TMF FITUNATE LLC values and respects your privacy. This Privacy Policy is designed to explain how we collect, use, share, and protect the personal information you provide when you access the website, purchase our goods or services, or engage with us on social media, as well as your own rights to the information we collect.



You are encouraged to review the Privacy Policy whenever you visit our website or engage with us on social media and other platforms to make sure you understand how any personal information you provide will be used.



By using the website or its content, you consent to this Privacy Policy, whether or not you have read it.



CHANGES TO THIS PRIVACY POLICY



This Privacy Policy is subject to change by TMF FITUNATE LLC at any time and at our discretion without notice by updating this posting.



We will alert you to any changes to this Privacy Policy by changing the “Last Updated” date at the top of this Privacy Policy. We will alert you to any significant changes in the way we treat your personal information by sending an email to the primary email address specified by you in your account, by placing a prominent notice on our website, and by updating any new privacy policies on this page. Any changes become effective immediately upon publication on the website, and you waive specific notice of any changes to the Privacy Policy by continuing to use and access the website, our products and services, and our content, and when you engage with us on social media. You are deemed to have accepted any changes to any revised Privacy Policy by your continued use of our Website and/or Content after the revised Privacy Policy has been posted.



If you have questions about this policy, please contact us via email at support@toniafisher.com or by mail at TMF FITUNATE LLC, PO BOX 805732, Chicago, IL 60680.



IMPORTANT: BY USING THE WEBSITE AND/OR ANY OFFERINGS OR CONTENT AVAILABLE ON THIS WEBSITE, YOU GIVE YOUR CONSENT THAT ALL PERSONAL DATA THAT YOU SUBMIT MAY BE PROCESSED BY US IN THE MANNER AND FOR THE PURPOSES DESCRIBED BELOW. IF AT ANY TIME YOU CHOOSE NOT TO ACCEPT THIS PRIVACY POLICY, PLEASE DO NOT USE THE WEBSITE OR ENGAGE WITH TMF FITUNATE LLC.



WHAT DOES THIS PRIVACY POLICY COVER?



This Privacy Policy covers the treatment of personally identifiable information (“Personal Information” ) gathered when you are using or accessing our website, products, and services, and engaging with us on social media. Please note that this Privacy Policy applies only to our website or your direct engagement with us. This website may contain links to other websites. Please be aware that we are not responsible for the privacy practices of other websites not operated by us. This Privacy Policy does not apply to the practices of third parties that we do not own or control, including but not limited to Google Analytics, Stripe and PayPal payment services, and any other third-party website, services, and applications (“Third Party Services”). We cannot take responsibility for the content or privacy policies of those Third Party Services.





DATA AND INFORMATION WE COLLECT AND HOW WE COLLECT YOUR INFORMATION



We collect and/or receive a variety of information from you when you visit the website, make purchases, subscribe to our newsletter, respond to surveys, fill out forms, or interact with us on social media.



By accepting this Privacy Policy, you are specifically consenting to our collection of the data described below, to our use of the data, to the processing of this data, and the sharing of the data with third party processors as needed for our legitimate business interests.



We collect personal and non-personal information when you provide it in the course of using our website, and when you use and purchase our products and services.



The information we collect may include:



Personal Information



The term “Personal Information” is defined as information that you voluntarily provide to TMF FITUNATE LLC that personally identifies you, your business, and/or your contact information, such as your name, phone number, email address, shipping address, credit card number, and billing information. When you visit, register with, subscribe to our services or otherwise or make purchases from the website you provide information that we collect such as your name, mailing address, telephone number, credit card number, email address, and other information we request during the registration process. In addition, if you communicate with us regarding the website or any of our products and services, we may collect any information that you provide to us during the course of our communication. Other personally identifiable information you may voluntarily provide also includes any comment, photo, image, video or any other submission to us when visiting or interacting with the website and its content.



Your decision to disclose this data is entirely voluntary. You consent to giving us this information by providing it to us voluntarily on the website. By providing us this information, you grant us permission to use and store such information. You are under no obligation to provide this information, but your refusal may prevent you from accessing certain benefits and services from the website or from making purchases.



We may also collect personal data about you when third parties such as our business partners or service providers provide us with personal information about you. Please see below for more details about third party data collection and processing.



Financial Data and Purchase Information



When you wish to purchase a product or service, you will be required to provide certain information in addition to the personal information and order information noted above. Financial information is data that is related to your payment method, such as credit card or bank transfer details. We collect financial data in order to allow you to purchase, order, return or exchange products or services from the website and any related mobile apps. Such information may include billing information, namely a debit or credit card number, expiration date, billing address, activation codes, and similar information.



We do not directly obtain or process any billing information. This billing information is collected and processed by our third party payment processors, Stripe and PayPal. You should review these processors’ Privacy Policy to determine how they use, disclose and protect your financial data. You may find their privacy policy links here: Stripe and PayPal



By utilizing these payment processors to gain access to your purchases, you indemnify us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by third-party payment processor’s applicable terms and conditions of use and privacy policies.



Non-Personal Information



When you access the website we may also collect non-personal information and data about your use of our website and online services such as your internet protocol address(IP) address (which may consist of a static or dynamic IP address and will sometimes point to a specific identifiable computer or device), your device operating system, your browser type, length of visit to pages on our website, click patterns, details about the number of times you use our website, time zone settings, referring and exit pages and URLs; date and time accessed by you; and similar data; This non-personal information is not used by us to personally identify you and is not readily usable for that purpose. This data is used to help diagnose problems with our servers, prevent fraud, administer and improve our products and services, and display content according to your preferences.



We may contract with a third party to help us manage, monitor, and optimize our website and measure the effectiveness of our advertising, communications, and the use of the website. We may use cookies (described below) and web beacons for this purpose. The information we collect automatically is used for statistical data and will not include personal information.



HOW WE USE YOUR DATA AND INFORMATION



We may, from time to time, process your data internally. The legal basis for this processing is both your consent to the processing, and our need to conduct our legitimate business interests. Our purposes in processing this information, if we do, is to provide, maintain, evaluate, and improve the website and the products and services we offer and sell, to provide customer support, to enter into contracts with you, to fulfill the terms of those contracts, to keep records of our transactions and interactions, to be able to deliver products and services, to comply with our legal obligations, to obtain professional advice, and to protect the rights and interests of our company, our customers (including you), and any third parties.



WHY, WHEN, AND HOW WE DISCLOSURE AND SHARE YOUR DATA



In summary:



We do not sell, rent, lease, trade, or otherwise transfer any information collected, whether automatically or through your voluntary action, to third parties for their promotional purposes.



