PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. These Terms and Conditions (the “Terms”) govern your access or use of the thatnicolefiore.com website (the “Website”), the membership, and any other applications, websites, content, products, and services (collectively, the “Service”) made available by TNFiore LLC, or its representatives, affiliates, officers, or directors (collectively, “TNFiore,” “we,” “us,” or “our”). By using or accessing the Service, you agree to these Terms. If you do not agree to these Terms, please do not use the Service or use TNFiore’s products or services, and, if applicable, cancel your registered user account or subscription with us.

Terms & Conditions – In General

For purposes of these Terms, “affiliates” shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with, TNFiore LLC, including, without limitation, its subsidiaries.

By using the Service, you agree to be legally bound and to abide by these Terms, just as if you had signed this agreement. If you do not comply with these Terms at any time, we reserve the right, if applicable, to terminate your password, user account, and/or access to the Service (or any part thereof). In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Service, including, but not limited to, (i) restricting the time the Website is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use the Service. You agree that any termination or cancellation of your access to, or use of, the Service may be effected without prior notice. If you do not abide by the provisions of these Terms, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to such information and/or files, or our Website. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Service.

From time to time, we may supplement these Terms with additional terms and conditions pertaining to specific content, activities or events (“Additional Terms”). Such Additional Terms may be placed on the Website to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms.

Restrictions on Use of Materials

Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display the Service and the material provided therein for your personal, noncommercial use, provided that you comply fully with the provisions of these Terms. You acknowledge that the Service contains information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, choreography, recipes, notes, drawings, articles and other materials (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on this Website are trademarks of their respective owners. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on the Service. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.

ThatNicoleFiore, TNFiore LLC, whostaylor, Taylor Fiore, and Nicole Fiore reserves the rights to their content and rights to leverage content hash tagged as  #ThatNicoleFiore, #tnfiore, and #quadsociety content in marketing materials and communication.

Copyright

All the Sites’ materials, including, without limitation, all TNFiore product logos, design, text, graphics, software, other files, and the selection and arrangement thereof (the “Content”) are Copyright of TNFiore. ALL RIGHTS RESERVED. Unless expressly stated otherwise, TNFiore or its suppliers or licensors own and retain other proprietary rights in all products available through the Sites. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of TNFiore or the respective copyright owner. You may not, without the express written permission of TNFiore or the respective copyright owner, (a) copy, publish, or post any materials on any computer network or broadcast or publications media; (b) modify the materials; or (c) remove or alter any copyright or other proprietary notices contained in the materials. You also may not (a) sell, resell, or make commercial use of the Sites, its content, or services or products obtained through the Sites; (b) collect and use of any product listings or descriptions; (c) make derivative uses of the Sites or its Content; or (d) use of any data mining, robots, or similar data gathering and extraction methods. 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 TNFiore or any third party.

Trademarks

The trademarks and logos appearing on the Website are, unless otherwise noted, trademarks owned by or licensed to us. Your use of these trademarks is prohibited.

Becoming a part of the Membership

There is a monthly cost to become a registered member of packaged services. You do not have to become a member to use all Services. However, if you do not register, you may be precluded from using certain products, offerings, features, or resources of our Service. You must register in accordance with instructions that you will find on the Service to participate in. If you elect to become a member of our Service, you agree to provide us with true, accurate and complete information about yourself (“Registered User Data”), and to maintain and promptly update the Registered User Data and any other information you provide to us, to keep it accurate. Without limiting any other provision of these Terms, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of our Website (or any portion thereof). You agree not to assign, transfer or sublicense your rights as a registered user of this Website. You further agree not to register for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Website.

Account Renewal and Cancellation

All paid accounts on thatnicolefiore.com automatically renew at the end of their terms. The card used for the subscription purchase will be charged at the end of the term outlined in your receipt, unless it is updated prior to the renewal date. If you wish to cancel your account, you can do so at any time. Once your account has been canceled, you will retain access to all paid features throughout the remainder of the term you purchased. If we are unable to process your renewal, your account may temporarily be suspended from access to paid features; your account will not be deleted, and no information will be lost or removed. Your account will remain suspended until a valid payment method is used. If you have any questions or concerns regarding your account, please contact us at info@thatnicolefiore.com.

Parental or Guardian Permission

Some of the content on this Website may not be appropriate for children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THIS WEBSITE. We strongly recommend that children between the ages of 13 and 18 ask for their parent’s or guardian’s permission before viewing this Website and the workouts provided thereon.

Privacy

We are committed to protecting your privacy and security. For more information, you should review our Privacy Policy, which is incorporated into these Terms by this reference.

Community Standards and Conduct Guidelines

You acknowledge that all Content posted, emailed, or otherwise transmitted to or on this Website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the “Postings”), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to the Service. We do not control the Postings posted, emailed or otherwise transmitted on our Website by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of our Service (as described below), you understand that by using the Service, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through the Service.

