Terms and Conditions

TERMS AND CONDITIONS OF USE

Last Update: March 1, 2022

Terms and Conditions of Use | Privacy Policy | Disclaimer

Welcome and thank you for visiting a TMF FITUNATE LLC website, including, without limitation, toniafisher.com, stayontheglow.com, sunshineandsuccess.com, knoxandmello.com, glowbeyondcollective.com, fitpowerfully.com, and legacylevelup.com (the “Websites”).

The terms ‘TMF FITUNATE,” “company,” “we,” “us,” “our,” and “Tonia Fisher” refer to TMF FITUNATE LLC.

The terms “user,” “you,” and “your” refer to the Websites visitors, customers, and any other users of the Websites.

Please read the Terms and Conditions of Use carefully, and in full, before you start any use of the Websites.

Use of the Websites, including all materials and all online services of the Websites is subject to the following Terms and Conditions of Use.

By browsing, accessing and using the Websites, 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 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.

By accessing, purchasing or using any of our programs, products, services, and program materials (“Products and Services”), in any manner, you agree that you have read, understood and agree to be legally bound by the terms of this Agreement and the accompanying Terms and Conditions of Purchase with respect to such product, service, program, or materials. In the event of any conflicts between the terms of the Agreement and the Terms and Conditions of Purchase, the Terms and Conditions of Purchase shall control.

Capitalized words not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

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, services or program 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 our program materials, you represent and warrant that you are at least 18 years old.

CHANGES TO THE TERMS OF USE

These Terms and Conditions are subject to change by TMF FITUNATE 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 the Websites thereafter. Your continued use of the Websites 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 Websites.

If at any time you choose not to accept these Terms and Conditions of Use, please do not use the Websites or any of our connected websites.

YOUR ACCOUNT

Account Creation

In order to use the Websites, 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 the Websites violate any laws in your jurisdiction.

You agree that TMF FITUNATE 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 Websites, 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 or 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 Websites 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 is under no obligation to accept an individual’s registration to become a registered user of the Websites. We may accept or reject any registration in our sole and complete discretion. Moreover, TMF FITUNATE may deactivate any account at any time, including, without limitation, if it determines that a registered user has violated this Agreement.

TMF FITUNATE 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, workshop, conference, or event, whether live or online. TMF FITUNATE may at any time change or discontinue any aspect or feature of the Websites or our Products and Services.

YOUR CONDUCT ON OUR WEBSITES

TMF FITUNATE wishes to only provide safe spaces for our general and registered users. You may use the Websites for lawful purposes only. Use of the Websites is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Websites. You agree to use the Websites and to purchase services or products through the Websites 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 Websites. You shall not post, upload, email, share, or otherwise transmit, distribute or facilitate distribution of any content through the Websites 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 Websites 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 Websites 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, clock, or in any other way interfere with any advertisements and/or safety features on the Websites.

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 Websites. 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 Websites. However, we have the right at our sole discretion to remove any content that, in our judgment, does not comply with these Terms and Condition of Use and any other rules of user conduct for the Websites, 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 Websites may be available to you or other authorized users of the Websites. You shall not interfere with anyone else’s use and enjoyment of the Websites 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 Websites 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 Websites. 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 Websites including, but not limited to, articles, courses, online programs, information products, individual and group coaching, consulting, digital downloads, videos, and other like products and services.

These terms, policies and procedures apply to all TMF FITUNATE Products and Services sold on the Websites or any other website site owned by TMF FITUNATE 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 of the Websites, 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 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, or professional advisor before acting on any information related to a lifestyle change 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 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 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, 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, conference, retreat, or event. We will email separately to confirm that you have been accepted into the class, workshop, course, conference, retreat, or event.

Return and Cancellation Policy

There are no refunds for digital downloads. Due to the digital and instant download nature of digital downloads there are no refunds, returns, cancellations, or exchanges for digital downloads.

Each program, product or service has, or will have, its own cancellation, refund, or return policy. 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 contact us to cancel your subscription at support@toniafisher.com 30 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 any 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.

Payment Collections

While TMF FITUNATE does 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 TMF FITUNATE products, services, or content that you previously acquired may not be available for subsequent download or access at any given time, and TMF FITUNATE 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.

TMF FITUNATE reserves 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.

INTELLECTUAL PROPERTY

You acknowledge and agree that all content presented and provided to you on the Websites 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 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 and/or viewed by users on the Websites. This includes lesson plans, coursework, training modules, printable, 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, or its Affiliates. You are only permitted to use the content as expressly authorized by us.

