Welcome to Fade 2 Fitness, LLC ("Fade2Fit," "we," or "our").
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
2. Access and Retention. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
4. Professional Advice and Medical Disclaimer
THESE STATEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. THIS PRODUCT IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING THIS OR ANY OTHER EXERCISE OR NUTRITION PROGRAM TO DETERMINE IF YOUR PARTICIPATION IS APPROPRIATE. THIS IS PARTICULARLY TRUE IF YOU (OR YOUR FAMILY) HAVE A HISTORY OF HIGH CHOLESTEROL, HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU (OR YOUR FAMILY) HAVE EVER EXPERIENCED CHEST PAIN WHEN EXERCISING OR SMOKING, OR HAVE A BONE OR JOINT PROBLEM THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY. DO NOT USE THE WEBSITES OR SERVICE WITHOUT FIRST CONSULTING AND SECURING APPROVAL FROM YOUR PHYSICIAN OR HEALTH CARE PROVIDER. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY AND, IF NECESSARY, SEEK MEDICAL TREATMENT.
FADE2FIT OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON THE WEBSITES OR AVAILABLE THROUGH THE SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, THERAPEUTIC OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF SUCH CARE INCLUDES WITHOUT LIMITATION PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, KINESIOLOGY, OR PROVIDING HEALTH OR NUTRITIONAL CARE, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. YOU SHOULD NOT RELY ON ANY INFORMATION ON THE SERVICE AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SERVICE. THE USE OF ANY INFORMATION PROVIDED ON THE SERVICE IS SOLELY AT YOUR OWN RISK.
IF YOU ARE IN THE UNITED STATES AND THINK YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL YOUR HEALTH CARE PROFESSIONAL, OR 911 (OR, FOR THOSE OUTSIDE THE U.S., YOUR LOCAL EMERGENCY SERVICES), IMMEDIATELY.
RESULTS VARY DEPENDING ON STARTING POINT, GOALS, AND EFFORT. EXERCISE AND PROPER DIET ARE NECESSARY TO ACHIEVE AND MAINTAIN WEIGHT LOSS AND MUSCLE DEFINITION. CONSULT YOUR PHYSICIAN AND FOLLOW ALL SAFETY INSTRUCTIONS BEFORE BEGINNING ANY EXERCISE PROGRAM OR NUTRITION PLAN, OR USING ANY SUPPLEMENT OR MEAL REPLACEMENT PRODUCT, ESPECIALLY IF YOU ARE PREGNANT, BREASTFEEDING, HAVE ANY MEDICAL CONDITION, OR ARE TAKING ANY MEDICATION. THE CONTENTS OF THE WEBSITES ARE FOR INFORMATIONAL PURPOSES ONLY, AND ARE NOT INTENDED TO DIAGNOSE ANY MEDICAL CONDITION, REPLACE THE ADVICE OF A HEALTHCARE PROFESSIONAL, OR PROVIDE ANY MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.
THE WEBSITES AND SERVICE ARE PROVIDED ON AN “AS IS” BASIS AND CONTINUALLY UNDER DEVELOPMENT. FADE2FIT MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL AND KINESIOLOGIC RESEARCH MAY IMPACT GENERAL HEALTH, FITNESS AND ADVICE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON THE WEBSITES WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
5. Commercial Use of Service. If you are using and/or accessing the Service on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant that:
Illegal and/or unauthorized uses of the Service include, but are not limited to, collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Websites, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of the Service in any fraudulent or misleading manner, any automated use of the system, such as scraping the Websites, automated scripts, spiders, robots, crawlers, harvesting or data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service, and using the Service in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Service may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Service is with the permission of Fade2Fit, which may be revoked at any time, for any reason, in Fade2Fit’s sole discretion.
6. Account Security. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Fade2Fit of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Fade2Fit will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have it linked to your Fade2Fit account.
7. Your Use of the Service
a. You must not copy or capture, or attempt to copy or capture, any content from the Websites or Service, unless given express permission by Fade2Fit.
b. You must not copy, republish, adapt, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any content on or from the Websites and/or Service.
c. You must not use any content in any way that is designed to create a separate service or that replicates any part of the offering of the Service.
d. You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any content.
e. You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent your activity on the Service, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, send messages, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Service.
f. You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Websites or any content appearing on the Websites.
g. You must not, and must not permit any third party to, copy or adapt the object code of the Websites, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Websites, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to content on the Websites.
h. You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
i. You must not rent, sell or lease access to the Service, or any content on the Websites.
j. You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
k. You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any Fade2Fit employee. If Fade2Fit determines that any user has threatened, stalked, harassed, or verbally abused any Fade2Fit employee or another Fade2Fit Member, Fade2Fit reserves the right to immediately terminate that user’s membership and suspend access to the Service.
l. You must not sell or transfer, or offer to sell or transfer, any Fade2Fit account to any third party without the prior written approval of Fade2Fit.
m. You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
8. Membership; Pricing; Charges on Your Account.
We reserve the right to set prices in our sole discretion, and to increase or decrease prices or otherwise change our billing policies without prior notice to users.
b. Billing. Fade2Fit bills you through an online account (your "Billing Account") for use of the Service. You agree to pay Fade2Fit all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize Fade2Fit to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. Fade2Fit reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
c. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method.
d. Programs; Payment Schedule. Fade2Fit may offer a number of programs and corresponding payment schedules on its Websites. One such program is the Teyana’s 3 month Course, which may be paid by you in one of two ways, specifically:
i. You may pay in one upfront payment of $99.79 annually, which is a special promotion from the original $149.97.
ii. You may pay in three (3) monthly installment payments of $49.99 each for annual access.
