TERMS & CONDITIONS

Diet365.tvFitness wants to insure that you get the best possible customer experience, and get the most value possible from the Diet365.tv Fitness program.

 

The following are the terms and conditions for Diet365.tvFitness (the "Site/Program"). By using the Site, and/or becoming a customer of the Program (or a timed preview of the Program as defined herein), you agree to be bound by all of the terms in these Terms and Conditions (the "Agreement"). The Program reserves the right to update or modify this Agreement at any time. Your continued use of the Site following the posting of any changes to this Agreement constitutes acceptance of those changes. Please read this carefully and if you have any questions, or if this Agreement does not conform to your understanding of the Program, please contact Customer Support at 1-888-973-8522 and we will be happy to assist you.

 

Program & Program Access. Diet365.tv Fitness is a customer rewards program, featuring ongoing, monthly-billed benefits and services to which/for which customers subscribe, as described herein. The Program hereby grants you a non-exclusive, non-transferable, limited right to access, use and display the Site/Program for your personal, non-commercial use, provided that you comply fully with the provisions of these Terms & Conditions.

 

Customer Benefits. As a customer of Diet365.tv Fitness, you have access to benefits, savings, discounts, incentives, rewards, and bonuses, on certain products/services offered by Diet365.tv Fitness and by participating vendors as explained in your benefits materials, including the Site/Program, and this Agreement. None of your benefits are health insurance or health care benefits or discounts off of healthcare services. Diet365.tv Fitness is not an insurer or a Discount Medical Plan Organization. Diet365.tv Fitness does not collect, store, or relay any health-related information. We reserve the right to modify, enhance, cancel, replace, terminate or otherwise change particular program benefits or benefit providers from time to time in our sole discretion.

 

Service Term, Renewal, Billing. Unless you cancel, your benefits will continue automatically on a monthly basis, with the applicable periodic customer fees disclosed to you upon your enrollment, and always available to you in your online customer account, or by contacting Customer Support, as detailed herein, automatically billed to the account identified and authorized by you at the time of your Diet365.tv Fitness registration. As a customer of Diet365.tv Fitness, you authorize Diet365.tv Fitness to conduct this monthly billing and you further authorize Diet365.tv Fitness to bill an amount less than your monthly customer fee if Diet365.tv Fitness is unable to bill the full monthly customer fee amount. Some customers are enrolled into a timed preview of Diet365.tv Fitness ("Program Preview") for a fee or for free. Upon the expiration of the Program Preview, Program Preview customers who have not called to cancel will automatically become Diet365.tv Fitness customers, with rights, privileges, benefits, and payment obligations, as detailed above, pertaining thereto.

 

Cancellation & Refund Policy. Diet365.tv Fitness, customer satisfaction is our top priority. That's why we make sure that the program's cancellation and refund policy is clear, compliant, and most importantly fair. Cancellations: As a customer of RevLabs Fitness, you can cancel your benefits at any time by calling Customer Support. Customer Support can be reached by phone at 1-888-973-8522. Their hours of operations are Monday through Friday, 8am - 5pm PST for a live agent or 24 hour automated system. Please note: You may not cancel your benefits by simply sending an email, or submitting an online customer support inquiry. This program may also include an online cancel function, whereby you can log into your customer account at the Diet365.tv Fitness website, navigate to the My Account function, and follow the online cancellation process. Refunds: (1) Diet365.tv Fitness utilizes a double verification process for each customer enrolled in Diet365.tv Fitness. (2) Diet365.tv Fitness records all customer enrollment calls to ensure the highest level of quality and compliance. (3) No refund is available for the Preview Period, if applicable. (4) Because the monthly products which are part of each customer's benefits associated with the Diet365.tv Fitness program, are included with the benefits, customers are not required to send back any product (whether used or unused, opened or unopened, for refunds, as refunds are not applicable for monthly product orders). (4) With respect to the monthly customer fee following the Preview Period, if applicable, refunds are available only following (i) a customer to call to cancel, and (ii) a customer request for a refund, and (iii) a demonstrable system error or lack of accessible benefits on the part of Diet365.tv Fitness. Because Diet365.tv Fitness is an ongoing benefits program during which the customer has unlimited access and eligibility to all of the program benefits at all times, which represent real value to the customer and real expense to Diet365.tv Fitness, standard refunds are capped at the equivalent of one (1) month's monthly customer fee (as a courtesy refund for the active/paid month the customer is in at the time of cancel). Diet365.tv Fitness also offers a refund request appeals process, whereby a recording of the customer's enrollment call is reviewed, and whereby a customer may escalate a refund request to a Customer Support Manager for additional review, the result of which shall be determined on a case by case basis and may result in a maximum of a full refund of all monies charged the customer by Diet365.tv Fitness.

