P90X^® Qualification Terms and Conditions

Please carefully read these P90X^® Qualification Program Terms and Conditions (collectively with any amendments hereto, "Terms and Conditions"). By purchasing, enrolling, or in any way participating in the P90X Qualification Program from Beachbody, LLC ("Beachbody") or Team Beachbody ("Team Beachbody", and together with Beachbody, "we", "our" or "us"), you ("you") agree that the following Terms and Conditions apply to and govern your purchase, enrollment, participation in, and other activities relating to the P90X Qualification Program, and that you are at least 18 years of age.

These Terms and Conditions apply to the P90X^® Qualification Program and are different than and separate from the terms and conditions governing the P90X^® Certification Program. To participate in the P90X Certification program, you must acknowledge and agree to terms and conditions specifically relating to that program, which may be accessed through P90XCertification.com.

We reserve the right to add, delete and/or modify these terms and conditions without notice to you at any time in our discretion. By purchasing and/or enrolling in the P90X Qualification Program, you agree to Team Beachbody's privacy policy and website terms of use (located at teambeachbody.com/tbb/privacy and teambeachbody.com/tbb/terms-of-use, respectively).

If you do not agree to the Terms and Conditions, please do not purchase, enroll, or participate in the P90X Qualification Program.

• P90X^® Qualification Description. The P90X Qualification Program ("P90X Qualification Program" or "Qualification Program") is for P90X enthusiasts who want to take their knowledge and familiarity with P90X to the next level. Upon purchasing and enrolling in the Qualification Program, and subject to these Terms and Conditions, you will receive access to the P90X Qualification online instructional and testing tool ("Online Tool"). The Online Tool provides detailed information about the various components of the P90X program (including P90X's origins and development, nutrition, and the workouts themselves, including the science behind Muscle Confusion™) and then tests your knowledge via a series of multiple choice examinations. If you successfully complete the online testing for the Qualification Program, you will become "P90X Qualified" and receive a Qualification Certificate and access to a P90X Qualified eBadge issued by Beachbody. These items will demonstrate to others that you have developed an advanced knowledge of the P90X program, passed the Qualification Program tests, and met the Qualification Program's requirements.
• Becoming P90X Qualified. In order to become P90X Qualified and gain access to your Qualification Certificate and eBadge, in addition to meeting all requirements of these Terms and Conditions, you must complete the following steps:
  • Become a Team Beachbody Member. You must be a member of the Team Beachbody online community and have a Team Beachbody account. There are two ways to become a member of the Team Beachbody online community – you can register and become a member of the Team Beachbody VIP Club ("Beachbody Club"), or you can register and become a basic member of the Team Beachbody online community. To register, simply follow the instructions at www.teambeachbody.com/signup, including completing the information required on your profile page.
  • Purchase and Enroll in the P90X Qualification Program. Go to www.P90XCertification.com, select the Qualification Program (not the Certification Program) and purchase and enroll in the P90X Qualification Program, including accurately providing all information requested in the enrollment process.
  • Pass the Qualification Program Online Test. Once you have purchased and enrolled, you must sign in to the P90X Qualification Program website within sixty (60) days of purchase to access the Online Tool and begin the online training and testing. The link to the sign in page will be provided in a confirmation email sent to the email address you provide once you have completed your purchase. You are required to read all of the materials and correctly answer 80% of the total multiple choice questions presented in the Online Tool. If you achieve an overall score of 80% or higher on the examination questions, Beachbody will provide you with a link to download your P90X Qualified Certificate and access to the P90X Qualified eBadge.
• Availability and Purchase Requirements. Subject to applicable laws, rules and regulations, enrollment in the Qualification Program is open to all persons aged 18 or older. Beachbody strongly recommends that you have purchased the P90X Extreme Home Fitness kit so that you can use it as an easy reference point and be familiar with the P90X program and kit contents (including the DVD materials and the fitness and nutrition guides); however, no purchase of the P90X Extreme Home Fitness kit is necessary to become P90X Qualified.
• Restrictions and Limitations
  • In addition to all other restrictions, terms, and conditions herein, you agree that, without the prior, express written approval of Beachbody, you shall not:
    • Use any Beachbody Intellectual Property (defined below) in any domain names or URLs; keywords, adwords, sponsored ads, or other similar advertising buys; user or account names, user IDs, handles or any other identifiers within any blogs, social networking web sites, or any "posting" sites;
    • Copy, reproduce, create derivative works of, distribute, or sell any Beachbody Materials (defined below), including but not limited to the P90X Qualification Program materials appearing online or otherwise made available to you by Beachbody;
    • Use any Beachbody Materials, except for your P90X Qualified Certificate, in any advertising or promotional materials (including but not limited to audio, video, print, and electronic advertising or promotional materials);
