Summerbodyclub.com Terms of Service
PLEASE READ THIS DOCUMENT CAREFULLY.
Summerbodyclub.com is owned and operated by Ghost Mountain Books, Inc. (“GMB”), a California company. The service offered through summerbodyclub.com (collectively with the summerbodyclub.com website, the “Service” or “Summer Body Club Service”) is similarly operated by GMB. By accessing and using the Service, you accept and agree to be bound by the terms and provision of this agreement. In addition, when using Service, you shall be subject to any posted guidelines or rules applicable to such, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms of Service (the “Agreement”).
Prior to using the Summer Body Club Service, it is important for you to know and understand that by visiting the website and/or using the Service, you are agreeing to accept certain liability limitations and legal and health disclaimers, which are further explained throughout this Agreement. In other words, your use of the Summer Body Club Service is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Service or your use of the Service.
ANY PARTICIPATION IN THE SERVICE WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, PLEASE DO NOT USE THIS WEBSITE OR THE SERVICE.
By using the Service, you consent to receiving this Agreement in electronic form. To withdraw this consent, you must cease using the Service and terminate your account.
Please contact us with any questions regarding this Agreement.
Health Warning and Liability Disclaimer
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING THIS OR ANY OTHER EXERCISE OR WEIGHT-LOSS PROGRAM. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING.
NOTHING STATED OR POSTED THROUGH THE SUMMER BODY CLUB SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL ADVICE OR CARE.
YOUR USE OF THE SUMMER BODY CLUB SERVICE IS AT YOUR OWN RISK.
PLEASE READ OUR FULL PROFESSIONAL ADVICE AND MEDICAL DISCLAIMER IN SECTION 2 BELOW BEFORE COMMENCING YOUR USE OF THE SERVICE.
GMB SHALL NOT BE LIABLE FOR ANY LIABILITY, OF ANY KIND, RESULTING FROM THE USE OF THE SUMMER BODY CLUB SERVICE.
Consumer Bill of Rights
Be sure that your decision to use GMB products, services and offerings is an informed one by reading this Consumer Bill of Rights:
WARNING: Rapid weight loss may cause serious health problems. (Rapid weight loss is weight loss of more than 1 1/2 pounds to 2 pounds per week, or weight loss of more than 1% of body weight per week after the second week of participation in any weight loss plan.)
Only permanent lifestyle changes - such as making healthful food choices and increasing physical activity - promote long-term weight loss.
Consult your personal physician before starting any weight loss plan.
Qualifications of this provider’s staff are available upon request.
You have a right to:
ask questions about the potential health risks of this weight loss plan, its nutritional content, and its psychological support and educational components.
know the price of treatment, including the price of any extra products, services, supplements and laboratory tests (if applicable).
SPECIFIC Terms and Conditions of Service
1. Who May Use the Summer Body Club Service
AGE REQUIREMENT: You must be at least 18 years old to use the Summer Body Club Service.
NOTICE TO PARENTS AND GUARDIANS: You are responsible for monitoring and supervising your child’s use of the Summer Body Club Service. If your child is using the Summer Body Club Service without your express consent and is under 18, please contact us immediately so that we can disable his or her access. If you have questions about Summer Body Club, please contact us at support .
2. Professional Advice and Medical Disclaimer.
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING THIS OR ANY OTHER EXERCISE OR NUTRITION PROGRAM TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS. THIS IS PARTICULARLY TRUE IF YOU (OR YOUR FAMILY) HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED CHEST PAIN WHEN EXERCISING, SMOKE, HAVE HIGH CHOLESTEROL, OR HAVE A BONE OR JOINT PROBLEM THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY. DO NOT USE THE SUMMER BODY CLUB SERVICE IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY.
THE SUMMER BODY CLUB SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON SUMEMRBODYCLUB.COM OR AVAILABLE THROUGH ANY SUMMER BODY CLUB SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH OR NUTRITION CARE, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. YOU SHOULD NOT RELY ON ANY INFORMATION ON THE SUMMER BODY CLUB SERVICE AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SERVICE. THE USE OF ANY INFORMATION PROVIDED ON THE SERVICE IS SOLELY AT YOUR OWN RISK.
IF YOU ARE IN THE UNITED STATES AND THINK YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL YOUR HEALTH CARE PROFESSIONAL, OR 911, IMMEDIATELY.
