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 Downloadsâ€ 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.
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 BABYWEIGHTTV™ OR 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 BABYWEIGHTTV™ WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
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 BABYWEIGHTTV™ MAKES 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:â€¨â€¨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. BABYWEIGHTTV™ RESERVES 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:â€¨â€¨Name of Designated Agent: Micky Morrisonâ€¨Address: Body Works Media, LLCâ€¨87200 Overseas Hwy #A-10,â€¨Islamorada, FL, 33036.â€¨â€¨â€¨Telephone number: 305–517-7337.â€¨Electronic Mail Address: copyrightadministrator@BabyWeighttv.comâ€¨â€¨In your notice, you must include the following:â€¨â€¨(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;â€¨â€¨(ii) identification of the copyrighted work(s) that is (are) allegedly being infringed;â€¨â€¨(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;â€¨â€¨(iv) contact information (i.e., name, address, email address) sufficient to enable BabyWeightTV™ to contact you;â€¨â€¨(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; andâ€¨â€¨(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 DISTRIBUTED “AS IS” AND 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. BABYWEIGHTTV™ RESERVES 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. BABYWEIGHTTV™ AND 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 BABYWEIGHTTV™ HAS 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 BABYWEIGHTTV™ SHALL 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:â€¨â€¨Body Works Media, LLCâ€¨87200 Overseas Hwy. #A-10,â€¨Islamorada, FL, 33036â€¨â€¨Attn.: Micky Morrisonâ€¨â€¨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.