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General Terms of Use

BIGGESTLOSERLIVETRAINING.COM
WEBSITE VISITOR'S TERMS OF USE AGREEMENT
AND PRIVACY POLICY NOTICE
Effective and last revised on February 15, 2012

AGREEMENT TO WEBSITE VISITOR'S TERMS OF USE
Before accessing AFAA's web site at http://biggestloserlivetraining.com ("BLLT.com,") please read all of the following Website Visitor's Terms of Use ("BLLT.com TOU"), including the important warnings, restrictions and disclaimers. Whenever the term "access," "accesses" or "accessing" appears in the BLLT.com TOU, it refers to and includes accessing, entering, using, viewing and/or visiting BLLT.com. By accessing BLLT.com, you (also referred to herein as the "user" or "users") confirm that you have read and understood, and agree to be bound by, all of the following BLLT.com TOU, including the important warnings, restrictions and disclaimers set forth below.

If you do not agree to be bound by all of the following warnings, restrictions and disclaimers, please exit BLLT.com immediately. You may not use or access BLLT.com, or any of its services, content, resources or facilities, if you do not agree to be bound by the BLLT.com TOU.

AFAA may revise and update the BLLT.com TOU at any time, and your continued access to or use of BLLT.com thereafter shall constitute acceptance of such revised and updated terms. You are obliged to monitor the AFAA/com TOU as posted on BLLT.com to determine the current terms and conditions of the BLLT.com TOU, as they may be changed from time to time. By accessing BLLT.com after any such changes, you ratify, approve and agree to be bound by any such changes. If you do not agree to be bound by the current BLLT.com TOU, you must exit BLLT.com and cease all use of its content, resources and facilities. The BLLT.com TOU was last revised on September 19, 2011.

BLLT.com is not intended for or directed to users under the age of 18. You may not use BLLT.com or any of its content, resources or facilities if you are not of legal age to form a binding contract with AFAA, or you are a person barred from receiving services or products under the laws of the United States or other applicable jurisdiction. By accessing BLLT.com, you acknowledge and agree that you are representing to AFAA that you are over the age of 18 and you are of legal age to form a legally binding contract, and you are not a person barred from receiving or purchasing services or products under the laws of the United States or other applicable jurisdiction.

IMPORTANT NOTE: The BLLT.com TOU and Privacy Policy incorporates by reference, and are incorporated by reference in, various other terms, conditions and agreements that are applicable to some but not all users, including but not limited to the following documents that relate to the BIGGEST LOSER PRO™ and BIGGEST LOSER LIVE TRAINING™ products and services ("the Service"): Independent Contractor Agreement, Certificate of Completion and Agreement, and the Special Terms of Use and Liability Waiver displayed at www.biggestloserlivetraining.com.

2. AFAA STATEMENT OF PRINCIPLES AND VALUES
AFAA is committed to serving the needs of health and fitness professionals and enthusiasts. AFAA operates BLLT.com according to the following basic principles and values:

Authenticity: We require BLLT.com users to provide their real names to ensure honest and open communication among users.

Professionalism: AFAA does not, under any conditions, allow the selling of copyrighted material, and reserves the right to remove any unlawful or potentially unlawful posting on BLLT.com. If AFAA, in its sole and absolute discretion, determines that a user or visitor to BLLT.com has posted or submitted any communication or content which is unlawful, harmful, threatening, abusive, harassing, defamatory, false, vulgar, obscene, libelous, invasive of another's privacy, hateful, racist, fraudulent, or otherwise objectionable, then, in addition to any other remedies available at law or equity, AFAA may permanently revoke such user's permission to access or use BLLT.com.

Intellectual Freedom: AFAA encourages open and honest communication on every topic of potential interest to BLLT.com users.

3. DISCLAIMERS AND CAUTIONARY NOTES

Consult a Professional. AFAA and the contributors to BLLT.com are not engaged in rendering medical, legal, or other professional advice or other services, and the contents of BLLT.com are not intended to take the place of such advice. Please consult a physician or other appropriate professional before using any of the information, advice, goods, services or other resources that you may find on BLLT.com or other resources that may be mentioned or made accessible through BLLT.com. Please use caution and common sense in evaluating and using this or any other resource on the World Wide Web and the Internet.

No Endorsement or Guarantee by AFAA. AFAA does not endorse, sponsor, or guarantee any of the information, advice, goods, services, or other resources that may be mentioned or made accessible throughout BLLT.com. AFAA does not endorse or sponsor, and is not affiliated with, the advertisers or providers of such information, advice, goods, services, or other resources. Users who post or respond to the postings on BLLT.com are not officers, directors, employees, representatives, or agents of AFAA, and AFAA disclaims any responsibility or liability for or to such users, and you agree that AFAA shall have no such responsibility or liability.

No Endorsement or Affiliation With Trainers, Instructors, or Others. Without limiting the foregoing notice, please note the following important cautions:

Background: Users are cautioned that AFAA makes no representations or warranties and assumes no liability regarding the background, suitability or qualifications of individuals who may participate in the Service, whether as providers or a recipients of products and services, and encourages all participants to make their own inquiries regarding the suitability of such individuals. For the user's consideration, a list of online services that offer background information is provided below. However, AFAA makes no representations or warranties and assumes no liability regarding the adequacy of such sites. It is the sole and complete responsibility of the user to decide whether and how to determine if the providers and recipients of participants in the Service are satisfactory. Any user who leaves this site and visits a third-party site is subject to the terms of use and privacy policy of the third-party site.

Subject to the foregoing cautions, the following are websites for searching registered sex offenders:

U.S. Department of Justice National Sex Offender Search: http://www.nsopw.gov/Core/Portal.aspx

State of California Sex Offenders Registry: http://www.meganslaw.ca.gov/disclaimer.aspx?lang=ENGLISH

State of New York Sex Offenders Registry: http://criminaljustice.state.ny.us/SomsSUBDirectory/search_index.jsp

Public registry websites maintained by individual jurisdiction registries for each state, territory and Indian tribe: http://www.nsopw.gov/Core/PublicRegistrySites.aspx

General Disclaimer of Liability. The contents of BLLT.com, such as text, graphics, images, audio, and software, including that licensed by AFAA to permit users to access BLLT.com, and any products or services in which any of the foregoing are embodied, are collectively referred to herein as "Content." Without limiting any of the foregoing notices and disclaimers, please note that BLLT.com and the Content are made available without warranties or guaranties of any kind, and AFAA disclaims any liability for any injury or damage resulting from the use of BLLT.com, the Content, and/or any information, advice, goods, services, or other resources that may be mentioned or made accessible through BLLT.com.

You acknowledge that in accessing BLLT.com, information will be transmitted over local exchange, inter-exchange, and Internet backbone carrier lines and through routers, switches, and other devices owned, maintained, and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of AFAA and its suppliers. Accordingly, AFAA assumes no liability for or relating to the delay, failure, interruption, or corruption of the Content, or any portion thereof, or any data or other information transmitted in connection with the use of BLLT.com.

