END USER LICENSE AGREEMENT
Tai Erasmus Inc trading as Tai Erasmus Inc. ("Tai Erasmus Inc), provides the T'ai's Fit2Win website and T'ai's Fit2Win iPhone application (the "Service"). By providing your email address and creating an account as a user of the Service (a "User"), or by otherwise using the Tai Erasmus Inc website, you agree to comply with and be bound by the following terms and conditions (this "Agreement"), which we may change at any time by posting notice on the Tai Erasmus Inc website. PLEASE READ THIS AGREEMENT CAREFULLY, AND PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. If you do not agree to these terms and conditions, please do not use the Service.
You acknowledge and agree that if Tai Erasmus Inc disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you provide to Tai Erasmus Inc will always be accurate, correct and up to date.
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Tai Erasmus Inc, unless you have been specifically allowed to do so in a separate agreement with Tai Erasmus Inc. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to Tai Erasmus Inc for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Tai Erasmus Inc immediately at TaiErasmusAssist@gmail.com
You understand and agree that all information contained within the Services and all data and information compiled by Tai Erasmus Inc associated with the Services (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services is considered content of Tai Erasmus Inc. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this content (either in whole or in part) unless you have been specifically authorized to do so by Tai Erasmus Inc in a separate agreement.
You acknowledge and agree that Tai Erasmus Inc owns all legal right, title and interest in and to the Tai Erasmus Inc content and the Services, including any intellectual property rights which subsist in the content and the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
Unless you have agreed otherwise in writing with Tai Erasmus Inc, nothing in these Terms of Service gives you the right to use any of Tai Erasmus Inc’s trade names, trademarks, service marks, logos, domain names, trade dress and other distinctive brand features.
You understand that Tai Erasmus Inc in performing the required technical steps to provide the Services to our users, may: (i) transmit or distribute your content over various public networks and in various media, and (ii) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Tai Erasmus Inc to take such actions. You confirm to Tai Erasmus Inc that you have all the rights, power and authority to grant the above license.
Without limitation of the foregoing, Tai Erasmus Inc and Tai Erasmus Inc Affiliates make no representations or warranties of any kind regarding the Service, the Site Content or the User Content. The Service, Site Content and User Content are provided in "AS IS" condition, and Tai Erasmus Inc and Tai Erasmus Inc Affiliates EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; THAT THE SERVICE, THE SITE CONTENT AND USER CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICE, THE SITE CONTENT AND USER CONTENT, AND AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE OR THE SITE CONTENT.
No advice or information, whether oral or written, obtained by you from Tai Erasmus Inc, any of Tai Erasmus Inc Affiliates or through the Service, Site Content or User Content will create any warranty not expressly stated herein.
YOU USE THE WEBSITE, THE SITE CONTENT AND USER CONTENT AT YOUR OWN RISK, AND NEITHER Tai Erasmus Inc NOR Tai Erasmus Inc AFFILIATES WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO ANY OF THEIR OPERATION, USE OR OTHER EXPLOITATION.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM Tai Erasmus Inc OR Tai Erasmus Inc AFFILIATES ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE WEBSITE, SITE CONTENT OR USER CONTENT, EVEN IF Tai Erasmus Inc OR Tai Erasmus Inc AFFILIATES HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
ACCOUNT TERMS AND CONDITIONS
• This Service is not directed at users under the age of 18. If you are under the age of 18, you are not permitted to register as a User or use the Service.
• You must provide a valid email address and any other information needed in order to complete the signup process.
• You may not use the service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of your country.
• A breach or violation of any of the Account Terms as determined in the sole discretion of Tai Erasmus Inc will result in an immediate termination of your services.
• We assume members of Tai Erasmus Inc will act responsibly and use the tools provided by Tai Erasmus Inc in a law-abiding manner. If Tai Erasmus Inc determines that any member is not using the system responsibly, we can and will censor, edit or block their transmissions or use of Tai Erasmus Inc.
GENERAL TERMS AND CONDITIONS
• Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
• Tai Erasmus Inc does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
• You expressly understand and agree that Tai Erasmus Inc shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
• You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Tai Erasmus Inc.
• Verbal or written abuse of any kind (including threats of abuse or retribution) of any Tai Erasmus Inc customer, Tai Erasmus Inc employee, member, or officer will result in immediate account termination.
The creators of this web site are not responsible for any unwanted consequences associated with the use of this web site. Tai Erasmus Inc is intended for informational purpose only and as such does not subject to liability. For all information regarding the correct use of the recommended values and ways of weight loss that are contained in this web site, please consult your physician.
Tai Erasmus Inc has been developed to help users track their health and fitness progress, achieve their diet and weight goals and lead a healthy lifestyle. All information found on this web site are for educational purposes only and we do not recommend our users to begin any diet or fitness program, before consulting a physician or a nutritional expert. The authors of this web site, and all its content, cannot guarantee any exercise, health, weight loss or fitness results or improvements to the users of Tai Erasmus Inc. Tai Erasmus Inc IS NOT A MEDICAL ORGANIZATION. Neither our trainers nor our other staff can provide you with medical advice or diagnosis. Nothing that you may read on this site or that is otherwise provided to you by our Support Team should be construed as such advice or diagnosis. Such information is not a substitute for physician consultation, evaluation, or treatment. This site is intended for use only by healthy adult individuals.
Tai Erasmus Inc is not responsible for any health problems that may result from training programs, products, or events you learn about through Tai Erasmus Inc. If you engage in any diet or exercise program you receive through Tai Erasmus Inc, you agree that you do so at your own risk, and are voluntarily participating in these activities.
You are advised that health, diet and fitness advice is often subject to change due to medical research and developments. No assurance can be given that the Service will reflect the most recent findings or developments with respect to the particular material. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition.
Questions about the Terms of Service should be sent to TaiErasmusAssist@gmail.com.