Terms and Conditions (TTSL)

Created: 6/1/2022                                                                Version: 1
 
Zanagraphics, Inc DBA Constantly Varied Gear's
TERMS AND CONDITIONS OF USE FOR TTSL (THICK THIGHS SAVE LIVES) PROGRAMMING

 

Constantly Varied Gear's TTSL Programming, and each of their affiliates, coaches and employees (collectively, “Constantly Varied Gear's TTSL Programming”, “us”, “we” or “our”) are pleased to provide you with access to and use of our websites, mobile and device applications, content, streaming services, products, services, goods, equipment, equipment interfaces, promotions, software, technology and any other materials (collectively, “Constantly Varied Gear's TTSL Programming Services”) that we may provide.

 

PLEASE READ CAREFULLY: THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 8) WHICH AFFECT YOUR RIGHTS RELATED TO DISPUTES YOU MAY HAVE WITH CONSTANTLY VARIED GEAR’S TTSL PROGRAMMING. EXCEPT WHERE PROHIBITED BY LAW AND AS SET FORTH IN SECTION 8, BY PURCHASING, ENGAGING WITH OR OTHERWISE USING ANY CONSTANTLY VARIED GEAR’S TTSL PROGRAMMING SERVICES, YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND CONSTANTLY VARIED GEAR’S TTSL PROGRAMMING WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-⁠WIDE ARBITRATION. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE IMMEDIATELY CEASE USE OF ANY CONSTANTLY VARIED GEAR’S TTSL PROGRAMMING SERVICES.

 

THE CONSTANTLY VARIED GEAR’S TTSL PROGRAMMING SERVICES ARE NOT INTENDED FOR ANYONE UNDER THE AGE OF 13.  IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MAY ONLY ACCESS AND/OR USE ANY CONSTANTLY VARIED GEAR’S TTSL PROGRAMMING SERVICES WITH THE INVOLVEMENT AND APPROVAL OF YOUR PARENT OR GUARDIAN.

 

  1. Contract Between You and Constantly Varied Gear's TTSL Programming; Privacy Policy.

These Terms and Conditions of Use (“Terms”) and our Privacy Policy (available HERE ) form a legally binding agreement between you and Constantly Varied Gear's TTSL Programming, and govern your access and use, and our provision of, the Constantly Varied Gear's TTSL Programming Services and any other technology, content, items or other materials provided by or through Constantly Varied Gear's TTSL Programming, or otherwise on which these Terms are provided (including via links). BY ACCESSING OR USING ANY CONSTANTLY VARIED GEAR’S TTSL PROGRAMMING SERVICE, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS (INCLUDING WITHOUT LIMITATION SECTION 8 BELOW), OUR PRIVACY POLICY AND ANY AMENDMENTS THERETO, AND YOU AGREE YOU ARE AT LEAST 18 YEARS OF AGE.

 

 

  1. Changes to These Terms.

We may in our sole and absolute discretion change these Terms or our Privacy Policy from time to time to comply with laws or to meet our changing business requirements. These revisions shall be effective for new users immediately upon signing up to the Constantly Varied Gear's TTSL Programming Services; however, for existing customers, the applicable revisions shall be effective 30 days after posting unless otherwise stated. If you do not agree with any of the changes, you must discontinue using any and all Constantly Varied Gear's TTSL Programming Services.  By continuing to use any Constantly Varied Gear's TTSL Programming Services after the 30-day period referenced above in this Section, you expressly accept any applicable changes. Please note our employees, customer service representatives, Constantly Varied Gear's TTSL Programming Coaches, or other agents are not authorized to modify any provision of these Terms, either verbally or in writing.

 

  1. Constantly Varied Gear's TTSL Programming’s Intellectual Property; Limited License to Constantly Varied Gear's TTSL Programming Services.

 

3.1. Ownership

You acknowledge and agree that Constantly Varied Gear's TTSL Programming Services, and any logos, names, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation any copyrights, patents, trademarks, proprietary or other rights contained therein, related thereto, or otherwise arising therefrom are owned by Constantly Varied Gear's TTSL Programming, or its affiliates, licensors or suppliers. Furthermore, you acknowledge and agree that the source and object code of certain Constantly Varied Gear's TTSL Programming Services (such as our dashboard) and the format, directories, queries, algorithms, structure and organization of the same are the intellectual property, proprietary and confidential information of Constantly Varied Gear's TTSL Programming and/or its affiliates, licensors and suppliers. You expressly agree that you will do nothing inconsistent with Constantly Varied Gear's TTSL Programming’s ownership of the Constantly Varied Gear's TTSL Programming Services, and that you gain no rights, title, or interest in or to any Constantly Varied Gear's TTSL Programming Services or any goodwill associated therewith, except as stated in these Terms or any executed written agreement between you and Constantly Varied Gear's TTSL Programming. In addition, except as expressly set forth in these Terms, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of Constantly Varied Gear's TTSL Programming or any third party. Any and all goodwill arising from your use of any Constantly Varied Gear's TTSL Programming Services shall inure solely to the benefit of Constantly Varied Gear's TTSL Programming.

 

3.2.  Limited License

For any Constantly Varied Gear's TTSL Programming Services which enable you to use any software, content, or other materials owned or licensed by us only after you become validly authorized by us, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license solely to access and use the specific Constantly Varied Gear's TTSL Programming Services, and any related software, content, or other materials FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY.