TMF FITUNATE 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 Websites 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 (the TMF FITUNATE Trademarks) used and displayed on the Websites are registered and unregistered trademarks or services marks of TMF FITUNATE. Nothing on the Websites 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 or content from the Websites 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 Websites. You are not to use, and are unauthorized to use any content or materials from the Websites for any business or commercial use, unless you receive express written authorization and consent from TMF FITUNATE. You may not remove any trademark, copyright, or other notice from the content of the Websites.

Free Downloadable Resource Content

TMF FITUNATE grants you a revocable limited, personal, non-commercial, non-exclusive, non-transferable license to use some of our downloadable resources in exchange for your email 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 free downloadable resource content in any manner. You may not sell or redistribute the downloadable resource content without the express written consent of TMF FITUNATE. By downloading the resource content, you further agree that you shall not create any derivative work based upon any of the written, verbal/audio, or visual Content and you shall not offer any competing products or services based upon any of the proprietary information contained in the written, verbal/auditory or visual Content.

Templates + Forms

TMF FITUNATE 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. If you violate this license by selling or giving a copy of our template or form to anyone, we reserve the right to invoice you for the license you have sold or gifted to others and revoke your access to our template and forms permanently.

Courses, Programs, and Associated Materials

TMF FITUNATE grants you a revocable limited, personal, non-commercial, non-exclusive, non-transferable license to use trainings and associated materials 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 courses, trainings, programs, or associated materials (collectively “Courses”) in any manner. By purchasing or participating in Courses, you agree that the Courses you purchase or download may only be used by you for our personal use and may not be sold or redistributed without the express written consent of TMF FITUNATE. If you violate this license by selling or giving a copy of our template or form to anyone, we reserve the right to invoice you for the license you have sold or gifted to others and revoke your access to our Courses permanently. By purchasing or participating in Courses, you further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any proprietary information contained in the Courses.

Any unauthorized use of the Content or materials appearing on the Websites 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 Websites 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, should 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, social media postings, photos, videos) to us via the Websites, internet groups, social media venues, or to TMF FITUNATE or any of its employees, staff, or representatives via email, text or otherwise, you are representing: (i) that you are the owner of the material, or 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.

You retain all copyright any other intellectual property rights you may rightfully hold in any content which you submit through the Websites. 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 Websites 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, are entirely responsible for all of your content that you upload, post, email, or otherwise transmit via the Websites. 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 Websites, 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 for business and promotional materials, or in conjunction with the sale of any products or services, unless you specifically request otherwise. 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.

Intellectual Property Rights to Your Materials

We claim no intellectual property rights over the material you supply to TMF FITUNATE via the Websites or otherwise. You retain copyright and any other rights you may rightfully hold in any content which you submit through the Websites. Content you submit to TMF FITUNATE, remains yours to the extent that you have any legal claims therein. You agree to hold TMF FITUNATE 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.

We respect the intellectual property of others. If you or any user of the Websites believes their copyright, trademark, or other property rights have been infringed by a posting on the Websites, you or the user should send notification to Tonia Fisher at support@toniafisher.com or mail the notification to PO BOX 16706, Chicago, IL 60616. 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.

NO WARRANTY OR LIABILITY

The information presented on the Websites is provided “as is” and “as available,” without representation or warranty of any kind. TMF FITUNATE 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.

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 Websites or our Products and Services. Additionally, TMF FITUNATE 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 TMF FITUNATE has 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 TMF FITUNATE’s cumulative liability to you exceed the total purchase price of the product or service you have purchased from us, and if no purchase has been made by you, TMF FITUNATE’s cumulative liability to you shall not exceed $100. Please also see our Disclaimer.

TMF FITUNATE reserves the sole right to either modify or discontinue the Websites, including any of the website’s features, at any time with or without notice to you. TMF FITUNATE will not be liable to you or any third party should it exercise such right.

EXTERNAL/THIRD PARTY WEBSITES

The Websites 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 third party websites if you have any concerns regarding any content or links located on the sites. TMF FITUNATE 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 websites. 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. 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 Websites, 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 Websites, or any products or services provided by TMF FITUTATE.

NOTICES

All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to TMF FITUNATE 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 Websites to inform you of changes to the Websites or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.

When you visit the Websites 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 Websites 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 Websites users and TMF FITUNATE relating to the use of the Websites.

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 and constitutes the complete and final agreement related to the use of the Websites or any products or services provided by TMF FITUNATE. 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 Websites 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.

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