Regardless of which payment plan you choose, you may choose, at your sole option, to purchase additional premium content at a later date. For clarity, such premium content will not be included in the initial 3 Month Course.
e. Recurring Billing. Certain products and services on the Websites may be offered on an automatic or subscription basis. These subscription plans to the Service consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Fade2Fit may submit periodic charges (e.g. monthly) without further authorization from you, until you provide prior notice (confirmed in writing by Fade2Fit) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before Fade2Fit could reasonably act. You may change your payment method in your account settings. For your convenience, we take your payment information so that your Fade2Fit membership will not be interrupted. We auto-renew your membership at the level you selected. Your Fade2Fit subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate (if applicable). To cancel, simply call us at 1-888-964-5574.
If you purchase Teyana’s 3 Month Course, and you are not completely satisfied with the results thereof, you may request a refund at any time before the 14 day money guarantee.
Any refunds made to you will be equivalent to the purchase price, less applicable shipping and handling, unless stated otherwise. In some cases, you may also be responsible for paying to ship any products back to us. Fade2Fit will not be responsible for any loss or damage to returned products that occur in transit. If returned products are lost or damaged in transit, Fade2Fit reserves the right to charge you for, or not refund any amounts attributable to, any such lost or damaged products. Should you experience any difficulty or delay in returning a product and securing the proper refund, please call Customer Service at 1-888-964-5574.
g. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY FADE2FIT IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE FADE2FIT ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT FADE2FIT MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY FADE2FIT).
h. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method.
i. Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that Fade2Fit is authorized to charge your Payment Method. Fade2Fit may submit those charges for payment and you will be responsible for such charges. This does not waive Fade2Fit’s right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
i. Free Trial; Promotion. If you purchased a subscription with a free trial period, you authorize us to charge your payment card when the free trial period ends, unless you cancel your subscription before the free trial period ends, and you will not receive a notice from us that your free trial period has ended. The charges will typically occur on or around the same day of the month as your initial purchase, although some charges may be delayed for business or legal reasons. If there are any changes to your subscription terms, such as pricing, frequency, date of charge or any other items, we will take commercially reasonable efforts to inform you in writing of such change.
9. Modifications to Service. Fade2Fit reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Fade2Fit shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
10. Blocking of IP Addresses. In order to protect the integrity of the Services, Fade2Fit reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Websites and/or Service.
13. Intellectual Property; License. Fade2Fit, the Fade2Fit logos and any other product or service name or slogan contained in the Service are trademarks of Fade2Fit or our suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Fade2Fit or the applicable trademark holder. Any authorized use of these trademarks must be in accordance with any guidelines that Fade2Fit may provide you from time to time.
Fade2Fit retains all proprietary rights in the Websites and the Service, except where otherwise noted. The Websites contain the copyrighted material, trademarks, and other proprietary information of Fade2Fit, and its licensors. Except where we have given you express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All content on the Websites, including without limitation any text, images, and videos (collectively, the “Fade2Fit Content”) is proprietary. Except where otherwise specified in this Agreement, all Fade2Fit Content is copyrighted material of Fade2Fit and for Fade2Fit Members' use only. Distribution of Fade2Fit Content to others is strictly prohibited. You agree that Fade2Fit would be irreparably harmed by any violation or threatened violation of this section and that, therefore, Fade2Fit shall be entitled to an injunction prohibiting you from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have.
The Service is owned and operated by Fade2Fit. Unless otherwise indicated, all Fade2Fit Content and other materials on the Service, including, without limitation, Fade2Fit’s logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including in your country of residence).
By making a purchase on the Websites, in accordance with Section 8, you are purchasing a License (as defined below) to use the Fade2Fit Content that is expressly included in the package that you purchase.
14. Limitation of Liability. In no event shall Fade2Fit be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Websites or Service, or use thereof. Nothing contained in the Websites or Service or in any written or oral communications from Fade2Fit or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.
The content and functionality on the Websites and Service, along with the services provided by employees of the Websites and Service, are offered "as is" without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Fade2Fit makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Websites’ content or that the functionality of the Websites or Service will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the Websites and the Service is at your sole risk. UNDER NO CIRCUMSTANCES SHALL FADE2FIT, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITES OR SERVICE, EVEN IF FADE2FIT HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL FADE2FIT HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITES OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO PHYSICAL INJURY OR ILLNESS, DEATH, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COPYRIGHT INFRINGEMENT, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF FADE2FIT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of Fade2Fit and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement, Websites or the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by the Member or user to Fade2Fit during the six months prior to notice to Fade2Fit of the dispute for which the remedy is sought.
15. Indemnity by You. You agree to indemnify and hold Fade2Fit, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to:
b. any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Fade2Fit.
17. Parental or Guardian Permission. Some of the content on the Websites may not be appropriate for children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THE WEBSITES AND/OR SERVICE UNLESS A SUPERVISING PARENT OR GUARDIAN IS PRESENT. INDIVIDUALS UNDER THE AGE OF 13 ARE NOT PERMITTED TO SUBSCRIBE TO OUR FEE-BASED SERVICES OR GIVE FADE2FIT THEIR EMAIL ADDRESS OR ANY OTHER PERSONALLY IDENTIFIABLE INFORMATION.
19. Jurisdiction and Choice of Law; Dispute Resolution. If there is any dispute arising out of the Websites and/or the Service, by using the Websites and/or Service, you expressly agree that any such dispute shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Florida, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of Florida with the same force and effect as if such service had been made within the State of Florida. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
20. Arbitration Provision/No Class Action. Except where prohibited by law, as a condition of using the Websites and/or Service, you agree that any and all disputes, claims and causes of action (collectively, "Claim") arising out of or connected with the Websites and/or Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of Florida, County of Hillsborough, or the United States District Court for the Middle District of Florida. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Florida, County of Hillsborough, or the United States District Court for the Middle District of Florida.
23. Entire Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.