­erns your use of your des­ig­nat­ed card, and you must refer to that agree­ment and not these Terms and Con­di­tions to deter­mine your rights and lia­bil­i­ties as a card­hold­er. YOU, AND NOT BABYWEIGHTTV™, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in con­nec­tion with your pur­chas­es (includ­ing any applic­a­ble tax­es) at the rates in effect when the charges were incurred. Unless you noti­fy Baby­WeightTV™ of any dis­crep­an­cies with­in six­ty (60) days after they first appear on your cred­it card state­ment, you agree that they will be deemed accept­ed by you for all pur­pos­es. If Baby­WeightTV™ does not receive pay­ment from your cred­it card issuer or its agent, you agree to pay all amounts due upon demand by BabyWeightTV™or its agents. You are respon­si­ble for pay­ing any gov­ern­men­tal tax­es imposed on your pur­chas­es, includ­ing, but not lim­it­ed to, sales, use or val­ue-added tax­es. Baby­WeightTV™ shall auto­mat­i­cal­ly charge and with­hold the applic­a­ble sales tax for orders to be deliv­ered to address­es with­in Flori­da and any oth­er states or local­i­ties that it deems is required.

8. Order Accep­tance Pol­i­cy. Your receipt of an elec­tron­ic or oth­er form of order con­fir­ma­tion does not sig­ni­fy our accep­tance of your order, nor does it con­sti­tute con­fir­ma­tion of our offer to sell. Baby­WeightTV™ reserves the right at any time after receipt of your order to accept or decline your order for any rea­son. Baby­WeightTV™ fur­ther reserves the right any time after receipt of your order, with­out pri­or notice to you, to sup­ply less than the quan­ti­ty you ordered of any item. Your order will be deemed accept­ed by Baby­WeightTV™ upon ship­ment of prod­ucts or per­for­mance of ser­vices that you have ordered, or upon the com­ple­tion of the license and deliv­ery of a Dig­i­tal Down­load, as indi­cat­ed by our servers. Title to goods and all risk of loss pass­es to you upon deliv­ery to the com­mon car­ri­er. All orders placed over $1,000.00 (U.S.) must obtain pre-approval with an accept­able method of pay­ment, as estab­lished by our cred­it and fraud avoid­ance depart­ment. We may require addi­tion­al ver­i­fi­ca­tions or infor­ma­tion before accept­ing any order.

9. No Respon­si­bil­i­ty To Sell Mis­priced Prod­ucts Or Ser­vices. Baby­WeightTV™ shall have the right to refuse or can­cel any orders placed for prod­ucts and/or ser­vices list­ed at an incor­rect price, rebate or refund, or con­tain­ing any oth­er incor­rect infor­ma­tion or typo­graph­i­cal errors. Baby­WeightTV™ shall have the right to refuse or can­cel any such orders whether or not the order has been con­firmed and your cred­it card charged. If your cred­it card has already been charged for the pur­chase and your order is can­celed, Baby­WeightTV™ shall imme­di­ate­ly issue a cred­it to your cred­it card account in the amount of the charge.

10. Mod­i­fi­ca­tions to Prices or Billing Terms. BABYWEIGHTTVRESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.

11. Links. This Site may con­tain links to oth­er web­sites that are not con­trolled and/or main­tained by TV™. Access to and use of such oth­er web­sites is at your own risk and sub­ject to any terms, con­di­tions and pri­va­cy poli­cies that gov­ern such web­sites, which may be dif­fer­ent from those of Baby­WeightTV™ and/or which may pro­vide their users with less secu­ri­ty than this Site. By pro­vid­ing such links, BabyWeightTV™shall not be deemed to endorse, rec­om­mend, approve or guar­an­tee any third par­ties or their ser­vices or prod­ucts, or any facts, views, advice, infor­ma­tion and/or prod­ucts found on such web­sites. Baby­WeightTV™ is not respon­si­ble for the con­tent con­tained on any such sites, or for the fail­ure of any prod­uct or ser­vice offered for sale on any such sites or for any dam­ages that may result there­from. Copy­rights in the mate­ri­als or infor­ma­tion on the linked sites are owned by oth­er orga­ni­za­tions.