 

3.3. Restrictions

You are prohibited from, and expressly agree that you will not: (i) circumvent or disable any content protection system, digital rights management technology, user and/or country limitations or any other technology used with any Constantly Varied Gear's TTSL Programming Services; (ii) decompile, reverse engineer, disassemble or otherwise reduce any Constantly Varied Gear's TTSL Programming Services to a human-readable form; (iii) remove identification, warnings, disclaimers, disclosures, copyright or other proprietary notices in or on Constantly Varied Gear's TTSL Programming Services; (iv) access or use any Constantly Varied Gear's TTSL Programming Services in an unlawful or unauthorized manner or in a manner that suggests an association with our content, products, services or brands, unless you have an executed agreement with us that allows for such activity; (v) use, alter, copy, modify, store, sell, reproduce, distribute, republish, download, publicly perform, display, post, transmit, create derivative works of, or exploit any Constantly Varied Gear's TTSL Programming Services or any part thereof, except as expressly authorized in these Terms or as part of Constantly Varied Gear's TTSL Programming Services provided to you; (vi) introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Constantly Varied Gear's TTSL Programming Services or connected network, or interfere with any person or entity’s use or enjoyment of any Constantly Varied Gear's TTSL Programming Services; (vii) access, monitor, or copy any element of Constantly Varied Gear's TTSL Programming Services using a robot, spider, scraper or other automated means or manual process without our express written permission; or (viii) sell, resell, or make commercial use of Constantly Varied Gear's TTSL Programming Services, unless you have an executed agreement with us that expressly allows for such activity.  You may not access or use any Constantly Varied Gear's TTSL Programming Service in violation of United States, Canadian or other applicable export control and economic sanctions requirements. By accessing or otherwise using any services, content or software through any Constantly Varied Gear's TTSL Programming Services, you represent and warrant that: (ix) your access to and use of Constantly Varied Gear's TTSL Programming Services, or any content or software therein, will comply with any and all requirements in these Terms; (x) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a terrorist supporting country, and that you are not listed on any U.S. government list of prohibited or restricted parties; and (xi) you will comply with all applicable local, national, and international laws, rules, regulations and ordinances in connection with your use of any Constantly Varied Gear's TTSL Programming Services and our websites.

 

3.4.  Third Party Services and Content

Certain Constantly Varied Gear's TTSL Programming Services may integrate, be integrated into, or be provided in connection with third-party websites, services, applications, tools, interfaces, content, and/or materials (“Third-Party Services”). We do not review or control any Third-Party Services. We additionally make no claim or representation regarding, and accept no responsibility for, the quality, content, nature, or reliability of Third-Party Services accessible from our websites, apps, software or any other element of Constantly Varied Gear's TTSL Programming Services. There is no implied affiliation, endorsement or adoption by Constantly Varied Gear's TTSL Programming of these Third-Party Services and we shall not be responsible for any content provided on or through these Third-Party Services. You should read the terms of use and privacy policies that separately apply to these Third-Party Services.

Certain opinions, advice, statements, or other information, including without limitation, food, nutrition and exercise data, may be made available by third parties through or in connection with the Constantly Varied Gear's TTSL Programming Services (“Third-Party Content”). This Third-Party Content belongs to the respective authors or providers of the applicable Third-Party Content and these authors and providers are solely responsible for the Third-Party Content they provide in connection with the Constantly Varied Gear's TTSL Programming Services. Constantly Varied Gear's TTSL Programming DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON ANY CONSTANTLY VARIED GEAR’S TTSL PROGRAMMING SERVICE; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY A THIRD-PARTY AS PART OF ANY THIRD-PARTY CONTENT. UNDER NO CIRCUMSTANCES WILL CONSTANTLY VARIED GEAR’S TTSL PROGRAMMING BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON THIRD-PARTY CONTENT POSTED ON CONSTANTLY VARIED GEAR’S TTSL PROGRAMMING SERVICES OR TRANSMITTED TO OR BY ANY THIRD-PARTY IN CONNECTION WITH CONSTANTLY VARIED GEAR’S TTSL PROGRAMMING SERVICES.

 

3.5.  App Providers

If you access any Constantly Varied Gear's TTSL Programming Service using an Apple iOS or other third party device, you acknowledge that each of those third party companies, such as Apple Inc. (each, “App Provider”), will not be responsible for any damages arising out of the failure of Constantly Varied Gear's TTSL Programming Service to operate as intended.

When accessing any Constantly Varied Gear's TTSL Programming Services by or through an App Provider, you acknowledge and agree that: (i) these Terms are concluded between you and Constantly Varied Gear's TTSL Programming, and not with the App Provider, and that we are solely responsible for any Constantly Varied Gear's TTSL Programming Services (such as mobile applications), and not the App Provider; (ii) the App Provider has no obligation to furnish any maintenance and support services with respect to any Constantly Varied Gear's TTSL Programming Services; (iii) in the event of any failure of Constantly Varied Gear's TTSL Programming Services to conform to any applicable warranty: (a) you may notify the App Provider and the App Provider will refund the purchase price for the Constantly Varied Gear's TTSL Programming Services to you (if applicable); (b) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to Constantly Varied Gear's TTSL Programming Services; and (c) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility; (iv) the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to any Constantly Varied Gear's TTSL Programming Services or your possession and use of Constantly Varied Gear's TTSL Programming Services, including without limitation: (d) product liability claims; (e) any claim that Constantly Varied Gear's TTSL Programming Service fails to conform to any applicable legal or regulatory requirement; and (f) claims arising under consumer protection or similar legislation; (v) in the event of any third party claim that Constantly Varied Gear's TTSL Programming Service or your possession and use of the same infringes that third party’s intellectual property rights, we will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms; (vi) the App Provider and its subsidiaries, are third party beneficiaries of these Terms as it relates to your license of Constantly Varied Gear's TTSL Programming Services, and that, upon your acceptance of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof; and (vii) you must also comply with all applicable third party terms of service when using Constantly Varied Gear's TTSL Programming Services. As also mentioned in these Terms, you represent and warrant that you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a terrorist supporting country, and that you are not listed on any U.S. government list of prohibited or restricted parties.

