Body Beats

PRIVACY POLICY
(Last revised February 2007)

Thank you for visiting MyBodyBeats.com (“Site”). MyBodyBeats, Inc., and its affiliates (“MyBodyBeats”) respect your privacy. We have created our privacy policy (“Privacy Policy”) to demonstrate how we are committed to protecting your personal information and the security of all data on this Site. Our company gathers data to study online customer activity and collects different information about our customers to ensure we are providing you with the best products and experience possible. The policy will inform you of what to expect when accessing our site regarding the information we gather from you, how we may use or disclose that information and our efforts to ensure that your information is protected. It is your obligation to review this policy each time you use the Site as it is subject to change at any time by MyBodyBeats without notice to you. Accessing this Site indicates your agreement to this Privacy Policy. Any changes to the Privacy Policy will be effective immediately upon posting to this Site.

TYPES OF INFORMATION COLLECTED AND WHY
MyBodyBeats’ primary goal in collecting information from you is to provide you with an appealing and customized experience, to create content on the Site that is most relevant to you, and to process your transactions you initiate more effectively. When you access and shop on our Site, we collect two types of information: personal information and non-personally identifiable information. This allows us to continuously improve our Site. MyBodyBeats will ask you for your permission before we collect any information that personally identifies you or allows us to contact you.

HOW MYBODYBEATS USES YOUR INFORMATION
Throughout your MyBodyBeats experience, we may ask you to provide information about yourself. For instance, during the registration process we may ask you to provide you name, title, address, birth date, gender, company, address, phone number, email address, and other relevant data. This information allows us to improve our features, personalize the offerings and content presented to you, to contact you should the need arise or to respond appropriately to your request for services, and to assist us in offering you additional products and services that may be of interest to you. It is not required that you provide this information in order to access any area of our Site.

Your information may be shared with our affiliates, who may use this information according to their applicable privacy policies, with which you should be familiar. Your information will not be shared with third parties unless it is necessary to fulfill a transaction you have requested, or in other instances in which you have consented to the sharing of your information. MyBodyBeats may use your information to present offers to you on behalf of business partners and advertisers. These business partners and advertisers receive aggregate data about groups of MyBodyBeats users, but do not receive information that personally identifies you.

MyBodyBeats Site contains comment tools (a.k.a. blogs). We do not actively monitor these comments and the information. If we are alerted to something we deem inappropriate in any way, we may delete it at our discretion. Be advised that if you use these tools to disclose information about yourself publicly, other online users may obtain access to any information you provide.

MyBodyBeats may access or disclose your information, including the comment tools, when necessary to protect the rights or property of the MyBodyBeats and its affiliated providers, or in special cases such as a threat to your safety or that of others.

Some information, such as frequency of visitors and numbers, are obtained automatically and are non-personally identifiable. This type of information is used to recognize you as a user, determine how often certain parts of our site are being used, to improve the Site, and to provide aggregated statistical information, never information about you personally, to our partners. The nickname for this technology is called “cookies”.

COOKIES
A "cookie" is a small data file that a website can send to your browser, which may then be stored on your hard drive to help our website remember information about you when you return to our website, such as your preferences or account id's. These cookies do not read data off of your hard drive, read cookie files created by other websites or track personally identifiable information about you. You may have the option of setting your browser to reject cookies; however, doing so may negatively impact your experience on the Site or restrict us in better serving your wants and interests.

INFORMATION USE AND DISCLOSURES
MyBodyBeats may retain user identifying information on a secure server so that when you re-visit our Site, you will not need to re-enter that information. We may use this information in an aggregated manner in order to measure the number of visits, average time spent on the site and which pages are viewed, and other relevant statistics. MyBodyBeats uses this information internally to improve its marketing and promotional efforts, and to improve this Site’s content or layout.

DISCLOSURE OF AGGREGATE INFORMATION
From time to time, we may combine your personally identifiable information, and information about your preferences and activities, with those of a particular group of our users to prepare collective profiles of our users and their activities for our internal use. For instance, we may track the number of our users who use certain features or view specific pages or compile the amount of sales conducted through the Site in a certain geographic regions or to track purchasing trends. This information, and other information we obtain from individual users' information, allows us to continue to grow and provide you with superior information through target marketing and advertising of the Site. We may share aggregated information concerning our users, without disclosing personal information, to our advertisers and other companies with whom we conduct business.