12. User Sub­mit­ted Con­tent. On cer­tain sec­tions of this Site, you may be per­mit­ted to post com­ments, infor­ma­tion, cre­ative works (includ­ing but not lim­it­ed to audio or audio­vi­su­al works) or oth­er mate­ri­als (“User Con­tent”). You acknowl­edge and agree that you are sole­ly respon­si­ble for any User Con­tent that you post. You fur­ther acknowl­edge and agree that Baby­WeightTV™ has no respon­si­bil­i­ty for, or own­er­ship of, any User Con­tent post­ed at this Site and will not be liable for any User Con­tent that is in vio­la­tion of these Terms and Con­di­tions. With respect to all User Con­tent that you post, you rep­re­sent and war­rant that: (i) the mate­r­i­al is either ful­ly orig­i­nal to you or that you have all nec­es­sary rights, licens­es and per­mis­sions need­ed to post the mate­r­i­al at this Site (includ­ing but not lim­it­ed to all copy­right and right of publicity/privacy rights), and to grant, and you here­by do grant, Baby­WeightTV™ and all users of this Site a world-wide, non-exclu­sive, roy­al­ty-free license that can be ful­ly assigned and sub-licensed, to use such User Con­tent in con­nec­tion with the use and pro­mo­tion of the Site; (ii) such User Con­tent will not infringe the rights of any per­son or enti­ty, or vio­late any gov­ern­men­tal rule, reg­u­la­tion statute or law, or the Terms and Con­di­tions; (iii) no mon­ey will be owing to any par­ty as a result of the post­ing of the User Con­tent or its use in con­nec­tion with this Site and/or the pro­mo­tion there­of; (iv) you will be respon­si­ble for all User Con­tent sub­mit­ted through your email address, and for all pur­pos­es under these Terms and Con­di­tions, all sub­mis­sions from your email address shall be deemed to have been sub­mit­ted by you.

Baby­WeightTV™ has no con­trol over, and does not endorse, any User Con­tent and express­ly dis­claims any and all lia­bil­i­ty in con­nec­tion with any User Con­tent. How­ev­er, in con­nec­tion with User Con­tent post­ed at this Site, in addi­tion to all oth­er rights it has under these Terms and Con­di­tions and at law or in equi­ty, Baby­WeightTV™ reserves the right in its sole and absolute dis­cre­tion, to: (i) remove with­out notice, or refuse to post in the first instance, any User Con­tent; and/or (ii) revoke any user’s right to use this Site.

Any User Con­tent sought to be post­ed at the Site must con­form, in the sole and exclu­sive opin­ion of Baby­WeightTV™, to the fol­low­ing rules and stan­dards. It must: (i) con­form to all applic­a­ble laws, (ii) be appro­pri­ate in the con­text of the gen­er­al pur­pos­es of the Site; (iii) not be obscene, porno­graph­ic, patent­ly offen­sive, hate­ful, abu­sive or pro­mote racism or dis­crim­i­na­tion of any kind; (iv) not pro­vide per­son­al infor­ma­tion relat­ed to the user sub­mit­ting such User Con­tent, or solic­it such infor­ma­tion from any oth­er user of the Site; (v) not involve or result in the trans­mis­sion of junk e-mail, unso­licit­ed mass e-mail­ings, “spam­ming,” “spim­ming” or “phish­ing;” (vi) not trans­mit or dis­trib­ute any poten­tial­ly harm­ful pro­grams such as Tro­jan hors­es, worms, virus­es, spy­ware or any mali­cious soft­ware or code; (vii) not con­tain any mate­r­i­al or images owned by any oth­er per­son or enti­ty unless the user sub­mit­ting such User Con­tent has obtained all nec­es­sary rights, licens­es and per­mis­sions need­ed to post the mate­r­i­al and have it used as con­tem­plat­ed by this Site; and (viii) be only for non-com­mer­cial pur­pos­es.

13. Pro­mo­tions, Sweep­stakes and Con­tests. On occa­sion, Baby­WeightTV™ or cer­tain adver­tis­ers or sup­pli­ers to this Site may elect to con­duct cer­tain pro­mo­tions, sweep­stakes or con­tests (col­lec­tive­ly, “Pro­mo­tions”) on this Site. Each such Pro­mo­tion may have spe­cif­ic rules and reg­u­la­tions, which will be made avail­able to users and which shall be deemed incor­po­rat­ed in and become a part of these Terms and Con­di­tions.

