Terms and Conditions
Effective Date: 19 Dec 2017
The terms “we,” “us,” and “our” refer to TD Fitness LLC, (“TD Fitness”). The terms “website, “ or “site” refers to https://tdfitness.net. The terms “user,” “you,” and “your,” refers to website visitors, customers, clients and any other users of the website.
The services provided by TD Fitness LLC including nutrition assessments, fitness plans, health coaching, online personal training, healthy living courses and programs, a blog and other website resources are referred to as the “Service.”
Your use of the Site
Your use of the Site is intended for personal, noncommercial use only. By accessing or using the Site, you agree to comply with all applicable local laws. Except in instances where we have given you specific, express permission, you may not use, reproduce, distribute publicly, display publicly, perform, publish, transmit or create derivative works from, or otherwise unlawfully use any content on the Site.
You may not use any features of this Site that permit communications or postings, to post, transmit, display, or otherwise communicate any of the following:
- Any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
- Any advertisement, solicitation, spam, chain letter, or other similar type of information;
- Any encouragement of illegal activity;
- Unauthorized use or disclosure of private, personally identifiable information of others; or
- Any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.
Site Content and Disclaimer
TD Fitness LLC makes no representations or warranties that the information provided on this website, regardless of its source, (“content”), is accurate, complete, reliable, current, or error-free. TD Fitness LLC disclaims all liability for any inaccuracy, error or incompleteness in the content.
This website is an educational and informational resource to educate visitors on healthy living, and is not a substitute for working with a physician, physical therapist, registered dietitian or other professional. As with any health and fitness information or advice, you should always consult your physician beforehand.
We cannot guarantee the outcome of following the recommendations provided in any statements made on this Site regarding the potential outcome of any given situation. The recommendations presented on this Site are expressions of our opinion only.
There are no guarantees made by us about the information and recommendations. By continuing to use this website you acknowledge that we have not made any guarantee or any particular result. Therefore, following any information or recommendations provided on this website should be relied upon at your own risk.
TD Fitness LLC owns the content on the Site, including, but not limited to written content, products, services, text, photographs, illustrations, images, designs, graphics, files, information, instructions, principles, downloadable publications, downloadable products, sounds, music, sales copy, advertising copy, website layout, website design, any and all derivative works or enhancements of the content, the compilation, assembly and arrangement of the copyrightable material on this site, and all intellectual property rights to the Content, including derivative works enhancements compilations assembly and arrangements, unless otherwise expressly stated on the site. By accessing or using the Site and/or Content you do not acquire any right title or interest in the Site or the Content.
TD Fitness LLC does permit sharing of content with those whom you may wish to provide this information. TD Fitness original content is not to be sold or exchanged for goods or services. It may be shared via email, social media and other forms of online community engagement provided the information is linked back to https://tdfitness.net.
Third party links
This website may contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability of, accuracy, content or policies of any third-party websites or resources. If there are links to other websites and resources that does not imply that we are in any way endorsing or affiliated with those third parties unless explicitly stated otherwise. You acknowledge and accept sole responsibility for and assume all risk arising from your use of any other websites or resources. You should consult the Terms and Conditions of any third-party website you visit.
Disclaimer of warranty
YOU UNDERSTAND AND AGREE THAT THE SITE, IT’S CONTENT, AND THE INFORMATION, MATERIALS AND PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT PROVIDED ON THE WEBSITE. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THEY MAY RESULT FROM ACCESSING, USING OR DOWNLOADING ANY MATERIAL OR PRODUCT FROM THIS WEBSITE. WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE OR THAT YOUR USE OR ACCESS TO THE WEBSITE OR IT’S CONTENT WILL BE ERROR-FREE OR VIRUS FREE. THESE DISCLAIMERS OF WARRANTY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, THESE LIMITATIONS OF WARRANTIES ARE NOT PERMITTED AND MAY NOT APPLY TO YOU.
You agree that we shall not be liable for any damage, loss, or expense of any kind arising out of or resulting from your possession or use of the materials, content, or information on this Site, regardless of whether such liability is based in tort, contract, or otherwise.
Except as expressly provided in these terms, and to the fullest extent allowed by the law, TD Fitness LLC and tdfitness.net will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.
You will at all times indemnify, and indemnify TD Fitness LLC and tdfitness.net, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms.
THIS PARAGRAPH IMPACTS YOUR LEGAL RIGHTS: PLEASE READ. You and Company agree to resolve any dispute related to these terms of sale through binding and final arbitration. YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS CLAIM THAT YOU MIGHT HAVE AGAINST US.
Affiliate links disclaimer
Some of the links contained in this website may be affiliate links. This means that we may receive a commission if you click on the link and make a purchase from the affiliate. We only recommend products and services known and trusted by us, whether an affiliate relationship exists or not.
Controlling law & jurisdiction
This AGREEMENT is governed by and shall be construed in accordance with the laws of the State of Virginia, and in the event of any dispute arising in relation to this Agreement or any dispute arising in relation to the Site whether in contract or tort or otherwise the State of Virginia courts will have exclusive jurisdiction over the dispute, unless mandatory applicable laws require otherwise.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through this website, including but not limited to any consent you give to receive communications from TD Fitness LLC solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.