BLLT.com and the Content are provided on an "as is" basis without any warranties of any kind. AFAA, its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including, but not limited to, the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for any particular purpose. AFAA, its licensors, and its suppliers make no representations or warranties about the accuracy, reliability, completeness, correctness, or timeliness of the Content. Likewise, AFAA, its licensors, and its suppliers do not make any warranty that the Content on BLLT.com satisfies any applicable laws or government regulations.

In no event shall AFAA, its licensors, its suppliers, or any third party mentioned or appearing at BLLT.com be liable for any damages whatsoever (including, without limitation, actual, compensatory, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from use or inability to use BLLT.com or the Content. This disclaimer applies to any damages or liability based on warranty, contract, tort or any other legal theory, and whether or not AFAA is advised of the possibility of such damages or liability.

Prices and pricing policies for all products and services available through the Service are subject to change in the sole discretion of AFAA. Current pricing and policies as posted at www.biggestloserlivetraining.com at the time of registration will apply.

In the event that any error by AFAA relating to the price of any service or item on BLLT.com results in a user paying a price which is higher than the correct price for such service or item, the user's sole and exclusive remedy shall be entitlement to a refund of the amount paid in excess of the correct price.

4. USER SUBMISSIONS

Non-Confidential and Non-Infringing. Except as described herein, any communication or material that you post on BLLT.com is considered to be non-confidential. You agree that you will not upload or transmit any communication that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party. You confirm and acknowledge that, in submitting any communication or material, including, but not limited to, text, graphics, audio, software, and/or images, (collectively the "Submitted Material") to any part of BLLT.com, you agree, represent and warrant that you own the rights in the Submitted Material or have obtained the signed, written permission of the owners of all rights in the Submitted Material, and that you grant to AFAA a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submitted Material alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights.

No Unlawful or Objectionable Content. You agree not to use BLLT.com to upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, false, threatening, abusive, harassing, defamatory, vulgar, obscene, lewd, lascivious, filthy, excessively violent, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.

True Name and E-Mail Address. You further agree that you will provide your true name and e-mail address when transmitting any Submitted Material to BLLT.com, and that you recognize that any submissions made under a false name or e-mail address could subject you to liability to AFAA and/or any other affected third parties.

Job Listings. Job listings that are submitted to AFAA by individuals or companies for posting on BLLT.com are posted for informational purposes only. AFAA does not endorse, sponsor, or guarantee any such listing, and AFAA is not affiliated with the individuals or companies who have posted such listings or the individuals who respond to such listings. No warranty of any kind is made as to the accuracy of job descriptions, the availability of any such jobs, the qualifications of individuals who may respond to listings, or the potential response that may or may not occur as a result of the listing. All users of the Job Listings resource on BLLT.com are cautioned to undertake their own independent investigation of a potential employer or a potential employee and to satisfy themselves that they have obtained accurate and complete information. The individuals and companies that post or respond to the Job Listings on BLLT.com are not officers, directors, employees, representatives, or agents of AFAA.

Referrals. Providers of goods and services whose listings are submitted to AFAA for posting on BLLT.com are posted for informational purposes only. AFAA does not endorse, sponsor, or guarantee any such listing, and AFAA is not affiliated with the individuals or companies who have posted such listings or the individuals who respond to such listings. No warranty of any kind is made as to the accuracy of such listings, the suitability of such goods and users, and the qualifications of individuals who may have submitted such material. All users of BLLT.com are cautioned to undertake their own independent investigation of any provider of goods and services and to satisfy themselves that they have obtained accurate and complete information.

Bulletin Board.  The content of material posted to the Bulletin Board is the opinion of the person submitting the material for posting only, and such material is posted to the Bulletin Board only for the purpose of an exchange of opinions.  AFAA does not endorse, sponsor, or guarantee any such postings, and AFAA is not affiliated in any manner with the persons submitting such material for posting.  No warranty of any kind is made as to the accuracy of such material.  All users are cautioned to undertake their own independent investigation of such material and to satisfy themselves as to the accuracy of such material.

AFAA's Right to Edit, Adapt, Remove or Refuse to Post Material.  AFAA reserves the right to edit, adapt, remove or refuse to post any material submitted for posting to the Bulletin Board, Job Listings, Referral or any webpages on BLLT.com in its sole discretion, but AFAA cannot and does not undertake to investigate or evaluate any such material prior to posting.  Accordingly, AFAA disclaims any responsibility or liability for any material appearing on the Bulletin Board, Job Listings, Referral or any webpages on BLLT.com, and you agree that AFAA shall not have such responsibility or liability.

No Postings in Violation of Law.  AFAA strongly cautions all users of BLLT.com against posting material which infringes upon the copyright, trademark, privacy, or any other right of any third party, or which violates any local, state, or federal law.  As an BLLT.com user, you agree to indemnify, defend and hold harmless AFAA and its officers, directors, employees, and agents against any liability arising from your posting of any material on BLLT.com.

Other Prohibited Conduct.  You agree not to access BLLT.com for any purpose except those specifically authorized by AFAA.  You agree not to engage in any activity or conduct that results, whether directly or indirectly, in the disruption or interruption of BLLT.com; the interference with access and/or use of BLLT.com by other users; the addition, deletion and/or modification of BLLT.com; the collection, recording, storage, and/or use of personal data about other BLLT.com users; the breach, or attempt to breach, the security and/or authentication features of BLLT.com; the modification, reverse engineering, decompilation, decoding, disassembly or otherwise accessing of the source code used by AFAA in connection with BLLT.com; the use of BLLT.com to send unsolicited communications, whether personal or commercial in nature; the use of BLLT.com as a pseudonymous return e-mail address; and/or the registration or use of any domain name or keyword that contains or is confusingly similar to AFAA and/or any trademarks owned by AFAA.  Without limiting the foregoing, and by way of example only, the user may not introduce any viruses, Trojan horses, worms, spyware, or other software of any kind whatsoever, or engage in “flooding,” “spamming,” “spoofing,” “mail bombing,” “crashing,” or the forgery of any information that states or suggests a false affiliation or origin of emails and other electronic matter.

E-Mail.  AFAA will use e-mail to inform you of (i) new benefits and features associated with BLLT.com, (ii) any problems with BLLT.com, and (iii) special opportunities for e-mail account holders to purchase products and services that are appropriate to the interests of BLLT.com users.

AFAA’s Right to Edit or Remove Content.  The opinions and views expressed by BLLT.com users do not necessarily represent those of AFAA.  In addition, AFAA does not endorse, verify or support the content of such opinions or views.  Users are solely and fully responsible for any content that they transmit via BLLT.com.  However, AFAA is the final arbiter of what is and is not permissible for inclusion in or attachment to e-mail transmitted via, or stored on, BLLT.com.  AFAA also reserves the right to edit, modify, or remove any content, (including but not limited to text, images, and sound files) submitted to, or transmitted via, BLLT.com and to cancel any e-mail account, at any time, for any reason without prior notice.