Your data may be shared with a third party, including a lawyer or collection agency, when necessary to protect our legal rights and policies, including our terms of services, to protect or enforce the legal rights of a third party, or as we in good faith believe we are required to do so by law (such as to comply with a subpoena, court order, or to cooperate with a legal investigation). This includes investigating, preventing, or taking action regarding violations of this Privacy Policy or of our Terms and Conditions of Use, Disclaimer, or any other agreement with us, fraud, illegal activities, or for litigation purposes which we are a part of.


In order to provide our services and administer our programs, we contract with other companies to perform certain business related services and functions on our behalf. We may disclose your information, including personal information in some cases, to certain types of third party companies, but only to the extent needed to enable them to provide such services, including, without limitation, technical assistance, order fulfillment, customer service, marketing assistance, payment processing, survey collection, promotional and marketing assistance, and business operations. These other companies will have access to your information, including personal information in some cases, only as necessary to perform their functions and to the extent permitted by law. Additionally, we may also disclose your information, including any personal information, to any of our parent companies, subsidiaries, affiliates, joint ventures, or other companies under common control with us in order to support delivery of our products and services.


We may contract with a third party to help us manage, monitor, and optimize our website and measure the effectiveness of our advertising, communications, and the use of the website. We may use cookies (described below) and web beacons for this purpose. The information we collect automatically is used for statistical data and will not include personal information.


In an ongoing effort to better understand our visitors, customers, and our products and services, we may analyze your information in aggregate form in order to operate, maintain, manage, and improve the website and/or our products and services. This aggregate information does not identify you personally. We may share this aggregate data with our affiliates, agents, business partners and advertisers. We may also disclose aggregated user statistics in order to describe our products and services to current and prospective business partners and to other third parties for other lawful purposes.




Third Party Analytics
We use third-party analytics services to evaluate your use of the Website, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to the website and mobile and Internet usage. These third parties use cookies and other technologies to help analyze and provide us the data. By accessing and using the website, you consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy. Please be advised that if you opt out of any service, you may not be able to use the full functionality of the website.



Emails or newsletters that we send electronically may use techniques such as web beacons, tags or pixels to gather email metrics and information to improve the reader’s experience, such as the number of emails that are opened, whether they were forwarded or printed, the type of device from which they were opened, and the location (e.g. city, state, and country) associated with the applicable IP address.



Below is a list of analytics providers and third party websites that we use; however, the providers may be subject to change based on how we wish to understand the user experience, in which case we try to update the list as things change.



If TMF FITUNATE LLC has processed your data based on your consent and you want to revoke consent, contact support@toniafisher.com



You may use the accompanying links to learn more about such providers and, if available, how to opt-out from their analytics collection.



For Google Analytics, please visit: https://www.google.com/analytics

For Convertkit, please visit: https://convertkit.com/privacy

For Launch Cart, please visit: https://launchcart.com/terms/

For Heartbeat, please visit: https://www.heartbeat.chat/privacy?r=0

For Brizy, please visit: https://brizy.io

For GoBrunch, please visit: https://www.blog.gobrunch.com/privacy-policy

For Stripe, please visit: https://stripe.com/privacy

For PayPal, please visit: https://www.paypal.com/webapps/mpp/ua/privacy-full





Use of Cookies and Web Beacons



We may use cookies (information that we collect using “cookie” technology) to uniquely identify your browser, deliver content that is specific to your interests, and improve the quality of our service. Cookies are small packets of data that a website stores on your computer’s or mobile device’s hard drive so that your computer will “remember” information about your visit. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to help us collect and to enhance your experience using the website, track your use of the website and the products and services we offers and sell, and to facilitate your logging in to the website. Cookies may include more personalized information, such as your IP address, browser type, the server your computer is logged onto, the area code and zip code associated with your server, and your name to welcome you back to our website. We may use cookies to perform tasks such as monitoring aggregate site usage metrics, storing and remembering your passwords (if you allow us to do so), storing account and advertising preferences that you have set, and personalizing the products and services we make available to you.



Most browsers accept cookies, but if you do not want us to place a cookie on your hard drive, you may be able to turn that feature off on your computer or mobile device. Please consult your Internet browser’s documentation for information on how to do this and how to delete persistent cookies. However, be aware that disabling cookies may keep you from having access to some functions or services on our website or the web-hosted software that runs on the website.



We may also use web beacons. A web beacon is an often-transparent graphic image, usually no larger than a 1x1 pixel that is placed on a web page or in an e-email that is used to monitor the behavior of the user visiting the website or receiving the email.



EMAIL INFORMATION AND CORRESPONDENCE



If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received online, mail, and via telephone. This also applies when you register for our website, sign up through any of our forms using your email address, or make a purchase on the website. We are committed to keeping your email address confidential. We do not sell, rent, lease, or trade our subscriber list to third parties, and will not disclose your email address to any third-party, except as allowed and expressed above. We will maintain the information you send via email in accordance with applicable federal law.



In compliance with the CAN-SPAM Act, all emails sent from our company and organization will clearly state who the email is from and provide clear information on how to contact the sender. In addition, all email messages also contain concise information on how to remove yourself from our mailing list so that you will no longer receive any further email communication from us. All of our emails provide users the opportunity to opt out of receiving communications from us and our partners by reading the unsubscribe instructions located at the bottom of any email they receive from us at any time. Users who no longer wish to receive our newsletter or promotional materials, may opt out of receiving these communications by clicking on the unsubscribe link in the email, and they will be immediately unsubscribed.



INFORMATION COLLECTED THROUGH THE WEBSITE THAT IS NOT COVERED BY THIS PRIVACY POLICY



Note that whenever you voluntarily make your information available for viewing by others online through the website or its content, it may be seen, collected and used by others, and therefore, we cannot be responsible for any unauthorized or improper use of the information that you voluntarily share and make viewable.



You may post and/or share information, including but not limited to, comments using forums and other similar features available through the website. NONE of the information you provide using these features is protected by this Privacy Policy. This privacy policy does not apply to any information (including personal information) that you provide using any such features. All such information is public information and may be seen, collected or used by any user of the website.



Information You Share on Public Forums

We feature or may in the future feature public forums such as blogs, webinars, classes, video calls and conferences, telephone conferences, or coaching calls, user comments, chat spaces, and similar activities (collectively, “Public Forums”). You may voluntarily post and share information through such Public Forums. NONE of the information you provide through the Public Forums or through use of these features are protected by this Privacy Policy including any personal information. This privacy policy does not apply to any information (including personal information) that you provide using any such features.



