Terms and Conditions ('Legal-eez' page)

PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ANY AMENDMENTS THERETO, AND AGREE THAT YOU ARE AT LEAST 13 YEARS OF AGE AND ELIGIBLE TO USE THIS SITE. IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MUST USE THIS SITE ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN. IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE DO NOT USE THE SITE.

Welcome to Eat Wise and Exericse®.com and its related sites (the "Site"). These Terms of Use and any amendments thereto (the "Terms") govern your use of this Site and its related domains on which this document appears. The Terms may be changed in the future without further notice. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms. These Terms apply exclusively to your access to, and use of, the Site and do not alter in any way the terms or conditions of any other agreement you may have with Eat Wise and Exercise, Inc. for products, services, or otherwise. If you register for our Features, or Message Boards, additional rules, policies, and disclaimers may apply.

Medical

Information in the EAT WISE AND EXERCISE® WEBSITE, DVDs, and GUIDEBOOKS is not intended to treat, cure, or diagnose any medical condition. Consult your physician prior to starting this health program, and regularly thereafter.

Privacy Policy

Users of this Site should refer to EatWiseAndExercise.com's Privacy Policy for information about how Eat Wise and Exercise, Inc. uses and collects information. You agree that Eat Wise and Exercise, Inc. may disclose your personal information to a third party if Eat Wise and Exercise, Inc. believes in good faith that the law or legal process requires it, to protect the rights or property of Eat Wise and Exercise, Inc. or others, or as otherwise described in the Privacy Policy for EatWiseandExercise.com.

Product Information

For questions about the products on this Site, please use the customer service e-mail links found on each product page or section. For questions about orders placed through the Site, please use the customer service link in the e-mail receipt you receive.

Order and Payment Information

If you use the Site to purchase a product, payment must be received by Eat Wise and Exercise, Inc. prior to Eat Wise and Exercise, Inc.'s acceptance of an order, unless otherwise agreed by Eat Wise and Exercise, Inc in writing. Eat Wise and Exercise, Inc. may need to verify information you provide before Eat Wise and Exercise, Inc. accepts an order, and may cancel or limit an order any time after it has been placed, including but not limited to the event that a product is listed at an incorrect price due to typographical or other error. If payment already has been made and your order is canceled or limited, Eat Wise and Exercise, Inc. will refund any payment you made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. Eat Wise and Exercise, Inc. expressly conditions its acceptance of your order on your agreement to the Terms. In ordering products through the Site, you agree to provide only true, accurate, current, and complete information. You hereby certify that any e-mail account you provide to Eat Wise and Exercise Inc. is registered to you. Eat Wise and Exercise, Inc. shall have the right to bar your access to and use of the Site if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to Eat Wise and Exercise, Inc. You agree that if you are ordering or purchasing products on behalf of a company, that you have sufficient authority to bind that company to the Terms. You agree that your placement of an electronic order on the Site is sufficient to satisfy the Statute of Frauds, and no further writing is required. All prices displayed on the Site are quoted in U.S. dollars. Eat Wise and Exercise, Inc. may prohibit delivery to addresses outside the United States. Eat Wise and Exercise, Inc. will add shipping and handling fees and applicable sales/use tax. Eat Wise and Exercise, Inc. reserves the right without prior notice to discontinue or change specifications and prices on products offered on the Site without incurring any obligation to you. Products displayed on this Site are available while supplies last. Descriptions of, or references to, products not owned by Eat Wise and Exercise, Inc on the Site do not imply endorsement of that product, or constitute a warranty, by Eat Wise and Exercise, Inc.

Shipping Policies

We will make our best effort to process all orders within 72 hours and ship all orders within 5-7 business days. We ship all products Federal Express, USPS Priority, or UPS. These processing and shipping time tables are good faith estimates only as product availability may be limited and specific products may not be available for immediate shipment. Eat Wise and Exercise, Inc. is not liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. We will only ship exercise equipment to a physical address. We will ship DVDs to either physical address or P.O. Box. You will receive a tracking number via e-mail when your merchandise is shipped. If you do not receive your order within 30 days of your order confirmation notice, please e-mail us at help@eatwiseandexercise.com

