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Welcome to P90X-SHOPPER!
By using P90X-SHOPPER, you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time (collectively, the "Terms of Service"). We may update the Terms of Service without notice to you, and you are responsible for checking the most current version of the Terms of Service and our product policies at http://www.P90X-SHOPPER.ecrater.com .

1. Use of Service
In consideration of your use of P90X-SHOPPER, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of the services offered by P90X-SHOPPER Inc., and its subsidiaries or affiliated companies ("P90X-SHOPPER.ecrater.com"). You are responsible for maintaining the confidentiality of your P90X-SHOPPER account password, and are responsible for all activities that occur under your account. You agree to immediately notify Martof any unauthorized use of your password or account or any other breach of security. P90X-SHOPPER cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 1. P90X-SHOPPER reserves the right to refuse service to anyone at any time without notice for any reason.

2. Appropriate Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. You understand that by using P90X-SHOPPER services, you may be exposed to Content that is offensive, indecent or objectionable.

You agree that you are responsible for your own conduct and Content while using P90X-SHOPPER and for any consequences thereof. You agree to use P90X-SHOPPER only for purposes that are legal, proper and in accordance with these Terms of Service and any applicable policies or guidelines. By way of example, and not as a limitation, you agree that when using P90X-SHOPPER, you will not:

defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful Content;
upload, post, email or transmit or otherwise make available any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such Content;
upload, post, email or transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, these Terms of Service or any applicable policies or guidelines.
download any file posted by another that you know, or reasonably should know, that cannot be legally distributed in such manner;
impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
restrict or inhibit any other user from using and enjoying P90X-SHOPPER services;
use P90X-SHOPPER services for any illegal or unauthorized purpose;
remove any copyright, trademark or other proprietary rights notices contained in or on P90X-SHOPPER services;
interfere with or disrupt P90X-SHOPPER services or servers or networks connected to P90X-SHOPPER services, or disobey any requirements, procedures, policies or regulations of networks connected to P90X-SHOPPER services;
use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of P90X-SHOPPER services or collect information about users for any unauthorized purpose;
submit Content that falsely expresses or implies that such Content is sponsored or endorsed by P90X-SHOPPER;
create user accounts by automated means or under false or fraudulent pretenses;
promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence.
While P90X-SHOPPER prohibits such conduct and Content in connection with P90X-SHOPPER, you understand and agree that P90X-SHOPPER may or may not pre-screen Content and shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse or move any Content submitted to P90X-SHOPPER. You also understand and agree that you nonetheless may be exposed to such conduct and/or Content and that you use P90X-SHOPPER at your own risk.

3. P90X-SHOPPER Privacy policy
For information about our data protection practices, please see our Privacy Policy at http://www.P90X-SHOPPER.ecrater.com/privacy.html.

By using P90X-SHOPPER, you acknowledge and agree that P90X-SHOPPER may access, preserve, and disclose your account information and any Content associated with that account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:

satisfy any applicable law, regulation, legal process or governmental request,
enforce this Terms of Service, including investigation of potential violations hereof,
detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam),
respond to user support requests,
protect the rights, property or safety of P90X-SHOPPER, its users and the public. P90X-SHOPPER will not be responsible or liable for the exercise or non- exercise of its rights under the Terms of Service.
You understand that the technical processing and transmission of P90X-SHOPPER services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

4. Proprietary Rights
P90X-SHOPPER's Rights
You acknowledge and agree that P90X-SHOPPER and any necessary software used in connection with Martservices ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through Martservices or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by P90X-SHOPPER or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on P90X-SHOPPER services or the Software, in whole or in part.

P90X-SHOPPER grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to P90X-SHOPPER services. You agree not to access P90X-SHOPPER by any means other than through the interface that is provided by P90X-SHOPPER for use in accessing P90X-SHOPPER services.

Your Rights
P90X-SHOPPER claims no ownership or control over any Content submitted, posted or displayed by you on or through P90X-SHOPPER. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through P90X-SHOPPER and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through P90X-SHOPPER services which are intended to be available to the general public, you grant P90X-SHOPPER a worldwide, non-exclusive, royalty-free license to reproduce, modify, adapt, publish, and otherwise use, with or without attribution such Content on P90X-SHOPPER services solely for the purpose of displaying, distributing and promoting Martservices. This license terminates when such Content is deleted from the P90X-SHOPPER service to which you originally submitted. P90X-SHOPPER reserves the right to syndicate Content submitted, posted or displayed by you on or through P90X-SHOPPER and use that Content in connection with any of the services offered by P90X-SHOPPER. You represent and warrant that you hold all necessary rights (including without limitation any copyright, trademark, patent, publicity or other rights) in the Content.

5. Policies regarding copyright,trademarks,and brand features
It is our policy to respond to notices of alleged infringement that comply with the United States Digital Millennium Copyright Act or other applicable law. For more information, please click here.

