The Cool E Fitness Terms and Conditions

Introduction

Your Contract With Us

In these Program Terms and Conditions “Terms,” “You,” “Your,” and “Member” refer to the primary Member linked to the Cool E Fitness Rewards Program. “Cool E Fitness,” “We,” “Us,” and “Our” shall mean Cool E Fitness, a d/b/a of Cooley Collective, LLC. You expressly agree to conduct business with Cool E Fitness and assent to all terms in electronic form, and You expressly agree that Cool E Fitness may communicate with You via email. Before using the services of Cool E Fitness, You should read these terms and conditions carefully, and You are encouraged to print them out for Your safekeeping.

This Program is not available to non—Members of Cool E Fitness.

Changes to this Program

Cool E Fitness reserves the right to amend, cancel, or temporarily suspend the Program or Your participation in the Program, in whole or in part, or change any of the Terms, at any time for any or no reason; including without limitation, in the event of fraud, abuse of Program privileges, or violation of the Terms as determined in Our sole discretion (examples of Program violations include any attempt to sell, exchange, or transfer points or any instrument exchangeable for points) without notice to You, which may result in the decrease of redemption value or cancellation of points not yet redeemed.

You are responsible for promptly notifying Us of a change in Your name, address (including email addresses You Use with Us), or telephone number(s). Cool E Fitness will normally communicate with You via email, so it is always critical that You notify Us of Your current email address.

Telephone Monitoring and Contacting You

From time to time We may monitor and record telephone calls regarding Your Program to assure the quality of Our service. You agree, in order for Us to service Your Program, that We may, from time to time, make calls and send email messages to You, Using auto generated or personally written messages to the email associated with Your account.

The Program is a service of Cool E Fitness and is administered by Cooley Collective, LLC, which is solely responsible for the administrative services.

Cool E Fitness and its respective parent, subsidiary, and affiliated companies (collectively “Affiliates”) maintains control over the offerings of its independent suppliers, which shall include, without limitation, airline, hotel, travel program, cruise line, rental car, merchandise, activity, and gift card suppliers (individually and collectively, “Suppliers”) from which We purchase products, services or benefits (individually or collectively “Services”) arising out of or in conjunction with this Program. Cool E Fitness is not a co-vendor with any other Supplier. Accordingly, neither Cool E Fitness or its respective Affiliates is responsible for any loss or injury to property or person which may be caused or contributed to by Suppliers or by any other cause, condition or event beyond the direct control of Cool E Fitness or its Affiliates. Members participating in the Program hereby release Cool E Fitness and their respective Affiliates, as well as its respective officers and its Affiliates’ officers, shareholders, assigns, directors, employees, and agents from any and all liability for claims resulting from any acts or omissions of the Suppliers providing or failing to provide Services in connection with the Program, or from any other cause, condition, or event beyond the direct control of Cool E Fitness or its respective Affiliates.

Cool E Fitness, and its respective Affiliates, are not responsible for the performance or non-performance of any or all Suppliers for any reason including, but not limited to, delivery, bankruptcy, insolvency, assignment for the benefit of creditors, and changes for any Services under this Program. All reservations are subject to the conditions imposed by the Supplier, which include exclusion or limitation of liability.

These Terms are void where prohibited by law. Rewards may not be valid where restricted by law. All registered marks, trademarks, and service marks belong to their respective owners.

Section 2: Enrollment

Program eligibility, the ability to earn points, and/or the ability to redeem points are each restricted to Members whose account linked to the Program is open, current, not in default or delinquent, and the account or Program has not been terminated or canceled pursuant to these Terms.

You can cancel Membership in the Program at any time by contacting Us at the number listed on the Website or through Your profile on Cool E Fitness.

Section 3: Points: Earning, Expiration, Forfeiture

As a Member of Cool E Fitness, You will be awarded Points upon completion of an exercise class; either online or in person. These Points vary in value depending on the Sponsorship of said Points, typically 1, 5, or 10 Points. Once You have earned enough Points, You can redeem them for items. Points can only be earned once a day and it is up to You to choose how many Points You earn on a specific day after a specific exercise.

Point accrual will begin upon the Program Enrollment Date. No retroactive points will be awarded.

Points are updated daily at the time You have completed the required process to earn the points.

Members will earn a minimum of one point for every time they complete an exercise video or attend a class that is Sponsored by Cool E Fitness.

Points will expire on the 12th monthly billing statement beginning with the first billing statement in which the points were eligible for redemption. Points are redeemed on a first-in first-out basis.

Point Cap Maximums: There is no maximum point cap.

If Your account is closed or the Program is canceled for any reason, Membership in the Program is terminated and all points not yet redeemed are forfeited. In addition, points are forfeited at the 12-month point expiration or for any violation of these terms. You have no property or other legal right in any points including, but not limited to, the points forfeited as a result of account, Program closure, point expiration, or for violation of these Terms.

Section 4: Redeeming Points

General Information

All rewards are subject to availability. Cool E Fitness may withdraw, change, or replace specific rewards items or change the number of points and/or the amount of cash required for rewards at any time, for any or no reason, without notice to You. We do not guarantee that any specific reward will be available for any particular length of time.

Points can only be redeemed by the Member(s) who is/are financially responsible for the Membership of Cool E Fitness. Additional Members or others using the Account of a Member may not redeem points.