    • Use any Beachbody Materials, the P90X Qualified Certificate, or the P90X Qualified eBadge in connection with any products or services not provided by Beachbody, including in the advertising, promotion, sale or use of same;
    • Use or encourage any third party to use any of the Beachbody Materials on any goods, including any apparel (including, for example, T-shirts, caps or other similar items); or
    • Make any claims (which include personal testimonials) as to therapeutic, curative, or diagnostic properties of P90X or any products or services offered by Beachbody, except those specific claims contained in official Qualification Program literature. Claims in the official Qualification Program literature may only be repeated or republished in exactly the same format as that published by Beachbody and the claim must be republished in its totality. In particular, you may not make any claim that Beachbody products are useful in the cure, treatment, diagnosis, mitigation, or prevention of any diseases.
  • You understand, acknowledge and agree that:
    • Enrolling in and/or completing the Qualification Program does not "qualify" or "certify" you to provide any P90X-based training (or any other training based on any Beachbody product) to Rev. 2/1/12 customers, clients or other individuals, and that any provision of such services will be subject to separate terms and conditions;
    • You may be subject to testing or other similar review and renewal processes by Beachbody on a yearly or other basis in Beachbody's sole discretion to ensure that you remain up to date and knowledgeable with the latest in P90X and related products and services;
    • You may not sub-license, rent, transfer or otherwise allow any third party to use your P90X Qualified Certificate or P90X Qualified eBadge;
    • You may only display the P90X Qualified eBadge on your own Facebook page, via the link provided to you by Beachbody if you successfully complete the Qualification Program; any other display of the P90X Qualified eBadge by you is expressly prohibited; and
    • Neither the P90X Qualified Certificate nor the P90X Qualified eBadge constitute a "professional" license or certification of any kind, and are not recognized or endorsed by any National Accredited Certifying Training Organization.
• Cancellation and Refund Policy. As set forth above in Section 2, you will have sixty (60) days from the date of purchase and enrollment in the P90X Qualification Program to access the Online Tool and begin the P90X Qualification Program training and testing materials. If you wish to cancel your enrollment, you will receive a refund of the purchase price only if: (i) you have not logged into the Online Tool; and (ii) Beachbody receives your cancellation request within sixty (60) days of your purchase of the Qualification Program.
• Termination. Your P90X Qualified status shall be revoked and terminated immediately in the event that: (i) you breach any of the terms, conditions, or provisions hereof; (ii) you take any action or conduct deemed by Beachbody, in its sole discretion, to be detrimental to Beachbody, the P90X brand and products and services, and/or any Beachbody Intellectual Property; or (iii) Beachbody discontinues offering the P90X Qualification Program.
• Beachbody Ownership
  • Intellectual Property. You acknowledge and agree that Beachbody is and at all times will be the sole owner of (a) all trademarks, trade names, trade dress, logos, other indicia of origin, designs, inventions, patents, original works of authorship and other copyright protected materials, trade secrets, methods and processes, concepts, ideas, and other intellectual property or proprietary information Beachbody owns and/or uses on or in connection with its products, services and/or business, including the P90X Qualification Program (collectively, "Beachbody Intellectual Property"); and (b) all advertisements, promotional or marketing materials, still and moving images and other recorded material, text, prints, packaging, and any other materials Beachbody owns and/or uses on or in connection with its products, services and/or business including the P90X Qualification Program (collectively with Beachbody Intellectual Property, "Beachbody Materials").
  • Limited License. Subject to your passing the Qualification Program testing, meeting the Qualification Program requirements, and your compliance with these Terms and Conditions, you are acquiring and Beachbody grants you a personal, limited, non-exclusive and non-transferable license to download and display your personal P90X Qualified Certificate and P90X Qualified eBadge for your own personal, non-commercial use. Notwithstanding the foregoing, if you are an Independent Team Beachbody Coach, you may display your personal P90X Qualified Certificate and P90X Qualified eBadge in connection with your Coach business. All other commercial use is expressly prohibited. You agree you will not make any use of the P90X Qualified Certificate or P90X Qualified eBadge contrary to this License or these Terms and Conditions.
  • Acknowledgement. You acknowledge and agree that Beachbody is and at all times has been and will be the sole and exclusive owner of all rights in and to the Beachbody Materials, including all goodwill associated with the Beachbody Intellectual Property. You will do nothing inconsistent with Beachbody's sole and exclusive ownership of the Beachbody Materials, and nothing in these Terms and Conditions shall be construed as a transfer or assignment of any rights to you in or to the Beachbody Materials, or any portion(s) thereof. Any and all use by you of the Beachbody Materials shall inure to the sole benefit of Beachbody. You agree that you will not make any modification to any Beachbody Materials or use, exploit, or exhibit any Beachbody Materials except as expressly authorized herein.