You agree not to use the Service (including any Community Areas) to:

• Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);

• Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor;

• Impersonate any person or entity, including, but not limited to any user of the Service, a director, officer, employee, shareholder, agent or representative of TNFiore, our affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with TNFiore, or our affiliates or any other person or entity;

• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through the Service;

• Upload, post, email or otherwise transmit any Postings or other materials that are not your own, or that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

• Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;

• Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation;

• Upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

• Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of a Community Area (or other portion of the Service) are able to type, or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of the Service; Interfere with or disrupt the Service or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

• Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;

• “Stalk”, “Cyberstalk” or otherwise harass another user, employee of the Service or TNFiore; or

• Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Service, including user names or passwords; or access or attempt to access another user’s account without his or her consent;

Your privilege to use the Service (including the Member Areas) and contribute to discussions on the Member Areas depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of the Service and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, or any of these Terms, we may terminate, in our sole discretion, your use of, or participation in, any Community Area.

Except as may otherwise be provided in our Privacy Policy, all Member Area communications, including, but not limited to, chat, message boards, comment/chat sections, groups, and profile communications, are public and not private communications. We reserve the right to monitor some, all, or no areas of the Service (including any Member Area) for adherence to the community standards and conduct guidelines set forth above or for any other purpose. You acknowledge that by providing you with the ability to distribute Postings in the Member Areas, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any Postings or activities in any Member Area, nor do we endorse any such Postings. Although we reserve the right to remove, without notice, any Posting for any reason, we have no obligation to review Content prior to the Content’s posting or to delete Postings that you may find objectionable or offensive. We are not responsible for maintaining a copy of any material we remove from our Service, and we are not liable for any loss you incur in the event that Content you post or transmit to our Website has been removed. We will cooperate with law enforcement or a court order requesting or directing us to disclose the identity of you, or anyone, posting any information or material prohibited by these Terms. We may also disclose such information if such disclosure is reasonably necessary to protect the rights, property, or personal safety of TNFiore, its affiliates, or the public.

Submissions

If, at our request or on your own, you send, email, post or otherwise transmit to us or the Service any Content, (collectively, the “Submissions”), you grant us and our successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display any Submissions (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the Submissions in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the “Rights”) that may exist in such Submissions. You also warrant that, to the extent you are not the exclusive holder of all Rights in a Submission, any third party holder of any Rights, including moral rights in such Submissions, has completely and effectively waived all such Rights and validly and irrevocably granted to you the right to grant the license stated above. You further acknowledge that we and our successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You also permit any user to access, display, view, store and reproduce any Submission that you have made available in a Member Area for personal use. Subject to the foregoing, the owner of a Submission placed on the Service retains any and all Rights that may exist in such Submission. Except as provided in our Privacy Policy, none of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions.

TNFiore may alter, adapt, or edit the Submissions and any further material created under these Terms, and market and exploit it entirely at TNFiore’s sole discretion. TNFiore is not obliged to make any use of the Submissions or exercise any of the rights granted by these Terms.

Users of the Service must only post Submissions that are owned by, and features, themselves, and no other third parties.

Links

These Terms apply only to the Service, and not to the websites of any third parties. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website’s administrator or webmaster. If you decide to visit any third-party websites using links from this Website, you do so at your own risk.

Third Party Products and Services

You may order services, merchandise or other products through our Service from other parties (collectively, the “Third Party Sellers”). All matters concerning the services, merchandise and other products desired from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.

Password and User Security

If you are a registered member of the Service, you are entirely responsible for maintaining the confidentiality of your password and user account information. You agree to notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password. You are entirely responsible for any and all activities which occur under your user account. You agree to immediately notify us of any unauthorized use of your user account or any other breach of security known to you.

Health Disclaimer

The Service includes fitness and work out information applications and content published over the Internet, which are intended only to assist users in their personal fitness efforts. TNFiore is not a medical organization and our staff cannot give you medical advice or diagnosis. Nothing contained in the Service should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physical health consultation, evaluation, or treatment.

You are urged and advised to seek the advice of a physician before beginning any workout or regimen. The Service is intended for use only by healthy individuals. All individuals, regardless of condition, should seek professional medical advice and clearance prior to initiating any form of physical exercise or fitness regimen. There are inherent risks associated with rollerskating and fitness programs, and individuals engage in these activities at their own risks.

All information is intended for your general knowledge only and is not a substitute for medical advice or treatment for specific medical conditions. We cannot and do not give you fitness-related medical advice. You should seek prompt medical care for any specific health issues and consult your physician before participating in any acts under the Service.