All point redemptions are final. To redeem points for all redemption options, You must log on to www.coolefitness.com or call the Cool E Fitness Customer Center at (385) 212 – 4253 during normal business hours, 8 a.m. to 5 p.m. Mountain Standard Time Monday through Friday.

Restrictions on delivery of rewards items outside the continental 48 United States, and the District of Columbia, or to APO, FPO, or PO boxes vary by reward and Supplier, will be disclosed at the time of reward redemption, and also may be found by calling the Cool E Fitness Customer Center. Merchandise items will normally be drop-shipped and delivered within eight Weeks, though Cool E Fitness does not guarantee delivery times. All other reward items, excluding cash reward statement credit redemptions and virtual gift certificates, will normally be delivered within two to four weeks. All rewards (excluding cash reward statement, credit, and virtual gift certificates) will be delivered via first-class U.S. mail or via private delivery service as determined by the Cool E Fitness Customer Center in its sole discretion. If You request expedited or rush shipment of any reward(s) order, including airline tickets, You will be assessed the additional shipping fee which will be charged to Your account. If You select an alternate shipping address for delivery of the reward(s), an alternate shipping address notification will be mailed to the account address.

Cool E Fitness and their respective Affiliates, are not responsible for replacement of lost, stolen, or damaged documents, airline tickets, vouchers, gift cards, activity tickets, passes, or certificates.

Cool E Fitness reserves the right to substitute comparable Suppliers without notice based on availability.

Rewards are not redeemable for cash and are void if sold for cash or other consideration, if altered, photocopied, or reproduced.

Except as otherwise provided in these Terms, points and rewards have no cash value.

Any tax liability, including applicable state sales tax and state and federal disclosures, connected with receipt or use of a reward is Your or the reward recipient’s responsibility.

Combining Points for Redemption

Combining points is not allowed for any Member of Cool E Fitness.

Cash Rewards

Points may be redeemed for an eligible cash reward option listed on the redemption grid.

Reward Gift Cards/Certificates/eCertificates

Reward gift cards/certificates are not replaceable if lost, stolen, destroyed, or expired and are non-returnable.

Reward gift cards/certificates will not be extended beyond the gift card/certificate expiration date, if any.

Blackout dates may apply to reward gift cards /certificates.

Complete terms and conditions vary according to the type of reward gift card/certificate and are available by calling the Cool E Fitness Customer Center at (385) 212 – 4253.

Cool E Fitness Visa® Gift Card

Complete terms and conditions as well as current fee information for the Visa Gift Cards are available at www.wellsfargo.com/giftcard.

A Visa Gift Card can be replaced or reissued for a fee. Other fees may apply.

Merchandise

Merchandise items are non-returnable. In the event Merchandise is damaged, defective or mis-shipped it is Your responsibility to contact the Vendor to schedule a return, replacement, or any other service needed. It is not the responsibility of Cool E Fitness to act as a liaison between the Vendor and You. Call the Cool E Fitness Customer Center, (385) 212 – 4253, prior to returning the defective merchandise, so that We may assist You in contacting the Vendor.

Merchandise pictures may not reflect the exact color or manufacturer model of the items.

Charitable Contributions/Donations and Renewable Energy Certificates

Participating charities and renewable energy companies are subject to change at any time, for any or no reason, without notice to You. Cool E Fitness may discontinue its relationship with any charity or renewable energy company, at any time, without notice.

Consult Your tax advisor regarding whether Your redemption of points towards a charitable contribution/donation and/or renewable energy certificate is tax deductible.

All points redeemed for charitable contributions/donations or towards renewable energy are final. Points cannot be returned.

Privacy Policy

Welcome to Cooley Collective, LLC, (collectively known as “Cooley Collective” or “Us” or “We” or “Our”). We have created this privacy policy as an effort to protect Your privacy. With this document We intend to disclose any and all dissemination practices as well as Our information-gathering processes. This privacy policy is here to tell You about, among other things, the information Cooley Collective collects through any of Our Web sites, including, but not limited to, CooleyCollective.com, Coolefitness.com and CooleCooking.com, and through other means, how We Use that information, how You can opt out of certain uses of the information We collect, and how Cooley Collective can make changes to this privacy policy. Please let Us know if You have any questions regarding this privacy policy by contacting Us at info@coolefitness.com.

Children’s privacy

Cool E Fitness and its affiliates value the protection of Children. We do not willingly or knowingly collect information, personal or other, from children under the age of 13. In the event Our Company learns of an incident where We have inadvertently obtain personal information from a child under 13, We will remove that information from Our systems.

What information does Cooley Collective collect?

By collecting personal information, We strive to give You the best experience possible. Your personal information will never be sold. We use Your information to adapt Your Rewards to help You reach ultimate fitness levels. Our sites are able to be used without giving any personal information, but by becoming a Member, You are not anonymous to Us.

Cool E Fitness collects two types of information, personal and non-personal. Every time You visit Our Website, information about what browser You are using, if You are using a table, mobile phone or desk top, IP and other information (non-personal) is sent to Us. Your personal information (name, height, Weight, address, phone etc. . .) is given to Us once You activate Your Membership and fill out Your profile or connect any external media sources with Our system.

Personal Information:

We specifically request personal information from You at certain points on and off Our Web site(s). For example, when You sign up for Our newsletter, subscribe to Our Web site(s), or when You purchase an item or service, We collect personal information to complete the transaction. This information may include, without limitation, Your name, shipping and billing addresses, telephone number, email address, and credit card information. From time to time, We may also request personal information about You and Your interests in surveys, contest entry forms, or in other ways. You may always choose not to provide Us with Your personal information; however, this may limit Our ability to provide You with a specific product or service, or to offer You personalized content.