• Use of Name, Image or Likeness. You hereby grant Beachbody (including its parent, affiliates, subsidiaries, representatives and assigns, employees, advertising and promotional companies, or any person(s) or corporation(s) acting under its permission or authority) a perpetual, royalty-free license to publish, reproduce, distribute, videotape, photograph, record, create derivative works of, and/or otherwise use your name, image, voice, statements and/or likeness ("Likeness") in connection with the Qualification Program, and/or any Beachbody promotion or advertisement, in any media now known or hereinafter devised, in such manner, for such purposes and with such frequency as Beachbody shall determine in its sole discretion without further compensation or consideration to you, without any attribution to you, and without further authorization by you.
• Use of Personal Information. Beachbody may use your personal information to process your enrollment in the P90X Qualification Program, to improve our business and offerings, and to communicate with you. We may also use your personal information to personalize our website(s), to target advertising or promotions that may be of interest to you, to conduct business in any manner that we, in our sole discretion, deem appropriate, and to analyze aggregate user data in order to improve our services. On occasion, we may also contact you about Beachbody's or any of its business units' or partners' products or services that we think you will find useful. We might also contact you to see if you are interested in participating in market research regarding Beachbody. For information about opting out of such communications, please see our Opt-Out Policy, located at beachbody.com/product/about_us/privacy_policy.do.
• Indemnification. You agree to indemnify and hold harmless Beachbody, its parents, subsidiaries, shareholders, officers, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your purchase of or participation in the P90X Qualification Program, any violation by you of these Terms and Conditions, or your violation of any rights of a third party.
• Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT YOUR PURCHASE OF AND PARTICIPATION IN THE P90X QUALIFICATION PROGRAM IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THE P90X QUALIFICATION PROGRAM AND ANY WEBSITE(S) RELATED THERETO, AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE QUALIFICATION PROGRAM AND WEBSITES AND OTHERWISE ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALTHOUGH BEACHBODY STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO ITS WEBSITES, BEACHBODY DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT ANY QUALIFICATION PROGRAM-RELATED WEBSITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, BEACHBODY DOES NOT WARRANT THAT ACCESS TO THE P90X QUALIFICATION PROGRAM OR ANY RELATED WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.
  BEACHBODY DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE P90X QUALIFICATION PROGRAM OR ANY Rev. 2/1/12 RELATED WEBSITE WILL BE MAINTAINED. TO THE EXTENT ALLOWED BY LAW, BEACHBODY DISCLAIMS ALL WARRANTIES NOT EXPLICITLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
  The terms of this section survive any termination of the Terms and Conditions.
• Limitation of Liability. EXCEPT IN CONNECTION WITH A PARTY'S INDEMNIFICATION OBLIGATIONS AND/OR THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF A PARTY, A PARTY'S TOTAL CUMULATIVE LIABILITY TO THE OTHER PARTY, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THREE (3) TIMES THE AMOUNT PAID BY YOU TO PURCHASE AN ENROLLMENT IN THE P90X QUALIFICATION PROGRAM. EXCEPT IN CONNECTION WITH A PARTY'S INDEMNIFICATION OBLIGATIONS, AND/OR THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF A PARTY, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER SUCH LIABILITY ARISES FROM CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE PARTIES HAVE AGREED THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.
• General Provisions
  • Governing Law. These Terms and Conditions shall be governed and interpreted in accordance with the laws of the State of California (without regard to the choice of law or conflicts of law principles thereof). In the event of a dispute arising out of or in any way relating to these Terms and Conditions or the P90X Qualification Program, jurisdiction and venue shall lie in the state or federal courts of the State of California, County of Los Angeles, and only in such courts. The parties hereby irrevocably waive any objections or defenses based on lack of jurisdiction, improper venue, and/or forum non-conveniens. To the extent allowed by law, the parties hereby waive the right to a jury trial in any action arising out of or in connection with these Terms and Conditions and the P90X Qualification Program, and agree that any claims, disputes, or actions of any kind shall be resolved individually, without resort to any form of class action.
  • Relationship of the Parties. You acknowledge and agree that your participation in the P90X Qualification Program does not establishing an employer/employee, partnership, franchise, agency, joint venture or other similar relationship between you and Beachbody. Neither party shall have, or represent itself as having, the authority to bind or commit the other party in any way, or to incur any liability in the name of or on behalf of the other party. You shall not make any statements or take any actions that reasonably may confuse or mislead any person regarding the nature of the relationship between you and Beachbody.
  • Severability. If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. The terms of this section survive any termination of the Terms and Conditions.
  • Other Important Terms. These Terms and Conditions supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. We may assign, transfer, or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. No delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy, nor shall it affect our ability to subsequently exercise that right or remedy. Any waiver of any provision in these Terms and Conditions must be agreed by us in writing.