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Terms & Conditions
Terms & Conditions
Welcome to this website and related sites where this Terms of Service is posted (the "Sites"). This Terms of Service (this "ToS") describes the terms and conditions applicable to your access and use of the Sites and the services provided through the Sites (collectively, the "Service"). This ToS sets forth the terms and conditions under which Profile Network Inc, the marketing and creative agent for Celebrity Sweat ("Profile Network Inc," "we," or "us"), provides you access to the Sites and the Service.
Profile Network Inc may amend this ToS at any time by posting the amended Terms of Service on the Sites and you agree that you will be bound by any changes to this ToS. Profile Network Inc may make changes to the Sites and/or the Service at any time. You understand that Profile Network Inc may discontinue or restrict your use of the Sites and/or Service for any reason or no reason with or without notice.
YOU REPRESENT THAT YOU ARE AN ADULT AND HAVE THE LEGAL CAPACITY TO ENTER A CONTRACT IN THE JURISDICTION WHERE YOU RESIDE.
YOUR USE OF THE SITES AND/OR THE SERVICE SIGNIFIES THAT YOU AGREE TO THIS TOS AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THIS TOS, INCLUDING ANY MODIFICATIONS THAT PROFILE NETWORK INC MAKES FROM TIME TO TIME.
THE TERMS TO WHICH YOU ARE CONSENTING CONTAIN A BINDING ARBITRATION PROVISION AND A CLASS¬ACTION WAIVER. BY AGREEING TO PURCHASE THE PRODUCT (OR, IF APPLICABLE, BY KEEPING THE PRODUCT BEYOND THE STATED TRIAL PERIOD WITHOUT RETURNING IT) YOU FORFEIT CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE IN COURT, THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO BRING OR BE PART OF A CLASS-ACTION CASE.
2. ToS Updates. Profile Network Inc will revise this ToS as the Sites and/or Service evolves. The next time you use the Service after such an update, you may be prompted to agree to or decline the revised ToS. You must agree to all revisions if you choose to continue using the Sites and/or Service. By using the Sites and/or Service, you agree to the then current version of this ToS as posted on the Site. If at any point you do not agree to any portion of the then current version of this ToS, you must immediately stop using the Sites and/or Service.
3. Termination of Service. Profile Network Inc reserves the right to deny service to any user at Profile Network Inc's sole and absolute discretion. The Service is offered with the understanding that Profile Network Inc may terminate the Service at any time, for any reason or no reason, including without limitation for any violation of the ToS. Profile Network Inc may stop offering and/or supporting the Sites and/or Service at any time.
4. Purchases, Replacements and Refunds.
4.1. Purchases. You may purchase certain products through the Sites and/or Services provided you have given us valid credit card or other payment information. You acknowledge and agree that all information you provide with regards to a purchase, including, without limitation, credit card or other payment information, is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction. We reserve the right, with or without prior notice, to discontinue or limit the available quantity of any product or service, to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar
promotions; or to refuse to allow any user to purchase a product or service or deliver any product or service to a user. You agree to pay all fees and applicable taxes incurred by you or anyone using your payment information. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. If you choose to purchase any products available on a recurring subscription basis, you acknowledge that payments will be processed automatically (e.g., debited from your account or charged to your credit card) until you cancel your subscription order. If there is a dispute regarding payment of fees to, or Service rendered by, Profile Network Inc, you may be banned from making purchases from Profile Network Inc in the future.
4.2. Changes to Products, Pricing and Services. Profile Network Inc may, at any time, revise or change the pricing, availability, and specifications, content, descriptions or features of any products or services offered or sold through the Sites and/or Service. The inclusion of any products or services on the Sites and/or Service at a particular time does not imply or warrant that these products or services will be available at all times. Profile Network Inc may, from time to time, modify, amend, or supplement its fees and fee billing methods, and such changes shall be effective immediately upon posting in these ToS or elsewhere on the Sites.
4.3. Shipment of Products. Title and risk of loss for any purchases pass to you upon our delivery to our carrier. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment. Unless as a result of events outside of our direct control, orders of products purchased by you through the Site and/or Service will be delivered within the time period specified for the delivery method you have selected.
4.4. Refunds. If for any reason you are dissatisfied with the product that you receive, we may provide you with a refund of the price of the product less shipping and handling, provided you return the product with a postmark no later than 30 days from the date of shipment of your purchase as noted on your shipment invoice. Return the product to the address as provided on the packing slip. Provided that you have complied with the foregoing, you are not otherwise in violation of these ToS and we have received the applicable product, we will provide a full refund of the purchase price, less any shipping costs already charged to you. Prior to returning any products to us, we may ask you to complete a return form that we would provide to you.