For information regarding our trademark complaint procedure, please click here. Any use of P90X-SHOPPER's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features must be in compliance with this Terms of Service and in compliance with P90X-SHOPPER's then current Brand Feature use guidelines, and any content contained or reference therein, which may be found at the following URL: http://www.P90X-SHOPPER.ecrater.com/permissions/guidelines.html (or such other URL P90X-SHOPPER may provide from time to time).

By submitting Content to P90X-SHOPPER, you authorize P90X-SHOPPER to use your trademarks, service marks, trade names, proprietary logos, domain names and any other source or business identifiers in connection with Google's authorized distribution of the Content.

6. Submission of content through a bluk upload
Certain types of Content may be submitted to P90X-SHOPPER electronically via technical specifications provided to you by P90X-SHOPPER (the "Bulk Upload"). You agree to comply with the then-current specifications provided by P90X-SHOPPER to enable proper deecraterry and display of the Content. If the Content submitted via the Bulk Upload contains URLs (or equivalent thereof) that you are submitting to P90X-SHOPPER, you agree that P90X-SHOPPER has the right to access, index, cache or crawl the URL(s) (or equivalent thereof), the Content itself, or any portion thereof (without regard to any robots.txt file which does not authorize crawling) in connection with P90X-SHOPPER's authorized use of the Content.

7. General practices regarding use and storage
You agree that P90X-SHOPPER has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by P90X-SHOPPER services. You acknowledge that P90X-SHOPPER has set no fixed upper limit on the number of transmissions you may send or receive through P90X-SHOPPER services or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice.

8.No resale of service
You agree not to reproduce, duplicate, copy, sell, trade, or resell any portion of P90X-SHOPPER services, use of Martservices, or access to P90X-SHOPPER services.

9. Modifications to service
P90X-SHOPPER reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the P90X-SHOPPER service (or any part thereof) with or without notice. You agree that P90X-SHOPPER shall not be liable to you or to any third party for any modification, suspension or discontinuance of P90X-SHOPPER services.

10. Termination
You may cancel your use of P90X-SHOPPER services and/or terminate this Terms of Service with or without cause at any time by providing notice to P90X-SHOPPER at support@P90X-SHOPPER.ecrater.com; provided, however, that a terminated account may continue to exist for up to two business days before such cancellation takes effect. P90X-SHOPPER may at any time and for any reason, including a period of account inactivity, terminate your access to P90X-SHOPPER services, terminate this Terms of Service, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system. Except as set forth above or unless P90X-SHOPPER has previously canceled or terminated your use of P90X-SHOPPER services (in which case subsequent notice by P90X-SHOPPER shall not be required), if you have provided an alternate email address, P90X-SHOPPER will notify you via email of any such termination or cancellation, which shall be effective immediately upon P90X-SHOPPER's deecraterry of such notice. Sections 13 through 19 of the Terms of Service (including the section regarding limitation of liability), shall survive expiration or termination.

11. Advertisments
Many P90X-SHOPPER services are supported by advertising revenue and may display advertisements and promotions on the service. The manner, mode and extent of advertising by P90X-SHOPPER on its services are subject to change. You agree that P90X-SHOPPER shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on P90X-SHOPPER services.

12. Links
P90X-SHOPPER services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because P90X-SHOPPER has no control over such sites and resources, you acknowledge and agree that P90X-SHOPPER is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that P90X-SHOPPER shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

13. Indemnity
You agree to hold harmless and indemnify P90X-SHOPPER, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to your use of P90X-SHOPPER services, violation of these Terms of Service or any other actions connected with use of P90X-SHOPPER services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, P90X-SHOPPER will provide you with written notice of such claim, suit or action.

14. Disclaimer of warranties
you expressly understand and agree that:

your use of P90X-SHOPPER services is at your sole risk. P90X-SHOPPER services are provided on an "as is" and "as available" basis. P90X-SHOPPER expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. P90X-SHOPPER makes no warranty that

P90X-SHOPPER services will meet your requirements,
martservices will be uninterrupted, timely, secure, or error-free,
the results that may be obtained from the use of P90X-SHOPPER services will be accurate or reliable,
the quality of any products, services, information, or other material purchased or obtained by you through martservices will meet your expectations,
any errors in the software will be corrected.
any material downloaded or otherwise obtained through the use of P90X-SHOPPER services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
no advice or information, whether oral or written, obtained by you from P90X-SHOPPER or through or from P90X-SHOPPER services shall create any warranty not expressly stated in the terms of service.
15. Limitation of liability
you expressly understand and agree that P90X-SHOPPER shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if P90X-SHOPPER has been advised of the possibility of such damages) resulting from:

the use or the inability to use P90X-SHOPPER services;
the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from P90X-SHOPPER services;
unauthorized access to or alteration of your transmissions or data;
statements or conduct of any third party on P90X-SHOPPER services;
or (v) any other matter relating to P90X-SHOPPER services.
16.Exclusions and Limitations
some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. accordingly, some of the above limitations of sections [14] and [15] may not apply to you.
Last Updated: 24 Jun 2009 03:09:46 PDT home  |  about  |  terms  |  contact
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