 

Use of Benefits. Your benefits are non-transferable. You agree that only you, your spouse and children living in your household will have access to the program benefits. Benefits are not for re-sale. You are entirely responsible for maintaining the confidentiality of your Program password and user account information. You will promptly notify us if you become aware of any unauthorized use of your account. Your benefits include access to monthly products you can order. You understand that The Program and the Site/Program do not formulate, produce, bottle, label, or fulfill any product(s) which you may order and that you take any such products at your own risk. No product in Diet365.tv Fitness is intended to diagnose, treat, cure, or prevent any disease. No statement made on or by Diet365.tv Fitness has been evaluated by the FDA. Information in this Site/Program is provided for informational purposes only. It is not meant to substitute for any medical advice provided by your physician or other medical professional. You should not use the information contained herein for diagnosing or treating a health problem or disease, or prescribing any medication. You should read carefully all product packaging and labels. If you have or suspect that you have a medical problem, promptly contact your physician or health care provider.

 

Charge Backs. Charge backs are serious actions, and we take them seriously. It is our goal to insure that your experience with the RevLabs Fitness is successful and satisfying. If that is not the case, (1) you have access to a variety of resources (terms, instructions, how to guides, welcome letter, frequently asked questions, etc.) to assist you 24 hours a day, 7 days a week. (2) You also have ongoing access to Customer Support. You can contact Customer Support at 1-888-973-8522. Their hours of operation are Monday through Friday, 8am - 5pm PST for a live agent or 24 hour automated system. You may not cancel your benefits by sending an email, or submitting an online customer support inquiry. (3) You also have access to online Customer Support 24 hours a day, 7 days a week. You can cancel your Diet365.tv Fitness benefits at any time. The best way to do that is by contacting Diet365.tv Fitness. Diet365.tv Fitness will always work with you to respectfully, professionally, and timely address your concerns. Further (4) Diet365.tv Fitness maintains recordings of all sales calls and verification calls between you and Diet365.tv Fitness. You acknowledge that your agreement to join Diet365.tv Fitness was confirmed by your acceptance, which is recorded, and by a verification agent, which was recorded. We would ask that, should you have any complaint, concern, issue, malfunction, question, or problem regarding your Diet365.tv Fitness benefits, that you will first give Diet365.tv Fitness the opportunity to resolve the issue. We would also ask that you not submit a misleading, false, or fraudulent dispute regarding Diet365.tv Fitness to a commercial entity, a regulatory entity, financial institution, or a governmental entity, as a misleading, false, or fraudulent submission may cause harm to RevLabs Fitness.

 

