TURN-AND-BURN FITNESS TERMS AND CONDITIONS

Welcome to Turn-and-Burn Fitness, a service of Fitness Now LLC. (hereinafter, the "Company" or "FITNESS NOW"). You must agree to the following terms of use in order to proceed and open a membership account to this website.  Please review the following terms carefully, as they govern the relationship between you and the Company.  If you do not agree to these terms, you may not open an account with this website, and you should not continue through the registration process.

Acceptance of Agreement: You hereby agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to the FITNESS NOW website. This Agreement constitutes the entire and only agreement between you and Company, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the website, the content posted on the website, the marketing copy of the website, all products or services provided by or through the website, and the subject matter of this Agreement. This Agreement may be amended at any time, from time to time, by FITNESS NOW without specific notice to you.  The latest Agreement will always be posted on the website, and you should review this Agreement prior to using the website, each and every time you visit and/or use the website.

PRIVACY POLICY. FITNESS NOW respects your privacy and permits you to control the treatment of your personal information. Your email and other personal information is used for the sole purpose of delivering information on your Turn-and-Burn Fitness Account.  Your email address or other personal information will never be shared or sold to any outside party.

Legal Disclaimer & Release: The information provided on the FITNESS NOW website is designed to help and assist you to make informed decisions about your health.  It is not intended as a substitute for the advice or treatment that may have been prescribed by your physician or any other health care providers.  You should always consult your physician prior to participating in any exercise or diet program.

This website provides FITNESS NOW's opinion in regards to the subject matter contained herein. You agree that your participation in the FITNESS NOW programs is at YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY FITNESS NOW, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT.  UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES OR INJURIES ARISING FROM YOUR USE AND APPLICATION, EITHER DIRECTLY OR INDIRECTLY, OF ANY ADVICE, INFORMATION, ACTIVITIES OR METHODS PRESENTED WITHIN THE SITE.

THE INFORMATION FROM OR THROUGH THE WEBSITE IS PROVIDED "AS IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).  THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.  FITNESS NOW, ITS OFFICERS AND EMPLOYEES, AND AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN FITNESS NOW AND YOU. THIS WEBSITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

Before following any of the FITNESS NOW information or recommendations you agree to consult with your physician and get a physical examination from your physician, especially if you are considered to be at risk for potential problems resulting from an exercise program and/or making changes in your diet.

By joining the FITNESS NOW website, you understand and agree that you are solely responsible for the way that the information on the FITNESS NOW website is perceived and utilized, and do so at your own risk. In no way will you hold FITNESS NOW, nor any of its owners, officers, directors, employees, agents, information providers, experts, partners, affiliates, or suppliers responsible for any injuries or problems that might occur due to your use of this website or the advice contained within.

Notwithstanding the foregoing or following paragraphs, the total liability of FITNESS NOW and its owners, officers, directors, employees, agents, information providers, experts, partners, affiliates, or suppliers, if any, for losses or damages shall not exceed the fees paid by you for the particular information or service provided. All other damages, direct or indirect, special, incidental, consequential or punitive arising from any use of the information or other parts of the FITNESS NOW website are hereby excluded even if FITNESS NOW or its owners, officers, directors, employees, agents, information providers, experts, partners, affiliates, or suppliers, have been advised of the possibility of such damages.

CONSENT TO RECEIVE EMAIL.  You hereby consent to receive periodic email communications from FITNESS NOW regarding customer service issues, regular FITNESS NOW content, new product offers and other matters.

OVER 18 YEARS OLD.  YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

Membership Agreement: Those who become FITNESS NOW members will receive a password that provides full access to all of the information presented within the FITNESS NOW website and consulting from all of FITNESS NOW's personnel.  Only registered FITNESS NOW members have permission to view and print any and all of the information provided within the FITNESS NOW website. Members, or anyone otherwise, may not loan, rent, lease, or otherwise transfer the information to another person without the written permission of FITNESS NOW.

The FITNESS NOW membership password is strictly confidential and can only be known and used by the registered member. Anyone who shares or reveals their membership password, or any of the information presented within the FITNESS NOW website without specific written permission from FITNESS NOW, is violating the conditions of this agreement with FITNESS NOW. This will result in an automatic termination of membership and violators may be subject to a contract violation fee and/or criminal charges.

The entire contents of the FITNESS NOW website are copyrighted under the laws of the United States and other copyright laws. You agree to comply with all copyright laws intellectual property rights or negligent or wrongful conduct by you or any other person accessing FITNESS NOW using your membership password.

You may cancel your FITNESS NOW membership at any time, with or without cause, upon e-mail notice or a phone call, and we will promptly delete you from our files. Both Trial and Full memberships will automatically renew, however, on your monthly renewal date for the full monthly membership price ($11.99 per month), as long as you still have access to the website, until you cancel your membership. You must provide at least 24 hours notice of cancellation prior to the monthly renewal date in order to avoid the full monthly membership price.  There are no partial refunds available upon cancellation, but you will have full membership access through the last month for which you have paid.  The foregoing provisions regarding your confidential password, indemnification, waiver, and release and limitation of liability, shall survive any termination of this agreement, however.

Placing a check in the box next to "I agree to the above Terms and Conditions" indicates that you have read this entire agreement, understand it completely, and agree to be bound by its terms.

Miscellaneous: This Agreement shall be treated as though it were executed and performed in Dallas, Texas, and shall be governed by and construed in accordance with the laws of the State of Texas (without regard to conflict of law principles). Any cause of action by you with respect to the website (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.  All actions shall be subject to the limitations set forth in above.  The language in this Agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party.  All legal proceedings arising out of or in connection with this Agreement shall be brought exclusively and solely in the State District Courts of Collin County, Texas. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the website is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.  FITNESS NOW's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

If you have any questions or concerns regarding these Terms and Conditions, please e-mail us at contact@turn-and-burn.com and expect a detailed, speedy reply. The below is additional information on our privacy policy and the security used both on- and off-line to help you feel comfortable and confident in purchasing a FITNESS NOW membership, providing us with personal information, and working with FITNESS NOW to reach your fitness goals.

Security: The FITNESS NOW website takes every precaution to protect all of our members' information. When users submit personal, sensitive information via the FITNESS NOW website (such as a credit card or phone number), your information is protected both on- and off-line. This personal, sensitive information is encrypted and protected with the very best encryption software in the industry.

So, when submitting your personal and payment info on the FITNESS NOW website, please feel comfortable and confident that your information is safe and secure.

We also do everything in our power to protect our members' information off-line as well. All of our members' information is restricted in our offices. Only employees who need the information to perform a specific task (i.e billing, refunds, or customer service) are granted access to personally identifiable information.

Furthermore, all FITNESS NOW employees are kept up-to-date on our security and privacy practices. Every quarter, as well as any time new policies are added, our employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure our members' information is protected.

The Effective Date of these Terms & Conditions shall be the date you or your employer submitted your membership application.