Thank you for your interest in the Biggest Loser Club, a subscription-based online diet and fitness program provided by Rodale Inc. in conjunction with NBC. The Biggest Loser Club takes the lifestyle modification and dramatic weight-loss approach of NBC's hit unscripted show, The Biggest Loser, and adapts it for home use with a customized diet and exercise regimen based on your weight loss goals.
For a periodic subscription fee, you'll gain full access to a powerful and customizable online weight loss program that includes: progress tracking and reporting; community features where members can connect and share stories and tips, as well as ask for advice from Club diet and fitness experts; tools to get prescribed daily meal plans, print weekly shopping lists, log foods, track nutritional intake, and access to a wealth of the recipes and insightful articles; recommended fitness workouts, with the ability to log and track exercise activity; and other features that come with Club membership. You'll be charged the first subscription fee. Your subscription will automatically renew one, three, or twelve months after the date you signed up, depending on the subscription plan chosen, and then on an ongoing basis for membership and billing on the same periodic basis. You can cancel at any time, in which case you won't be refunded the subscription charge for the current subscription period, but you'll have member access through the end of that period and won't be billed again. There is no minimum membership period.
Biggest Loser Club details and terms of membership are provided below, so please take a moment to review them before you sign up and begin your life-changing weight loss transformation!
Rodale Inc. ("Rodale", "us", "our", "we ") maintains this Internet site together with other Internet sites ("Sites") as a service to you and the Internet community. Unless otherwise noted, the content (images and text) ("Content") is the property of Rodale and protected by United States and international intellectual property laws. As a user of the Sites, you agree that you shall download and/or use Content solely for your personal, non-commercial use. You agree to all of the terms and conditions set forth herein and will not use the Sites until and unless you have agreed to these terms and conditions. You may not use the Content in any matter inconsistent with this Member Agreement ("Agreement") or applicable law, and you may not copy, modify or alter the Content without Rodale express prior written consent. Please note that the BIGGEST LOSER CLUB service and Website are not available or intended for use by residents of the province of Quebec, Canada.
Medical Information
Offer, Payment and Billing Terms
Message Boards, Email, Monitoring Third Party Content
General Terms and Conditions
THE CONTENT AND OTHER INFORMATION PRESENTED ON THE SITES ARE FOR EDUCATIONAL PURPOSES ONLY. THE CONTENT IS NOT INTENDED AS A SUBSTITUTE FOR MEDICAL COUNSELING. BEFORE STARTING THIS OR ANY OTHER DIET OR FITNESS PROGRAM, CONSULT YOUR PHYSICIAN TO DETERMINE IF ONE OR MORE OF OUR DIET AND/OR FITNESS PROGRAMS ARE RIGHT FOR YOUR NEEDS. DO NOT START A DIET OR FITNESS PROGRAM WITH US IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. RODALE RESERVES THE RIGHT TO REFUSE OR CANCEL YOUR MEMBERSHIP OR USE OF THE SITES IF WE DETERMINE THAT YOU HAVE OR IF YOU INFORM US THAT YOU HAVE CERTAIN MEDICAL CONDITIONS. RODALE RESERVES THE RIGHT TO CANCEL YOUR MEMBERSHIP SHOULD YOU VIOLATE THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY OTHER POSTED POLICY ON THE SITES.
The process of becoming a member of the Sites (a "Member") requires entry of certain personal information and, among other conditions of membership, agreement with these Terms and Conditions in order to gain access to the Sites.
In becoming a Member with the intent of using the Sites, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or (B) your physician has specifically approved of your use of the Sites.
And in becoming a Member with the intent of using the Sites, you further affirm that either (A) all of the following statements are true: (i) you are not allergic to nuts, eggs, dairy products or any other foods; (ii) you are not presently following a diet plan provided to you by a physician or other medical professional for health reasons; and (iii) you have not been medically diagnosed as suffering from diabetes, hypoglycemia, heart disease, high cholesterol or high blood pressure; or (B) your physician has specifically approved your use of the Sites.
And if you are a woman, in becoming a Member with the intent of using the Sites you further affirm that either (A) you are not pregnant, breastfeeding or lactating or (B) your physician has specifically approved your use of the Sites.
You are advised that health, diet & fitness advice is often subject to updating and refining due to medical research and developments. No assurance can be given that the Content will reflect the most recent findings or developments with respect to the particular material. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition.
