1. Introduction and Acceptance
Please read these Terms and Conditions carefully before using this website. These Terms & Conditions, together with any documents they expressly incorporate by reference, govern your access to and use of tflofitness.com (the "Website"), including any content, functionality, and services offered on or through the Website, whether as a guest or a registered user.
By accessing or using tflofitness.com, you agree to be bound by these Terms & Conditions, our Privacy Policy, and our Disclaimer, all of which are incorporated herein by reference. If you do not agree with any part of these Terms & Conditions, the Privacy Policy, or the Disclaimer, you must not access or use the Website.
These Terms & Conditions are between you and TFloFitness ("Company," "we," or "us"). The Website is available only to users who are 18 years or older, and fully competent to agree to these Terms & Conditions. If you do not meet these requirements, you must not use the Website.
We may revise and update these Terms & Conditions from time to time at our sole discretion. All changes are effective immediately when posted and apply to all access and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms & Conditions means that you accept and agree to the changes. It is your responsibility to periodically review these Terms & Conditions to stay informed of any updates, as they are binding on you.
In the event of significant changes, we may notify you by posting a notice on the Website or by sending an email to the address you provided at the time of registration. However, it remains your responsibility to regularly check the Website and these Terms & Conditions for updates. Your continued use of the Website following the posting of revised Terms & Conditions means that you accept and agree to the changes.
2. Accessing the Website, Account Registration, and Security
To access certain features on tflofitness.com, you may be required to register an account. You are responsible for maintaining the confidentiality of your account information, including any username, password, or other security information, and for all activities that occur under your account. Your account is personal to you, and you agree not to provide any other person with access to this Website or portions of it using your account credentials.
We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, at our sole discretion without notice. We will not be liable if any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for making all arrangements necessary for you to access the Website and for ensuring that all persons who access the Website through your internet connection are aware of and comply with these Terms & Conditions.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must keep this information confidential and not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your account or any other breach of security. We reserve the right to disable any username, password, or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion, including if we believe you have violated any provision of these Terms & Conditions.
3. Health and Wellness Disclaimers
The Client understands that the role of TFloFitness and its coaches includes providing mindset coaching, breathwork practices, and guidance on healthy lifestyle changes. These services are intended to support personal development, stress management, and overall well-being but are not a substitute for professional medical, mental health, or nutrition therapy services.
TFloFitness coaches are trained in health coaching and are certified personal trainers, but they are not licensed mental health professionals, psychologists, psychiatrists, dietitians, nutritionists, or other healthcare providers. The services offered by TFloFitness are not intended to diagnose, treat, cure, or prevent any physical or mental health conditions.
Coaching sessions and any related materials provided by TFloFitness are for educational purposes only and are not intended to replace professional health services. The Client acknowledges that if they are under the care of healthcare professionals, they should discuss any dietary changes, potential dietary supplement use, or new practices like breathwork with those professionals. The Client should consult with their healthcare provider before discontinuing any prescribed medications.
The Client understands that TFloFitness coaching services, including any information or resources provided, are not medical advice and are not intended to replace the services delivered by licensed health professionals.
Testimonial Disclaimer: The testimonials, reviews, and success stories featured on the Website are from actual clients who have experienced positive results through our services. However, these testimonials represent individual experiences and are not intended to guarantee, promise, or represent that all users will achieve the same or similar results. Results are not typical and may vary based on individual circumstances, including but not limited to, health conditions, commitment level, and other factors beyond the control of TFloFitness. The outcomes you experience from using our services may differ from those described in these testimonials.
4. Personal Responsibility and Release of Healthcare-Related Claims
The Client acknowledges that they take full responsibility for their own life and well-being, as well as the lives and well-being of their family and children (where applicable), and all decisions made during and after the Program. The Client expressly assumes the risks associated with the Program, including those inherent in making dietary, lifestyle, mindset, and breathwork changes.
