Terms of Service
Welcome to the Internet website (the “Site”) of Taylor Made Fitness (TMF, “we", "us", or "our"). PLEASE REVIEW THE FOLLOWING TERMS THAT GOVERN YOUR USE OF THIS SITE.
ACCEPTANCE OF TERMS THROUGH USE
The Site is provided as a service to our customers and may be used for informational purposes only. We make no representations about the suitability of the Site for any other purpose.
CLASS ACTION WAIVER
Each party agrees that an arbitrator, judge, magistrate or other similar authority may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action.
The Site and the Contents are intended solely for your personal, informational, non-commercial and entertainment use. You may copy or download the Contents for your personal use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to any Contents, (iii) you do not use any Contents materials in a manner that suggests an association with TMF or any event, product, service, or brand, and (iv) you do not download quantities of Contents to a database that can be used to avoid future downloads from the Site. Otherwise, you may not copy, reproduce, republish, upload, post, transmit, distribute, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software without TMF’ prior written consent. Any use of the Contents on any non-TMF Site or computer environment is strictly prohibited. In the event you download software from the Site, the software, including any files, images, or data accompanying, incorporated in or generated by the software (collectively, the "Software"), are licensed to you for your personal, noncommercial use only. TMF does not transfer title to the Software or any other materials on the Site to you. You may not redistribute, sell, de-compile, reverse engineer, disassemble, modify, or otherwise reduce the Software to a human-readable form. You also agree not to deep-link to the Site for any purpose, unless specifically authorized by TMF to do so. We post a legal notice and various credits on pages of the Site, which may not be removed. Please do not remove this notice or these credits, or any additional information contained along with the notices and credits.
No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. TMF reserves complete title and full intellectual property rights in any Content you download from this website.
Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from TMF.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR ANY USE OF THE SITE AND THE CONTENTS, WHICH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR PERSONAL, NON-COMMERCIAL USE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TMF DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND SECURITY OR CONFIDENTIALITY OF USE OR INFORMATION. TMF MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SITE OR THE CONTENTS, INCLUDING WITHOUT LIMITATION THE AVAILABILITY OF THE SITE, ANY CORRECTIVE EFFORTS FOR ANY DEFECTS OR ERRORS ON OR IN THE SITE, THE ABSENCE OF ANY VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, OR THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENTS. COSTS ASSOCIATED WITH ANY SERVICING, REPAIR, OR CORRECTION ASSOCIATED IN ANY WAY WITH ANY USE OF THE SITE OR THE CONTENTS ARE YOUR SOLE RESPONSIBILITY.
Goods or services neither manufactured nor rendered by TMF are the sole responsibility of the manufacturer or provider of those goods or services. TMF disclaims all warranties and responsibility for those goods and services. The Site may contain links to websites controlled by parties other than TMF. Those links are provided for your convenience only; we disclaim all warranties and responsibility for those websites, and for the accuracy, availability, or completeness of any content found on those websites. The Site does not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. We make no representations or warranties as to the security of any information (including without limitation credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against TMF or any TMF parent, subsidiaries, limited liability or affiliate companies with respect to such sites and third-party content.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL TMF OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SPONSORS, OR PROMOTIONAL PARTNERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND RESULTING FROM OR IN ANY WAY ASSOCIATED WITH THE SITE, THE CONTENTS, ANY LINKED SITES, OR ANY USE THEREOF. THIS LIMITATION APPLIES TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW AND WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ISC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
REGISTRATION AND ACCOUNT SECURITY
To the extent applicable at the TMF Site, in order to become a member at the Site, you may be required to register for a Site account (“Account”). If you choose to register for an Account, you agree to: (a) provide true, accurate and complete information about yourself as prompted by the registration form; and (b) maintain and promptly update such information to keep it true, accurate, current and complete as permitted through the functionality of the Site. You acknowledge and agree that TMF will have no liability associated with or arising from your failure to maintain accurate registration information, including, without limitation, your failure to receive important information and updates about the Site. If TMF has reasonable grounds to suspect that the information you provided on the registration form or otherwise is untrue, inaccurate or incomplete, TMF may suspend or terminate your Account and refuse any and all current or future use of the Site (or any portion thereof) by you.
TMF makes no representation that the Site or the Contents are appropriate or available for use in locations outside the United States. If you use the Site or Contents from a location other than the United States, you are solely responsible for compliance with all applicable local laws, including without limitation any import and export regulations.
CHOICE OF LAW AND FORUM
We are pleased to hear from our visitors and welcome your comments regarding our products and services. Unfortunately, however, our company policy does not allow us to accept or consider creative or original ideas, suggestions, or materials other than those that we have specifically requested. We hope you will understand that the intent of this policy is to avoid the possibility of misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Please do not send us any unsolicited materials such as ideas, artwork or photos. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials (unless specifically requested by us).
