Terms of Use

Website Terms of Use

 

This version in effect since June 26, 2017.

 

WELCOME TO WWW.TANESSASHEARS.COM. PLEASE READ THESE TERMS CAREFULLY AS IT GOVERNS YOUR USE OF THE WEBSITE. IT EXEMPTS TANESSAFIT PERSONAL TRAINING AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY, AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ.

 

 

  1. Website Terms of Use

 

By using this website (the “Site”), you agree to be legally bound by these Terms of Use (the “Terms”). TanessaFit Personal Training (collectively “we,” “us,” or “our”) reserves the right to update or change these Terms and you agree to be bound by such modifications or revisions. Your continued access or use of the Site will be deemed as an irrevocable acceptance of any such changes, modifications, or alterations.

 

We may post updates or changes to these Terms from time to time. Please print and/or save a copy for your own record keeping purposes.

 

  1. Owner

 

This Site is owned and operated by TanessaFit Personal Training. These Terms apply to your use of all of the Sites and services owned, hosted, or operated by TanessaFit Personal Training.

 

  1. Disclaimer of Warranty and Limitation of Liability

 

We do NOT make any guarantees about your ability to get results or earn any money with our ideas, information, tools or strategies. Nothing on this Site is a promise or guarantee of results or future earnings, and we do not offer any legal, medical, health, tax or other professional advice.

 

DISCLAIMER – PLEASE READ

 

You understand that TanessaFit Personal Training, its operator, officers, directors, employees and contractors is not a lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, health professional, or psychotherapist. You understand that TanessaFit Personal Training has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for you; (2) Perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for you; (6) introduce you to TanessaFit Personal Training’s full network of contacts, media partners or business partners.

 

Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, your specific situation, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success in any way. Nor are we responsible for any of your actions, including any injury that may result to yourself or any third-parties. Please consult your health professional prior to using any materials on this Site.

 

Any and all statements here or on any of our materials are intended to express our opinions only. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material.

 

You expressly agree that use of the Site is at your sole risk. Neither TanessaFit Personal Training, its subsidiaries, its other affiliates, nor any of their respective employees, or agents warrant that the Site will be uninterrupted or error free. Nor do they make any warranty as to the results that may be obtained from use of the Site, or as to the accuracy, reliability or content of any information, service, or merchandise provided through the Site.

 

The Site may offer health, fitness, nutritional, and other such information, but such information is designed for educational and informational purposes only. The information contained on the Site does not and is not intended to convey medical advice and does not constitute the practice of medicine. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. TanessaFit Personal Training is not responsible for any actions or inaction on your part based on the information that is presented in the Site. The Sites are not directed to children under the age of 13.

 

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL TANESSAFIT PERSONAL TRAINING, OR ITS PRESENT OR FUTURE AFFILIATED COMPANIES, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE SITE OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SITES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE SITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF TANESSAFIT PERSONAL TRAINING OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT TANESSAFIT PERSONAL TRAINING AND/OR ITS PRESENT OR FUTURE PARENTS AND AFFILIATED COMPANIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITES OR ANY OTHER THIRD PARTIES.

 

Any content downloaded or otherwise obtained through the use of our Site is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.

 

  1. No Professional Advice

 

The information contained in or made available through the Site (including but not limited to information contained on message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, health, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors or suppliers make no representations or warranties concerning any information offered or provided within or through the Site.

 

  1. Indemnification

 

You agree to indemnify and hold harmless TanessaFit Personal Training, its officers, members, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, from and against all claims and expenses, including lawyers’ fees, arising out of the use of the Site by you. TanessaFit Personal Training reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide TanessaFit Personal Training with such cooperation as is reasonably requested by TanessaFit Personal Training.

 

  1. Severability

 

If any terms or provision is to any extent illegal, otherwise invalid, or incapable of being enforced, such term or provision shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term or provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.

 

  1. Governing Law

 

These Terms shall be governed by, construed and/or interpreted in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein and shall be treated in all respects as a British Columbia contract, without regard to principles of conflicts of law that would impose a law of another jurisdiction.

 

  1. Dispute Resolution

 

All disputes shall be settled in arbitration under the International Arbitration Act, RSBC 1996, c 233. The law of the seat shall be British Columbia. The arbitration shall be presided by a single arbitrator to be appointed by agreement of the parties, or failing agreement by the parties, appointed by the British Columbia International Commercial Arbitration Centre. The losing party of the arbitration shall pay all costs of the arbitration including costs incurred by the winning party for representation by counsel. The arbitration award shall be final and binding and judgment thereon may be entered by any court of competent jurisdiction.