 

3.6. Disclaimer of Warranties.

YOU ACKNOWLEDGE AND AGREE CONSTANTLY VARIED GEAR’S TTSL PROGRAMMING SERVICES, INCLUDING WITHOUT LIMITATION, ANY PRODUCTS, GOODS, SERVICES, WEBSITES, APPLICATIONS, HEALTH, FITNESS, NUTRITION AND WELLNESS CONTENT AND ADVICE, OR ANY OTHER INFORMATION PROVIDED THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS, ERRORS AND OMISSIONS, AND WITHOUT ANY PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING CONSTANTLY VARIED GEAR’S TTSL PROGRAMMING SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, UPTIME, ACCESSIBILITY, AND WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE.  WE MAKE NO GUARANTEE OR WARRANTY THAT CONSTANTLY VARIED GEAR’S TTSL PROGRAMMING SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL BE UNINTERRUPTED OR ERROR-FREE. WE FURTHER MAKE NO GUARANTEE OR WARRANTY AS TO THE PARTICULAR HEALTH AND WELLNESS GOALS, RESULTS, BENEFITS OR OUTCOMES THAT MAY BE ACHIEVED OR OBTAINED THROUGH USE OF ANY CONSTANTLY VARIED GEAR’S TTSL PROGRAMMING SERVICES. YOU AGREE TO USE CONSTANTLY VARIED GEAR’S TTSL PROGRAMMING SERVICES AT YOUR SOLE RISK.

YOU WILL NOT HOLD CONSTANTLY VARIED GEAR’S TTSL PROGRAMMING, COACHES, OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF CONSTANTLY VARIED GEAR’S TTSL PROGRAMMING SERVICES, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA, AS CONSTANTLY VARIED GEAR’S TTSL PROGRAMMING SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.

YOU ACKNOWLEDGE THAT WE DO NOT CONTROL ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH OUR WEBSITES, INCLUDING WITHOUT LIMITATION, INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO US FROM THIRD PARTIES. CERTAIN WARRANTIES WITH RESPECT TO PARTICULAR PRODUCTS/SERVICES ACCESSED FOR SALE THROUGH OUR WEBSITES MAY BE AVAILABLE THROUGH MANUFACTURERS' WARRANTIES, THOUGH NOT THROUGH CONSTANTLY VARIED GEAR’S TTSL PROGRAMMING; PLEASE READ THE WARRANTIES INCLUDED IN THE DOCUMENTATION PROVIDED ALONG WITH THOSE PRODUCTS/SERVICES FOR FURTHER DETAILS. EXCEPT AS OTHERWISE AGREED IN WRITING, WE ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF THIRD-PARTY CONTENT, THIRD-PARTY SERVICES, OR THIRD-PARTY PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH OUR WEBSITES.

 

3.7. Mobile Networks; Texting.

When you access any Constantly Varied Gear's TTSL Programming Services through a mobile network, such as one of our mobile applications, or you sign up for our text message programs, your network or roaming provider’s messaging, data and other rates and fees may apply. Not all Constantly Varied Gear's TTSL Programming Services may work with your network provider or device.

When you sign up to receive text messages from us, you acknowledge and agree you will receive such text messages using an autodialer to the number you provide, and that your consent for us to send you text messages is not a condition of purchasing any Constantly Varied Gear's TTSL Programming Services. Not all carriers may be included within our text messaging programs. You are free to opt-out of receiving text messages from us at any time. Please see any additional instructions provided to you at the time you sign up.

 

  1. Your Content and Account.

 

4.1. User Generated Content.

Constantly Varied Gear's TTSL Programming Services may allow you and users of our websites to communicate, submit, upload or otherwise make available text, reviews, stories, images, photos, audio, video, media, chats, personally identifiable information (including health, wellness and nutritional data), feedback about our products and services, testimonials, success stories, or other content (“User Generated Content”). User Generated Content that you submit through your Constantly Varied Gear's TTSL Programming Account or any other Constantly Varied Gear's TTSL Programming Services will be stored, maintained and used by Constantly Varied Gear's TTSL Programming in accordance with our Privacy Policy. You acknowledge certain types of User Generated Content that you submit, such as chats, photos, reviews, and message board entries, may be accessed and viewed by the public.

You may not submit or upload User Generated Content that is illegal, infringing, false, defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, negative or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law, as determined by Constantly Varied Gear's TTSL Programming in its sole and absolute discretion. We have the right, but not the obligation, to monitor, screen, post, remove, modify, store and review User Generated Content or communications you submit, at any time and for any or no reason, including to ensure that the User Generated Content or communication conforms to these Terms, without prior notice to you.  

You represent and warrant that your User Generated Content conforms to these Terms and that you own or have the necessary rights and permissions, without the need for payment to or consent from any other person or entity, to use and exploit, and you fully and unconditionally authorize us to use and exploit, your User Generated Content in all manners and mediums (including commercial use) desired by Constantly Varied Gear's TTSL Programming, including as contemplated by these Terms.  You agree to indemnify and hold us and our coaches, employees, customer support representatives, officers, and directors harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content.  You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights. You waive any right to injunction or other equitable relief in connection with Constantly Varied Gear's TTSL Programming’s use or exploitation of User Generated Content.

We will not be responsible or liable to any third party for any User Generated Content. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by other users of Constantly Varied Gear's TTSL Programming Services, or any authors, experts, celebrity trainers or otherwise. User Generated Content shall not state or reflect the attitudes and opinions of Constantly Varied Gear's TTSL Programming, and any views and opinions expressed on our websites shall not be attributed to or otherwise endorsed by Constantly Varied Gear's TTSL Programming.

 

4.2. License to Your User Generated Content.

We do not claim ownership to your User Generated Content; however, you grant us a perpetual, fully paid-up, non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works of, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in any and all media and channels now known or hereafter devised (including in connection with the Constantly Varied Gear's TTSL Programming Services and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity. This includes without limitation our use of your User Generated Content in connection with any advertising, product packaging, printed publications, presentations, promotional materials, events and associated marketing materials, television and digital commercials, videos, social media websites, applications, or on our websites or in any other commercial manner. We are not, however, obligated to use your User Generated Content.