THE SUMMER BODY CLUB WEBSITE IS CONTINUALLY UNDER DEVELOPMENT AND GMB MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT GENERAL HEALTH, FITNESS AND ADVICE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON THE SUMMER BODY CLUB WEBSITE WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
3. Your Representations and Warranties as a Member
In becoming a member (“Member”) of the Summer Body Club Service, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past several months; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or (B) your physician has specifically approved of your use of the Summer Body Club Service and is fully aware of the entire content of the Service.
If applicable, you further affirm that (A) you are not pregnant or (B) your physician has specifically approved your use of the Summer Body Club Service and is fully aware of the entire content of the Service.
4. General Disclaimers
GMB provides the Summer Body Club Service on an “as is” and “as available” basis. You therefore use the Service at your own risk.
GMB expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, GMB makes no representations or warranties:
That the Summer Body Club Service, or any particular fitness program is suitable for you;
Regarding the adequacy or safety of the Summer Body Club Service for any particular user;
That the Summer Body Club Service will meet your personal needs;
That the Summer Body Club Service will be permitted in your jurisdiction;
That the Summer Body Club Service will be uninterrupted or error-free;
That GMB will continue to support any particular feature of the Summer Body Club Service; or
Concerning sites and resources outside of the Summer Body Club Service, even if linked to from the Service.
GMB reserves the right to modify the Summer Body Club Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Summer Body Club Service. GMB has no obligation to screen or monitor any content and does not guarantee that any content made available on the Summer Body Club Service complies with this Agreement or is suitable for all users. GMB shall not be responsible for loss or corruption of data, and hereby waives all claims with respect to damage to Your computer system, internet access, download or display device.
To the extent that a secondary party may have access to or view GMB content on your computer or mobile device, you are solely responsible for informing such party of all provisions, terms, disclaimers and warnings in this Agreement.
To the extent any disclaimer or limitation of liability in this Agreement does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Summer Body Club Service, and no warranties shall apply after such period.
5. Limitation of Liability
The Summer Body Club Service and its components are offered for informational purposes only. GMB this site shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the website, and shall not be responsible or liable for any error or omissions in that information.
To the fullest extent permitted by law, in no event shall GMB, nor its affiliates, be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses. Should GMB or its affiliates be found liable to you, the totally liability of GMB and its affiliates shall not exceed the amounts paid by you to GMB over the twelve (12) months preceding your claim(s).
IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO OBTAIN OR ACCESS ANY MATERIAL THROUGH THE SERVICE OR WEBSITE.
What information we may collect about you;
What we use that information for; and
When and with whom we share that information.
CONSENT TO EMAIL: When you become a Member, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Service, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third party partners.
7. Membership Provisions
NON-COMMERCIAL USE: Use of the Service is for personal use only. Members may not use the Service in connection with any commercial endeavors. Users of the Site may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the Site for any purpose unless expressly authorized by GMB. If you wish to inquire about possible commercial use, please contact us at . GMB may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Service.
8. Changes to Services or Agreement and Refund Policy
Changes. GMB may change, modify, add, remove, suspend, cancel or discontinue any aspect of it Service including the functionality, content, and/or availability of any features at any time in GMB’s sole discretion.
We reserve the right, in our sole discretion, to change, add or remove provisions of this Agreement at any time. You should check this Agreement periodically for changes. By using the website or Summer Body Club Service, including after any changes are posted to this Agreement or you are otherwise notified of such changes, you agree to this Agreement and accept those changes, whether or not you have reviewed them. If you do not agree to this Agreement, you should not use or access the website or Service.
HOW TO OBTAIN A REFUND
If you want to obtain a refund, please choose one of the following options to contact us:
Email us at
Write to us at Ghost Mountain Books, Inc., 137 N. Larchmont Blvd., #705, Los Angeles, CA 90004
Please include the following information when you contact us:
Your name and contact information (address, telephone number and email address
Reason for refund request
A service member will respond to your request in a timely manner. Please note that refunds are not guaranteed and are granted on a case-by-case basis.
You agree to indemnify, defend, and hold harmless GMB and its affiliates, directors, officers, employees, and agents, from and against any liability, claims, damages, losses and costs (including reasonable attorney’s fees) that: (i) arise from your activities on the Summer Body Club Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to GMB violates any law or infringes any personal right or third party right, including any intellectual property or privacy right. GMB reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with GMB in connection therewith.
10. License to Use the Summer Body Club Service
LICENSE: GMB grants you a limited, non-exclusive license to access and use the Summer Body Club Service for your own personal, non-commercial purposes. This includes the right to view content available on the Summer Body Club Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
RESTRICTIONS: Except as expressly permitted by GMB in writing, you will not reproduce, redistribute, publicly display, sell, create derivative works from, decompile, reverse engineer, or disassemble the Summer Body Club Service. Nor will you take any measures to interfere with or damage the Summer Body Club Service. All rights not expressly granted by GMB are reserved.
