By purchasing the TD Fitness Monthly Membership you (“Participant”) agree to all of the terms contained in this Agreement.
PROGRAM
TD Fitness LLC (“Company”) agrees to provide the membership (“Program”) made available through our online commerce shopping cart. Participant agrees to abide by all policies and procedures as outlined in this Agreement as a condition of their participation in the Program.
RELATIONSHIP BETWEEN PARTICIPANT AND COMPANY
Participant further understands that a 1-1 relationship does not exist between the parties after the conclusion of this Program. If Participant would like to engage Company for 1-1 consulting services, the parties will enter into a separate agreement.
FACEBOOK GROUP
Participant understands the enrollment fee for this Program covers the actual Program ONLY and the Facebook Group component, when offered, is purely complimentary and Company reserves the right to terminate the Facebook Group at any time, with or without notice.
FEES
The fee for the Program is the monthly rate offered at Participant’s initial purchase. Participant authorizes TD Fitness LLC to charge Participant’s credit card on a monthly basis.
MISSED PAYMENTS
If Participant’s card is declined for any payment, Participant will receive an email notifying Participant of the declined charge and requesting updated credit card information. Participant’s card may be re-run 1 day after the first declined transaction. If Participant has not provided a form of payment for a successful charge within 5 days, Participant’s access to the Program will be suspended until payment is made; or terminated immediately, without refund of the installments made.
REFUND POLICY
TD Fitness LLC (Company) is committed to supporting Participant through their personal journey. Refunds are not offered, however Participant may cancel their membership at any time.
DISCLAIMER
Participant understands that TD Fitness LLC is not a doctor, therapist, registered dietician, or physical therapist for Participant. Participant also understands that their participation in this Program will not prevent, treat or diagnose any disease, illness (mental or otherwise), or ailment and if they should experience any such issues they should see their doctor, therapist, registered dietician, physical therapist or other practitioner as determined by their own judgment.
Participant understands that TD Fitness LLC has not promised, shall not be obligated to and will not deliver any guaranteed outcomes as a result of following the recommendations set forth in the Program. Participant should make their own lifestyle decisions based on their own personal goals, objectives and desires. The information provided in this Program is not intended as professional medical advice and should not be used as a substitute for obtaining such advice from a licensed professional. All information provided is based on the research, knowledge and personal experience of TD Fitness LLC and should be followed at Participant’s discretion.
TD Fitness LLC makes no representations, warranties or guarantees verbally or in writing. Participant understands that because of the nature of the Program, the results experienced by each Participant may vary significantly. Program information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. TD Fitness LLC assumes no responsibility for errors or omissions that may appear in any Program materials.
While TD Fitness LLC believes that fitness and nutrition are utterly important for health; specific outcomes for each individual will be unique and are dependent on multiple factors such as past medical history, genetics, environment, medications, implementation, and other factors.
The views, recommendations, strategies, and opinions offered on this Site are general in nature and should not be interpreted to be tailored to your unique situation. There is no ‘one-size-fits-all’ solution when it comes to nutrition and health. Your use of this Site does not create a doctor-patient relationship between you and TD Fitness LLC and is not a substitute for specific medical advice.
Information and statements regarding products and services made available through this Site have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease.
You should always consult your physician prior to starting any health program or following any recommendations provided through this Site.
Participant further understands that a one-on-one relationship does not exist between the parties after the conclusion of this Program. If the Parties decide to continue their relationship, a separate agreement will be entered into.
FACEBOOK COMMUNITY GUIDELINES
The Facebook Group is a place where everyone should feel welcome, safe, and secure. The purpose of the group is to connect with, share, and inspire others. Negativity, gossip, and cyber-bullying will not be tolerated.
Each member should feel safe to share in the group. You may not copy, steal, or share the content, ideas, strategies, or plans of the members in the group without their permission.
You may not contact the other members outside of the group without their permission.
Adding members to your email list without their permission is strictly prohibited.
Failure to adhere to the Terms of Use and this Participation Agreement may result in removal from the Facebook Group.
Company reserves the right to remove Participant from the Facebook Group at any time, without notice, if Company views Participant’s conduct within the Facebook Group to be inappropriate or disruptive. Such a determination shall be made by Company in its sole and absolute discretion.