WE DO NOT ISSUE ANY REFUNDS THAT ARE REQUESTED AFTER THE DATES SET FORTH IN THIS SECTION 4.4.
5. Restrictions and Conditions of Use.
5.1. Use of Sites and Service. Profile Network Inc permits you to view and use a single copy of the Sites for your personal, noncommercial use. You agree not to license, create derivative works from, transfer, sell or resell any information, content, or services obtained from the Sites and/or Service.
5.2. No Violation of Laws. You agree that you will not, in connection with your use of the Sites or the Service or your purchase of any products or services through any of the foregoing, violate any applicable law, rule or regulation. Without limiting the foregoing, you agree that you will not make available through the Sites and/or Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
5.3. Misuse of Sites and/or Service. You may not connect to or use the Sites and/or Service in any way not expressly permitted by this ToS. Without limiting the foregoing, you agree that you will not (a) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the Sites and/or Service or otherwise attempt to disrupt the Sites and/or Service or any other person's use of the Sites and/or Service; or (b) attempt to gain unauthorized access to the Sites, Service, Accounts registered to other users, or the computer systems or networks connected to the Sites and/or Service. Furthermore, you may not use the Sites or Service to develop, generate, transmit, publish, display or store any information or content that: (i) is defamatory, harmful, abusive, obscene or hateful; (ii) in any way obstructs or otherwise interferes with the normal performance of another person's use of the Sites and/or Service, (iii) performs any unsolicited commercial communication not permitted by applicable law; (iv) constitutes harassment or a violation of privacy or threatens other people or groups of people; (v) is harmful to children in any manner; or (vi) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person's identity (whether a real identity or online nickname or alias).
5.4. No Commercial Uses. You agree that you will not use the Sites or the Service for any commercial purpose or the benefit of any third party or charge any person, or receive any compensation for, the use of the Sites or Service.
5.5. No Data Mining or Harmful Code. You agree that you will not (i) obtain or attempt to obtain any information from the Service, including without limitation information about other users, using any method not expressly permitted by Profile Network Inc; (ii) intercept, examine or otherwise observe any proprietary communications protocol used by the Service, whether through the use of a network analyzer, packet sniffer or other device; (iii) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble the Sites or the Service.
6. Ownership. As between you and Profile Network Inc and/or its licensors, Profile Network Inc and/or its licensors own the Sites and the Service. You agree that you will not create any work of authorship or create any derivative works based on the Sites or the Service. Any reproduction or redistribution of the Sites or use of the Service not in accordance with this ToS is expressly prohibited by law, and may result in severe civil and criminal penalties.
7.1. Links from the Sites. The Sites may contain links to websites operated by other parties. Profile Network Inc provides these links to other websites as a convenience, and use of these sites is at your own risk. The linked sites are not under the control of Profile Network Inc, and Profile Network Inc is not responsible for the content available on the other sites. Such links do not imply Profile Network Inc endorsement of information or material on any other site and Profile Network Inc disclaims all liability with regard to your access to and use of such linked websites.
7.2. Links to the Sites. Unless otherwise set forth in a written agreement between you and Profile Network Inc, you must adhere to Profile Network Inc's linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Profile Network Inc ‘s and/or its licensors' names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Profile Network Inc, (iii) when selected by a user, the link must display the Sites on full screen and not within a "frame" on the linking Sites, and (iv) Profile Network Inc reserves the right to revoke its consent to the link at any time and in its sole discretion.
8. Intellectual Property.
8.1. Trademarks. Profile Network Inc and the Profile Network Inc logo are trademarks/service marks of Profile Network Inc. Unauthorized use of any Profile Network Inc trademark, service mark or logo may be a violation of federal and state trademark laws.
8.2. Copyright. The Sites are protected by U.S. and international copyright laws. Except for your use as authorized above, you may not modify, reproduce or distribute the content, design or layout of the Sites or individual sections of the content, design or layout of the Sites without Profile Network Inc's express prior written permission.
The Sites and the Service are operated by Profile Network Inc in the United States. Those who choose to access the Sites, and/or the Service from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.
The Sites and the Service are not directed toward children less than 13 years of age nor does Profile Network Inc knowingly collect information from children under 13. If you are under 13, please do not submit any personally identifiable information to Profile Network Inc.