MOBILE DEVICES, APPLICATIONS AND SET-TOP BOXES/EXTERNAL DEVICES: These Terms of Service, and all of the provisions herein, also govern the use of our mobile, desktop and set-top devices and related applications (for example, iOS devices, Android devices, Roku, Apple TV and other such devices and their corresponding apps). Your use of the Summer Body Club Service through any applications or device constitutes your agreement to be bound by this Agreement.
Any GMB application, regardless of the manner and means in which it is downloaded (for example the Apple AppStore, Google Play Store, your console’s app store, etc.) is licensed, not sold, to You for use only under these Terms. We, the licensor, GMB (application provider) reserve all rights not expressly granted to You. Accordingly, if you download the Summer Body Club application, you will be: installing a software program on your product in the form of an application; entering into this contract with GMB governing your use of the application.
11. Third Party Links and Content
Certain links on the GMB website and/or the Summer Body Club Service may let you leave the particular website or Service you are accessing in order to access a linked site (the “Linked Sites”). When you are linking to a third party site, it is important to know that GMB does not control these sites, nor has GMB reviewed or approved the content which appears on the linked sites. GMB is not responsible for the legality, accuracy or nature of any content, advertising, products or other materials on or available from any linked sites, or the conduct of such linked sites. You acknowledge and agree that GMB shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the linked sites.
Dealings with Third Parties. More specifically, your participation, correspondence or business dealings with any third party found on or through the GMB website and Service (i.e., a linked site), regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that GMB shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
12. Intellectual Property
You acknowledge that the GMB website and Services contain software, graphics, photos, videos, know-how, product ideas, comments and other material (collectively, “Content”) that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All GMB-generated Content and Content developed for GMB by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, GMB owns a copyright in the selection, coordination, arrangement and enhancement of all Content in the GMB website. Subject to your compliance with these Terms, and solely for so long as you are permitted by us to access and use the Services, you may download one copy of the application (but never the Content) to any single computer or device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with these Terms. Unless otherwise specified, modification of the Content or use of the Content for any other purpose, including use of any such Content on any other website or networked computer environment is strictly prohibited.
The GMB name, logos and affiliated applications and technologies are the exclusive property of GMB. All other trademarks appearing on the Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
GMB owns and retains all proprietary rights in the website and the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Site or through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
13. Copyright / DMCA Policy
GMB respects the intellectual property of others, and we ask our users to do the same. GMB will promptly remove materials from the GMB website in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright. In addition, GMB may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.
Filing a DMCA Notice to Remove Copyrighted Content-for Copyright Holders
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
Your name, address, telephone number, and email address (if any).
A description of the copyrighted work that you claim has been infringed.
A description of where on the GMB website the material that you claim is infringing may be found, sufficient for GMB to locate the material (e.g., the URL).
A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Your electronic or physical signature.
You may submit this information via:
Offline: GMB’s Copyright Agent (see contact information below)
In addition, please make sure that all of the information you provide is accurate. UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.
GMB may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.
If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.
GMB’s Copyright Agent
You may send a DMCA notice, a DMCA counter-notification, or any inquiries concerning intellectual property to GMB’s Copyright Agent:
Ghost Mountain Books, Inc.
c/o Chatham Law Group
2312 W. Olive Ave., Suite D
Burbank, CA 91506
14. General Provisions
ARBITRATION AND GOVERNING LAW:
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Site shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against GMB in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against GMB or its affiliates any class action, class arbitration, or other representative action or proceeding.
By using the GMB website or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and GMB or its affiliates (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against GMB (except for small-claims court actions) may be commenced only in the federal or state courts located in Los Angeles County, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes and you irrevocably waive any right to a trial by jury.
This Agreement, and any dispute between you and GMB, shall be governed by the laws of the state of California without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by GMB in exercising any right hereunder will waive any further exercise of that right. GMB’s rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without GMB’s prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from GMB electronically. GMB may provide all such communications by email or by posting them on the Summer Body Club Service. For support-related inquiries, you may send an email to or the following address:
Ghost Mountain Books, Inc.
137 N. Larchmont Blvd., #705
Los Angeles, CA 90004
Nothing herein shall limit GMB’s right to object to subpoenas, claims, or other demands.
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by GMB on the GMB website or a written amendment signed by an authorized representative of GMB. A revised Terms of Service will be effective as of the date it is posted on the GMB website.
ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:
This Agreement constitutes the entire understanding between GMB and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.