THIS WEBSITE AND ANY OTHER URLS AND WEBSITES ADMINISTERED BY THE FULL YIELD, INC. AND ITS AFFILIATES, INCLUDING ANY APPLICATIONS AVAILABLE THEREFROM (COLLECTIVELY, THE “WEBSITE”) OR PRINTED MATERIALS ARISING FROM THE PROMOTION OF THE FULL YIELD, INC. AND ITS PROGRAMS ARE OFFERED BY THE FULL YIELD, INC. AND ITS AFFILIATES (COLLECTIVELY, “THE FULL YIELD GROUP” OR “WE” OR “US”) TO YOU, THE USER, SUBJECT TO YOUR ACCEPTANCE OF ALL THE TERMS AND CONDITIONS SET FORTH BELOW (“TERMS OF USE”). THE TERMS “YOU” AND “USER” REFERS TO ALL INDIVIDUALS AND ENTITIES THAT ACCESS THE WEBSITE.

BY YOUR AFFIRMATIVE ACTIONS OF REGISTERING FOR AND/OR USING THE WEBSITE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE, TO OUR PRIVACY POLICY (AVAILABLE HERE) AND YOUR AGREEMENT TO COMMUNICATE WITH US ELECTRONICALLY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, PROMPTLY EXIT THIS WEBSITE AND DO NOT REGISTER FOR OR USE THIS WEBSITE.

Privacy Policy
The Full Yield Group respects your privacy and believe you should be informed about how we collect, use and disclose your personal information. Please read our privacy policy (“Privacy Policy”) before using the Website.

Modifications to the Terms of Use
We may make changes to the Terms of Use from time to time. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of these Terms of Use or other notice on the Website. A link to the most current Terms of Use will be available on The Full Yield™ Home Page. In the event of significant changes to the Terms of Use, we may also place a special notice on the Website or communicate the changes by email. Your continued use of the Website following the posting of such changes constitutes your acceptance of any such changes. If you do not agree with these Terms of Use, or any revised versions thereof, you may not use the Website.

Age and Eligibility
Membership in the Website is void where prohibited. In order to use the Website you must be at least 18 years of age or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age. Individuals who are under the age of 18 or the legal age to form a binding contract in their jurisdiction if that age is greater than 18 years of age (“Minors”) are prohibited from using the Website and any use or access to the Website by a Minor is unauthorized, unlicensed and in violation of these Terms of Use. Accordingly, if you are a Minor, please do not attempt to register for the Website or send any information about yourself to us, including your name, address, telephone number, or email address. In the event that we learn that we have collected personal information from a Minor, we will delete that information as soon as reasonably practicable. If you believe that we might have any information from or about a Minor, please contact us at: support@thefullyield.com. You represent that the information that you provide about yourself (including your age) as requested in any account enrollment form (the “Enrollment Data”) is accurate and complete.

Agency
You represent that you are using the Website for its intended purpose. The Website is part of The Full Yield™ program and as such, is intended for the use of its enrolled participants.

Precautions
Content found on the Website is for informational purposes only and is not intended to replace the relationship with your physician or other medical provider. We are not a licensed medical care provider and have no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific lifestyle change on a medical condition. You should always consult a physician before starting a fitness program, changing your diet or if you have any questions regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website. The Full Yield Group recommends that you consult with your physician before following any training or nutritional instructions or recommendations you receive through the Website or participating in any event announced on the Website. Not all exercises or activities described on the Website are suitable for everyone. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury and/or death. If you think you may have a medical emergency, call your physician or 911 immediately. If you feel discomfort or pain, immediately stop the activity causing such discomfort or pain. By using the Website, you represent that you have informed your personal physician about your participation and have taken any advice received regarding your participation in the programs, workouts, and exercises described on the Website.

We are not responsible for any health problems that may result from training programs, products, or events you learn about through the Website. If you engage in any exercise program you receive through the Website you agree that you do so at your own risk and are voluntarily participating in these activities.