A. MEMBERSHIP TERM AND RENEWAL: The initial membership term is selected by the Member upon registration, committing that Member to a subscription of the time frame of his/her selection. Upon expiration of the initial membership term, unless you have agreed to three or twelve month membership terms, every membership is automatically converted to a month-to-month membership. You are financially responsible for all associated subscription fees until notice of cancellation is received by Rodale.
B. CANCELLATION POLICY: You may cancel your subscription after your initial registration, unless the offer you have selected specifically does not permit cancellation within a specified time period. You can cancel in one of three ways. To cancel online: log in to your account, click on the "My Account" page, and then click to cancel your membership. To cancel over the phone: call our Customer Service Team toll free at 1-800-914-9367 Monday through Friday between the hours of 9:00 AM and 6:00 PM EST. Please be advised that our Customer Service department is closed for the following holidays: New Year's Day (January 1); Memorial Day (last Monday in May); Independence Day (July 4); Labor Day (first Monday in September); Thanksgiving Day (fourth Thursday in November); the day after Thanksgiving; Christmas Eve (December 24); Christmas Day (December 25); and New Year’s Eve (December 31). To cancel via email: send a message to
customer_service@biggestloserclub.com. You will receive confirmation that your membership has been cancelled.
Upon cancellation, your account will be terminated effective at the end of the then current billing period and we in our sole discretion shall have the right but not the responsibility to delete all of the account information provided by you. You are only eligible to receive a refund of the initial membership fee if: 1) you sign up through the risk-free trial offer and if a cancellation request is actually received by us in accordance with this policy before 4:59 PM EST on the last day of the initial registration period; or 2) the specific offer you have chosen expressly allows for a refund, in which case you are eligible for a refund of a prorated portion of the initial membership fee as described in detail at the time of registration. If you signed up for the FREE GIFT(S) with SUBSCRIPTION PROMOTION and a cancellation is requested before the initial membership term is completed, you are entitled to a prorated portion of the membership fee for any unused month(s), but will be charged the advertised retail value of the free gift(s) at the time you initiated your membership. If your risk-free trial cutoff date/time falls during a time when our customer service line is closed, your trial period (and your time to cancel) shall be extended to 4:59 PM EST on the next business day that the customer service line is open (Monday if it occurs during the weekend) and if you cancel by such new extended deadline time, we will provide you with a full refund of your first month subscription fee (with no deduction for the extra day of service), per the terms above. If you are entitled to a refund under this provision, you will receive any refund due as a credit to your credit card account. If you do not sign up through the risk free trial offer or other special offer allowing for a refund, or if you decide to cancel your membership at any other time you WILL NOT receive a refund. Because we do not bill on a daily basis, canceling on a Friday versus a Monday will not mean that you are billed for additional days. We will confirm receipt of your cancellation request via email. We are under no obligation to cancel your account or provide any refund unless your cancellation request is actually received by it in accordance with this policy.
C. AUTOMATIC RENEWAL: After the initial membership term ends, membership will automatically renew on a periodic basis, of one, three or twelve month or thirteen week terms, depending on the offer you have chosen. Membership will renew on the day after the initial membership ends, and renew on the same date of the month at the beginning of the next membership period thereafter. You may cancel your subscription at any time in accordance with Section B above. There is no minimum number of membership terms that you must purchase. Cancellations must be made in accordance with the instructions in Section B above.
After your initial membership term, your credit card will be automatically charged on monthly basis for as long as you remain a Member. You agree that we are not obligated to send you any renewal or advance billing notices indicating that your credit card will be or has been charged.
D. PAYMENT AND BILLING POLICIES: PLEASE NOTE THAT WE ONLY ACCEPT CREDIT CARD PAYMENTS AND DO NOT ACCEPT DEBIT CARD PAYMENTS AT THIS TIME. YOU AGREE TO NOTIFY RODALE IMMEDIATELY IN WRITING OR VIA EMAIL (AT
customer_service@biggestloserclub.com) IF YOU DISCOVER THAT THE CARD NUMBER YOU PROVIDED TO RODALE WHEN YOU REGISTERED FOR MEMBERSHIP IS A DEBIT CARD NUMBER.
Certain products or Services may be offered for sale on the Sites. In the event you wish to purchase or to subscribe for any of these products or Services, you will be asked by Rodale to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide Rodale with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchases. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.
If you open a subscription account on any of the Sites, you hereby agree to pay all charges to your account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. Rodale reserves the right to change the amount of, or basis for determining, any fees or charges, and to institute new fees, charges or terms effective upon notice to Members.