14. Copy­right Infringe­ment Pol­i­cy. Baby­WeightTV™ val­ues intel­lec­tu­al prop­er­ty and respects the intel­lec­tu­al prop­er­ty rights of oth­ers, and will remove mate­ri­als on its Site that infringe the copy­rights of oth­ers or that Baby­WeightTV™ has a good belief infringes, and may ter­mi­nate the offend­ing user’s account priv­i­leges. If you believe that your copy­right­ed mate­r­i­al may have been infringed by mate­r­i­al con­tained on the Site, then pur­suant to Title 17, Unit­ed States Code, §512, you may noti­fy BabyWeightTV™‘s Des­ig­nat­ed Agent in writ­ing as follows:

Name of Des­ig­nat­ed Agent: Micky Morrison
Address: Body Works Media, LLC
87200 Over­seas Hwy #A-10,
Islamorada, FL, 33036.


Telephone num­ber: 305–517-7337.
Electronic Mail Address: copyrightadministrator@BabyWeighttv.com

In your notice, you must include the following:

(i) a phys­i­cal or elec­tron­ic sig­na­ture of the own­er of an exclu­sive right that is alleged­ly being infringed or of a per­son autho­rized to act on behalf of such owner;

(ii) iden­ti­fi­ca­tion of the copy­right­ed work(s) that is (are) alleged­ly being infringed;

(iii) iden­ti­fi­ca­tion of the mate­ri­als that are alleged­ly caus­ing the infringe­ment and that are desired to be removed, along with suf­fi­cient infor­ma­tion to allow us to locate such materials;

(iv) con­tact infor­ma­tion (i.e., name, address, email address) suf­fi­cient to enable Baby­WeightTV™ to con­tact you;

(v) a state­ment to the effect that you have a good faith belief that the com­plained of use of the mate­r­i­al was not autho­rized by the own­er of the copy­right, its agent or the law; and

(vi) a state­ment that the infor­ma­tion in the noti­fi­ca­tion is accu­rate, and under penal­ty of per­jury, that you are the copy­right own­er or autho­rized to act on behalf of the own­er of the exclu­sive right that is alleged­ly being infringed.

15. Additional/Different Terms. Cer­tain pages or sec­tions of this Site may con­tain terms and con­di­tions of use which are in addi­tion to or dif­fer­ent from these Terms and Con­di­tions. For exam­ple, cer­tain Pro­mo­tions or con­tent that is des­ig­nat­ed as “pre­mi­um” or “spe­cial” con­tent may only be made avail­able to users of the Site that con­sent to BabyWeightTV™‘s shar­ing of their Per­son­al­ly Iden­ti­fi­able Infor­ma­tion with the spon­sors of such Pro­mo­tions and/or adver­tis­ers appear­ing on such con­tent pages. In the event that there is a con­flict between such addi­tion­al and/or dif­fer­ent terms and con­di­tions of use and these Terms and Con­di­tions, the addi­tion­al and/or dif­fer­ent terms and con­di­tions of use will gov­ern with respect to those spe­cif­ic pages or sec­tions to which they apply.

16. Lim­i­ta­tion of Lia­bil­i­ty and Use Dis­claimer. Baby­WeightTV™ is not respon­si­ble for any dam­ages or loss relat­ed to the use of this Site or down­loads, prod­ucts or ser­vices from this Site. THIS SITE, ALL MATERIAL CONTAINED ON THIS SITE, DIGITAL DOWNLOADS, AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTEDAS ISAND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT THE SITE, ITS FEATURES AND FUNCTIONS, WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO WARRANTIES WITH RESPECT TO THE SITE OR THE MATERIALS, PRODUCTS OR SERVICES CONTAINED HEREON OR DOWNLOADED HEREFROM INCLUDING BUT NOT LIMITED TO NO WARRANTIES REGARDING TITLE, SECURITY, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. ANY INFORMATION CONTAINED WITHIN THIS SITE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING WITHOUT NOTICE AT ANY TIME. BABYWEIGHTTVRESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THE PAGES OF THIS SITE WITHOUT NOTICE AT ANY TIME AND ACCEPTS NO RESPONSIBILITY FOR THESE PAGES NOT BEING AVAILABLE AT ALL TIMES. BABYWEIGHTTVAND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, CONSEQUENTIAL, DIRECT, INDIRECT AND/OR SPECIAL DAMAGES, THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS SITE OR ANY MATERIALS, PRODUCTS OR SERVICES CONTAINED HEREON OR DOWNLOADED HEREFROM, FROM ANY COMPUTER VIRUS, DELAY OR MALFUNCTION, FROM THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIAL OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BABYWEIGHTTVHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS AND CONDITIONS OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT BABYWEIGHTTVSHALL HAVE IS LIMITED TO ANY AMOUNTS YOU ACTUALLY PAID TO BABYWEIGHTTV™. ORDER INFORMATION SUCH AS A BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY BABYWEIGHTTV™. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THESE TERMS AND CONDITIONS) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

Cer­tain juris­dic­tions pro­hib­it the lim­i­ta­tion of lia­bil­i­ty for cer­tain types of dam­ages, and accord­ing­ly, such lim­i­ta­tions may not apply to you. In such juris­dic­tions, BabyWeightTV™‘s lia­bil­i­ty is lim­it­ed to the great­est extent allow­able under applic­a­ble law.

