Terms and Conditions

1. Acceptance of the Terms and Conditions


Welcome to the website of Tii Fit Wellness LLC (“Company,” “we,” “us,” or “our”).
The following terms and conditions (together with any documents referred to in them)
(collectively, these “Terms and Conditions”) apply to your access to and use of
www.mytiifit.com, any external widgets, or our corresponding application programming
interfaces (APIs) (collectively, the “Website”) and any content, links, functions, features,
products, services, materials or other items (including, but not limited to, all information, data,
software, text, displays, images, video, and audio, and the design, selection, and arrangement
thereof) offered or obtained on or through the Website (collectively, “Content”).


Please read these Terms and Conditions carefully before you (“you” or “your”) start to
use the Website. By visiting or using the Website you agree to be bound and abide by these
Terms and Conditions, found at https://www.mytiifit.com/terms-and-conditions, and our Privacy
Policy, found at https://www.mytiifit.com/privacy-policy, incorporated here by reference. If you
do not agree to these Terms and Conditions or the Privacy Policy, you must exit the Website.

2. Changes to the Terms and Conditions


We may revise and update these Terms and Conditions from time to time at our sole
discretion. You must check this page every time you use the Website to take notice of any
changes we have made, as they are binding on you. All material changes shall apply
prospectively only. Any changes to the dispute resolution procedures set forth below in Section
14 (Governing Law; Venue) shall not apply to any disputes for which you and the Company had
actual notice as of the date the change was posted on the Website. By continuing use of the
Website following the posting of revised Terms and Conditions, you agree to be bound and abide
by any changes.

3. Accessing the Website


a. Legal Age. If you are not of legal age to form a binding contract (in many places,
this is 18 years old), you must have your parent or guardian read these Terms and Conditions and
agree to them for you before you use this Website or provide any information to us. You must
review these Terms and Conditions with your parent or guardian so that you both understand
how the Website works and what restrictions apply to your use of the Website.


b. Withdrawal, Amendment or Unavailability of Website. We may withdraw,
change, or amend this Website and its Content at our sole discretion, at any time, without notice.
You must not hold us responsible or liable if, for any reason, all or any part of the Website is
unavailable at any time or for any period. From time to time, we may restrict access by you or
other users to some parts of the Website, or the entire Website, or close the Website indefinitely.
From time to time, we may amend the Website. Any of the Content on the Website may be out
of date at any given time, and we may choose not to update such Content. You agree that any
actions taken under this Section may be effective without prior notice to you.


c. User Responsibility. You must make all arrangements necessary for you to have
access to the Website. You must ensure that all persons who access the Website through your
internet connection are aware of these Terms and Conditions, and that they comply with them.


d. User Information. We may require you to provide certain information as a
condition for your access to the Website or some of its resources. All information you provide on
the Website must be correct, current, and complete. You must use caution when providing
personal information on the Website from a public or shared computer so that others are not able
to view or record your personal information.

4. Reliance on Content Posted


You understand and acknowledge that the Content presented on or through the Website is
made available solely for general information purposes. We do not guarantee or warrant the
accuracy, completeness, or usefulness of this Content. If you rely on any of the information
provided by this Website and its Content, you do so solely at your own risk. You must not hold
us responsible or liable for any reliance on such Content by you, any other visitor to the Website,
or anyone informed of any of its Content.

 
You should not rely on the health and wellness related information of the Website and
Content as a substitute or replacement for professional medical advice, diagnosis, or treatment. If
you have concerns or questions about your health or the Website and Content, you should
consult with a physician or other health care professional. Do not disregard, avoid, or delay
obtaining medical or health related advice from a health care professional because of something
you may have read on the Website and its Content. Your use of any information provided on the
Website and its Content is solely at your own risk. Nothing stated or posted on the Website or its
Content should be taken to be the practice of medicine or counselling care. For the purposes of
this agreement, the practice of medicine and counselling includes, without limitation, psychiatry,
psychology, psychotherapy, the practice of pharmacy, nutrition counselling, and dietetics. Your
access or use of the Website and its Content does not create in any way a physician/patient,
confidential, or privileged relationship, or any other relationship that would give rise to any
duties on the Company’s part.

