FIRM CONTOUR TERMS OF USE
Last Updated: 23 October 2011
Please read the following General Website Terms of Use (this "Terms of Service") carefully before opening a FirmContour membership account ("Account"), using FirmContour.com (the "Site") or the various services we provide, including, but not limited to our weight and fitness management program, periodic contests and other tools and benefits that can help you lose weight and keep it off.(collectively, the "Services"), so that you are aware of your legal rights and obligations with respect to Jubilee Enterprises, LLC and its affiliates and subsidiaries (individually and collectively, "we," "us," or "Jubilee Enterprises" or "FirmContour").
Also review our Privacy Policy which also governs your visit to our site(s) to understand our practices.
Team FirmContour is happy that you're on your way to becoming the best you can be and dropping your unwanted pounds and inches by considering the FirmContour program. Many people have been successfully achieved their personal goals when following this program and you can be too.
Membership and Subscription Pricing
PREMIUM MEMBERSHIP IS AN AUTOMATIC RENEWAL SUBSCRIPTION SERVICE. UNLESS YOU STOP YOUR MEMBERSHIP THE FEE AGREED AT SIGN UP IS CHARGED EVERY TERM FROM THE DATE OF YOUR ENROLLMENT TO THE METHOD OF PAYMENT ("PAYMENT METHOD") YOU SELECTED AT THE TIME OF REGISTRATION.
AS A PREMIUM MEMBER YOU CAN LOG INTO YOUR ACCOUNT 24/7 USING YOUR USERNAME AND PASSWORD. THIS GIVES YOU ACCESS TO THE E-TOOLS PROVIDED IN THE WEIGHT AND FITNESS MANAGEMENT PROGRAM (* SERVICES) WITHOUT ADDITIONAL COST OR CHARGES.
FirmContour Current Fees:
Registration: $24.95
Standard 4 week membership: $3.24 weekly billed $12.95 at sign up and every 4 weeks (*)
Standard 13 week membership: $3.24 weekly billed $12.95 at sign up and every 13 weeks (*)
Standard 26 week membership: $3.24 weekly billed $12.95 at sign up and every 26 weeks (*)
(*) and every 4, 13 or 26 week term thereafter unless you stop your membership
Special Offers
When a special membership offer become available the terms and conditions listed shall apply.
Offer 101: Free Registration, 13 weeks plus 3 weeks free. $42.12 billed at sign up.
This offer is for new members only and cannot be combined with other promotions or offers. You receive 3 additional weeks FREE when you sign up for the Standard 13 week program @3.24/week for a total of $42.12. Your membership will rollover to $3.24/week billed at $12.95 every 4 weeks to the Payment Method you provided on registration until you stop your membership.
This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may stop your membership and/or subscription at any time, for any reason. Simply follow the instructions on the Stop My Membership page in the ‘Questions’ section of the website OR you may Contact Us online. If you stop your membership, you membership will remain active until the end of your then-current subscription period (that is, the subscription period through which you had paid prior to your termination).
FirmContour may terminate your membership by sending you notice at the email address you provide in your registration or such other email address as you may later provide to FirmContour.com. If FirmContour.com terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of FirmContour.com. FirmContour.com is not required to provide you notice prior to terminating your membership and/or subscription. FirmContour.com is not required, and may be prohibited, from disclosing a reason for the termination of your account. After your membership or subscription is terminated, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
Payment and Refund Information
Member satisfaction is of prime importance. If for any reason you are not completely satisfied you can stop your membership by visiting 'Stop My Membership" on our website. We do not provide refunds or pro-rate your membership fee. If you cancel we ask that you cancel 5 days before your next billing date. Although your account is canceled you may continue to login and access the program for the balance of your then current enrollment term, however, you will not be charged for the subsequent term at which time access to the program and other member benefits will be denied. More information can be found by selecting Cancelation Policy in the Questions section.
BY USING THIS SITE, OPENING AN ACCOUNT, OR USING OUR SERVICES, (i) SIGNIFY YOUR IRREVOCABLE ACCEPTANCE OF THIS GENERAL TERMS & CONDITIONS; AND (II) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER AND OF LEGAL AGE TO AGREE TO THESE TERMS OF SERVICE. IF YOU ARE YOUNGER THAN 18 YEARS OLD, YOU ARE NOT ALLOWED TO CREATE AN ACCOUNT. THOSE UNDER AGE 18 MAY USE THE SITE AND ITS SERVICES ONLY WITH CONSENT OF A PARENT OR LEGAL GUARDIAN. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF USE, DO NOT USE THIS SITE OR ITS SERVICES.
From time to time FirmContour may run Weight Loss Challenges. Each Challenge has its own terms and conditions. By participating in a Challenges, you agree to the specific terms and conditions of that contest in addition to the terms and conditions of this Terms of Use and the FirmContour Privacy Policy. Please carefully read the specific terms and conditions of the contest you are entering as well as the rest of this Terms of Use and the FirmContour Privacy Policy before participating in the contest.
