Terms and Conditions

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The Fitness Solution (TFS) - Terms of Use

Please entirely read this Terms of Use Policy. 

By utilizing our Services and/or purchasing a Class, Session of Classes or Program or providing your email to subscribe or receive other materials available on or through our Services, you agree to the terms of this Policy.

Introduction

This Terms of Use Policy (“Terms of Use” “Terms”) applies to this website and any other websites or mobile apps to include the content, information, resources, products and services (“the Services”) owned and/or operated by The Fitness Solution (“The Fitness Solution” “TFS” “we” “us” “our”). By visiting and engaging in the Services we provide, you understand and agree to accept and adhere to the Terms of Use in this policy, along with the terms of our Privacy Policy.

Conduct and Use

By engaging in our Services, you agree to use them only for the purposes intended as permitted by these Terms of Use, applicable laws, regulations and generally accepted online practices and/or standards.

You are solely responsible for any consequences, losses, or damages that we may incur or suffer due to any unauthorized activities conducted by you. As a result, you may incur criminal or civil liability.

We may provide various public communication tools on our website, such as blog posts, public chat, message boards, product ratings and reviews, social media services etc. You understand that we do not pre-screen or monitor the content posted by Users of these tools. If you choose to post, it is your responsibility to do so in an acceptable and ethical manner.

Users agree to:

1. dress in appropriate fitness apparel, avoiding any items or accessories that may be derogatory or offensive and/or pose a distraction or be disruptive to other Users;

2. speak in respectful tones and refrain from the use of vulgar or derogatory language; 

3. avoid offensive or derogatory graphics or language on any apparel, avoid wearing clothing and/or jewelry that portray negative messages. Tattoos deemed inappropriate must be covered.

4. attend our Services in an appropriate space and/or location to properly and safely participate;

5. avoid spaces and/or locations while attending our Services which may be offensive, distractive or disruptive to other Users participating in our Services.

Users are not permitted to:

1. discriminate or make discriminatory comments of any form or manner, including without limitation on the basis of race, gender, religion, sex, gender identity, age, disability, ethnic origin, or sexual orientation when using our Services;

2. disparage, defame, name-call, or engage in any form of intimidation against another User, including swearing or use of any other inappropriate or offensive language, or making offensive or insensitive remarks of any kind when using our Services;

3. make or post any sexually explicit remarks or images, or engage in any act of sexual misconduct, including but not limited to sexual innuendo, sharing sexually explicit content, or making offensive or inappropriate advances or comments to other Users when using our Services;

4. reveal personally identifying information of other Users or infringe on the privacy of other Users when using our Services;

5. harass, stalk, spam or make any other inappropriate comments or actions toward other Users when using our Services.

6. encourage or enable any other individual to do any of the foregoing.

Forbidden Uses

You agree not to use the Services:

1. In any way that violates any applicable local, state, federal, or international law or regulation.

2.  In any way that infringes on the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

3. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

4. To impersonate or attempt to impersonate TFS, a TFS employee, another User, or any other person or entity.

5. Use the Services in any manner that could disable, overburden, damage, impair or interfere with any other party’s use of the Services.

6. To transmit, or appropriate the sending of any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other type of solicitation.

7. To engage in any activity that restricts anyone’s use of or satisfaction with the Services, or may harm, offend or expose TFS or Users to any liability.

8. Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the materials. 

9. Use any manual process to monitor or copy any TFS Services and/or materials or for any other unauthorized purpose without our prior written consent.

10. Use any device, software, or routine that interferes with the proper working of the Services.

11. Attack the Services or introduce any viruses, Trojan horses, worms or any other denial-of-service material which is malicious or technologically harmful.

12. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.

13. Take any action that may damage or falsify TFS reviews or ratings.

14. Attempt to interfere with the proper working of the Services to include sharing information and/or links (i.e. Zoom) to unauthorized persons. 

