(hereinafter referred to as the “Agreement”) for use of the TRIFUSION, LLC website (“Website”).
This Website is not directed to persons under fifteen (15) years of age. The Website is owned by TRIFUSION, LLC. (hereinafter referred to as “TRIFUSION”). This Agreement applies to all of the products, services, and websites offered by Website and TRIFUSION, the mobile versions thereof, any Website software that you have embedded on a website or are about to embed (“Widgets”), and any applications (“Apps”) created by TRIFUSION whether available through a social networking site or its subsidiaries or affiliated companies (collectively, “Service”). Please note that the availability of any Apps on a social networking site does not indicate any relationship or affiliation between TRIFUSION and such social networking site.
The information presented on this Website is in no way intended as medical advice or as a substitute for medical treatment. This information should only be used in conjunction with the guidance and care of your physician. Consult your physician before beginning any diet, nutrition, or fitness plan offered through the Website. Your physician should allow for proper follow-up visits and individualize your diet, nutrition, or fitness plan as appropriate. Nothing stated or presented on the Website is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider if you have any questions regarding a medical condition, your diet, nutritional supplements, an exercise regimen, or any other matter related to your health and well-being.
If you do not agree to be bound by this Agreement, please do not use or access this Website. TRIFUSION reserves the right to refuse or cancel your account. We also reserve the right to cancel your membership should you violate any provision of this Agreement, or any other posted policy on the Website. The contents of this Website, including the videos, text, graphics, images, and information obtained from TRIFUSION’S third-party content providers, sponsors, suppliers, and licensors (collectively “Providers”), and any other materials are to be used for informational purposes only.
PARENTAL OR GUARDIAN PERMISSION
You must be 15 years or older to use this Website and by providing information about yourself to TRIFUSION, you are representing that you are fifteen years of age or older. If you are younger than thirteen (13) years of age and would like to become a registered member of or provide information about yourself to TRIFUSION, you are required to have your parent or legal guardian contact the business prior to use.
PRIVACY
Please review our Privacy Policy found here, which also governs your visit to the Website, to understand our privacy practices.
COMMUNICATIONS
When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications (including legal notices) from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Finally, TRIFUSION may deliver communications to you by any means set forth in any other policy or notice published on the Website.
LICENSE AND SITE ACCESS
TRIFUSION grants you a limited license to access and make personal use of the Website and you may not download (other than page caching) or modify it, or any portion of it, without the express written consent of TRIFUSION. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of TRIFUSION.
You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TRIFUSION without our express written consent. You may not use any metatags or any other hidden text utilizing TRIFUSION’S name or trademarks without the express written consent. Any unauthorized use terminates the permission or license granted by TRIFUSION. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Website so long as the link does not portray TRIFUSION, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner.
MEMBERSHIP ACCOUNT
If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. TRIFUSION reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Memberships are non-transferable.
You agree to:
- (a) maintain all computer and phone equipment necessary for your access to and use of the Website;
- (b) maintain the security of your user identification, password, Personal Information (as defined in our Website Privacy Policy), and any other confidential information relating to your TRIFUSION account;
- (c) take responsibility for all charges resulting from use of your TRIFUSION account, including unauthorized use prior to your notifying TRIFUSION of such unauthorized use and taking the legal steps to prevent its further occurrence by contacting us to change your password;
- (d) update your Personal Information (as defined in our Website Privacy Policy), including email address, as appropriate.
If you are given a promotional code you may only use it once. After the promotion terminates, you will be required to subscribe to the Website. TRIFUSION reserves the right to terminate any account that is using or trying to use more than one promotion. If a membership is terminated due to a violation of this Agreement, TRIFUSION will not reimburse Subscriber for the remainder of the paid month. Nor will reimbursements be made for memberships cancellations prior to monthly renewal. Subscribers may cancel their subscription at any time.
CONTACTING TRIFUSION
You may contact us by email (provide your first and last name and user name; we will not open your email if it contains an attachment).
DISCLAIMERS AND LIMITATION OF LIABILITY
Users of the Website (individually and collectively, “User”) expressly agree that use of the Website is at User’s sole risk. Neither TRIFUSION, nor its employees or Providers, warrant that the Website will be uninterrupted or error-free; nor do they warrant or make any representation regarding the use of the information provided on the Website or the results that may be obtained from the use of the information provided on the Website, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through the Website.
TRIFUSION does not endorse, recommend, or sponsor and is not affiliated with any individuals or entities listed or linked to on the Website unless that fact is expressly stated. The listing of any individual or entity does not constitute a medical referral of any kind. Users are advised to exercise their own further informed review, judgment, and evaluation in the selection of any and all medical professionals and health information.
THIRD-PARTY CONTENT
The Website contains information, data, software, photographs, graphs, videos, typefaces, graphics, audio, and other material (“Content”). Regarding the Content supplied by Users or parties other than TRIFUSION, which is a distributor and not a publisher. TRIFUSION has no more editorial control over such third-party or User Content than does a public library or newsstand.
ONLINE CONDUCT
User agrees to use the Website only for lawful purposes. User is prohibited from posting on or transmitting through the Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind.
LINKS TO OTHER SITES
The Website may reference or link to third-party sites throughout the World Wide Web. TRIFUSION has no control over these third-party sites or the content within them. TRIFUSION cannot and does not guarantee, represent, or warrant that the content contained in these third-party sites is accurate, legal, or inoffensive.
COPYRIGHTS
Copyright © TRIFUSION, LLC 2017. All materials and contents contained in the Website (including but not limited to the text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software), and the Website itself, are copyrighted materials belonging exclusively to TRIFUSION or its content suppliers and are protected by United States and international copyright law. TRIFUSION enforces its copyright interests to the fullest extent permitted under the law.
TRADEMARKS
TRIFUSION and the related logos and other marks indicated on our Website are the exclusive property and trademarks of TRIFUSION. TRIFUSION reserves all rights, including all rights applicable under the U.S. and international trademark laws.
INDEMNITY
You agree to defend, indemnify, and hold TRIFUSION and Providers harmless from and against any claims, actions, or demands, liabilities, and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
APPLICABLE LAW
The Website is created and controlled by TRIFUSION in the State of Alabama. As such, the laws of the State of Alabama will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws. TRIFUSION reserves the right to make changes to its Website and these disclaimers, terms, and conditions at any time.
PRESERVATION/DISCLOSURE
You acknowledge, consent, and agree that TRIFUSION may access, preserve, and disclose your account information and Content if required to do so by law or in a good-faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process nationally or internationally; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties.
MISCELLANEOUS TERMS
In any action against us arising from the use of this Website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees.
TRIFUSION reserves the right to make changes to the Website, these policies, and these Terms and Conditions of Use at any time, effective immediately upon the posting on this Website.