User-Generated Content
Subject to terms set forth in the Privacy Policy with respect to Private User Generated Content and Public User Generated Content, you hereby grant to The Full Yield Group a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit any text, photographs or other data and information you submit to the Website (collectively, “User Generated Content”) in any media now existing or hereafter developed, including without limitation on websites, in audio format, and in any print media format (the “User Generated Content License”). Furthermore, you hereby grant to the other users of the Website a non-exclusive license to reproduce, transmit, display, disclose, perform, and otherwise use the User Generated Content. “User Generated Content” includes but is not limited to content posted on message board posts, and blogs, recipe submissions and user comments. Subject to the terms and conditions set forth in the Privacy Policy with respect to Private User Generated Content and Public User Generated Content, you hereby waive any rights of publicity and privacy with respect to the User Generated Content and any other legal or moral rights that might preclude The Full Yield Group’s use of the User Generated Content or require your permission for The Full Yield Group to use the User Generated Content. You agree not to assert any claim, whether based on tort, contract, or other legal theory, against The Full Yield Group or its sublicensees relating to The Full Yield Group’s or its sublicensees’ use of the User Generated Content that is in accordance with the terms and conditions set forth in this Terms of Use and the Privacy Policy, and you hereby release The Full Yield Group and its sublicensees from any such claims. You represent that you have all right, title, and interest necessary to post your User Generated Content to the Website and grant the rights provided herein; have full right and power to enter into and perform under these Terms of Use; and have secured all third-party consents, licenses, and permissions necessary to enter into and perform under these Terms of Use. You further represent that your User Generated Content: (1) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights; (2) will not violate any law, statute, ordinance or regulation; (3) will not be obscene or contain child pornography; (4) will not contain any viruses, worms, time bombs or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (5) will not violate any third party’s rights of publicity or privacy; (6) will not be defamatory, unlawfully threatening or harassing, harmful to minors in any way, or otherwise offensive or inappropriate; and (7) that The Full Yield Group, our customers, and our licensees shall not be required to make any payments with respect to the User Generated Content, including but not limited to payments to you or third parties. You are responsible for complying with all laws applicable to your User Generated Content.

Enrollment and Password
You are responsible for maintaining the confidentiality of your login information and password. You shall be responsible for all uses of your login information, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your login information or password. You grant The Full Yield Group the right to use your information in connection with the operation of the Website. The Full Yield, subject to the Privacy Policy, cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information submitted.

You represent that the information that you provide about yourself as requested in The Full Yield™ Account Enrollment Steps (the “Enrollment Data”) is accurate and complete, and you agree to update your account information, as necessary, including providing The Full Yield Group with your current contact information and email address, so that you may receive notifications and other account-related communications. If you have selected to pay the program fee with installment payments, you have committed to keep your credit card on file updated with the current credit card number, expiration date and security code. If your credit card is denied for any reason, you agree to update the information within 30 days or your member access will be denied. If your member access is denied, you will need to contact support@thefullyield.com (1-888-385-5943) to have your member access reinstated. At that time, you will have a one-time fee processed for any unpaid balance to date and a new recurring payment schedule established to cover the remainder of the 12-month program.

All fees paid to The Full Yield are non-refundable. In the event you wish to formally terminate your membership, you must do so in writing and send to: The Full Yield, Inc. attention: Enrollment, 100 Conifer Hill Dr., #102, Danvers, MA 01923. The Support staff will process your membership termination within 10 business days and confirm that process with written confirmation to email address on record. If you elected to pay the program fee in installments, your credit card on file will be charged the remaining balance for the 12-month membership with a one-time charge and then the recurring billing will be terminated as well as your member access.

Ownership of the Website
Except for the User Generated Content, the Website and all aspects thereof, including all content and applications available via the Website, and all copyrights, trademarks, and other intellectual property rights therein, is owned by The Full Yield Group or its licensors. You acknowledge that the Website and any underlying technology used in connection with the Website contain The Full Yield Group’s intellectual property and proprietary information. You may not reproduce, distribute, modify or create derivative works of, publicly display (including by framing any content), or commercially exploit any part of the Website, including any applications available via the Website, except as necessary to view the content on the Website or use an application available via the Website and create a reasonable number of copies of portions of such content and applications (without modification) for your personal, non-commercial use, provided you keep intact all copyright, trademark, and other proprietary notices. All rights in the Website not expressly granted by The Full Yield Group to you are retained by The Full Yield, Inc. and its licensors.

If you violate any of these Terms of Use, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed materials.

You may not use automated systems (e.g., robots, spiders, etc.) to access the Website. You agree not to collect personally identifiable information of other users of the Website or to sell or otherwise exploit that information. You agree not to use the Website in any manner that could damage, disable, overburden or impair the Website.

Without our express, prior, written permission, it is expressly prohibited to: (a) “frame” the Website or any User Generated Content or otherwise cause the Website or any User Generated Content to appear in a window with any other material that does not constitute User Generated Content; (b) cause the hyperlink to the Website, or the Website or any User Generated Content, to be displayed in any way that is disparaging to The Full Yield, Inc. or any entity that is affiliated or associated with The Full Yield, Inc; or (c) otherwise imply or state that any type of relationship or special arrangements exist with The Full Yield Group and any other entity.