Guarantee, Return, Refund – Policies

All products on this site carry a 30 day 100% customer satisfaction guarantee subject to the return and refund conditions stated below. In order to return merchandise you must first contact Eat wise and Exercise, Inc. by e-mail within 30 days of the original date of delivery at returns@eatwiseandexercise.com to obtain a Return Merchandise Authorization Number (RMA#). “Like New” merchandise may returned for refund with your original packing slip and (RMA#) clearly printed on the shipping label. Eat Wise and Exercise, Inc. reserves the right to decline any return where the product is not in “like new” condition. “Like New” means; that the return merchandise is undamaged and in its original condition, and that the merchandise is returned in its original packaging or carton along with any manuals, accessories, or other materials included in the original shipment. Eat Wise and Exercise, Inc. is not responsible for shipping costs and/or any damage incurred during shipping of your returned merchandise. Since we cannot provide credit for a return without confirming its receipt, we recommend that all returns be sent via Federal Express, UPS, or USPS Priority mail in order that you can track and/or insure them. Please mail your returned merchandise to the mailing address provided on the “contact” page of this website. Specific DVD Return Policy. Credit – Any applicable refunds will be made in the same form of the original payment within 30 days of receiving your returned product. Refunds will not be issued for return requests submitted after 30 days of product delivery date.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. YOU ACKNOWLEDGE THAT EAT WISE AND EXERCISE, INC. DOES NOT CONTROL IN ANY RESPECT ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO EAT WISE AND EXERCISE, INC. FROM THIRD PARTIES. EXCEPT AS OTHERWISE AGREED IN WRITING, EAT WISE AND EXERCISE, INC AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF CONTENT OR PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE. EAT WISE AND EXERCISE, INC. DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, THE SITE'S CONTENT, OR THE PRODUCTS ON THIS SITE. CERTAIN WARRANTIES IN REGARD TO PARTICULAR PRODUCTS FOR SALE ON THE SITE MAY BE APPLICABLE THROUGH MANUFACTURERS' WARRANTIES, THOUGH NOT THROUGH EAT WISE AND EXERCISE, INC. SEE THE WARRANTIES INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS FOR FURTHER DETAILS REGARDING WARRANTIES PROVIDED BY MANUFACTURERS OF PRODUCTS AVAILABLE THROUGH THE SITE. ALTHOUGH EAT WISE AND EXERCISE, INC. STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, EAT WISE AND EXERCISE, INC. DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, EAT WISE AND EXERCISE, INC. DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. EAT WISE AND EXERCISE, INC. DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED. The terms of this section survive any termination of the Terms.

Limitations on Liability

IN NO EVENT, INCLUDING WITHOUT LIMITATION NEGLIGENCE, EAT WISE AND EXERCISE, INC. BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITE; (II) THE USE OR INABILITY TO USE THIS SITE; (III) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO THE SAFETY OR FUNCTION OF ANY PRODUCT; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (V) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VI) OTHERWISE UNDER THIS AGREEMENT, EVEN IF EAT WISE AND EXERCISE, INC. OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EAT WISE AND EXERCISE, INC LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO EAT WISE AND EXERCISE, INC. FOR ANY PRODUCTS SUPPLIED BY EAT WISE AND EXERCISE, INC. THROUGH YOUR USE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. Eat Wise and Exercise, Inc. will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including without limitation Internet outages, communications outages, fire, flood, or war. The terms of this section survive any termination of the Terms.

Copyright and Trademarks

All Site materials, including, without limitation, the Eat Wise and Exercise, Inc. Eat Wise and Exercise® and EatWiseandExercise.com, Moderation™ Method logos, design, text, graphics, software, other files, and the selection and arrangement thereof (the "Content") are Copyright © 2006 Eat Wise and Exercise Inc, ALL RIGHTS RESERVED. Eat Wise and Exercise, Inc. or its suppliers or licensors own and retain other proprietary rights in all products available through the Site. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Eat Wise and Exercise, Inc. or the respective copyright owner. Permission is granted to display, copy, and download the materials on this Site for your personal, noncommercial, and informational use only; provided that you may not, without the permission of Eat Wise and Exercise, Inc. or the respective copyright owner, (a) copy, publish, or post any materials on any computer network or broadcast or publications media, (b) modify the materials; or (c) remove or alter any copyright or other proprietary notices contained in the materials. Such permission also does not include, without limitation: (a) any sale, resale, or commercial use of the Site, its content, or services obtained through the Site; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted in this section, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Eat Wise and Exercise, Inc. or any third party. Trademarks: The following are trademarks or registered trademarks of Eat Wise and Exercise, Inc, Eat Wise and Exercise®, Moderation™ Method These trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of Eat Wise and Exercise, Inc. or the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are service marks; trademarks and/or trade dress of Eat Wise and Exercise, Inc. and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Eat Wise and Exercise, Inc. Other names and brands may be claimed as the property of others.

