1. Your Acceptance
PODRENALINE(TM) IS A PROVIDER OF DIGITAL CONTENT THAT MAY BE USED BY INDIVIDUALS AS PART OF THEIR EXERCISE PROGRAM. YOU SHOULD CONSULT WITH YOUR DOCTOR BEFORE INITIATING ANY EXERCISE PROGRAM, OTHER STRENUOUS ACTIVITY, OR IF YOU EXPERIENCE PAIN OR DISCOMFORT. IF ANY TIME YOU FEEL FAINT, LIGHTHEADED, SHORTNESS OF BREATH, CHESTPAIN, OR ANY OTHER PAIN OR DISCOMFORT STOP YOUR EXPERCISE IMMEDIATELY. BY DOWNLOADING OR UTILIZING ANY CONTENT OR INFORMATION FROM PODRENALINE YOU AGREE TO RELEASE AND DISCHARGE PODRENALINE, ITS ATHLETES, ITS CONTENT CONTRIBUTORS, ITS EMPLOYEES, AND ITS OFFICERS FROM ANY AND ALL RESPONSIBILITIES OR LIABILITIES FROM INJURY ARISING FROM YOUR PARTICIPATION IN ANY EXERCISE PROGRAM OR ADVICE OBTAINED AT THE WEBSITE OR WHILST USING PRODUCTS OR CONTENT CREATED BY OR RECEIVED BY PODRENALINE.

3. Registration and Use
Certain features or functions offered through the Service (including but not limited to content rankings, discussion boards, weblogs, submitting content, etc.), may require registration and/or account creation. You agree to provide accurate Registration Data and to update your Registration Data as necessary to keep it accurate. Podrenaline will use your Registration Data in accordance with its privacy policy.

You agree that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account.

Your access to and/or use of any Content will be limited by the rules assigned to the Content by Podrenaline ("Usage Rules") and described in this section. You may not attempt (nor support others' attempts) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with any Usage Rules or Content. Podrenaline reserves the right to modify the Usage Rules at any time.

Any Content may be (1) saved to the hard drives of up to three of your personal computers and played back at any time, (2) burned to a CD, and/or (3) transfered to a compatible portable device. You may only burn to a CD each Content up to three (3) times. Once you have burned Content to a CD, you agree not to copy, distribute, or transfer the Workout from that CD to any other media or Device, except as provided herein. You may transfer Content to two portable devices that are compatible with the Usage Rules and security requirements. The burning or transfer capabilities provided for herein shall not operate to waive or limit any rights of the copyright owners in Content or any works embodied in them.

The Service may have features that allow you to exchange messages with other members. Any text or message exchanged via the Service is considered to be in a "Public Area." Podrenaline may, but is not obliged to, restrict your use of interactive or messaging functions, monitor any activity or edit or remove content in Public Areas, or restrict access by other members to your messages. Podrenaline takes no responsibility and assumes no liability for any content, materials, or messages posted by you or other individuals in Public Areas.

You may not use the Service to transmit, display, perform or otherwise make available any messages, content or materials (i) that are illegal, obscene, threatening, of a "spamming" nature, defamatory, or invasive of privacy; (ii) that constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer systems; or (iii) that infringe third-party rights or harm minors in any way; all as determined by Podrenaline in its sole discretion.

4. Intellectual Property Rights
The content on the Podrenaline Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Podrenaline, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions unless expressly stated otherwise. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Podrenaline or the respective owners. Podrenaline reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Podrenaline Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Podrenaline Website or the Content therein. You may not sell, rent, lease, or sublicense the Service or Content. You may not modify the Service or Content or create derivative works based upon the Service or Content. You may not export the Content into any country prohibited by the United States Export Administration Act and the regulations hereunder.

Podrenaline respects the intellectual property rights of others, and it expects you to do the same. If you know of or suspect that any use of the Service constitutes copyright infringement, please send a notice to Legal@Podrenaline.com. The notice must contain all of the information set forth in Section 512(c)(3)(A) of the U.S. Copyright Act, 17 U.S.C. 101 et seq.

If Podrenaline receives a notice alleging that you have engaged in behavior that infringes the intellectual property rights of Podrenaline or a third party, Podrenaline may suspend or terminate your account without notice to you. If Podrenaline suspends or terminates your account under this paragraph, it shall have no liability or responsibility to you.

Podrenaline Content is FREE. Don’t copy it for others; encourage them to download their own.

5. User Submissions
A. The Podrenaline Website may now or in the future permit the submission of audio or video recordings or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Podrenaline does not guarantee any confidentiality with respect to any submissions.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Podrenaline to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Podrenaline, you hereby grant Podrenaline a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Podrenaline Website and Podrenaline's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Podrenaline Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Podrenaline Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service.

