Last Updated: April 24th 2018

Cut4Cash LLC and its affiliates, subsidiaries and parent companies are pleased to provide you with access to and use of our websites, content, contests, services, promotions, software, technology and any other materials (collectively, “Cut4Cash Services”) that we may provide.

Cut4Cash services are not intended for anyone under the age of 18. If you are under 18 years of age, you cannot access or use any Cut4Cash services. Any person that purchased or planning to purchase any Cut4Cash services is required to read these Terms and Conditions of Use. If you purchased and/or are participating in any Cut4Cash Services you acknowledge that you read and agreed to these Terms and Conditions of Use. You agree to these Terms and Conditions of Use of Cut4Cash Services at your own risk.

1. Contract Between You and Cut4Cash; Privacy Policy.

These Terms and Conditions of Use (“Terms”) and our Privacy Policy (available here) form a legally binding agreement between you and Cut4Cash LLC, and govern your access and use, and our provision of, Cut4Cash Services and any other technology, items or other materials on which these Terms are posted. BY ACCESSING OR USING ANY CUT4CASH SERVICE, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS, OUR PRIVACY POLICY AND ANY AMENDMENTS THERETO, AND YOU AGREE YOU ARE AT LEAST 18 YEARS OF AGE. PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY CUT4CASH SERVICES, ESPECIALLY SINCE THESE TERMS MAY AFFECT YOUR LEGAL RIGHTS, SUCH AS YOUR RIGHT TO BRING A LAWSUIT OR CLASS ACTION. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY CEASE USE OF ANY CUT4CASH SERVICES.

Supplemental terms and conditions may apply to certain Cut4Cash Services, such as rules for a particular contest, sweepstakes, competition, or activity, or terms that may accompany certain content, software or other materials accessible through the Cut4Cash Services (“Supplemental Terms”). Any Supplemental Terms will be disclosed to you in connection with those other activities and will apply and govern specifically over such activities.

2. Changes to These Terms.

We may in our sole and absolute discretion change these Terms or our Privacy Policy from time to time to comply with laws or to meet our changing business requirements. These revisions shall be effective for new users immediately upon being posted to the Cut4Cash Services; however, for existing customers, the applicable revisions shall be effective 30 days after posting unless otherwise stated. If you do not agree with any of the changes, you must discontinue using any and all Cut4Cash Services. By continuing to use any Cut4Cash Services after any changes are posted, you expressly accept any applicable changes. Please note our employees, customer service representatives, or other agents are not authorized to modify any provision of these Terms, either verbally or in writing.

3. Assumption of the risk and release of liability

You understand that using Cut4Cash Services involves the risk of severe physical injury and/or death that cannot completely be eliminated.

You certify that you are physically capable of using Cut4Cash Services as instructed and that you have no medical condition that would make use of Cut4Cash services more hazardous.

You agree to observe and obey all posted rules and warning and further agree to follow any type of instructions or directions provided by Cut4Cash Services employees, representatives, owners or agents.

You should consult a physician before purchasing any Cut4Cash services, especially if you are pregnant, disabled in any way or have suffered an illness or injury.

You agree not to consume alcohol prior to and/or during use of Cut4Cash Services or use any medicine, substance or drug that will inhibit your mental or physical ability to safely use Cut4Cash Services.

You recognize that there are certain inherent risks associated with using Cut4Cash Services and you assume full responsibility for personal injury and/or death to yourself and/or your family members, friends and pets and further discharge Cut4Cash for injury, death, loss and/or damage arising out of your, your family’s, your friend’s and/or pets use of or presence upon the Cut4Cash Services whether caused by the fault/negligence of yourself, your family, your friends, pets, Cut4Cash and/or other third parties.

You assign all rights, title, and interest in any and all photographs, motion pictures, videos, recordings or other records you may take or capture during your participation in Cut4Cash contest(s) to Cut4Cash.