Non-personal Information:

When You visit Our Web site(s) We also collect non-personal information. Your IP address is considered non-personal information. This type of information helps Us understand what type of device You are using and where the system You are on is located or what internet service provider You are using. Another example of non-person information is the URL that brought You to Our Website. We like to know what brought You to Our Website, so it is important for Us to be able to see who is spreading the word about what We are doing, among other things.

Information We Obtain from Other Sources:

We may collect information about You from other sources, including through interactive applications (such as mobile devices/applications and third-party services) and from commercially available sources (such as data aggregators and public databases). For example, if You access third-party services (such as Facebook Connect) through or in connection with Our Web site(s), We collect information available about You through those services, including, but not limited to, Personal Information as well as publicly observable data, such as activities on blogs, videos, and other online postings.

Use of Cookies:

We also Use a feature of Your browser called a cookie to assign identification to Your computer. The unique User ID contained within Your cookie automatically identifies Your computer—but not You—to Our servers every time You visit Our Web site(s). Cookies by themselves cannot be used to find out the identity of any user, but may be correlated with identity information in Our log files. You can turn off the cookie feature by using Your browser preference options, but You may not be able to utilize some services properly. Current versions of many Web browsers offer enhanced user controls for the placement and duration of cookies. Search for “cookies” under Your Web browser’s Help menu for more information on the cookie management features available to You.

Use of Pixel Tags:

We also collect information through the use of “pixel tags” included in email messages We may send to You. Pixel tags, also known as “Web beacons,” are tiny graphic files, not visible to the human eye, that are included in HTML-encoded email messages. When such a message is opened in an HTML-capable email program, the recipient’s computer will access Our server to retrieve the pixel tag file, allowing Us to record and store, along with the recipient’s email address, the date and time the recipient viewed the email message, the fact that the recipient’s email program is capable of receiving HTML-encoded email, and other standard logging information. The pixel tag may also see or read cookies. Cooley Collective may use pixel tags in order to measure and understand traffic better, to track visitor behavior to improve user experience, and for tracking promotional and marketing campaign response, among others. You can disable the pixel tag feature by changing Your browser settings to omit images and disable Javascript; or there are commercial software packages available that can omit pixel tags and most advertisements.

How does Cooley Collective use or disclose the information it collects?

Cooley Collective’s use of Personal Information and Nonpersonal Information

We use Your personal information to process Your requests and to improve Our business, including, but not limited to, improving the features of Our Web site(s), and to communicate with You. We may also Use Your personal information to personalize Our Web site(s), to target advertising or promotions that may be of interest to You, to conduct business in any manner that We, in Our sole discretion, deem appropriate, and to analyze aggregate user data in order to improve Our services. On occasion, We may also contact You about Cooley Collective’s or any of its business units’ or partners’ products or services that We think You will find useful. We might also contact You to see if You are interested in participating in market research regarding Cooley Collective. For information about opting out of such communications, please see Our Opt-Out Policy section below.

Co-Branded Offers:

In arranging to have marketing and promotional information of certain companies or businesses with whom Cooley Collective may have formed a strategic alliance (“Affiliated Companies”), We may disclose to the Affiliated Companies Your personal information, including, but not limited to, Your shipping address, name, and contact information. If You do not want to Us to disclose Your personal information to the Affiliated Companies, please refer to the Opt-Out Policy below.

Cookies (again):

We may use cookie and IP address information to count and track Web site visits in the aggregate, to personalize the Web site(s) for each unique user, to control the frequency of individual advertisements to individual computers, and to target advertisements and promotions to broad demographic segments. We may also Use IP addresses to help diagnose problems with Our server, and to administer Our Web site(s).

Customer Service Issues and Contacts:

We may use Your personal information to contact You in response to customer service complaints You have submitted, to address a problem affecting Your use of a product or service, or to verify information concerning a transaction.

Transaction Processing:

When You make a purchase, We may need to provide personal information, including information such as Your shipping address, billing information, telephone number, and credit card information, to third parties, including product manufacturers and shipping companies, as necessary solely to complete the transaction.

Legal Requirements:

We may, in Our sole discretion, disclose personal information to law enforcement, other entities, or third parties as required by law or to protect Our rights or the rights of others, to prevent harm to persons or property, to fight fraud, identity theft, or otherwise to comply with the law or legal process, to respond to claims, to protect Our systems and customers, to ensure the integrity and operation of Our business and systems, or to protect the rights, property, or safety of Cooley Collective and its employees or others.

Business and Accounting Disclosures:

We may also disclose non-identifying transaction information to third parties for the purpose of accounting and record keeping. We may also disclose aggregate user data or non-personal information in order to describe Our services to prospective business partners, advertisers, and others, but will do so only in a form that does not identify individual users.

Third-Party Tools/Services:

At various points and pages on Our Web site(s), You may be able to access or utilize tools and/or services offered by or in conjunction with third parties, including tools and services in connection with third-party “social media” and other sites that would allow personal information to be transferred to such third parties (for example, Facebook Connect). These third parties have separate data collection and privacy practices independent from ours, and thus Cooley Collective cannot be responsible for their policies or activities. Please contact those third parties directly if You have questions about their privacy policies.