HOW DOES MYBODYBEATS KEEP YOUR INFORMATION SECURE?
MyBodyBeats makes every effort to ensure that your information if private and secure. We use various physical, electronic, and administrative procedures to safeguard the confidentiality of personally identifiable information, including Secure Sockets Layer (“SSL") for all financial transactions through this Site. Detailed information about SSL is available from GeoTrust, Inc., at http://www.geotrust.com/enterprise/ssl_certificates.asp. Safeguards have also been established to help prevent unwarranted access or misuse of your information within our facilities by using passwords to help verify your identity before gaining access to your information.

WHILE MYBODYBEATS HAS TAKEN COMMERCIALLY REASONABLE PREVENTATIVE MEASURES TO SAFEGUARD PERSONALLY IDENTIFIABLE INFORMATION, MYBODYBEATS CANNOT AND DOES NOT GUARANTEE COMPLETE SECURITY OF PERSONAL INFORMATION BECAUSE COMPLETE SECURITY DOES NOT PRESENTLY EXIST ON THE INTERNET.

Our website may contain "links" to other sites, and we cannot and are not responsible for maintaining your privacy once you leave our site. If you provide any information to parties who operate Web sites that are linked to or from our Site, different rules may apply to their collection, use or disclosure of your personal information. We encourage you to review other sites' policies before revealing any sensitive or personal information. Under no circumstances shall MyBodyBeats have any liability whatsoever for the activities conducted by or at any Web site accessed from or through the Site.

SPECIAL POLICY ON INFORMATION REGARDING CHILDREN UNDER THE AGE OF (18)
The Site is not directed to children under the age of 18, and MyBodyBeats does not knowingly collect any personal information from children under the age of 18. If you are concerned about your child's use of the Site, you may use web filtering technology to supervise or limit access to the Site.

UPDATES TO THIS PRIVACY POLICY AND ADDTIONAL INFORMATION
MyBodyBeats may update or add to this Privacy Policy from time to time. If MyBodyBeats decides to do so, it will post the updates or additions on this Site so that you will always be aware of what personally identifiable information we collect and how we use or distribute it. You should review this Privacy Policy from time to time so you will know if the Privacy Policy has been updated or added to.
If you have any questions about MyBodyBeats’ Privacy Policy, please contact MyBodyBeats Customer Support department at support@mybodybeats.com.

TERMS OF USE
(Last revised February 2007)

INTRODUCTION
This document sets forth the terms and conditions ("Terms and Conditions") governing your use of the Internet web site operated by MyBodyBeats, Inc. ("MyBodyBeats"), located at "www.MyBodyBeats.com" (the "Site"), and the information and services made available on and through the Site. By browsing information about products designed by MyBodyBeats from the Site or by purchasing any files or other products on this site, you accept and agree, without limitation or qualification, to Terms and Conditions set forth below and agree, without limitation, to the terms of Online Privacy Policy set forth below. Please read these Terms and Conditions carefully. These Terms and Conditions will form a binding Agreement between you, the user, and MyBodyBeats.

ACCEPTANCE OF TERMS AND CONDITIONS
By completing a purchase of any files or other products on this Site, you are deemed to have read, understood, and accepted each of the Terms and Conditions set forth below. Acceptance of these Terms and Conditions constitutes a legal agreement between you and MyBodyBeats and its related entities. If you do not understand or accept these Terms and Conditions, you may not use this Site. Please review these Terms and Conditions each time you use the Site. MyBodyBeats reserves the right to update or revise the Terms and Conditions at any time without notice to you. Any changes to these Terms and Conditions shall be effective immediately upon posting to the Site. By your use, you are bound by any revisions or updates to the Terms and Conditions as they exist at any time. It is the sole discretion of MyBodyBeats to suspend your use of the Site for any reason at any time.