You understand and acknowledge that you fully read and agreed to these Terms of your own free will.

4. Cut4Cash LLC’s Intellectual Property; Limited License to Cut4Cash Services.

A. Ownership.

You acknowledge and agree that the Cut4Cash Services, and any logos, names, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation any copyrights, patents, trademarks, proprietary or other rights arising therefrom are owned by Cut4Cash LLC or its affiliates, licensors or suppliers. Furthermore, you acknowledge and agree that the source and object code of certain Cut4Cash Services and the format, directories, queries, algorithms, structure and organization of the same are the intellectual property, proprietary and confidential information of Cut4Cash LLC and its affiliates, licensors and suppliers. You expressly agree that you will do nothing inconsistent with Cut4Cash LLC’s ownership of the Cut4Cash Services, and that you gain no rights, title, or interest in or to any Cut4Cash Services, except as stated in these Terms or any executed written agreement between you and Cut4Cash LLC. In addition, except as expressly set forth in these Terms, 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 Cut4Cash LLC or any third party.

B. Limited License.

For any Cut4Cash Services which enable you to use any software, content, or other materials owned or licensed by us only after you become validly authorized by us, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the specific Cut4Cash Services, and any related software, content, or other materials FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY.

C. Restrictions.

You are prohibited from, and expressly agree that you will not: (i) circumvent or disable any content protection system or digital rights management technology used with any Cut4Cash Services; (ii) decompile, reverse engineer, disassemble or otherwise reduce any Cut4Cash Services to a human-readable form; (iii) remove identification, copyright or other proprietary notices in or on the Cut4Cash Services; (iv) access or use any Cut4Cash Services in an unlawful or unauthorized manner or in a manner that suggests an association with our content, products, services or brands, unless you have an executed agreement with us that allows for such activity; (v) use, alter, copy, modify, store, sell, reproduce, distribute, republish, download, publicly perform, display, post, transmit, create derivative works of, or exploit any Cut4Cash Services or any part thereof, except as expressly authorized in these Terms or as part of theCut4Cash Services provided to you; (vi) introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Cut4Cash Services or connected network, or interfere with any person or entity’s use or enjoyment of any Cut4Cash Services; (vii) access, monitor, or copy any element of the Cut4Cash Services using a robot, spider, scraper or other automated means or manual process without our express written permission; or (viii) sell, resell, or make commercial use of the Cut4Cash Services, unless you have an executed agreement with us that expressly allows for such activity. You may not access or use any Cut4Cash Service in violation of United States export control and economic sanctions requirements. By accessing or otherwise using any services, content or software through any Cut4Cash Services, you represent and warrant that: (ix) your access to and use of the Cut4Cash Services, or any content or software therein, will comply with any and all requirements in these Terms; (x) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a terrorist supporting country, and that you are not listed on any U.S. government list of prohibited or restricted parties; and (xi) you will comply with all applicable local, national, and international laws, rules, regulations and ordinances in connection with your use of any Cut4Cash Services and our websites.

D. Third Party Services and Content.

Certain Cut4Cash Services may integrate, be integrated into, or be provided in connection with third-party websites, services, content, and/or materials (“Third-Party Services”). We do not review or control any Third-Party Services. We additionally make no claim or representation regarding, and accept no responsibility for, the quality, content, nature, or reliability of Third-Party Services accessible from our websites, apps, software or any other element of the Cut4Cash Services. There is no implied affiliation, endorsement or adoption by Cut4Cash LLC of these Third-Party Services and we shall not be responsible for any content provided on or through these Third-Party Services. You should read the terms of use and privacy policies that apply to these Third-Party Services.