Other Disclosures:

Occasionally, We may disclose personal information in other circumstances, but We will only do this if We have explained at the time why We collect the information and the purpose for which it will be disclosed.

Opt-Out Policy

You may opt out of receiving communication from Us, from Affiliated Companies, or from other third parties by emailing Us at: info@coolefitness.com.

In addition, when We contact You via email, We may include instructions to enable You to unsubscribe from future emails if You so choose. You agree and understand that while We will do Our best to comply with Your request, We shall not be liable for any problems or delays associated with the opt-out process.

Security

Cooley Collective Uses industry-standard security measures to protect the loss, misuse, and alteration of the information under Our control, and We make good-faith efforts to store Your personal information in a secure operating environment. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while We strive to protect Your personal information. We cannot ensure or warrant the security of any information You transmit to Us or Our online products or services and You do so at Your own risk.

Other Web Sites; Links

On Our Web site(s) and in communication with You, We may include links or referrals to businesses and Web sites operated by Our business partners, affiliates, advertisers, and others. These third parties have separate data collection and privacy practices independent from ours, and thus Cooley Collective cannot be responsible for their policies or activities. Please contact those third parties directly if You have questions about their privacy policies.

Community Center/Community Chat Rooms/Message Boards

Our Web site(s) includes online forums, chat rooms, message boards, and other interactive technologies that allow comments, messages, emails, and postings to be associated with a user’s name or email address. Any information You post is public information, and Cooley Collective cannot control what use third parties may make of this personal information.

All of these forums are public. Please consider this before You post.

Users Based Outside of the USA

Like almost every Web site and business, Cool E Fitness and its Web site(s) may be accessed by an international audience. By visiting any of Our Web site(s) and providing Us with data, You acknowledge and agree that Your personal information may be processed for the purposes identified in this policy. In addition, such data may be stored on servers located in the United States of America or otherwise outside Your resident jurisdiction; such jurisdictions may have less stringent privacy practices than Your own. By providing Us with Your data, You consent to the transfer of such data. At this time only U.S. based Members can participate in the reward program.

What happens to my information if Cooley Collective is sold to or merges with another company?

It is possible that Cool E Fitness and/or any of Our assets may be acquired by an unrelated third party. In such a transaction, as the owner of this customer information, We may disclose or sell the information as an asset of the company in conjunction with the sale of Our company or the sale of a portion of Our assets to a third party. While We will endeavor to require the successor company to maintain this privacy policy, We cannot guarantee that Our policy will remain in effect.

Changes to This Policy

This policy may change from time to time. If We make any substantive changes to the policy in the future with regard to how We use Your information, We will post those changes on Our Web site(s) in this location together with the date of the last update. Your continued business relationship or use of the Web site(s) after the changes are posted constitutes Your agreement to the changes, both with regard to information We have previously collected from You and with regard to information We collect from You in the future. If You do not agree to the changes, please discontinue Your use of Our Web site(s) or business relationship with Us.

Contacting Cooley Collective

Please feel free to share any comments and concerns with Us. If You have any questions about this privacy policy or the practices of this Web site, please contact:

Email Us: info@coolefitness.com

Disclaimer

It is important to note that while CoolEFitness tries to give You the most updated information based on evidence based practices, it is not Our intent to present everything as fact. Many of the opinions stated in the articles are based on either anecdotal or scientifically researched evidence of the condition or topic being discussed.

All workout videos or written workouts are original in nature or CoolEFitness has requested the permission to host the information. The works are intended to be used as a reference for ideas or guides to follow. It is extremely important that if You, by doing any of the workouts We have (video or print), the reader/viewer, take full responsibility for any injuries or other issues that may arise while completing that exercise.

Contact Your physician prior to starting any workout program.

Thank you for Your continued support of CoolEFitness. We will continue to bring You awesome stuff as long as You stay awesome!

Terms of Use & Terms of Condition of Sale

PLEASE CAREFULLY READ THESE TERMS OF USE AND TERMS AND CONDITIONS OF SALE (collectively with any amendments hereto, “TERMS AND CONDITIONS”). BY USING THIS WEB SITE OR ANY WEB SITE OF COOLEY COLLECTIVE, LLC, AND/OR PLACING AN ORDER FOR COOLEY COLLECTIVE, LLC’S, PRODUCTS OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ANY AMENDMENTS THERETO, AND AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE AND ELIGIBLE TO USE THIS SITE AND PLACE AN ORDER FOR COOLEY COLLECTIVE’S PRODUCTS AND SERVICES.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE OR ORDER OR USE COOLEY COLLECTIVE’S PRODUCTS OR SERVICES.

Welcome to the Web site of Cooley Collective, LLC, and its related sites, including, but not limited to, CooleyCollective.com, CoolEFitness.com, and CoolECooking.com, among others (the “Site”) (collectively with Product Partners, LLC, Cooley Collective, and its wholly owned business units, including Cooley Collective, are referred to herein as “Cooley Collective,” “Us,” or “We”). These Terms and Conditions govern and apply to Your (“You” or “Your”) access to and use of this Site and its related domains on which this document appears, any order You place through any of the Cooley Collective Web sites, and—as applicable—Your use of other products or services of Cooley Collective. You must read these Terms and Conditions carefully before placing an order, or using the Site. By using the Site, and/or placing an order through the Site, You confirm that You have read, understood, and agree to these Terms and Conditions in their entirety. If You do not agree to these Terms and Conditions in their entirety, You must not order any product or service or otherwise use the Site. The Terms and Conditions may be changed in the future without further notice, however we will do our best to notify you of changes either by email or some other actionable notification system. Your continued use of the Site and/or other products or services of Cooley Collective after any such changes constitutes Your acceptance of the new Terms and Conditions. These Terms and Conditions apply to Your access to, and use of, the Site, any order You place through any of the Cooley Collective Web sites, and to all products and services We supply, produce, distribute, or market. If You register for Our Support Center features, including, but not limited to, Cooley Collective additional rules, policies, and disclaimers may apply. If You order a product or service through the Site, these Terms of Use will also apply.

