If you purchase your products and/or services directly from Zero To Toned, then all sections apply.
PLEASE READ THE FOLLOWING CAREFULLY BEFORE YOU USE OUR SERVICES.
Our Site and Services are not intended for use by individuals under the age of 18 (a “Minor”) unless a Minor has obtained prior consent to use our Site or Services. Use of our Site or Services by a Minor without such consent is strictly prohibited. Zero To Toned specifically disclaims any and all responsibility or obligation to monitor or verify the age or legal status of any Client. Zero To Toned will have no liability resulting from any use of our Site or Services by any Minor.
Zero To Toned offers nutritional and fitness information products and services:
You agree to pay, and authorize Zero To Toned’s third party payment processor to charge using your selected payment method and payment plan, for all applicable fees and taxes that may accrue in relation to your subscription to use our Services or purchase our products (such as the ZTT Guides). All fees are in US Dollars and are non-refundable except as required by law. Zero To Toned is not responsible for charges or foreign exchange rates applied by your Credit Card Company and/or financial institution. You are responsible for providing complete and accurate billing and contact information to us. We may suspend or terminate the Services if fees are 30 days past due.
Wherever possible, we collect personal information directly from you. Where applicable, we may also obtain information about you from other sources. That is, if you register for our ZTT Coaching Program via a third-party social media network, you authorize Zero To Toned to collect from the third-party network the personal information you provided in your third-party network account so that we may pre-populate the registration and other relevant fields of your ZTT Coaching Program user profile. Your use of third-party networks remains subject to the terms and conditions and policies you have agreed to with such third-party network providers.
For Clients of our Coaching Programs, we at Zero To Toned want you to get as much out of our program as possible. We guarantee that you will benefit from our ZTT Coaching Programs or we will provide you with a full refund after your completion of the program.
For Clients of our ZTT Coaching Program or who have purchased any of our Guides or Programs, if you are not satisfied with the materials we provide you, you have 60 days from the date of registering for our Services to request a refund.
All content provided or otherwise made available by Zero To Toned through the Services and the Site, including but not limited to text, graphics, images, music, software, audio, video, concepts, methods of operation, works of authorship of any kind, and information or other materials appearing on or emanating to and/or from the Services, as well as their overall design and appearance (the “Content”) is owned, controlled or licensed by or to Zero To Toned and is protected by intellectual property rights and unfair competition laws within and outside of the United States. Content also includes any Content that Clients (including you) provide or make available through our Services and Site (“Client Content”).
By making Client Content available through our Services and Site, you hereby grant Zero To Toned a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license to use, copy, reproduce, modify, adapt, translate, create derivative works based upon, distribute, publicly display, perform, distribute and communicate by means of telecommunication your Client Content in connection with operating and providing our Services, Site, and Content to you and other Clients.
You can remove your Client Content by specifically deleting it. However, in certain instances, some of your Client Content may not be completely removed and copies of your Client Content may continue to exist on the Services or the Site. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your Client Content.
All trademarks, service marks, trade names, logos and graphics (“Marks”) used in our Services or on the Site are registered or common law trademarks of Zero To Toned. You may not make any use of any Marks without the prior written consent of Zero To Toned.
We at Zero To Toned would love to hear from you, and welcome any feedback, comments and suggestions you may have to improve our Services and/or our Site (“Feedback”). You can submit Feedback by emailing us [email protected] When you submit your Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license (under any and all intellectual property rights that you own or control) to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
To foster a positive and welcoming community for our Services and on the Site, Zero To Toned has established the following rules of use. You agree you will not:
The sender of any communication in or through our Services or the Site shall be solely responsible for the content and information contained therein, including, without limitation, its truthfulness, accuracy and completeness. Although Zero To Toned reserves the rights to monitor, record, edit or remove any content within our Services or the Site, Zero To Toned has no obligation or responsibility to do so. In addition, Zero To Toned shall not be liable or responsible to any Client, Coach or any other person or entity for the performance or non-performance of the monitoring, recording, editing or removal activities mentioned above.
OUR COACHES ARE NOT HEALTHCARE PROFESSIONALS. OUR SERVICES AND THIS SITE DO NOT PROVIDE OR OFFER, AND ARE NOT A REPLACEMENT FOR, PROFESSIONAL MEDICAL EVALUATION, ADVICE, DIAGNOSIS OR TREATMENT (“MEDICAL ADVICE”). Zero To Toned provides the services for informational purposes only. Based on information that you request and/or provide to us, Zero To Toned provides you: (i) access to general health education and information; (ii) nutritional and other fitness advice from our Coaches; and (iii) references to other resources. While Zero To Toned believes that the information provided through our Services and the Site is current and reliable, Zero To Toned cannot and does not make any such guarantee or warranty.