By participating in the Program, the Client releases TFloFitness and its coaches from any and all liability, damages, causes of action, allegations, suits, sums of money, claims, and demands whatsoever, in law or equity, which the Client ever had, now has, or will have in the future against TFloFitness and its coaches, arising from the Client's past or future participation in, or otherwise with respect to, the Program, unless arising from the gross negligence of TFloFitness or its coaches.
5. Mindset Coaching and Breathwork Practices
Mindset coaching provided by TFloFitness focuses on helping clients develop positive mental habits, set and achieve personal goals, and improve overall mental resilience. Breathwork practices offered are intended to enhance relaxation, focus, and emotional balance.
The Client understands that participation in these practices is voluntary and that any suggestions made by TFloFitness coaches are intended to support, not replace, other professional advice the Client may receive. The Client should approach these practices with caution and discontinue any practice that causes discomfort or distress.
6. Payment and Pricing
All prices are listed in USD and may change without notice. Payments must be made in full before accessing any paid services. We accept major credit cards and other payment methods as indicated on our website.
7. Cancellation, Refunds, and Sale of Goods
All purchases made on the Website, including tangible products ("goods"), services, or event tickets, are final and non-refundable, except as required by law. You will be responsible for all shipping and handling charges specified during the ordering process. These charges cover the costs incurred in processing, handling, packing, shipping, and delivering your order. Title and risk of loss for the goods pass to you upon our transfer of the goods to the shipping carrier. Shipping and delivery dates are estimates and cannot be guaranteed. We are not liable for any delays in shipments.
Cancellations and refunds are subject to our specific policies, which can be found in the relevant sections of our website. Coaching services are non-refundable unless otherwise stated. If a refund is required by law, the refund will be credited back to the same payment method used for the original purchase.
8. Confidentiality
TFloFitness is committed to maintaining the privacy of all client information. We will keep all client information confidential and will not share it with any third party without the client's written consent, unless required by law. Additionally, TFloFitness will not disclose the client’s name for reference or use in any marketing materials without the client’s written consent.
9. Use of the Website
You agree to use the website only for lawful purposes and in accordance with these terms. You must not use the website in any way that could harm the Company or other users.
10. Intellectual Property
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by TFloFitness, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All content on tflofitness.com is owned by TFloFitness and is protected by these laws.
These Terms & Conditions permit you to use the Website for your personal, non-commercial use only. You must not sell, license, rent, copy, reproduce, transmit, distribute, modify, create derivative works from, publicly display, publicly perform, republish, adapt, edit, download, store, or transmit any of the material on our Website, with the following exceptions: 1) Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; 2) You may store files that are automatically cached by your Web browser for display enhancement purposes; 3) You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution; 4) If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end-user license agreement for such applications; 5) If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not: 1) Modify copies of any materials from the Website; 2) Use any illustrations, photographs, video, or audio sequences, or any graphics from the Website separately from the accompanying text; 3) Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website; 4) Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms & Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by TFloFitness. Any use of the Website not expressly permitted by these Terms & Conditions is a breach of these Terms & Conditions and may violate copyright, trademark, and other laws.
11. Copyright Infringement and DMCA Notice
TFloFitness specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. TFloFitness will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA).
The DMCA requires that notifications of claimed copyright infringement should be sent to the following address:
TFloFitness
2009A Farrell Ave, Redondo Beach, CA 90278
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)): 1) Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; 4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; 5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; 6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
12. Limitation of Liability
TFloFitness is not liable for any indirect, incidental, or consequential damages arising out of your use of our services. Our total liability to you for any claims arising from the use of our services—including but not limited to claims for breach of contract, negligence, misrepresentation, failure to deliver services, product or service liability, or unauthorized use of client data—is limited to the amount you paid for those services. This limitation does not apply to liabilities arising from gross negligence, willful misconduct, or fraud by TFloFitness.
13. Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms & conditions. You agree not to use the Website (a) in any way that violates any applicable federal, state, local or international law or regulation; (b) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (c) to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms & conditions; (d) to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation; (e) to impersonate or attempt to impersonate the Company, a Company employee or manager, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or (f) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to (1) use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website; (2) use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (3) use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent; (4) use any device, software or routine that interferes with the proper working of the Website; (5) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (6) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; (7) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or (8) otherwise attempt to interfere with the proper working of the Website.