Your right to use the Sites or a specific product is conditional upon our receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately and without notice, either suspend or terminate your access and account, thereby terminating all of Rodale's obligations under this Agreement. You are required to pay any amounts still owed to us at the time your account is suspended or terminated.
To review the billing terms of your account, you may email
customer_service@biggestloserclub.com.
E. SPECIAL OFFERS: From time to time, the following special offers, among others, may be made by Rodale. The listing of these offers does not indicate that they are available to you now or that they will ever be made to you or any other Members or potential Members. These offers shall only be available to you if you receive a valid offer from Rodale. If you have agreed to one of these special offers, the following terms and conditions apply
i. RISK FREE TRIAL (WEEKLY BILLING): Limited Time "Risk Free Trial" Subscription offers of specific durations are subject to the terms and conditions as follows: 1. These limited time period risk free trial subscriptions are available either through a dedicated landing page or based on a "gift code"; a gift code may be given directly to you to enter on the site, or encrypted in a unique URL you use to access the site - if the offer is made with a gift code, the code is designed for one-time use and expires when you register to become a member of the site. 2. To accept the risk free trial subscription promotion, you will be required to provide a credit card and you must register as a member of the site, including choosing an account username and password that will be assigned to your account. 3. Acceptance of this offer allows you to cancel your membership during the risk free trial period of the first subscription period and your credit card will not be charged. 4. Cancellations are controlled by Section B above. 5. If you do not cancel, the credit card you have provided will be charged a weekly membership fee, billed quarterly (every 13 weeks), with a 4-week minimum commitment and your subscription will automatically renew per the terms outlined in Section C above after your initial membership term. 6. If, at any time, you are entitled to a refund, you will receive any refund due as a credit to your credit card account. 7. Of course, you may cancel your membership at any time during any subscription period; however, NO REFUNDS will be given except as expressly outlined herein and in Section B above.
ii. RISK FREE TRIAL (MONTHLY BILLING): Limited Time "Risk Free Trial" Subscription offers of specific durations are subject to the terms and conditions as follows: 1. These limited time period risk free trial subscriptions are available either through a dedicated landing page or based on a "gift code"; a gift code may be given directly to you to enter on the site, or encrypted in a unique URL you use to access the site - if the offer is made with a gift code, the code is designed for one-time use and expires when you register to become a member of the site. 2. To accept the risk free trial subscription promotion, you will be required to provide a credit card and you must register as a member of the site, including choosing an account username and password that will be assigned to your account. 3. Acceptance of this offer allows you to cancel your membership during the risk free trial period of the first subscription period and your credit card will not be charged. 4. Cancellations are controlled by Section B above. 5. If you do not cancel, the credit card you have provided will be charged a weekly membership fee, billed on a periodic basis, of one, three or twelve month or thirteen week terms, depending on the offer you have chosen and your subscription will automatically renew per the terms outlined in Section C above after your initial membership term. 6. If, at any time, you are entitled to a refund, you will receive any refund due as a credit to your credit card account. 7. Of course, you may cancel your membership at any time during any subscription period; however, NO REFUNDS will be given except as expressly outlined herein and in Section B above.
iii. FREE MONTH(S) SUBSCRIPTION PROMOTIONS Limited Time "Free" Subscription offers are subject to the terms and conditions as follows: 1. These limited time period free subscriptions are available based on a "gift code"; a gift code may be given directly to you to enter on the site, or encrypted in a unique URL you use to access the site - in either case, the code is designed for one-time use and expires when you register to become a member of the site. 2. To accept such a free limited time subscription promotion, you will not be required to provide a credit card or any other payment, but you must register as a member of the site, including choosing an account username and password that will be assigned to your account. 3. Use of the gift code entitles you to free full membership on the site for a limited period of time (the specific time period will depend on the specific offer), and your free membership will expire at the end of that period - unless you renew your membership, you will no longer have access to the member section of the site once the free membership period has ended. 4. Prior to the end of your free subscription period, we will contact you with invitations to continue your membership beyond the end of the free time period. 5. If you have not agreed to renew prior to the end of your free time period, on your next visit to the member section of the site, you will be asked to provide a credit card to continue your membership for the price and terms set forth under a new, fee-based subscription offer. You will be billed for the amount required pursuant to that new offer as soon as you accept the new offer. Your subscription will then automatically renew per the terms outlined in Section C above. 6. Of course, you may cancel your membership at any time during your free subscription period, however, NO REFUNDS will be granted for the free subscription period set forth in your offer. Once your free subscription period ends, if you choose to convert to a paid membership, the cancellation policy outlined in Section B above applies.