Information You Share on Social Media

If you share information from this website or otherwise on any social media platform or medium, you are voluntarily disclosing your personal information. It becomes public information and can be collected and used by others. TMF FITUNATE LLC does not have control over this collection and takes no responsibility for the use, storage, or dissemination of such publicly disclosed personal infirmary by you.



All such information is public information and may be viewed, collected, used, modified and/or disclosed for any purpose by us, any user of the public forum, any social media user, and the public. Please be mindful of what you post and think carefully before disclosing any information on any Public Forum or social media platform/media.



Information Collected Through the Community Group on Heartbeat Platform

You may post and/or share information through our Community Group. This privacy policy does not apply to any information (including personal information) that you provide using our community group hosted on the Heartbeat platform. Use of these community group(s) is governed by Heartbeat's privacy policy. All such information is public information and may be seen, collected or used by any user of our community group(s). https://www.heartbeat.chat/privacy?r=0



Information Collected Through the GoBrunch Community Space

You may post and/or share information through our GoBrunch Community Group Space. This privacy policy does not apply to any information (including personal information) that you provide using our GoBrunch community group. Use of our GoBrunch community group is governed by GoBrunch’s privacy policy. All such information is public information and may be seen, collected or used by any user of our GoBrunch community group. https://www.blog.gobrunch.com/privacy-policy



SENSITIVE INFORMATION AND DATA



We do not collect any sensitive information or data about you. Sensitive data refers to data that may include, but is not limited to, details about your race or ethnicity, religious or philosophical beliefs, sexual orientation, marital status, political opinions, health and medical information, genetic and biometric data, or criminal convictions or offenses. We do not request any information in this category, and we do not collect any of the examples of this category unless you post them as content you voluntarily and publicly share on the website.



MARKETING COMMUNICATIONS



TMF FITUNATE LLC collects such information in order to send emails; process and fulfill orders; deliver services and products you sign-up for or purchase; complete customer transactions; oversee contests and promotions; administer our rewards and promotional programs; maintain and improve website performance and services to you; improve customer service; solicit feedback; inform you about our products and services and those of our third party marketing partners; and measure or understand the effectiveness of advertising efforts.



By submitting your email address on the Website, you agree to receive email from us. The email address you provide for order processing or any other reason may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.



By submitting your email address, you also agree to allow us to use your email address for custom audience targeting on sites, where we display custom advertising to specific people who have opted-in to receive communications from us.



You may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any TMF FITUNATE LLC email communication. Customers cannot opt out of receiving transactional emails related to their account or their orders. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases.



Opt-Out for Direct Marketing

You may opt out at any time from the use of your personal information for direct marketing purposes via the provided opt-out link or by emailing the request to support@toniafisher.com. Please allow us a reasonable time to process your request.





RETENTION OF PERSONAL DATA



We will only retain your personal data for as long as it is needed to to conduct our legitimate business purposes or to comply with our legal obligations, or until you ask us to delete your data. For example, we will retain certain personal information indefinitely for the purposes of maintaining your account, unless and until you delete your account. Data that we gather for a specific and particular purpose, such as assisting law enforcement or analyzing trends, will not be kept for longer than is necessary for that particular purpose. Data that is no longer needed by us for any of the purposes listed above will be permanently deleted.



You may request that we delete your data at any time. However, note that we cannot control the retention policies of third parties. If you wish to have any third parties, including those to whom we’ve transmitted your data, delete that data, you will need to contact those third parties directly. You may request from us a list of all third parties to whom we have transmitted your data.



PROTECTING YOUR DATA



We take commercially reasonable steps to protect the information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction, taking into account the risks involved in processing and the nature of such data, and in compliance with applicable laws and regulations.



We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information, and we do everything we can to protect user information offline. Please understand, however, unfortunately, no transmission over the Internet can be guaranteed to be 100% secure, and that no security system is impenetrable. As a result, we cannot ensure, guarantee, or warrant the security of the information that you transmit to us, and you do so at your own risk. In particular, e-mail sent to or from the website may not be secure, and you should therefore take special care in deciding what information you send to us via email. You acknowledge that the personal information you voluntarily share through the website could be accessed or tampered with by a third party.



You also acknowledge that your personal data may be available, via the internet, around the world. We cannot prevent the use or misuse of your data by other parties.



You agree that TMF FITUNATE LLC is not responsible for any intercepted information shared through the website without our knowledge and permission. Additionally, you release TMF FITUNATE LLC from any and all claims arising out of or related to the use of such intercepted information in any unauthorized manner.



We will notify you promptly of any known breach of our security system of your data which might expose you to serious risk.



THIRD PARTY SITES, LINKS, AND INFORMATION



As expressed above, we share your information with trusted third parties who assist us in operating the website, conducting our business, and servicing clients and visitors. These trusted third parties agree to keep this information confidential. Your personal information will never be shared by us with unrelated third parties.



Additionally, the website may contain links to third-party websites. These third party websites are owned and/or controlled by those third parties. Except as otherwise discussed in this Privacy Policy, these terms only address the use and disclosure of information we collect from you on the website. We have no control over these third parties or the practices of these companies. You acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the website or party by us, or any warranty of any kind, either express or implied.



Be aware that other sites accessible through the website via links or otherwise have their own policies in regard to privacy. TMF FITUNATE LLC is not responsible for the privacy policies or practices of third parties, and encourages you to inform yourself of the privacy policy on each site that you visit.



CHILDREN’S PRIVACY



We take children’s privacy very seriously. All of the TMF FITUNATE LLC websites, our programs, products, services, and related materials are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of, or access to any website, program, product, service, or program materials by anyone under age 18 is unauthorized, unlicensed, and in violation of our Terms and Conditions of Use. By accessing or using our programs, products, services, or our program materials, you represent and warrant that you are at least 18 years old.



Accordingly, none of the information obtained by the website falls within the Child Online Privacy Protection Rule (COPPA). Nevertheless, if your minor child under 13 years of age has provided us with personally identifiable information, you may contact us at support@toniafisher.com to request to have this information deleted from our records. We will then make reasonable efforts to remove your child’s information from the database that stores the information.



If you are between the ages of 13 and 17, you, your parent, or legal guardian may request that we deactivate and delete any of your personal information in our database/records and/or opt-out of receiving communications from us by contacting us at support@toniafisher.com. We will then make reasonable efforts to remove your information from the database that stores the information.





CALIFORNIA RESIDENTS



Because we value your privacy we have taken the necessary precautions to be in compliance with the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA). We therefore will not distribute your personal information to outside parties without your consent except as noted above.



We may disclose personally identifiable information collected if we have received your permission beforehand (such as to fulfill a third party order) or in very special circumstances, such as when we believe that such disclosure is required by law or for other special cases described below.