We have the right to remove any content that we determine does not comply with these Terms, to include any content that is offensive, harmful, objectionable, inaccurate, or violates any third party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and waive any claim against us.

Rights to Screen and Discontinue Use

TFS reserves the right to screen any User conduct on the Services at any time for any reason without notice, although we have no obligation to screen User conduct. Any use of the Services in violation of the Terms may result in suspension or discontinuation of your rights to utilize the Services at any time without notice with the Terms of Use remaining in full effect.

Posting by Users

Any and all information that you post on the Services shall not be deemed confidential, and TFS does not have any obligation to keep information you post confidential. Posted information shall be deemed the property of TFS, and your submission of information shall constitute an irrevocable assignment to TFS of all worldwide rights, titles and interests in and to such information. TFS shall be free to reproduce, use, disclose and distribute the information to others without limitation or liability. 

When you post on the Services, you agree to adhere to the Terms. Posts shall be true, accurate and not misleading. Posts shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights. Posts shall not be fraudulent or involve counterfeit or stolen information or items. Submitted posts shall not violate any law, statute, ordinance or regulation; or contain libelous or otherwise unlawful, abusive or obscene material. Submitted posts will not contain any virus or malware that could in any way affect the operation of the Services; and shall not create any liability for TFS or its Users. 

Proprietary Information 

You may not use a TFS logo or other proprietary graphic of TFS connected to the Services without the written permission of TFS. Additionally, you may not use, frame or utilize framing techniques to enclose any TFS trademark, logo or other proprietary information, including the images found on the Services, the content of any text or the layout of any page or form contained on a page found on the Services without written consent from TFS. You do not have any right or license under any patent, trademark, copyright or proprietary right of TFS or any third party.

No Use by Minors

The Services are intended only for access and use by individuals at least 18 years old. By accessing or using any of the Services, you warrant and represent that you are at least 18 years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of these Terms of Use. If you are not at least 18 years old, you are prohibited from both the access and use of the Services.

Communications

When you voluntarily provide your email when subscribing to or registering for a Service or in response to an marketing offer, you agree to receive updates, newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the "Unsubscribe" prompt or by emailing barbara@tfs4life.com.

Links to Other Sites 

The Services may contain links to third party websites or services that are not owned or controlled by TFS. TFS has no control over, and assumes no responsibility or review for the content, privacy policies or practices of any third party websites or services. We do not warrant the offerings of any of these entities and/or individuals or their websites. 

You acknowledge and agree that TFS shall not be held responsible or liable directly or indirectly for any damages or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third party websites or services. Existence of a link to the websites and/or Services does not imply affiliation, endorsement or adoption by TFS of the linking website or any information contained therein.

Links to our products, classes, programs and materials (such as Zoom link meetings) are intended for your personal use only. You are not permitted to share, copy or distribute these links to unauthorized persons. 

Indemnification

You agree to INDEMNIFY AND HOLD HARMLESS TFS and its officers, managers, employees, agents, affiliates, and licensors, from and against ALL losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any VIOLATION of these Terms of Use. We do not assume any liability for any content posted by you or any other third party users of our website. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms. In such event, you shall cooperate as is reasonably requested by us.

Privacy

Your privacy is very important to us. Our Privacy Policy is available on the Services. This policy outlines how we collect, manage, process, secure, and store your Personal Information (PII). 

You can read our Privacy Policy in its entirety by clicking the link at the bottom of any page found on our website.  