iv. "2 MONTH RENEWAL" The "2 Month Renewal" offer is subject to the terms and conditions as follows: 1. The "2 Month Renewal" offer is time limited and must be activated within 14 days of the offer email send date. 2. To accept the "2 Month Renewal" promotion, you must provide the account username and password assigned to your account. 3. If you elect to accept the offer, your account will be altered to reflect the options chosen as soon as payment has been made. 4. The "2 Month Renewal" offer will provide an additional 2 months of the service for the price set forth in the email offer to Members. The offer will be valid for a period of 14 days, at which point the offer will become inactive. For those Members who take advantage of the offer, 2 months will be added to their membership term. You will be billed as soon as you accept the offer. In consideration for the reduced price, NO REFUNDS will be granted for the "2 Month Renewal" program once the offer has been accepted.
v. 3 MONTH AND 12 MONTH RENEWALS" The "3 Month and 12-month Renewal" offer will provide access to the Sites for the price set forth in the offer. This offer is available to current Members. You will be billed as soon as you accept the offer. In consideration for the reduced price, NO REFUNDS will be granted for the "3 Month and 12-month Renewal" program once the offer has been accepted. vi. REFER A FRIEND PROMOTION The Refer a Friend option will add 1 free month to the referring Member's account after the individual referred is a paid Member for one month. In order for the free month to be credited to you, the code provided to the referring member in the promotional offer MUST be entered by the referee (friend) during their registration process. No exceptions will be made.
vii. NO CREDIT CARD PROMOTION The "No Credit Card" offer allows you access to the Sites for 10 Days. During that time, you must sign up for either a 3-month or 12-month program by submitting a valid credit card in the Subscription Information portion of the Account Info area. If the user does not sign up for either of these plans, their programs will be disabled until a valid credit card is submitted.
viii. FREE GIFT(S) with SUBSCRIPTION PROMOTIONS. Limited Time Free Gift(s) with Subscription offers are subject to the terms and conditions as follows: 1. These limited time period free gift(s) with subscription offers are available based on a "offer code"; an offer code may be given directly to you to enter on the Site, or encrypted in a unique URL you use to access the Site - in either case, the code is designed for one-time use and expires when you register to become a member of the Site. 2. To accept such a limited time free gift(s) with subscription promotion, you are required to provide a credit card and you must register as a member of the Site, including choosing an account username and password that will be assigned to your account. 3. Use of the offer code entitles you to a free gift or gifts, as indicated in the offer (Rodale reserves the right to substitute a gift of equal or greater value), when you pay in full, in advance for a subscription to the Site at the regular or discounted price and for the term disclosed in the offer. 4. Your subscription will automatically renew after the initial period for additional terms per the terms outlined in Section C above until you cancel. 5. This Offer is only open to residents of the U.S and Canada. 6. Of course, you may cancel your membership at any time by following the cancellation policy outlined in Section B above applies.
ix. FREE MONTH(S) WHEN YOU SUBSCRIBE PROMOTIONS. Limited Time free month(s) when you subscribe offers are subject to the terms and conditions as follows: 1. These limited time period subscription offers are available based on a "offer code"; an offer code may be given directly to you to enter on the Site, or encrypted in a unique URL you use to access the Site - in either case, the code is designed for one-time use and expires when you register to become a member of the Site. 2. To accept this limited time subscription promotion, you will be required to provide a credit card, and you must register as a member of the Site, including choosing an account username and password that will be assigned to your account. 3. Use of the offer code entitles you to a free month(s) of full membership on the Site, when you pay in full, in advance for the subscription period indicated of Site membership at the regular or discounted price disclosed in the offer. 4. Your subscription will automatically renew after the initial subscription term per the terms outlined in Section C above until you cancel. 5. Of course, you may cancel your membership at any time by following the cancellation policy outlined in Section B above applies, however NO REFUNDS will be offered for any amounts paid for these offers.
