The FIRM Believers Club TERMS OF SERVICE

Welcome! These are The FIRM Believers Club Terms of Service (“Terms of Service”). These Terms of Service are Additional Terms as set forth in the FIRMdirect.com Terms of Use, and form a legal agreement between you (together with any business, entity or organization you may be representing, “Member,” or “you”) and Gaiam Americas, Inc. (“Gaiam”), the owner of The FIRM Believers Club website (collectively, the “parties”). They govern your access to and use of The FIRM Believers Club services, including all resources, tools, products and services (collectively, the “Service” or “The FIRM Believers Club”).

1. Acknowledgments and Acceptance of Terms of Service
The Service is offered to you conditioned upon your acceptance without modification of these Terms of Service, the FIRMdirect.com Terms of Use (“Terms of Use”), the FIRMdirect.com Privacy Policy, as well as any other guidelines, rules or operating policies that FIRMdirect.com may establish and post from time to time, all of which are which are hereby incorporated by reference. By clicking the 'I accept these terms and conditions' button when purchasing the membership for The FIRM Believers Club, you accept these Terms of Service. If you do not agree to these Terms of Service, you may not subscribe to, use or access the Service.

You represent that you have attained the age of majority in the province, state or country in which you reside, and that you are capable of forming legally binding contracts under applicable law. Without limiting the foregoing, the Service is not available to individuals under the age of 18. If you do not qualify, you are not permitted to subscribe to or use the Service.

You are required to complete the registration form during the purchase process in order to use the Service. You agree to provide true, accurate, complete and up-to-date information about yourself as requested in The FIRM Believers Club registration form. You are responsible for maintaining the security of your FIRM Believers Club account (your “Account”), including your passwords and files.

You acknowledge that, from time to time, it may be necessary for Gaiam to update or revise certain provisions of these Terms of Service. Gaiam reserves the right to change the terms, conditions, and notices under which it offers the Service at any time and without notice, and reserves the right to (temporarily or permanently) discontinue, revise, modify or update any or all other aspects of the Service in its sole and absolute discretion, and Gaiam will not be liable to you or any third party for any such modification, suspension or discontinuation of the Service. Any such modifications will be deemed effective immediately upon posting of the modified terms. You are responsible for regularly reviewing these terms, conditions, and notices, and any new terms posted. The most current version of these Terms of Service may be reviewed at any time at http://www.firmdirect.com/firm/ecs/main/legalNotice.html.

If you do not agree to these Terms of Service, or any future changes made to these Terms of Service by Gaiam, your exclusive remedy is to cancel your FIRM Believers Club Account. Except as otherwise expressly provided herein, any new features, tools or products that change, augment, enhance or upgrade the current Service will be subject to these Terms of Service.

2. Description of Service
The FIRM Believers Club is a place to meet and talk with others concerning exercise, motivation and weight loss issues. All community sections of the site, including, but not limited to Message Boards, Chat Rooms, Profile Pages, Blogs and Auditoriums, are open to everyone who is a member of The FIRM Believers Club. Before joining the Service and participating in the exercise program described in the Service, we strongly recommend that you consult with a physician or other healthcare provider, and consider the information described in the section “Health and Medical Concerns” below.

3. Fees and Payment
Membership in and use of The FIRM Believers Club is subject to a monthly, quarterly or annual subscription fee. Subscription fees for the Service (“Fees”) will be billed monthly, quarterly or annually for the Service. Gaiam reserves the right to change or modify the fee schedule (including, without limitation, increasing prices and charging a fee for upgrades) at any time. Gaiam will strive to provide you with reasonable notice prior to making any fee changes or modifications.

Payment of the Fees will be made by a valid credit card accepted by Gaiam. If the monthly or annual payment option is selected or if you have previously provided your credit card for payment, you hereby authorize Gaiam to charge your credit card for such amounts on a regular monthly, quarterly, or annual basis beginning at the end of your free trial period, if applicable. If Gaiam is for any reason unable to effect automatic payment via your credit card, Gaiam will attempt to notify you via email and your Account will be disabled until payment is received. Fees paid for the Service are not refundable. You are responsible to notify Gaiam of any changes to your credit card information and to update your information if your credit card has expired. Gaiam may discontinue or otherwise interrupt your access to the Service if you fail to so notify Gaiam. All Fees will be payable in U.S. dollars.

All Fees are exclusive of all excise, sales, use, transfer and other taxes and duties imposed with respect to the Service by any federal, state, municipal or other governmental authority, all of which taxes you are required to pay except for taxes based on Gaiam's net income. You are responsible for obtaining and providing to Gaiam any certificate of exemption or similar document required to exempt any transaction from sales, use or similar tax liability.

You agree to pay your Account balance on time. You are responsible and liable for any fees, including attorney and collection fees, that Gaiam may incur in its efforts to collect any remaining balances due from you. This paragraph will in no way limit any other remedies available to Gaiam. You are required to notify us of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card account statement (send notice to customerservice@firmdirect.com). If you do not so notify us, you waive any right to dispute such problems or discrepancies.

4. Health and Medical Concerns.
The FIRM Believers Club, FIRMdirect.com, and Gaiam, are not licensed medical care providers and have no expertise in advising on, diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. The FIRM Believers Club is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury and/or death.

You should never disregard medical advice or delay seeking it because of a statement you have read on the Service. The FIRM Believers Club, FIRMdirect.com, and Gaiam are not engaged in rendering personal medical advice or treatment, and the Service is for educational purposes only. The information provided should not be used in lieu of advice given by qualified medical professionals such as your doctor or registered dietitian. It is important that this information is only used in conjunction with qualified medical guidance. If you know or suspect that you may be pregnant, have an eating disorder, have diabetes, or have any other medical condition, it is imperative that you seek the advice of your doctor prior to following any programs information obtained on the Service.

