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GettingFitTogether.com digital marketing system is a third-party service offered to Team Beachbody Coaches to help them promote, market and grow their businesses. All websites and materials used have been approved by Team Beachbody compliance. GettingFitTogether.com is no way affiliated with Team Beachbody.
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©2015 gettingfittogether.com. All Rights Reserved.
This website is presented to you by an Independent Team Beachbody Coach.
GettingFitTogether.com is a third-party sales and marketing automation platform powered by MDC DOT used by Independent Team Beachbody Coaches. This tool is provided as a third-party service to Independent Team Beachbody Coaches to help them build their business.
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE (collectively with any amendments hereto, “TERMS AND CONDITIONS”). BY USING THIS WEB SITE OR ANY WEB SITE OF GETTINGFITTOGETHER, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS 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 AND CONDITIONS, PLEASE DO NOT USE THE SITE.
We may update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Sites.
You must only use the Sites for lawful purposes, and you must not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Sites. You may not without our prior written consent:
copy, reproduce, use, or otherwise deal with any content on the Sites; modify, distribute, or re-post any content on the Sites for any purpose; or use the content of the Sites for any commercial exploitation whatsoever.
In using the Sites, you further agree:
not to disrupt or interfere with the security of, or otherwise abuse, the Sites, or any services, system resources, accounts, servers, or networks connected to or accessible through the Sites or affiliated or linked sites; not to disrupt or interfere with any other user’s enjoyment of the Sites or affiliated or linked Web sites; not to upload, post, or otherwise transmit through or on the Sites any viruses or other harmful, disruptive, or destructive files; not to use, frame, or utilize framing techniques to enclose any GETTINGFITTOGETHER, Beachbody, LLC’s trademark, logo, or other proprietary information (including the images found at the Sites, the content of any text, or the layout/design of any page or form contained on a page) without GETTINGFITTOGETHER’s express written consent; not to use meta tags or any other “hidden text” utilizing a GETTINGFITTOGETHER’s or Beachbody, LLC’s name, trademark, or product name without GETTINGFITTOGETHER’s or Beachbody, LLC’s express written consent; not to deeplink to the Sites without GETTINGFITTOGETHER’s express written consent; not to create or use a false identity on the Sites, share your account information, or allow any person besides yourself to use your account to access the Sites; not to collect or store personal data about others; not to attempt to obtain unauthorized access to the Sites or portions of the Sites that are restricted from general access; 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 violate of any law. You also agree not to post any copyrighted material unless the copyright is owned by you, GETTINGFITTOGETHER or by Beachbody, LLC.
In addition, you agree that you will comply with all applicable local, national, and international laws and regulations that relate to your use of or activities on the Sites.
Changes to the Sites
GettingFitTogether.com may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Sites or any products available through or outside of the Sites, temporarily or permanently, including the availability of any features of the Sites or access to any parts of the Sites, at any time without notice to you, and you agree that GettingFitTogether.com shall not be liable therefore.
GettingFitTogether.com makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of sites accessible by hyperlink from the Sites, or sites linking to these Sites. The linked sites are not under the control of GettingFitTogether.com, and GettingFitTogether.com 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 GettingFitTogether.com of the site or any information contained therein. When leaving the Sites, you should be aware that GETTINGFITTOGETHER’s Terms and Conditions and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.
Copyright and Trademarks
Any materials, including, without limitation, the GettingFitTogether.com logos, design, text, graphics, software, other files, and the selection and arrangement thereof (the “Content”) are Copyright © 2015 GettingFitTogether.com. ALL RIGHTS RESERVED. Unless expressly stated otherwise, GETTINGFITTOGETHER or its suppliers or licensors own and retain other proprietary rights in all products available through the Sites. 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 GETTINGFITTOGETHER or the respective copyright owner. You may not, without the express written permission of GETTINGFITTOGETHER 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. You also may not (a) sell, resell, or make commercial use of the Sites, its content, or services or products obtained through the Sites; (b) collect and use of any product listings or descriptions; (c) make derivative uses of the Sites or its Content; or (d) use of any data mining, robots, or similar data gathering and extraction methods. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of GETTINGFITTOGETHER or any third party.
All other Site materials, including, without limitation, Beachbody, LLC, and all Beachbody, LLC’s product logos, design, text, graphics, software, other files, and the selection and arrangement thereof (the “Content”) are Copyright © 2015 Beachbody, LLC. ALL RIGHTS RESERVED. Unless expressly stated otherwise, Beachbody, LLC or its suppliers or licensors own and retain other proprietary rights in all products available through the Sites. 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 Beachbody, LLC or the respective copyright owner. You may not, without the express written permission of Beachbody, LLC 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. You also may not (a) sell, resell, or make commercial use of the Sites, its content, or services or products obtained through the Sites; (b) collect and use of any product listings or descriptions; (c) make derivative uses of the Sites or its Content; or (d) use of any data mining, robots, or similar data gathering and extraction methods. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of Beachbody, LLC or any third party.