Certain opinions, advice, statements, or other information, including without limitation, food, nutrition and exercise data, may be made available by third parties through or in connection with the Cut4Cash Services (“Third-Party Content”). This Third-Party Content belongs to the respective authors or providers of the applicable Third-Party Content and these authors and providers are solely responsible for the Third-Party Content they provide in connection with the Cut4Cash Services. CUT4CASH LLC DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON ANY CUT4CASH SERVICE; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY A THIRD-PARTY AS PART OF ANY THIRD-PARTY CONTENT. UNDER NO CIRCUMSTANCES WILL CUT4CASH LLC BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON THIRD-PARTY CONTENT POSTED ON THE CUT4CASH SERVICES OR TRANSMITTED TO OR BY ANY THIRD-PARTY IN CONNECTION WITH THE CUT4CASH SERVICES.

F. Disclaimer of Warranties.

YOU ACKNOWLEDGE AND AGREE THE CUT4CASH SERVICES, INCLUDING WITHOUT LIMITATION, ANY PRODUCTS, GOODS, SERVICES, WEBSITES, APPLICATIONS, HEALTH AND WELLNESS CONTENT AND ADVICE, AND NUTRITIONAL ADVICE OR INFORMATION ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS, AND WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE CUT4CASH SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, AND WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. WE MAKE NO GUARANTEE OR WARRANTY THAT THE CUT4CASH SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL BE UNINTERRUPTED OR ERROR-FREE. WE FURTHER MAKE NO GUARANTEE OR WARRANTY AS TO THE PARTICULAR HEALTH AND WELLNESS GOALS, RESULTS, BENEFITS OR OUTCOMES THAT MAY BE ACHIEVED OR OBTAINED THROUGH USE OF ANY CUT4CASH SERVICES. YOU AGREE TO USE THE CUT4CASH SERVICES AT YOUR SOLE RISK.

YOU WILL NOT HOLD CUT4CASH LLC OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE CUT4CASH SERVICES, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA, AS THE CUT4CASH SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.

YOU ACKNOWLEDGE THAT WE DO NOT CONTROL ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH OUR WEBSITES, INCLUDING WITHOUT LIMITATION, INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO US FROM THIRD PARTIES. CERTAIN WARRANTIES WITH RESPECT TO PARTICULAR PRODUCTS/SERVICES ACCESSED FOR SALE THROUGH OUR WEBSITES MAY BE AVAILABLE THROUGH MANUFACTURERS' WARRANTIES, THOUGH NOT THROUGH CUT4CASH LLC; PLEASE READ THE WARRANTIES INCLUDED IN THE DOCUMENTATION PROVIDED ALONG WITH THOSE PRODUCTS/SERVICES FOR FURTHER DETAILS. EXCEPT AS OTHERWISE AGREED IN WRITING, WE ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF THIRD-PARTY CONTENT, THIRD-PARTY SERVICES, OR THIRD-PARTY PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH OUR WEBSITES.

5. Your Content and Account.

A. User Generated Content.

The Cut4Cash Services may allow you and users of our websites to communicate, submit, upload or otherwise make available text, reviews, stories, images, photos, audio, video, media, chats, personally identifiable information (including health, wellness and nutritional data), feedback about our products and services, or other content (“User Generated Content”). User Generated Content that you submit through your Cut4Cash personal profile or any other Cut4Cash Services will be stored, maintained and used by Cut4Cash LLC in accordance with our Privacy Policy. You acknowledge certain types of User Generated Content that you submit, such as chats, photos, reviews, and message board entries, may be accessed and viewed by the public.

You may not submit or upload User Generated Content that Cut4Cash LLC determines in its sole and absolute discretion is illegal, infringing, false, defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law. We have the right, but not the obligation, to monitor, screen, post, remove, modify, store and review User Generated Content or communications you submit, at any time and for any or no reason, including to ensure that the User Generated Content or communication conforms to these Terms, without prior notice to you.

You represent and warrant that your User Generated Content conforms to these Terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by these Terms. You agree to indemnify and hold us and our affiliates and subsidiaries, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.

