Train Like an Animal - Terms And Conditions

INTRODUCTION

Welcome to TRAINLIKEANANIMAL.COM (“Site”). The Site is provided by KICKASSMEDIA, a subsidiary of Nana Plaza, LLC d/b/a KickAssMedia, (referred to throughout this Site as KICKASSMEDIA) as a service to our customers. Please review the following basic rules that govern your use of our Site (the "Agreement"). Please note that your use of our Site constitutes your unconditional agreement to follow and be bound by these Terms and Conditions. Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the Terms. KICKASSMEDIA reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the Site following any such change constitutes your unconditional agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Site.

1) USE OF THIS SITE

This Site and all its Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of KICKASSMEDIA or its suppliers and protected by U.S. and international copyright laws. The content and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Site is strictly prohibited. TRAIN LIKE AN ANIMAL is a trademark of Nana Plaza, LLC, used under license.
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2) SITE SECURITY

Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. KICKASSMEDIA will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from KICKASSMEDIA on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
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3) ORDER ACCEPTANCE

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
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4) PRICE INFORMATION

While KICKASSMEDIA strives to provide accurate product and pricing information, pricing or typographical errors may occur. KICKASSMEDIA cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, KICKASSMEDIA will have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, KICKASSMEDIA may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

We strive to provide you with the best prices possible on TRAINLIKEANANIMAL.COM as well as in our stores. However, sometimes a price online does not match the price in a store or on another web site. Prices and availability are subject to change without notice.
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5) QUANTITY LIMITS & DEALER SALES

KICKASSMEDIA reserves the right to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same Site or KICKASSMEDIA account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer e-mail and/or billing address provided should such limits be applied. KICKASSMEDIA also reserves the right to prohibit sales to dealers. If you are interested in purchasing multiple quantities of items for a corporation or institution, please contact us by email at sales@kickassmedia.com.
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6) GENERAL

This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement will remain in full force and effect. The failure of KICKASSMEDIA to act with respect to a breach of this Agreement by you or others does not constitute a waiver and will not limit KICKASSMEDIA's rights with respect to such breach or any subsequent breaches. This Agreement will be governed by and construed under the law of the State of Texas, U.S.A., without reference to its conflict of law principles, as such law applies to agreements between Texas residents entered into and to be performed within Texas. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the state courts of Texas.
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7) USER REVIEWS, FEEDBACK, SUBMISSIONS

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to KICKASSMEDIA on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") will be and remain KICKASSMEDIA's property. Such disclosure, submission or offer of any Comments will constitute an assignment to KICKASSMEDIA of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments.

Thus, KICKASSMEDIA will own exclusively all such rights, titles and interests and will not be limited in any way in its use, commercial or otherwise, of any Comments. KICKASSMEDIA will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.

KICKASSMEDIA is and will be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".

If and when KICKASSMEDIA posts comments on this Site or on any of KICKASSMEDIA’s affiliated sites, although it will not regularly review posted Comments, it will reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant KICKASSMEDIA the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and will remain solely responsible for the content of any Comments you make and you agree to indemnify KICKASSMEDIA and its affiliates for all claims resulting from any Comments you submit. KICKASSMEDIA and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
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8) COLORS

We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
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9) INDEMNIFICATION

You agree to defend, indemnify and hold KICKASSMEDIA harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site and any products sold via this Site. Please also see section 12 of this document.
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10) TERMINATION

These terms are effective unless and until terminated by either you or KICKASSMEDIA. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. KICKASSMEDIA also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in KICKASSMEDIA's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or KICKASSMEDIA, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise. These terms are effective unless and until terminated by either you or KICKASSMEDIA. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. KICKASSMEDIA also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in KICKASSMEDIA's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or KICKASSMEDIA, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise.
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11) DISCLAIMER

This Site is provided by KICKASSMEDIA on an "as is" and "as available" basis. KICKASSMEDIA makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, or products included on this Site. To the full extent permissible by applicable law, KICKASSMEDIA disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, KICKASSMEDIA disclaims any and all warranties, express or implied, for any merchandise offered on this Site. You acknowledge, by your use of the Site, that your use of the Site is at your sole risk. This disclaimer does not apply to any product warranty offered by the manufacturer of the item. This disclaimer constitutes an essential part of this agreement. Some states do not allow limitations on how long an implied warranty lasts, so the foregoing limitations may not apply to you.
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12) LIMITATION OF LIABILITY

Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, will KICKASSMEDIA or any of its affiliates, employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Site, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of KICKASSMEDIA has been advised of or should have known of the possibility of such damages. In no event will KICKASSMEDIA be liable for any damages in excess of the fees paid by you in connection with your use of the Site during the six-month period preceding the date on which the claim arose.

The information (including, without limitation, advice and recommendations) and services on the Site is intended solely as a general educational aid and is neither medical nor healthcare advice for any individual problem nor a substitute for medical or other professional advice and services from a qualified healthcare provider familiar with your unique facts. Always seek the advice of your physician or other qualified healthcare provider regarding any medical condition and before starting any new treatment. Nothing contained in the Site is intended to be used for medical diagnosis or treatment. The information and services are provided with the understanding that neither KICKASSMEDIA nor its affiliates, suppliers or users are engaged in rendering legal, medical, counseling, or other professional services or advice. Your use of the Site is subject to the additional disclaimers and caveats that may appear throughout the Site. KICKASSMEDIA and its affiliates and agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services, or other material on the Site. While KICKASSMEDIA strives to keep the information on the Site accurate, complete, and up-to-date, KICKASSMEDIA and its affiliates and suppliers cannot guarantee, and will not be responsible for, any damage or loss related to the accuracy, completeness, or timeliness of the information.