No Obligation to Maintain Backup Copies.  AFAA is not obligated to maintain backup copies of any material submitted to or transmitted via BLLT.com.

AFAA’s Right to Terminate User’s Account.  AFAA reserves the right to terminate any user's account if such user's content or material stored or transmitted via BLLT.com violates any of the BLLT.com TOU.  Actions or activities which may result in immediate termination of your e-mail account include, but are not limited to, (i) transmission or storage of material containing nudity or pornography, or material of a lewd or obscene nature, or any other material which violates local, state or federal law, (ii) any transmission or storage of material which violates or infringes in any way upon the proprietary or intellectual property rights of others, including, without limitation, copyrighted software which is distributed illegally, "MP3" files of copyrighted music, copyrighted photographs, text, video, artwork, or any other materials which infringe upon a third party's copyright, trademark or other intellectual property right, or (iii) any transmission or storage of any material that it threatening, abusive, harassing, defamatory, profane, fraudulent, racist, indecent, vulgar, invasive of privacy or publicity rights, or is otherwise objectionable.

AFAA also reserves the right to terminate your account in the event you post content that promotes or encourages, or provides instructional information about, illegal activities such as hacking, cracking, storing or transmitting any software, information, or other material that contains a virus, corrupted data, or any other harmful or damaging component.

AFAA also prohibits the following activities in connection with a user's e-mail account:

  1. Conducting or providing links to any raffle, contest, or game which violates any local, state or federal law or regulation;
  2. Displaying in your e-mail any paid advertising or other paid sponsorship banner;
  3. Sending unsolicited e-mail using an BLLT.com address;
  4. Reproducing, distributing, republishing, or retransmitting material sent or posted by other BLLT.com users without the prior permission of such users;
  5. Transmitting or storing any material which AFAA finds, in its sole and absolute discretion, is or is likely to be deceptive, misleading, or inappropriate;
  6. Transmitting e-mail which constitutes spamming, spoofing the identify of AFAA or others, or any other similar conduct; and
  7. Transmitting e-mail which advertises, promotes or solicits goods and services for commercial purposes.
  8. Publishing or harvesting e-mail addresses of other BLLT.com users obtained at this site.

By submitting or transmitting an e-mail message, you represent that the message contained therein complies with the BLLT.com TOU. If any third party brings a claim, lawsuit or other proceeding against AFAA based upon or relating to any of your e-mail messages or other conduct or use of BLLT.com, you agree to indemnify and hold harmless AFAA, including its officers, directors, employees and agents for any and all losses, liabilities, damages or expenses, including attorneys' fees, in connection with any such claim, lawsuit or proceeding.

AFAA reserves the right to monitor and investigate any complaint regarding any content of a user's e-mail messages and to take appropriate action if AFAA finds any violation of the BLLT.com TOU or any local, state or federal law. Accordingly, you agree that AFAA will have the right to access your e-mail messages at any time, without advance notice. If access to your e-mail messages is restricted, whether by password or otherwise, you agree to provide AFAA with whatever information is required to access your messages. In the case of any complaint, AFAA reserves the right to remove the content complained of while AFAA is investigating this matter or while you and the complaining party attempt to resolve your dispute. This could result in your e-mail message being removed from BLLT.com temporarily or permanently.

In creating, submitting, or transmitting any e-mail message, you grant to AFAA and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive, worldwide unrestricted license to use, copy, modify, transmit, distribute, and publicly perform or display the content thereof for the purpose of displaying such content on BLLT.com and for the promotion and marketing of AFAA's services.

The personal profile information you submit to access BLLT.com may be used by AFAA for internal marketing to its users. AFAA reserves the right to release current or past user information in the event that AFAA, in its sole discretion, believes, or has reason to believe, the BLLT.com e-mail service is being used in violation of the BLLT.com TOU or in violation of any local, state or federal law. By utilizing BLLT.com's e-mail service, you consent to disclosure of any record or communication you have sent to any third party when AFAA, in its sole discretion, determines such disclosure to be appropriate.

Your use of the BLLT.com e-mail service is at your own risk. The e-mail service is provided on an "AS IS" basis WITHOUT WARRANTIES OF ANY KIND, either express or implied, constructive or statutory, including, without limitation, any implied warranties of merchantability, non-infringement or fitness for a particular purpose.

AFAA does not guarantee availability of its e-mail service and reserves the right to change, withdraw, suspend, or discontinue the BLLT.com e-mail service, or any portion thereof, at any time and without any prior notice to any of its users.

IN NO EVENT WILL AFAA be liable for any damages including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the BLLT.com e-mail service or any portion of the Content. This disclaimer applies, without limitation, to any damages or injury arising from AFAA's removal or deletion of any materials or records, breach of contract, tort, or any failure of performance, error, omission, interruption, deletion, transmission, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, theft, destruction, or unauthorized access to, alteration of, or use of any record.

5. AFAA'S INTELLECTUAL PROPERTY RIGHTS - USE OF CONTENT; COPYRIGHT
Upon acceptance of the BLLT.com TOU, AFAA authorizes you to view the material on BLLT.com solely for your personal, noncommercial use. The Content is protected by copyright under both United States and foreign laws. Under no circumstances will your access to, or use of, BLLT.com result in you or any other user obtaining any right, title or interest in the Content, or any portion thereof. Unauthorized use of the Content may violate copyright, trademark, and other laws. Except as expressly provided otherwise, no portion of the Content may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, downloaded, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of AFAA.

Other than printing one or more pages of BLLT.com for your personal, non-commercial use, you are not allowed to print any pages or screens from BLLT.com. You are also not permitted to download individual images or text items for local storage and distribution. The Content may not be distributed in a generally accessible (public) web site without the prior written consent of AFAA, which may be withheld in AFAA's sole and absolute discretion.

Linking. You are currently permitted and encouraged to link to BLLT.com from your own home page. However, AFAA reserves the right to require that you complete and comply with a Linking Agreement. Any such requirement, if and when adopted, will be described in this section of the BLLT.com TOU.

Change in Content. The Content is subject to change without notice at the sole, editorial discretion of AFAA. If you violate any of the BLLT.com TOU, your permission to access or use BLLT.com will automatically terminate.

Copyrights and Trademarks of AFAA. AFAA reserves all rights under copyright, trademark, and other applicable law in the Content and in the trademarks and service marks of AFAA. Any other copyrighted or trademarked material that may appear at or through BLLT.com is used either by permission of the copyright and trademark owners (including, by way of example only, Reveille, NBC or NBCUniversal) or for purposes of reporting and commentary pursuant to the Fair Use Doctrine under U.S. copyright law. In any event, no endorsement or sponsorship by, or affiliation with, any third parties is expressed or implied.