TMF FITUNATE LLC does not sell or monetize your personal information. We share certain information about your device and interaction with third party business partners only to enhance your experience with us and to engage in the legitimate business purpose of advertising and marketing.



If you reside in California, California residents, called “consumers” in the CCPA/CPRA, have the following rights:



The right to request that we disclose certain information to you about our collection and use of personal information over the past 12 months.


You have the right to know:
The categories of information we have collected about you;
The categories of sources from which the personal information is collected;
Our business and commercial purpose for collecting or selling personal information;
The categories of third parties with whom we share personal information, if any; and
The specific pieces of personal information we have collected about you.


The right to request that we delete any of your personal information that we collect from you and retained, subject to certain exceptions.
The right to opt-out of the sale of personal information by us.
The right not to receive discriminatory treatment by us for exercising the privacy rights conferred by the CPRA.




Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. Agents must submit proof that they have been authorized by the consumer to act on their behalf. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.



We verify requests by sending a confirmation email to the requestor and by matching the identifying information provided by the consumer to the personal information already maintained by us.



We cannot respond to your request or provide you with personal information if we cannot: (i) verify your identity or authority to make the request; and (ii) confirm the personal information relates to you.



If we are unable to verify the identity of a consumer to a sufficient degree of certainty, we will deny the request and explain the reason for the denial.



If you would like further information regarding your legal rights under applicable law or would like to exercise any of them, please contact us at support@toniafisher.com.



You may only make a verifiable request for access or data portability twice within a 12-month period.



California residents may exercise their California privacy rights by submitting your Data Subject Access (DSAR) Request to support@toniafisher.com



For more information about your specific rights under CCPA, please visit: https://oag.ca.gov/privacy/ccpa, https://cppa.ca.gov/faq.html



Other California Privacy Rights



In addition to the CCPA, the California Civil Code 1798.83 permits California residents with whom we have an established business relationship to request that we provide you with a list of certain categories of personal information that we have disclosed to third parties for their direct marketing purposes during the preceding calendar year. To make such a request, please contact us at support@toniafisher.com and mention that you are making a “California Shine the Light” inquiry.



IMPORTANT NOTICE TO NON-U.S. RESIDENTS



This website is hosted and operated in the United States (“U.S.”) through TMF FITUNATE LLC and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the website and our products and services, you acknowledge that any personal data about you, regardless of whether provided by you or obtained from a third party, is being provided to TMF FITUNATE LLC in the U.S. and will be hosted on U.S. servers, and you authorize TMF FITUNATE LLC to transfer, store and process your information to and in the U.S., and possibly other countries. You hereby consent to the transfer of your data to the U.S. as set forth herein.



GDPR (GENERAL DATA PROTECTION REGULATION) RIGHTS



Residents of the European Economic Area



As a natural person residing in the European Economic Area (“EEA”), you have rights in relation to your personal data that include the right to request access, correction, erasure, restriction, transfer, to object to processing, to portability of data and (where the lawful ground of processing is consent) to withdraw consent. You can learn more about these rights at: https://edpb.europa.eu



Know what data has been collected about you and how it has been processed
Object to the transfer of our personal data from one electronic processing systems into another
Make changes to inaccurate information
Withdraw consent after you have given your personal data
Ask for your personal data to be deleted
Informed in clear and plain language if you are asked for consent of your personal data


If you believe TMF FITNUATE LLC is unlawfully using your information, you have the right to complain to your local data protection supervisory authority. You can contact them at: https://edpb.europa.eu/about-edpb/about-edpb/members_en



For UK residents, contact your local data protection supervisory authority at: https://ico.org.uk/your-data-matters/





PRIVACY RIGHTS - ALL LOCATIONS



Regardless of your location, if you do not wish to receive communications from us, or have a problem with your email or services subscription, please let us know by emailing us at support@toniafisher.com, or writing to us at TMF FITUNATE LLC, Attn: Tonia Fisher, Privacy Policy Officer, PO BOX 805732, Chicago, IL 60680. Please provide us with your exact name, email address that you used to join our mail list or community, and telephone number so we can accurately process your request.



If you have an account with TMF FITUNATE LLC, you can delete your account within your account login OR you can email support@toniafisher.com and TMF FITUNATE LLC will delete your account. Some information may be retained for fraud, legal investigations, to enforce terms and conditions, or to troubleshoot.



If you want to opt out of email marketing, you can do so at any time using the unsubscribe button within the emails you are receiving, or using the contact information at the bottom of this privacy policy.



Accessing and Modifying Personal Information and Communication Preferences

Upon request to support@toniafisher.com, we will provide you with confirmation as to whether we are processing your personal information, and have the data communicated to you within a reasonable time. You have the right to correct, amend, or delete your personal information where it is inaccurate or has been processed in violation of this Privacy Policy. If not required by law, we may require payment of a non-excessive fee to defray our expenses in this regard. Please allow us a reasonable time to respond to your inquiries and requests.



Where we are required to collect personal data by law, or under the terms of the contract between us and you do not provide us with that data when requested, we may not be able to perform the contract (for example, to deliver products or services to you). If you don’t provide us with the requested data, we may have to cancel a product or service you have ordered, but if we do, we will notify you at the time.



We will only use your personal data for a purpose it was collected for or a reasonably compatible purpose if necessary. For more information on this please email us at support@toniafisher.com. In case we need to use your details for an unrelated new purpose, we will let you know and explain the legal grounds for processing your information. We may process your personal data without your knowledge or consent where this is required or permitted by law.



BUSINESS TRANSFER/CHANGE IN OWNERSHIP



As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the information that we have collected and/or received may be part of the transferred assets. All such transfers shall be subject to our commitments with respect to the privacy and confidentiality of such personal information as set forth in this Privacy Policy.



CHANGES TO THIS PRIVACY POLICY



This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time. By accessing the website and/or using our products and services after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of the Information is governed by the Privacy Policy in effect at the time we collect the Information. Please refer back to this Privacy Policy on a regular basis.



ENTIRE AGREEMENT



The information contained herein along with the Terms and Conditions of Use and Disclaimer constitutes the entire agreement between website users and TMF FITUNALTE LLC relating to the use of this website.

Last Update: December 26, 2022



Terms and Conditions of Use | Privacy Policy | Disclaimer | Code of Conduct



Welcome and thank you for visiting www.toniafisher.com!



These Terms and Conditions of Use (“Agreement”) is a legal agreement between User (hereinafter referred to as “you”, “your”, “User”) and TMF FITUNATE LLC (hereinafter referred to as “we”, “us”, “our”, “Website Owner”), the owner and developer of www.toniafisher.com (“Website”).