14. User Contributions
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must fully comply with the Content Standards outlined in these Terms & Conditions.
Any User Contribution you post to the Website will be non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
Without limiting the foregoing, you agree and understand that other individual members of the membership program(s) available on the Website may see the information you post on any applicable Website membership area. You agree not to post any information on the Website that you do not want others to see. You acknowledge that anything you post in the applicable membership area of the Website is at your own risk, and you agree to hold the Company harmless from any and all damage that could occur to you from any information you post. For additional details, please see our Privacy Policy.
You represent and warrant that (a) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors, and assigns; and (b) all of your User Contributions do and will comply with these Terms & Conditions, including the Content Standards. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
15. Monitoring and Enforcement; Termination
We have the right to (a) remove or refuse to post any User Contributions for any or no reason in our sole discretion; (b) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms & conditions, including the Content Standards, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; (e) terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms & conditions.
To the extent you are involved in a membership program on the Website, either you or the Company can cancel your participation in any of our membership programs at any time and for any reason. Except for refunds pursuant to any specified refund periods in any payment terms entered into between you and the Company, no refunds for previous months of membership will be given in the event you or the Company terminates your membership on the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court orders requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. You waive and hold harmless the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.
We cannot and/or do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
16. Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations.
Without limiting the foregoing, User Contributions must not: (a) contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; (b) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (c) infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person; (d) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms & conditions and our Privacy Policy; (e) be likely to deceive any person; (f) promote any illegal activity, or advocate, promote or assist any unlawful act; (g) cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person; (h) impersonate any person, or misrepresent your identity or affiliation with any person or organization’ (i) involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; (j) contain any occult, hateful, or racist material; or (k) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case. To the extent it is questionable whether User Contributions violate the Content Standards, the Company reserves the right to make the final decision regarding whether a violation has occurred and reserves the right to terminate any user’s access to the Website without prior notice for a violation of this provision. Further requirements regarding the conduct that is expected of all users of the Website may also be found via posts from the Company on the Website, and you agree to comply with such requirements.
17. Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
18. Changes to the Website
We may update the content on this Website from time to time, but its content may not always be complete or up-to-date. Any material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Disclaimer: The information provided on this website is for general informational purposes only and may not reflect the most current developments. Users are advised to independently verify the accuracy, completeness, and relevance of any information before relying on it for decision-making. You should not rely solely on the information provided on the website for making critical decisions, and TFloFitness does not warrant or guarantee the accuracy, completeness, or usefulness of the information provided. All reliance on such information is at your own risk.
19. Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy, which is incorporated herein by reference. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
20. Terms of Sale
By placing an order for products or services from this Website, you affirm that you are of legal age to enter into this agreement and that you accept and are bound by these Terms of Sale. If you place an order on behalf of an organization or company, you affirm that you have the legal authority to bind that organization or company to these Terms of Sale.
You may not order or obtain products or services from this Website if you (a) do not agree to these Terms of Sale, (b) are not at least 18 years of age or the legal age to form a binding contract, or (c) are prohibited by law from accessing or using this Website or any of its contents, products, or services.
In the event of any inconsistency between these Terms of Sale and our Website Terms & Conditions, Earnings Disclaimer, and/or Privacy Policy, the provisions of these Terms of Sale will prevail.
21. Order Acceptance and Cancellation
You agree that your order is an offer to buy, under these Terms of Sale, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order information and details of the items you have ordered.
22. Prices and Payment Terms
All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and may be confirmed in your order confirmation email. Prices do not include taxes or shipping and handling charges, which will be added to your purchase total where applicable. We strive to display accurate pricing information, but we reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
For subscription-based services, the initial price will be the rate at the time of your subscription's start. Unless otherwise stated, subscription services will automatically renew at the end of each billing period at the then-current subscription rate. You will be notified in advance of any price changes that will apply upon your next renewal. If you do not agree to the price change, you must cancel your subscription before the new rate takes effect.