Notice and Procedure for Making Claims of Copyright Infringement.
AFAA will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following:

Designated Agent for this Site:

Service Provider(s): ISWest, Inc. (Email: support@iswest.net)

Name of Agent Designated to Receive Notification of Claimed Infringement on Behalf of AFAA: Jonathan Kirsch, Esq.

Full Address of Designated Agent to Which Notification to AFAA Should Be Sent: Law Offices of Jonathan Kirsch, 1880 Century Park East, Suite 515, Los Angeles, CA 90067

Telephone Number of Designated Agent: (310) 785-1200
Facsimile Number of Designated Agent: (310) 286-9573
Email Address of Designated Agent: jk@jonathankirsch.com

To be effective, the Notification must include the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the allegedly infringing material and information reasonably sufficient to permit the service provider to locate such allegedly infringing material;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement under penalty of perjury that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner whose right is allegedly infringed.

6. ADVERTISEMENTS
BLLT.com contains advertisements by third parties, and these advertisements may contain links to other web sites. Unless otherwise specifically stated, AFAA does not endorse any product or service or make any representation regarding the content or accuracy of any materials contained in, or linked to, any advertisement on BLLT.com.

7. LINKS TO OTHER SITES
BLLT.com may contain links to third party web sites. Any such links are provided solely as a convenience to you. AFAA is not responsible for the content of any linked third party sites, and does not make any representations regarding the content or accuracy of any materials on such third party web sites. If you access any linked third party web site, you do so at your own risk. Your use of third party web sites is subject to the terms and conditions of use for those sites.

8. OTHER TERMS OF USE
Indemnity. You agree to defend, indemnify and hold AFAA, its officers, directors, employees, agents, shareholders, partners, affiliates, licensors, and/or suppliers, including but not limited to University City Studios Productions LLLP, BL4 Productions, Inc. and their respective parent companies, affiliated entities, successors, licensees, and assigns and their respective officers, directors, employees, representatives, agents, advertising and promotion agencies, or independent contractors harmless from and against any claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of BLLT.com and/or its Content. AFAA shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defense of AFAA against any such claim, suit or proceeding.

Jurisdiction and California Law.
You expressly agree and consent to the exercise of personal jurisdiction in the state or federal courts located in Los Angeles County, California (USA) in connection with any dispute or claim relating to the BLLT.com TOU and/or BLLT.com involving you, AFAA or its affiliates, subsidiaries, employees, shareholders, contractors, officers, directors, telecommunication providers, and content providers. The BLLT.com TOU are governed by the laws of the State of California, without respect to its conflict of laws principles. If any provision of the BLLT.com TOU is found to be invalid by any court having competent jurisdiction, the remaining provisions of the BLLT.com TOU shall remain in full force and effect. No waiver of any of the BLLT.com TOU shall be effective unless it is in writing. You also acknowledge that any written waiver, unless expressly provided for otherwise, shall not be deemed a further or continuing waiver of such term or condition or any other term or condition.

Complete Agreement.
Except as expressly provided in a particular "legal notice" on BLLT.com, or as otherwise expressly provided by AFAA in writing, the BLLT.com TOU constitute the entire agreement between you and AFAA with respect to your use of BLLT.com and/or the Content. If you are not willing to be bound by the BLLT.com TOU, please exit BLLT.com now.

No Refunds.
Except as expressly set forth in AFAA's Policy on Cancellation, Credit memo, Transfer Fee and Returned Merchandise (see below), and to the maximum extent permitted by applicable law, no refunds are available.

AFAA's Policy on Cancellation, Credit Memo, Transfer Fee and Returned Merchandise.
In the event that AFAA cancels a workshop, you will be notified by phone and in writing as soon as it is practical under the circumstances. In such case, you would be entitled to a full refund, less any merchandise (including shipping and handling charges) you may choose to keep. Under no circumstances will AFAA be liable for reimbursement of expenses incurred by you, if AFAA notifies you or makes every reasonable effort in good faith to notify you prior to the date of the workshop. You can call AFAA's workshop hotline to confirm the status of your workshop. Dial 1-800-446-2322. When you hear the recorded greeting, enter #888 for a 24-hour recorded message with workshop status change information. Notwithstanding the foregoing, if AFAA cancels or postpones a workshop due to inclement weather, force of nature or any act of God, AFAA reserves the right to reschedule another similar workshop at a convenient venue closest to the original location, within twelve months from the date of such cancellation or postponement. AFAA's standard transfer fee of $40 will not be charged under such circumstances. However, no refund will be due, and AFAA will not be liable for any consequential loss resulting from such cancellation or postponement.

In the event that you notify AFAA that you wish to cancel your workshop registration, a credit memo, which represents a credit in your account with AFAA, will be issued for cancellation of your original registration. Under AFAA's no refund policy, only a credit memo may be issued. A credit memo does not represent a refund, or a potential refund, but a credit with AFAA, which may be applied towards another AFAA workshop or merchandise for up to one year from the original registration date or the date of the original order for merchandise. A transfer/processing fee of $40 will be charged for any additional transactions. Transfer fees do not apply when a workshop is cancelled by AFAA. Returned items must be received within 30 days from the date of the shipment. Items received after this date will not be accepted. All returned items must be in the original packing and be in a marketable condition. All returned items must be sent to the address below. Your returned items should be sent freight prepaid. Shipping and handling will not be reimbursed, but in the case of an exchange, shipping and handling will not be charged for any subsequent shipment. C.O.D. will not be accepted under any circumstances. Please allow 15 days to process your refund or exchange. A restocking fee of 10% will be charged on all returned merchandise.

Please mail all returned merchandise to:
AFAA
Attention: Returns Department
15250 Ventura Blvd., Suite 200
Sherman Oaks, CA 91403

Please feel free to call our Client Service Department if you need more information. The Client Service Department may be reached at 1-800-446-2322, extension 602.

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Privacy Policy

AFAA PRIVACY POLICY NOTICE
Including Children’s Online Privacy Protection Policy
and “Your Privacy Rights” for California Residents
Effective and last revised on February 15, 2012

AFAA wants you to understand how your personal information, which you provide to us, or which we obtain from your usage of BLLT.com, may be used by AFAA and/or its licensees or affiliates. Please read this Privacy Policy and note that our Privacy Policy is subject to change by AFAA from time to time. Users are notified of such changes by postings to this page at BLLT.com. Users are encouraged to monitor this page in order to view such notices. This Privacy Policy was last revised on February 15, 2012.

AFAA complies with the provisions of FERPA (Family Educational Rights and Privacy Act), Children's Online Privacy Protection Policy, California's "Shine the Light" law and all other applicable privacy laws.