To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a limited, non-transferable, non-exclusive license to create a derivative work using our copyrighted works as required for the sole purpose of creating the materials, provided that such license shall be conditioned upon your assignment to us of all rights in the work you create.  If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.

 

4.3. Public Forums.

Certain Constantly Varied Gear's TTSL Programming Services include public forums, which include without limitation, discussion forums, message boards, blogs, chat rooms or instant messaging features. You acknowledge these public forums are for public and not private communications. You further acknowledge that any User Generated Content you upload, submit, post, transmit, communicate, share or exchange by means of any public forum may be viewed on the Internet by the general public, and therefore, you have no expectation of privacy with regard to any such submission or posting. You are, and shall remain, solely responsible for the User Generated Content you upload, submit, post, transmit, communicate, share or exchange by means of any public forum and for the consequences of submitting or posting the same. You acknowledge and agree Constantly Varied Gear's TTSL Programming is not responsible for any content posted on public forums by any third parties, including without limitation any content which you may find illegal, infringing, false, defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, negative, offensive or harmful.

 

4.4. User Conduct.

You must only use Constantly Varied Gear's TTSL Programming Services for lawful purposes and in compliance with any applicable Codes of Conduct, and you must not use them in a way that is illegal or harmful, or infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of any Constantly Varied Gear's TTSL Programming Services. In using any Constantly Varied Gear's TTSL Programming Services, and in particular, our websites, you expressly acknowledge you are prohibited from, and agree that you will not without our prior express written consent:

  • copy, reproduce, or improperly use, post or access any content on Constantly Varied Gear's TTSL Programming Services;
  • modify, distribute, or re-post any content on Constantly Varied Gear's TTSL Programming Services for any purpose;
  • use the content on Constantly Varied Gear's TTSL Programming Services for any commercial exploitation whatsoever;
  • disrupt or interfere with the security of, or otherwise abuse, the Constantly Varied Gear's TTSL Programming Services, or any services, system resources, accounts, servers, or networks connected to or accessible through the Constantly Varied Gear's TTSL Programming Services or affiliated or linked sites;
  • access content, data or portions of Constantly Varied Gear's TTSL Programming Services which are not intended for you, or log onto a server or account that you are not authorized to access;
  • attempt to probe, scan, or test the vulnerability of Constantly Varied Gear's TTSL Programming Services, including websites, applications, or any associated system or network, or breach security or authentication measures without proper authorization;
  • access any Constantly Varied Gear's TTSL Programming Services or our websites through any automated means, such as “robots,” “spiders,” or “offline readers”;
  • interfere or attempt to interfere with the use of Constantly Varied Gear's TTSL Programming Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing";
  • use any data mining, “scraping”, web crawling, robots, or similar data gathering and extraction methods on Constantly Varied Gear's TTSL Programming Services;
  • harass, “stalk”, disrupt or interfere with any other user's enjoyment of Constantly Varied Gear's TTSL Programming Services or affiliated or linked sites;
  • upload, post, or otherwise transmit through or on Constantly Varied Gear's TTSL Programming Services any viruses or other harmful, disruptive, or destructive files;
  • use, frame, or utilize framing techniques to enclose any Constantly Varied Gear's TTSL Programming trademark, logo, or other proprietary information (including the images found at our websites, the content of any text, or the layout/design of any page or form contained on a page) without Constantly Varied Gear's TTSL Programming's express written consent;
  • use meta tags or any other "hidden text" utilizing a Constantly Varied Gear's TTSL Programming name, trademark, or product name without Constantly Varied Gear's TTSL Programming's express written consent;
  • deeplink to Constantly Varied Gear's TTSL Programming Services, including our websites without Constantly Varied Gear's TTSL Programming's express written consent;
  • create or use a false identity on Constantly Varied Gear's TTSL Programming Services, share your account information, use another individual’s account information, or allow any person besides yourself to use your account to access Constantly Varied Gear's TTSL Programming Services;
  • harvest or otherwise collect information about Constantly Varied Gear's TTSL Programming users, including email addresses and phone numbers;
  • download, “rip,” or otherwise attempt to obtain unauthorized access to any Constantly Varied Gear's TTSL Programming Services, content or other materials;
  • post any copyrighted material unless the copyright is owned by you; and/or
  • engage in any behavior or conduct that is illegal, infringing, false, defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, negative or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law, as determined by Constantly Varied Gear's TTSL Programming in its sole and absolute discretion.

4.5. Your Account; Passwords.

Certain Constantly Varied Gear's TTSL Programming Services permit or require you to create an account to enjoy additional services and benefits that we provide. You agree to provide and maintain accurate, current and complete information for your accounts, including as applicable, your name, contact, and payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, image, photo or likeness, or if applicable, provide false details for a parent or guardian.  You agree that we may take steps to verify the accuracy of information you provide.

We have adopted and implemented a policy that provides for the suspension or termination, in appropriate circumstances and in our sole and absolute discretion, of the accounts of users who violate these Terms, are repeat infringers of copyright, or engage in, encourage or advocate for offensive, abusive, or illegal conduct.

You are responsible for maintaining the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You may not share your password or other login information with any person; any use of your account by any person other than yourself is grounds for suspension or termination of your account. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or Constantly Varied Gear's TTSL Programming Services. You agree not to use the account, username or password of any other account holder at any time. Constantly Varied Gear's TTSL Programming will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge.

 

4.6.  Member Public Profiles.

When you create an account with us, you may be asked to provide certain personal information, such as your name and e-mail address. Some of this information may be publicly viewable by others, such as other Constantly Varied Gear's TTSL Programming members or account holders.

Constantly Varied Gear's TTSL Programming relies on its members to provide current and accurate information, and we do not, and cannot, investigate information contained in member public profiles. Constantly Varied Gear's TTSL Programming does not represent, warrant or guarantee the accuracy of public profile information, and hereby disclaims all responsibility or liability for any information provided by members by means of public profiles or otherwise.