 

  1. No Class Actions

 

No party to this agreement shall assert any claim as a class, collective, or representative action. This provision shall be enforceable when the applicable law permits reasonable class action waivers and shall have no effect when the applicable law prohibits class action waivers as a matter of law. In any case, the class action waiver provision, as well as the above Dispute Resolution provision, is severable in the event any court finds it unenforceable or inapplicable in a particular case.

 

  1. Jurisdiction

 

In the event that a court of competent jurisdiction finds the Dispute Resolution and/or the No Class Actions provisions unenforceable or inapplicable, you agree that any dispute is to be submitted to the exclusive jurisdiction of the courts in the city of Vancouver, Province of British Columbia.

 

  1. Limitation Periods

 

YOU AGREE THAT ANY CLAIM, DISPUTE, ARBITRATION, OR LAWSUIT MUST BE FILED NO MORE THAN SIX (6) MONTHS AFTER THE DATE THE LOSS OR DAMAGE OCCURS. YOU EXPRESSLY WAIVE ANY STATUTE OF LIMITATIONS TO THE CONTRARY.

 

  1. Intellectual Property Rights

 

Your use of the materials on this Site is governed by these Terms. Any attempt to copy, duplicate, reproduce, sell, trade, or resell our materials is strictly prohibited.

 

All materials are protected by intellectual property laws. All our materials are licensed to you under the following terms and not sold to you. We grant you a non-exclusive, revocable, non-commercial, and limited-use personal license to use our materials for your personal use only. No portion of our materials may be reproduced or distributed in any form. You may print and use one copy for your personal use only.

 

For greater certainty, we do not warrant that the materials are not infringing any third-party intellectual property rights.

 

  1. Submission/Comments/Forum

 

We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you grant us a non-exclusive and irrevocable license to use the information in any manner we deem appropriate without any compensation to you.

 

We do not assume any liability for any content posted by you or any other third party users of our website.

 

 

  1. Third-Party Links

 

Occasionally, at our discretion, we may include or offer third party products or services on our Site. These third party sites have separate and independent privacy policies and terms of service. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our Site and welcome any feedback about these third party sites.

 

These terms of use apply only to our Sites, and not to the Sites of any other companies or organizations, including those we link to. We do not maintain, create, endorse, or take any responsibility for the contents, advertising, products or other materials made available through any other site, including those we link to. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of any content, goods or services available on any other site.

 

  1. Other Conditions, Terms, and Agreements

 

Some materials on our Site may require you to accept additional conditions, terms and/or agreements. These Terms are hereby incorporated into such additional conditions, terms and/or agreements. If these Terms contradict the additional conditions, terms and/or agreements, the additional conditions, terms and/or agreements prevail. However, these Terms continue to be applicable to the fullest extent possible.

 

  1. Termination

 

Notwithstanding any other provision of these Terms, we may in our discretion change, discontinue, modify, restrict, suspend or terminate the Site or any part of it without any notice or liability to you or any other person. We may in our discretion and for its convenience at any time immediately terminate, temporarily or permanently, these Terms or your permission to access and use the Site without any notice or liability to you or any other person.

 

If these Terms or your permission to access or use all or any part of the Site is terminated for any reason, then these Terms and all other then existing agreements between you and us will continue to apply and be binding upon you regarding your prior access to and use of the Site, and anything connected with, relating to or arising therefrom.

 

17. Online Commerce

By signing up/enrolling in a Training Program, Product or Service, you acknowledge and agree that TanessaFit Personal Training and Tanessa Shears is not responsible for your results, earnings, future earnings as a result of our Training Program, Product or Service or give professional/legal advice.  Your results in your business and life will be completely dependent on your understanding of the material and your effort to apply it. If paying by credit/debit card, you give TanessaFit Personal Training & Tanessa Shears permission and authorization to automatically charge your credit or debit card as payment for your Training Programs, Products, or Services for which you will receive an electronic receipt.  If you purchase a Training Program, Products, or Services using our payment plan option, you agree to pay the initial payment to secure your participation and also agree to begin payments on the date specified on the enrolment form.  By using the enrolment form, you giveTanessaFit Personal Training & Tanessa Shears permission and authorization to automatically charge your credit/debit card every thirty (30) days until all payments are completed.

In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment otherwise the Training Program, Product or Services will not continue.  If you fail to make payment in a timely manner in accordance with these Terms and Conditions or voluntarily decide to withdraw from our Training Programs, Products or Services at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the Training Programs, Products and/or Services.