We will not be responsible or liable to any third party for any User Generated Content. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by other users of the Cut4Cash Services, or any authors, experts, celebrity trainers or otherwise. User Generated Content shall not state or reflect the attitudes and opinions of Cut4Cash LLC, and any views and opinions expressed on our websites shall not be attributed to or otherwise endorsed by Cut4Cash. You agree to comply with all applicable local, national, and international laws, rules, regulations and ordinances in connection with your use of any Cut4Cash Services and our websites.

B. License to Your User Generated Content.

We do not claim ownership to your User Generated Content; however, you grant us a perpetual, fully paid-up, non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works of, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in any and all media and channels now known or hereafter devised (including in connection with the Cut4Cash Services and on third-party sites and platforms such as Facebook, YouTube, Instagram and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity. This includes without limitation our use of your User Generated Content in connection with any advertising, product packaging, printed publications, presentations, promotional materials, events and associated marketing materials, television and digital commercials, videos, social media websites, or on our websites. We are not, however, obligated to use your User Generated Content.

To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a limited, non-transferable, non-exclusive license to create a derivative work using our copyrighted works as required for the sole purpose of creating the materials, provided that such license shall be conditioned upon your assignment to us of all rights in the work you create. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.

C. Public Forums.

Certain Cut4Cash Services include public forums, which include without limitation, discussion forums, message boards, blogs, chat rooms or instant messaging features. You acknowledge these public forums are for public and not private communications. You further acknowledge that any User Generated Content you upload, submit, post, transmit, communicate, share or exchange by means of any public forum may be viewed on the Internet by the general public, and therefore, you have no expectation of privacy with regard to any such submission or posting. You are, and shall remain, solely responsible for the User Generated Content you upload, submit, post, transmit, communicate, share or exchange by means of any public forum and for the consequences of submitting or posting same.

D. User Conduct.

You must only use the Cut4Cash Services for lawful purposes, and you must not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of any Cut4Cash Services. In using any Cut4Cash Services, and in particular, our websites, you expressly acknowledge you are prohibited from, and agree that you will not without our prior express written consent:

• copy, reproduce, or improperly use or access any content on our websites;

• modify, distribute, or re-post any content on our websites for any purpose; or

• use the content on our websites for any commercial exploitation whatsoever.

• disrupt or interfere with the security of, or otherwise abuse, our websites, or any services, system resources, accounts, servers, or networks connected to or accessible through our websites or affiliated or linked sites;

• access content, data or portions of our websites which are not intended for you, or log onto a server or account that you are not authorized to access;

• attempt to probe, scan, or test the vulnerability of the Cut4Cash Services, including websites, applications, or any associated system or network, or breach security or authentication measures without proper authorization;

• access any Cut4Cash Services or our websites through any automated means, such as “robots,” “spiders,” or “offline readers”;

• interfere or attempt to interfere with the use of our websites or applications or the Cut4Cash Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing";

• use any data mining, “scraping”, web crawling, robots, or similar data gathering and extraction methods on our websites;

• harass, “stalk”, disrupt or interfere with any other user's enjoyment of our websites or affiliated or linked sites;

• upload, post, or otherwise transmit through or on our websites any viruses or other harmful, disruptive, or destructive files;

• use, frame, or utilize framing techniques to enclose any Cut4Cash LLC’s trademark, logo, or other proprietary information (including the images found at our websites, the content of any text, or the layout/design of any page or form contained on a page) without Cut4Cash LLC’s express written consent;

• use meta tags or any other "hidden text" utilizing a Cut4Cash name, trademark, or product name without Cut4Cash's express written consent;

• deeplink to our websites without Cut4Cash LLC’s express written consent;

• create or use a false identity on our websites, share your account information, or allow any person besides yourself to use your account to access our websites;

• harvest or otherwise collect information about Cut4Cash users, including email addresses and phone numbers;

• download, “rip,” or otherwise attempt to obtain unauthorized access to any Cut4Cash Services, content or other materials; and

• post any copyrighted material unless the copyright is owned by you.