Together with other logos and product names described on this Sites, the following includes a partial list of trademarks or registered trademarks of Beachbody, LLC., in the United States and other countries: Beachbody, LLC, These trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of Beachbody, LLC or the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Beachbody, LLC, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Beachbody, LLC. Other names and brands may be claimed as the property of others.
Copyright Policy and Copyright Agent
It is GETTINGFITTOGETHER’s policy to respect the copyright and intellectual property rights of others. GETTINGFITTOGETHER may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, GETTINGFITTOGETHER may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, GETTINGFITTOGETHER complies with the Digital Millennium Copyright Act.
If you believe that GETTINGFITTOGETHER or any user of our Sites has infringed your copyright in any material way, please notify GETTINGFITTOGETHER, and provide the following: an identification of the intellectual property right claimed to have been infringed; an identification of the material that you claim is infringing so that we may locate it on the Sites; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the owner, their licensee, and agent of either of the foregoing, 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 intellectual property interest involved.
Please direct inquiries regarding intellectual property infringement issues by email to: [email protected]
You agree to indemnify and hold harmless GettingFitTogether.com, the Independent Team Beachbody Coach, MyDigitalClients,LLC, Beachbody, LLC, its parents, subsidiaries, shareholders, 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 and Conditions, or your violation of any rights of a third party.
Product Information ----
For questions about Beachbody, LLC products or services on this Site, please use the Contact links found on each page or section. For questions about orders placed through Beachbody, LLC Sites or otherwise, please use the Customer Service link in the email receipt you receive or by visiting the online Customer Service Center found on Beachbody.com.
Product and Service Descriptions
We have taken reasonable precautions to try to ensure that all product descriptions, prices and other information shown on the GETTINGFITTOGETHER Sites are correct and fairly described.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SITES AND OTHER PRODUCTS AND SERVICES OF GETTINGFITTOGETHER IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THE SITES AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT AND OTHERWISE ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.
YOU ACKNOWLEDGE THAT GETTINGFITTOGETHER DOES NOT CONTROL IN ANY RESPECT ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH THE SITES, INCLUDING, BUT NOT LIMITED TO, INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO GETTINGFITTOGETHER FROM THIRD PARTIES. EXCEPT AS OTHERWISE AGREED IN WRITING, GETTINGFITTOGETHER 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 OR OUTSIDE OF THE SITES. NOR DOES GETTINGFITTOGETHER MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITES, ANY PRODUCTS OR SERVICES OFFERED OR SOLD THROUGH THE SITES, OR ITS CONTENT.
ALTHOUGH GETTINGFITTOGETHER STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SITES, GETTINGFITTOGETHER DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THE SITES IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, GETTINGFITTOGETHER DOES NOT WARRANT THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.
GETTINGFITTOGETHER DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITES WILL BE MAINTAINED. TO THE EXTENT ALLOWED BY LAW, GETTINGFITTOGETHER DISCLAIMS ALL WARRANTIES AND CONDITIONS NOT EXPLICITLY STATED HEREIN. 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.
The terms of this section survive any termination of the Terms and Conditions.
Limitations on Liability
WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND TERMS (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL GETTINGFITTOGETHER OR ITS AFFILIATES 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 SITES; (II) THE USE OR INABILITY TO USE THE SITES; (III) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE SITES; (IV) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITES OR OTHERWISE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VII) OTHERWISE UNDER THIS AGREEMENT/TERMS AND CONDITIONS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF GETTINGFITTOGETHER 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.
GETTINGFITTOGETHER WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS AND CONDITIONS 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.
THESE EXCLUSIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAW OF THE UNITED STATES OF AMERICA. IF ANY PROVISION OF THESE DISCLAIMERS AND EXCLUSIONS SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE THEN THAT PROVISION SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS.
The terms of this section survive any termination of the Terms and Conditions.
The Sites are controlled, operated, and administered by GettingFitTogether.com from its offices within the United States of America. GETTINGFITTOGETHER makes no representation that materials on the Sites 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 Sites are illegal is prohibited. You may not use the Sites or export the content or products in violation of U.S. export laws and regulations. If you access the Sites from a location outside of the United States, you are responsible for compliance with all local laws.
Notwithstanding any of these Terms and Conditions, GETTINGFITTOGETHER reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your ability to use the Sites and to block or prevent future access to and use of the Sites. You agree that GETTINGFITTOGETHER shall not be liable for any termination of your use of or access to the Sites.
Only you and GETTINGFITTOGETHER shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions.
