Terms and Conditions
The following Terms of Use ("Terms") constitute an agreement between Taylored for Performance ("us" or “our”), and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to our website ("Website"), located at https://www.tayloredforperformance.com/.
In the Terms, we may refer to the written, audio, photographic, and video content on the Website, including any content we have published in newsletters or available through paid products or free resources, as the “Company Content.”
By using this Website or the Company Content, you accept and agree to be bound and abide by these Terms.
CHANGES TO THESE TERMS
We reserve the right to modify, alter, amend, or update our Website, the Company Content, our policies, and these Terms. These Terms are subject to change without notice. All changes are effective immediately upon posting. If you do not agree with or do not accept any part of these Terms, you must not use the Website or interact with the Company Content.
Your continued use of the Website or Company Content following any changes to the Terms means that you accept and agree to the changes. You are expected to check this page periodically, so you are aware of any changes, as they are binding on you.
ADDITIONAL POLICIES INCORPORATE INTO THESE TERMS
Any additional policies or terms we adopt may be incorporated into these terms by reference. This includes:
Privacy Policy, located at https://www.tayloredforperformance.com/privacy-policy, which defines our practices related to consumer privacy and data usage.
Disclaimer, located at https://www.tayloredforperformance.com/disclaimer, which reviews our liability related to the Company Content.
PERMITTED USERS
The Company Content is meant for users over 18 years or older. By using the Company Content, you represent and warrant that you meet this eligibility requirement. If you do not meet this requirement, you must not access or use the Website or Company Content.
PURCHASE POLICIES
The following policies are related to your purchase of any products (“Products”) on the Website.
Order Acceptance and Cancellation
By placing an order to purchase Products on the Website, your order is considered an offer to buy, under the terms set forth in these Purchase Policies, the products and/or services listed in your order. We may review your order and determine whether or not to accept it; however, we are not obligated to accept any order.
We reserve the right, but are not obligated to, limit the sale of Products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis and we may exercise our right to reject your order, even if you have received confirmation of the purchase. In such circumstances, you will be refunded for any payments made at the time you submitted your order.
We reserve the right to limit quantities of Products available for purchase, even if the Products are available digitally.
Purchaser Eligibility
The Products are available to individuals over the age of 18.
All Products are available to those seeking individual support for themselves. The Products are not available for the following uses:
Those seeking to use the Products as the basis for a paid product or service or any other use that is contrary to these Purchase Policies and the license granted herein.
Individuals seeking training on our methodologies so that they may incorporate our methodologies, in whole or in part, into their own products or services.
If we become aware that you have submitted an order to purchase the Products in violation of these eligibility requirements, we will immediately reject your order. We reserve all rights to defend our intellectual property and may follow with a cease and desist if there is any evidence of inappropriate usage of the Products.
Prices
All prices listed on the Website are subject to change without notice. The price you will be charged will be the price in effect at the time you submit your order. Any applicable sales tax or other charges will be added to your total before the purchase is completed.
Payments
Unless otherwise stated, payments are due and will be collected at the time you place your order. All payments are processed through our payment processor.
By purchasing any Product(s), you agree to pay the total amount due and authorize us, through our payment processor, to charge your payment method under the payment method you choose for the amount listed. By entering the payment information, you represent a) that all payment information is true and accurate, b) that you are authorized to use the payment method, and, c) all charges you incur will be honored by your payment method.
Refunds
Because you may immediately download the Products, we do not offer refunds.
If you live in a jurisdiction that has rules regarding refunds that conflict with these Purchase Policies, we will honor the rules of the jurisdiction, if applicable to the type of purchase you have made.
You agree that you have reviewed the applicable refund policies and will not file any disputes or request chargebacks through your credit card issuer. If you do, this refund policy will be provided to demonstrate your awareness of the policy in our defense against the request.
Discounts
Occasionally, we may offer discounts on our Products, which are offered in our sole discretion. We reserve the right to limit discounts to particular time periods or particular Products. Discounts may be available for a limited time. After the expiration of a discount offer, we will not honor the past discount.
