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Last Updated: July 2009

Company Overview
Welcome to HCMN Mobile Marketing Program ("the Program"), owned and operated by Captive Media Network, LLC, d/b/a Health Club Media Network ™ (“HCMN” or “We”)). HCMN is the nation's largest provider of advertising and marketing opportunities in health clubs to an array of national brands and advertisers (“Advertisers”); including without limitation, through static panel advertising, digital advertising, and integrated advertising/marketing.

You must be 18 years of age and agree to these Terms and Conditions (“Terms”) to use the Program. HCMN reserves the right to change the Terms at any time. If you cannot agree with these Terms, please do not use the Program. These terms and conditions may be modified from time to time; the date of the most recent revisions will appear on this page. Continued access to the Program by you will constitute your acceptance of any changes or revisions to these terms and conditions. The most current version will be accessible through http://www.hcmn.com/terms.

Service Description
Users will opt-in by texting a keyword to the short code. The services offered will include SMS focused alerts which may include without limitation, content such as fitness tips, recipes and other third party content from Advertisers, as well as promotional offers such as coupons, rebates, discounts, sweepstakes, contests, or other promotions and voting (collectively, the “Promotions”). You agree to abide by any additional Advertiser terms and conditions including without limitation, any contest or sweepstakes and that such additional terms and conditions shall supplement and govern your participation in the Program and such Promotions. HCMN offers you a non-exclusive, revocable, limited license to use the Program under these terms and conditions.

Carrier Fees
Standard third party wireless carrier text messaging fees apply. You understand and agree that SMS messages sent or received in connection with the Program may incur a charge. Please consult your wireless carrier for applicable text messaging fees and associated wireless carrier terms and conditions. Under no circumstances will the Program be responsible for fees that your wireless carrier or other third parties may charge you for use of the Program.

Service/Help Info
To get help, contact us at mobile@hcmn.com, or visit www.hcmn.com. From your mobile phone, text HELP to 44266 (4HCMN). You may also contact us toll-free at 800.468.2211 and ask for the Mobile Marketing department.

Opt-In/ Opt-Out Info
Users will opt-in by texting a keyword (shown on advertisement) to the short code 44266 (4HCMN). Shortly after, the user will receive a text prompting the service requested (SMS focused Promotions.) For certain campaigns, by replying YES (or other double opt-in keyword) to the double opt-in, you are agreeing to the Terms.

You may opt out of the Program at any time by texting STOP, QUIT, END, CANCEL, UNSUBSCRIBE or STOP ALL to 44266 (4HCMN). Alternatively, you can send an email to mobile@hcmn.com with your mobile phone number and STOP, QUIT, END, CANCEL, UNSUBSCRIBE or STOP ALL as the subject line. Upon receipt of the STOP, QUIT, END, CANCEL, UNSUBSCRIBE or STOP ALL request you will be unsubscribed from our SMS text messaging service within 24 hours.

License Terms

Your failure to follow these Terms may result in suspension or termination of your access to the Program, without notice, in addition to our other remedies.
We also reserve the right to discontinue the Program, or change the content or formatting of the Program, at any time without notice to you, and to require the immediate cessation of any specific use of the Program.
You agree that the cell phone number you enter in the Program is registered in your name, and that you will not initiate messages to the cell phone of any other person or entity.
You shall have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which we make the Program available. You shall provide all equipment and software necessary to connect to the Program, including, but not limited to, a mobile hand set or other mobile access device that is in working order and suitable for use, as determined in our sole discretion, in connection with the Program.
You agree not to modify the format or branding of the content or Promotions provided in the Program, or to add any materials, including without limitation, any third party materials or trademarks or logos, or any advertisements or other promotional content, to such Promotions, which shall be owned by us, or our affiliates or licensors or Advertisers and is protected by applicable intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to download and use such content on a designated compatible mobile device, solely for your own personal, non-commercial use. You shall not reproduce, modify, perform, transfer, distribute, sell, create derivative works, reverse engineer or otherwise use or make available such Promotions or the Program except as expressly provided for in these terms and conditions.
We provide the Program and all Promotions "as is" and shall not be held liable for your use of the Promotions, information, content, or material contained therein. You further agree to solely look to the Advertiser in connection with the fulfillment of any of the Promotions prizes and any claims, losses, or other damages you may have in connection with such Promotions. We will not be liable for any delays in the receipt of any messages as delivery is subject to effective transmission from your network operator. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES WITH REGARD TO THE PROGRAM, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE PROGRAM AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR TO YOUR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH PROGRAM MATERIAL OR DATA. Under no circumstances shall we or our affiliates, Advertisers or licensors be liable to you on account of your use or misuse of or reliance on the Program.

Supported Carriers
The Program is currently available to most wireless carriers in the United States, including Alltel, AT&T, Boost Mobile, Cellular One, Cincinnati Bell, Nextel, Sprint, T-Mobile, Verizon Wireless, and Virgin Mobile subscribers. For all of these carriers, our short code number is 44266 (4HCMN). Users can use the Program if they have the ability to send and receive text-messages on their cell phones.

Third Party Offers
The Program provides offers from third party partners. These offers can be redeemed through the participating partner or as directed by the participating partner. HCMN is not responsible for the content and redemption policies of these offers and your personal information will be shared to fulfill these offers in connection with the third party or Advertiser’s privacy policy, which shall control and govern the use of your personal information. Please contact the appropriate partner if you have any questions concerning the offer, its presentation, or its redemption terms and to review their privacy policy.

Termination
HCMN reserves the right, at our sole discretion, to terminate your subscription to the Program at any time without notice without future obligation.

Limitation of Liability
Under no circumstances will HCMN, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES OR ADVERTISERS, OR ANY OF THEIR officers, directors, employees, or agents OR ANY SUCESSORS OR ASSIGNS (THE “HCMN PARTIES”) be liable to you for any damages whatsoever with respect to your use of The Program, including without limitation any direct, indirect, incidental, consequential, exemplary or special damages even if advised of the possibility of the same. To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, THE HCMN parties will be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law in such particular circumstance, and notwithstanding the foregoing, in no event will THE HCMN PARTIES The Program parties be liable for any damages or liability arising under these terms of use or your use of The Program.

Indemnity
You agree to indemnify and hold HCMN PARTIES harmless from any claim or demand, and any damages, costs, or expenses arising in connection with your use of the Program and with such claim or demand, including reasonable attorneys' fees and costs, made by any other party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the right of another party.

Governing Law; Venue
This agreement and its validity, construction and performance will be governed in all respects by the laws, and in the state and federal courts of Los Angeles County, state of California, without regard to its choice of law provisions. You irrevocably agree to accept the exclusive personal jurisdiction and waive any objections to the venue of such courts.