5. Restrictions on Use


a. Use of Website. You may use the Website only for lawful purposes and in
accordance with these Terms and Conditions. You must not use the Website:


i. In any way that violates any applicable federal, state, local, and international
law or regulation (including, without limitation, any laws regarding the export
of data or software to and from the United States or other countries).

ii. For exploiting, harming, or attempting to exploit or harm minors in any way
by exposing them to inappropriate content, asking for personally identifiable
information, or otherwise.


iii. To send, knowingly receive, upload, download, use, or re-use any material
which does not comply with Section 6(e) (User Contribution Standards) of
these Terms and Conditions.


iv. To transmit, or procure the sending of, any advertising, promotional material,
or any other similar solicitation, without our prior written consent.


v. To impersonate or attempt to impersonate the Company, another user, or any
person or entity (including, without limitation, using e-mail addresses
associated with any of the foregoing).


vi. In any way that could disable, overburden, damage, or impair the Website or
interfere with any other user's use of the Website, including their ability to
engage in real time activities through the Website.


vii. To engage in any other conduct that restricts or inhibits anyone's use or
enjoyment of the Website, or which, as determined by us, may harm the
Company or other users of the Website, or expose them to liability.


b. Interference with Website. Additionally, you must not:


i. Use any robot, spider, or other automatic device, process, or means to access
the Website for any purpose, including to monitor or copy any of the Content
on the Website.


ii. Use any manual process to monitor or copy any of the Content on the
Website, or for any other unauthorized purpose, without our prior written
consent.


iii. Use any device, software, or routine that interferes with the proper working of
the Website.


iv. Introduce any viruses, Trojan horses, worms, logic bombs, or other material
which is malicious or technologically harmful.


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


vi. Attack the Website via a denial-of-service (DoS) attack or a distributed
denial-of-service (DDoS) attack.


vii. Otherwise attempt to interfere with the proper working of the Website or its
Content.


c. Geographic Restrictions. The owner of the Website is based in the State of Ohio
in the United States. You understand and acknowledge that: (i) we provide this Website for use
only by persons located in the United States; and (ii) access to the Website may not be legal by
certain persons or in certain countries. We do not represent or warrant that the Website or any of
its Content is accessible or appropriate outside of the United States. If you access the Website
from outside the United States, you do so of your own initiative and must comply with any
applicable laws in that jurisdiction.

6. User Contributions



a. Definition of User Contributions. The Website may contain message boards,
forums, comment sections, bulletin boards, and other interactive features that allow you to post,
submit, publish, display, or transmit (hereinafter, “post”) content or materials (collectively,
“User Contributions”) on or through the Website.


b. Compliance with Terms and Conditions. All User Contributions must comply
with Section 6(e) (User Contribution Standards) of these Terms and Conditions. You represent
and warrant that all your User Contributions do and will comply with these Terms and
Conditions. You must defend, indemnify, and hold harmless the Company and its partners,
licensors, service providers, contractors, suppliers, employees, agents, officers, and directors
(collectively, “Affiliates”) for any breach of that representation and warranty.


c. Rights in User Contributions. You understand and acknowledge that any User
Contributions you post to the Website are non-confidential and non-proprietary. We may use,
copy, distribute, and disclose to third parties any such material for any purpose. You represent
and warrant that you own or control all rights in and to the User Contributions you post to the
Website and have the right to grant the Company and its Affiliates the license granted above.


d. User Responsibility. You understand and acknowledge that: (i) you are
responsible for any User Contributions you submit or contribute, and you, not the Company,
have full responsibility for such User Contributions, including its legality, reliability, accuracy,
and appropriateness; and (ii) any information and/or opinions uploaded, expressed, or submitted
to the Website, and all articles and responses to questions and other information, other than the
information provided by the Company, are solely the opinions and the responsibility of the
person or entity submitting them and do not necessarily reflect the opinion of the Company. You
must not hold us responsible or liable for the contents or accuracy of any materials posted by any
other user of the Website. You must defend, indemnify, and hold harmless the Company and its
Affiliates from any claim by any third party regarding the contents or accuracy of any materials
posted by you on the Website.


e. User Contribution Standards. You must ensure that your User Contributions in
their entirety comply with all applicable federal, state, local, and international laws and
regulations. Without limiting the foregoing, you must not post User Contributions that:


i. Contain any material which is defamatory, obscene, indecent, abusive,
offensive, harassing, violent, hateful, inflammatory, or otherwise
objectionable.


ii. Promote sexually explicit or pornographic material, violence, or
discrimination based on race, sex, religion, nationality, disability, sexual
orientation, or age.


iii. Infringe any patent, trademark, trade secret, copyright, or other intellectual
property rights of any other person.


iv. Violate the legal rights (including the rights of publicity and privacy) of others
or contain any material that could give rise to any civil or criminal liability
under applicable laws or regulations or that otherwise may be in conflict with
these Terms and Conditions and our Privacy Policy.


v. Be likely to deceive any person.


vi. Promote any illegal activity or advocate, promote, or assist any unlawful act.


vii. Cause annoyance, inconvenience, or needless anxiety or be likely to upset,
embarrass, alarm, or annoy any other person.