E. Your Account; Passwords.

Certain Cut4Cash Services permit or require you to create an account to enjoy additional services and benefits that we provide. You agree to provide and maintain accurate, current and complete information for your accounts, including as applicable, your name, contact, and payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or if applicable, provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide.

We have adopted and implemented a policy that provides for the suspension or termination, in appropriate circumstances and in our sole and absolute discretion, of the accounts of users who violate these Terms, are repeat infringers of copyright, or engage in, encourage or advocate for illegal conduct.

You are responsible for maintaining the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You may not share your password or other login information with any person; any use of your account by any person other than yourself is grounds for suspension or termination of your account. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Cut4Cash Services. You agree not to use the account, username or password of any other account holder at any time. Cut4Cash LLC will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge.

F. Participants Public Profiles.

When you create an account with us you may be asked to provide certain personal information, such as your name and e-mail address. Some of this information may be publicly viewable by others, such as other Cut4Cash participants or account holders.

Cut4Cash LLC relies on its participants to provide current and accurate information, and we do not, and cannot, investigate information contained in participant’s public profiles. Cut4Cash LLC does not represent, warrant or guarantee the accuracy of public profile information, and hereby disclaims all responsibility or liability for any information provided by participants by means of public profiles or otherwise.

You are solely responsible for your interactions with other members. You acknowledge and agree that Cut4Cash LLC does not (i) screen its participants; (ii) inquire into the backgrounds of its participants; or (iii) review or verify the statements of its participants, including without limitation, information or representations contained in public profiles. Cut4Cash LLC does not warrant, endorse or guarantee the conduct of its participants or their compatibility with you, and you agree to exercise all precautions in your interactions with other participants. Like all open forums on the Internet or social media, you should always be careful about what you share in a public forum, and in particular, you should never share your password, social security number or any other personal information.

6. Cut4Cash’s Services.

A. Our Guarantee and Refund Policy.

Most of our services do not carry a specific money back guarantee or exchange policy. However, refund requests are accepted 3 business days after the start date of the current season (season in progress). Refund requests are to be submitted no later than 3 business days after the start of the current season (season in progress). Refund requests are to be submitted via the SEND US A MESSAGE link on the Cut4Cash website at http://www.cut4cash.com. Refund request(s) submitted after the aforementioned 3 business day window will not be honored.

B. Service Descriptions, Price and Other Information.

We have taken reasonable precautions to ensure that all service descriptions, prices and other information shown on our websites are correct and fairly described. However, when ordering services through our websites, please note that:

• Cut4Cash LLC reserves the right to not accept any orders if there is a material error in the description of the service, or if the price advertised is incorrect;

• Cut4Cash LLC reserves the right to refuse or discontinue the supply of any service to any customer, or change, suspend or discontinue any aspect of our websites at any time in our sole and absolute discretion;

• all prices are displayed in United States Dollars unless expressly indicated otherwise;

• when you place an order, we estimate the tax applicable to your order and include that estimate in the total for your convenience (the final tax amount will be based on the then-current rate as established by the taxing authority, charged to your payment card, and reflected in the order confirmation and package invoice we provide to you); and

• all products and services are subject to availability and we will inform you as soon as reasonably possible if any product or service you ordered is not available and whether we may offer you an alternative of equal or higher quality and value.

Please also note that we may be required to change the terms of any services that we offer and/or you purchase. This includes without limitation changes to prices, taxes, specifications and/or delivery times. We will provide you with prior notice of any changes, by posting a notice on our websites, sending an e-mail to you at the address you provided at the time of purchase, or by including a notice in any services you receive. Cut4Cash LLC will not incur any obligation as a result of such change. By continuing to accept services after we have notified you of a change to any terms, you will be deemed to have accepted the change.