User Conduct

You must only use the Site for lawful purposes, and You must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Site. You may not without Our prior written consent:

In using the Site, You further agree:

In addition, You agree that You will comply with all applicable local, national, and international laws and regulations that relate to Your use of or activities on this Site. You may use this Site only for Your own personal, lawful, non-commercial purposes. As a condition to Your use of this Site, You represent and warrant that You will not use this Site or any of the Content in violation of any applicable law, in connection with any commercial or “for profit” enterprise, or in any other manner that would conflict with these Terms and Conditions.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by You or any other User of the Site. We have the right to remove any material or posting You make on the Site if, in Our opinion, such material does not comply with the content standards set out in these Terms and Conditions.

Privacy Policy

Users of this Site and/or other products or services of Cooley Collective should refer to Cooley Collective’s privacy policy for information about how Cooley Collective uses and collects information. You agree that Cooley Collective may disclose Your personal information to a third party if Cooley Collective believes in good faith that the law or legal process requires it, to protect the rights or property of Cooley Collective or others, or as otherwise described in the privacy policy .

Downloaded Content

If any portion of this Site enables You to download any Content, You may download one (1) copy of that Content for use on a single computer (“Downloaded Content”), provided that Your use of the Downloaded Content complies with these Terms and Conditions. If the Downloaded Content contains additional terms and conditions, then Your use of that Downloaded Content will be governed by the provisions of those additional terms and conditions, as well as by these Terms and Conditions. The installation or use by You of any Downloaded Content that includes additional terms and conditions will constitute Your acceptance of those additional terms and conditions.

You may not copy, reproduce, publish, distribute, display, or otherwise transfer, or modify, adapt, perform, license, sell, or create derivative works from, or decompile, disassemble, or otherwise reverse engineer, any Downloaded Content, without the express written consent of the owner of the Downloaded Content. For example, and without limiting the foregoing, You may not remove or modify any copyright, trademark, or other proprietary notice displayed on any Downloaded Content, nor may You transmit or otherwise transfer any Downloaded Content to any other computer, server, Web site, or other medium for mass distribution or for use in any commercial enterprise.

Content uploaded to the Site

In the event that You upload any photographs, comments, video clips, or other media to the Site (the “Uploaded Content”), by Your submission You give Cooley Collective the exclusive right to use any and all such elements of the Uploaded Content in connection with and/or as part of its bUsiness, including in connection with and/or in any advertising in any and all media, including, without limitation, product packaging, printed publications, presentations, promotional materials, events and associated marketing materials, television and cinema commercials, videos, or Web sites, in perpetuity throughout the world as Cooley Collective in its sole discretion sees fit without further consent or payment. Cooley Collective has all right, title, and interest in any and all results and proceeds from such use of the Uploaded Content. Cooley Collective has the right to transfer the aforementioned rights to use the Uploaded Content to any third party, including, but not limited to, any of its subsidiaries or affiliated companies. Cooley Collective may alter, adapt, or edit the Uploaded Content and any further material created under these Terms and Conditions, and market and exploit it entirely at Cooley Collective’s sole discretion. Cooley Collective is not obliged to make any use of the Uploaded Content or exercise any of the rights granted by these Terms and Conditions.

Users of the Site must only post Uploaded Content that is owned by, and features, themselves, and no other third parties.

Changes to the Site

Cooley Collective may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Site or any products available through or outside of the Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to You, and You agree that Cooley Collective shall not be liable therefore.

Linked Sites

Cooley Collective makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of Cooley Collective, and Cooley Collective is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. The inclusion of any link does not imply affiliation, endorsement, or adoption by Cooley Collective of the site or any information contained therein. When leaving the Site, You should be aware that Cooley Collective’s Terms and Conditions and policies no longer govern, and therefore You should review the applicable terms and policies, including privacy and data-gathering practices, of that site.

Copyright and Trademarks

All Site materials, including, without limitation, the Product Partners, CooleyCollective.com, CoolEFitness.com, and CoolECooking.com, and all Cooley Collective product logos, design, text, graphics, software, other files, and the selection and arrangement thereof (the “Content”) are Copyright © 2011-13 Cooley Collective, LLC. ALL RIGHTS RESERVED. Cooley Collective or its suppliers or licensors own and retain other proprietary rights in all products available through the Site. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Cooley Collective or the respective copyright owner. You may not, without the express written permission of Cooley Collective or the respective copyright owner, (a) copy, publish, or post any materials on any computer network or broadcast or publications media; (b) modify the materials; or (c) remove or alter any copyright or other proprietary notices contained in the materials. You also may not (a) sell, resell, or make commercial use of the Site, its content, or services or products obtained through the Site; (b) collect and use of any product listings or descriptions; (c) make derivative uses of the Site or its Content; or (d) use of any data mining, robots, or similar data gathering and extraction methods. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of Cooley Collective or any third party.