x. BILL FOR SERVICE PROMOTIONS. Limited Time Bill for Service promotions are subject to the terms and conditions as follows: 1. These limited time period subscription offers are available based on a "offer code"; an offer code may be given directly to you to enter on the Site, or encrypted in a unique URL you use to access the Site - in either case, the code is designed for one-time use and expires when you register to become a member of the Site. 2. To accept this limited time subscription promotion, you will be required to provide an accurate, current billing address, and you must register as a member of the Site, including choosing an account username and password that will be assigned to your account. 3. Use of the offer code entitles you to full membership on the Site, when you agree to pay in full for the subscription period indicated of Site membership at the regular or discounted price disclosed in the offer. 4. Your subscription will automatically renew after the initial subscription term per the terms outlined in Section C above until you cancel and you will continue to receive periodic bills for the service. 5. Of course, you may cancel your membership at any time by following the cancellation policy outlined in Section B above applies, however NO REFUNDS will be offered for any amounts paid for these offers.
A. MESSAGE BOARDS: Message Boards on the Sites will contain information that can be posted and viewed by anyone on the Sites and the Internet. Rodale does not endorse any information posted on the Message Boards. Please consult a physician or other relevant expert (depending on the nature of the information) before practicing anything you read on the Message Boards or using any information from the Message Boards. Rodale is not responsible for the information posted on the Message Boards or for editing any factual errors or making any type of corrections to information presented on the Message Boards. Any action taken by a viewer of the Message Boards based on information presented on the Message Boards is at your own risk and could be dangerous or life-threatening.
In using our Message Boards you agree to follow our Community Guidelines that includes these provisions:
Respect everyone's opinions. Even though you might not agree with someone, that doesn't mean they are wrong or deserve to be belittled. Remember that what works for you may not work for everyone else. Give everyone the same courtesy you would expect in return. No profanity or explicit content. No posts, including pictures that might be considered "inappropriate". No posts that could be interpreted as threatening or harassment. No third party solicited advertising or product promotion is permitted (although you may recommend third party products). Rodale has the right to remove a post if it does not meet these standards, but not the obligation to do so. You have the right to edit any of your posts. If you have started a thread (such as a journal) that you want to close, please post a message indicating "THREAD CLOSED". We do not typically delete threads on request. Understand that posts made by members do not necessarily reflect the views of Rodale and should not be taken as medical advice. Posts submitted to the Sites' Message Boards are not considered confidential. These posts may be used by Rodale for any purpose without requiring permission from the originator.
B. EMAIL RULES: Some of our members will make their email addresses available if they wish to converse with others users with similar interests and/or goals. If you use this information, you agree not to transmit "spam" or other unwanted solicitations, or any material that is harassing, threatening, racially offensive, obscene, abusive, harmful, defamatory, invasive of another's privacy, infringing of another's intellectual property rights, or illegal. Members found using email information in this manner may, at the sole discretion of Rodale, have their Membership cancelled without notice. Rodale is not responsible for the content of email messages sent by its members or from a third party.
C. MONITORING: Notwithstanding anything to the contrary herein, Rodale has no obligation whatsoever to monitor any of the content or postings on the Message Boards or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our Members, sponsors, users and visitors.
Materials posted and/or uploaded to the various public forums may be subject to size and usage limitations. You are responsible for adhering to such limitations.
D. THIRD PARTY CONTENT: Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties on the Sites or on sites that are linked to the Sites, including information providers, are those of the respective third parties, and not Rodale. Rodale does not guarantee the accuracy, completeness, or usefulness of any third party content. Furthermore, Rodale neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites or on any site that might be linked to the Sites by anyone other than an authorized Rodale representatives acting in their official capacity.
A. MINIMUM AGE REQUIREMENTS: You must be 18 years of age or older to sign up for this program.
B. PERSONALLY IDENTIFIABLE INFORMATION:
i. At certain points in using the Sites, you will be asked to provide information to us. Rodale collects two types of information from you, personally identifiable and non-personally identifiable. The personally identifiable information that we collect may include but is not limited to, your first and last names, your street address (including the city, state and zip code), your telephone number and your credit card number. Non-personally identifiable information we collect includes, but is not limited to, your email address, your weight, your height, and your eating and fitness preferences. For information regarding Rodale's privacy policy see our privacy policy. You agree that you have read and understand this privacy policy and that you shall be bound by its terms and conditions as part of this Agreement.
ii. You agree that as part of the service provided on the Sites, you shall receive periodic email communications from Rodale. You affirmatively consent to receive those emails without regard to any previous request you might have made to opt-out of receiving additional emails. Because email communications are critical to the services provided on the Sites, you cannot maintain your subscription to the Sites and opt-out of receiving email from Rodale. Therefore, if you use the opt-out mechanism provided by Rodale in its privacy policy or in any subsequent email sent to you, Rodale shall have the right, but not the obligation, to terminate your account and, notwithstanding any other provision of this Agreement, shall not have the obligation to refund you any or all of your payments.
