TERMS OF SERVICE
Last Update: December 26, 2022
Welcome and thank you for visiting www.toniafisher.com and shop.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 and support@vibrantfirefly.com for any store purchases.