By browsing, accessing and using the Website, including all content, materials, and all online services of Website, you acknowledge that you have read, understood and agree to be legally bound by these Terms and Conditions of Use, as well as our Privacy Policy and Disclaimer, which are herein incorporated by reference (collectively, the “Agreement”).


By accessing, purchasing or using any of our programs, memberships, products, services, and related materials (“Products and Services”), in any manner, you were given a reasonable notice that these Terms and Conditions of Use existed.


By clicking to accept or agree to the Terms and Conditions of Use when this option is made available to you, you accept and acknowledge that you have read, understood and agree to be legally bound by these Terms and Conditions of Use, as well as our Privacy Policy and Disclaimer.


This Website and all of our Products and Services are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of, or access to the Website and any of our programs, products, memberships, services or related materials by anyone under age 18 is unauthorized, unlicensed, and in violation of this Agreement. By accessing or using our programs, products, or services, or related materials, you represent and warrant that you are at least 18 years old. We reserve the right to terminate your access if such violation is discovered.





CHANGES TO THE TERMS OF USE



These Terms and Conditions are subject to change by TMF FITUNATE LLC at any time, and at our sole discretion, without notice. All changes are effective immediately when we post them, and apply to all access to and the use of this website thereafter. Your continued use of the website after any posted changes are implemented constitutes your acceptance of, and agreement to the changes. As a result, we encourage you to review the Terms and Conditions of Use each time you use the website.



If at any time you choose not to accept these Terms and Conditions of Use, please do not use the website or any of our connected websites.



YOUR ACCOUNT



Account Creation



In order to use the website, you may be required to provide information about yourself including your name, email address, username and password and other personal information. You agree that any registration information you give will always be accurate, lawful, complete, and current. You must not impersonate any person or entity, or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not in the use of Website violate any laws in your jurisdiction.



You agree that TMF FITUNATE LLC may store and use the information you provide for use in maintaining and billing fees to your account. You also grant us the right to disclose to third parties certain registration information about you. The information we obtain through your use of the website, including your registration information, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms and Conditions of Use.



You may not transfer or share your account with anyone. Each username and corresponding password created to access our Products and Services can be used by only one registered user, and sharing your access credentials to access our Products and Services whether provided to you free of charge, or purchased by you, is a material breach of this agreement. We reserve the right to immediately terminate your account if you do transfer or share your account.



Usernames and Passwords



To use certain features of the website or its content, you may need a username and password. You are responsible for maintaining the confidentiality of the username and password, and you are responsible for all activities, whether by you or by others, that occur under your username or password within your account. You agree to notify us immediately of any unauthorized or improper use of your username or password, or any other breach of security. To help protect against unauthorized or improper use, make sure that you log out at the end of each session requiring your username and password.



DATA POLICY



We represent and warrant that we process any collected personal data in accordance with the applicable statutory provisions. For details on how we collect, store, process and protect personal data please refer to our Privacy Policy.



REFUSAL OF SERVICE



TMF FITUNATE LLC is under no obligation to accept an individual’s registration to become a registered user of the website. We may accept or reject any registration in our sole and complete discretion. Moreover, TMF FITUNATE LLC may deactivate any account at any time, including, without limitation, if it determines that a registered user has violated this Agreement.



TMF FITUNATE LLC reserves the right to refuse service to any order, person, or entity without obligation to assign reason for doing so. We reserve the right to limit the number of participants in any given program, course, class, training, workshop, conference, or event, whether live or online. TMF FITUNATE LLC may at any time change or discontinue any aspect or feature of the website or our Products and Services.



YOUR CONDUCT ON OUR WEBSITE

TMF FITUNATE LLC wishes to only provide safe spaces for our general and registered users. You may use the website for lawful purposes only. Use of the website is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the website. You agree to use the website and to purchase Products and Services through the website for legitimate, non-commercial purposes only, unless they are expressly and specifically stated to be lawfully used for commercial purposes. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the website. You shall not post, upload, email, share, or otherwise transmit, distribute or facilitate distribution of any content through the website any material — including text, communications, software, images, sounds, data, or other information — that:



infringes any trademark, copyright, or other proprietary right of a person or entity;
is deceptive, fraudulent, violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, tortious, invasive of privacy or publicity rights, vulgar, obscene, profane, contains hate speech, or is otherwise objectionable;
discloses sensitive information of others; or
contains injurious formulas or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.




Email Link and Spam



You shall not post, upload, share, or otherwise transmit, distribute or facilitate distribution of any content through the website any material that constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, or any other form of unauthorized solicitation.



Disruption of Services



You shall not post, upload, share, or otherwise transmit, distribute or facilitate distribution of any content through the website any material that contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment, or to damage or obtain unauthorized access to any data or other information of any third party.



You will not cover, obscure, block, or in any other way interfere with any advertisements and/or safety features on the website.



REMOVAL OF CONTENT



We neither endorse nor assume any liability for the content of any material uploaded or submitted by third party users of the website. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chats, message boards, discussion groups, blog comments, or other interactive services that may be available on or through the website. However, we have the right at our sole discretion to remove any content that, in our judgment, does not comply with these Terms and Conditions of Use and any other rules of user conduct for the website, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.



You acknowledge and agree that upon receipt of a notice of a claim of copyright, trademark, or other intellectual property infringement, we may immediately remove the identified content and materials from our site without liability to you or any other party, and that the claims of the complaining party and the party that originally posted the materials may be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act, and any other governing entities as related to the reported violations.





TERMINATION OF USE OR ACCESS



You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the provisions in this Terms and Condition of Use. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.



In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the website may be available to you or other authorized users of the website. You shall not interfere with anyone else’s use and enjoyment of the website or other similar services. Users who violate systems or network security may incur criminal or civil liability.



Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on the website immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.





OUR PRODUCTS & SERVICES



We make various products and services available on the website including, but not limited to, articles, courses, online programs, information products, individual and group coaching, consulting, digital downloads, videos, audio files, and other like products and services.



These terms, policies and procedures apply to all TMF FITUNATE LLC Products and Services sold on the website or any other website site owned by TMF FITUNATE LLC or third party website.



TMF FITUNATE cannot and does not make any representations, warranties, or guarantees, verbally or in writing, about your ability to get results of any kind or earn any money with our ideas, information, tools, or strategies. You should know that all of our Products and Services are for educational and informational purposes only. Nothing on this page, any portion of the website, or any of our content or curriculum is a promise or guarantee of results or future earnings, and we do not offer any legal, medical, financial, tax, or other professional advice. Any financial numbers referenced here, or on any of the TMF FITUNATE LLC websites, are illustrative of concepts only and should not be considered average earnings, exact earnings, or promises for actual or future performance.