CONTENT OWNERSHIP
The elements of MyBodyBeats products or services, including but not limited to audio, video, images, software, text, graphics, designs, logos, button icons, fulfillment material, nutrition and fitness guides, tools, images, photographs, data compilations and information ("Content") contained on the Site are owned or controlled by MyBodyBeats or its respective owners and are protected by U.S. and international copyright laws. You may not modify or further reproduce the Content for any purpose whatsoever. You may download Content solely for your personal use for non-commercial purposes.
There may be other proprietary logos, service marks, and trademarks found on this Site not owned by MyBodyBeats. By making them available on this Site, MyBodyBeats is not granting you any license to make us of those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. All logos and trademarks displayed on the Site are registered trademarks or trademarks of MyBodyBeats or are the marks, trade names, trade dress of their respective owners. Depictions of products or services on the Site are trademarks of their respective owners ("Trademarks") and are protected in the U.S. and internationally. The Content on this site is intended for informational purposes only. Before implementing and using any of the general information, fitness and nutritional guides, recommendations, advice or instructional programs on the Site, we ask that you consult with your physician or health care practitioner. The Content for all MyBodyBeats products and services are not intended to supersede or substitute medical counseling, diagnosis, or treatment. If you have any health-related questions or questions about your medications, please discuss them with your physician.

CONTENT ACCURACY
MyBodyBeats will make every reasonable effort to include accurate and up to date Content on the Site. MyBodyBeats provides such Content for informational purposes only and does not warrant or represent those descriptions of services or other Content contained on the Site is complete, accurate, reliable, current or error-free.

COPYRIGHT NOTICE
The Content on the Site is the property of MyBodyBeats, and contains and/or comprises copyrighted or other proprietary subject matter. No use of the content on the Site may occur which would constitute copyright infringement, including reproduction, retransmission, reverse engineering, editing, or modifying. You may not copy, reproduce, distribute, sell, rent, lease, or publicly display the content found on the Site. You may not create derivative works based upon the Content. Copyrighted material includes, but is not limited to, computer programs and accompanying sounds, images and text. Any unauthorized use of this Site or any of its Contents, in whole or in part, shall be considered copyright infringement. It is illegal for anyone to violate any of the rights provided by the copyright laws to the owner of copyrighted material.
Should you infringe this copyright, you may be liable to the owner for relief.

TRADEMARKS AND SERVICE MARKS
All Content and all trademarks, service marks, trade dress, logos, and tag lines displayed on this Site are the sole and exclusive property of MyBodyBeats. Use of the MyBodyBeats Logo for commercial or endo
rsement purposes without the prior written consent of MyBodyBeats constitutes trademark infringement and unfair competition in violation of federal and state laws. You must obtain prior consent from MyBodyBeats if you wish to use MyBodyBeats trademarks, service marks or images in promotional, advertising, instructional, or reference materials, or on your web sites, products, labels, or packaging. You may not us MyBodyBeats trademarks, service marks, symbols, icons or graphics in a reproachful manner at the sole discretion of MyBodyBeats.

HYPERLINKS
The Site may present links to third party web sites not owned or operated by MyBodyBeats. The Site may also permit third parties to link to this Site. MyBodyBeats may not control the web sites leading to the Site and is not responsible for the content, availability, or privacy policies of these web sites. Links to or from a third party web site, whether provided by MyBodyBeats or not, do not imply any affiliation between MyBodyBeats and the site owner, or an endorsement of such third party sites. MyBodyBeats may cancel any link at any time and will remove any link from this Site upon request from the owner of the linked site.

AGE REQUIREMENT
You must be at least 18 years of age to enter into this Agreement on your own behalf. If you are under 18 but at least 13 years of age, you must present this Agreement to your parent or legal guardian, and he or she must check the box below to enter into this Agreement on your behalf. Furthermore, if you enter any person under 18 years of age to into this agreement you are and shall be responsible for all access to and use of the Site by such person, including all purchases from MyBodyBeats through the Site.