Our business may change and our Privacy Policy and Terms of Service can change. We may e-mail, text or in other ways provide periodic reminders of changes to our policies but you should check our Website frequently to see recent changes. FirmContour has the right to revise this Terms of Service at any time without providing notice to its users. Your continued use of this Site, the Services and/or your Account shall be deemed irrevocable acceptance of those revisions.
FirmContour reserves the right to change, modify, suspend or discontinue any portion of this Site or any Contest at any time. FirmContour may also impose limits on certain features or restrict your access to parts or the entire Site in its sole discretion and without notice or liability.
1. Description of Services
(*) You may become a Premium Member. FirmContour provides a specified term subscription based weight, fitness and health management program where a member can log in and access all the tools and services associated with Premium Membership without additional cost or charges. An additional fee or charge may be applicable if a member wishes to participate in our periodic Weight Loss Challenges, Virtual Fitness Classes or Life Coaching Sessions if in fact a fee or charge applies.
'Month' or 'Monthly' in the Terms of Use refers to any 4 week FirmContour memberhip period.
Alternatively you can be a Guest of FirmContour at no cost. As a Guest you have access to our public website and will receive special offfers and news updates by standard email and/or our electronic newsletter 'Contour News'. In order to access the full program you are required to become a Premium Member. Premium Membership is a monthly automatic renewal subscription service. The subscription fee is charged automatically to your payment method selected when you registered and every 4 weeks or specified term thereafter on the anniversary of your enrollment unless or until you cancel. Subscription fees are charged whether or not you actually log in to the program or otherwise use the site during the month. You may cancel the Premium Membership at any time. 'STOP MY MEMBERSHIP' on firmcontour.com website. Membership fees are not refundable and will not be pro-rated in the event of a cancelation request is received after the fee for that term has been billed.
2. Privacy
Your privacy is very important to us at Jubilee Enterprises LLC. Personal information that we collect from you will be governed by the FirmContour.com Privacy Policy which is incorporated by reference into these Terms of Service and available at: www.firmcontour.com/privacypolicy.php
3. Limited License
FirmContour grants you a limited license to (i) access and use the Site and the Services, and (ii) use Downloads solely for your own personal use whether on a computer or mobile device. This license does not allow you to make any commercial use or any derivative use of the Site, the Services, or the Downloads (including any individual elements or content).
4. Use of Materials
All materials transmitted or published by FirmContour on the Site or made available through the Services, (including, but not limited to the Downloads, text, images, forms, logos, graphics, images, audio clips, video clips, photographs, illustrations, audiovisual clips, etc.) (collectively, the "Materials") are owned or controlled by Jubilee Enterprises , its subsidiaries or affiliated companies or a third-party provider, and are protected by United States and international copyright laws.
Any copying, uploading, reproduction, transmittal or redistribution of the Materials which is not in accordance with this Terms of Service is strictly prohibited. Making modifications to the Materials or creating derivative works based on the Materials is prohibited, as is the unauthorized use of the Materials on any networked computer environment or other website.
5. Accounts and Security
To use certain aspects of the Site or the Services, you must register with FirmContour.com to open an Account. As part of the registration process, each user will select a username and password. You shall provide FirmContour with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Service, which may result in immediate termination of your Account. You promise you will not (i) selector use a user name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; (iii) use a user name that FirmContour, in its sole discretion, deems inappropriate or offensive; (v) breach any representation, warranty or promise made by you in this Terms of Service regarding your Account. vs
You agree to notify FirmContour of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password. It is your sole responsibility to protect your user name and password and not share your password with any other people. Accordingly, you understand and agree that you shall be liable for any activity performed by any people using the Site or Services under your user name and password.
FirmContour may immediately terminate your Account, or suspend your access to your Account, in its sole discretion and, without notice, for conduct that FirmContour believes is: (i) illegal, fraudulent, harassing or abusive; (ii) a violation of this Terms of Service or any other policies or guidelines posted by FirmContour (including, but not limited to violation of any terms and conditions of any Contest); or (iii) harmful to other users, third parties, or the business interests of Jubilee Enterprises . Use of an Account for illegal, fraudulent or abusive purposes may be referred to law enforcement authorities without notice to you. You shall be liable for any activities on or uses of your Account even if such activities or uses were not committed by you. If you file a claim against Jubilee Enterprises, or a claim which in any way involves Jubilee Enterprises , then FirmContour may terminate your Account. Upon termination of your Account by FirmContour for any of the above-mentioned reasons, (i) you may not establish a new Account for a period of one year from the date of termination, (ii) FirmContour will have no obligation to notify any third parties regarding such termination, and (iii) you will be responsible for any damages that may result or arise out of termination of your Account.
6. Your Promises
You promise that you will not:
Should you breach any of the foregoing promises, (i) in addition to any other rights it may have at law or in equity, FirmContour may immediately terminate your Account, (ii) you immediately forfeit all prizes you may have won participating in a Contest, and (iii) you may be subject to civil and/or criminal prosecution.