viii. Be used to impersonate any person or to misrepresent your identity or
affiliation with any person or organization.


ix. Involve commercial activities or sales, such as contests, sweepstakes, and
other sales promotions, barter, or advertising.


x. Give the impression that the User Contributions emanate from us, or any other
person or entity, if this is not the case.


f. Monitoring. We may not review all material before it is posted on the Website.
We do not represent or warrant that objectionable material will be promptly removed. You must
not hold us responsible or liable for: (i) any action or inaction regarding transmissions,
communications, or content provided by any other user or third party; or (ii) performance or nonperformance
of the activities described in the following section.


g. Enforcement. We may:


i. Remove or refuse to post any User Contributions for any or no reason in our
sole discretion.


ii. Take any action with respect to any User Contribution that we deem necessary
or appropriate in our sole discretion if we believe that such User Contribution
violates these Terms and Conditions, including Section 6(e) (User
Contribution Standards), infringes any intellectual property right or other
right, threatens the personal safety of other users of the Website and the
public, or could create liability for the Company.


iii. Disclose your identity to any third party who claims that material posted by
you violates their rights, including their intellectual property rights or their
right to privacy.


iv. Take appropriate legal action, including without limitation, referral to law
enforcement, for any illegal or unauthorized use of the Website.


v. Fully cooperate with any law enforcement authorities or court orders
requesting or directing us to disclose the identity of anyone posting any
materials on or through the Website.


vi. Terminate your access to all or part of the Website for any or no reason,
including without limitation, any violation of these Terms and Conditions.

7. Intellectual Property Rights


a. Ownership by Company. You understand and acknowledge that: (i) the Website
and its Content are owned by the Company, its Affiliates, or other providers of such Content and
are protected by United States and international copyright, trademark, patent, trade secret, and
other intellectual property or proprietary rights laws; (ii) the Company name, the Company logo,
and all related names, logos, product and service names, designs, and slogans are trademarks of
the Company or its Affiliates; (iii) all other names, brands, and marks are used for identification
purposes only and are the trademarks of their respective owners; and (iv) no right, title, or
interest in or to the Website or any Content on the Website is transferred to you. You must not
use such marks and other Content without the prior written consent of the Company or their
respective owners. We reserve all rights not expressly granted herein.


b. Restrictions on Use of Website Content. You may use the Website for your
personal, non-commercial use or legitimate business purposes related to your role as a current or
prospective customer, supplier, or distributor of the Company. You must not:


i. Copy, modify, create derivative works of, publicly display, publicly perform,
republish, download, store, or transmit any of the Content on our Website,
except to: (1) store copies of such Content temporarily in Random Access
Memory (RAM); (2) store files that are automatically cached by your web
browser for display enhancement purposes; or (3) print a reasonable number
of pages of the Website for a permitted use.


ii. Modify copies of any Content from the Website.


iii. Use any illustrations, photographs, video or audio sequences, or any graphics
separately from the accompanying text.


iv. Delete or alter any copyright, trademark, or other proprietary rights notices
from copies of Content from the Website.


v. Reproduce, sell, or exploit for any commercial purposes any part of the
Website, access to the Website, or use of the Website or its Content.


c. Request for Permitted Use. If you wish to make any use of Content on the
Website other than that set out in this section, please address your request to:


Email: info@mytiifit.com


We may, in our sole discretion, choose to grant your request or not.


d. Unauthorized Use. If you print, copy, modify, download, or otherwise use any
part of the Website in breach of these Terms and Conditions: (i) we may terminate your right to
use the Website immediately; and (ii) you must, at our option, return or destroy any copies of the
Content you have made. You understand and acknowledge that any use of the Website not
expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions
and may violate copyright, trademark, and other laws.

8. Information About You and Your Visits to the Website


You understand and acknowledge that: (i) all information we collect on this Website is
subject to our Privacy Policy; and (ii) by using the Website, you consent to all actions we take
with respect to your information in compliance with the Privacy Policy. You represent and
warrant that all data you provide is accurate.


9. Website Linking


a. Linking to the Website. You may link to our Website, provided you do so in a
way that is fair, legal, and does not damage or take advantage of our reputation. You must not
establish a link in a way that suggests our association, approval, or endorsement where none
exists. You must ensure that the website or application from which you link complies in all
respects with Section 6(e) (User Contribution Standards) of these Terms and Conditions. You
must cooperate with us in stopping any unauthorized framing or linking immediately. We may
withdraw the permission to link without notice.


b. Linking from the Website. You understand and acknowledge that: (i) if the
Website contains links to other sites or applications and resources provided by third parties, these
links are provided for your convenience only (including links in advertisements and sponsored
links); (ii) we have no control over the contents of those sites, applications, or resources; (iii) if
you decide to access any of the third party websites or applications linked to this Website, you do
so entirely at your own risk and are subject to the terms and conditions of use for such websites
and applications. You must not hold us responsible or liable for such links or for any loss or
damage that may arise when you use them.