Collection and Sharing of Your Information Our primary goal in collecting personal information is to enable us to provide you, the user, with a customized experience within BLLT.com. We conduct research on our users' demographics, interests, and behavior based upon the information you provide us at registration, during a promotion, or from surveys, as well as information generated by or maintained in our server log files. We do this to better understand and serve our users. Our research is compiled and analyzed on an aggregated basis, and, occasionally, we share this aggregated data with advertisers or business partners.

When you become a registered user of BLLT.com, post materials make a purchase, and/or enter a challenge or other promotion, we may ask you for certain personal information such as your name, address, e-mail address and/or credit card number in order to establish or manage your account, process your order, administer the challenge or promotion, or send you e-mails. Providing personal information in these instances is solely your choice; you do not need to provide such information to browse BLLT.com as a visitor.

We will not sell or trade your personal information to any list broker or direct mail advertisers unless you specifically give your consent to AFAA to do so.

You agree that, in the event that AFAA is acquired by, merges with, or becomes aligned with another company or organization, such other company or organization shall be entitled to use your personal information under the BLLT.com TOU.

Offers for Services by Third Parties on BLLT.com AFAA may sometimes permit third parties to offer subscription and/or registration based services through BLLT.com. In this event, AFAA is not responsible for any actions or policies of such third parties, and you, the user, should check the applicable privacy policy and other terms and conditions of such parties before providing any personal information.

Cookies AFAA may employ "cookie" technology to keep track of a user's current session and to keep track of user information between visits. Cookies are small text files stored on your computer that a web site can use to recognize repeat users and to facilitate each user's ongoing access to and use of a web site. Generally, cookies work by assigning a unique number to the user that has no meaning outside of the assigning site. You should be aware that AFAA cannot control the use of cookies by advertisers or third parties hosting data for AFAA.

Opt Out Procedure You have the option to opt out of receiving information via email from AFAA and BLLT.com. An opt out or unsubscribe message will appear at the bottom of every email that is sent out. If you no longer wish to receive email messages or any form of direct contact from BLLT.com, please contact us using the opt out procedure indicated in the opt out message, or call 1-800-446-2322, or complete and submit our contact form (click here for contact form).

Security If you provide credit card and other financial information in connection with the online purchase of goods and services from AFAA, such information shall be used by AFAA (and/or third-party services engaged by AFAA) only for the purpose of processing the payments and will not be maintained on file by AFAA. We have installed encryption software conforming to the Secure Socket Layers (SSL) protocol to safeguard all of the commerce related (i.e. credit card and billing address) information you send to us. However, profile information that you submit in registering with BLLT.com is not encrypted or secured in any way. All information is stored on our servers in a secure location. It is important for you to protect against unauthorized access to your password and to your computer. If your password is compromised, please contact us immediately by calling 1-800-446-2322 or by completing and submitting our contact form (click here for contact form),

Privacy Precaution Warning Please note that no data transmission over the Internet is 100% secure. As a result, we cannot guarantee the security of the information that you transmit via our online services.

Reviewing or Changing Your Information. Once you have registered with BLLT.com, you will not be able to delete records of your activity or usage of BLLT.com from our database. You will, however, be able to review, update or change your personal information on file with AFAA. To review, update or change your personal information, please contact us at 1-800-446-2322.

Children's Online Privacy Protection Policy. BLLT.com is not intended for or directed to users under the age of 18, and we do not knowingly or intentionally collect personally identifiable information from children under the age of 13 or other minors. Where appropriate, we take reasonable measures to determine that our users are adults of legal age and to inform minors not to submit such information to BLLT.com or in response to advertisements. If you are concerned that personal information regarding a child under the age of 13 or other minor may have been inadvertently provided to or collected by AFAA, please contact us immediately by calling 1-800-446-2322 or by completing and submitting our contact form (click here for contact form), so that we may take appropriate steps to remove such information from our database.

In our continuing effort to protect the privacy interests of our users, we encourage you to voice your privacy concerns. If you have any questions or concerns about our Privacy Policy, please call 1-800-446-2322 or communicate with AFAA by completing and submitting our contact form (click here for contact form).

Your Privacy Rights (California Residents)
Online Privacy Protection Policy for California Residents
(“Shine the Light” Law)

California's "Shine the Light" law (Cal. Civ. Code Sections 1798.80, et seq.) provides California residents with the right to receive certain disclosures when personal information that has been collected online is shared with third parties for direct-marketing purposes.

If you are a California resident and you provided personal information to BLLT.com in the past, and/or if you do so in the future, you are entitled to submit a request in writing to AFAA for a description of the information we may have provided to third parties. To submit your written request, please send it to us using our contact form (click here for contact form) and put the following words in the subject line of the email: "California Privacy Request."

Within 30 days after receipt of your request, we will send you a list of the categories of personal information disclosed to third parties during the immediately preceding calendar year, along with the names and addresses of the third parties who actually received such information, if any.

We reserve our right not to respond to requests sent more than once in a calendar year.

Please note that the California "Shine the Light" law does not cover all categories of information that may be collected and disclosed or shared, and our policy relates only to information covered by the law.

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Special Terms of Use & Liability Waiver

By clicking on the I AGREE button below, you confirm that you have read, understood and agree to be bound by all of the following:

  1. The user is 18 years old or older, and is fully empowered under the laws of the user's state of residence to enter into and be bound by this agreement and by the Terms of Use and Privacy Policy that are incorporated by reference in this agreement. The user expressly acknowledges that minors are not eligible to use the BIGGEST LOSER LIVE TRAINING™ and MULTISHOP LIVE products and services.
  2. All of the terms and conditions set forth at the Terms of Use and the Privacy Policy for the sites operated by Aerobics and Fitness Association of America (AFAA) apply to your use of any and all products and services of any and all kinds whatsoever, whether online and/or onsite, and in any and all media, which AFAA may elect to offer as part of THE BIGGEST LOSER PRO™ and/or the BIGGEST LOSER LIVE TRAINING™ products and services (collectively, the "Service").
  3. Prices and pricing policies for all products and services available through the Service are subject to change in the sole discretion of AFAA. Current pricing and policies as posted at www.biggestloserlivetraining.com at the time of registration will apply.
  4. In addition to the General Terms of Use and Privacy Policy referenced above, the terms and conditions set forth below also apply.
  5. The user acknowledges and agrees that it is the user's obligation to consult a physician and obtain the physician's consent prior to making each and any use of the products and services that are available through the Service. By clicking on the I AGREE button, you confirm that have done so.
  6. By clicking on the I AGREE button, you (identified below as "Participant") acknowledge and agree that you have read, understand and agree to be bound by the following terms and conditions, which apply to all products and services available through the Service:
  7. ADVISORY AND AGREEMENT

    NOTICE – ASSUMPTION OF ALL RISKS

    Exercise, fitness and sports activities involve inherent risks of injury, disability and even in a small number of incidents, death. If the participant, viewer and/or user ("Participant") determines to engage in any activity through participation in or viewing of the Service, either directly or indirectly, as a subscriber to the Service or otherwise, such persons should seek and obtain medical clearance to participate. If a decision is made to participate, doing so is at Participant's own risk and such persons assume all risks associated with participation in the Service, including the risks of injury, disability and even death.