17. Trans­mit­ting, Stream­ing and Down­load­ing. Baby­WeightTV™ is not respon­si­ble for any dam­ages incurred as a result of any inter­rup­tion, trans­mis­sion black­out, delayed trans­mis­sion or incor­rect data trans­mis­sion over the Inter­net.

Baby­WeightTV™ does not war­rant or rep­re­sent that this Site will meet your require­ments, that access or stream­ing or down­load­ing of Dig­i­tal Down­loads will not be inter­rupt­ed or delayed, that there will be no fail­ures, errors or omis­sions or loss of trans­mit­ted infor­ma­tion, that no virus­es will be trans­mit­ted or that no dam­age will occur to your com­put­er sys­tem.

18. Indem­ni­ty. You agree to indem­ni­fy, defend and hold harm­less Baby­WeightTV™, its par­ent, sub­sidiary and affil­i­at­ed enti­ties, and each of their respec­tive own­ers, offi­cers, direc­tors, employ­ees and agents from and against any and all claims, demands, loss­es, lia­bil­i­ties, dam­ages, costs and expens­es (includ­ing but not lim­it­ed to attor­neys’ fees) aris­ing from or in con­nec­tion with: (i) your use of the Site or Mate­ri­als (whether on the Site, streamed or down­loaded); (ii) any vio­la­tion by you of these Terms and Con­di­tions or your vio­la­tion of any law, reg­u­la­tion or third-par­ty right; and/or (iii) any User Con­tent sub­mit­ted by you to the Site. You agree that your rep­re­sen­ta­tions and war­ranties, and your oblig­a­tion to indem­ni­fy Baby­WeightTV™, shall sur­vive beyond any term that these Terms and Con­di­tions are in effect.

19. Elec­tron­ic Com­mu­ni­ca­tions. When you com­mu­ni­cate with Baby­WeightTV™ elec­tron­i­cal­ly, via email or oth­er­wise, when you set up an Account with Baby­WeightTV™, and each time you make a pur­chase from, or stream or down­load a Dig­i­tal Down­load from, the Site, you con­sent to receive elec­tron­ic com­mu­ni­ca­tions from Baby­WeightTV™. You agree that all com­mu­ni­ca­tions (includ­ing, but not lim­it­ed to all notices, agree­ments and dis­clo­sures) pro­vid­ed to you elec­tron­i­cal­ly by Baby­WeightTV™ sat­is­fy any legal require­ment that such com­mu­ni­ca­tion be in writ­ing. If you receive mar­ket­ing e-mails from Baby­WeightTV™ and wish to opt out, you may send an e-mail to us at unsubscribe@BabyWeighttv.com or fol­low the opt-out pro­ce­dures set forth in such mar­ket­ing e-mails.

20. Changes in Pol­i­cy. From time to time, the poli­cies set forth in these Terms and Con­di­tions may change. We will post changes to the Terms and Con­di­tions at this Site, and any changes will become effec­tive imme­di­ate­ly upon being post­ed unless we tell you oth­er­wise. Please review these Terms and Con­di­tions often so that you will remain abreast of our cur­rent poli­cies. Your use of this Site, includ­ing any pur­chas­es you may make from the Site or any stream­ing or down­load­ing of a Dig­i­tal Down­load from the Site, sub­se­quent to any amend­ment of these Terms and Con­di­tions will sig­ni­fy your accep­tance of, and assent to, its revised terms and that such revised terms shall be applic­a­ble.

21. Acqui­si­tion of Busi­ness. In the event that Baby­WeightTV™ is involved in a merg­er, acqui­si­tion, con­sol­i­da­tion, restruc­tur­ing, reor­ga­ni­za­tion, liq­ui­da­tion, sale or sim­i­lar trans­ac­tion relat­ing to any por­tion of its busi­ness and/or assets, you here­by acknowl­edge and agree that this Site, all data col­lect­ed on this Site, and all of BabyWeightTV™‘s rights here­un­der may be includ­ed in the assets of, and/or trans­ferred pur­suant to, such trans­ac­tion. If that occurs, BabyWeightTV™will post a notice to such effect on this Site.

