CATHE ONDEMAND AND CATHELIVE VIDEO TERMS OF USE

THIS IS AN AGREEMENT BETWEEN YOU AND CATHE DOT COM (WITH ITS AFFILIATES, “CATHE” OR “WE”). PLEASE READ THESE TERMS OF USE, ALL RULES AND POLICIES RELATED TO THE CATHE ONDEMAND AND CATHE LIVE SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY PRODUCT-SPECIFIC RULES OR USAGE PROVISIONS SPECIFIED ON ANY PRODUCT DETAIL PAGE, IN ANY LINK FROM A PRODUCT DETAIL PAGE, OR ON ANY HELP OR OTHER INFORMATIONAL PAGE FOR THE SERVICE). YOU ACCEPT AND AGREE TO THE TERMS OF THIS AGREEMENT BY CLICKING “MY VIDEOS,” “PLAY,” “RENT,” OR THEIR EQUIVALENT ON THE CATHE ONDEMAND OR CATHE LIVE SERVICES.

1. THE SERVICE

The Cathe OnDemand/CatheLive service (the “Service”) offers digitized versions of Cathe’s workout videos, Cathe’s live workouts, news events, and other video content (collectively, “Digital Content”) and other services under certain terms and conditions as set forth in this Agreement. The Service allows you to access and view Digital Content in two different ways: by streaming a copy, or by renting a copy. As indicated on the product detail pages of the Service, some Digital Content may be available for streaming only, some Digital Content may be available for rental only, and some Digital Content may be available for streaming and rental.

2. COMPATIBLE DEVICES and BROWSERS

In order to be able to stream or rent Digital Content from the Service and to view Digital Content on the Service, you will need to use a personal computer, portable media player, or other device that meets the system and compatibility requirements that we establish from time to time and is otherwise capable of interacting with the Service (each such device, a “Compatible Device”). We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future.We support current Chrome, Safari and IE11 Browsers only. Not all features will work on all browsers and devices.

3. ALL RENTALS AND SUBSCRIPTIONS ARE FINAL.

All rentals, monthly recurring subscriptions, and 6 month and 1 year term memberships of Digital Content are final. We do not accept returns for Digital Content. All sales are final.

4. DIGITAL CONTENT

a. General. The Service may allow you to: (i) rent Digital Content for viewing over a limited period of time (“Rental Digital Content”), (ii) access Digital Content on a subscription basis for viewing over a limited period of time during a subscription period (“Subscription Digital Content”), and (iii) access Digital Content on a free or promotional basis for viewing over a limited period of time (“Free Digital Content”). Digital Content may be available on the Service as Rental Digital Content, Subscription Digital Content, Free Digital Content, or any combination of those. The basis on which Digital Content is available on the Service will be indicated on the product detail page for that Digital Content on the Service. From time to time, we may add or remove Digital Content from the Service and may change the basis on which Digital Content is available on the Service.

b. Usage Rules. Your use of Digital Content is subject to the Service Usage Rules (the “Usage Rules”). The Usage Rules provide important information regarding your use of Digital Content, including the time period during which you are authorized to view different types of Digital Content (the “Viewing Period” for that Digital Content) and limitations on the number and type of Compatible Devices on which each type of Digital Content may be downloaded, streamed, and viewed.

c. Subscriptions. Our subscription services are dynamic services and the specific Subscription Digital Content available and amount of Subscription Digital Content available will generally change over time. We make no guarantee as to the availability of specific Subscription Digital Content or the minimum amount of Subscription Digital Content available in any subscription. Additional terms applicable to a subscription (such as the applicable cancellation policy) will be indicated on the informational pages for that subscription.

d. License to Digital Content. Subject to your payment of any applicable fees (including applicable taxes) to rent or otherwise obtain access to Digital Content, and your compliance with all other terms we specify for Digital Content or the Service, Cathe Dot Com grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license, during the applicable Viewing Period, to access, view, use and display the Digital Content in accordance with the Usage Rules, for Non-Commercial, Private Use. As used herein, “Non-Commercial, Private Use” means a presentation of Digital Content for which no fee or consideration of any kind (other than that which you pay to us to view the Digital Content) is charged or received, which takes place in your private home or apartment or, if outside your private home or apartment (e.g., in a hotel room, dorm room, office, or airport waiting lounge) is limited to a private viewing for you and your invitees. Non-Commercial, Private Use specifically excludes any public presentation (e.g., a presentation in a dorm lounge) and any presentation by a place of public accommodation or other commercial establishment (e.g., a bar or restaurant), even if no fee is charged for viewing the Digital Content. To simplify your viewing and management of Digital Content that has a limited Viewing Period (such as Rental Digital Content and Subscription Digital Content), we may automatically remove that Digital Content from your Compatible Device after the end of its Viewing Period, and you consent to such automatic removal.

e. You are limited to viewing Digital Content on one Compatible Device at a time. Under no circumstances are you permitted to provide login information including username and password, to others for the purpose of sharing your account and rentals/streaming of Digital Content.

f. Streaming. When you stream Digital Content, the resolution and quality of the Digital Content you receive will depend on a number of factors, including the type of Compatible Device on which you are streaming the Digital Content and your bandwidth, which may go up and down over the course of your viewing. If we detect that Digital Content we are streaming to you may be interrupted or may otherwise not play properly due to bandwidth constraints or other factors, we may decrease the resolution and file size of the Digital Content we stream to you in an effort to provide an uninterrupted viewing experience. While we strive to provide you a high quality viewing experience, we make no guarantee as to the resolution or quality of the Digital Content you will receive when streaming.

g. General Restrictions. You may not transfer, copy or display the Digital Content, except as permitted in this Agreement. In addition, you may not: i. sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Digital Content to any third party; ii. remove any proprietary notices or labels on the Digital Content; iii. attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management system used as part of the Service; or, iv. use the Service or Digital Content for any commercial or illegal purpose.

5. ADDITIONAL TERMS

a. Termination. If you violate any of the terms or conditions of this Agreement, your rights under this Agreement will automatically terminate without notice from us, and Cathe Dot Com may, in its discretion, immediately revoke your access to the Service without notice to you and without refund of any fees. In such event, Cathe Dot Com shall have the right, without notice to you, to automatically discontinue your access to Digital Content from the Service.

b. Modification of Service. Cathe Dot Com reserves the right to modify, suspend, or discontinue the Service, or any part thereof, at any time and without notice to you, and Cathe Dot Com will not be liable to you should it exercise such rights, even if your use of Digital Content is impacted by the change.

c. Amendments. Cathe Dot Com reserves the right to make changes to this Agreement at any time. Your continued use of the Service following any such changes will constitute your acceptance of such changes.

d. Third-Party Beneficiaries. Content providers providing Digital Content that you rent or view on the Service are intended third-party beneficiaries under this Agreement.

e. Limitation of Liability. (i) in no event shall our or our software licensors’ total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) arising out of or related to your use or inability to use the Software exceed the amount of twenty dollars ($20.00); and (ii) in no event shall our or our Digital Content providers’ total liability to you for all damages arising from your use of the Service, the Digital Content, or information, materials or products included on or otherwise made available to you through the Service, exceed the amount you paid to us to rent or view the Digital Content related to your claim for damages. These limitations will apply to you even if the remedies fail of their essential purpose.

f. No guarantee is made or implied on service reliability or videos offered. Though we strive to have our system available at all times, there will be times that our site is down and user will not be able to access their subscription videos. Refunds are not given for server outages and interruption of service.

f. Contact Information. For communications concerning this Agreement, please write to Cathe Dot Com, Attn: Legal Department, 626 Delsea Dr N, Glassboro, NJ 08028.