    WAIVER AND RELEASE

    By participating in any aspect of the Service, each Participant acknowledges and agrees to be bound by all of the following terms and conditions:

    Each Participant is at least 18 years of age and an adult of legal age in the state of his or her residence. Participant acknowledges that the Service is not intended for, and may not be safe or suitable for minors, and it is the sole responsibility of the Participant to ensure that no minors are permitted to watch and/or participate in the Service. Participant alone assumes the risk for any loss, liability, injury or damage resulting from a breach of the foregoing.

    Each Participant has determined to participate in the activities offered through the Service, which is owned by the Aerobics and Fitness Association of America (AFAA) pursuant to a trademark license from its licensor. However, each Participant acknowledges and agrees that AFAA, its related entities and its licensors have no responsibility as to any content prepared and/or presented by the presenter.

    In consideration of the Participant being permitted to participate in the Service, and to the fullest extent permitted by law, each Participant, by his or her participation in or viewing of any aspect of the Service, voluntarily releases, waives, discharges and gives up, in advance of any participation in the Service, AFAA, its licensors, and the presenter, and all of their respective directors, officers, employees, agents, affiliates, licensors, vendors, contractors, managers, sponsors, other participants and all other entities and/or persons associated with the development, production and exploitation of the television series "The Biggest Loser," as applicable, from any and all liability for injury, death, damage or loss suffered by Participant while participating in the Service, using the facilities, engaging in any activities incidental thereto, including traveling to or from any location of said activities wherever, whenever, or however the same may occur, which result from the ordinary negligence of those released hereby.

    Participant's intent is to give full legal validity to this agreement and should any part hereof be deemed to be invalid, to give full legal effect to the balance hereof and that this agreement be binding upon Participant, and their respective heirs, executors, administrators, successors and assigns and for the benefit of all parties including those released hereby. If the Participant or anyone else ever attempts to disaffirm or void this agreement, the Participant agrees to indemnify and hold all of those released hereby absolutely harmless from any and all such attempts, claims, suits or causes of action, judgments and all costs or expenses of those released hereby, including all reasonable attorneys' fees.

    It is agreed that only the laws of the State of California of the United States of America shall apply to this Agreement and that it is to be given full and complete effect to the fullest extent provided by law.

  8. The user acknowledges and agrees that use of the Service is available only where it is not restricted or prohibited by law. The user agrees not to attempt to use such services unless the user has ascertained that they are not restricted or prohibited in the place where the user proposes to use them.
  9. The Service includes fitness training and weight loss services that are made available online and onsite to individuals who choose to participate in such activities. The online component may include live and recorded instruction sessions, webinars, videoconferences and teleconferences, all provided via an online transmission service. The onsite component consists of sessions that are conducted at physical locations where the participants attend in person. All such services, whether made available online or onsite, originate with and are offered by third parties who are not affiliated with, and/or sponsored or endorsed by, AFAA, its related entities, or their respective licensors, or the owners and operators of physical locations where the program may be offered or BL4 Productions, Inc., University City Studios Productions LLLP, Reveille and their parent companies, affiliated entities, successors, licensees, and assigns and their respective officers, directors, employees, representatives and agents (collectively, "the Released Parties").
    Accordingly, AFAA, on behalf of itself and the other Released Parties, disclaims any and all responsibility and/or liability for such products and services and/or any injury, damage and/or loss that may result from the use of such products and services. In connection with the provision of fitness training and weight programs that are made available online, AFAA is an Internet service provider only and not a provider of the products and services that are available through the Service.
  10. Purchase of services offered through the online component of the Service is effective on completion and acceptance of the online registration form and payment in full of all applicable fees and costs, and will remain in effect for a period of one (1) year following the date of purchase. Upon the first anniversary of purchase, your purchase will expire.
  11. Users are cautioned that AFAA makes no representations or warranties and assumes no liability regarding the background, suitability or qualifications of individuals who may participate in the Service, whether as providers or a recipients of products and services, and encourages all participants to make their own inquiries regarding the suitability of such individuals. For the user's consideration, a list of online services that offer background information is provided below.
    However, AFAA makes no representations or warranties and assumes no liability regarding the adequacy of such sites. It is the sole and complete responsibility of the user to decide whether and how to determine if the providers and recipients of participants in the Service is satisfactory. Any user who leaves this site and visits a third-party site is subject to the terms of use and privacy policy of the third-party site.

    Subject to the foregoing cautions, the following are websites for searching registered sex offenders

    U.S. Department of Justice National Sex Offender Search: http://www.nsopw.gov/Core/Portal.aspx

    State of California Sex Offenders Registry: http://www.meganslaw.ca.gov/disclaimer.aspx?lang=ENGLISH

    State of New York Offenders Registry: http://criminaljustice.state.ny.us/SomsSUBDirectory/search_index.jsp

    Public registry websites maintained by individual jurisdiction registries for each state, territory and Indian tribe: http://www.nsopw.gov/Core/PublicRegistrySites.aspx
  12. Each user of the Service hereby assumes and accepts complete responsibility for any and all injury, damage and/or loss, whether to the user, the user's property, and/ or the user's family, friends, and guests (including children), resulting directly and/or indirectly from any aspect or component of the Service, the contents of any and all materials that may be available in connection therewith, and/or the products and services of third parties offered through the Service, and forever releases, discharges, and waives any and all claims, debts, liabilities, costs, expenses, and causes of action resulting and/or related in any way to the foregoing. Notwithstanding the assumption of liability for children by the user set forth above, the user acknowledges that the Service is intended for and is available to adults only and not children.
  13. The onsite components of the Service will be conducted at venues chosen and arranged by the BIGGEST LOSER PRO Professional who provides products and services at such venues. AFAA, its related entities, their respective licensors and the owners of the venues are not responsible or liable for any aspect of the products and services provided by any such BIGGEST LOSER PRO Professional at an onsite event.
  14. Each user of the Service hereby agrees to indemnify, defend and hold harmless AFAA and the other Released Parties, and their respective shareholders, officers, directors, employees, agents, affiliates, representatives, licensors, contractors, vendors, managers, sponsors, and other participants against any and all of the claims referenced above.
  15. To the maximum extent permitted by law, and unless as otherwise required by law, no o refunds are available for products and services offered through the online component of the Service. Refunds and refund policies for products and services offered through the Service as offered onsite at physical locations are the sole responsibility and liability of the third parties offering such products and services. The user agrees to look to such third parties, and not to AFAA and/or the other Released Parties, for any such refunds.
  16. The user acknowledges that exercise, fitness, weight loss, and sports activities involve inherent risks of injury, disability and even death. The products and services offered through the Service may include exercise, fitness and weight loss instruction that may not be appropriate for every person. The user is solely responsible for consulting with an appropriate health professional before engaging in any of the activities suggested in such instruction and hereby assumes any and all risk of engaging in such activities. The user acknowledges and agrees that he or she has sought such expert advice before participating in the Service.
  17. The user hereby voluntarily releases, waives, discharges, in advance of any participation in the Service, any and all claims that he or she may be entitled to bring by reason of his or her participation in the Service, including but not limited to claims that may be made against AFAA and/or the other Released Parties, and their respective shareholders, officers, directors, employees, agents, affiliates, representatives, licensors, contractors, vendors, managers, sponsors, other participants, and all others, and including claims for injury, death, loss or liability of any kind whatsoever suffered by the user.
  18. AEROBICS AND FITNESS ASSOCIATION OF AMERICA®, AFAA® and related marks are trademarks of Aerobics and Fitness Association of America. THE BIGGEST LOSER®, BIGGEST LOSER PRO™, BIGGEST LOSER LIVE TRAINING™ and related marks are trademarks of AFAA's licensors and are used under license.
  19. The user acknowledges and agrees that he or she is not permitted to make or use any photography, audio recordings and/or audio-visual recordings of any aspect of the Service. By way of example only, and without limiting the foregoing restriction, the user may not record any portion of the program or the services using a camera, a cellphone, or any other device, and may not post or archive any such photographs or recordings to any social networking site or other Website or transmit any such recording by cellphone or other device.