 


10. Disclaimer of Warranties


The Company and its Affiliates do not guarantee or warrant, expressly or impliedly: (i)
the completeness, security, reliability, quality, accuracy, or availability of the Website or its
Content; (ii) that the Website or its Content are free of viruses or other destructive code; or (iii)
that the Website or its Content shall otherwise meet your needs or expectations. The Company
disclaims all warranties of any kind, either express or implied, statutory or otherwise, including,
but not limited, to any warranties of merchantability, non-infringement, and fitness for a
particular purpose. The foregoing shall not affect any warranties which cannot be excluded or
limited under applicable law.


11. Assumption of Risk


You must assume all risk associated with your use of the Website or its Content. You
must implement sufficient procedures and checkpoints to satisfy your particular requirements
for: (1) anti-virus protection; (2) accuracy of data input and output; and (3) maintaining a means
external to our Website for any reconstruction of lost data.


12. Limitation on Liability


The Company and its Affiliates shall not be held responsible or liable for any loss or
damages of any kind, under any legal theory, arising out of or in connection with your use of, or
inability to use, the Website or its Content including, but not limited to: (i) damages resulting
from a distributed denial-of-service (DDoS) attack, viruses or other technologically harmful
material that may infect your computer equipment, computer programs, data, or other proprietary
material; (ii) direct, indirect, special, incidental, consequential, and punitive damages; and (iii)
personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of
business or anticipated savings, loss of use, loss of goodwill, and loss of data.
You must not hold the Company or its Affiliates responsible or liable for loss or
damages, regardless of whether they are caused by tort (including negligence), strict liability,
indemnity, product liability, breach of contract, breach of warranty, or otherwise, even if
foreseeable. The foregoing does not affect any liability which cannot be excluded or limited
under applicable law. These limitations and exclusions regarding damages apply even if any
remedy fails to provide adequate compensation.


13. Indemnification


You must defend, indemnify, and hold harmless the Company and its Affiliates from and
against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees
(including reasonable attorneys' fees) resulting from your violation of these Terms and
Conditions or your use of the Website or its Content other than as expressly authorized in these
Terms and Conditions or your use of any information obtained from the Website. If the
Company suspects that you have breached these Terms and Conditions, the Company may
investigate the matter. You must hold harmless the Company from any and all claims arising out
of: (1) any action taken by the Company during or as a result of its investigations; and (2) any
actions taken as a consequence of investigations by either the Company or law enforcement
authorities.


14. Governing Law; Venue


Without regard to its choice or conflict of law principles, Ohio law governs all matters
with respect to these Terms and Conditions. You and the Company submit to the exclusive
jurisdiction of the Ohio state courts in Hamilton County, Ohio, or federal courts in the Southern
District of Ohio for any and all actions or proceedings arising out of or relating to these Terms
and Conditions, with the exception that we may bring any action or proceeding against you for
breach of these Terms and Conditions in your country of residence or any other relevant country.
You must waive any and all objections to the exercise of jurisdiction over you by such courts and
to venue in such courts.


15. Limitation on Time to File Claims


You must commence any cause of action or claim you may have arising out of or relating
to these Terms and Conditions or the Website or its Content within one (1) year after the cause of
action accrues. Otherwise, such cause of action or claim is barred permanently.


16. Waiver


The waiver, delay, or failure by the Company to exercise any right, power, or privilege
granted by any provision of these Terms and Conditions at any time does not operate as a
continued waiver or preclude the Company from further exercising any right, power, or privilege
granted by that provision.


17. Severability


If any provision of these Terms and Conditions is held by a court of competent
jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall not be
terminated but shall be modified to the maximum extent enforceable by law. If a provision
cannot be modified to a satisfactory degree in the judgment of such court, the remainder of these
Terms and Conditions shall continue in full force and effect.


18. Entire Agreement


These Terms and Conditions and our Privacy Policy constitute the sole and entire
agreement between you and Tii Fit Wellness LLC with respect to the Website and supersede all
prior and contemporaneous understandings, agreements, representations, and warranties, both
written and oral, with respect to the Website.


19. Your Comments and Concerns


This Website is operated by Tii Fit Wellness LLC.
All feedback, comments, requests for technical support, notices of copyright infringement
claims, and other communications relating to the Website should be directed to:


Email: info@mytiifit.com