C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Podrenaline all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Podrenaline or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. Podrenaline does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Podrenaline expressly disclaims any and all liability in connection with User Submissions. Podrenaline does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Podrenaline will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Podrenaline reserves the right to remove Content and User Submissions without prior notice. Podrenaline will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. Podrenaline also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Podrenaline may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

E. You understand that when using the Podrenaline Website, you will be exposed to User Submissions from a variety of sources, and that Podrenaline is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Podrenaline with respect thereto, and agree to indemnify and hold Podrenaline, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

F. Podrenaline permits you to link to materials on the Website for personal, non-commercial purposes only. Podrenaline reserves the right to discontinue any aspect of the Podrenaline Website at any time.

6. Termination
Podrenaline may in its sole discretion terminate this Agreement or suspend your account at any time without notice to you in the event that you breach (or Podrenaline reasonably suspects that you have breached) any provision of this Agreement or for no reason at all. If Podrenaline terminates this Agreement or suspends your account due to a suspected breach by you, it shall have no liability or responsibility to you.

7. International Considerations
Although the Site is accessible worldwide, all features, products, or functions of the Service may not be available to all persons or in all geographic locations outside the United States. Podrenaline reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. You agree to abide by U.S. and other applicable export control laws. Any offer for feature, product, service, or Content made on the Site is void where prohibited. If you choose to access the site from outside the United States, you do so on your own initiative and are solely responsible for complying with applicable local laws.

8. Promotions and Advertising
You agree that Podrenaline and/or its business partners reserve the right to run advertisements on the Service and in the Content without payment to you. The timing, frequency, placement and extent of advertising by us within Content or the pages comprising Podrenaline.com or Podrenaline and/or its business partners is subject to change and shall be determined by us at our sole discretion. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Podrenaline.com or Podrenaline and/or its business partners including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.

9. Links to Third-Party Sites
The Service and Site may present links to third-party websites not owned or operated by Podrenaline. Podrenaline is not responsible for the availability of these sites or their content. You agree that Podrenaline is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content of any such site or goods or services available through any such site.

10. Remedies
You agree that any unauthorized use of the Service or Content or any related software or materials would result in irreparable injury to Podrenaline and/or its affiliates or licensors for which money damages would be inadequate, and in such event Podrenaline, its affiliates and/or licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this Agreement shall be construed to limit remedies available pursuant to statutory or other claims that Podrenaline, its affiliates and/or licensors may have under separate legal authority.

11. Indemnity
You agree to indemnify and hold harmless Podrenaline and its agents, employees, representatives, licensors, affiliates, parents and subsidiaries from and against any and all claims, losses, demands, causes of action and judgments (including attorneys' fees and court costs) arising from or concerning your breach of this Agreement and your use of the Service or your actual or alleged violation of law or any third-party rights, including, but not limited to, intellectual property rights.

12. Disclaimers
THE SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. NEITHER PODRENALINE, NOR ITS AFFILIATES, SUBSIDIARIES, OR DESIGNEES, NOR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE (COLLECTIVELY, "PODRENALINE ENTITIES") WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THE PODRENALINE ENTITIES DO NOT WARRANT THE ACCURACY, INTEGRITY, OR COMPLETENESS OF THE CONTENT PROVIDED ON THE SITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THE SITE. FURTHER, WE MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. WE SPECIFICALLY DISCLAIMS WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY PODRENALINE ENTITY SHALL CREATE A WARRANTY. YOU EXPRESSLY AGREE THAT THE USE OF THE SITE IS AT YOUR SOLE RISK.

UNDER NO CIRCUMSTANCES SHALL ANY PODRENALINE ENTITY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED AT THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PODRENALINE RECORDS, PROGRAMS OR SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF PODRENALINE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. OTHER THAN WHERE SO RESTRICTED, IN NO EVENT SHALL SUCH DAMAGES OR LIABILITY EXCEED THE AMOUNTS PAID BY YOU TO PODRENALINE FOR THE SERVICE.

13. Law and Legal Notices
This Agreement and any other terms or documents referred to herein represent your entire agreement with Podrenaline with respect to your use of the Service. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The laws of the State of Delaware govern this Agreement and your use of the Service, excluding any conflict of laws provisions. You expressly agree that the courts in the State of Delaware, New Castle County, have exclusive jurisdiction and venue over any claim or dispute with Podrenaline.

14. Contact Podrenaline
You may contact Podrenaline if you have any questions regarding this Agreement or the Service through the appropriate avenues listed in the “Contact Us” section of the Site.

15. PODRENALINE TRADEMARK USAGE GUIDE

Definition of Podrenaline Service
Podrenaline is the provider of the Podrenaline Service ("the Service") and website located at www.Podrenaline.com (the “Site”) that permits you to download digital content - such as sound recordings, videos, and text - under certain terms and conditions as set forth in this Agreement and the Podrenaline Terms and Conditions.

Guidelines for trademarks and copyrights
These guidelines are for Podrenaline licensees, trainers, athletes, customers, and other parties wishing to use Podrenaline’s trademarks, service marks or images in promotional, advertising, instructional, or reference materials, or on their web sites, products, labels, or packaging. Use of the Podrenaline Logo for commercial purposes without the prior written consent of Podrenaline constitutes trademark infringement and unfair competition in violation of federal and state laws. Use of Podrenaline trademarks is prohibited unless expressly authorized by Podrenaline. Unless set forth in a separate agreement, all Licensees, Strategic Partners, Athletes, or Trainers must comply with the following trademark usage guidelines. Podrenaline may modify these guidelines from time to time, and such changes shall be effective upon posting of the guidelines for your review.

