TERMS & CONDITIONS INTRODUCTION Welcome to turbokick.com. This site is provided by Powder Blue Productions, as a service to our customers. Please review the following basic rules that govern your use of our Site. Please note that your use of our Site constitutes your unconditional agreement to follow and be bound by these Terms and Conditions. Powder Blue Productions reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the Web site following any such change constitutes your unconditional agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Web site. 1) HEALTH & SAFETY CAUTION Please consult your physician or other health care professional before starting this or any other fitness program to determine if it is right for your needs. This is particularly true if you (or a family member) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising, or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. Do not start a fitness program 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, and immediately seek immediate medical help. 2) RETURN POLICY There are no returns, exchanges, or credits of CD’s or DVD’s. There are no returns of Clearance Items, Last Chance Items, Final Sale Items, or other items so indicated. Non-sale clothing and accessories may be returned/exchanged within 30 days of purchase with tags, packaging, and receipt. Clothing items cannot be returned or exchanged if they have been worn or washed. Shipping charges are not refundable. 3) ORDER ACCEPTANCE Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse, cancel or hold any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, inaccuracies or errors in identifying your record, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting or releasing any order. We will contact you if all or any portion of your order is cancelled, held, or if additional information is required to accept your order via email. 4) PRICE INFORMATION While Powder Blue Productions strives to provide accurate product and pricing information, pricing or typographical errors may occur. Powder Blue Productions cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Powder Blue Productions shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Powder Blue Productions may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation via email. We strive to provide you with the best prices possible on, as well as, in our stores. However, sometimes a price online does not match the price in a store or on another web site. Prices and availability are subject to change without notice. 5) SALES AND THE USE OF COUPONS OR GIFT CERTIFICATES From time to time we will offer coupons to be used on one or more items per order. These coupons are only valid ONLINE. We will allow one coupon per order. There can only be one promotion used per transaction. The Gift Certificate is not a Gift Card or credit card. The Gift Certificate is prepaid and can be used for purchases of merchandise from Powder Blue Productions’ website exclusively, using the contact information on the back of the Certificate. The Certificate may not be used to make purchases of event registrations, at events, for VIP, FAN Club or to purchase from any other merchants. If the Certificate is not used completely upon the first or subsequent uses, a balance will be kept in customer account. Cash change will not be given in the event that the purchase is less than the face value of the Gift Certificate. We are not responsible for lost or stolen Gift Certificates. Lost or stolen Gift Certificates will not be replaced. The purchase price paid for the Gift Certificate is non-refundable. Please contact us for customer service issues, using the contact information on the back of your Gift Certificate. There can only one promotion used per transaction; you may use a coupon, a discount, or a gift certificate; but only one per order. If more than one coupon code or discount is presented, we reserve the right to decide which coupon or discount we will honor. 6) COLORS We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. 7) SHIPPING AND FREIGHT POLICY Powder Blue Productions shipping policy within North America Items: DVDs, CDs, manuals, clothing, and accessories are shipped in envelopes/boxes and are sent via USPS Priority Mail unless otherwise specified and should arrive in approximately 3-5 days within the Continental US. Local customs and duties outside North America Outside of North America, you may be subject to import duties and taxes levied when a shipment reaches your country. Additional charges for customs clearance are your responsibility; Powder Blue Productions has no control over these charges and cannot predict what they might be. Customs policies vary widely from country to country; we recommend you contact your local customs office for further information. Additionally, when ordering from turbokick.com, you are considered the importer, and must comply with all laws and regulations of the country in which you are receiving the goods. Generally, customs forms for international packages will list the value of your order’s contents by product type. Calculating shipping rates Shipping rates are calculated by the dimensional weight or actual weight of the products being shipped (whichever is the greatest of the two). Rates are also determined by final shipping destination. If shipping destinations are outside of major city centers, an additional fuel surcharge may be added. To confirm shipping rates The Shipping Department can help determine your total shipping charges. Please contact them directly, toll free at 1-800-315-2505 or 1-949-830-4822. You can also send an e-mail to orders@turbokick.com. 8) QUANTITY LIMITS & DEALER SALES Powder Blue Productions reserves the right to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same Powder Blue Productions account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer e-mail provided, should such limits be applied. Powder Blue Productions also reserves the right to prohibit sales to dealers. If you are interested in purchasing multiple quantities of items for a corporation or institution, please contact us by email at operations@turbokick.com. 9) GENERAL This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Powder Blue Productions rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under USA law as such law applies to agreements between USA residents entered into and to be performed within the USA. Any action or proceeding arising out of, or related to, this Agreement or your use of this Site must be brought in the state or federal courts of the USA. 10) USER REVIEWS, FEEDBACK, SUBMISSIONS All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain Powder Blue Productions’ property. Such disclosure, submission or offer of any Comments shall constitute an assignment to of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Powder Blue Productions will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Powder Blue Productions is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". If and when posts comments on its site or any of its affiliated sites, although it will not regularly review posted Comments, it will reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Powder Blue Productions and its affiliates for all claims resulting from any Comments you submit. Powder Blue Productions and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party. 11) INDEMNIFICATION You agree to defend, indemnify and hold Powder Blue Productions harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site and any products sold via this site. 12) TERMINATION These terms are effective unless and until terminated by either you or Powder Blue Productions. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. Powder Blue Productions also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Powder Blue Productions’ sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or Powder Blue Productions, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise. These terms are effective unless and until terminated by either you or Powder Blue Productions. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. Powder Blue Productions also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Powder Blue Productions’ sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or Powder Blue Productions, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise. 13) DISCLAIMER This site is provided by Powder Blue Productions on an "as is" and "as available" basis. Powder Blue Productions makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site. To the full extent permissible by applicable law, Powder Blue Productions disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, Powder Blue Productions disclaims any and all warranties, express or implied, for any merchandise offered on this site. You acknowledge, by your use of the turbokick.com web site, that your use of the site is at your sole risk. This disclaimer does not apply to any product warranty offered by the manufacturer of the item. This disclaimer constitutes an essential part of this agreement. Some states do not allow limitations on how long an implied warranty lasts, so the foregoing limitations may not apply to you. 14) LIMITATION OF LIABILITY Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall Powder Blue Productions or any of its affiliates, employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the turbokick.com web site, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of Powder Blue Productions has been advised of or should have known of the possibility of such damages. In no event will Powder Blue Productions be liable for any damages in excess of the fees paid by you in connection with your use of the site during the six-month period preceding the date on which the claim arose. The information (including, without limitation, advice and recommendations) and services on the turbokick.com site is intended solely as a general educational aid and is neither medical nor healthcare advice for any individual problem nor a substitute for medical or other professional advice and services from a qualified healthcare provider familiar with your unique facts. Always seek the advice of your physician or other qualified healthcare provider regarding any medical condition and before starting any new treatment. Nothing contained in the turbokick.com site is intended to be used for medical diagnosis or treatment. The information and services are provided with the understanding that neither Powder Blue Productions nor its affiliates, suppliers or users are engaged in rendering legal, medical, counseling, or other professional services or advice. Your use of the turbokick.com site is subject to the additional disclaimers and caveats that may appear throughout the site. Turbokick.com and its affiliates and agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services, or other material on the turbokick.com site. While Powder Blue Productions strives to keep the information on the turbokick.com sites accurate, complete, and up-to-date, Powder Blue Productions and its affiliates and suppliers cannot guarantee, and will not be responsible for, any damage or loss related to the accuracy, completeness, or timeliness of the information. You further agree that you understand and accept the following warnings and cautions as they relate to A) Powder Blue Productions CD and DVD exercise programs and B) Powder Blue Productions exercise products: A) Powder Blue Productions CD and DVD exercise programs Powder Blue Productions CD and DVD programs are fully protected under the laws of copyright and trademark. Any unauthorized duplication, exhibition, distribution or other use of this program, or any part thereof, without prior written consent is strictly forbidden by law, including United States federal law. Violators will be prosecuted to the maximum extent of the law. Please note the following important cautions before using any Powder Blue Productions exercise program or product: not all exercises are suitable for everyone, and Powder Blue Productions exercise and any exercise program may result in injury. Consult with your doctor before embarking on a Powder Blue Productions exercise program or any other exercise program. To reduce the risk of injury, never force or strain during exercise. If you experience pain or discomfort during exercise, stop immediately and consult your doctor. Certain special cautions apply to this or any other exercise program. Special cautions may apply to individuals with specific health issues. For that reason, you should consult your doctor to find out if special restrictions apply to you. The creators, producers, performers, participants and distributors of Powder Blue Productions programs cannot guarantee that the programs are safe and proper for every individual. For that reason, all Powder Blue Productions programs are sold without warranties or guarantees of any kind. Any liability, loss or damage in connection with Powder Blue Productions programs, including but not limited to any liability, loss or damage resulting from the performance of the exercises demonstrated here, or the advice and information given here, is expressly disclaimed. 15) TRADEMARKS AND COPYRIGHT Unless otherwise noted, all materials, including images, text, illustrations, designs, icons, photographs, programs, video clips and written and other materials that are part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Powder Blue Productions, one of its affiliates or by third parties who have licensed their materials to Powder Blue Productions and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Powder Blue Productions and is also protected by U.S. and international copyright laws. Powder Blue Productions CD and DVD programs are fully protected under the laws of copyright and trademark. Any unauthorized duplication, exhibition, distribution or other use of this program, or any part thereof, without prior written consent of Powder Blue Productions is strictly forbidden by the laws of the United States and other countries. Violators will be prosecuted to the maximum extent of the law. Powder Blue Productions and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Web site. Access to this Web site does not confer and shall not be considered as conferring upon anyone any license under any of Powder Blue Productions ‘or any third party's intellectual property rights. Powder Blue Productions names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Powder Blue Productions, used under license. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Web site. Access to this Web site does not authorize anyone to use any name, logo or mark in any manner. References on this Web site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Powder Blue Productions’ endorsement, sponsorship or recommendation of the third party, information, product or service. Powder Blue Productions is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party web sites, you do so entirely at your own risk. 16) USE OF THIS SITE This Site and all its Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this site is the property of or its suppliers and protected by U.S. and international copyright laws. The content and software on this site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited. 17) SITE SECURITY Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Powder Blue Productions will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer). Do you still have questions? To inquire about our products and services contact one of our knowledgeable Customer Service Representatives at: 1-800-315-2505. If you have a question about our Terms & Conditions, please email us at: operations@turbokick.com. ('txt_conditions_customer'from 'Languages' menu in the admin area)

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