Use caution and always consult your accountant, lawyer, physician, veterinarian, or professional advisor before acting on any information related to a lifestyle change, your health, your pet’s health, or your business or finances. You alone are responsible and accountable for your decisions, actions and results in life, and by your use and access of any of our Products and Services, you agree not to attempt to hold us liable for your decisions, actions, non-actions, or results, at any time, under any circumstance.





Payments for Online Purchases



Payment for your online purchases shall be made via credit card, PayPal, or other approved payment method we may allow, as specified at the point of payment. By placing an order with us, you agree that we may charge your account the full purchase price, including all fees for shipping and all applicable taxes, immediately or, if you have elected an optional payment plan, in accordance with the payment plan schedule provided at the point of purchase.



If you have purchased a month-to-month subscription with us for one of our Products and Services, you will be billed in advance on a recurring, periodic basis (“billing cycle”). Payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing cycle. Your credit card will be charged the fees stated at the time of purchase (or the introductory rate during the introductory period). Your subscription will start as soon as your credit card is successfully charged. Your subscription will automatically renew at the end of each billing cycle.



All prices and other dollar amounts are listed in U.S. Dollars (USD). All payments will be charged and made in your local currency corresponding to the mailing address you provide us.



You must provide true, accurate, current, and complete billing and credit card information. You must promptly update all billing information to keep your account accurate, current, and complete, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security.



You hereby authorize TMF FITUNATE LLC to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand.



In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.



By placing an order with us, you represent and warrant that the credit card or payment account being used is yours, and/or that you are duly authorized to use the account, and you agree to indemnify and hold harmless TMF FITUNATE LLC and each of its officers, employees, representatives, agents, successors and assigns from any and all damages or losses of any nature or kind, including attorneys’ fees, that any of the above persons or entities may incur arising from any breach of or inaccuracy in the foregoing representation and warranty.





Order Confirmation



We will email you to confirm the placement of your order, and with details concerning product or service delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.



If you have signed up for a class, workshop, course, training, conference, retreat, or any other of our events, confirmation that we have received your order and payment does not constitute acceptance into the class, workshop, course, training, conference, retreat, or event. We will email separately to confirm that you have been accepted into the class, workshop, course, training, conference, retreat, or event.



Refund, Return and Cancellation Policy



Due to the digital and instant download nature of digital downloads there are no refunds, returns, cancellations, or exchanges for digital downloads.



In general, we do not provide refunds. Please read all information provided before making a purchase, and contact us at support@toniafisher.com if you have questions. Nevertheless, where a particular program, product, or service expresses that is has a cancellation, refund, or return policy, that stated cancellation, refund, or return policy is specific to that program, product, or service, and does not extend to any other advertised, marketed, or available program, product, or service.



Refunds will not be given for client specific services, sessions, and/or assessments, or any group conference, retreat or similar event unless otherwise specified in writing. Please refer to the individual program, product, or service policies for more information, and the specific cancellation and/or refund policy.



For subscription plans, your subscription will automatically renew at the end of each billing cycle unless you (1) cancel the subscription within your account or (2) contact us to cancel your subscription at support@toniafisher.com at least 14 days prior to the end of the billing cycle. If you do not receive a confirmation email that your confirmation request has been received, email your cancellation request again. You will not be charged for the subscription effective the following month. You will not be refunded any payment or prorated amount. Access to your subscription services and materials will continue until the end of that billing cycle before terminating.



If you initially sign up for a subscription plan that includes a free or discounted trial period, and you do not cancel that account before the stated trial period expires, you will be billed for the full price of the subscription plan starting on the day the trial period ends. If you cancel prior to the processing of your first invoice following the trial period, you will not be charged. All access to your trial subscription services and materials will cease at the time you cancel your trial. Price may change at the end of your subscription period.

If you sign up for a Lifetime membership, the membership is considered a final sale and is not subject to any refunds and is non-transferable. This applies to both payments made in full and to payment plans. Lifetime memberships are for the lifetime of the particular membership offered and membership content is subject to change.



If you are refunded for any of our Products and Services or related content, you will surrender your access to that product.



Recurring Payments



If You have signed up for a payment plan, you hereby authorize our continued access to your financial information stored by our third-party financial processing company referenced in this Agreement until your payment plan is complete, as set forth in your acceptance of the purchase terms upon checkout.



Chargebacks



In the event of a chargeback attempt, you expressly agree to forfeit any and all of our materials afforded to you in exchange for your original purchase. We reserve the right to present proof of your access and these Terms and Conditions of Use to the financial institution investigating the dispute.



Payment Collections



While we do not charge interest on any outstanding sums left unpaid, we do reserve the right to send you to collections for any payments outstanding, upon which you will owe the total amount of any outstanding payments plus any collection costs, including reasonable attorney’s fees.





Access to Previous Purchases



Some of our products, services, or content that you previously acquired may not be available for subsequent download or access at any given time, and we shall have no liability to you in such an event. As you may not be able to subsequently download certain previously-acquired products, services or content, once you download an item, it is your responsibility not to lose, destroy, or damage it. We encourage you to save and backup your purchases and downloads.



We reserve the right to change content options (including eligibility for particular features) or remove access without notice to any previously purchased products, services, or content that is no longer valid or deemed out of date.



Discounts

While we may offer discounts or offers at various times, these discounts or offers may be terminated or amended at any time without explanation or warning. Sales, discounts, and offers will not be retroactively applied to past purchases.





INTELLECTUAL PROPERTY





You acknowledge and agree that all content presented and provided to you on the Website and in and on our Products and Services is protected by United States copyright, trademark, patent, trade secret, and/or other proprietary rights and laws, and is the sole property of TMF FITUNATE LLC or the properly attributed party.



For purposes of these Terms and Conditions of Use, “Content” is defined as any information, data, communications, software, text, photos, video, graphics, images, music, sounds, and other material and services that can be accessed, heard, and/or viewed by users on the Website. This includes lesson plans, coursework, training modules, printables, templates, and any other original content.



Nothing in these Terms and Conditions of Use grants you any right to use any trademark, service mark, logo, and/or the name of TMF FITUNATE LLC or its Affiliates. You are only permitted to use the content as expressly authorized by us.



TMF FITUNATE LLC retains all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all, and not remove any, trademark, copyright or other proprietary notices contained on the Website and in all other original Content. The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.



The trademarks, service marks, and logos of TMF FITUNATE LLC (“TMF FITUNATE LLC Trademarks”) used and displayed on the website are registered and unregistered trademarks or services marks of TMF FITUNATE LLC. Nothing on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the TMF FITUNATE Trademarks, without our prior written permission specific for each such use.



