Terms of Use
Last Updated: July 18, 2008
These terms of use ("Terms of Use") govern your use of thewebworkout101.com website ("Site"), which is owned by Ryley Productions LLC ("Ryley Productions LLC", "we," or "us"). Please read these Terms of Use before you use this Site. By using this Site, you agree to abide by the terms of these Terms of Use. If you do not agree to these Terms of Use, then please do not use this Site. We may change the terms of these Terms of Use from time to time. By continuing to use this Site after we post any changes, you accept and agree to these Terms of Use, as modified. You must be at least 18 years old to join this Site.
Proprietary Rights
All materials on this Site, including, without limitation, names, logos, trademarks, images, text, columns, graphics, photographs, illustrations, artwork, software and other elements making up this Site (collectively, "Content") are protected by copyrights, trademarks and other intellectual property rights owned and controlled by us or by other parties that have licensed or otherwise provided their material to us. You acknowledge and agree that all Content on this Site is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Site, no Content may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without our prior express written permission. To request permission from us, send a written request to: Ryley Productions LLC Attention: ADMINISTRATION 24654 N. Lake Pleasant Pkwy., Suite 103-412 Peoria, AZ 85383 or send an e-mail to us at info@webworkout101. We cannot guarantee that we can accommodate your request, and our granting of your request may be conditioned on payment of a fee. You may not add, delete, distort, or otherwise modify the Content. Any unauthorized attempt to modify any Content, to defeat or circumvent our security features, or to utilize this Site or any part of the Content for any purpose other than its intended purposes is strictly prohibited.
Registration for Certain Features
If you elect to create an account in order to become a member of the Site and access and use certain features offered through this Site, you agree to: (a) provide true, accurate and complete information about yourself as prompted by the registration; and (b) maintain and promptly update your account information to keep it true, accurate, current and complete; and (c) not share, give or sell your password or user name to any other person or company. Excessive viewings or logins by any member will be construed by Webworkout101 as fraudulent use of services, which will result in the immediate cancellation of membership without refund. When applying for membership to the Site, you agree to take all actions possible to protect your username and password from fraudulent use.
If we have reasonable grounds to suspect that your account information is untrue, inaccurate or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of this Site (or any portion thereof). You acknowledge and agree that we may send you important information and notices regarding your account and this Site by e-mail or other means based on the information you provide to us. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate account information, including, but not limited to, your failure to receive critical information about this Site.
You are solely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Ryley Productions LLC immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Ryley Productions LLC or any other user of or visitor to this Site due to someone else using your user name, password or account.
In order to use certain features of this Site, you may be required to install or use equipment and software. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with the operation of this Site or any portion thereof. Any equipment or software causing interference shall be immediately disconnected and disabled, and we shall have the right to immediately terminate your right to use and access this Site. If any upgrade in or to this Site or any feature requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Sites, including the release of new products and services, shall be subject to the Terms of Use of this Agreement.
Ordering Products and Services
You may in certain instances be able to order certain Ryley Productions LLC products and services through this Site. All orders you make through this Site are subject to the availability, terms, and other conditions that apply to the particular products and services at the time you place your order. All products and services, their contents, availability, and pricing are subject to change at any time with or without notice. Please fully read the terms and disclaimers accompanying any products or services that you order through this Site.
Linked Sites
This Site may contain links to other web sites that are not controlled or maintained by us. A link to another website does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by Ryley Productions LLC. Orders to purchase any products or services from linked sites are subject to the terms and conditions governing that site and such transactions. Ryley Productions LLC is not a party to such transactions, notwithstanding that Ryley Productions LLC may benefit financially or otherwise from such transactions. You agree that Ryley Productions LLC will not be responsible for, and cannot the performance of, any products, services, content, advertising, privacy policies, or other materials on or available from such linked web sites. Use of these web sites is at your own risk. We encourage you to note when you leave this Site and to read the terms of use of such other web sites.