When you purchase any Training Program, Product or Services, the information provided and obtained as part of the transaction, such as your credit card number and contact information, may be collected by both the third-party merchant and by us.  A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for the merchant’s independent policies.

You agree to be financially responsible for all purchases made by you.  You agree to purchase and use our Training Programs, Products or Services for legitimate purposes only in compliance with these Terms of Use. You also agree not to make any purchases for speculative, false or fraudulent purposes.  You release us and our affiliates from any damages that you incur and agree not to assert any claims against us or them, arising from your purchase or use of our Training Programs, Products or Services.

You agree to only purchase these Training Programs, Products or Services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal or financial information to us or a merchant, you represent that you have obtained his/her consent to provide such third party’s personal information.

For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly.

Refund Policy

Your satisfaction with your Training Program, Product or Service is important to us. Yet, because of the extensive time, effort, preparation and care that goes into creating and/or providing our Training Programs, Products and Services, you acknowledge that we do not offer refunds after seven days from the purchase date for any portion of your payment for any of our Training Programs, Products, and Services.
This policy does not apply to subscription products, such as one on one, online, or in person coaching programs.

By using and/or purchasing any of our Training Programs, Products, and Services, you understand and agree that all sales are final after seven days and no refunds will be provided for any reason.  All of the terms of this Terms and Conditions, including but not limited to all copyright, trademark, and intellectual property rights, remain indefinitely.

Coaching Membership Subscription

Your initial membership payment of ninety-seven dollars ($97CAD) for the first month is non-refundable once you access the membership site.  Once this payment is processed, your subscription membership begins.  The membership payment of ninety-seven dollars ($97CAD) is automatically processed each month (30 days) thereafter until the membership is canceled.  To cancel your membership, contact tanessa@tanessashears.com at least 14 days before your next scheduled payment is due.

The Nutrition Coaching Facebook community (“Community”) is a social network in which personal information may be exchanged between participants.  You are entirely responsible for deciding how much of your personal information you wish to share in the Community.  The Company will not share, sell, or rent the personal information of its members to third party businesses, however, we cannot guarantee the confidentiality of any of the information you choose to share in the Community.  Please review our PRIVACY POLICY to learn how we manage personal information.  By taking part in this Community, you agree to keep members’ information confidential.

The Coaching Program does not guarantee results.  It is also not a replacement for health/medical care.  If you require health, medical, psychiatric, and/or psychological care, you are advised to retain the services of a licensed medical professional.  The sole purpose of the Company and its Coaching Program is to provide educational materials and coaching in the area of self-coaching.

Under no circumstances will the Company or any of its representatives be held liable for any special or consequential damages that result from the use of, the improper use of, or the inability to use the information or strategies communicated to you through the Coaching Program.  By participating in the Community you hereby waive and release the Company to the full extent permitted by law from any and all claims relating to the use of and/or reliance on the information and content provided to you.  In no event shall the Company be held liable for any injury, loss or damage resulting from the use of, or reliance upon, the Program materials.

 

Termination

We reserve the right in our sole discretion to refuse or terminate your access to our Training Programs, Products, Services and/or our Program Materials, Website, e-mail communications, or any other method of communications related to our Training Programs, Products or Services at any time without notice.  Should you or we wish to terminate the Training Programs, Products or Services at any time, these termination terms will apply to you as well, even after termination by either of us.  In the event of cancellation or termination, all remaining balances owed shall be immediately due, and you are no longer authorized to access the Training Programs, Products, Services or our Website, e-mail or any or other methods of communications affected by such cancellation or termination.  The restrictions imposed on you with respect to Training Program Materials and the Training Programs, Products or Services, including but not limited to all of the disclaimers, limitations of liabilities and rights set forth in these Terms and Conditions, shall survive such termination of your access and apply in full force.

 

18. Language of these Terms

 

For visitors from the province of Quebec: English Language. It is the express wish of the parties that these Terms and all related documents, including notices and other communications, be drawn up in the English language only. Il est la volonté expresse des parties que cette convention et tous les documents s’y rattachant, y compris les avis et les autres communications, soient rédigés et signés en anglais seulement.

 

Contacting Us

If there are any questions regarding this policy you may contact us using the information below.
TanessaFit Personal Training
4161 Dawson Street,
Burnaby, British Columbia, Canada
V5C-4B3

tanessa@tanessashears.com

Last Edited on 6/26/17