If, at our request, you send certain submissions (such as postings to chat boards, or contest entries) or, despite our request, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, TMF property. No Submission shall be subject to any obligation of confidence on TMF’s part and TMF shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, TMF shall exclusively own all now-known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
By posting or submitting content to this site, you (1) grant TMF and its parent, subsidiaries, and affiliates and their licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and (2) warrant and represent that public posting and use of that content by TMF will not infringe or violate the rights of any third party.
The Site may offer opportunities for users to submit and post their own user content (collectively, "User Materials") in connection with various Site features, including posting to blogs, communicating with other Site users and posting comments to discussion forums (each, a "Community Feature"). The selection of available Community Features may change from time to time in the sole discretion of TMF.
By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Material in connection with The Site, whether solicited or unsolicited, you are granting TMF a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to publish, transmit, perform, display, create derivative works from and otherwise use such User Material for any purpose, including, without limitation, advertising and promotional purposes, in any media, now or hereafter known. No credit, approval or compensation is due to you for any such use of User Materials you may submit. TMF also has the right, but not the obligation, to use your username (and real name, image, likeness or other identifying information, if provided in connection with User Materials), city and state in connection with broadcast, print, online or other use or publication of your User Materials. All User Materials become the unrestricted licensed property of TMF.
You represent and warrant that you own or otherwise control any and all rights in and to the User Materials and that public posting and use of the User Materials by TMF will not infringe or violate the rights of any third party in any manner.
TMF may at its own discretion monitor and prescreen User Materials, and while TMF and its designees reserve the right, but not the obligation, in their sole discretion to refuse, move, edit or delete any User Materials without prior notice, in whole or in part, that is deemed to violate these Terms or is otherwise objectionable, you agree to be responsible for, and bear all risks associated with, the use of any User Materials, including any reliance on the accuracy, completeness or usefulness of such User Materials.
In your use of any Community Feature, you agree, without limitation, not to upload, transmit, distribute or otherwise publish in any form any User Material that is:
libelous, defamatory, obscene, abusive, pornographic, threatening or an invasion of privacy; an infringement of the intellectual property rights, including, but not limited to, copyrights and trademarks, of any person or entity;
illegal in any way or advocates illegal activity;
an advertisement or solicitation of funds, goods or services;
a message posted by a user impersonating another;
personal information, such as messages which identify telephone numbers, social security numbers, account numbers or addresses; or
could be considered bulk unsolicited communications.
You acknowledge that TMF is not responsible for any User Material posted in any Community Feature or otherwise available at or through The Site, including, without limitation, comments made by a Friend about prospective purchases. TMF is merely providing access to such Community Features and User Materials as a service to you to be used in accordance with these Terms. You may only use the Community Features in a personal, noncommercial manner. With respect to any User Materials posted by other users, you acknowledge and agree that such users are solely responsible for the User Materials they post, including, without limitation, the reliability, accuracy and truthfulness of any such User Materials. TMF has no control over whether such User Materials are of a nature that you might find offensive, distasteful or otherwise unacceptable and, accordingly, TMF expressly disclaims any responsibility for User Materials. Just as when you view content in any other setting, you should exercise appropriate discretion, good judgment and caution in using User Materials in any Community Feature and in taking any actions based upon such User Materials. Accordingly, you will bear all risks associated with any User Materials that you access or use.
TMF reserves the right, but not the obligation, to monitor, edit and/or remove any User Materials deemed inconsistent with these Terms or our policies. TMF also reserves the right to terminate your Account if you violate any of these Terms or our policies, as determined in our sole discretion.
If you are aware of any User Material on The Site which violates these Terms, please contact us by using the email support function at the Website. Please provide as much detail as possible, including a copy of the underlying material, the location where TMF may find it, and the reason such User Material should be removed. Please note that filing a complaint will not guarantee its removal, TMF will only remove User Materials if TMF believes the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow the instructions set forth in the section below entitled "Copyright Infringement Claims." Although TMF may attempt to monitor User Materials, in no event does TMF assume any particular obligation to do so or any liability for failing to either monitor any Community Feature or remove specific User Materials.
TMF respects the rights of all copyright holders and in this regard TMF has adopted and implemented a policy that provides for notification and removal of content that allegedly infringes the rights of copyright holders. If you believe that your work has been copied at the Site in a way that constitutes copyright infringement, please provide TMF’ Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyright work claimed to have been infringed or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that Site;
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 us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party;
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; and
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.
TMF’s Copyright Agent for notice of claims of copyright infringement on or regarding the Site can be reached by email to: firstname.lastname@example.org.
Please note that under the same law any person who knowingly materially misrepresents that material or activity is infringing may be liable for damages, including costs and attorneys’ fees.
RISK OF LOSS
All items purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery of the product to the carrier.
SEVERABILITY AND INTEGRATION
TMF may, in its sole discretion, terminate, change, modify, suspend, make improvements to or discontinue any or all aspects of the Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time with or without notice to you. You agree that TMF shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
You may terminate your use of the Site at any time. TMF reserves the right, in its sole discretion, to terminate your access and license to all or part of the Site at any time with or without notice.