Terms and Conditions



PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.


Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of IO Business Music, LLC. The collective work includes works that are licensed to IO Business Music, LLC. Copyright 2003, IO Business Music, LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with IO Business Music, LLC or purchasing IO Business Music, LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with IO Business Music, LLC or to purchase IO Business Music, LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by IO Business Music, LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of IO Business Music, LLC used in the site are trademarks or registered trademarks of IO Business Music, LLC


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, IO Business Music, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. IO Business Music, LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. IO Business Music, LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability
IO Business Music, LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if IO Business Music, LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a IO Business Music, LLC product is mistakenly listed at an incorrect price, IO Business Music, LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. IO Business Music, LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, IO Business Music, LLC shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by IO Business Music, LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
IO Business Music, LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to IO Business Music, LLC.


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of IO Business Music, LLC products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of IO Business Music, LLC products) must be commenced within one (1) year after the claim or cause of action arises. IO Business Music, LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. IO Business Music, LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a IO Business Music, LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
IO Business Music, LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, IO Business Music, LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, IO Business Music, LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to IO Business Music, LLC in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless IO Business Music, LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, IO Business Music, LLC may link to sites operated by third parties. However, even if the third party is affiliated with IO Business Music, LLC, IO Business Music, LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of IO Business Music, LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, IO Business Music, LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).


OFFER, PAYMENT AND BILLING TERMS AND CONDITIONS

A. MEMBERSHIP TERM AND RENEWAL:
When you sign up for our service, you will select and agree to an initial membership period. The fee for the initial membership period will be charged to the credit card you provide Upon expiration of the initial membership term, unless you have agreed to three or twelve month membership terms, every membership is automatically converted to a month-to-month membership which will continue and renew automatically until cancelled and you will be billed the applicable renewal fee at the outset of each renewal period. [If you sign up for a membership with a three or twelve month initial period, your membership will automatically renew at the end of the initial period for successive renewal periods of the same duration (i.e., a three or twelve month period) unless you cancel and you will be billed the applicable renewal fee at the outset of the renewal period. You are financially responsible for all associated subscription fees until notice of cancellation is received by IO Business Music, subject to the provisions of 2 (B).

The terms of specific special enrollment offers which may be made by IO Business Music from time to time are set forth in Section 2.E below.

B. CANCELLATION POLICY:
You may cancel your subscription at any time, unless the offer you have selected specifically does not permit cancellation within a specified time period. Cancellation will become effective at the end of the then-current membership period and will not be renewed at the conclusion of that period. To cancel online: email customerservice@iobusinessmusic.com . Please be advised that IO Business Music Customer Service department is currently closed for the following holidays, subject to change: New Year's Day (January 1); Memorial Day (last Monday in May); Independence Day (July 4); Labor Day (first Monday in September); Thanksgiving Day (fourth Thursday in November); the day after Thanksgiving; Christmas Eve (December 24); Christmas Day (December 25); and New Year’s Eve (December 31). You will receive confirmation that your membership has been cancelled via email.

If you cancel during a renewal period, you will not be entitled to a refund of the membership fee for that (or any earlier) membership period. If you cancel during the initial membership period you will not be entitled to a refund of the initial membership fee except in the following instances: 1) you sign up through a risk-free trial offer and if a cancellation request is actually received by us in accordance with this policy before 4:59 PM ET on the last day of the initial registration period; or 2) the specific offer you have chosen expressly allows for a refund, in which case you are eligible for a refund of a prorated portion of the initial membership fee as described in detail at the time of registration. If your risk-free trial cutoff date/time falls during a time when our customer service line is closed, your trial period (and your time to cancel) shall be extended to 4:59 PM ET on the next business day that the customer service line is open (Monday if it occurs during the weekend) and if you cancel by such new extended deadline time, we will provide you with a full refund of your first month subscription fee (with no deduction for the extra day of service), per the terms above. If you are entitled to a refund under this provision, you will receive any refund due as a credit to your credit card account. If you do not sign up through the risk free trial offer or other special offer allowing for a refund, or if you decide to cancel your membership at any other time you WILL NOT receive a refund. Because we do not bill on a daily basis, canceling on a Friday versus a Monday will not mean that you are billed for additional days. We will confirm receipt of your cancellation request via email. We are under no obligation to cancel your account or provide any refund unless your cancellation request is actually received by it in accordance with this policy.