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Biggest Loser Live Training Challenge Official Rules.

  1. CHALLENGE DESCRIPTION. The Biggest Loser Live Training Challenge ("Biggest Loser Challenge") is a contest of skill, through which eligible participants ("Participants") compete to lose weight in a safe, healthy and supervised manner. Each separate Challenge is conducted by an Aerobics and Fitness Association of America® ("AFAA") certified trainer who has completed, and is current with, the various requirements to be an active Biggest Loser® Pro (hereafter, "Biggest Loser Pro" or "Sponsor"). Each Biggest Loser Pro is an independent contractor, who shall manage and/or otherwise coordinate their own respective challenge ("Challenge") in connection to these Official Rules, and, is solely responsible for the conduct of his or her respective Challenge. These Official Rules incorporate and include the information contained in the Biggest Loser Challenge Information Form, which identifies relevant dates and locations of the Biggest Loser Challenge ("Information Form").

    This is a physical challenge. Pregnant, nursing mothers and anyone else with physical conditions that may create a health risk are not eligible to participate. As with any exercise program, all Participants should consult their physicians or other appropriate health care provider before participating. Do not start a diet or fitness program if your physician or health care provider advises against it.

  2. TO ENTER, you must register at www.biggestloserlivetraining.com and purchase and complete at least ten online Biggest Loser® Live Training Team Meetings during the Challenge as part of the Biggest Loser Pro Training program ("Training Program") and complete at least four weigh-ins with a Biggest Loser® Pro at an onsite location. To locate a location where a Biggest Loser Pro Training Program is offered, a list of participating Biggest Loser Pros and locations where Training Programs are offered is available on the Internet at www.biggestloserlivetraining.com. Enroll in a Training Program sponsored by the participating Biggest Loser Pro or online at www.biggestloserlivetraining.com. Subject to the eligibility requirements below, eligible Training Program enrollees may then enter a Challenge conducted by a participating Biggest Loser Pro. THERE ARE FEES TO ENROLL IN THE TRAINING PROGRAMS, INCLUDING FEES FOR WEEKLY ONLINE MEETINGS CONDUCTED THROUGH WWW.BIGGLESTLOSERLIVETRAINING.COM AND FEES CHARGED BY THE BIGGEST LOSER PRO, WHICH WILL VARY BY BIGGEST LOSER PRO OR LOCATION OF THE TRAINING PROGRAM. SOME LOCATIONS WILL CHARGE ADDITIONAL FEES. Once a Participant has successfully enrolled and paid any applicable fees, there is no additional fee to participate in a Challenge. The Biggest Loser Pro who is conducting the Challenge is responsible for providing the names and contact information for all participants to AFAA. If you need help in selecting a Biggest Loser Pro or a facility, please contact AFAA at 1-800 225 2232, Ext. 249.

  3. TIMING. Each participating Biggest Loser Pro will conduct one or more Challenges at a location(s) determined solely by the Biggest Loser Pro. Each Challenge will begin on the first Monday of each calendar quarter, and shall run for a period of 12 to 13 weeks in length(each such week being referred to herein as a "Challenge Week"), as determined by the Biggest Loser Pro, and closes on the last day of the applicable calendar quarter (collectively, the "Challenge Period"). Challenge Weeks begin on a Monday and end the following Sunday. The week before a Challenge begins will be a registration and initial weigh-in period, during which participants will be registered and weighed by the Biggest Loser Pro, to obtain their starting weight. Participants will be required to complete a minimum of three additional weigh-ins as follows: two (2) interim weigh-ins during the weeks of the Challenge and one (1) weigh-in during the last week of the Challenge, which will be the final weigh-in period, when participants receive their ending weights (the initial, interim and ending weigh-in periods are hereafter, "Weigh-in Period(s)"). Participants must have their weight recorded by the Biggest Loser Pro during each Weigh-in Period. Failure to obtain a recorded weight from the Biggest Loser Pro during each of the four minimum Weigh-in Periods will result in disqualification from the Challenge.

  4. JUDGING. Judging will be based on the percentage weight lost by each individual Participant in a Challenge. While the number of Participants in each Challenge is not limited, it is estimated that each individual Challenge may have between 10 and 30 Participants, however fewer or more participants may be permitted at Sponsor's respective discretion. The Participant who, through a combination of diet and exercise, loses the highest percentage of weight during the Challenge Period will be the deemed the Winner of that specific Training Program's Challenge. In the event of a tie, Sponsor may choose, in its sole discretion to declare as the winner the Participant who has the earliest recorded weigh-in during the final Challenge's final Weigh-in Period.

  5. WEIGH-INS. Participants will have their weight recorded by the Biggest Loser Pro during each of the four minimum of Weigh-In Periods. Weigh-Ins must be recorded using a scale provided by the Biggest Loser Pro. All Participants must be weighed on the same scale during each of the four minimum Weigh-in Periods. For each weigh-in, Participants may wear only one layer of clothing, and under garments. Participants must remove any shoes or foot wear, other than socks, prior to each weigh-in. Unless prescribed by a physician for a medical condition, Participants who use any diet pills (including, but not limited to herbal or prescription appetite suppressants, metabolism enhancers, diuretics, laxatives, or other weight-loss drugs) or who undergo weight loss surgery (including but not limited to liposuction, gastric bypass, breast reduction, or other weight reducing surgical procedure) during the Challenge Period are not eligible and will be disqualified.