We will not offer refunds for failure to apply a discount at the time of purchase. Additionally, we do not offer price adjustments for discounts offered after the time of purchase.
Product Delivery
Upon receipt of your payment, you will receive an email with a link to download the Products. If you are uncertain how to open the files, please search for instructions based on the type of device you are using.
Please note that the download links for the Products will be good for 24 hours. If you don’t download the Products in the first 24 hours, a new link will need to be generated and you will receive instructions on how to regenerate if you attempt to use an expired link. You understand that you are downloading files at your risk. We are not liable for any errors and omissions in these downloadable files. We are not liable for any technological problems that you may encounter downloading the files.
License to Use the Products
We are the creator and owner of the Products, subject to any licensed materials which authorize us to utilize certain content within the Products. We reserve all rights in the Products. Unauthorized use of any of our intellectual property will be considered infringement and we reserve all rights and remedies.
By purchasing the Products, we are granting you, the purchaser, a revocable limited license for your personal use of the Product(s). Commercial use of the Products is strictly prohibited. You may not share, distribute, display, perform, resell, republish, or create derivative works based upon the Products.
For clarification, this means that you, the purchaser, are permitted to use the Products that you purchase; however, you may not share the Products with any third party. Additionally, you may not reproduce or resell the information to third parties.
Usage of the Products for commercial purposes, such as reselling, is strictly prohibited.
YOUR RESPONSIBILITY IN USING THE COMPANY CONTENT
The Company Content was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the Company Content. We make no representations, warranties, or guarantees. You understand that results may vary from person to person. We assume no responsibility for errors or omissions that may appear in the Company Content. Please see our Disclaimer, located at https://www.tayloredforperformance.com/disclaimer, for more information.
USE OF THE WEBSITE
Unless otherwise stated, we own the intellectual property and rights to all Company Content and the Website. Subject to the license below, all intellectual property rights are reserved.
You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms.
Unless it is specifically and expressly made available for such purpose, the following uses are not permitted:
republishing material from the Website or Company Content including republication on another website;
selling, renting, or sub-licensing the Company Content;
displaying any material from the website without crediting us;
reproducing, duplicating, copying, or otherwise exploiting the Website or Company Content for a commercial purpose;
editing or otherwise modifying the Website or Company Content; or
redistributing the Company Content
From time to time, we will utilize various plugins or widgets to allow sharing of content via social media channels, email, or other methods. Use of these plugins or widgets does not constitute any waiver of our intellectual property rights. Such use is a limited license to republish the content on the approved social media channels only, with full credit to us.
PROHIBITED USES OF THE WEBSITE
You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble, or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to, scraping, data mining, data extraction, or data harvesting on or in relation to the Website without our express written permission.
You must not use the Website to transmit or send any unsolicited commercial communications, including, but not limited to, spam comments. You may not use the Website to link third-party content in a way that is unfair or deceptive. You must not use the Website for any third-party marketing without our express written permission.
ARTIFICIAL INTELLIGENCE
We do not consent to the use of any portion of this Website, or the Company Content being used in any format, in whole or in part, for the development, training, or operation of artificial intelligence or other machine learning systems, unless authorized by us through a separate agreement. Any unauthorized use of the Company Content or Website in violation of this prohibition will be considered a breach of these Terms and may be a breach of our rights under copyright laws of the United States.
INTELLECTUAL PROPERTY RIGHTS
Copyright
Unless otherwise noted, we own the copyrights to the design, content, and all components of the Website and Company Content. The Website and Company Content are protected by United States and international copyright laws and should not be reused or republished without express written permission.
From time to time, the Company Content will legally utilize copyrights owned by third parties. These copyrights are the respective property of their owners and we makes no claim of ownership.
Trademarks
Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits us or our owners.
From time to time, the Company Content will legally utilize or reference trademarks owned by third parties. These trademarks are the respective property of their owners and we make no claim of ownership.