Trademarks: Together with other logos and product names described on this Site, the following are trademarks or registered trademarks of Product Partners, LLC/Cooley Collective, LLC, in the United States and other countries: Product Partners, Cooley Collective, CooleyCollective.com, CoolEFitness.com, and CoolECooking.com. These trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of Cooley Collective or the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Cooley Collective, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Cooley Collective. Other names and brands may be claimed as the property of others.

Copyright Policy and Copyright Agent

It is Cooley Collective’s policy to respect the copyright and intellectual property rights of others. Cooley Collective may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Cooley Collective may terminate access by Users who appear to infringe the copyright or other intellectual property rights of others. Further, Cooley Collective complies with the Digital Millennium Copyright Act.

If You believe that Cooley Collective or any User of Our Site has infringed Your copyright in any material way, please notify Cooley Collective, and provide the following:

Please direct inquiries regarding intellectual property infringement issues by email to info@coolefitness.com.

Indemnification

You agree to indemnify and hold harmless Cooley Collective, its parents, subsidiaries, shareholders, officers, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to Your use of the Site, Your violation of these Terms and Conditions, or Your violation of any rights of a third party.

Product Information

For questions about the products or services on this Site, please use the Contact Us links found on each product page or section. For questions about orders placed through the Site or otherwise, please use the contact us.

Our Guarantee

Unless stated otherwise, all Cooley Collective products/services on the Site are final. If You choose to return any products to Us, We will not be responsible for any loss or damage to them in transit. If returned products are lost or damaged in transit, We reserve the right to charge You (or not to refund any amounts attributable to) such loss or damage. Should You experience any difficulty or delay in returning a product and securing the proper refund, please contact us.

Product and Service Descriptions

We have taken reasonable precautions to try to ensure that prices quoted on the Site are correct and that all products have been fairly described. However, when ordering products or services through the Site, please note that:

Order and Payment Information

If You use the Site or other means to purchase a product, payment must be received by Cooley Collective prior to Cooley Collective’s acceptance of an order, unless otherwise agreed by Cooley Collective. Cooley Collective may need to verify information You provide before Cooley Collective accepts an order, and may cancel or limit an order any time after it has been placed. If payment has already been made and Your order is cancelled or limited, Cooley Collective will refund any payment You made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. Cooley Collective expressly conditions its acceptance of Your order on Your agreement to these Terms and Conditions.

In ordering products through the Site or otherwise, You agree to provide only true, accurate, current, and complete information. You hereby certify that any email account You provide to Cooley Collective is registered to You. Cooley Collective shall have the right to bar Your access to and use of the Site or its other products or services if it has reasonable grounds to believe that You have provided untrue, inaccurate, not current, or incomplete information to Cooley Collective, or for any other reason it, in its sole discretion, deems appropriate. You agree that Your placement of an electronic order on the Site is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.

Cooley Collective will reject orders where the stated delivery address is outside the United States and Canada. Cooley Collective will add applicable shipping and handling fees.

Cooley Collective reserves the right without prior notice to discontinue or change specifications and prices on products offered on and outside of the Site without incurring any obligation to You.

Cooley Collective’s descriptions of, or references to, products not owned by Cooley Collective on and outside of the Site do not imply endorsement of that product, or constitute a warranty, by Cooley Collective.

Shipping

Unless otherwise noted, Cooley Collective will use its best efforts to ship products within four weeks of the receipt of a properly completed order. However, any delivery or shipment date provided by Cooley Collective to You is Cooley Collective’s good-faith estimate. You understand that product availability may be limited and particular products may not be available for immediate delivery. Cooley Collective shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. Cooley Collective cannot ship to P.O. boxes.

Automatic Renewal

With regards to any product made available to You on a monthly (or other period) subscription as sold through the Site or otherwise (including any free trial product) (the “Product”), the default term of Our agreement shall be for so long as We make the Product available to You. IF YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED (AND CHARGED TO THE ACCOUNT YOU HAVE PROVIDED) FOR ANOTHER TERM AT THE EXPIRATION OF YOUR CURRENT TERM, WHENEVER LOCAL REGULATIONS ALLOW, FOR A FEE NO GREATER THAN OUR THEN-CURRENT PRICE, EXCLUDING PROMOTIONAL AND DISCOUNT PRICING.

The new term will be for the same duration as the expired term unless otherwise specified at time of renewal. This renewal will be processed (and Your card charged) within 30 days prior to the expiration of the term and each period thereafter. IF YOU DO NOT DESIRE TO HAVE YOUR SUBSCRIPTION AUTOMATICALLY RENEWED, YOU MUST, PRIOR TO THE EXPIRATION OF YOUR SUBSCRIPTION TERM, INFORM US OF YOUR INTENTION NOT TO RENEW YOUR SUBSCRIPTION TO THE PRODUCT.

You must provide current, complete, and accurate information for Your billing account. You are responsible for ensuring this information is correct and must promptly update all information to keep Your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify Us if Your credit card is cancelled (for example, for loss or theft). Changes to such information can be made by contacting Customer Service.

We reserve the right to refuse or discontinue the supply of the Product to any User at any time at Our sole discretion.

