TheGymbox Customer Agreement

(Effective 05/01/2012)

TheGymbox, LLC ("TheGymbox") Customer Agreement

This Agreement describes the terms and conditions regarding your receipt of and payment for the TheGymbox Service ("Service"). If you do not accept these terms, please notify us immediately and we will cancel your Service (our contact information is listed below). You accept this Agreement and are legally bound by its terms and conditions if you decide to do any of the following things: activate your TheGymbox account, receive TheGymbox Service or use your Service after making any change or addition. If you accept this Agreement, it will apply to all TheGymbox Service, including your existing TheGymbox subscription. The current Agreement is always available for your review at www.thegymbox.com.

This is your copy of the Agreement. Please read it carefully. Please note that there may be additional terms and conditions pertaining to a particular Service promotion. Please refer to the specific terms and conditions of any applicable promotion at www.thegymbox.com/specialoffers.

Thank you for supporting the TheGymbox Service. You can contact us toll free at 1-800-303-6976 , by sending an e-mail to support@thgymbox.com, or by writing to:

TheGymbox, LLC
185 W. Cottage Avenue
Sandy, UT 84070

For general information about TheGymbox™ Service, please visit our Web site at www.thegymbox.com.

Programming Subscriptions
Equipment
Payment
Service Term and Cancellation

The term of this Agreement is indefinite and you will continue to receive and be billed for TheGymbox service until failure of payment, breach of your responsibility hereunder or if cancelled as provided for herein. You have the right to cancel TheGymbox for any reason at any time by notifying us via telephone at the phone number, or postal address set forth at the beginning of this Agreement. Please be aware that if you cancel your Service prior to the expiration of any subscription obligation and other special obligations, no refunds will be given, and TheGymbox will charge your credit card for any amount owed. TheGymbox has the right to terminate your programming, and take any other action necessary to recover amounts due at any time without providing notice to you if: (i) you fail to pay your bill when it is due; (ii) we receive confirmation that you have received the programming or any part of the programming without paying for it; or (iii) you otherwise violate the terms of this Agreement. If your programming is cancelled for any reason, you are still responsible for payment of all outstanding balances accrued, including any applicable Fees. You understand that charges for programming, once charged to your account, are nonrefundable. For monthly subscriptions, the cancellation will be effective at the end of the period covered by the last monthly bill. No refunds or credits will be provided in connection with the cancellation of monthly subscriptions.


Customer Information
Prior Agreements

We reserve the right to change the terms and conditions of your Service at any time. If we make any changes, we will send you a copy of your new Customer Agreement containing its effective date. If you decline to accept the new terms and conditions, your sole remedy is to cancel your Service, subject to the payment of the amounts due under previously agreed terms and conditions for the providing of the services. If you do cancel, you may be charged a deactivation fee. Your continued receipt of TheGymbox following posting of the new terms and conditions on our website or receipt by email advising of the changes will constitute acceptance of the changed terms and conditions.

LIMITATION OF OUR LIABILITY

TheGymbox WILL NOT BE LIABLE FOR ANY INTERRUPTIONS IN PROGRAMMING SERVICE OR LIABLE FOR ANY DELAY OR FAILURE TO PERFORM, IF SUCH DELAY OR NONPERFORMANCE ARISES IN CONNECTION WITH THE TERMINATION OF ALL OR A PORTION OF THE PROGRAMMING SERVICES, CAUSED BY ANY ACTS OF GOD, WEATHER, FIRES, EARTHQUAKES, FLOODS, POWER OR TECHNICAL FAILURE, ACTS OF ANY GOVERNMENTAL BODY OR ANY OTHER CAUSE BEYOND OUR CONTROL. WE MAKE NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, REGARDING ANY SERVICE OR YOUR RECEIVING EQUIPMENT. ALL SUCH WARRANTIES OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARE DISCLAIMED. IN NO EVENT SHALL TheGymbox HAVE ANY LIABILITY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES RELATING TO THE EQUIPMENT, INSTALLATION OF THE EQUIPMENT OR ANY SERVICE OR THE PROGRAMMING PROVIDED, WHETHER BASED ON NEGLIGENCE OR OTHERWISE.

It is your responsibility to impose any restrictions on viewing by you, other members of your family, household, or guests, and TheGymbox shall have no liability whatsoever to anyone due to or based on the content of any of the programming, or the viewing of such content, received by Internet or through a receiver provided for the viewing of TheGymbox programming.

Warning Against Piracy

It is a violation of several U.S. federal and state laws to receive any TheGymbox programming, or any portion of such programming, without paying for it. The penalties for violating such laws can range from imprisonment to civil damage awards.

Health Risks

TheGybmox provides fitenss content. You should always consult with a physician before beginning any workout program. Your use of TheGymbox is at your own risk. TheGymbox assumes no liablility for any injury sustained for any person using the service on your account.

Miscellaneous
Resolving Disputes

In order to expedite and control the cost of disputes, you agree that any legal or equitable claim relating to this Agreement or the Programming (referred to as a "Claim") will be resolved by the following: close