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Store Terms And Conditions

TERMS AND CONDITIONS OF USE FOR THE RICHARD SIMMONS STORE

By using this store (the "Store") associated with www.richardsimmons.com, you agree to these Terms and Conditions ("Terms and Conditions"). We may, in our sole discretion and at any time, modify, change, add or remove portions of the Terms and Conditions, and we are under no obligation to notify you of such changes. By using the Store after we have made any changes thereto, you agree to accept the modified Terms and Conditions, whether you have reviewed them or not. If you don't agree to these Terms and Conditions, you shouldn't use the Store.

Definitions: This Store is owned by Richard Simmons, Inc. ("RSI"). RSI and its affiliates are referred to collectively herein as "we", "us," or "our." "Affiliates" means any entity or person directly or indirectly owning a controlling interest in, or owned by, RSI, and/or any of RSI's contractors, vendors or independent contractors providing services or products to the Store.

1. In General: By using this Store, you agree to be bound by these Terms and Conditions, just as though you had executed this agreement. If you don't comply with the Terms and Conditions, we have the right to cancel your order, and may terminate your access to the Store or any part thereof. We may, in our sole discretion and without prior notice or liability, discontinue, modify or alter any aspect of the Store, including restricting or terminating your access thereto. You further agree that we shall not be liable to you or any third party for any termination of your access to or use of the Store.

2. Intellectual Property: Use of Materials. Unless otherwise noted, we grant you a non-transferable, non-exclusive and limited right to display and access this Store and its contents; provided, however, that you comply with these Terms and Conditions. You acknowledge that the Store contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, questions, creative suggestions, messages, comments, feedback, articles and other material (collectively "Content") protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. Our commercial business partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content made available in the Store. The Content is copyrighted as a collective work under the copyright laws of the United States (and if applicable, similar foreign laws). All trademarks and service marks appearing in the Store belong to RSI or its Affiliates. The following are our trademarks and service marks:
RICHARD SIMMONS, SLIMMONS, RICHARD SIMMONS CLUBHOUSE, and AT HOME WITH RICHARD.
All other trademarks and service marks in the Store are the property of their respective owners. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works from, or in any way exploit any of the Content, in whole or in part, without the prior express written consent of the owner of said Content, whether RSI or one of its Affiliates or a third party as set forth above.

3. Submissions: If you send, transmit, post, email, or otherwise convey to us, whether at our request or not, information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles, stories about yourself or your weight loss, or other materials of any kind whatsoever, (collectively the "Submissions"), said Submissions will be deemed, and shall remain, our property

4. Disclaimers of Warranties: RSI AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, OR CORRECT SEQUENCING OF ANY INFORMATION IN THE STORE, INCLUDING BUT NOT LIMITED TO INFORMATION CREATED BY RSI AND ITS AFFILIATES, OR GATHERED BY RSI AND ITS AFFILIATES FROM PUBLICLY AVAILABLE SOURCES. ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS STORE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL. THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THIS STORE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT.

NEITHER RSI OR ANY OF ITS AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THIS STORE OR ANY FUNCTION CONTAINED IN THIS STORE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS STORE OR THE SERVERS THAT MAKE THIS STORE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER RSI OR ANY OF ITS AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS CONTAINED IN THIS STORE WITH RESPECT TO THEIR CORRECTNESS, RELIABILITY, ACCURACY, OR OTHERWISE.

5. Limitation of Liability: RSI AND ITS AFFILIATES, AND ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RESULTING FROM YOUR INABILITY TO USE THIS STORE; THE USE OF ANY CONTENT ON THIS STORE OR STORES LINKED HERETO; ANY UNAUTHORIZED ACCESS TO OR CHANGES MADE TO YOUR DATA; THE COST OF YOUR PROCURING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED FROM THIS STORE; OR ANY OTHER MATTER RELATING TO THIS STORE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER ARISING IN TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), CONTRACT OR ANY OTHER CAUSE OF ACTION) EXCEED THE AMOUNT PAID BY YOU FOR ITEMS IN THE STORE.

IN THE EVENT THAT YOU ARE DISSATISFIED WITH THIS STORE OR ANY PORTION THEREOF, OR CHOOSE NOT TO COMPLY WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE CEASING TO ACCESS AND USE THIS STORE.

6. Privacy Policy: RSI and its Affiliates are concerned about protecting your privacy and the security of personal data you may submit to this Store. To view our Privacy Policy, please click HERE. The terms of this Privacy Policy are incorporated into these Terms and Conditions by reference.

7. Links: These Terms and Conditions govern your use of this Store, and not your use of sites operated by third parties to which this Store may be linked. We or our Affiliates may provide links to other sites on the World Wide Web. You agree that we are not responsible for the availability of such sites, and that our linking thereto does not constitute endorsement of or responsibility for any content, advertising, products or other material or available on or through such sites. You also agree that we will be under no circumstances responsible or liable, directly or otherwise, for any loss or damage that is caused or alleged to have been caused to you in relation to your use of or reliance upon, any products, advertisements, content or other material available on any other site, regardless of whether we link thereto, whether directly or indirectly.