Warranties

CERTAIN WARRANTIES WITH RESPECT TO PARTICULAR PRODUCTS FOR SALE ON OR OUTSIDE THE SITE MAY BE APPLICABLE THROUGH MANUFACTURERS’ WARRANTIES THOUGH NOT THROUGH COOLEY COLLECTIVE. SEE THE WARRANTIES INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS FOR FURTHER DETAILS REGARDING WARRANTIES PROVIDED BY MANUFACTURERS OF PRODUCTS AVAILABLE THROUGH OR OUTSIDE THE SITE.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND OTHER PRODUCTS AND SERVICES OF COOLEY COLLECTIVE IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT AND OTHERWISE ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.

YOU ACKNOWLEDGE THAT COOLEY COLLECTIVE DOES NOT CONTROL, IN ANY RESPECT, ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO COOLEY COLLECTIVE FROM THIRD PARTIES. EXCEPT AS OTHERWISE AGREED IN WRITING, COOLEY COLLECTIVE AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF CONTENT OR PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH OR OUTSIDE OF THIS SITE. NOR DOES COOLEY COLLECTIVE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, ANY PRODUCTS OR SERVICES OFFERED OR SOLD THROUGH THE SITE, OR ITS CONTENT.

ALTHOUGH COOLEY COLLECTIVE STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, COOLEY COLLECTIVE DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, COOLEY COLLECTIVE DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.

COOLEY COLLECTIVE DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED. TO THE EXTENT ALLOWED BY LAW, COOLEY COLLECTIVE DISCLAIMS ALL WARRANTIES NOT EXPLICITLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

The terms of this section survive any termination of the Terms and Conditions.

Limitations on Liability

WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND TERMS (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY LAW.

IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL COOLEY COLLECTIVE OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITE; (II) THE USE OR INABILITY TO USE THIS SITE; (III) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE SITE; (IV) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITE OR OTHERWISE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VII) OTHERWISE UNDER THIS AGREEMENT/TERMS AND CONDITIONS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF COOLEY COLLECTIVE OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COOLEY COLLECTIVE’S LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST 90 DAYS TO COOLEY COLLECTIVE FOR ANY PRODUCTS SUPPLIED BY COOLEY COLLECTIVE THROUGH YOUR USE OF THE SITE OR OTHERWISE.

COOLEY COLLECTIVE WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS AND CONDITIONS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.

THESE EXCLUSIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAW OF THE UNITED STATES OF AMERICA. IF ANY PROVISION OF THESE DISCLAIMERS AND EXCLUSIONS SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE THEN THAT PROVISION SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS.

If, notwithstanding the foregoing, Cooley Collective or any third party provider or distributor should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or Uses of this Site or its content, as described herein, the liability of Cooley Collective and the third party providers and distributors shall in no event exceed, in the aggregate, the greater of (a) the subscription fee and service charge for accessing this site or (b) $100.00 (US).

The terms of this section survive any termination of the Terms and Conditions.

Indemnification

You shall defend and indemnify Cooley Collective and any third party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on Your behalf in excess of the liability described herein or by third parties as a result of Your use of this site.

The terms of this section survive any termination of the Terms and Conditions.

International Users

This Site is controlled, operated, and administered by Cooley Collective from its offices within the United States of America. Cooley Collective makes no representation that materials on the Site are appropriate or available for use at other locations outside of the United States, and access to them from territories where the contents or products available through the Site are illegal is prohibited. You may not Use the Site or export the content or products in violation of U.S. export laws and regulations. If You access this Site from a location outside of the United States, You are responsible for compliance with all local laws.

Termination

Notwithstanding any of these Terms and Conditions, Cooley Collective reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate Your ability to Use the Site and to block or prevent future access to and Use of the Site. You agree that Cooley Collective shall not be liable for any termination of Your Use of or access to the Site.

Third-party rights

Only You and Cooley Collective shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions.

Severability

If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

The terms of this section survive any termination of the Terms and Conditions.

Language

It is the express intent of the parties that the Terms and Conditions and all related documents have been drawn up in English.

Applicable Law and Venue

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Utah, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Terms and Conditions or Your Use of the Site shall be filed only in the District Court of Salt Lake City, Utah, or the United States District Court for the Central District of Utah, and except as stated herein You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of the Terms and Conditions. Notwithstanding the above, any controversy or claim related to this Agreement shall be resolved exclusively by arbitration in accordance with the Federal Arbitration Act (Title 9, U. S. Code) (the “Act”). The Act will apply even though this Agreement provides that it is governed by the laws of Utah. Arbitration proceedings will be determined in accordance with the Act, and discovery in said arbitration shall be limited in scope to the specifics of liability on the Claim, and any discovery related to damages calculations or any financials shall be withheld until after liability has been decided by the arbitrator(s). The arbitration shall be conducted in Salt Lake City, Utah. All Claims shall be determined by one arbitrator; however, if Claims exceed Fifty Thousand Dollars, upon the request of either Cooley Collective or You, the Claims shall be decided by three arbitrators. All arbitration hearings shall commence within ninety (90) days of the demand for arbitration and close within ninety (90) days of commencement and the award of the arbitrator(s) shall be issued within thirty (30) days of the close of the hearing. However, the arbitrator(s), upon a showing of good cause, may extend the commencement of the hearing for up to an additional sixty (60) days. The arbitrator(s) shall provide a concise written statement of reasons for the award. The arbitration award may be submitted to any court having jurisdiction to be confirmed and enforced. The arbitrator(s) will have the authority to decide whether any Claim is barred by the statute of limitations and, if so, to dismiss the arbitration on that basis. For purposes of the application of the statute of limitations, the service on either party of a demand for arbitration is the equivalent of the filing of a lawsuit. Any dispute concerning this arbitration provision or whether a Claim is arbitrable shall be determined by the arbitrator(s). The arbitrator(s) shall have the power to award legal fees pursuant to the terms of this Agreement. This paragraph does not limit the right of Cooley Collective to: (i) exercise self-help remedies, such as, but not limited to, setoff; (ii) initiate judicial or non-judicial foreclosure against any real or personal property collateral; (iii) exercise any judicial or power of sale rights, or (iv) act in a court of law to obtain an interim remedy, such as, but not limited to, injunctive relief, writ of possession or appointment of a receiver, or additional or supplementary remedies. The prevailing party in any action or arbitration related to these Terms and Conditions shall be entitled to its reasonable attorney fees and costs.

