Thank you for your interest in the Hollywood Body Club, Personal Training Community (Hollywoodbodyclub.com), a subscription-based online diet and fitness program provided by Hollywood Body Club, LLC. The Hollywood Body Club Personal Training Community provides information based on the experience and philosophy of Hollywood Body Club Elite Personal Trainer and military combat war veteran and Max "The Body" Philisaire. Please note that the Hollywood Body Club's Personal Training Community service and Website are not available or intended for use by residents outside of the United States.

As a paying subscriber, you'll gain full access to customized workouts and meal plans designed by Hollywood Elite Personal Trainer Max "The Body" Philisaire, his video demonstrations of each exercise, a shopping list, and other interactive tools that help you track your weigh-loss, lean muscle gain and fitness progress. You will also have access to message boards, articles, tips, and recommendations from Hollywood Elite Personal Trainer Max "The Body" Philisaire and his team.  Try our program free by signing up for our risk-free trial offer or choose your fitness goal and begin working towards your fitness goal today. After your initial trial period or at the end of your subscription period, your subscription will automatically renew one, three, six or twelve months after the date you signed up, depending on the selected subscription plan, and then on a periodic basis for membership and billing thereafter until you cancel. You can cancel anytime, in which case you won't be refunded the subscription charge for the current subscription period.  You'll have member access through the end of that period and won't be billed again.

Hollywood Body Club, LLC displays and manages the Website and/or your membership. You agree that, with regard to this Website or your membership, Hollywood Body Club, LLC: 1) will receive certain Personally Identifiable Information and Credit Card information from you; 2) will use that information for the Website/member-registrationship; and 3) will be charging your Credit Card for the Services provided in accordance with these Terms and Conditions.

Hollywood Body Club, LLC ("Hollywood Body Club") ("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 Hollywood Body Club 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 Hollywood Body Club’s written consent.

MEDICAL INFORMATION

THE CONTENT AND OTHER INFORMATION SHARED ON THE SITES ARE FOR EDUCATIONAL PURPOSES ONLY. THE CONTENT IS NOT INTENDED AS A SUBSTITUTE FOR MEDICAL COUNSELING. BEFORE STARTING ANY DIET OR FITNESS PROGRAM, CONSULT WITH YOUR PHYSICIAN TO DETERMINE IF OUR DIET AND/OR FITNESS PROGRAMS ARE SUITABLE FOR YOUR NEEDS. HOLLYWOOD BODY CLUB 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. HOLLYWOOD BODY CLUB RESERVES THE RIGHT TO CANCEL YOUR MEMBERSHIP SHOULD YOU VIOLATE THE TERMS AND CONDITIONS OF THIS AGREEMENT.

To become 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 agree that either (1) 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 (2) your physician has approved your use of the Sites.

And in becoming a Member with the intent of using the Sites, you further agree that either (1) all of the following statements are true: (i)  (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 (2) your physician has approved your use of the Sites.

If you are a woman, in becoming a Member with the intent of using the Sites you agree that either (1) you are not pregnant, breastfeeding or lactating or (2) your physician has approved your use of the Sites.

No assurance can be given that the sites content will reflect the most recent findings or developments because health, diet & fitness advice is subject to updating and refining due to medical research.  Consult with your physician and or health care provider with any questions or concerns you may have regarding any health condition.

PAYMENT AND BILLING TERMS AND CONDITIONS

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 your membership will automatically renew on the periodic basis described in your particular offer. You are responsible for all subscription fees until a notice of cancellation has been received by Hollywood Body Club.

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. To cancel, please call our Customer Service Department at 1-800-661-8058 Monday though Friday between the hours of 8:00 AM and 8:00 PM EST.  Our Customer Service Department does not operate on holidays.   Please be advised that you WILL NOT receive a refund upon cancellation.

Your account will be terminated upon cancellation at the end of the then current billing period and we in our sole discretion have the right but not the responsibility to delete all of the account information provided by you. We confirm receipt of cancellation requests via email. We are unable to cancel your account or provide any refund unless your cancellation request is received in accordance to this policy.

AUTOMATIC RENEWAL: After the end of the initial membership term, membership will be automatically renew on a periodic basis. Membership will renew on the day after the initial membership ends. You may then cancel your subscription at any time in accordance with Our Cancellation policy. Cancellations received via email will not be honored.

After your initial membership term, your credit card will be automatically charged on a periodic 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.

PAYMENT AND BILLING:

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. Hollywood Body Club 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 Hollywood Body Club'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.