Submissions / Code of Conduct
Any notes, postings, ideas, suggestions, concepts, stories, photos or other material submitted through this Site via e-mail, on the message boards, in the chat rooms, or via any other means that we may create or provide in the future will become the sole and exclusive property of Ryley Productions LLC throughout the world and we shall be entitled (without compensation to you or any third party) to use such material in perpetuity in any form and manner in any media, whether now known or hereafter devised, and you will not have any claim against us with respect to such use. You agree that, in the event you make a submission to us (including, without limitation, any postings on our message boards or in our chat rooms): (i) your submission is original with you and accurate, (ii) your submission does not violate, and its use will not violate, the rights of any third party or any applicable law or ordinance, and (iii) your submission is not pornographic, obscene, indecent, profane, threatening, harassing, hateful, intimidating, abusive, defamatory, tortuous, fraudulent, or otherwise objectionable in any way, and does not encourage conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including any right of publicity, right of privacy or any other proprietary right of another. If it is determined that you have, at any time, violated any of the foregoing provisions, you may thereafter be barred from submitting or posting any further material on this Site or from using or accessing our message boards or chat rooms.
You agree not to (i) use this Site, the Content, or any products or services included on or available through this Site for any unlawful purpose, (ii) restrict or inhibit any other user from using and enjoying this Site, including by means of disrupting the normal flow of dialogue, causing a screen to "scroll" faster than other users of this Site are able to type, hacking or defacing any portion of this Site, introducing any virus, worm, Trojan Horse, Easter Egg, time bomb, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or otherwise acting in a manner that negatively affects other users' ability to engage in real time exchanges; (iii) post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication or engage in spamming or flooding; (iv) impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or (v) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of this Site or any Content on this Site.
We reserve the right, but undertake no duty, to review, edit, move or delete any material provided for display or placed on this Site, in our sole discretion.
Privacy
We are committed to respecting your privacy and protecting your personally identifiable information. Any information we may collect through your use of this Site is subject to our Privacy Statement.
Cookie Technology
The Site employs cookie technology to allow users to move more quickly through It. Cookies are small text files a web site can use to recognize repeat users and facilitate the user's ongoing access to and use of a site. Generally, cookies work by assigning a unique number to the user that has no meaning outside the assigning site. They do not come onto a user's system nor do they pose a threat to a user's files. However, if a user does not want information collected through the use of cookies, there is a simple procedure in most browsers that allows the user to deny or accept the cookie feature. Please note that cookies may be necessary to provide the user with certain features (for example, login-password) available on the Site.
Intellectual Property Infringement Claims
We will cooperate with any law enforcement authorities and comply with any judicial order requesting or directing us to disclose the identity of anyone uploading, downloading, or posting materials, or otherwise using this Site in violation of any applicable federal, state, or local laws.
We respect the intellectual property of others. If you believe that your work has been copied in any way without your permission, please provide the following information to our Agent to Receive Notification of Claimed Copyright Infringement identified below. Your notice must contain the following:
- An electronic or physical signature of the person authorized to act on behalf of the copyright owner whose work you claim has been infringed;
- A description of the work you claim has been infringed;
- Identification of the work you claim infringes the copyrighted work and a description of where it is located on this Site;
- Your address, telephone number and e-mail address;
- A statement by you that you have a good faith belief that the infringing use is not authorized by the copyright owner, the copyright owner's agent or by law; and
- A statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Agent to Receive Notification of Claimed Copyright Infringement can be reached as follows:
Martha A. Spikes
Spikes Lowrey, LLP
c/o Ryley Inc.
3 Bluecoat
Irvine, CA 92620
Health Disclaimer
This Site provides information relating to diet plans, weight loss, fitness plans, and exercise equipment, and is intended only to assist users in their personal diet and fitness efforts. Ryley Productions LLC is not a medical organization and our staff cannot give you medical advice or diagnosis. Nothing contained in this Site should be construed as such advice or diagnosis. The information provided by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment. You are urged and advised to seek the advice of a physician before beginning any diet or fitness routine, particularly if you are pregnant or have pre-existing health conditions.