D. Your Personal and Payment Information.

When you provide any information to us for any reason, you agree to only provide true, accurate, current, and complete information. By providing any credit card or other payment card information to us, you represent that such payment information is correct, and belongs to you or you have the authority to use such payment card. In the case of e-mail, you must provide an accurate e-mail address that is registered to you. You are responsible for promptly updating your information with any changes, especially to keep your billing information current. You must promptly notify us if your payment card is cancelled (for example, for loss or theft). You agree that your placement of an electronic order on our websites is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.

I. Cut4Cash LLC’s Reservation of Rights.

Cut4Cash LLC reserves the right to suspend or terminate your interaction with any Cut4Cash Services for any or no reason in its sole and absolute discretion, including your access and use or purchase of any services that we provide. If you are accessing, using and/or purchasing any Cut4Cash Services on behalf of a company, you represent you have sufficient authority to bind that company to these Terms.

7. Important Notice About Our Fitness and Nutrition Content.

A. The Cut4Cash Services Do Not Constitute Medical Advice.

Although Cut4Cash LLC provides its services with your health and safety in mind, it is critical that you consult your physician, follow all provided safety and other instructions, and obtain authorization before accessing or using any Cut4Cash Services, especially if you are prone to injuries, are pregnant or nursing, or have any other unique or special medical conditions. THE CUT4CASH SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND ARE NOT INTENDED TO DIAGNOSE ANY MEDICAL CONDITION, REPLACE THE ADVICE OF A HEALTHCARE PROFESSIONAL, OR PROVIDE ANY MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. The information made available on or through the Cut4Cash Services should not be relied upon when making medical decisions. YOUR USE OF ANY CUT4CASH SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND CUT4CASH LLC. Your individual results using Cut4Cash Services may vary. Exercise and proper diet are necessary to achieve and maintain weight loss and muscle definition. The testimonials featured on our websites may have used more than one Cut4Cash service or extended the program to achieve their maximum results.

B. Nutrition Information.

Certain Cut4Cash Services, such as nutrition plans provided with our fitness programs and online nutrition database, provide nutrition, food, caloric and other related information designed to help our customers eat healthy to reach their health and wellness goals. While any nutrition information we may provide is designed to safely align with our related exercise regimens, you must consult your physician before beginning any nutrition plan or altering any dietary regimen, especially if you have any unique or special medical needs or conditions, such as food allergies, dietary restrictions or if you are pregnant or breast feeding.

C. Assumption of Risk.

You expressly acknowledge and agree that your access, use and/or involvement with any Cut4Cash Services may involve potentially dangerous and physical activities that may lead to personal and/or bodily injury, death, loss of services, loss of consortium, or damage to or loss of property and/or privacy. You hereby acknowledge and willingly accept these risks and agree to unconditionally release and hold harmless Cut4Cash LLC from and against all claims, suits, causes of action, costs, expenses or liability arising out of or related to your access, use and/or involvement with any Cut4Cash Services.

8. DISPUTES, BINDING INDIVIDUAL ARBITRATION, AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS.

A. Disputes.

The terms of this Section shall apply to all Disputes between you and Cut4Cash LLC. For the purposes of this Section, “Dispute” shall mean any dispute, claim, or action between you and Cut4Cash LLC arising under or relating to any Cut4Cash Services, Cut4Cash LLC’s websites, these Terms, or any other transaction involving you and Cut4Cash LLC, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND CUT4CASH LLC AGREE THAT “DISPUTE” AS DEFINED IN THESE TERMS SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR CUT4CASH LLC FOR (i) TRADE SECRET MISAPPROPRIATION, (ii) PATENT INFRINGEMENT, (iii) COPYRIGHT INFRINGEMENT OR MISUSE, AND (iv) TRADEMARK INFRINGEMENT OR DILUTION. Moreover, notwithstanding anything else in these Terms, you agree that a court, not the arbitrator, may decide if a claim falls within one of these four exceptions.