YOU HEREBY AGREE THAT, BEFORE USING OUR SERVICES, YOU WILL CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER FOR MEDICAL ADVICE, PARTICULARLY IF YOU ARE AT RISK FOR PROBLEMS ARISING FROM CHANGES IN YOUR DIET OR LIFESTYLE. Our Services are not intended to be used by Minors or individuals with health conditions that makes the kind of changes to diet or lifestyle suggested by our Services unsafe or inappropriate.
Furthermore, Zero To Toned shall have no obligation or responsibility to monitor your health status or health condition or to contact or alert any medical or emergency professional. Zero To Toned shall not be liable to you for your reliance on any information obtained through the use of the Services or this Site, and Zero To Toned disclaims all liability in connection with such information. This disclaimer shall not extend to damages caused directly and solely by Zero To Toned’s gross negligence or wilful misconduct.
FURTHER, USING THE SERVICES MAY INVOLVE THE RISK OF PHYSICAL OR MENTAL INJURY OR ILLNESS. SPECIFIC RISKS VARY FROM ONE DIET OR LIFESTYLE CHANGE TO ANOTHER AND THE RISKS RANGE FROM MINOR INJURIES OR ILLNESS TO MAJOR INJURIES OR ILLNESS.
ZERO TO TONED HEARBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO ANY SERVICES PROVIDED BY OUR COACH CLIENTS.
IN NO EVENT SHALL ZERO TO TONED, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT BE LIABLE: (I) TO YOU FOR ANY PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA OR GOODWILL, LOSS OF PROGRAMS, LOST PROFITS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR COST OF SERVICE INTERRUPTIONS) ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SERVICES, THIS SITE, THE SERVICES MOBILE APPLICATION SOFTWARE (IF ANY) AND ANY AND ALL EQUIPMENT OR DEVICES RECEIVED BY YOU AS PART OF YOUR USE OF IN THE SERVICES, EVEN IF ZERO TO TONED OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) TO ANY PERSON OTHER THAN YOU FOR ANY DAMAGES WHATSOEVER.
IN ADDITION, ZERO TO TONED DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER CLIENTS OR UNAUTHORIZED USERS (E.G., “HACKERS”) OF THE SERVICES. EXCEPT WHERE DUE TO ZERO TO TONED’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
IN NO EVENT SHALL ZERO TO TONED BE LIABLE TO YOU OR ANYONE ELSE FOR ANY AMOUNT IN EXCESS OF THE AMOUNTS PAID BY YOU (OR BY A THIRD PARTY ON YOUR BEHALF, AND ONLY TO THE EXTENT SUCH AMOUNT IS DIRECTLY ATTRIBUTABLE TO YOU AND NOT ANOTHER CLIENT) TO ZERO TO TONED FOR ACCESS TO THE ONLINE SERVICES AND THIS WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR THE LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION.
You may cancel your account at any time by emailing us [email protected] In the event that you cancel your account, Zero To Toned shall not be required to provide you with a refund or other compensation.
Regardless of any statute or law to the contrary, any claim or cause of action against Zero To Toned arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If you have a dispute with one or more of our other Clients, you release Zero To Toned from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Our Services may contain links to third-party websites or other resources, but these links and sites do not form part of our Services. We provide these links only as a convenience to you and are not responsible for the content, products or services available from those websites or resources or links displayed on such sites. Zero To Toned does not endorse or control any information accessed on or from any third-party website and assumes no responsibility for any material which may be accessed through such links. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources. Please make sure to review the applicable agreements and policies when visiting any third-party websites, including different policies with respect to the use, collection and disclosure of your Personal Information.
You are responsible for all mobile, cable or other internet service provider charges incurred by you for connecting to the Services or the Site, and Zero To Toned assumes no responsibility or liability for any such charges, including, but not limited to, data charges, long distance charges, per minute (or unit) surcharges, and/or equipment or line costs, incurred by you while accessing the Services or the Site. Any dispute or problem regarding telephone or internet provider services are strictly between you and your service provider. You may receive text messages in connection with your use of our Services or the Site. Standard text messaging and data usage rates may apply. You are responsible for all charges incurred by you for text you receive and Zero To Toned assumes no responsibility or liability for any such charges.
If you have any questions about these Terms of Service, our Services, or our Site please contact Zero To Toned at [email protected], or mail us at:
247 Twin Oaks Drive
Last Updated: March 31, 2017