Email Rules
Some of our users will make their email addresses available if they wish to converse with other users with similar interests or goals. If you use this information, you agree not to transmit “spam” or other unwanted solicitations, or any material that is harassing, threatening, offensive, obscene, abusive, harmful, defamatory, invasive of another’s privacy, infringing of another’s intellectual property rights, or illegal. Users found using email information in this manner may be stripped of their membership. We are not responsible for the content of onsite messages or email messages sent to you by our users.

Community Pages
There are several areas on the Website on which users may post information, including Message Boards, blog pages, and Team-building/messaging pages. The Full Yield Group does not endorse any information posted on the Community Pages and posts made by users do not necessarily reflect the views of The Full Yield Group. Information on the Community Pages should not be taken as medical advice and we are not responsible for such information or for editing any factual errors or making any type of corrections to such information. Any action taken by you based on information presented on the Community Pages is at your own risk.

In using our Community Pages you agree to follow our Community Guidelines (see additional Forum Participation guidelines) which includes the following provisions: Respect everyone’s opinions. Even though you might not agree with someone, that doesn’t mean they are wrong or deserve to be belittled. Remember that what works for you may not work for everyone else. Give everyone the same courtesy you would expect in return.

• Do not post profane or explicit content.
• Do not post profile pictures that might be considered inappropriate.
• Do not post communications that could be interpreted as threatening or harassment.
• Do not post advertisements or promote products commercially.

If you have started a thread (such as a journal) that you want to close, please post a message indicating “THREAD CLOSED.” We may determine in our sole discretion whether to close or delete threads.

The Full Yield Group has the right to remove a post on the Community Pages if it does not meet these standards or for any other reason The Full Yield Group deems appropriate.

User Organized Meetings
The Website provides tools that allow users to organize and host offline, in-person meetings, group activities and events with other users of the Website at public or private venues (i.e. team participation in physical activity). The Full Yield Group does not sponsor, organize or control these meetings. Your attendance or participation in any group activity as the result of your participation in the program is solely at your own risk. You understand that The Full Yield Group does not in any way screen the organizers of an activity or any other users on the Website, nor does The Full Yield Group attempt to verify the statements of the organizers of these meetings or any other users on the Website. The Full Yield Group is not responsible or liable in any manner for any loss or damage arising out of your attendance or participation in any such activity, and you hereby waive and release The Full Yield Group from any and all claims arising from or related to your participation in any such user organized activity.

User Disputes Your communications, dealings or meetings with any other users on the Website, including communications, dealings or meetings initiated through the Website, are solely between you and such users, and you are solely responsible for such communications, dealings or meetings. The Full Yield Group reserves the right, but has no obligation, to monitor disputes between you and any other users on the Website. The Full Yield Group is not responsible or liable in any manner for any loss or damage arising out of your communications, dealings or meetings with any other users.

Copyrighted Materials
When referring to news reports or articles in your posts on the Website, including references to reports and articles appearing on other sections of the Website, please post only a few sentences for the reader’s information and reference and include a link to the rest of the content on the original site. Do not post articles, news reports, photographs, graphics, images, audio, or other copyrighted material in their entirety (or substantial portions thereof) unless you have obtained written permission from the relevant copyright owner(s). Any unauthorized posting of any of the foregoing to the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or civil and criminal statutes, and you will be responsible for any liability arising from such violations. If you feel that any content on the Website infringes your copyrights or other intellectual property rights, please contact The Full Yield, Inc.

User Indemnification of The Full Yield Group
Upon request by us, you agree to defend, indemnify and hold The Full Yield, Inc. and its partners, affiliates, service providers, licensors, officers, directors, employees and agents harmless from and against any and all losses, liabilities, damages and costs, including but not limited to reasonable legal and accounting fees, arising from any claims, actions or demands related to or alleged to relate to: (a) your use of the Website, including any User Generated Content you post, store, reproduce, display, or distribute via the Website and any meeting you arrange via the Website; (b) your violation of the Terms of Use; or (c) your violation of any intellectual property or other third party rights or any applicable law in connection with your use of the Website. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting and available defenses.

