Terms & Conditions
Thank you for visiting our website. If you want to use this website, you must agree to conform to and be legally bound by the terms and conditions described below. Total Body Transformation with Tracy Campoli (also known as TBTWTC) may construe silence as a full, complete and final acceptance of the terms and conditions of TBTWTC and products.
By using our site you agree to the following terms and conditions.
- MINORS. We do not provide services or sell products to children. If you are below the age of 18, you may use our website only with the permission and active involvement of a parent or legal guardian. If you are a minor, please do not provide us or other website visitors with any personal information.
- HEALTH DISCLAIMER IS PART OF THESE TERMS AND CONDITIONS. Our health disclaimer is part of, and subject to, these terms and conditions of use. The information and content on our website is designed for educational and/or informational purposes only and should not be used in any other manner. This information is not intended to substitute informed medical advice. You should not use this information to diagnose or treat a health problem or disease without consulting with a qualified health care provider. A consultation with your health care professional is the proper method to address your health concerns. You are encouraged to consult your health care provider with any questions or concerns you may have regarding your condition.
- MODIFICATIONS AND TERMINATIONS. These terms and conditions may change from time to time. You are bound by such revisions and should therefore periodically visit this page to determine the then current Terms and Conditions to which you are bound. You can review the most current version of the Terms and Conditions at any time by clicking on the “Terms and Conditions” hyperlink located at the bottom of the pages on the website. If you disagree with the changes that have been made, you should not use our website. We may terminate these terms and conditions of use for any reason and at any time without notice to you. If you are concerned about these terms and conditions of use, you should read them each time before you use our website. Any questions or concerns should be brought to our attention by sending an e-mail to email@example.com, and providing us with information relating to your concern.
- LICENSEE STATUS. You understand and agree that your use of our website is limited and non-exclusive as a revocable licensee. We may terminate your license to use our website, and access to our website, for any reason, and without giving you notice.
- CONTENT OWNERSHIP. All content on our website is owned by us. You hereby grant Tracy Campoli and TBTWTC a royalty-free, worldwide, perpetual, and irrevocable license (with the right to sub-license) to use any comments, information, suggestions, messages, ideas, concepts, reviews, or techniques contained in any communication you may send to the website without any compensation, acknowledgement, or payment to you for any purpose whatsoever including, but not limited to, manufacturing, developing, marketing, and selling products and services, and creating, modifying or improving the website or other web sites. Furthermore, by posting any information on our website, you further grant TBTWTC and its affiliates a royalty-free, worldwide, perpetual, irrevocable license (with the right to sub-license) to display, use, reproduce, or modify that information. On behalf of ourselves and our content suppliers, we claim all property rights, including intellectual property rights, for this content and you are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to steal our property. You agree not to copy content from our website without our permission.
- DISCLAIMERS AND LIMITATIONS OF LIABILITY. The information on our website is provided on an ”as is,” ”as available” basis. You agree that your use of our website is at your sole risk. We disclaim all warranties of any kind, including but not limited to, any express warranties, statutory warranties, and any implied warranties of merchant ability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in our website will be corrected. Information on our website should not necessarily be relied upon and should not to be construed to be professional advice from us. We do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information. If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using the site. Under no circumstances will we be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to our website, your website use, or the content, even if advised of the possibility of such damages. Our total liability for any claim arising out of or relating to our website shall not exceed one hundred ($100) dollars and that amount shall be in lieu of all other remedies which you may have against us or our affiliates. Any such claim shall be subject to confidential binding arbitration as described later in these terms and conditions of use.
- OBSCENE AND OFFENSIVE CONTENT. We are not responsible for any obscene or offensive content that you receive or view from others while using our website. However, if you do receive or view such content, please contact us by sending an email to firstname.lastname@example.org so that we can investigate the matter. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene or offensive material posted to our website.
- INDEMNIFICATION. You understand and agree that you will indemnify, defend and hold us and our affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, arising from your use of our website or your violation of these terms and conditions.
- COMPLIANCE WITH GOVERNING LAW AND DISPUTE RESOLUTION. You agree to obey all applicable laws while using our website. You agree that the laws of NY govern these terms and conditions of use without regard to conflicts of laws provisions. You also agree that any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per the American Arbitration Association commercial arbitration rules. All claims must arbitrated on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. All arbitration must occur in New York, NY USA. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.
- SEVERABILITY OF THESE TERMS AND CONDITIONS. If any part of these terms and conditions of use are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these terms and conditions are fully enforceable and legally binding.
- HOW TO CONTACT US. Any questions or concerns about these terms and conditions of use should be brought to our attention by emailing email@example.com
- ENTIRE AGREEMENT. These terms and conditions, including the policies incorporated herein by express reference, constitutes your entire agreement with us with respect to your use of our website.
- RETURN POLICY. Due to the digital nature of the program, we are unable to offer any refunds for the program. However, you may cancel your membership whenever you wish, and you will not be charged for the following month or year.
- YOUR CONTENT AND CONDUCT. As a TBTWTC member you may submit content to the site, including photos and user comments. You shall be solely responsible for your own content and the consequences of submitting and publishing your content on TBTWTC. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to upload, post or email content you submit. You agree that content you upload, post or email to TBTWTC will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to upload, post or email the material and to grant TBTWTC all of the license rights granted herein. TBTWTC does not endorse any content submitted to TBTWTC by any user or other licensor. TBTWTC does not permit copyright infringing activities and infringement of intellectual property rights on the website and TBTWTC will remove all content if properly notified that such content infringes on another third party intellectual property rights. You also affirm, represent, and warrant that your participation on this site and the content you upload, post or email does not relate to pornography, illegal activities of any kind, occult, hate, or racism. You affirm, represent and warrant that you will not impersonate any person or entity, including, but not limited to, any athlete, medical professional, government regulator or falsely state or otherwise misrepresent your affiliation with a person or entity. You agree that content you upload, post or email will not transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. You agree that content you upload, print or email will not transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment. TBTWTC reserves the right to make the final decision regarding what is appropriate. TBTWTC further reserves the right to remove content or terminate your account without prior notice for a violation of this provision.