22. Con­tact Us. If you have any ques­tions con­cern­ing the Site or any of the poli­cies set forth in these Terms and Con­di­tions, please con­tact us at:

Body Works Media, LLC
87200 Over­seas Hwy. #A-10,
Islamorada, FL, 33036

Attn.: Micky Morrison

info@BabyWeighttv.com

23. Applic­a­ble Law/Dispute Pro­ce­dures. Use of this Site and these Terms and Con­di­tions shall be gov­erned by the laws of the State of Flori­da, with­out regard to its con­flict of law pro­vi­sions. Any dis­pute con­cern­ing your use of this Site shall be sub­mit­ted to bind­ing arbi­tra­tion in Flori­da with­in one (1) year from the date that the cause of action arose (or, if mul­ti­ple caus­es of action are involved, from the date that the first cause of action arose), with such arbi­tra­tion con­duct­ed pur­suant to the then pre­vail­ing rules of the Amer­i­can Arbi­tra­tion Asso­ci­a­tion. To the fullest extent per­mit­ted by law, no arbi­tra­tion brought pur­suant to these Terms and Con­di­tions shall be joined to any oth­er arbi­tra­tion ini­ti­at­ed pur­suant to these Terms and Con­di­tions.

Notwith­stand­ing any­thing to the con­trary set forth in these Terms and Con­di­tions, Baby­WeightTV™ may at any time seek injunc­tive or oth­er appro­pri­ate relief against you and/or against oth­ers, in any state or fed­er­al court in the state of Flori­da, in the event that Baby­WeightTV™ believes that you have vio­lat­ed or threat­ened to vio­late any of BabyWeightTV™‘s intel­lec­tu­al prop­er­ty rights and you here­by con­sent to the exclu­sive juris­dic­tion and venue of such courts.

In the event that any por­tion of these Terms and Con­di­tions are deemed unen­force­able, unlaw­ful or void by a court of com­pe­tent juris­dic­tion, in any juris­dic­tion for any rea­son because of the scope, dura­tion or area of its applic­a­bil­i­ty or for oth­er rea­sons, unless nar­rowed by con­struc­tion, such pro­vi­sion shall for pur­pos­es of such juris­dic­tion only, be con­strued as if such invalid, pro­hib­it­ed or unen­force­able pro­vi­sion had been more nar­row­ly drawn so as not to be invalid, pro­hib­it­ed or unen­force­able (or if such lan­guage can­not be drawn nar­row­ly enough, the court mak­ing any such deter­mi­na­tion shall have the pow­er to mod­i­fy, to the extent nec­es­sary to make such pro­vi­sion or pro­vi­sions enforce­able in such juris­dic­tion, such scope, dura­tion or area or all of them, and such pro­vi­sion shall then be applic­a­ble in such mod­i­fied form). If, notwith­stand­ing the fore­go­ing, any such pro­vi­sion would be held to be invalid, pro­hib­it­ed or unen­force­able in any juris­dic­tion for any rea­son, such pro­vi­sion, as to such juris­dic­tion only, shall be inef­fec­tive to the extent of such inva­lid­i­ty, pro­hi­bi­tion or unen­force­abil­i­ty, with­out inval­i­dat­ing the remain­ing pro­vi­sions. No nar­rowed con­struc­tion, court-mod­i­fi­ca­tion or inval­i­da­tion of any pro­vi­sion shall affect the con­struc­tion, valid­i­ty or enforce­abil­i­ty of such pro­vi­sion in any oth­er juris­dic­tion. No waiv­er by BabyWeightTV™of any term or con­di­tion of these Terms and Con­di­tions shall be deemed a fur­ther or con­tin­u­ing waiv­er of such term or of any oth­er term, and BabyWeightTV™‘s fail­ure to assert any right or demand com­pli­ance with any pro­vi­sion of these Terms and Con­di­tions shall not be deemed to con­sti­tute a waiv­er of any such right or pro­vi­sion.

Copy­right 2013 Body Works Media LLC Baby­WeightTV™ and the Baby­WeightTV™ logo (or any oth­er applic­a­ble mark) are trade­marks or reg­is­tered trade­marks of Body Works Media LLC. All oth­er marks are either trade­marks or reg­is­tered trade­marks of their respec­tive own­ers. All rights reserved.