You are solely responsible for your interactions with other members. You acknowledge and agree that Constantly Varied Gear's TTSL Programming does not (i) screen its members; (ii) inquire into the backgrounds of its members; or (iii) review or verify the statements of its members, including without limitation, information or representations contained in public profiles. Constantly Varied Gear's TTSL Programming does not warrant, endorse or guarantee the conduct of its members or their compatibility with you, and you agree to exercise all precautions in your interactions with other members. Like all open forums on the Internet or social media, you should always be careful about what you share in a public forum, and in particular, you should never share your password, social security number or any other personal information.

 

  1. Constantly Varied Gear's TTSL Programming’s Products/Services; Websites; Orders.

 

5.1. Product and Service Descriptions, Price and Other Information.

We have taken reasonable precautions to ensure that all product descriptions, prices and other information shown on our websites are correct and fairly described. However, when ordering products or services through our websites, please note that:

  • Constantly Varied Gear's TTSL Programming reserves the right to not accept any orders if there is a material error in the description of the product or service, or if the price advertised is incorrect;
  • Constantly Varied Gear's TTSL Programming reserves the right to refuse or discontinue the supply of any product or service to any customer, or change, suspend or discontinue any aspect of our websites at any time in our sole and absolute discretion;
  • all prices are displayed in United States Dollars;
  • packaging and contents may vary from that shown on our websites;
  • any weights, dimensions, and capacities shown on our websites are approximate only;
  • when you place an order, we estimate the tax applicable to your order and include that estimate in the total for your convenience (the final tax amount will be based on the then-current rate as established by the applicable taxing authority, charged to your payment method, and reflected in the order confirmation and package invoice we provide to you); and
  • all items are subject to availability and we will inform you as soon as reasonably possible if any product or service you ordered is not available and whether we may offer you an alternative of equal or higher quality and value.
  •     

Please also note that we may be required to change the terms of any products, goods or services that we offer and/or you purchase. This includes without limitation changes to prices, taxes, shipping and handling amounts, specifications, delivery times, and/or package contents. We will provide you with prior notice of any changes, by posting a notice on our websites, sending an e-mail to you at the address you provided at the time of purchase, or by including a notice in any products you receive on an automatic recurring or subscription basis. Constantly Varied Gear's TTSL Programming will not incur any obligation as a result of such change. As a valued customer, you are always free to cancel future orders at any time by contacting our friendly Customer Service at support@constantlyvariedgear.com By continuing to accept products, goods and/or services after we have notified you of a change to any terms, you will be deemed to have accepted the change.

 

5.2. Order Processing.

We reserve the right to refuse or cancel any order prior to delivery. Some situations that may result in your order being canceled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. We also may require additional verification or information before accepting an order.  We will contact you if any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after we have processed your payment but prior to delivery, we will of course refund your payment.

All purchases are subject to applicable shipping and handling, and sales and/or other taxes, which will be applied to your order total. For non-shippable goods, sales and/or other taxes will be calculated based on the billing address provided. For shippable goods, sales and/or other taxes will be calculated based on the shipping address provided. For orders that consist of both shippable and non-shippable goods, sales and/or other taxes will be calculated based on the shipping address provided.

 

5.3.  Taxes.

For purchases where sales or transaction tax is applicable you will see the tax calculated on the checkout page before you are asked to confirm the purchase. Tax shown at checkout is an estimate and the actual tax collected may differ once we process the order. We use commercially reasonable efforts to calculate and remit the correct amount of tax required on each taxable purchase, but we do not guarantee the accuracy of the amount of the tax represented as owed. Minor errors may occur owing to the inability to accurately track multiple taxing districts, state and local “tax holidays,” and timing of rate changes or the application of certain taxes to categories of items we sell. As a result of any error, we may overcollect or undercollect your tax. In consideration of our allowing you access to the use of the Constantly Varied Gear's TTSL Programming Services, and in collecting and remitting taxes required on your purchases, you hereby waive your right to claim that the tax collected on any purchase is incorrect in any respect and you agree to hold us, our officers, directors, employees, agents and representatives, harmless from and against any claim, action, demand, loss, suit, or damages (including attorneys' fees) made or incurred as a result of our error in calculating the taxes you owe for your purchases.

 

 

 

5.4. Your Personal and Payment Information.

When you provide any information to us for any reason, such as to sign up for an offer, use our mobile applications, or purchase Constantly Varied Gear's TTSL Programming Services, you agree to only provide true, accurate, current, and complete information. By providing any credit card or other payment method information to us, you represent that such payment information is correct, and belongs to you or you have the authority to use such payment method. In the case of e-mail, you must provide an accurate e-mail address that is registered to you. You are responsible for promptly updating your information with any changes, especially to keep your billing information current. You must promptly notify us if your payment method is canceled (for example, for loss or theft). Changes to such information can be made by contacting Customer Service at support@constantlyvariedgear.com. To help keep your account current and prevent service interruption, you acknowledge Constantly Varied Gear's TTSL Programming may update your payment method on file when it is set to expire or based on updates it receives from the bank that issues your payment method. You agree that your placement of an electronic order on our websites is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required. 

 

5.5. IMPORTANT AUTOMATIC RENEWAL AND SUBSCRIPTION-BASED PRODUCTS.

We offer certain products and services on an automatic or subscription basis, so you can enjoy all the benefits of our products or services on a continuous basis. If you choose this option at the time of your purchase, you agree such products/services will automatically renew at the frequency disclosed to you at the time of your initial purchase (i.e., monthly, quarterly or annual basis, etc.). By choosing the automatic subscription option, you acknowledge and agree your subscription will automatically renew, and unless and until you cancel, you authorize us to charge your payment method for the products/services you continue to purchase, plus applicable shipping and handling, and taxes. If you purchased a subscription with a free trial period, you authorize us to charge your payment method when the free trial period ends, unless you cancel your subscription before the free trial period ends, and you will not receive a notice from us that your free trial period has ended. The charges will typically occur on or around the same day of the month as your initial purchase, although some charges may be delayed for business or legal reasons. Physical products will be delivered to the address you provided during your initial purchase. Certain subscription services, such as Constantly Varied Gear's TTSL Programming and Ebooks are not physical products, and thus, are not shippable. Your automatic subscription will continue until you or Constantly Varied Gear's TTSL Programming cancels your order. If there are any changes to your subscription terms, such as pricing, frequency, date of charge or any other items, we will take commercially reasonable efforts to inform you in writing of such change. Any modifications or cancellation of your subscription must be received by us at least three (3) days prior to the next scheduled payment/ship date in order to take effect for that period. You will be charged the prorated amount of the subscription service used to date.