C. AUTOMATIC RENEWAL:
After the initial membership term ends, membership will automatically renew on a periodic basis, of one, three or twelve month or thirteen week terms, depending on the offer you have chosen. Membership will renew on the day after the initial membership ends, and renew on the same date of the month at the beginning of the next membership period thereafter. You may cancel your subscription at any time in accordance with Section B above. There is no minimum number of membership terms that you must purchase. After your initial membership term, your credit card will be automatically charged on monthly basis for as long as you remain a Member. For special “Bill for Service” promotions described below, you will automatically receive periodic bills for as long as you remain a Member.

D. PAYMENT AND BILLING POLICIES:
PLEASE NOTE THAT WE ONLY ACCEPT CREDIT CARD PAYMENTS AND DEBIT CARD PAYMENTS AT THIS TIME.

Certain products or Services, including but not limited to enrollment in the Biggestloser.com, may be offered for sale on the Sites. In the event you wish to purchase or to subscribe for any of these products or Services, you will be asked by IO Business Music to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide IO Business Music with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchases. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.

If you open a Member subscription account on any of the Sites, you hereby agree to pay all charges to your account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. IO Business Music reserves the right to change the amount of, or basis for determining, any fees or charges, and to institute new fees, charges or terms effective upon notice to Members.

If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately and without notice, either suspend or terminate your access and account, thereby terminating all of IO Business Music's obligations under this Agreement. You are required to pay any amounts still owed to us at the time your account is suspended or terminated.

To review the billing terms of your account, you may email customerservice@iobusinessmusic.com.

E. SPECIAL OFFERS:
From time to time, the following special offers, among others, may be made by IO Business Music. The listing of these offers does not indicate that they are available to you now or that they will ever be made to you or any other Members or potential Members. These offers shall only be available to you if you receive a valid offer from IO Business Music. If you have agreed to one of these special offers, the following terms and conditions apply:

i. FREE MONTH(S) SUBSCRIPTION PROMOTIONS
Limited Time "Free" Subscription offers are subject to the terms and conditions as follows: 1. These limited time period free subscriptions are available based on a "gift code"; a gift code may be given directly to you to enter on the Sites, or encrypted in a unique URL you use to access the Sites - in either case, the code is designed for one-time use and expires when you register to become a Member. 2. To accept such a free limited time subscription promotion, you will not be required to provide a credit card or any other payment, but you must register as a Member, including choosing an account username and password that will be assigned to your account. 3. Use of the gift code entitles you to free full membership and access to the Sites for a limited period of time (the specific time period will depend on the specific offer), and your free membership will expire at the end of that period - unless you renew your membership, you will no longer have access to the Member section of the Sites once the free membership period has ended. 4. Prior to the end of your free subscription period, we will contact you with invitations to continue your membership beyond the end of the free time period. 5. If you have not agreed to renew prior to the end of your free time period, on your next visit to the Member section of the Sites, you will be asked to provide a credit card to continue your membership for the price and terms set forth under a new, fee-based subscription offer. You will be billed for the amount required pursuant to that new offer as soon as you accept the new offer. Your subscription will then automatically renew per the terms outlined in Section C above. 6. Of course, you may cancel your membership at any time during your free subscription period. Once your free subscription period ends, if you choose to convert to a paid membership, the cancellation policy outlined in Section B above applies.

ii. "2 MONTH RENEWAL"
The "2 Month Renewal" offer is subject to the terms and conditions as follows: 1. The "2 Month Renewal" offer is time limited and must be activated within 14 days of the offer email send date. 2. To accept the "2 Month Renewal" promotion, you must provide the account username and password assigned to your account. 3. If you elect to accept the offer, your account will be altered to reflect the options chosen as soon as payment has been made by crediting your credit card on file.4. The "2 Month Renewal" offer will provide an additional 2 months of the service for the price set forth in the email offer to Members. The offer will be valid for a period of 14 days, at which point the offer will become inactive. For those Members who take advantage of the offer, 2 months will be added to their membership term. You will be billed as soon as you accept the offer. In consideration for the reduced price, NO REFUNDS will be granted for the "2 Month Renewal" program once the offer has been accepted.