  6. ELIGIBILITY. Participants must be legal residents of the United States and their primary residence must be in the state in which the Challenge is being offered by the Biggest Loser Pro. Participants must be of majority age in their primary state of residence as of the first day of the applicable Challenge Period and be in good general health. Nursing and pregnant women are ineligible to enter. Employees of Biggest Loser Pros, AFAA, University City Studios Productions LLLP, BL4 Productions, Inc. Reveille Productions, and their respective parent companies, affiliated entities, successors, licensees, and assigns and their respective officers, directors, members, employees, representatives, agents, advertising and promotion agencies, or independent contractors (collectively, "The Biggest Loser Entities") and their immediate family members and/or those living in the same household of each are not eligible to participate. Void where prohibited by law. Each respective Sponsor may disqualify any Participant, if in Sponsor's sole discretion Sponsor determines that further participation may be detrimental to the Participant's health, such as if the Participant's weight loss is too extreme, or is accomplished through any means that is detrimental (or as otherwise prohibited herein) to the Participant's short-term or long-term health.

  7. PRIZES. No prizes will be awarded. However, a profile, including, but not limited to, the photograph of each winning Participant of its Challenge will be posted on www.biggestloserlivetraining.com in recognition of being that Challenge's winning Participant. There is no approximate retail value for this recognition.

  8. PUBLICITY: Participation shall be construed as, and shall irrevocably signify, the Participant's release, agreement, and consent that AFAA may use, publish, alter, and edit the Participants' and winners' respective name, image, voice, likeness, signature, biographical data, weight-loss and other limited, health/lifestyle-related data, and/or other particulars of Participant's recognition, worldwide, in perpetuity, without limitation, during and after the Challenge and for promotional purposes without further consideration, review, approval or payment, unless prohibited by law. In the event that Participants provide any photographs, video, or other images of themselves (collectively, a "Submission") to a Sponsor, each respective Participant shall retain its ownership interest and applicable intellectual property rights in and to its Submission. However, each Participant hereby grants the Biggest Loser Entities, a perpetual, irrevocable, universal, non-exclusive, fully-paid and royalty-free, sub-licensable and transferable license to use and, distribute, all Submissions in any manner and for any purposes in connection to the Challenge and the Biggest Loser Entities advertising and marketing endeavors as further explained below. Each Submission is, and will be treated as, non-confidential and non-proprietary. The Biggest Loser Entities retain the right to edit all Submissions in any manner and for any purpose, but are under no obligation to do so. Each Participant hereby represents and warrants that it owns the Submission (and the content therein) submitted by it, or that it otherwise has the right to grant use thereof as set forth in this section, and that the posting of said Submission does not violate the privacy rights, publicity rights, copyright, trademark rights, contract rights, music performance and publishing rights (if applicable), or any other rights of any person or entity. The Biggest Loser Entities reserve the right to use the Submission for any purpose, including, but not limited to, posting, reproduction, disclosure, advertising and promotional activities, distribution, transmission, publication, and broadcast. The Biggest Loser Entities reserve the right to use any ideas, concepts, knowledge, or techniques contained in the Submission for any purpose, including, but not limited to, developing and marketing products and/or services using such information, and each Participant acknowledges and understands there shall be no consideration, royalties or other compensation from the Biggest Loser Entities, for use of said Submission or the content therein. Further, each Participant and its respective spouse, next of kin, and heirs, hereby indemnify, discharge, release, and hold Sponsor and the Biggest Loser Entities harmless from any action and/or liability, in any form or manner, arising from any infringement of any third party's rights, inclusive of attorneys' fees and costs in connection to the Submission. If you do not agree to these terms, do not enter a Challenge.

  9. LIMITATIONS OF LIABILITY: Sponsor, AFAA and The Biggest Loser Entities shall have no liability and shall be released and held harmless by Participant(s) for any damage, loss, death, or liability to person or property, due in whole or part, directly or indirectly, by reason of participation in the Challenge, or the acceptance, possession, use or misuse of any recognition of the winning Participant. Each Biggest Loser Pro is an independent contractor, certified by AFAA to conduct trainings under the Biggest Loser brand name. AFAA and The Biggest Loser Entities are not responsible for conduct of the Biggest Loser Pro.

    Exercise, fitness and sports activities involve inherent risks of injury, disability and even in a small number of incidents, death. If the Participant determines to engage in any activity through participation in the Challenge, either directly or indirectly, as a Participant in the Challenge, such persons should seek and obtain medical clearance to participate. If a decision is made to participate, doing so is at Participant's own risk and such persons assume all risks associated with participation in the Challenge, including the risks of injury, disability and even death.

    By taking part in a Challenge, each Participant hereby respectively agrees to assume any and all risks related to participating in a Challenge, and hereby irrevocably and unconditionally releases, acquits, and forever discharges Sponsor, AFAA, The Biggest Loser Entities, and each of their respective owners, stockholders, predecessors, successors, assigns, agents, directors, members, officers, employees representatives, attorneys, divisions, subsidiaries, affiliates, and parents and all persons acting by, through, under or in concert with them, from any and all charges, complaints, claims, liabilities, obligations, promises, damages, causes of action, rights, demands, costs, lawsuits, debts and expenses, including but not limited to attorneys' fees and costs actually incurred of any nature whatsoever, known or unknown, arising from any activity related to your participation in the Challenge or any Challenge event or activity.

  10. OTHER TERMS. Participants agree to be bound by these Official Rules and the decisions of a Sponsor. Sponsor may disqualify any Participant found tampering with or otherwise abusing any aspect of this Challenge as determined by Sponsor in its sole discretion. In the event the Challenge is compromised by tampering or other causes beyond the reasonable control of Sponsor which corrupts or impairs the administration, security, fairness, safety, or proper operation of a Challenge, Sponsor reserves the right in its sole discretion to suspend, modify or terminate the Challenge. In such event, Sponsor reserves the right to declare a winner based on any weigh-in, if any, completed before the termination date.

  11. SPONSOR. The Sponsor of this Challenge is the Biggest Loser Pro, listed on the Information Form attached hereto.

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The Biggest Loser® is a registered trademark and copyright of NBC Studios, Inc. & Reveille LLC.
Licensed by NBCUniversal Television Consumer Products Group 2010. All Rights Reserved.

The subscriber is not authorized to use the protected property for any commercial purpose whatsoever. Nothing contained herein shall be construed as creating any license or right under copyright, trademark or other intellectual property right of NBCU. Unauthorized distribution, duplication, alteration or other use of protected property, including without limitation any trademark, image, drawing, text, likeness or photograph may constitute a violation of the laws of copyright and trademark and may be prosecuted under criminal and/or civil law.

Copyright © 2013 Aerobics and Fitness Association of America. All Rights Reserved.