 

  1. We Want To Keep You Safe! Important Notice About Our Fitness and Nutrition Content, And Constantly Varied Gear's TTSL Programming Coaches.

 

6.1. Constantly Varied Gear's TTSL Programming Services Do Not Constitute Medical Advice or Other Professional Healthcare Advice. Although Constantly Varied Gear's TTSL Programming provides its products and services with your health and safety in mind, each individual has their own limitations and it is therefore critical that you consult your physician or other licensed healthcare provider for necessary medical or appropriate care, follow all safety and other instructions provided by Constantly Varied Gear's TTSL Programming, and obtain appropriate authorization before accessing or using any Constantly Varied Gear's TTSL Programming Services, especially if you are prone to injuries, are pregnant or nursing, are under 18 years of age, or have any other unique or special medical conditions. ALL CONSTANTLY VARIED GEAR’S TTSL PROGRAMMING SERVICES ARE PROVIDED FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES ONLY, AND ARE NOT INTENDED TO DIAGNOSE ANY MEDICAL OR HEALTHCARE CONDITION, REPLACE THE ADVICE OF A LICENSED HEALTHCARE PROFESSIONAL, OR PROVIDE ANY MEDICAL ADVICE, OPINION, DIAGNOSIS, TREATMENT OR GUARANTEE. The information made available on or through Constantly Varied Gear's TTSL Programming Services should not be relied upon when making medical or other important healthcare decisions. CONSTANTLY VARIED GEAR’S TTSL PROGRAMMING DOES NOT PROVIDE CLINICAL SERVICES. ANY CONSTANTLY VARIED GEAR’S TTSL PROGRAMMING COACHES IN ANY CONSTANTLY VARIED GEAR’S TTSL PROGRAMMING PRODUCTS OR SERVICES ARE NOT FUNCTIONING IN ANY CLINICAL OR LICENSED MEDICAL OR PSYCHOLOGICAL CAPACITY; SUCH INDIVIDUALS ARE SOLELY PROVIDING INFORMATIONAL AND EDUCATIONAL SELF-HELP RESOURCES. THUS, IT IS EXTREMELY IMPORTANT THAT YOU CONSULT YOUR PHYSICIAN OR LICENSED HEALTHCARE PROVIDER – AND NOT CONSTANTLY VARIED GEAR’S TTSL PROGRAMMING OR COACHES – IN CONNECTION WITH YOUR MEDICAL OR HEALTH CONDITION. YOUR USE OF ANY CONSTANTLY VARIED GEAR’S TTSL PROGRAMMING SERVICES DOES NOT CREATE A DOCTOR-PATIENT, PROFESSIONAL-CLIENT, OR SIMILAR RELATIONSHIP BETWEEN YOU AND CONSTANTLY VARIED GEAR’S TTSL PROGRAMMING OR YOU AND ANY PERSON CERTIFIED THROUGH CONSTANTLY VARIED GEAR’S TTSL PROGRAMMING.

Any individual results using Constantly Varied Gear's TTSL Programming Services may vary. Exercise and proper diet are necessary to achieve and maintain weight loss and muscle definition. The testimonials featured on our websites may have used more than one Constantly Varied Gear's TTSL Programming product, nutrition program and/or supplements, or extended the program to achieve their successful results.

 

6.2. Nutrition Information. Certain Constantly Varied Gear's TTSL Programming Services, such as nutrition plans provided with our fitness programs and online nutrition database, and access to live chats with our nutrition team, provide nutrition, food, caloric and other related information designed to help our customers eat healthy to help them reach their health and wellness goals. While any nutrition information we may provide is designed to safely align with our related exercise regimens, you must consult your physician or other licensed healthcare provider (AND NOT CONSTANTLY VARIED GEAR’S TTSL PROGRAMMING OR ANY CONSTANTLY VARIED GEAR’S TTSL PROGRAMMING COACH) before beginning any nutrition plan or altering any dietary regimen, especially if you have any unique or special medical needs or conditions, such as food allergies, dietary restrictions or if you are pregnant or breastfeeding. Constantly Varied Gear's TTSL Programming Services are not a substitute for professional care. If you have or suspect you may have a medical or psychological problem, or a nutritional deficiency or dietetic condition, you should consult your medical doctor, psychologist or nutritionist, as appropriate.

 

6.3. Metrics, Values and Figures Are Estimates Only. Please remember that any metrics, values and figures presented or displayed on or within Constantly Varied Gear's TTSL Programming Services are estimates only and may be inaccurate. This includes without limitation nutritional values, such as calorie, fat, protein, fiber, and other related values, and equipment-related values, such as heart rate, cadence, resistance and any other related values. You must only use such metrics, values and figures for general reference only and always consult your physician or other licensed healthcare provider for necessary or appropriate care and advice.

 

6.4. Safety Warnings. Constantly Varied Gear's TTSL Programming provides safety warnings, along with care and use instructions for certain exercises, equipment, products and services. You must always carefully read and follow all such warnings and instructions prior to beginning any exercise, or use of any equipment, products or services. Failure to read and follow any applicable warnings and instructions could result in serious injury and/or death to you and others. 

 

6.5. Age Restrictions. You must always adhere to any minimum age restrictions and limitations related to any Constantly Varied Gear's TTSL Programming Services, including without limitation, equipment.