iii. 3 MONTH AND 12 MONTH RENEWALS"
The "3 Month and 12-month Renewal" offer will provide access to the Sites for the price set forth in the offer. This offer is available to current Members. You will be billed the applicable renewal fee as soon as you accept the offer. In consideration for the reduced price, NO REFUNDS will be granted for the "3 Month and 12-month Renewal" program once the offer has been accepted.

iv. FREE GIFT(S) with SUBSCRIPTION PROMOTIONS
Limited Time Free Gift(s) with Subscription offers are subject to the terms and conditions as follows: 1. These limited time period free gift(s) with subscription offers are available based on a "offer code"; an offer code may be given directly to you to enter on the Sites, or encrypted in a unique URL you use to access the Sites - in either case, the code is designed for one-time use and expires when you register to become a Member. 2. To accept such a limited time free gift(s) with subscription promotion, you are required to provide a credit card and you must register as a Member, including choosing an account username and password that will be assigned to your account. 3. Use of the offer code entitles you to a free gift or gifts, as indicated in the offer (IO Business Music reserves the right to substitute a gift of equal or greater value), when you pay in full, in advance for a subscription to the Sites at the regular or discounted price and for the term disclosed in the offer. 4. Your subscription will automatically renew after the initial period for additional terms per the terms outlined in Section C above until you cancel. 5. This Offer is only open to residents of the U.S and Canada, excluding Quebec. 6. Of course, you may cancel your membership at any time by following the cancellation policy outlined in Section B above applies.

v. FREE MONTH(S) WHEN YOU SUBSCRIBE PROMOTIONS
Limited Time free month(s) when you subscribe offers are subject to the terms and conditions as follows: 1. These limited time period subscription offers are available based on a "offer code"; an offer code may be given directly to you to enter on the Sites, or encrypted in a unique URL you use to access the Sites - in either case, the code is designed for one-time use and expires when you register to become a Member. 2. To accept this limited time subscription promotion, you will be required to provide a credit card, and you must register as a Member, including choosing an account username and password that will be assigned to your account. 3. Use of the offer code entitles you to a free month(s) of full membership on the Sites, when you pay in full, in advance for the subscription period indicated of Sites membership at the regular or discounted price disclosed in the offer. 4. Your subscription will automatically renew after the initial subscription term per the terms outlined in Section C above until you cancel. 5. Of course, you may cancel your membership at any time by following the cancellation policy outlined in Section B above applies, however NO REFUNDS will be offered for any amounts paid for these offers.

vi. BILL FOR SERVICE PROMOTIONS
Limited Time Bill for Service promotions are subject to the terms and conditions as follows: 1. These limited time period subscription offers are available based on a "offer code"; an offer code may be given directly to you to enter on the Sites, or encrypted in a unique URL you use to access the Sites - in either case, the code is designed for one-time use and expires when you register to become a Member. 2. To accept this limited time subscription promotion, you will be required to provide an accurate, current billing address, and you must register as a Member, including choosing an account username and password that will be assigned to your account. 3. Use of the offer code entitles you to full membership in the Biggestloser.com and full access to the Sites, when you agree to the terms of membership as disclosed in the offer, including the obligation to pay in full for the initial subscription period indicated in the offer and any applicable renewal periods. 4. Your subscription will automatically renew after the initial subscription term per the terms outlined in Section C above until you cancel and you will continue to receive periodic bills for the service. 5. Of course, you may cancel your membership at any time by following the cancellation policy outlined in Section B above applies, however NO REFUNDS will be offered for any amounts paid for these offers.

vii. 30-DAY MONEY BACK GUARANTEE
Customers may be offered a full refund of their service and hardware cost if they cancel their service and return the hardware player within 30 days of purchase. Customers will not receive a refund and will be required to adhere to the full terms of use outlined herein if they do not cancel their service and return their hardware player by 11:59pm Eastern Standard Time of the 30th day after purchase. The customer will be solely responsible for the hardware expense of $149.95 if it is not returned within 30 days, or if the hardware returned is not usable, broken, or damaged in any way, to be solely determined by RadioIO.