You may not copy, reproduce, modify, republish, upload, post, transmit, license, sub-license, participate in the transfer or sale of, create derivative works from, display, or distribute any documents, pages, information, communications, or content from the Website in whole or in any part in any form, or by any means without prior written permission from us. You are solely responsible for obtaining permission before reusing any copyrighted material that is available on the Website. You are not to use, and are unauthorized to use any content or materials from the Website for any business or commercial use, unless you receive express written authorization and consent from TMF FITUNATE LLC. You may not remove any trademark, copyright, or other notice from the content of the Website.



LIMITED LICENSE

Any and all materials, paid or free, that you access on this or any related TMF FITUNATED LLC website are the sole ownership or licensed use of TMF FITUNATE LLC.



You are only receiving a limited, non-exclusive, non-transferable revocable license for non-commercial use only in order to access any content or materials in the Products and Services you have paid for, or opted to receive. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works, or reverse engineer, alter, enhance or in any way exploit any of the Content in any manner.



If you violate this license by giving or selling a copy of our Content or Products and Services, We reserve the right to bill you for the licenses you have sent to others and revoke your access to our Content and Products and Services permanently.



You may:

Access your purchases for your personal use or use in business for non-commercial purposes.
Download and/or print any purchases for your personal use or in your business for non-commercial purposes.


You may NOT:

Re-sell or trade your access to your purchases.
Share your purchase with anyone else who has not yet purchased it or opted in to receive it.
Reprint or republish any of your purchases, in part or in whole.
Distribute any of the materials contained in your purchases or related materials and/or communications as your own, otherwise known as stealing.
Reproduce or vary any part or whole of your purchases or related materials for distribution as your own work.
Create any derivative work based upon any of the written, verbal/audio, or visual Content in your purchases or related materials and/or communications without our prior written consent.
Claim ownership or use over any of our intellectual property without our prior consent, which includes, but is not limited to:
Trademarks such as names, logos, taglines, or other unique source identifiers;
Copyrights such as training materials, worksheets, workbooks, lessons, videos, templates, printables, and more; or
Trade dress including the look and feel of any of our offerings and its related communications and materials.
Use our offering or any related materials and/or communication in an unlawful way for any illegal or unlawful purpose(s).




Templates + Forms

TMF FITUNATE LLC grants you a revocable limited, personal, non-commercial, non-exclusive, non-transferable license to use our templates or forms for your own personal use or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works, or reverse engineer, alter, enhance or in any way exploit any of the templates or forms in any manner except for modifications in filling out the templates or forms for your authorized use. You may not sell or redistribute the template or form without the express written consent of TMF FITUNATE LLC. If you violate this license by selling or giving a copy of our templates or forms to anyone, we reserve the right to bill you for the license you have sold or gifted to others and revoke your access to our template and forms permanently.



Courses, Programs, Trainings and Associated Materials

TMF FITUNATE LLC grants you a revocable limited, personal, non-commercial, non-exclusive, non-transferable license to use courses, trainings, programs, or associated materials (collectively “Trainings”) for your own personal use. Except as otherwise provided you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works, or reverse engineer, alter, enhance or in any way exploit any of the Trainings in any manner. By purchasing or participating in Trainings, you agree that the Trainings you purchase or download may only be used by you for your personal use and may not be sold or redistributed without the express written consent of TMF FITUNATE LLC. If you violate this license by selling or giving a copy of our Trainings content to anyone, we reserve the right to bill you for the license you have sold or gifted to others and revoke your access to our Trainings permanently. By purchasing or participating in Trainings, you further agree that you shall not create any derivative work based upon the Trainings and you shall not offer any competing products or services based upon any proprietary information contained in the Trainings.



Any unauthorized use of the Content or materials appearing on the Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. We reserve the right to immediately remove you from access and use of the website and our Products and Services, without refund, require you immediately destroy any copies you have made of the Content, and to pursue all available legal remedies against you if you are caught violating this Intellectual Property Policy or any part of this Agreement.



Request for Permission to Use Content



Any request for written permission to use our content, or any other intellectual property or property belonging to us, must be made BEFORE you wish to use the content or materials. For information on requesting such permission, please contact us at support@toniafisher.com.



Material You Submit To This Website



By posting or submitting any material (including, without limitation, comments, messages, emails, texts, social media postings, photos, videos) to us via the Website or platform owned or maintained by us, including, but not limited to, third-party access sites or online software platforms such as internet groups and social media platform that we use to advertise or distribute our offerings, Content, and related materials, You agree:

You are making your posting or submission with the express consent of the owner of the material; and (ii) that you are eighteen (18) years of age or older. You agree that this material or communication will be treated as non-confidential and non-proprietary, public, not private, including, without limitation, any personally identifying information you may make available.
We have a non-revocable, commercial license to re-publish your submission in whole or in part unless you explicitly state that we may not do so with said submission. You have no right to privacy by accessing your purchases or related materials, and we reserve the right to disclose your participation in the same.


Intellectual Property Rights to Your Materials



We claim no intellectual property rights over the material you supply to TMF FITUNATE LLC via the website or otherwise. You retain copyright and any other rights you may rightfully hold in any content which you submit through the Website. Content you submit to TMF FITUNATE LLC, remains yours to the extent that you have any legal claims therein. You agree to hold TMF FITUNATELLC harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or any other infringement claimed against you.

You retain all copyright and any other intellectual property rights you may rightfully hold in any content which you submit through the Website. However, when you submit, email, text or deliver or post any content or material, you are granting us, and our sublicensees, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, record, synchronize, translate, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display, and otherwise use or exploit such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose, including use of the content or material for promotional, business development and marketing purposes. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and our sublicensees, the right to identify you as the author of any of your postings or submissions by name, user name, likeness and photograph, as we deem appropriate. Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. For more information on when and how we store and use your communications or any data provided by you in those communications, please refer to our Privacy Policy.



You shall not upload, post or otherwise make available on the Website any artwork, photos or other content or materials protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right, and the burden of determining that any content or materials are not so protected rests entirely with you. You, and not TMF FITUNATE LLC, are entirely responsible for all of Your content that you upload, post, email, or otherwise transmit via the website. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all content and materials submitted by You to the website, You automatically represent or warrant that you have the authority to use and distribute the content and that the use or display of the content and materials will not violate any laws, rules, regulations or rights of third parties, or contain any libelous, defamatory, or obscene material or content that violates this Agreement.



Recordings



Please note that program and assessment calls and video sessions, webinars, group video sessions, or other audio or visual services may be recorded and can be used in the future by TMF FITUNATE LLC for business and promotional materials, or in conjunction with the sale of any products or services, and may feature your image or voice unless you specifically request otherwise. You can request to not have your image or voice featured. You must make this request before participating in the activity or service. If you would like to make such a request, please send an email to support@toniafisher.com.