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 Hollywood Body Club. Hollywood Body Club does not guarantee the accuracy, completeness, or usefulness of any third party content. Hollywood Body Club neither endorse nor are 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 Hollywood Body Club representatives.

AGE REQUIREMENTS: You must be 18 years of age or older to sign up for the Services.  By using our service and or become a subscriber of Hollywood Body Club, you agree and warrant that you are 18 years old or older.

PRIVACY & AGREEMENT: Hollywood Body Club respects your privacy.  Our Privacy Policy can be found at http://www.hollywoodbodyclub.com/privacy-policy.html. 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. By accessing this Website, you are consenting to the collection, use and disclosure of your personal information and to the terms of our Privacy Policy. If we decide to change that policy, we will post the revised policy prominently on this Website or otherwise bring it to your attention, so that you are always aware of what we do with your information.

You acknowledge that Hollywood Body Club, Hollywood Personal Training Community are located in the United States of America ("U.S.") and will process and store your information in the U.S., and that as a result, U.S. governments, courts or law enforcement or regulatory agencies may be able to obtain disclosure of your information through the laws of the U.S.

You agree that as part of the service provided on the Website, you shall receive periodic email communications from Hollywood Body Club to notify you of updates concerning the service or Website, and to administer your Member account. You consent to receive those emails without regard to any previous request you might have made to opt-out of receiving additional emails.

SUBMISSION POLICY: Responsibility for what is posted in the discussion groups, message boards or other public forums lies with each user - you alone are responsible for the content of your messages, and the consequences of any such messages. We cannot and do not review every submission a user may make. We neither endorse nor guarantee the accuracy or propriety of any submission. We do, however, reserve the right but do not assume the obligation to restrict or prohibit your use of the Website if we believe you are violating any of these Terms and Conditions, and to remove, edit, or relocate any submission as we see fit whether for legal or other reasons.

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 the following rights:

i. To Hollywood Body Club or their 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 (excepting only your birth date, height, weight, gender and other data entered by you upon the initial configuration of your account (collectively "Configuration Data") and any data entered by you while using the Site to interact with, retrieve, or generate your personalized diet or exercise information (collectively "Application Data")) 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, and you further specifically acknowledge and agree that you waive any and all intellectual property or other rights that you might otherwise claim in connection with any such use. The foregoing license to Hollywood Body club shall be considered fully paid-up and royalty free, and you specifically agree and acknowledge that your use of the Website, alone or in connection with your receipt of any associated goods or services, is sufficient consideration for the foregoing license. In addition, under no circumstances shall Hollywood Body club have any obligation 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 Hollywood Body Club's business through a merger, sale, transfer or license of all or substantially all of the assets of Hollywood Body Club, nor shall the sale or barter of advertising or sponsorship on the Website or any other product sales give rise to any obligation to pay a fee to Subscribers.

ACCOUNT PASSWORD SECURITY: If any of the Sites require you to open an account, you must complete the registration process by providing Hollywood Body Club with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to Hollywood Body Club that is untrue, inaccurate, not current or incomplete, Hollywood Body Club 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. You agree to notify Hollywood Body Club immediately of any unauthorized use of your account or any other breach of security. Hollywood Body Club 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 Hollywood Body Club or another party due to someone else using your account or password.

LIMITED LICENSE: Hollywood Body Club 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.

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 Hollywood Body Club -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, a Hollywood Body Club 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 Hollywood Body Club 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 Hollywood Body Club'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 Hollywood Body Club 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.

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, HOLLYWOOD BODY CLUB 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, INTERRUPTION 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.

RELEASE: YOU AGREE THAT NEITHER RODALE, NOR THEIR 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).

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).

GEOGRAPHIC LIMITS: Hollywood Body Club 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. Those who choose to access the Website 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. Hollywood Body Club reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Website to any person, geographic area, or jurisdiction we so desire. The Hollywood Body Club Personal Trainer service and Website are not available or intended for use by residents located outside of the United States.

TERMINATION: This Agreement shall remain effective until terminated in accordance with its own terms and conditions. You agree that Hollywood Body Club, 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.

ASSINGNEMNT:  You shall not assign or otherwise transfer these Terms & Conditions or assign, delegate or otherwise transfer any of your rights, interests or obligations under these Terms & Conditions and any such assignment, delegation or other transfer shall be void. These Terms & Conditions shall inure to the benefit of the Company’s successors, assigns and licensees.