iii. You agree that Rodale may share your personally identifiable information and non-personally identifiable information with NBC without notice to you. Any personally identifiable information and/or non-personally identifiable information shared with NBC by Rodale shall be considered information shared by you directly with NBC and shall be governed by the terms of NBC's privacy policy. You agree that you have read and understand NBC's privacy policy and that you shall be bound by its terms and conditions as part of this Agreement.
C. SUBMISSION POLICY: By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, " Submission Materials") or by posting such Submission Materials on the Sites, you hereby grant to us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submission Materials in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you, the provider of the Submission Materials. The foregoing license to Rodale shall be considered fully paid-up and royalty free. In addition, under no circumstances shall Rodale have any obligation whatsoever to pay a fee to any subscriber or user in connection with the Submission Materials upon the occurrence of a transfer of all or any portion of Rodale's business through a merger, sale, transfer or license of all or substantially all of the assets of Rodale, nor shall the sale or barter of advertising or sponsorship on any of the Sites or any other product sales give rise to any obligation to pay a fee to Subscribers.
None of the Submission Materials disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on Rodale's part and we shall not be liable for any use or disclosure of any such Submission Materials.
D. ACCOUNTS, PASSWORDS and SECURITY: If any of the Sites require you to open an account, you must complete the registration process by providing Rodale with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to Rodale that is untrue, inaccurate, not current or incomplete, Rodale reserves the right to terminate this Agreement and your continued access and use of the Sites.
As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify Rodale immediately of any unauthorized use of your account or any other breach of security. Rodale will not be liable for any loss or damages of any kind that may arise as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by Rodale or another party due to someone else using your account or password.
E. PROMOTIONS: Rodale occasionally provides contests, sweepstakes, games and other Rodale or third party promotions on its Sites. The rules, regulations and procedures governing any of the foregoing promotions shall be accessible through a hyperlink displayed on the web page where the applicable promotion is located. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures. Please remember to read the rules carefully before participating.
F. LIMITED LICENSE: Rodale grants to you a limited personal, non-exclusive and non-transferable right and license to access the Sites and use the Services thereon. Unless otherwise specified in writing, the Services are for your personal and non-commercial use.
G. PROHIBITED ACTIVITIES: In connection with your use of the Sites, you acknowledge and agree that you will not:
i. copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Sites;
ii. access the Sites by any means other than through the standard industry-accepted or Rodale-provided or authorized interfaces;
iii. transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another's right of privacy or publicity;
iv. impersonate any person or entity, including without limitation, an Rodale official, forum leader, chat room monitor, guide or host, or falsely state or otherwise misrepresent your affiliation with such a person or entity;
v. post or transmit any material that contains a virus or corrupted data;
vi. delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
vii. use any of the Sites' communications features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous postings of repetitive text);
viii. post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation information such as opinions or notices, commercial or otherwise;
ix. violate any applicable local, state, national or international law;
x. upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
xi. delete or revise any material posted by any other person or entity;
xii. manipulate or otherwise display the Sites by using framing or similar navigational technology;
xiii. register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Rodale product or service if you are not expressly authorized by such party to do so; or
xiv. use the Sites for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Site in any manner that could damage, disable, overburden or impair Rodale's servers or networks, or interfere with any other user's use and enjoyment of the Sites. Furthermore, you may not attempt to gain unauthorized access to any of the Sites, services, accounts, computer systems or networks connected to Rodale through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites.
H. DISCLAIMER OF WARRANTIES: THE SITES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITES AND SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RODALE AND ITS AFFILIATES, SUPPLIERS AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE, (iii) THAT DEFECTS WILL BE CORRECTED, (iv) THAT THE SITES SHALL BE AVAILABLE WITHOUT DELAY, FAILURE, INTERUPTION OR CORRUPTION DUE TO LOCAL EXCHANGES, INTER-EXCHANGES, CARRIER LINES, ROUTES, SWITCHES AND OTHER EQUIPMENT OWNED BY THIRD-PARTIES or (v) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SITES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITES IS ENTIRELY AT YOUR OWN RISK.