7. Shipping Payments and Giveaways
You acknowledge that, with the exception of the free Downloads discussed below, you must pay for any shipping charges, and other charges you acquire through this Site through a credit card or any other acceptable method of payment you provide to FirmContour. When you purchase a product, or receive a free product you authorize FirmContour to charge the fee for the shipping and any applicable taxes FirmContour is required to collect to the credit card number or other acceptable payment method you provide to Jubilee Enterprises . If FirmContour is unable to process the fee to the payment method you provided, FirmContour may immediately terminate your Account. FirmContour reserves the right to change the fees charged for shipping and payment methods at any time. All shipping fees are stated in U.S. dollars. You may terminate your Account at any time however, you will not be refunded any shipping fees already paid to FirmContour upon such termination.
FirmContour may offer free products or free trials of products through this Site from time to time, including, without limitation, as a premium for participating in a Contest. FirmContour reserves the right to terminate such free product promotions at any time, in its sole discretion, for any reason or no reason at all, with or without prior notice to you.
You are responsible for and agree to pay all charges incurred, including applicable taxes, by you or anyone you allow to use your Account.
8. Disclaimer
THIS SITE AND THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY FIRMCONTOUR OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THIS SITE AND THE SERVICES, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, FIRMCONTOUR DOES NOT WARRANT THAT THIS SITE, THE SERVICES AND THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE, THE DOWNLOADS AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THIS SITE AND/OR THE DOWNLOADS REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
ADDITIONALLY Content on FirmContour is for reference purposes and is not intended to substitute for advice given by a physician, pharmacist, or other licensed health-care professional. You should not use this information as self-diagnosis or for treating a health problem or disease. Contact your health-care provider immediately if you suspect that you have a medical problem.
FirmContour.com assumes no liability for inaccuracies or misstatements about any information provided on the site or about the products and services offered through the Firm Contour membership program.
Site visitors and program members who use the program or offered products assume all risk. FirmContour and its owners or any related parties assume no liability of any kind. Visitors, Guest and/or Premier Members agree to indemnify, defend and hold Jubilee Enterprises, FirmContour and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to a Members violation of the site Terms of Use or use of the Site.
9. Limitation of Liability
IN NO EVENT SHALL FIRMCONTOUR BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY MOTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER, MOBILE PHONE OR MOBILE DEVICE FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR THE SOFTWARE, INCLUDING ANY DAMAGES RESULTING THEREFROM, EVEN IF FIRMCONTOUR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THIS SITE OR THE SOFTWARE IS TO TERMINATE YOUR ACCOUNT, DISCONTINUE ANY USE OF THIS SITE AND CEASE USE OF THE SOFTWARE.
Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.
10. Links to Third Party Sites
Some links provided throughout this Site will let you leave this Site. These links are provided as a courtesy only, and the sites they link to are not under the control of FirmContour in any manner whatsoever. Therefore, FirmContour is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. FirmContour is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by FirmContour of any linked site and/or any of its content therein.
11. Term of Use
The license for use of this Site or the Downloads is effective until terminated. This license will terminate as set forth within this Terms of Use or if you fail to comply with any term or condition of this Terms of Use. In such event, no notice shall be required by FirmContour to effect such termination. Sections 4, 6, and-8 through 18 of this Terms of Service shall survive any termination or expiration of the license for the use of this Site or the Downloads.
12. Your Representations and Warranties
You represent and warrant that:
13. Indemnity
You agree to indemnify, defend and hold harmless Jubilee Enterprises , and its subsidiaries, affiliates, officers, parent companies, agents, co-branders or other partners, and employees (collectively, the "Indemnified Parties"), at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to your (i) Violation or breach of any term of this Terms of Service or any policy or guidelines referenced herein, or (ii) use or misuse of this Site, the Services, the Contests or the Downloads.
14. Notification of Copyright Infringement
FirmContour may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act, and you expressly authorize FirmContour to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you. FirmContour will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through this Site or the Services, please notify FirmContour Agent identified below.
A notification of claimed infringement must be a written communication addressed to the FirmContour Copyright Agent set forth below (the "Notice"), and must include the following:
15. Dispute Resolution/Choice Of Law:
Any controversy, claim, demand or disputes arising out of or in relation to any portion of this Agreement or the breach thereof, shall be submitted to final and binding arbitration before the American Arbitration Association in accordance with its Commercial Rules applicable to proceedings determined by one (1) arbitrator. Any arbitration shall be conducted via a telephone hearing or facilities maintained by the American Arbitration Association for that purpose in New Jersey, Judgment upon any award it may grant may be confirmed and entered in any court of competent jurisdiction. This provision shall be deemed self executing and an award may be entered against a party who fails to appear at any duly noticed hearing. This provision shall survive the expiration or termination of this Agreement.
Except where prohibited participants, (and participants parent/legal guardian if participant is a minor) agree that: (a) any and all disputes. claims and causes of action arising out of or connected with this Program shall be resolved individually, without resort to any form of class action, and exclusively by an action in state or federal court located in the State of New Jersey and (b) any and all claims judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program but in no event attorneys' fees: and (c) under no circumstances will participant be permitted to obtain awards for and participant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms of Use, or the rights and obligations of participant and/or Releases in connection with this Promotion, shall be governed by and construed in accordance with the laws of the State of New Jersey without regard for conflicts of law doctrine of any jurisdiction.