The terms of this section survive any termination of the Terms and Conditions.

General

The Terms and Conditions constitute the entire agreement between Cooley Collective and You with respect to Your Use of the Site, Your purchase of products and services through the site, and as applicable any products or services of Cooley Collective. Any cause of action You may have with respect to the Site or Cooley Collective’s products or services must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. Any failure by Cooley Collective to enforce or exercise any provision of the Terms and Conditions or related right shall not constitute a waiver of that right or provision. The section titles Used in the Terms and Conditions are purely for convenience and carry with them no legal or contractual effect. Nothing in these Terms and Conditions will be construed as creating a joint venture, partnership, employment, or agency relationship between You and Cooley Collective, and You do not have any authority to create any obligation or make any representation on Cooley Collective’s behalf. You may not assign or transfer any rights or obligations of these Terms and Conditions, by operation of law or otherwise, without Cooley Collective’s written consent. Subject to the foregoing, these Terms and Conditions will be binding on, inure to the benefit of, and be enforceable against You and Cooley Collective and their respective successors and assigns.

The terms of this section survive any termination of the Terms and Conditions.

Other important terms

We may update or amend these Terms and Conditions from time to time to comply with law or to meet Our changing business requirements without notice to You. Any updates or amendments will be posted on the Site. The Terms and Conditions displayed on the Web site at the time the order is accepted will apply to the order.

These Terms and Conditions supersede any other terms and conditions previously published by Us and any other representations or statements made by Us to You, whether oral, written, or otherwise. We may assign, transfer, or sub-contract any of Our rights or obligations under these Terms and Conditions to any third party at Our discretion. No delay by Us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect Our ability to subsequently exercise that right or remedy. Any waiver mUst be agreed by Us in writing.

Refund Policy

The following Refund Policy applies to all paid Cool E fitness Subscription Memberships.

All Memberships are bound by the Terms of Use for the Coolefitness.com site.

IMPORTANT NOTE: Subscription Fees will not be refunded if the Membership has been canceled due to a violation of the Terms and Conditions.

Monthly Subscription

Monthly Subscription fees are non-refundable and are charged automatically on each renewal date (i.e. monthly) until You cancel. You may cancel at any time during the month. Upon cancellation, Your subscription will expire 30 days from the last payment. Any amounts paid prior to Your cancellation are not refundable. To cancel Your monthly subscription login to Your account and go to You Profile.

Recurring (auto-renewing) Subscriptions

By choosing the recurring subscription, You will automatically be charged on Your subscription renewal date. You may cancel Your recurring Membership at any time, subject to the 30-day refund policy above. You will remain a Member until Your paid subscription term ends.

For self-service Membership subscription changes, please login to coolefitness.com.

Additional Notes

Recurring payment systems run on a specific schedule. Please cancel Your Membership at least 24-hours before You expect Your renewal to take place to prevent un-wanted charges.

Using the self-service page to cancel Your subscription will NOT result in a refund. Any refund request must be sent to info@coolefitness.com.

Modification

Cool E fitness reserves the right to revise the terms of this Refund Policy. Any changes made will apply to all Memberships created or renewed after the date such change was implemented.

Photo and Image Release

By checking the box, signing a form, participating in a class, engaging with social media or by being a Member You have read the foregoing and fully understand the contents thereof.

I grant permission to Cool E Fitness and its agents or employees to Use photographs and/or video and audio taken of me. These images may be Used in educational and documentary materials such as Public Service Announcements, Grant Applications, Video Documentaries and both printed and online newsletters. Furthermore, I authorize the Use of my image, likeness, and voice for all program promotion, materials, and any other purposes in connection with the program deemed appropriate and necessary by Cool E Fitness and its affiliates.

I hereby agree to release, defend, and hold harmless Cool E Fitness and its agents or employees, including any firm publishing and/or distributing the finished product in whole or in part, whether on paper, via electronic media, or on Web sites, from any claim, damages, or liability arising from or related to the Use of the photographs/video, including but not limited to any misuse, distortion, blurring, alteration, optical illusion, or Use in composite form, either intentionally or otherwise, that may occur or be produced in taking, processing, reduction, or production of the finished product, its publication, or distribution.

I fully understanding the contents, meaning, and impact of this release. I understand that I am free to address any specific questions regarding this release by submitting those questions in writing prior to signing, and I agree that my failure to do so will be interpreted as a free and knowledgeable acceptance of the terms of this release.

Effective: January 2013

Last Edited: July 2013