Terms of Use Agreement

Please read the following Terms of Use Agreement carefully:

This Terms of Use Agreement sets forth the standards of use of the dothemod.com Online Workout Video Service. By registering for dothemod.com you agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at dothemod.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

Dothemod.com is providing you with an online workout video service. Workouts are played online and viewed on your computer monitor. You must provide (1) all equipment necessary for your internet connection, including computer and internet connectivity equipment such as a modem, (2) all equipment necessary for playing online video, including computer and computer monitor, and (3) an active internet connectivity service. You are responsible for paying all fees related to your internet connectivity service.

The use of dothemod.com online workout video service is limited to registered users. As part of the registration process, you will acquire an initial set of Workouts. Workouts are purchased using Google TM Checkout or awarded via promotional programs (note: a valid promo code is required).

A workout is defined as a sequence of one or more segments (termed "Mods"). The duration of a workout is the sum of durations of its Mods. You may create your own workouts using the dothemod.com "Build a Workout" tool or select from a list of pre-designed workouts. Pre-designed workouts range from 30:13 minutes to 49:18 minutes in duration, and user-created workouts may be up to 59:03 minutes in duration. Each time you play a workout, your balance of available Workouts is decreased by one.

When you run out of available Workouts, you may acquire additional Workouts at the dothemod.com website. Your payments to dothemod.com are NOT automatically renewed and are non-refundable. At the time of acquisition, Workouts are assigned expiration dates. Workouts that are not used by the expiry date are deducted from your account at midnight U.S. Eastern Standard Time the day of their expiry.

2. Disclaimer of Warranties

The site is provided by Zoom on Fit, Inc. on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Zoom on Fit, Inc. makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Zoom on Fit, Inc. shall have no liability for any interruptions in the use of this Website. Zoom on Fit, Inc. disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

3. Limitation of Liability

Any fitness program carries a risk of medical harm or physical injury. Consult your physician before beginning this or any fitness routine. The creators, producers, publishers, and principals of dothemod.com web site and workouts do not assume any liability for injury or loss, personal or otherwise, which is incurred as a consequence, directly or indirectly, of the use of our workouts, the instructions therein, and any of the material presented on this site. By using the dothemod.com website, you agree to proceed at your own risk.

ZOOM ON FIT, INC. SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR ZOOM ON FIT, INC. SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF ZOOM ON FIT, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

4. Indemnification

You agree to indemnify and hold Zoom on Fit, Inc., its subsidiaries, affiliates, principals, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your use of the Service, the violation of this Agreement, or infringement by you, or other user of the Service using your computer or your dothemod.com account, of any intellectual property or any other right of any person or entity.

5. Modifications and Interruption to Service

Zoom on Fit, Inc. reserves the right to modify or discontinue the Service with or without notice to you. Zoom on Fit, Inc. shall not be liable to you or any third party should Zoom on Fit, Inc. exercise its right to modify or discontinue the Service. You acknowledge and accept that Zoom on Fit, Inc. does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

6. Privacy

Zoom on Fit. Inc. is committed to respecting your privacy and will not disclose any personally identifiable information to third parties. Please read our complete privacy policy at http://dothemod.com/privacy.php.

7. Termination

Zoom on Fit, Inc. may, in its sole discretion, terminate your use of the dothemod.com service for any reason. Upon any such termination, Zoom on Fit, Inc. may bar you from any future dothemod.com registration. Zoom on Fit, Inc. is not liable to you or to any third party for any such termination.

8. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all users to review said privacy policies of third-parties’ sites.

9. Governing Jurisdiction of the Indiana Courts

Our website is operated and provided in the State of Indiana. As such, we are subject to the laws of the State Indiana, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Indiana.

10. Compliance with Laws

You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

11. Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2008-2009 Zoom on Fit, Inc., with all rights reserved, or is the property of Zoom on Fit, Inc. and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or stream capture, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Zoom on Fit, Inc. is strictly prohibited. You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Zoom on Fit, Inc..

Zoom on Fit™ and dothemod.com ™ are proprietary marks of Zoom on Fit, Inc. Zoom on Fit, Inc.’s trademarks may not be used in connection with any product or service that is not provided by Zoom on Fit, Inc., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Zoom on Fit, Inc..

12. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Zoom on Fit, Inc. designates the following email address for receipt of notifications of claimed copyright infringement: info@dothemod.com.

13. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Zoom on Fit, Inc., in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a dothemod.com registered user. You agree that by accepting this Terms of Use Agreement, you are consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

This Terms of Use Agreement was last updated on January 4, 2009.