Club Rapid Thermal Online Fitness Program
Terms & Conditions

The information contained in the Club Rapid Thermal is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. Consult with your doctor or other health care professional before starting any new exercise program, including those set forth in the Club Rapid Thermal.

You should not use the information available in the Club Rapid Thermal for diagnosing or treating any heath problem or disease.

You agree that you are using the Club Rapid Thermal at your sole risk and that PPN and its affiliates do not warrant that the information contained in the Club Rapid Thermal is accurate, complete, or reliable. No representations or warranties are made about the results you may achieve from using the information in the Club Rapid Thermal. Individual results will vary and there are no typical results you can expect from following any of the information in the Club Rapid Thermal.

You agree that you will be solely responsible for your use of any information contained in the Club Rapid Thermal, including, without limitation, any personal injury you incur. You agree that PPN and its affiliates shall not be liable for any damages resulting from your use of the information contained in the Club Rapid Thermal, including, without limitation, any personal injury.

Thank you for visiting our Web site. In order to provide you with the best service possible, we want you to fully understand the terms and conditions set forth below (our "Terms of Use") by which Pure Performance Nutrition (referred to herein as "PPN", "us" or "we") offers services and information on or through this Web site. Please review these Terms of Use carefully.
By using this Web site (collectively referred to in these Terms of Use as our "Web site") you agree to be bound by the terms set forth herein. We may make changes to our Web site, these Terms of Use, or the policies and conditions that govern the use of our Web site at any time. We encourage you to review our Web site and these terms periodically for any updates or changes. Your continued access or use of our Web site shall be deemed your acceptance of these changes and the reasonableness of these standards for notice of changes. If you do not agree and/or no longer agree to be bound by the Terms of Use, you may not use and must immediately cease your use of the Web site.

HEALTH-RELATED INFORMATION
The information contained in the Web site is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional.

You should not use the information available on or through the Web site Web sitefor diagnosing or treating a health problem or disease, or prescribing any medication.

Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.

USE OF WEBSITE
You agree to use the Web site for lawful purposes. You agree not to use the service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another or that violates any federal, state, or local law. You agree that PPN may in its sole discretion terminate your access to our Web site, without notice, if we believe you have in any way violated our Terms of Use.

MODIFICATIONS
We reserve the right to modify or discontinue, temporarily or permanently, any or all of the Web site and/or any or all features, services or information appearing on or available through any or all of the Web site with or without notice to you. You agree that we shall not be liable to you or any third-party for any modification or discontinuance of such features, services, or information on the Web site or the Web site itself.

INDEMNITY
You agree to indemnify and hold PPN and our parents, affiliates (and their franchisees and licensees), and subsidiaries, officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our Web site, your connection to our Web site, your violation of these Terms of Use, or your violation of any rights of another party. This indemnity survives termination of these Terms of Use.

SUBMISSION OF INFORMATION OR MATERIALS
You agree to provide true, accurate, current and complete information about yourself if and when you elect to provide personal information to us. You also agree to maintain and promptly update any such information to keep it accurate. Other than personally identifiable information, which is addressed under our Privacy Policy, any and all comments, suggestions, ideas, graphics, or other information that you transmit or post to the Web site becomes and will remain the property of PPN and may be used by PPN anywhere, anytime and for any reason whatsoever. Except as may be provided in the Privacy Policy, any information or materials submitted to PPN will be treated as non-confidential and non-proprietary, and we will not have any obligation to use or evaluate any information we receive from you. PPN will not have to pay you or anyone else for using any ideas or other materials that you may transmit to or post on the Web site. You should rely solely on your rights under patent, trademark, and copyright laws. The receipt or consideration of your information by PPN shall in no way impair the right of PPN to contest the validity of your patent, trademark or copyright.

LINKS
Our Web site may provide links to other Web sites or resources. These links are for your convenience only and are not under our control. You acknowledge and agree that PPN is not responsible for the availability of such external sites or resources, and does not endorse any such site, its use or contents and is not responsible or liable for any content, advertising, products, or other materials on or available from such Web sites or resources. You agree that PPN shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on such external sites or resources. In the event you decide to access or use any of these other Web sites or resources, you agree you do so at your own risk.

