Acceptance of Terms of Use
By using, visiting, browsing or ordering products or services from the Pacific SportsHealth Management Inc. ("Synergy Performance Health" or “SYNERGY”) website, www.synergyperformancehealth.com (the "Website"), you accept and agree, without limitation or qualification, to these Terms of Use and agree, without limitation, to the terms of our Online Privacy Policy located on our Website at www.synergyperformancehealth.com.

If you do not agree to these Terms of Use, you should not use our services or visit the Website. The Website is available to individuals for use and browsing ("Visitors") and to order any SYNERGY products or services ("Customers"). Acceptance of these Terms of Use constitutes a legal agreement between you and SYNERGY and its related entities. Modifications to the Terms of Use SYNERGY reserves the right to update or revise the Terms of Use at any time without notice, and such modifications shall be effective immediately upon posting. You are bound by any revisions and, therefore, should periodically visit the Website to determine the then-current Terms of Use to which you are bound.

The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" hyperlink located at the bottom of the pages on this Website. The most current version of the Terms of Use will supercede all previous versions. Your use of the Website after changes are made means that you agree to be bound by the SYNERGY Terms of Use and Privacy Policy as they exist at that time. Any privacy information submitted on the Website is subject to the SYNERGY Online Privacy Policy, the terms of which can be found on our Website.

Service Agreement
The content, product and materials for all SYNERGY products and services, as well as ANY and ALL information presented by SYNERGY on the Website, in our email correspondence, newsletters, fulfillment materials, videos, dvd's, diagrams, health and fitness centers or facilities, through contact with customer service or SYNERGY trainers and/or dieticians, and any other contact points Visitors or Customers have with SYNERGY (Collectively "SYNERGY Touch Points") are not intended to substitute for or supercede medical counseling, diagnosis, or treatment.

Before implementing any of the information or recommendations presented through any SYNERGY Touch Point, we ask that you consult with your physician or health care practitioner. Some diagnoses, treatments and prescriptions given by your physician or health care practitioner may be in contradiction with certain meal plans, recipes, exercises and recommendations or information given through SYNERGY Touch Points. All content delivered through SYNERGY Touch Points is intended to educate consumers on diet, exercise and health related topics, but such content is not intended to replace or precede any medical advice or prescription from a licensed medical practitioner.

If you are currently on any prescription medications or have any physical condition or ailment, please discuss the SYNERGY program and its contents with your prescribing physician to ensure that any diet or fitness related information given to you by SYNERGY is appropriate for your condition of health. Customers agree to not disregard, delay or avoid seeking advice from their physician when necessary. If you have any health-related questions or questions about your medications, please discuss them with your physician. SYNERGY reserves the right to refuse membership for any reason, including certain medical conditions.

Terms of Payment
Customers agree to pay all fees as outlined on the web-site during the enrollment process on the Account Summary page. It is acknowledged that from time to time, SYNERGY has different offers and price-points for its various services. The amount to be billed to a customer will be clearly outlined in the offer specific terms and conditions during registration and by continuing with registration after reviewing this information, Customer signifies their agreement to pay such fees and it is recommended that Customer print this page for their records.

Personal Use
Unless otherwise specified, the content delivered through SYNERGY Touch Points are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or offer for sale any information contained on, or obtained from, the Website or any other SYNERGY Touch Points

Your Conduct on the Website
By accessing the Website, you agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website. You also agree not to interfere with the servers or networks connected to the Website or to violate any of the procedures, policies or regulations of networks connected to the Website, the terms of which are incorporated herein. You agree also not to conduct yourself in an inappropriate, offensive, indecent, or vulgar manner while using our service or Website, or use the Website for any unlawful purpose.

Information You Submit
You may not post or transmit any information that discloses private or personal matters concerning any other person. You may not post or transmit any message, data, image, or program that is indecent, obscene, or pornographic. SYNERGY is free to use anywhere, in any media, any comments, information, ideas, concepts, or techniques contained in any communication you may send to SYNERGY without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving this Website, any SYNERGY products and services or other websites. Furthermore, by posting any information on the Website, you grant SYNERGY a nonexclusive, royalty-free, worldwide, perpetual license to display, use, reproduce, or modify that information.

Links
Some of the hyperlinks on the Website may lead to other websites that are not controlled by, or affiliated with, SYNERGY. In addition, other websites may link to this Website. SYNERGY has not reviewed these websites and is not responsible for the content or privacy policies of these websites.

Information About All Website Visitors
In general, our site automatically gathers certain usage information like the numbers and frequency of visitors to the Website and its areas, very much like television ratings that tell the networks how many people tuned in to a program. We only use such data in the aggregate. This aggregate data helps us determine how much our customers use parts of the site, so we can improve our site to assure that it is as appealing as we can make it for as many of you as possible. For example, the Website uses a technology nicknamed "cookies" that tells us how and when pages in our site are visited, and by how many people.

These cookies do not collect personally identifiable information and we do not combine information collected through these cookies with other personally identifiable information to tell us who you are or even what your screen name or e-mail address is. We also may provide statistical "ratings" information, never information about you personally, to our Website partners about how our members, collectively, use the Website.