We respect the intellectual property of others. If you or any user of the website believes their copyright, trademark, or other property rights have been infringed by a posting on the website, you or the user should send notification to Tonia Fisher at support@toniafisher.com. Please, at minimum, (1) identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed; (2) identify the material that you claim is infringing the copyrighted work you believe is being infringed upon; and (3) provide information reasonably sufficient to permit us to contact you, with email being the preferred method of contact.



ARTIFICIAL INTELLIGENCE (A.I.) DISCLAIMER

Our website and related materials may contain the use of A.I. technologies including, but not limited to A.I.-generated text, graphics, images, and/or audio. A.I. technology was used as a tool by us to supplement, enhance, and make suggestions to our content, but the thoughts, ideas, opinions, and the finished product is, indeed, wholly human and original to our company and we maintain copyright ownership over such content. We were given a non-exclusive license to use such A.I. generated content from third-party A.I. platform(s). You understand and acknowledge that we make no guarantee as to the accuracy of third-party A.I. generated content contained herein and you expressly acknowledge and understand that any information or knowledge you gain as a result of using any A.I.-generated content on this website is used at your own risk.



NO WARRANTY OR LIABILITY



The information presented on the website is provided “as is” and “as available,” without representation or warranty of any kind. TMF FITUNATE LLC does not represent or warrant that such information is or will be always current, complete, or accurate. Any representation or warranty that might be otherwise implied is expressly disclaimed.

Opinions, advice, statements, or other comments should not be relied upon, and are not to be construed as professional advice from TMF FITUNATE LLC or Website Owner. TMF FITUNATE LLC and Website Owner do not guarantee the accuracy or completeness of any information provided, and are not responsible for any loss resulting from Your reliance on such information.

You agree that under no circumstances shall We be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Website or our Products and Services. Additionally, TMF FITUNATE LLC is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose, and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.



The foregoing applies even if we have been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall our cumulative liability to you exceed the total purchase price of the product or service you have purchased from Us.



We reserve the sole right to either modify or discontinue the Website, including any of the Website’s features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right.



EXTERNAL/THIRD PARTY website

The website may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by us of the content on such third party sites. You visit such third party websites at your own risk. You must contact the site administrator for the third party website if you have any concerns regarding any content or links located on the sites. TMF FITUNATELLC is not responsible for the content of any linked third party sites and does not make any representations regarding the content or accuracy of materials on the third party website. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive files, programs, software, media and technology.





ASSIGNMENT OF RIGHTS



These Terms and Conditions bind and inure to the benefit of our successors, assigns, licensees and sublicensees. These Terms and Conditions are not assignable, delegable, sublicensable, or otherwise, transferable by you to any other party, and any purported attempt to do so will be invalid, null and void.





JURISDICTION AND GOVERNING LAW



These Terms, Conditions, Privacy Policy, and Disclaimer are governed by and construed in accordance with United States law. The terms of this agreement will be governed by the laws of the State of Illinois, without regard to provisions of conflicts of law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of Illinois. By accessing and using the website, you agree that the state and federal courts located in Cook County, Illinois will have exclusive jurisdiction over any case or controversy arising from or relating to this agreement, the Website, or any products or services provided by Us.





NOTICES



All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to TMF FITUNATE LLC must be sent to the attention of Customer Service at support@toniafisher.com. Notices to you may be sent to the address supplied by you as part of your contact and/or registration information. In addition, we may broadcast notices or messages through the website to inform you of changes to the Website or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.



When you visit the website or send emails to TMF FITUNATE, you are communicating with us electronically. You thereby consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.





EFFECT OF HEADINGS



The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction of interpretation of any of its provisions.





ENTIRE AGREEMENT



Before you register with the Website or make any purchases therefrom, you will be asked to consent to our Privacy Policy. If you have consented, or once you do consent, the terms of the Privacy Policy together with these Terms and Conditions of Use, our Disclaimer, and the information contained herein constitutes the entire agreement between the website users and TMF FITUNATE relating to the use of the website.



These Terms and Conditions of Use and posted Disclaimer and Privacy Policy supersedes any prior communication, representations, understandings, or agreements between you and TMF FITUNATE LLC and constitutes the complete and final agreement related to the use of the website or any products or services provided by TMF FITUNATE LLC. These Terms and Conditions of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with the Website is in conflict or inconsistent with these Terms and Conditions of Use, these Terms and Conditions of Use shall take precedence.



SEVERABILITY

In the event that one or more of the provisions of these Terms and Conditions of Use, Disclaimer, or Privacy Policy shall be found unenforceable, illegal or invalid, it shall not affect any other provisions of the Terms and Conditions of Use, Disclaimer, or Privacy Policy, and these Terms and Condition of Use, Disclaimer, and Privacy Policy shall be construed as if the provision found to be unenforceable, illegal, or invalid had never been contained in the Terms and Conditions of Use, Disclaimer, or Privacy Policy, or the unenforceable, illegal or invalid provision shall be construed, amended and/or reformed to be made enforceable, legal and valid. All other provisions contained herein will remain in full force and effect.



NO WAIVER



Any failure by us to enforce or exercise any provision of these Terms and Conditions of Use or related rights shall not constitute a waiver of that right or provision. Further, no waiver of any provision or breach hereof is a waiver of any other provision or breach, whether or not similar, nor shall any waiver constitute a continuing waiver. The terms and conditions of this Agreement may be waived or amended only in writing by TMF FITUNATE LLC and signed by an authorized representative of the Website Owner.



We strive to provide outstanding products and services, along with extraordinary and highly satisfactory customer service. If you have any questions about these Terms and Conditions of Use or our practices, please contact us at support@toniafisher.com

Refund, Return and Cancellation Policy

Due to the digital and instant download nature of digital downloads there are no refunds, returns, cancellations, or exchanges for digital downloads.

In general, we do not provide refunds. Please read all information provided before making a purchase, and contact us at support@toniafisher.com if you have questions. Nevertheless, where a particular program, product, or service expresses that has a cancellation, refund, or return policy, that stated cancellation, refund, or return policy is specific to that program, product, or service, and does not extend to any other advertised, marketed, or available program, product, or service.

Refunds will not be given for client specific services, sessions, and/or assessments, or any group conference, retreat or similar event unless otherwise specified in writing. Please refer to the individual program, product, or service policies for more information, and the specific cancellation and/or refund policy.

For additional refund policy and disclaimer information please refer to our Terms of Service/Terms and Conditions policy.