11. DISCLAIMER OF WARRANTIES
THE SITES AND SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON¬INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. PROFILE NETWORK INC MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SITES AND/OR SERVICE OR THAT RESULTS YOU EXPERIENCE FROM THE PRODUCTS SOLD THROUGH THE SITES OR SERVICE WILL BE THE SAME AS THOSE DESCRIBED ON THE SITES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITES, THE SERVICE AND/OR THE CONTENT AVAILABLE ON THE SITES AND/OR SERVICE IS AT YOUR SOLE RISK. PROFILE NETWORK INC DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITES AND/OR SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SITES, OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR¬ FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITES OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
12. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROFILE NETWORK INC, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE "RELATED PARTIES") DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITES, SERVICE AND/OR PRODUCTS SOLD THROUGH THE SITES OR SERVICE, EVEN IF PROFILE NETWORK INC AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF PROFILE NETWORK INC OR ANY OF THE RELATED PARTIES EXCEED THE AMOUNT THAT YOU PAID TO US OR OUR DESIGNEES DURING THE SIX (6) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Profile Network Inc and its affiliates shall be limited to the fullest extent permitted by law.
13. Indemnification. You agree to indemnify, defend and hold Profile Network Inc and the Related Parties harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of any breach by you of this ToS or any other policies that Profile Network Inc may issue for the Sites and/or Service from time to time.
14. Dispute Resolution and Governing Law.
14.1. Negotiations. Before initiating any arbitration or court proceeding, you and Profile Network Inc agree to first attempt to negotiate any dispute, controversy or claim related to these ToS ("Claim") (except those Claims expressly provided in Section 14.6 below) informally for at least thirty (30) days. Negotiations will begin upon written notice. Profile Network Inc will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to 4711 Golf rd, Ste 900, Skoie, IL 60076.
14.2. Binding Arbitration. If the parties fail to resolve a Claim through negotiations, within such thirty (30) day period, either you or Profile Network Inc may elect to have the Claim (except as otherwise provided in Section 14.6) finally and exclusively resolved by binding arbitration by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted through the services of the American Arbitration Association, hereinafter referred to as the "AAA." Notice of demand for an arbitration hearing shall be in writing and properly served upon the parties to this Agreement and under the terms set forth in this ToS. In the event of a conflict between the terms set forth in this Section 14.2 and the AAA, the terms in this Section 14.2 will control and prevail. Except as otherwise set forth in Section 14.6, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and we will have the opportunity for discovery of non-¬privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator's decision regarding the Claim, the award given and the arbitrator's findings and conclusions on which the arbitrator's decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this ToS, (i) you and Profile Network Inc may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator;
and (ii) the arbitrator's decision is final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND PROFILE NETWORK INC ARE WAIVING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
14.3. Arbitration Fees. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
14.4. Location. The arbitration will be conducted in Cook County, Ilinois, unless the parties agree to video, phone and/or internet connection appearances. Any Claim not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided exclusively by a court of competent jurisdiction in Cook County, Ilinois, United States of America, and you and Profile Network Inc agree to submit to the personal jurisdiction of that court.
14.5. Limitations. You and Profile Network Inc agree that any arbitration shall be limited to the Claim between Profile Network Inc and you individually. YOU AND PROFILE NETWORK INC AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS¬ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER.
14.6. Exceptions to Negotiations and Arbitration. You and Profile Network Inc agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claims seeking to enforce or protect, or concerning the validity of, any of your or Profile Network Inc ‘s intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such courts' jurisdiction in lieu of arbitration.
14.7. Governing Law. Except as otherwise provided in this ToS, this ToS shall be is governed by, and will be construed under, the laws of the United States of America and the law of the State of Illinois, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
14.8. Severability. You and Profile Network Inc agree that if any portion this Section 14 is found illegal or unenforceable (except any portion of Section 14.6), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 14.6 is found to be illegal or unenforceable then neither you nor Profile Network Inc will elect to arbitrate any Claim falling within that portion of Section 14.6 found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within Chicago, State of Ilinois, United States of America, and you and Profile Network Inc agree to submit to the personal jurisdiction of that court.
15.1. ToS Revisions. This ToS may only be revised in a writing signed by Profile Network Inc, or published by Profile Network Inc on the Sites.
15.2. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Profile Network Inc as a result of this ToS or your use of the Service.
15.3. Assignment. Profile Network Inc may assign this ToS, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the ToS without Profile Network Inc ‘s prior written consent, and any unauthorized assignment by you shall be null and void.
15.4. Severability. If any part of this ToS is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToS shall be given full force and effect.