You further agree that you understand and accept the following warnings and cautions as they relate to A) Site-featured downloadable, printed, DVD, audio and video programs and B) Site-featured products:

A) Site-featured downloadable, printed, DVD, audio and video programs

Site-featured downloadable, printed, DVD, audio and video programs are fully protected under the laws of copyright and trademark. Any unauthorized duplication, exhibition, distribution or other use of this program, or any part thereof, without prior written consent is strictly forbidden by law, including United States federal law. Violators will be prosecuted to the maximum extent of the law. Please note the following important cautions before using any Site-featured exercise program or product: not all exercises are suitable for everyone, and Site-featured exercise and any exercise program may result in injury. Consult with your doctor before embarking on a Site-featured exercise program or any other exercise program. To reduce the risk of injury, never force or strain during exercise. If you experience pain or discomfort during exercise, stop immediately and consult your doctor. Certain special cautions apply to this or any other exercise program. For example, women who are menstruating should not practice inverted poses, back bends, or vigorous standing poses. Pregnant women should not practice twists or any abdominal tightening poses. Other special cautions may apply to individuals with specific health issues. For that reason, you should consult your doctor to find out if special restrictions apply to you. The creators, producers, performers, participants and distributors of Site-featured programs cannot guarantee that the programs are safe and proper for every individual. For that reason, all Site-featured programs are sold without warranties or guarantees of any kind. Any liability, loss or damage in connection with Site-featured programs, including but not limited to any liability, loss or damage resulting from the performance of the exercises demonstrated here, or the advice and information given here, is expressly disclaimed.

B) Site-featured products

Please note the following important warning regarding the use of Site-featured products and equipment in general:

WARNING: improper use of exercise equipment may cause serious bodily injury. To reduce risk of injury, please read the following:

Before starting any exercise program, consult a physician.
Before using the equipment, read and follow relevant safety instructions and obtain thorough instruction from a qualified trainer.
Use equipment only for intended exercises.
Make sure the equipment is properly adjusted for your size and ability level.
Stop exercising if you experience chest pain, feel faint, have difficulty breathing or experience musculoskeletal discomfort.
Keep body, hair and clothing free from all moving parts.
Do not use if equipment appears worn, broken or damaged. Do not attempt to repair equipment yourself.
Do not allow children to use or be around equipment without adult supervision.

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13) TRADEMARKS AND COPYRIGHT

Unless otherwise noted, all materials, including images, text, illustrations, designs, icons, photographs, programs, video clips and written and other materials that are part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by KICKASSMEDIA, one of its affiliates or by third parties who have licensed their materials to KICKASSMEDIA and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of KICKASSMEDIA and is also protected by U.S. and international copyright laws.

Site-featured video and DVD programs are fully protected under the laws of copyright and trademark. Any unauthorized duplication, exhibition, distribution or other use of this program, or any part thereof, without prior written consent of Nana Plaza, LLC, is strictly forbidden by the laws of the United States and other countries. Violators will be prosecuted to the maximum extent of the law.

© 2004 Nana Plaza, LLC. All Rights Reserved.

KICKASSMEDIA and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and will not be considered as conferring upon anyone any license under any of KICKASSMEDIA's or any third party's intellectual property rights.

The TRAIN LIKE AN ANIMAL names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Nana Plaza, LLC, used under license. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.

References on this Site to any names, marks, products or services of third parties or hypertext links to third-party sites or information are provided solely as a convenience to you and do not in any way constitute or imply KICKASSMEDIA's endorsement, sponsorship or recommendation of the third party, information, product or service. KICKASSMEDIA is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third-party web sites, you do so entirely at your own risk.
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14) HEALTH & SAFETY CAUTION

Consult a physician before starting any exercise program. Discontinue exercise immediately if you experience pain or discomfort. Improper use of exercise equipment may cause serious injury.

Use Site-featured equipment only after “use and safety” training by certified instructors. By choosing to use Site-featured equipment, you and your clients and patients assume the sole responsibility for its proper use.

You agree to release, indemnify, and hold harmless all retailers, distributors, and manufacturers for injuries resulting from your unsafe or improper use of Site-featured equipment.

To prevent unsafe or improper use of Site-featured equipment, please read all assembly information thoroughly and follow the directions carefully.

Site-featured equipment and its components are subject to wear and stress.

Proper maintenance and timely replacement of your equipment or component parts is your responsibility. Consult your user’s manual to determine when to replace parts.
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Do you still have questions?

To inquire about our products and services contact one of our knowledgeable Customer Service Representatives at: sales@kickassmedia.com

If you have a question about our Terms & Conditions, please email us at: sales@kickassmedia.com addressing your inquiry to “Legal Counsel, Nana Plaza, LLC.”

KickAssMedia is a subsidiary of Nana Plaza, LLC, located at 3521 Oak Lawn Suite 317,Dallas, Texas 75219

™ /® Trademark or registered trademark of Nana Plaza, LLC, used under license.

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