Disclaimer of Warranties
THIS SITE IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, RYLEY PRODUCTIONS LLC DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SITE, FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THIS SITE, OR INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THIS SITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT RYLEY PRODUCTIONS LLC DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, SUCCESSFULNESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIALS ON THIS SITE, INCLUDING, WITHOUT LIMITATION, EXERCISE EQUIPMENT, DIETS AND FITNESS PLANS RECOMMENDED, DISCUSSED OR PORTRAYED ON THIS SITE. RYLEY PRODUCTIONS LLC DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. RYLEY PRODUCTIONS LLC DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
YOU UNDERSTAND AND AGREE THAT TO THE EXTENT ANY MATERIALS ARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE, THIS IS DONE 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 IN THE DOWNLOAD OF SUCH MATERIALS.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE, OR OUR SUBSIDIARIES, PARTNERS, VENDORS, AGENTS, AFFILIATES, LICENSORS, SPONSORS AND ADVERTISERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, REVENUE, OR BUSINESS INTERRUPTION, OR LOSS OF COMPUTER PROGRAMS OR DATA ARISING FROM (I) YOUR USE OF OR INABILITY TO USE THIS SITE, OR (II) CONTENT, PRODUCTS, AND/OR SERVICES RECEIVED THROUGH OR ADVERTISED ON THIS SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THIS SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THIS SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THIS SITE. THE LIMITATIONS SET FORTH ABOVE SHALL ALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of liability. Therefore, the above disclaimer of warranties and/or limitation of liability may not apply to you in its entirety.
Indemnification/Release
You agree to defend, indemnify and hold us, and our subsidiaries, partners, agents, affiliates, licensors, sponsors and advertisers and their respective officers, directors, shareholders, agents and representatives ("Released Parties") harmless from and against any and all claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys' fees) arising from your breach of any warranties, representations and agreements set forth in these Terms of Use, including, without limitation, your unauthorized use of any Content. By using this Site, or making any submissions to Ryley Productions LLC, whether or not through this Site, you are hereby agreeing to release the Released Parties from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to any products and services obtained or used through this Site or to any disputes regarding use of ideas and/or related materials submitted to Ryley Productions LLC.
YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES IN RELEVANT PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Employer, Health Plan, or Sponsoring Organization Subscription Offering
You may have been provided a Site membership from your employer, health plan, or sponsoring organization for a limited time period dependent upon the nature of the agreement your employer, health plan, or sponsoring organization has entered into with Ryley Productions LLC. Your membership is contingent upon these terms. In the event that you no longer are employed or receive services from your employer, health plan, or sponsoring organization, your Site membership may be terminated without notice. We will make attempts to contact you via e-mail or phone in case of this event and will offer you the opportunity to extend your Site membership on a consumer subscription basis.
MEMBERSHIP BILLING
One-month memberships are not billed monthly. All memberships automatically cancel upon there expiration date. There is no minimum obligation and members may cancel at any time. Membership must be canceled prior to the renewal date in order to end membership charges.
At times, special prepaid membership packages will be available for purchase. Special prepaid memberships will be recurring and will renew automatically on the expiry date. Membership must be canceled prior to the renewal date in order to end membership charges.
A 1 month membership can be changed to a 3 month or 6 month. Simply select the 3 month or 6 month option when you renew.
RETURNS AND REFUND POLICY (Memberships)
Viewing video and audio material on the site requires broadband access. Please review the system requirements to ensure that membership practices can be accessed before purchase.
Full refunds for purchases can be provided only within 10 days of purchase. No refunds will be made after 10 days of subscription purchases.
Miscellaneous
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California. You agree to submit to the exclusive jurisdiction of the courts located within Los Angeles, California. These Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be modified or eliminated to the minimum extent necessary and the remaining provisions shall be enforced. These Terms of Use constitute the entire agreement between the parties hereto, and supersede any other agreement, promise, or practice between the parties relating to the subject matter hereto. We reserve the right to terminate your access to and ability to use this Site (or any portion thereof), at any time (with or without notice). No waiver by either party of any right hereunder shall constitute a waiver of this or any other right.
Contacting Us
Questions regarding these Terms of Use, the Privacy Policy or any questions regarding your membership to the Site, should be directed to Ryley Productions LLC through one of the Contact Us forms you will find on this Site, or by sending an e-mail to: or by sending a notice by U.S. Mail to:
Ryley Productions LLC
c/o Webworkout101
24654 N. Lake Pleasant Pkwy.
Suite 103-412
Peoria, AZ 85383