CONFIDENTIALITY
The Company respects Participant’s privacy and insists that Participant respect the Company’s and other Program Participants’ (“Participants”) privacy. Any Confidential Information shared by Program Participants or any representative of the Company is confidential, proprietary, and belongs solely and exclusively to the Participant who discloses it. Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, in the Online Community forum or otherwise.
Participant agrees not to use such confidential information in any manner other than in discussion with other Participants during the Program. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party.
AFFILIATE LINKS DISCLAIMER
Some of the links offered through this Program may be affiliate links. This means that Company may receive a commission if Participant clicks on the link and makes a purchase from the affiliate. Company only recommends products and services known and trusted by Company, whether an affiliate relationship exists or not. Notwithstanding the foregoing, Company makes no guarantees as to the fitness or accuracy of any product, service, or information contained on any third-party links contained in the Program. It is Participant’s responsibility to consult the Terms and Conditions of any third-party website.
NON-DISCLOSURE OF PROGRAM MATERIALS
Material given to Participant in the course of Participant’s participation in the Program is proprietary, copyrighted and developed solely and specifically for Company. All materials, procedures, policies, and standards, all teaching manuals, all teaching aids, all supplements and the like that have been or will be made are for personal use in or in conjunction with this digital program only. Original materials that have been provided to Participant are for Participant’s individual use only and a single-user license. Any disclosure, reproduction or sale by Participant to a third party is strictly prohibited. Program content may not be sold, tape recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of TD Fitness LLC (Company). No license to sell or distribute Company’s materials is granted or implied.
NO TRANSFER OF INTELLECTUAL PROPERTY
Participant agrees not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights.
PARTICIPANT RESPONSIBILITY
The Program is developed strictly for educational and informational purposes ONLY. Participant accepts and agrees that Participant is entirely responsible for Participant’s own progress and results from the Program.
SEVERABILITY/WAIVER
If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
LIMITATION OF LIABILITY
Participant agrees that their use of Company’s Program is at their own risk and that Program is only being provided as an informational and educational service. Participant releases Company, its members, officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from participation in the Program. Participant accepts any and all risks, foreseeable or unforeseeable.
Participant agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program. Company assumes no responsibility for errors or omissions that may appear in any of the program materials.
IN NO EVENT SHALL COMPANY’S LIABILITY TO CLIENT EXCEED THE FEES PAID UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY.
NON-DISPARAGEMENT. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other.
Neither Participant nor any of Participant’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
MODIFICATION. Company may modify the terms of this agreement at any time. All modifications shall be posted on tdfitness.net or fitlifeprogram.com and Program participants shall be notified.
TERMINATION. Company is committed to providing all Participants in the Program with a positive Program experience. By agreeing to this Participation Agreement, Participant agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Participant’s participation in the Program without refund if Participant becomes disruptive to Company or Participants; Participant fails to follow the Program guidelines; is difficult to work with; impairs the participation of the other participants in the Program; or upon violation of the terms as determined by Company.
INDEMNIFICATION. Participant hereby indemnifies and holds harmless the Company and/or Consultant, its officers, directors, employees, contractors, affiliates, agents, successors and assigns from and against any and all claims, liabilities, damages, actions, causes of action, suits, threats, demands, settlements, including all costs and attorney fees related thereto, that the Company and/or Consultant may incur and which are based in whole or in part upon the Participant’s participation in the Program and any claims that any of the Participant’s trademarks and other intellectual property and proprietary material infringe upon the rights of any third party, the Participant breach of any term, covenants, condition, representation or warranty contained in this Agreement or any policies of participation in the Program, or any claim related directly or indirectly to the Participant’s use, operation or the content of TD Fitness LLC’s (Company)’s website. Participant shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Participant recognizes and agrees that all of Company’s/Consultant’s members, shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of Company.
RESOLUTION OF DISPUTES. Any dispute arising out of this Agreement must be brought and decided in the courts of Fairfax County, Virginia.
This Agreement shall be governed by and construed in accordance with the laws of the State of Virginia.
CONTACT. Any questions or concerns related to this Agreement should be sent through our contact page.