OUR PROPRIETARY RIGHTS
The Web site is owned and operated by PPN. The contents of the Web site are Copyright 2003 Pure Performance Nutrition. All Rights Reserved. You acknowledge and agree that all content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in advertisements or information presented to you on our Web site is protected by our or other third parties' copyrights, trademarks, service marks, patents, or other proprietary rights and laws. PPN authorizes you to view and download materials at the Web site only for your personal, non-commercial use, provided you retain all copyright and proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials on the Web site in any way or reproduce or publicly display, perform, distribute, transmit, create derivative works of, or otherwise use them for any public or commercial purpose. Any use of these materials on any other Web site (including without limitation, displaying this Web site or any material displayed on or that can be downloaded from this Web site in frames on another Web site without PPN's express written permission) is prohibited.

SALE OF PRODUCTS
You may be provided with the opportunity to purchase products through the Web site and/or from third party Web sites linked to the Web site. Products purchased through the Web sites of others are subject to the terms and conditions of such other parties and their Web sites, and PPN shall have no liability or responsibility therefore.

DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF OUR WEB SITE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

PPN AND ITS PARENTS, AFFILIATES (AND THEIR FRANCHISEES AND LICENSEES) AND SUBSIDIARIES (COLLECTIVELY, "AFFILIATES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PPN AND ITS AFFILIATES MAKE NO WARRANTY, EXPRESS OR IMPLIED, THAT THE WEB SITE OR ANY SERVICES, PRODUCTS, OR INFORMATION OBTAINED ON OR THROUGH THE WEB SITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES PPN OR ITS AFFILIATES MAKE ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR ANY SERVICES, PRODUCTS OR INFORMATION OBTAINED ON OR THROUGH THE WEB SITE OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY THEREOF. PPN MAKES NO COMMITMENT TO UPDATE OR CORRECT ANY INFORMATION THAT APPEARS ON THE WEB SITE OR ANY WEB SITE LINKED HEREUNDER.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE OR NONUSE OF SUCH INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION AND ANY BODILY INJURY. PPN AND ITS AFFILIATES MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE WEB SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEB SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PPN OR THROUGH OR FROM ANY SERVICE OR PRODUCT ON THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
YOU AGREE THAT PPN AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE WEB SITE OR ANY SERVICES, PRODUCTS OR INFORMATION OBTAINED ON OR THROUGH THE WEB SITE, EVEN IF PPN OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FROM: PERSONAL INJURY; DOWNLOADING ANY MATERIAL CONTAINED ON OR ACCESSED THROUGH THE WEB SITE; LINKING TO ANY THIRD PARTY WEB SITE FROM THE WEB SITE; ANY UNAUTHORIZED ACCESS TO ANY INFORMATION ON THE WEB SITE AND/OR SUBMITTED BY YOU TO OR THROUGH THE WEB SITE; COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE; AND/OR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES.

YOU FURTHER AGREE THAT PPN AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEB SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

DOMESTIC USE; EXPORT RESTRICTION
We control the Web site from our offices within the United States of America. We make no representation that the Web site or its content (including, without limitation, any products or services available on or through the Web site) are appropriate or available for use in other locations. Users who access the Web site from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Web site may be downloaded in violation of United States law.

APPLICABLE LAW; JURISDICTION
Any claim relating to the Web site, our Terms of Use, and the relationship between you and us shall be governed by the laws of the United States and the Commonwealth of California without regard to its conflict of law provisions. You and PPN agree to submit to the personal and exclusive jurisdiction of the courts located within the Commonwealth of California.

GENERAL
These Terms of Use and our Privacy Policy constitute the entire agreement between you and PPN with respect to the Web site; provided, however, that certain provisions of these Terms of Use may be superceded by expressly designated legal notices or terms which may be located on particular pages on the Web site. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision by us. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of our Terms of Use remain in full force and effect. Your agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web site or our Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

These Terms of Use were last updated on June 30, 2003.