Automatic Renewals: Your subscription will automatically renew at the end of each billing cycle unless you cancel it in accordance with the cancellation policy. The payment method you provided will be automatically charged for the next billing cycle unless you cancel your subscription in advance.
Cancellation Policy: You may cancel your subscription at any time, but you must do so at least 30 days before the start of the next billing cycle to avoid being charged for that cycle. To cancel, you must provide written notice by emailing us at [email protected]. Once your cancellation is processed, you will not be charged for future billing cycles, but no refunds will be issued for any partial billing periods.
Promotions and Special Offers: From time to time, we may offer promotions or special pricing that may affect the cost of your subscription. These promotions will be governed by terms separate from these Terms of Sale. If there is a conflict between a promotion's terms and these Terms of Sale, the promotion's terms will prevail.
Payment must be received by us in the manner specified on the Website before your order is accepted. By providing credit card information, you represent and warrant that (i) the credit card information you supply is true, correct, and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay charges incurred by you at the posted prices, including any applicable taxes, shipping, and handling charges, regardless of the amount quoted on the Website at the time of your order.
23. Sale of Subscription/Membership Services
The Website may from time to time offer optional subscription services (or subscription membership programs) for specific users (“Subscription Services”). By selecting a Subscription Service, you agree to pay us the subscription or usage fees indicated for that service on the Website. Payments for subscription services will be charged on the day your Subscription Service goes into effect and will cover the use of that service for the period indicated. Thereafter, you agree that monthly payments (or other periodic payments as specified on the Website at the time of purchase) will continue to be charged to your credit card on a recurring basis until you cancel your Subscription Service. The amount of the recurring charge will be the then-current subscription fee applicable to the Subscription Service you selected.
You acknowledge that the amount of the recurring charge may increase if the applicable subscription fee increases. Subscription Services must be cancelled in writing (by email to [email protected]) at least thirty (30) days prior to your next recurring payment in order to avoid billing of the next Subscription Service recurring payment. Subscription Service fees are not prorated or refundable unless expressly stated otherwise on the Website.
If your payment method fails or your account is past due, we reserve the right to either suspend or terminate your Subscription Services. Any such suspension or termination will result in the cancellation of any promotional programs applicable to your Subscription Services.
You agree to submit any disputes regarding any charge to your account in writing (at the email address above) to us within sixty (60) days after such charge, otherwise such dispute is waived by you and such charge will be final and not subject to challenge.
24. Warranty and Disclaimers Relating to Purchases
Our company makes no guarantee that it will accomplish any particular result for you or your business, and the company will not guarantee the delivery or performance of any deliverables or services except as is expressly agreed upon in writing. All products and services offered on this website are provided "as is" without any warranty whatsoever, including, without limitation, any (a) warranty of merchantability; (b) warranty of fitness for a particular purpose; or (c) warranty against infringement of intellectual property rights of a third party; whether express or implied by law, course of dealing, course of performance, usage of trade, or otherwise.
Without limiting the foregoing, you may from time to time view instructional materials and videos through the website. You understand that every person’s situation is different, and that the company and its representatives are not able to determine whether its instructional materials are appropriate for you. Neither the company nor any presenter of such instructional materials or information makes any claim, guarantee, or warranty that their information or programs are effective or appropriate in any certain situation. The website videos and materials are provided for learning purposes, but any person attempting to utilize such information and programs must rely upon his/her own judgment in determining whether, how, and in what situations to utilize the information and programs on the website. Because every person is unique, you hereby waive any and all claims against the company (and the presenter of any information on the website) that relate in any way to the instructional materials, videos, and other programs and information presented on the website, including but not limited to any claim for negligence, gross negligence, fraud, or misrepresentation.
You further agree to the terms of our earnings disclaimer with respect to your purchases on the website.