B. Binding Arbitration.

You and Cut4Cash LLC further agree: (i) to arbitrate all Disputes between the parties pursuant to the provisions in these Terms; (ii) these Terms memorialize a transaction in interstate commerce; (iii) the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and enforcement of this Section; and (iv) this Section shall survive termination of these Terms. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. The arbitrator may award you the same damages as a court sitting in proper jurisdiction could, and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. In addition, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The decision of the arbitrator shall be final and enforceable by any court with jurisdiction over the parties.

C. Small Claims Court.

Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is within that court’s jurisdiction and is pending only in that court.

D. Dispute Notice.

In the event of a Dispute, you or Cut4Cash LLC must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to Cut4Cash LLC must be addressed to: Cut4Cash LLC, Attn.: Chief Legal Officer PO BOX 5456 Greenwood Village, CO 80155. The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you. If Cut4Cash LLC and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or Cut4Cash LLC may commence an arbitration proceeding pursuant to this Section. Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.

E. WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS.

YOU AND CUT4CASH LLC AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AND CUT4CASH LLC AGREE THAT NO DISPUTE SHALL PROCEED BY WAY OF CLASS ARBITRATION WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES.

F. Arbitration Procedure.

If a party elects to commence arbitration, the arbitration shall be governed by the rules of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”), available at http://www.jamsadr.com or by calling 1-800-352-5267, and under the rules set forth in these Terms, except that JAMS may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims. If there is a conflict between the JAMS Rules and the rules set forth in these Terms, the rules set forth in these Terms shall govern. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to federal, state, or local laws. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. Notwithstanding this broad delegation of authority to the arbitrator, a court may determine the limited question of whether a claim or cause of action is for (i) trade secret misappropriation, (ii) patent infringement, (iii) copyright infringement or misuse, or (iv) trademark infringement or dilution, which are excluded from the definition of “Disputes” as stated above. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone shall take place in a location reasonably accessible from your primary residence, or in Los Angeles County, California, at your option.

G. Initiation of Arbitration Proceeding.

If either you or Cut4Cash LLC decide to arbitrate a Dispute, we agree to the following procedure:

i. Write a Demand for Arbitration. The demand must include a description of the Dispute and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at http://www.jamsadr.com (“Demand for Arbitration”).

ii. Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to:

JAMS 707 Wilshire Blvd 46th Floor Los Angeles, CA 90017, U.S.A.

iii. Send one copy of the Demand for Arbitration to the other party at the same address as the Dispute Notice, or as otherwise agreed to by the parties.

H. Hearing Format.

In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. During the arbitration, the amount of any settlement offer made by Cut4Cash LLC or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Cut4Cash LLC is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.

I. Arbitration Fees.

Claimant is responsible for all applicable JAMS filling, administration and arbitration fees for any arbitration commenced. Cut4Cash LLC shall not pay, or (if applicable) reimburse claimant for, all JAMS filing, administration, and arbitrator fees for any arbitration commenced by claimant pursuant to provisions of these Terms.

J. Opt-out.

You may elect to opt-out (exclude yourself) from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in these Terms by sending a written letter to the Cut4Cash LLC Notice Address within fourteen (14) days of your assent to these Terms (including the purchase of any Cut4Cash Service or use of our websites) that specifies: (i) your name; (ii) your mailing address; and (iii) your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedure set forth above, all other terms shall continue to apply, including the requirement to provide notice prior to arbitration.

K. Amendments to this Section.

Notwithstanding any provision in these Terms to the contrary, you and Cut4Cash LLC agree that if Cut4Cash LLC makes any future amendments to the dispute resolution procedure and class action waiver provisions (other than a change to Cut4Cash LLC’s address) in these Terms, Cut4Cash LLC will notify you and you will have fourteen (14) days from the date of notice to affirmatively opt-out of any such amendments. If you affirmatively opt-out of any future amendments, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this Section as stated in these current Terms, without any of the proposed amendments governing. If you do not affirmatively opt-out of any future amendments, you will be deemed to have consented to any such future amendments.