Content Contributed to the Website
In limited circumstances, you may contribute content to the Website, including, but not limited to, comments, posts, or submissions. Any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material, and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party's legal rights, and must not be capable of giving rise to legal action whether against you, us, or a third party.
We reserve the right to edit or remove: (i) any material submitted to the Website; (ii) stored on our servers; or, (iii) hosted or published on the Website. We take no responsibility and assume no liability for any content posted by you or any third party.
Notwithstanding our rights under the Terms, we do not undertake to monitor the submission of all content to, or the publication of such content on, the Website.
Grant of Rights
You grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute any content you contribute to the Website or Company Content. This includes, but is not limited to, text, images, audio material, comments, video material, and audio-visual material. This license extends to all known and future media. You also grant us the right to sub-license these rights and the right to bring an action for infringement of these rights.
In the event that you contribute any comments or suggestions regarding the Website or Company Content to us, including, but not limited to, notes, text, drawings, images, designs, or computer programs, such submissions shall become, and shall remain, our sole property. No submission shall be subject to any obligation of confidentiality on our part. We shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
AFFILIATE MARKETING
From time to time, we may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, we will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.
CHANGES TO THE COMPANY CONTENT
We reserve the right to modify any Company Content or the Website at any time; however, we do not guarantee that the Company Content is complete or up-to-date. The Company Content may be out of date and we are under no obligation to update any Company Content at any time.
COMMUNICATION
If you send us an email, register to use the Website, purchase a Product, or provide your email to us in any other way, you consent to receive communications from us electronically. You agree that all legal notices provided via electronic means from us satisfy any requirement for written notice.
MONITORING AND ENFORCEMENT
We have the right to:
remove or refuse to post any contribution for any reason, in our sole discretion.
Take any action, including deletion, with respect to any contribution made to the Website.
Disclose your identity (if known) or other information regarding your usage of the Website to any third party who claims that any contribution you make to the Website violates their rights, including their intellectual property rights or right to privacy.
Take appropriate legal action for any illegal or unauthorized use of the Website.
We do not, however, review all contributions to the Website prior to posting and cannot ensure prompt removal of objectionable contributions. We assume no liability for any action or inaction regarding contributions from a third party.
TERMINATION
We reserve the right, in our sole discretion, to immediately terminate your access to the Website and Company Content without notice to you.
THIRD PARTIES
The Website and Company Content may contain links to third-party websites that are not governed or controlled by us. These links are provided for your convenience only. We are not responsible for the content on any pages linked on the Website and accept no responsibility for your use of such links.
You represent and warrant that you have read and agree to be bound by all applicable terms of use and policies for any third-party website. We assume no control or liability over the content of any third-party sites. You expressly hold us harmless from all liability related to your use of a third-party website.
Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold us harmless from any and all liability in any dispute.
NO WARRANTIES
The Website and all Company Content are provided on an "as is" and "as available" basis without any representations or warranties, express or implied. We make no representations or warranties in relation to the Website or the Company Content.
We make no warranty the Website will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represent the full functionality, accuracy, and reliability of the Website. We are not responsible to you for the loss of any content or material uploaded or transmitted through the Website.The Website and Company Content are written in English and we make no warranty regarding translation or interpretation of content in any language.
LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
INDEMNITY
You agree to defend, indemnify and hold us, our members, employees, officers, directors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys' fees and expenses) which we suffer as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
ARBITRATION
These Terms will be governed and construed in accordance with the laws of the State of Texas. Any controversy or claim arising out of or relating to the Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Wise County, Texas. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.
MISCELLANEOUS PROVISIONS
If any provision(s) of the Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.
The Terms may not be assigned by you without our prior written consent; however, the Terms may be assigned by us in our sole discretion.
The Terms are the final, complete, and exclusive agreement of the parties with respect to the Website and Company Content; however, we may make modifications as stated above.
All notices with respect to the Terms must be in writing and may be via email to support@tayloredforperformance.com for us and to your email address.
UPDATED: June 28, 2024