8. Third Party Products and Services: You may order merchandise or other products or services through this Store from third party sellers. Responsibility for services, merchandise and products ordered from such sellers, including but not limited to, purchase terms, warranties, limitations of liability, guarantees, payment terms, customer service and delivery rests with these third party sellers, and RSI and its Affiliates make no warranties or representations in regard thereto. You will not regard us as a party to such transactions, whether or not we have received some revenue or remuneration relating to these third party transactions; and we will have no liability for any costs or damages to you or anyone else arising out of such transactions, either directly or indirectly.

9. Health Disclaimer: This Store may provide content and information intended to assist users in efforts to lose weight personally. RSI and its Affiliates are not a medical organization, and cannot give you medical advice or diagnose your condition(s), and nothing contained in this Store shall be interpreted as constituting such advice or diagnosis. This Store is not a substitute for evaluation, consultation with, and treatment by, a physician. For the avoidance of confusion, this health disclaimer includes, but is not limited to, the following disease and condition-specific disclaimers:

  • Eating Orders Disclaimer: If you suspect that you have an eating disorder or have been diagnosed as having an eating disorder, you must meet with your psychologist, registered dietitian, and doctor to make sure that the meal plans provided in the Products do not interfere with your treatment.
  • Pregnancy Disclaimer: Pregnancy is an ever-changing state. Depending on how far along you are and what special medical considerations you may have, appropriate recommendations for eating and exercise may vary. You understand and agree that any information provided in the Products regarding pregnancy is for educational purposes only, and that the Products and their owners are not engaged in the practice or medicine, nor do they render personal medical advice. If you have concerns about your health or the health of your baby, you must consult with your physician. The information provided in the Products should not be used in lieu of advice given by a qualified medical professional.
  • Diabetes Disclaimer: You acknowledge and agree that information in the Products regarding diabetes is provided for educational purposes only, and that the Products are not engaged in rendering personal medical advice, and that the information provided therein should not be used in lieu of medical advice from qualified medical professionals such as your doctor or registered dietitian. Diabetes is a complicated disease, and dieting and exercise recommendations from medical professionals will vary from person to person depending on their condition; use information provided hereon only in conjunction with qualified medical guidance.
  • Exercise Disclaimer: Exercise programs may be safe and pose minimal risks. However, you agree to consult your doctor before beginning any exercise program set forth in the Products.
  • Heart Conditions and High Blood Pressure Disclaimer: If you have a heart condition or high blood pressure, be sure to consult your physician before commencing any exercise program in the Products.
  • Miscellaneous Health-Based Disclaimers: If in the course of exercising, you experience chest pains, become dizzy or breathless, or experience any discomfort or pain of any kind, cease exercising and consult your physician before commencing it again.

10. Indemnification: You agree to indemnify, hold harmless, and, at our option, defend RSI and its Affiliates, and our and their officers, directors, employees, stockholders, agents, contractors and representatives from and against any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorney's fees and expenses) arising from your improper use of this Store or our products or offerings, your violation of these Terms and Conditions, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.

11. Copyright Complaints: Please note that RSI owns, protects and enforces copyright and other rights in its proprietary intellectual property, and respects the intellectual property rights of others. Materials may be made available in the Store by third parties not within the control of RSI. It is our policy not to permit materials known by us to be infringing to remain in the Store. Please notify us promptly if you believe any materials in the Store infringe on the intellectual property rights of another. Upon our receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act ("DMCA"), RSI will respond expeditiously to remove the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue. Notice of alleged infringement relating to Content in the Store or RichardSimmons.com must be sent by certified mail and marked "Copyright Infringement" to Richard Simmons Customer Service, c/o Celebrities Plus, Inc. Att'n: Ms. Serene Yoo, 8899 Beverly Boulevard, Suite 811, Los Angeles, CA 90048,

12. Governing Law: These Terms and Conditions shall be governed by the laws of the State of California, without giving effect to any principles of conflicts of laws. By using or accessing this Store, you agree that any action at law or in equity arising out of or relating to your use of this Store or these Terms and Conditions will be filed only in the state or federal courts in the State of California, County of Los Angeles, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

13. Miscellaneous Terms:

  • Legal Fees: In any action against us arising from the use of this Store, we will be entitled to recover al legal expenses incurred in connection with the action, including but not limited to its costs and reasonable attorney's fees and expenses.
  • Severability: If any provision of these Terms and Conditions should be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms and Conditions, and shall not effect the enforceability of any remaining provisions.
  • Assignment: We may assign our rights and obligations hereunder, and these Terms and Conditions will inure to the benefit of our successors, assigns, and licensees. You may not assign your rights and obligations hereunder without our prior express written consent.
  • Waiver: The failure of either party hereto to insist upon or enforce the strict performance of the other party with respect to any provision hereof, or the failure to exercise any right under these Terms and Conditions, shall not be construed as a waiver of said right (s), and the party's right to assert or rely upon any such provision in that or any other similar instance shall remain in full force and effect.
  • Entire Agreement: These Terms and Conditions, together with the Privacy Policy constitute the entire agreement between you and us relating to the subject matter hereof. If you subscribe to the Richard Simmons Clubhouse in the event of any conflict between these Terms and Conditions and any Subscription Agreement or Terms and Conditions governing product purchases in the store provided herewith, the Subscription Agreement and the Terms and Conditions governing said store shall control.