You must always consult your doctor before beginning an exercise program. Keep this checklist in mind when developing your program in conjunction with your health care provider.

  • Do you have a heart condition that requires supervised physical activity?
  • After exercise do you frequently experience chest pains?
  • Do you get dizzy when you exercise?
  • Are you breathless after exercising?
  • Do you take medication for high blood pressure?
  • Do you have joint problems?
  • Do you have a medical condition, which might need special attention when exercising, for example diabetes?
  • Have you been physically active in the past?

If you experience any discomfort or pain during an exercise routine you must immediately cease the activity and seek the assistance of a physician.

5. Prohibited Conduct
You agree not to use the Service to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content") that:

  1. is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  2. harasses or advocates harassment of another person;
  3. exploits people in a sexual or violent manner;
  4. contains nudity, violence, or offensive subject matter;
  5. solicits personal information from anyone under the age of eighteen (18);
  6. provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
  7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  8. violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
  10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Members;
  13. involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  14. includes a photograph of another person that you have posted without that person's consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; or
  15. contains a virus or other harmful component.

6. Responsibility for Content
You, and not Gaiam, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Gaiam does not control the Content posted via the Service and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will Gaiam be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

7. Rejection/Removal of Content
You acknowledge that Gaiam may or may not pre-screen Content posted on the Service, but that Gaiam has the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any Content or portion thereof that is available via the Service, in its sole discretion, for any reason. Without limiting the foregoing, Gaiam has the right to remove from the Service any Content that violates this Agreement or is otherwise objectionable in the sole discretion of Gaiam, or to restrict, suspend, or terminate your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the Service by any person, please contact Gaiam (email: customerservice@firmdirect.com).

8. Ownership of Content
Gaiam does not claim ownership rights in any Content you post on the Service. Subject to the non-exclusive license contained in the following paragraph, as between Gaiam and you, you will retain all intellectual property rights that you may have in any Content that you post on the Websites.

9. License to Your Content
In order to be able to offer you the use of the Service, you are required to grant a license to Gaiam to use and distribute your Content. This enables us to permit other visitors to the Service to view and share your Content, and to display your Content in other places within the Service, FIRMdirect.com, and other websites owned or operated by Gaiam (collectively, the “Websites”). Accordingly, by posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, "posting") any Content on or through the Service, you hereby grant to Gaiam a non-exclusive (meaning you can license the Content to other parties as well), fully-paid, royalty-free, perpetual, irrevocable, worldwide license (including the right to sublicense) to use, copy, modify, adapt, translate, create derivative works, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such Content on and through our Websites, in print, or in any other format or media now known or hereafter invented, without any obligation of notification, compensation, attribution or consent. Notwithstanding the foregoing, we will not use your Content to create commercial products such as books. For purposes of this section, “commercial products” does not include use on our Websites in any manner or any promotional materials we may create, whether online or otherwise. If you wish to remove any Content from the Websites, your ability to do so may depend on the type of Content, the location and manner of posting, and other factors. You may contact us at customerservice@firmdirect.com to request the removal of certain Content you have posted, but Gaiam has no obligation to remove any such Content, may choose whether or not to do so in its sole discretion, and makes no guarantee as to the complete deletion of any such Content and copies thereof. In any case, a back-up or residual copy of any Content posted by you may remain on Gaiam's servers after the Content appears to have been removed from our Websites, and Gaiam retains all rights granted in this paragraph to all such remaining copies. You represent and warrant that: (i) you own all right, title and interest in all Content posted by you on or through our Websites or the Service, or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through our Websites or Service does not violate the privacy rights, publicity rights, copyrights, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.

10. Member Disputes
You are solely responsible for your interactions with other Members. Gaiam reserves the right, but has no obligation, to monitor disputes between you and other Members.

11. Termination
You may cancel your Account and terminate these Terms of Service at any time, with or without cause, by notifying us by email at customerservice@firmdirect.com. Please allow us sufficient time to process termination requests. Gaiam does not provide refunds or credits for any subscription fees previously paid by you, including if you terminate your Account prior to the expiration of your pre-paid subscription period. You understand and agree that the cancellation of your Account is your sole right and remedy with respect to any dispute with Gaiam. Gaiam will not be obligated to refund any pre-paid fees if you cancel your Account for any reason.

Gaiam may terminate these Terms of Service, disable or suspend your Account or your access to the Service, and/or put your Account on inactive status at any time, in its sole and absolute discretion, with or without cause, and with or without prior notice. Gaiam will have no liability to you or any third party because of such termination or action for any reason.

Gaiam has no obligation to save any content you post or enter into the Service in the event we terminate your Account as provided in these Terms of Service, and we reserve the right to delete any of your personal information or other content within 30 days after the date of termination.

If your Account is classified as inactive for over 120 consecutive days by Gaiam in its sole discretion, then Gaiam will have the right to deactivate your Account and permanently delete all data and content in your account, with or without notice and without liability to you. Gaiam will not refund any amounts paid by you under these Terms of Service as a result of such deletion or any termination permitted under these Terms of Service. Gaiam will attempt to contact you via email prior to taking any permanent removal actions.

Sections 3, 5, 6, 7, 8, 9, 10, and 11 hereof will survive termination of your Account, your use of the Service, or termination of these Terms of Service.

These Terms of Service were last updated on April 1, 2008.