We do this so they too can understand how much people use their areas and our site in order for them to provide you with the best possible Web experience as well. Finally, the Website, its advertisers and ad servers may also use cookies, as well as small pieces of code called "web beacons" or "clear gifs," to determine on an anonymous basis which advertisements and promotions users have seen and how users responded to them, but do not use these technologies to collect personally identifiable information unless you give us permission to do so.

Limitation of Liability
SYNERGY WORKOUT PROGRAMS, EXERCISE, FITNESS AND HEALTH FACILITES, DIETS AND MEAL PLANS/MENUSARE DESIGNED FOR PEOPLE IN GOOD PHYSICAL HEALTH. SYNERGY MAKES REASONABLE EFFORTS TO CREATE SAFE WORKOUTS, DIETS AND MEAL PLANS/MENUS FOR PEOPLE IN GOOD HEALTH. SYNERGY, ITS OFFICERS, DIRECTORS, OR EMPLOYEES ASSUME NO LIABILITY (JOINTLY OR SEVERALLY) OR RESPONSIBILITY FOR ANY CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH THE USE OF SYNERGY PRODUCTS, SERVICES AND THE WEBSITE. THIS INCLUDES

• ANY AND ALL ILLNESSES, INJURIES, ACCIDENTS, INCLUDING THOSE ILLNESSES, INJURIES AND ACCIDENTS RESULTING IN DEATH, OR TERMINAL MEDICAL CONDITION THAT OCCUR WHILE USING OR AS A RESULT OF USING SYNERGY PRODUCTS, SERVICES OR SYNERGY WEBSITE,
• UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED,
• ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE OR ANY SYNERGY TOUCH POINTS, OR
• ANY FAILURES, DELAYS OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEBSITE OR THROUGH SYNERGY TOUCH POINTS.
  
  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SYNERGY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SYNERGY FOR ANY PRODUCTS OR SERVICES PROVIDED TO YOU THROUGH USE OF THIS WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTION, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnity
You agree to defend, indemnify, and hold harmless SYNERGY, its officers, directors, employees, and agents, from and against any claims, actions, or demands, including, but not limited to, expenses, damages, and costs, and reasonable legal and accounting fees, alleging or resulting from your use of the Web Site or your breach of these Terms of Use. SYNERGY shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.

Disclaimer of Warranty
SYNERGY MAKES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE WEBSITE AND IN ALL SYNERGY TOUCH POINTS. THE MATERIALS CONTAINED ON THE WEBSITE AND THROUGH ALL SYNERGY TOUCH POINTS ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT DELIVERED THROUGH ANY SYNERGY TOUCH POINT, THE WEBSITE; ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEB SITE; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED THROUGH ANY SYNERGY TOUCH POINT OR ON THE WEB SITE; OR ANY CONDUCT BY USERS OF THE WEB SITE.

TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, SCOUT AFFILIATE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATIONS OF RIGHTS.

Intellectual Property
The elements of this website, including, but not limited to, text, graphics, logos, designs and photographs, are protected by United States and international copyright and trademark or other proprietary rights and laws. They should not be reproduced or used without express permission from SYNERGY. The elements of SYNERGY products or services, including text, graphics, logos, designs, videos, fulfillment materials, nutrition and fitness guides, tools, and information, business methods and photographs are protected by United States and international copyright laws. They should not be reproduced, copied, distributed, republished, downloaded, displayed, posted, transmitted, or used in any form or by any means without prior express written permission from SYNERGY.

Refund Policy
SYNERGY offers a 30-day money back guarantee (excluding shipping and handling) on any hard products sold directly through this Website shopping cart store, provided that hard goods are returned to SYNERGY, at the owner's expense, in undamaged condition and in their original packaging. One exception to this is gift certificates which are non-refundable. Regarding continuity or recurring billing programs, SYNERGY has different offers and promotions, including around the length of time Customer agrees to stay with or pay for SYNERGY. The terms and conditions specific to the offer you signed up for are outlined below in the Offer Specific Terms and Conditions Section of this agreement.

SYNERGY always displays these and other specific terms and conditions of any offer or promotion and Customer acknowledges that they will read these terms and conditions and agree to them prior to clicking on the final submit button. All SYNERGY policies, products offered on the Website, and descriptions of these products are subject to change without notice. In ordering products or services through the Website, you agree to provide only true, accurate, current and complete information. You hereby certify that any e-mail account you provide to SYNERGY is registered to you. SYNERGY shall have the right to bar your access to and use of the Website if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to SYNERGY.

You agree that if you are ordering or purchasing products or services on behalf of a company, that you have sufficient authority to bind that company to the Terms. You agree that your placement of an electronic order on the Website is sufficient to satisfy the Statute of Frauds, and no further writing is required. All prices displayed on the Website are quoted in U.S. dollars. SYNERGY may prohibit delivery to addresses outside the United States.

SYNERGY will add shipping and handling fees and applicable sales/use tax. SYNERGY reserves the right without prior notice to discontinue or change specifications and prices on products or services offered on the Website without incurring any obligation to you. Products and services displayed on this Website are available while supplies last. Shipping Unless otherwise noted, SYNERGY will use its best efforts to ship products and services within four weeks of the receipt of a properly completed order. However, any delivery or shipment date provided by SYNERGY to you is SYNERGY'S good faith estimate. You understand that product and service availability may be limited and particular products and services may not be available for immediate delivery. SYNERGY shall not be liable for any loss, damage, cost or expense related to any delay in shipment or delivery.

Severability
If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.