 

6.6. Assumption of Risk. You expressly acknowledge and agree that your access, use and/or involvement with any Constantly Varied Gear's TTSL Programming Services (including without limitation, exercise, nutritional, and equipment/products), or Constantly Varied Gear's TTSL Programming Coaches, may involve potentially dangerous and physical activities that may lead to personal and/or bodily injury, death, temporary or permanent disability, loss of services, loss of consortium, or damage to or loss of property or privacy. You hereby acknowledge and willingly accept these risks and agree to unconditionally release and hold Constantly Varied Gear's TTSL Programming and it’s Coaches harmless from and against all claims, suits, damages, losses, causes of action, costs, expenses or liability arising out of or related to your access, use and/or involvement with any Constantly Varied Gear's TTSL Programming Services.

 

  1. Piracy.

Counterfeit products hurt us all. While it causes immeasurable harm on a global basis—such as funding terrorism and organized crime, causing identity theft, and contributing to lost business and jobs—it also significantly harms companies, governments, and consumers. Constantly Varied Gear's TTSL Programming is a victim of this problem and suffers from the illegal stealing, manufacturing, importing and selling of counterfeit Constantly Varied Gear's TTSL Programming products. Although we are waging the war against counterfeit products, we need your help! If you ever learn of any counterfeit activity, please let us know by sending an email to support@constantlyvariedgear.com.

 

 

  1. DISPUTES, BINDING INDIVIDUAL ARBITRATION, AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS.

 

8.1. Disputes.  The terms of this Section shall apply to all Disputes between you and Constantly Varied Gear's TTSL Programming.  For the purposes of this Section, “Dispute” shall mean any dispute, claim, or action between you and Constantly Varied Gear's TTSL Programming arising under or relating to any Constantly Varied Gear's TTSL Programming Services, Constantly Varied Gear's TTSL Programming’s websites, these Terms, or any other transaction involving you and Constantly Varied Gear's TTSL Programming, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law.  YOU AND CONSTANTLY VARIED GEAR'S TTSL PROGRAMMING AGREE THAT “DISPUTE” AS DEFINED IN THESE TERMS SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR CONSTANTLY VARIED GEAR'S TTSL PROGRAMMING FOR (i) TRADE SECRET MISAPPROPRIATION, (ii) PATENT INFRINGEMENT, (iii) COPYRIGHT INFRINGEMENT OR MISUSE, AND (iv) TRADEMARK INFRINGEMENT OR DILUTION. Moreover, notwithstanding anything else in these Terms, you agree that a court, not the arbitrator, shall decide if a claim falls within one of these four exceptions.

 

8.2. Binding Arbitration.  You and Constantly Varied Gear's TTSL Programming further agree: (i) to arbitrate all Disputes between the parties pursuant to the provisions in these Terms; (ii) these Terms memorialize a transaction in interstate commerce; (iii) the Federal Arbitration Act (9 U.S.C. §1, et seq.) in the U.S. or applicable provincial or territorial Arbitration Act in Canada governs the interpretation and enforcement of this Section; and (iv) this Section shall survive termination of these Terms.  ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED.  The arbitrator may award you the same damages and relief as a court sitting in proper jurisdiction could, and may award declaratory or injunctive relief. In addition, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The decision of the arbitrator shall be final and enforceable by any court with jurisdiction over the parties.

 

8.3. Dispute Notice. In the event of a Dispute, you or Constantly Varied Gear's TTSL Programming must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to Constantly Varied Gear's TTSL Programming must be addressed to: Constantly Varied Gear's TTSL Programming, 127 West Rodney French Blvd, New Bedford, MA 02719, Attn.: Chief Legal Officer. The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you. If Constantly Varied Gear's TTSL Programming and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or Constantly Varied Gear's TTSL Programming may commence an arbitration proceeding pursuant to this Section.  Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.

 

8.4. WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS.  YOU AND CONSTANTLY VARIED GEAR'S TTSL PROGRAMMING AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL, STATE OR PROVINCIAL CLASS ACTIONS, OR CLASS ARBITRATIONS.  ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AND  CONSTANTLY VARIED GEAR'S TTSL PROGRAMMING AGREE THAT NO DISPUTE SHALL PROCEED BY WAY OF CLASS ARBITRATION WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES.

 

8.5. Arbitration Procedures: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in this Agreement, the rules set forth in this Agreement will govern.

The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com/ or 1-800-352-5267. To initiate arbitration, you or Constantly Varied Gear’s TTSL Programming  must do the following:

  • Write a demand for Arbitration. The demand must include a description of the claim and the amount of damages sought to be recovered. You can find a copy of a "Demand for Arbitration" at www.jamsadr.com;

  • Send three copies of the "Demand for Arbitration", plus the appropriate filing fee to your local JAMS office or to JAMS, 1 Beacon Street Suite #2210, Boston, MA 02108; and

  • Send one copy of the "Demand for Arbitration" to the other party.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. Each party will bear their own costs of arbitration. Arbitration shall be held in the United States in Boston, Massachusetts under Massachusetts law without regard to its conflict of laws provisions. If traveling to Boston, Massachusetts is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

 

8.9. Hearing Format.  In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. During the arbitration, the amount of any settlement offer made by Constantly Varied Gear's TTSL Programming or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Constantly Varied Gear's TTSL Programming is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.

 

8.10. Severability.  If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of these Terms remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void.  The terms of this Section shall otherwise survive any termination of these Terms.

 

 

  1. Indemnification; Limitation of Liability.

 

9.1. Indemnification. You agree to indemnify and hold Constantly Varied Gear's TTSL Programming, its coaches, officers, directors, employees, agents, and suppliers harmless from and against any claim, action, demand, loss, suit, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your improper use of any Constantly Varied Gear's TTSL Programming Services, your violation of these Terms, or your violation of any rights of a third party.