User Conduct
If we determine that any user is not using the Website responsibly, we have the right (but not the obligation) to remove, edit, block, or delete such user’s transmissions, User Generated Content, or use of the Website. We also have the right (but not the obligation) to suspend or terminate your access to and use of Community Pages or other parts of the Website, or delete information you have posted to the Website, without prior notice if you engage in any conduct that we believe, in our sole discretion: (a) violates any provision of the Terms of Use, (b) violates the Community/Forum Guidelines, (c) is offensive to other users, (d) violates the rights of The Full Yield, Inc., or (e) could cause The Full Yield, Inc. liability. Without limiting the foregoing, upon any termination of your account or access to the Website we may delete all User Generated Content and other information related to your Community Pages. If The Full Yield, Inc. suspects that your Enrollment Data is inaccurate or incomplete, we may suspend or terminate your account.

Changes to Website
The Full Yield Group may change or discontinue, temporarily or permanently, any feature or component of the Website at any time without further notice. A reasonable attempt to notify Users will be made through the website of any significant changes. In addition, we may, without notice to the applicable user, terminate individual Community Pages that have been inactive for more than 30 days, but have no obligation to do so. You agree that The Full Yield Group shall not be liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Website.

Third Party Websites
The Website may provide links or references to websites operated by third parties. We do not monitor or investigate such websites and we are not responsible for the content, functionality, or practices of such websites and make no representations whatsoever about any such websites. Inclusion of links to third party websites on our Website does not imply approval or endorsement of the linked website by us. If you decide to leave our Website and access these third party websites, you do so entirely at your own risk. The Full Yield Group suggests that you read the terms of use and privacy policies (if any) on those third party websites. You agree that The Full Yield Group has no liability for any damage or loss of any type that is a result of your use of a third party website.

Disclaimer of Warranties as to Website
The use of the Website is provided by The Full Yield Group on an AS IS basis, without any warranties, including but not limited to any warranty that the use of the Website will be uninterrupted or secure, that the Website will be available at any time or from any particular location, that the Website is error-free, that defects in the Website will be corrected, that the Website is free of viruses or other potentially harmful components or that its use does not infringe any patent, copyright or trademark of anyone other than The Full Yield, Inc.

Warranties as to Content and Goods
The information, advice and other services contained in or available through the use of the Website, including but not limited to The Full Yield Group’s program of dietary, lifestyle and exercise recommendations, are based on current scientific studies of large groups of people. The Full Yield Group cannot and does not guarantee the results that any particular person will achieve through the adoption of its program. FURTHER, THE FULL YIELD GROUP DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR NON-INFRINGEMENT AS TO SUCH INFORMATION, ADVICE AND SERVICES, AND AS TO ANY GOODS PURCHASED FROM OR OTHERWISE ASSOCIATED WITH THE FULL YIELD GROUP.

Limitation of Liability
The aggregate liability of The Full Yield Group to any person in connection with his or her use of the Website, any information, advice or other services contained in or available through the use of the Website, or any goods purchased from or otherwise affiliated with The Full Yield Group, shall not exceed $100. IN NO EVENT WILL THE FULL YIELD GROUP BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOST DATA, ARISING OUT OF THE USE, INABILITY TO USE OR RESULTS OF USE OF THE WEBSITE, THE INFORMATION, ADVICE OR OTHER SERVICES CONTAINED IN OR AVAILABLE THROUGH THE USE OF THE WEBSITE, (INCLUDING BUT NOT LIMITED TO THE FULL YIELD’S PROGRAM OF DIETARY, LIFESTYLE AND EXERCISE RECOMMENDATIONS) OR ANY GOODS PURCHASED FROM OR OTHERWISE ASSOCIATED WITH THE FULL YIELD GROUP WHETHER SUCH DAMAGES ARISE FROM BREACH OF WARRANTY OR OTHER CONTRACT BREACH, NEGLIGENCE OR OTHER TORT OR ON ANY STRICT LIABILITY THEORY. These limitations shall not apply to personal injuries suffered by any person.

Electronic Contracting
Your affirmative act of using this Website and/or enrolling in the Website program constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically.

General
The Terms of Use and the resolution of any dispute related to the Terms of Use or the Website shall be governed by and construed in accordance with the laws of the State of Massachusetts without respect to its conflict of laws principles. You shall bring any legal action or proceeding against The Full Yield, Inc. related to the Website exclusively in a federal or state court of competent jurisdiction sitting in Boston, Massachusetts and you agree to submit to the personal and exclusive jurisdiction of such courts. If any provision(s) of the Terms of Use is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The Full Yield Inc.’s failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by The Full Yield, Inc. in writing. These terms and conditions constitute the entire agreement between you and The Full Yield, Inc. with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party and any attempt to do so is void.