INDEMNITY
You agree to defend, indemnify, and hold harmless MyBodyBeats, Inc. and its officers, directors, employees, representatives, affiliates, subsidiaries, and agents, from and against any and all claims, losses, demands, or actions, including, but not limited to, expenses, damages, and costs, and reasonable legal and accounting fees, alleging or resulting from your use of the Site and the Content or arising from or concerning your breach of these Terms of Conditions or your actual or alleged violation of law or any third-party rights, including, but not limited to, Content ownership or intellectual property rights.

WARRANTY DISCLAIMERS
THE SITE AND THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER MYBODYBEATS NOR ITS EMPLOYEES, SUBSIDIARIES OR AFFILIATES, EACH OF THEIR RESPECTIVE OFFICERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DESIGNERS, DISTRIBUTORS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE MAKES NO REPRESENTATION OR WARRANTY THAT THE INFORMATION CONTAINED ON THIS SITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THE SITE WILL BE CURRENT, TIMELY, COMPLETE, ACCURATE UNINTERUPTED OR ERROR FREE. WE MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. MYBODYBEATS HAS NOT REVIEWED ALL THE SITES THAT MAY BE LINKED TO ITS SITE AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE CONTENT OF ANY OFF-SITE PAGES OR ANY OTHER SITES LINKED TO THESE SITES. YOUR LINKS TO SUCH SITES AND TO THE SITE IS AT YOUR SOLE RISK.

LIMITATION OF LIABILITY
MYBODYBEATS WORKOUT AND NUTRITIONAL PROGRAMS ARE DESIGNED FOR PEOPLE IN GOOD PHYSICAL HEALTH. IN NO EVENT SHALL MYBODYBEATS ITS EMPLOYEES, SUBSIDIARIES, AFFILIATES, EACH OF THEIR RESPECTIVE OFFICERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DESIGNERS, DISTRIBUTORS, MERCHANTS, SPONSORS, LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF THIS SITE OR INFORMATION OBTAINED ON THE SITE, OR ON ANY LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY PROFITS, BUSINESS INTERRUPTION OR OTHERWISE. HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH THE USE OF MYBODYBEATS SITE AND ITS CONTENTS INCLUDES BUT IS NOT LIMITED TO ANY AND ALL ILLNESSES, INJURIES, ACCIDENTS, INCLUDING THOSE ILLNESSES, INJURIES AND ACCIDENTS RESULTING IN DEATH, OR TERMINAL MEDICAL CONDITION THAT OCCUR WHILE USING OR AS A RESULT OF USING MYBODYBEATS SITE AND ITS CONTENT, ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED, ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE, OR ANY FAILURES, DELAYS OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE SITE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT AND SERVICES AVAILABLE THROUGH THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. OTHER THAN WHERE SO RESTRICTED, IN NO EVENT SHALL SUCH DAMAGES OR LIABILITY EXCEED THE AMOUNTS PAID BY YOU TO MYBODYBEATS FOR THE SERVICE AND CONTENT.

CHANGES OR UPDATES
MyBodyBeats may change or update the information contained in these Terms and Conditions at any time and without prior notice by posting the modified Terms and Conditions to the Site. MyBodyBeats may also make improvements and/or changes in the content and/or the programs described in this information at any time without notice. You are obligated to review these Terms and Conditions on an ongoing basis. Your continued use of the Site constitutes your agreement to these Terms and Conditions. If at any time you do not agree to these Terms and Conditions, you must cease your use of this Site.

RESERVATION OF RIGHTS
MyBodyBeats reserves to itself any and all rights not expressly granted herein

CONTACT INFORMATION
Please send any questions or comments regarding the Site by e-mail to support@mybodybeats.com or by mail to:

MyBodyBeats, Inc.
227 Sandy Springs Place, Suite D-380, Atlanta, Georgia 30328

COMPLETE AGREEMENT
This Agreement and any other terms or documents referred to herein constitutes the entire agreement with you and MyBodyBeats with respect to your access to, use of the Content and purchase of the Content through the Site. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The laws of the State of Georgia govern this Agreement and your use of the Content, excluding any conflict of laws provisions. You expressly agree that the courts in the State of Georgia, Fulton County, have exclusive jurisdiction and venue over any claim or dispute with MyBodyBeats.