The Podrenaline trademarks, service marks, trade names, and trade dress (collectively, the “Marks”) are valuable assets of Podrenaline. By using the Marks, in whole or in part, you acknowledge that Podrenaline is the sole owner of the Marks, and you promise that you will not interfere with the Podrenaline rights in the Marks, including challenging the Podrenaline use or registration of the Marks, alone or in combination with other words, anywhere in the world, and that you will not harm, misuse, or bring into disrepute the Marks. The goodwill derived from using any part of the Marks exclusively inures to the benefit of and belongs to Podrenaline. Except for the limited right to use as expressly permitted under these Guidelines, no other rights of any kind are granted hereunder, by implication or otherwise. If you have any questions regarding these guidelines, please send an e-mail to Podrenaline through the appropriate avenues listed in the “Contact Us” section of the Site.

Authorized Use of Podrenaline Trademarks
Advertising, Promotional, and Sales Materials: Only Podrenaline and its official Sponsored Organizations and Individuals and other Licensees may use the Marks in advertising, promotional, sales materials, or other commercial uses. Podrenaline Official Sponsored Organizations and Individuals may use the Podrenaline Logo only as specified in their Sponsorship or Operating Agreements and such use must always be in conjunction with the appropriate terms that define the relationship authorized by their contract with Podrenaline.
Publications: You may use the Marks in connection with book titles, magazines, periodicals, seminars, or conferences provided you comply with all the following requirements:

The use reflects favorably on Podrenaline, Podrenaline’s athletes and sponsored organizations, and Podrenaline’s products or technology.

Your name and logo appear more prominent than the Podrenaline word mark on all printed materials related to the publication, seminar or conference.

The Podrenaline logo or any other Podrenaline -owned graphic symbol, logo, icon or image does not appear on or in the publication or on any materials related to the publication, seminar, or conference without express written permission from Podrenaline.

A disclaimer of sponsorship, affiliation, or endorsement by Podrenaline, similar to the following, is included on the publication and on all related printed materials: "(Title) is an independent (publication) and has not been authorized, sponsored, or otherwise approved by Podrenaline, Inc."

Web Sites: Web sites that serve only as noncommercial electronic informational forums may use the Marks, provided such use complies with the guidelines set forth in Section 3 above.

Unauthorized Use of Podrenaline Trademarks
Company, Product, or Service Name: You may not use or register, in whole or in part, Podrenaline or any other Podrenaline trademark, including Podrenaline -owned graphic symbols, logos, icons, or an alteration thereof, as or as part of a company name, trade name, product name, or service name except as specifically noted in these guidelines.

Podrenaline Logo and Podrenaline -owned Graphic Symbols: You may not use the Podrenaline Logo or any other Podrenaline -owned graphic symbol, logo, or icon on or in connection with web sites, products, packaging, manuals, promotional/advertising materials, or for any other purpose except pursuant to an express written trademark license from Podrenaline.

Disparaging Manner: You may not use the Marks or any other Podrenaline -owned graphic symbol, logo, or icon in a disparaging manner, as determined by Podrenaline in its sole discretion.

Endorsement or Sponsorship: You may not use the Marks, including Podrenaline -owned graphic symbols/logos, or icons, in a manner that would imply Podrenaline affiliation with or endorsement, sponsorship, or support of a third-party product or service, without express authorization.

Merchandise Items: You may not manufacture, sell or give-away merchandise items, such as T-shirts and mugs, bearing the Marks, including symbols, logos, or icons, except pursuant to an express written trademark license from Podrenaline.

Podrenaline Trade Dress: You may not imitate the distinctive Podrenaline packaging, web site design, logos, or typefaces.
Slogans and Taglines: You may not use or imitate a Podrenaline slogan or tagline.

Domain Names: You may not use the Marks in a domain name.

Copyright Information
You represent that you are the owner of the material you use with Podrenaline, including all music you select to use in your Workouts. Podrenaline is not liable for any action taken against you for illegal use of copyrighted work while using the Podrenaline service.

Reverse Engineering
You may not alter, merge, modify, adapt or translate the Software, Service, or Content or decompile, reverse engineer, disassemble, or otherwise reduce the Software, Service, or Content. You may not sell, rent, lease, or sublicense the Software, Service, or Content. You may not modify the Software, Service or Content or create derivative works based upon the Software, Service, or Content. You may not export the Software, Service, or Content into any country prohibited by the United States Export Administration Act and the regulations thereunder.
The information contained in this web site is subject to change without notice.

Podrenaline™, Inc. 2006 All rights reserved.
PODRENALINE, INC. 10613 Chestnut Ridge Rd. Austin TX. 78726.