 

9.2. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CONSTANTLY VARIED GEAR’S TTSL PROGRAMMING, AFFILIATES OR COACHES, OR ANY OF THEIR SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY AND/OR IF WE WERE ADVISED OF SUCH DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO CONSTANTLY VARIED GEAR’S TTSL PROGRAMMING OR ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ANY CONSTANTLY VARIED GEAR’S TTSL PROGRAMMING SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF CONSTANTLY VARIED GEAR’S TTSL PROGRAMMING AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST NINETY (90) DAYS TO CONSTANTLY VARIED GEAR’S TTSL PROGRAMMING FOR ANY CONSTANTLY VARIED GEAR’S TTSL PROGRAMMING SERVICES. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN CONSTANTLY VARIED GEAR’S TTSL PROGRAMMING AND YOU. THE CONSTANTLY VARIED GEAR’S TTSL PROGRAMMING SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. CONSTANTLY VARIED GEAR’S TTSL PROGRAMMING WILL NOT BE LIABLE FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CIRCUMSTANCE BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, NATURAL DISASTER, CIVIL UNREST OR WAR.

 

  1. Miscellaneous.

 

10.1 Governing Law. For U.S. residents, you agree that the laws of the State of Massachusetts, without regard to principles of conflict of laws, will exclusively govern these Terms and Conditions and any Dispute between you and Constantly Varied Gear's TTSL Programming.  For U.S. residents, as the Constantly Varied Gear's TTSL Programming Services are controlled by Constantly Varied Gear's TTSL Programming from Massachusetts, Massachusetts law will apply regardless of your residence or the location where you use Constantly Varied Gear's TTSL Programming Services.  

 

10.3. International Users. Our websites are controlled, operated, and administered by Constantly Varied Gear's TTSL Programming from its offices within the United States of America. Constantly Varied Gear's TTSL Programming makes no representation or warranty that the materials contained within the Constantly Varied Gear's TTSL Programming Services are appropriate or available for use at locations outside of the United States, and access to them from territories where the contents or products available through Constantly Varied Gear's TTSL Programming Services are illegal is prohibited. You may not use Constantly Varied Gear's TTSL Programming Services or export Constantly Varied Gear's TTSL Programming Services in violation of U.S. export laws and regulations. If you access Constantly Varied Gear's TTSL Programming Services from a location outside of the United States, you are responsible for compliance with any and all local laws, rules, regulations and ordinances.

 

10.4. Notices. All notices required or permitted to be given under these Terms must be in writing. Constantly Varied Gear's TTSL Programming may provide you notice by sending you an e-mail to the address on file with us, which you agree electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR E-MAIL ADDRESS ON FILE WITH CONSTANTLY VARIED GEAR’S TTSL PROGRAMMING IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY CONSTANTLY VARIED GEAR’S TTSL PROGRAMMING OF AN EMAIL TO THAT ADDRESS. You shall give any notice to Constantly Varied Gear's TTSL Programming by means of U.S. mail, postage prepaid, to Constantly Varied Gear's TTSL Programming, 127 West Rodney French Blvd, New Bedford, MA 02719., Attn: Legal Department. Such notice to Constantly Varied Gear's TTSL Programming shall be effective upon receipt of notice by Constantly Varied Gear's TTSL Programming.

 

10.5. Severability. If any provision of these Terms (except for Section 8), or a part thereof, shall be unlawful, void or for any reason unenforceable, then that provision or part thereof shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions or parts thereof.

 

10.6. Suspension; Termination. Notwithstanding anything to the contrary in these Terms, Constantly Varied Gear's TTSL Programming may, in its sole and absolute discretion, suspend, disable, block, or terminate your access and use of any Constantly Varied Gear's TTSL Programming Services (including without limitation, deleting your account(s) or any part thereof), or block, remove or delete any User Generated Content that you submitted, for any lawful reason, including if Constantly Varied Gear's TTSL Programming determines in its discretion that you violated these Terms (such as and including by way of example, to the extent your conduct or User Generated Content violates these Terms or could damage Constantly Varied Gear's TTSL Programming’s reputation or goodwill). If Constantly Varied Gear's TTSL Programming suspends, disables, blocks, terminates or deletes your account, you may not re-register for or use the Constantly Varied Gear's TTSL Programming Services under any other login or profile. Constantly Varied Gear's TTSL Programming may block your access to the Constantly Varied Gear's TTSL Programming Services to prevent re-⁠registration. You agree that Constantly Varied Gear's TTSL Programming will not be liable for any interruption or termination of your access and/or use of the Constantly Varied Gear's TTSL Programming Services.

 

10.7. No Third Party Beneficiaries. Except as set forth in these Terms, only you and Constantly Varied Gear's TTSL Programming may enforce these Terms; no third party shall be entitled to enforce these Terms.

 

10.8. Survival. The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination.

 

10.9. Waiver. No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing signed by the Chief Executive Officer of Constantly Varied Gear's TTSL Programming in order to be effective.

 

10.10. Assignment. Constantly Varied Gear's TTSL Programming may assign these Terms to any person or entity at any time, for any reason, with or without notice to you.

 

10.11. Amendments; Entire Agreement. These Terms may not be amended unless in a signed writing by the Chief Executive Officer of Constantly Varied Gear's TTSL Programming. These Terms constitute the final, exclusive and complete agreement between you and Constantly Varied Gear's TTSL Programming regarding the subject matter hereof and supersede all agreements, communications and course of dealings between you and Constantly Varied Gear's TTSL Programming.

 

 

 

 

  1. BUYER’S RIGHT TO CANCEL

 

You may cancel this contract from the day you enter into the contract until 10 days after you receive a copy of the contract. You do not need a reason to cancel.

If you cancel this contract, the seller has 15 business days to refund your money.

To cancel, you must give notice of cancellation to support@constantlyvariedgear.com. You must give notice of cancellation by a method that will allow you to prove that you gave notice, including registered mail, fax or by personal delivery.