Disclaimer of Warranties

THESE SERVICES ARE PROVIDED BY TFS ON AN “AS IS” AND “AS AVAILABLE” BASIS. TFS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER TFS NOR ANY PERSON ASSOCIATED WITH TFS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER TFS NOR ANYONE ASSOCIATED WITH TFS REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TFS 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 PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

EXCEPT AS PROHIBITED BY LAW, TFS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS WILL NOT BE HELD LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF TFS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF TFS, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Waiver/Release

You UNDERSTAND AND AGREE that the Strength Training Programs and Personal Training Activities provided by TFS incorporate skills, physical activity and instruction that could result in serious bodily injury, including permanent disability, paralysis or death, despite precautions taken by TFS to avoid such injuries. You, or anyone claiming by or through you, hereby knowingly and voluntarily HOLD HARMLESS, RELEASE AND DISCHARFGE TFS, its officers, instructors, employees, and/or representatives from any liability, claim, loss, including loss of property, damage, personal injury, or expense incurred by you and arising from your participation in any class, program or activity offered by TFS including, but not limited to, any injury or damage caused by the negligence of TFS, its officers, instructors, clients, employees or authorized representatives. You understand and agree that you are assuming the risk of any and all injuries that you may suffer or incur as a result of your participation in any program or activity offered by TFS.

Ownership

All content and materials available on our website, Sites, www.tfs4life.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of TFS, and are protected by applicable copyright and trademark law. 

Unless otherwise specified, the Services are only provided for your personal, non-commercial use. No portion Services may be used or otherwise exploited for any purpose in any form without the express written permission of TFS and, as applicable, its licensors and service providers. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or activities obtained from the Services without express written permission from TFS. You agree to abide by and not to remove, modify or obscure any copyright or other proprietary rights notices and usage restrictions in connection with the Services, or on any copies or versions thereof. All rights not expressly granted are reserved.

Any information you post on any public communication tool found on our website, provided that it doesn’t violate or infringe on any third party copyrights or trademarks, becomes the property of TFS; thus providing us an irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we choose. This only refers and applies to information posted on open communication tools as described, and does not refer to Personal Information (PII) that is provided in a contact form or "booking"/order for products or materials available on our Services. Such PII is covered by our privacy policy.

Refund Policy

All Sales are Final.  No refunds will be issued once a "booking"/order has begun or has been completed.

Services Changes

We reserve the right to withdraw or modify the Services, and any program/activity or material we provide on our Services, with our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period of time.

Terms of Use Changes

We reserve the right to change these Terms of Use from time to time without notice. You acknowledge and agree that it is your responsibility to review these Terms of Use periodically to familiarize yourself with any modifications.

Each version of these Terms of Use may be identified by its effective date which is located at the bottom of the page. Your continued use of the Services following the posting of changes to these terms constitutes your acceptance of the changes.

Governing Law and Jurisdiction

Although TFS is headquartered in Plymouth Meeting, Pennsylvania, USA, the Services can be accessed by visitors from most countries around the world. As each country has laws that may differ from those of Pennsylvania, by accessing the Services, you agree that Pennsylvania law will govern, without regard to conflicts of law provisions, for all matters relating to the use of the Services.

Furthermore, any action to enforce these Terms of Use shall be brought in the federal or state courts located in Montgomery County, Pennsylvania.  You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Dispute Resolution

By visiting the Services or making a purchase from the Services, you and TFS agree that, if there is any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Services, or the breach, enforcement, interpretation, or validity of the Terms or any part of them (collectively, a “Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute.

Notice shall be sent initially: 

To The Fitness Solution Plymouth Meeting, Pennsylvania 19462 via email Barbara@tfs4life.com

To you at: your last-used billing address or shipping address.

Our full address will be provided after receiving your initial request for dispute resolution.

Both you and TFS agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party.

IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE THE COURTS OF MONTGOMERY COUNTY, PENNSYLVANIA, YOU WAIVE THE RIGHT TO A JURY TRIAL, AND YOU WAIVE THE ABILITY TO PROCEED IN A CLASS, CONSOLIDATED OR REPRESENTATIVE CAPACITY.

Waiver and Severability

No waiver by TFS of any term or condition set forth in the Terms 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 TFS to assert a right or provision under the Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use 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 will continue in full force and effect.

Acknowledgement

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

Contact Information

If you have any questions or comments about these Terms of Use as outlined above, you can contact TFS at: barbara@tfs4life.com

Updated 7/7/24