No Warranty/Limitation of Liability. You agree that the Site/Program, its subsidiaries and affiliates, and each of its officers, directors and employees, along with the provider/host/administrator of the Site/Program ("The Program Parties") are not responsible or liable for any benefits, goods or services provided by participating vendors. If you have any claims relating to such benefits, goods or services provided by a participating vendor, you agree to make your claim against the vendor providing the benefit, good or service. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions. We assume no responsibility for the payment of, or contribution to, any use or sales tax on the benefits, which may be imposed by taxing authorities, and such taxes, to the extent imposed, shall remain your sole responsibility or that of the provider of the benefits, as the case may be. This Site/Program is provided on an "as is" and "as available" basis with no warranties whatsoever. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO USE OF THIS SITE/PROGRAM OR ANY OF THE BENEFITS, PRODUCTS OR SERVICES OR RELATED INFORMATION PROVIDED TO YOU FROM THE PROGRAM OR FROM OUR PARTICIPATING VENDORS. THE PROGRAM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE BENEFITS, PRODUCTS, SERVICES AND MATERIALS FROM THIS SITE/PROGRAM OR THE PARTICIPATING VENDORS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM THIS SITE/PROGRAM OR OUR PARTICIPATING VENDORS SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY EXCEED YOUR CURRENT MONTHLY FEE, AND UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR A THIRD PARTY FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, THIRD PARTY OR CONSEQUENTIAL, EVEN IF THE PROGRAM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE PROGRAM DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE/PROGRAM. THE PROGRAM DOES NOT WARRANT THAT THE SITE/PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE/PROGRAM WILL BE UNINTERRUPTED AND ERROR FREE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE/PROGRAM, AND ANY PRODUCTS YOU MAY GET FROM THE SITE/PROGRAM, AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITE/PROGRAM. YOU UNDERSTAND THAT THE PROGRAM AND THE SITE/PROGRAM ARE NOT THE PRODUCERS, FORMULATORS, BOTTLERS, LABELERS, OR FULFILLERS OF ANY PRODUCT YOU MAY ORDER THROUGH THE SITE/PROGRAM AND, AS SUCH, HAVE NO LIABILITY TO YOU WITH REGARD TO SAID PRODUCTS, OTHER THAN TO INSURE THAT THEY ARE DELIVERED TO YOU PURSUANT TO YOUR ORDER AND VALID PAYMENT.

 

Emails. By becoming a customer, you have agreed to receive written and digital communication from Diet365.tv Fitness as part of your benefits. You may opt out of receipt of written and/or digital communications by either (1) logging in to your customer account, and changing your communication settings in the My Account area, or (2) contacting Diet365.tv Fitness Customer Support to help you do so.

 

Indemnification. You agree to indemnify, hold harmless and, at our option, defend the Site/Program from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your improper use of this Site/Program, your use of any products associated with the Site/Program, your violation of this Agreement, or your infringement, or the infringement or use of any Intellectual Property Rights (as defined herein).

 

Links. The Site/Program may contain links to other web sites. The Site/Program does not control such other websites and is not responsible or liable for the availability thereof or the products, services or other materials contained on such websites. The Site/Program shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including the products, services and materials therein, is solely at your own risk.

 

Intellectual Property. You hereby agree and acknowledge that the Site/Program owns all right, title and interest in and to this Site/Program, including, without limitation, all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights. You acknowledge that all marks that appear throughout the Site/Program belong to the Site/Program, or the respective owners of such marks, and are protected by applicable trademark and copyright laws. Any use of any of the marks appearing throughout the Site/Program without the express written consent of the Site/Program or the owner of the mark, as appropriate, is prohibited.

 

Privacy Policy. Diet365.tv Fitness recognizes the importance of protecting the privacy of all information provided to us through the use of our services and related websites. We created the following policy guidelines with a fundamental respect for your right to privacy to guide our relationship with our users and consumers who use the Site/Program. Information collected through the Site/Program will be used in accordance with our Privacy Policy, which is as follows: Diet365.tv Fitness collects information when you redeem your rewards or access your Diet365.tv Fitness account. When you visit the Site/Program, you may provide to Diet365.tv Fitness what is generally called "personally identifiable" information (such as your name, email address, postal mailing address, and home/mobile telephone number, etc.). When you visit the Site/Program, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer. Diet365.tv Fitness uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Site/Program. These persistent cookies can be removed, but each web browser is a little different. So, please review your browser "Help" file to learn the correct way to modify your cookies setup. We do not link the information we store in cookies to any personally identifiable information you submit while on our Site/Program. When you use the Site/Program or open one of our HTML emails, we automatically record certain data using technology, including "clear gifs" or "web beacons," cookies (discussed above), IP addresses, unique "device IDs" (similar to IP addresses), and log files. This automatically collected data includes coupon printing and redemption activity, web browser type, the website that referred you to us, the web pages you viewed on the Site/Program, and the dates and times that you visited the Site/Program.