Linked Sites

Eat Wise and Exercise, Inc. makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of Eat Wise and Exercise, Inc. and Eat Wise and Exercise, Inc. is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. The inclusion of any link does not imply affiliation, endorsement, or adoption by Eat Wise and Exercise, Inc. of the site or any information contained therein. When leaving the Site, you should be aware that Eat Wise and Exercise, Inc’s Terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.

User Conduct

In using this Site, you agree: • Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked sites; • Not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked Web sites; • Not to upload, post, or otherwise transmit through or on this Site any viruses or other harmful, disruptive, or destructive files; • Not to use, frame, or utilize framing techniques to enclose any Eat Wise and Exercise Inc trademark, logo, or other proprietary information (including the images found at the Site, the content of any text, or the layout/design of any page or form contained on a page) without Eat Wise and Exercise, Inc’s express written consent; • Not to use meta tags or any other "hidden text" utilizing a Eat Wise and Exercise, Inc. name, trademark, or product name without Eat Wise and Exercise, Inc.’s express written consent; • Not to deeplink to this Site without Eat Wise and Exercise, Inc.'s express written consent; • Not to create or use a false identity on this Site; • Not to collect or store personal data about others; • Not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access; and • Not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violative of any law. You also agree not to post any copyrighted material unless the copyright is owned by you or by Eat Wise and Exercise, Inc. In addition, you agree that you will comply with all applicable local, state, national, and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site.

Copyright Policy and Copyright Agent

It is Eat Wise and Exercise, Inc's policy to respect the copyright and intellectual property rights of others. Eat Wise and Exercise, Inc. may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Eat Wise and Exercise, Inc. may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. If you believe that Eat Wise and Exercise, Inc. or any user of our Site has infringed your copyright in any material way, please notify Eat Wise and Exercise, Inc. and provide the following information: • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest; • An identification of the copyrighted work claimed to have been infringed; • An identification of the material that you claim is infringing so that we may locate it on the Site; • Your address, telephone number, and e-mail address; • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and • A statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved. • Please direct inquiries regarding copyright issues by e-mail to: Legal@eatwiseandexercise.com or by mail to: Eat Wise and Exercise, Inc. 4411 Bee Ridge Road #205 Sarasota, FL, 34233 Attention: Legal Department

Indemnification

You agree to indemnify and hold harmless Eat Wise and Exercise, Inc. its parents, subsidiaries, officers, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your use of the Site, your violation of these Terms, or your violation of any rights of a third party. The terms of this section survive any termination of the Terms. Changes to the Site Eat Wise and Exercise, Inc. may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Site or any products available through the Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you, and you agree that Eat Wise and Exercise, Inc. shall not be liable therefore.

International Users

This Site is controlled, operated, and administered by Eat Wise and Exercise, Inc. from its offices within the United States of America. Eat Wise and Exercise, Inc. makes no representation that materials on the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where the contents or products available through the Site are illegal is prohibited. You may not use the Site or export the content or products in violation of U.S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.

Applicable Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Terms or your use of the Site shall be filed only in the Superior Court of Sarasota County, Florida, or the United States District Court for the FLORIDA MIDDLE District ELEVENTH CIRCUIT, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of the Terms. The terms of this section survive any termination of the Terms.

Termination

Notwithstanding any of these Terms, Eat Wise and Exercise, Inc. reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your license to use the Site and to block or prevent future access to and use of the Site. You agree that Eat Wise and Exercise, Inc. shall not be liable for any termination of your use of or access to the Site.

Severability

If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The terms of this section survive any termination of the Terms.

Language

It is the express wish of the parties that the Terms and all related documents have been drawn up in English.

General

The Terms constitute the entire agreement between Eat Wise and Exercise, Inc. and you with respect to your use of the Site. Any cause of action you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. Any failure by Eat Wise and Exercise, Inc. to enforce or exercise any provision of the Terms or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms are purely for convenience and carry with them no legal or contractual effect. Nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Eat Wise and Exercise, Inc., and you do not have any authority to create any obligation or make any representation on Eat Wise and Exercise, Inc.’s behalf. You may not assign this agreement, by operation of law or otherwise, without Eat Wise and Exercise, Inc.’s written consent. Subject to the foregoing, these Terms will be binding on, inure to the benefit of, and be enforceable against you and Eat Wise and Exercise, Inc. and their respective successors and assigns. The terms of this section survive any termination of the Terms.