If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
The terms of this section survive any termination of the Terms and Conditions.
It is the express intent of the parties that the Terms and Conditions and all related documents have been drawn up in English.
Applicable Law and Venue
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas, 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 and Conditions or your use of the Sites shall be filed only in the Superior Court of Ellis County, Texas, or the United States District Court for the Central District of Texas, and except as stated herein 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 and Conditions. Notwithstanding the above, any controversy or claim related to this Agreement shall be resolved exclusively by arbitration in accordance with the Federal Arbitration Act (Title 9, U. S. Code) (the “Act”). The Act will apply even though this Agreement provides that it is governed by the laws of Texas.
The terms of this section survive any termination of the Terms and Conditions.
The Terms and Conditions constitute the entire agreement between GETTINGFITTOGETHER and you with respect to your use of the Sites.
Other important terms
These Terms and Conditions supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. We may assign, transfer, or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. No delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
Last updated and effective: Monday, August 17, 2015
Categories of Information We Collect and How We May Use It
Through visiting or using our websites, we may collect information about you in various ways using device finger printing and other analytics (including IP address identification and cookies). Some examples include:
- browser name, device operating system, computer platform, browser version, and browser plugins;
- device screen size, color profile, color depth, and pixel ratio;
- whether the device is cookieEnabled;
- language used on the device;
- Internet service provider or network name used when accessing our websites;
- number of visits, views of content, and downloads from our websites;
- timestamps of visits to our websites; and
- duration of your stay on our websites and how you got to our websites (e.g., if you clicked on a paid advertisement or search engine result).
The above data is aggregated with data we collect from other visitors to our websites (“Aggregated Data”). The Company takes reasonable measures to ensure Aggregated Data is de-identified and shall not attempt to re-identify such data. The Company may use Aggregated Data as a statistical measure and not in a manner that would identify you personally. Aggregated Data enables us to improve our websites, increase the effectiveness of our marketing campaigns and target marketing to certain individuals, among other benefits. The Company may make use of, or make such Aggregated Data available to, third parties, in any manner in our sole discretion. In the event the Company does disclose Aggregated Data to third parties, the Company shall generally prohibit such third parties from re-identifying such data.
Note that if the Company is able to identify that you are located in the European Union when visiting or using our websites, you will be prompted to provide your consent in order for cookies to track and communicate certain information about you back to the Company. If you do not provide your consent, no cookies, web beacons, or other tracking devices will be permitted to attach to your information.
You may voluntarily disclose personal information to us in the event you choose to use the “Contact Us” link, “Live Chat Messages” portion of our websites, or when purchasing, accessing or using services provided through our websites. Any personal information you submit through our websites will not be disclosed to third parties without your permission and generally will be utilized only to respond to your requests.
We may use your information to process your service requests, handle orders, deliver services, process payments, communicate with you about orders, provide access to secure areas of the websites, recommend services we offer that might be of interest to you, to personalize your visit to our websites, and to enable us to review, develop, and continually improve the services we provide online. We also use this information to prevent or detect fraud or abuses of our websites and to enable third parties to carry out technical, logistical or other functions on our behalf.
Links to Non-affiliated Websites
The Company will not intentionally collect or maintain, and do not want you to provide, any information regarding your medical or health condition, race or ethnic origin, political opinions, religious or philosophical beliefs or other sensitive information.
Children’s Online Privacy Protection
Our websites are not designed for or directed to children under the age of 18. If you are a parent who believes we have collected information regarding your child under age 18, please contact us at [email protected] to request deletion of such information from our records. We will respond to your request as soon as reasonably practicable, but no later than 5 calendar days after your request.
Browser Do-Not-Track Signals
Opt Out of Communications
We offer you a choice in how we communicate with you. If we obtain personal information about you as described above, we may contact you in regard to transactional and/or marketing/non-transactional communications. The Company’s marketing emails will always comply with laws such as CAN-SPAM. You can manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link at the bottom of the applicable message or by contacting us at [email protected]
The Company implements administrative, technical, and physical safeguards to help protect personal information we obtain against loss, theft, and misuse as well as unauthorized access, disclosure, alteration, and destruction. While we follow generally accepted standards to protect information, including the use of secure socket layer (SSL) technology, no method of storage or transmission is 100% secure. We store information you provide to us on a computer system located in a controlled facility with limited access. Visitor textual information is encrypted during transmission and our databases are accessible only by the Company’s employees, contractors and agents on a need to know basis and who have entered into and are bound by a confidentiality and nondisclosure agreement with the Company. The Company generally requires third parties to keep all personally identifiable information related to our customers secure and prohibits the use of personally identifiable information for direct marketing or any other purposes not authorized by the Company.
Effective Date: May 4, 2015
Independent Beachbody Coach