L. Severability.

If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of these Terms remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section shall otherwise survive any termination of these Terms.

M. Exclusive Venue for Other Controversies.

Cut4Cash LLC and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Section (other than an individual action filed in small claims court) shall be filed only in the The Eighteenth Judicial District court in Arapahoe County Colorado and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.

9. Indemnification; Limitation of Liability.

A. Indemnification.

You agree to indemnify and hold Cut4Cash LLC, its parents, subsidiaries, members, affiliates, shareholders, officers, directors, employees, agents, and suppliers harmless from and against any claim, action, demand, loss, suit, or damages (including attorneys' fees) made and/or incurred by any third party arising out of or relating to your improper use of any Cut4Cash Services, your violation of these Terms, and/or your violation of any rights of a third party.

B. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CUT4CASH LLC OR ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY AND/OR IF WE WERE ADVISED OF SUCH DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO CUT4CASH LLC OR ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ANY CUT4CASH SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF CUT4CASH LLC AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST NINETY (90) DAYS TO CUT4CASH LLC FOR ANY CUT4CASH SERVICES. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN CUT4CASH LLC AND YOU. THE CUT4CASH SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. CUT4CASH LLC WILL NOT BE LIABLE FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CIRCUMSTANCE BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, ANY OTHER NATURAL DISASTER OR WAR.

10. Miscellaneous.

A. International Users.

Our websites are controlled, operated, and administered by Cut4Cash LLC from its offices within the United States of America. Cut4Cash LLC makes no representation or warranty that the materials contained within our websites 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 websites are illegal is prohibited. You may not use the websites or export the content or products in violation of U.S. export laws and regulations. If you access our websites from a location outside of the United States, you are responsible for compliance with any and all local laws, rules, regulations and ordinances.

C. Notices.

All notices required or permitted to be given under these Terms must be in writing. Cut4Cash LLC may provide you notice by sending you an e-mail to the address on file with us, which you agree electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR E-MAIL ADDRESS ON FILE WITH CUT4CASH LLC IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY CUT4CASH LLC OF AN EMAIL TO THAT ADDRESS. You shall give any notice to Cut4Cash LLC by means of U.S. mail, postage prepaid, to Cut4Cash LLC, PO BOX 5456 Greenwood Village, CO 8155, Attn.: Legal Department. Such notice to Cut4Cash LLC shall be effective upon receipt of notice by Cut4Cash LLC.

D. Severability.

If any provision of these Terms (except for Section 7), or a part thereof, shall be unlawful, void or for any reason unenforceable, then that provision or part thereof shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions or parts thereof.

E. Termination.

Notwithstanding anything to the contrary in these Terms, Cut4Cash LLC reserves the right, without notice and in its sole and absolute discretion, for any reason or no reason, to terminate your access and use of any Cut4Cash Services, including to block or prevent your access and use of any of our websites. You agree that Cut4Cash LLC shall not be liable for any termination of your access and/or use of our websites.

F. No Third Party Beneficiaries.

Except as set forth in these Terms, only you and Cut4Cash LLC may enforce these Terms; no third party shall be entitled to enforce these Terms.

G. Survival.

The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination.

H. Waiver.

No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing signed by the Chief Legal Officer of Cut4Cash LLC in order to be effective.

I. Assignment.

Cut4Cash LLC may assign these Terms to any person or entity at any time, for any reason, with or without notice to you.

J. Amendments; Entire Agreement.

These Terms may not be amended unless in a signed writing by an executive (Vice President or above in title) of Cut4Cash LLC. These Terms constitute the final, exclusive and complete agreement between you and Cut4Cash LLC regarding the subject matter hereof and supersede all agreements, communications and course of dealings between you and Cut4Cash LLC.

K. Language.

It is the express intent of the parties that these Terms and all related documents have been written in English.