15.5. Attorneys' Fees. In the event any litigation is brought by either party in connection with this ToS, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys'
fees and other expenses incurred by such prevailing party in the litigation.
15.6. No Waiver. Our failure to enforce any provision of this ToS shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this ToS shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
15.7. Notices. All notices given by you or required under this ToS shall be in writing and addressed to: Profile Network Inc
15.8. Equitable Remedies. You hereby agree that Profile Network Inc would be irreparably damaged if the terms of this ToS were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this ToS, in addition to such other remedies as we may otherwise have available to us under applicable laws.
15.9. Entire Agreement. This ToS, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Sites and/or Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Sites and/or Service.
We are committed to providing the best products and friendliest customer service. If you should have any questions about ordering or about any of our great products, please feel free to contact us via the information provided below:
To inquire about the Celebrity Sweat subscription service:
For existing customers, click HERE to access your account.
If you need help, click HERE, and then click the NEED HELP button
To check the status of your Free Workout kit, click the Check Order Status link below:
CHECK ORDER STATUS HERE
Collection of Information about Visitors
The Website routinely collects information about Visitors. Information is obtained in various ways, including the following examples: (1) pages or pop-ups where Visitors enter information, (2) orders for products or services from Visitors, (3) email inquiries, (4) telephone, mail or other communication with the Website, (5) Visitor interaction with banners, pop-ups or Website advertisers, (6) surveys, (7) registrations, (8) recognition of the IP Address of the device, such as the Visitor's computer, which is connected to the Website, and (9) cookies, which are discussed further immediately below.
Examples of Collected Information
Information collected by the Website includes the following examples: (1) information entered by Visitors, including name, address, telephone number and email address, (2) information about Visitors and Visitors' computers which is collected electronically by the Website, (3) the same information collected about Visitors may be collected from someone such as a friend to whom Visitors send emails from this Website, or to whom Visitors send the URL or a page of the Website, and (4) credit card information.
Using and Disclosing Collected Information
Credit card numbers, CVS (back of the card) numbers and expiration dates provided by Visitors are never revealed by the Website to anyone except to processing agencies and/or law enforcement authorities and/or in connection with fraud investigations and litigation. Otherwise, collected information may be used for commercial solicitation and/or general marketing and/or other commercial purposes by the Website. Collected information may be combined and/or compared with other information collected from other websites and/or elsewhere. Collected information may be used to create other information about Visitors and about others, such as behavioral profiles and buying habits. Collected information may be disclosed to and shared with outside third parties for all of the same purposes. In addition, the Website will disclose information when required by law, or if the Website believes that such disclosure is warranted to: 1) Conform to the edicts of the law or comply with legal process served on the Website; 2) Protect and defend the rights or property of the Website, or Visitors to the Website; 3) Identify persons who may be violating the law, the rights of third parties, or otherwise misusing the Website; 4) Cooperate with the investigations of purported unlawful activities.
Interaction with Other Websites
If Visitors click on banners and/or pop-ups and/or hyperlinked advertising from the Website, they must assume that information is being collected about them, and the Website is not responsible for the use of information collected. Also, the Website is not responsible for the content of the landing pages and/or websites to which Visitors are linked.
Bulletin Boards and Public Forums
Visitors who use any site providing bulletin boards or other public forums, such as chat rooms, should be aware that the Website does not monitor these services. The Website does not protect Visitors in any manner regarding information Visitors post publicly and/or share with anyone else, including information about the Website's products and/or services.
Security and Transfers
The Website uses reasonable precautions to keep its information secure. The Website reserves the right to transfer all its information in connection with the sale of all or part of its business, capital stock or assets. The Website is not responsible for any breach of security or for any actions of any third parties that receive the information. The Website is not responsible for such third party privacy policies or how they treat information about their users.
As an added benefit to Visitors, the Website has a relationship with Celebrity Sweat, an independent, third party company that sends e-mail and mobile announcements to Visitors who request to receive them. When Visitors sign up for an e-mail or mobile confirmations from the Website, they are given the opportunity to also receive announcements and alerts from Celebrity Sweat. Whether Visitors want to receive these announcement and alerts is their choice; Visitors should only receive those lists they affirmatively choose to receive. If Visitors choose to receive a specific announcement list, they will receive commercial messages that are related to the topic of the list from independent third parties that have contracted with the Website and/or Celebrity Sweat to send messages to the list. Visitors may stop the arrival of these announcement lists at any time by removing their e-mail addresses or mobile numbers from the list by following the instructions on the e-mails and mobile alerts they receive.