 

Diet365.tv Fitness uses the information that we collect to operate, maintain, and provide to you all of the benefits found on the Site/Program. Diet365.tv Fitness will not use your email address or other personally identifiable information that you provide directly to us to send promotional or marketing messages without your consent except as part of a specific program or feature for which you will have the ability to opt-out. We do not share "personally identifiable" information with other third-party organizations for their marketing or promotional uses.

 

Third-party ad servers or ad networks may serve advertisements within the Site/Program. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on the Site/Program. These ad servers automatically receive your IP address when this happens, and they may also use other technologies (such as cookies, javascript, or web beacons) to measure the effectiveness of their advertisements and to personalize their advertising content. Diet365.tv Fitness's Privacy Policy does not apply to, and we cannot control the activities of, such other advertisers or websites.

 

Diet365.tv Fitness uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. WE CANNOT, HOWEVER, ENSURE OR WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO Diet365.tv Fitness, AND YOU DO SO AT YOUR OWN RISK. Once we receive your transmission of information, RevLabs Fitness makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

 

Protecting the privacy of young children is especially important. For that reason, Diet365.tv Fitness does not knowingly collect or maintain information from persons under eighteen (18) years of age, and no part of the Site/Program is structured to attract anyone under eighteen (18). If you are under eighteen (18) years of age, then please do not use or access the Site/Program at any time or in any manner. If Diet365.tv Fitness learns that personally identifiable information of persons under eighteen (18) years of age has been collected on the Site/Program without verified parental consent, then Diet365.tv Fitness will take the appropriate steps to delete this information.

 

YOUR CONTINUED USE OF THE SITE/PROGRAM CONSTITUTES YOUR AGREEMENT TO THIS PRIVACY POLICY.

 

Severability/Waiver. In the event any provision of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator, such determination shall in no way affect the validity or enforceability of any other provision herein. The failure by us to exercise rights granted to us hereunder upon the occurrence of any violations set forth in this agreement shall not constitute a waiver of such rights upon the recurrence of such violation.

 

Arbitration. All legal issues arising from or related to the use of your benefits and this Site/Program shall be construed in accordance with the laws of the State of California. Any controversy or claim arising out of or relating to this Agreement or your use of the Site/Program shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA"). Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of another party. The arbitration shall be conducted in San Diego County, California and judgment on the arbitration award may be entered into in any state or federal court in California having jurisdiction thereof. Notwithstanding the applicable law on statute of limitations, demand for arbitration with the AAA must be filed within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. (If applicable law prohibits a one-year limitations period for asserting claims, the claim must be asserted within the shortest time period in excess of one year that is permitted by applicable law.) The use of your benefits and this Site/Program and the terms of this Agreement shall be governed exclusively by the laws of the State of California and the Federal Arbitration Act, without regard to conflict of laws provisions. By using the Site/Program and thereby agreeing to the Agreement, you hereby consent to the personal jurisdiction and venue in the state and federal courts sitting in the State of California.

 

Assignment. We may assign our rights and obligations under this Agreement. This Agreement will inure to the benefit of our successors, assigns and licensees.

 

Entire Agreement. This Agreement, together with our prior agreement when you enrolled as a customer in Diet365.tv Fitness, constitutes the entire agreement between you and us relating to the subject matter herein.

 

Feedback. If you have comments on the Site/Program or ideas on how to improve it, please email Customer Support at [email protected] Please note that by doing so, you also grant the Site/Program permission to use and incorporate your ideas or comments into the Site/Program without compensation.

 

Customer Support. If you have any questions or concerns about your benefits and the Site/Program, contact us at [email protected] You can contact Customer Support at 1-888-973-8522. Their hours of operation are Monday through Friday, 8am - 5pm PST for a live agent or 24 hour automated system. You may not cancel your account by sending an email, or submitting an online customer support inquiry.

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