We do not manufacture or control any third-party products or third-party services offered on our website. The availability of third-party products or services through our website does not indicate an affiliation with or endorsement of any product, service, manufacturer, service provider, or business. Accordingly, we do not provide any warranties with respect to the third-party products or services offered on our website.
25. Limitation of Liability
TFloFitness and its affiliates, licensors, service providers, employees, agents, officers, or directors will not be liable for any consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, including lost profits, revenues, business, diminution in value, or similar damages arising from your use or inability to use the Website, linked websites, membership programs, content, or any products or services obtained through the Website, even if foreseeable.
This limitation applies regardless of whether the damages were foreseeable, whether we were advised of the possibility, or the legal theory upon which the claim is based (contract, tort, or otherwise). Our maximum liability, and your sole and exclusive remedy, will be limited to the amount you paid for the products, services, or membership ordered through our Website.
26. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.
Your use of the website, its content, and any services or items obtained through the website is at your own risk. The website, its content, and any services or items obtained through the website are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the website. Without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the website, its content, or any services or items obtained through the website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our website or the server that makes it available are free of viruses or other harmful components, or that the website or any services or items obtained through the website will otherwise meet your needs or expectations.
Without limiting the foregoing, the company is not acting as a financial or legal advisor and does not guarantee that you will achieve any particular result from using the website or from participating in the company’s membership programs located on its websites. Please see our complete earnings disclaimer, accessible in the footer of our website, for additional details. The company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose.
27. Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
The Website may provide certain social media features that enable you to (a) link from your own or certain third-party websites to certain content on the Website; (b) send e-mails or other communications with certain content, or links to certain content, on the Website; or (c) cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features.
Subject to the foregoing, you must not (a) establish a link from any website that is not owned by you; (b) cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; (c) link to any part of the Website other than the homepage; (d) otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms & conditions. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
28. Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
29. Geographic Restrictions
The owners of the Website are based in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
30. Indemnification
You agree to defend, indemnify, and hold harmless TFloFitness, its affiliates, licensors, service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms & Conditions, your use of the Website, including but not limited to your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms & Conditions, any information or materials you submit, post, or transmit through the Website, including but not limited to User Contributions, and your violation of any rights of another person or entity, including but not limited to intellectual property rights or privacy rights. This indemnification obligation will survive the termination of these Terms & Conditions and your use of the Website.
31. Force Majeure
TFloFitness shall not be held liable for any failure or delay in performing its obligations under these Terms & Conditions if such failure or delay is caused by events beyond its reasonable control, including but not limited to natural disasters, acts of God, war, terrorism, labor disputes, governmental actions, interruptions in telecommunication or internet services, supply chain disruptions, pandemics, or any other event that is outside the reasonable control of TFloFitness (each a "Force Majeure Event").
In the event of a Force Majeure Event, TFloFitness's obligations hereunder will be suspended for the duration of the Force Majeure Event, and TFloFitness will use reasonable efforts to mitigate the effects of the Force Majeure Event. If the Force Majeure Event continues for a period exceeding 30 days, either party may terminate the affected services by providing written notice to the other party.
32. Governing Law, Jurisdiction, and Arbitration
All matters relating to the Website and these Terms & Conditions, including any dispute or claim arising from or related to them (whether contractual or non-contractual), shall be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Any legal suit, action, or proceeding arising out of or related to these Terms & Conditions or the Website shall be instituted exclusively in the state or federal courts located in Los Angeles County, California. However, TFloFitness reserves the right to bring any action against you for breach of these Terms & Conditions in Los Angeles County, California, your county of residence (if within the United States), or any other relevant jurisdiction (if outside the United States). You hereby waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At the sole discretion of TFloFitness, any disputes arising out of or related to these Terms & Conditions or the Website, including disputes concerning their interpretation, validity, or enforcement, may be submitted to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association, applying California law.
33. Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms & Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms & conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms & conditions will continue in full force and effect.
34. Contact Information
If you have any questions about these terms, please contact us at:
TFloFitness
Website: https://www.tflofitness.com
Email: [email protected]
* Last updated 27 August 2024