I. RELEASE: YOU AGREE THAT NEITHER RODALE INC., NOR ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONSULTANTS, CONTENT PROVIDERS, PARTNERS OR SUPPLIERS ("RELEASED PARTIES"), SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITES. YOU FURTHER AGREE TO HEREBY AND FOREVER RELEASE AND WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST ANY RELEASED PARTIES FOR ANY AND ALL CLAIMS, CAUSES, DAMAGES OR LOSSES UNDER ANY THEORY OF LIABILITY (INCLUDING ATTORNEYS' FEES AND ASSOCIATED COSTS AND EXPENSES) ARISING FROM YOUR USE OF THE SITES. NOTWITHSTANDING THE FOREGOING, OUR TOTAL LIABILITY TO YOU BY ANY RELEASE PARTY SHALL NOT EXCEED THE FEES PAID BY YOU TO US DURING YOUR MEMBERSHIP. IN ADDITION, SHOULD YOUR CLAIM ARISE FROM A PURCHASE MADE ON OR THROUGH OUR SITES, OUR TOTAL DAMAGES SHALL NOT EXCEED THE COST OF THE PRODUCT OR SERVICE PURCHASED (LESS SHIPPING AND HANDLING).
J. LIMITATION OF LIABILITY: YOU EXPRESSLY AGREE AS A CONDITION OF USING THE SITES THAT NEITHER RODALE NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITES; (ii) ANY CONTENT CONTAINED ON THE SITES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITES, or (vii) ANY OTHER MATTER RELATING TO THE SITES. IN NO EVENT SHALL RODALE'S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], STATUTORY, OR OTHERWISE) EXCEED THE FEES PAID BY YOU TO US DURING YOUR MEMBERSHIP. IN ADDITION, SHOULD YOUR CLAIM ARISE FROM A PURCHASE MADE ON OR THROUGH OUR SITES, OUR TOTAL DAMAGES SHALL NOT EXCEED THE COST OF THE PRODUCT OR SERVICE PURCHASED (LESS SHIPPING AND HANDLING).
K. NOTICES: Rodale may deliver notice to you under this Agreement or any other published policy on the Sites by email, a general notice published on the Sites or by first class U. S. Mail to the street address provided by you at the time you become a member. Rodale will never request any personally identifiable information from you via electronic or postal mail. If you receive an email or postal mail that purports to be from us that requests personally identifiable information from you, and specifically, your credit card number, please do not reply to that email or request. You may give notice to us via email, by certified U.S. Mail postage prepaid or by nationally recognized overnight courier to the following address:
Rodale Inc. 33 E. Minor Street Emmaus, PA 18098 Attn: General Counsel
L. GEOGRAPHIC LIMITS OF SERVICE: Rodale makes no representation or warranty that the content and materials on the Sites are appropriate or available for use in locations outside the United States, its territories and possessions and Canada (excluding Quebec). Those who choose to access the Sites from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. Rodale reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Sites to any person, geographic area, or jurisdiction we so desire. The BIGGEST LOSER CLUB service and Website are not available or intended for use by residents of the province of Quebec, Canada.
M. TERMINATION: This Agreement shall remain effective until terminated in accordance with its own terms and conditions. You agree that Rodale, in its sole discretion, may terminate your password, account (in whole or in part), or use of the Sites, and remove and discard any content within the Sites, at any time and for any reason. You agree that any actions taken under this Paragraph may be effective without prior notice to you. In the event of termination, however, those portions of this Agreement that provide for continuing obligations on your part shall survive indefinitely.
N. ASSIGNMENT: You may not assign or transfer your rights or the license granted to you under this Agreement without Rodale express, prior written consent. Any attempt to assign or transfer your rights or license shall immediately terminate this Agreement and, notwithstanding anything to the contrary herein, you shall forfeit any amounts paid, without a right to a refund.
Rodale may assign its rights and interest in this Agreement or otherwise at any time and without notice to you or your consent.
O. MISCELLANEOUS TERMS AND CONDITIONS: This Agreement constitutes the entire agreement and understanding between you and Rodale and governs your use of the Sites, superseding any prior agreements between you and Rodale. This Agreement and the relationship between you and Rodale shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions. You and Rodale irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of Lehigh, in the Commonwealth of Pennsylvania, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of Rodale to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from this agreement and shall not affect the validity and enforceability of any remaining provisions. No waiver by Rodale of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.
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[SpA]Dolf
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What? Nevermind, just whatever.
I'd forgotten that song already...