If you are being treated for an injury, taking prescription medication, or following a therapeutic physical therapy regimen, it is especially important to let your health care professional know that you are participating in TNFiore Services. Any modifications made to the Plan by your physician should be followed.

The Plan is designed for a safe, healthy way to learn a new skill and work out. Not following the instruction as designed may pose the risk of developing an injury. 

You should consult your physician or other healthcare professional before starting this or any other fitness program to determine if it is right for your needs. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. Do not start this fitness program if your physician or healthcare provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately. Not all exercise programs are suitable for everyone. You should always consult your physician or health care specialist before performing any of the exercises in this program, especially if you have any chronic or recurring physical conditions, and/or if you are pregnant, nursing, or elderly. The instruction presented herein is in no way intended as a substitute for medical advice or counseling.

This site offers health, fitness and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this site. The use of any information provided including workouts on this site are solely at your own risk.

Meditation/Mind Disclaimer

Warning: Meditation/Mind videos that include breathing techniques may cause, among other symptoms, dizziness, fainting, tingling, nausea, trembling, and emotional release. If you experience any symptoms stop the breathwork exercise immediately. 

Active breathwork may not be recommended for certain individuals, including anyone with the following conditions:

• Pregnancy

• Cardiovascular disease including angina, previous heart attack, or stroke

• High Blood Pressure

• Detached Retina or Glaucoma

• Uncontrolled thyroid conditions and diabetes

• Respiratory Issues / Asthma

• Epilepsy / Seizures

• Anxiety

• Diagnosis of bipolar disorder, schizophrenia, or previous psychiatric condition

Always consult your healthcare provider before engaging in an active breathwork practice if you are unsure if it is a suitable practice for you, or if you experience any symptoms.

Disclaimers of Warranties

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:

THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS ON THE SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT.

NEITHER TNFIORE, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THE SERVICE OR ANY FUNCTION CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL.

NEITHER TNFIORE, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE SERVICE OR ANY WEBSITE OR WEBSITES LINKED TO THE SERVICE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICE; OR (F) ANY OTHER MATTER RELATING TO OUR SERVICE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR SERVICE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE SERVICE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, INCLUDING NEW JERSEY LAW. SOME STATES MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE “INCIDENTAL” OR “CONSEQUENTIAL”DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY.

you accept all responsibly and risk that can be associated with taking/participating in any current or pre-recorded classes (including but not limited to drills, skills, practice, beginning/intermediate/advanced choreography).

Indemnification

You agree to indemnify, hold harmless and, at our option, defend TNFiore and our affiliates, and our and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your improper use of the Service or our products or offerings, your violation of these Terms, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.

Governing Law and Choice of Forum

These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. For any Dispute not subject to Section 1 above, you and TNFiore agree that any action at law or in equity arising out of or relating to the Website, the Service, or these Terms shall be filed only in the state or federal courts located in Orange County in the State of California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

International Users

The Service is controlled, operated, and administered by TNFiore from its offices within the United States of America. TNFiore makes no representation that materials on the Service are appropriate or available for use at other locations outside of the United States and access to them from territories where the contents or products available through the Service are illegal is prohibited. You may not use the Service or export the content or products in violation of U.S. export laws and regulations. If you access the Service from a location outside of the United States, you are responsible for compliance with all local laws.

Termination

Notwithstanding any of these Terms, TNFiore reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your ability to use the Service and to block or prevent future access to and use of the Service. You agree that TNFiore shall not be liable for any termination of your use of or access to the Service.

Third Party Rights

Only you and TNFiore shall be entitled to enforce these Terms. No third party shall be entitled to enforce any of these Terms and conditions.

Changes to Terms & Conditions

We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms at any time. You should check these Terms periodically for changes. By using the Service after we post any changes to these Terms, you agree to accept those changes, whether or not you have reviewed them.

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Initial Dispute Resolution: Notices

You agree that before initiating any legal or arbitration proceeding, you will attempt to negotiate an informal resolution of any dispute. To begin this process, before initiating any arbitration proceeding, you must send a Notice of dispute (“Notice”) by certified mail to the attention of our legal team at the address below. In the Notice, you must describe the nature and basis of the dispute and the relief you are seeking. If we are unable to resolve the dispute within 45 days after our receipt of the Notice, then you or we may initiate an arbitration proceeding.

TNFiore LLC

1400 N Kraemer Blvd #1556

Placentia, CA 92871

Miscellaneous Terms

In any action against us arising from the use of the Service, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees.

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. These Terms, together with the Subscription Agreement (if applicable), are the entire agreement between you and us relating to the subject matter herein. These Terms may be modified only by our posting of changes to these Terms on the Service, or by written agreement of both parties. Each time you access the Service, you will be deemed to have accepted any such changes.

We may assign our rights and obligations under these Terms. These Terms will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms, or to exercise any right under the Terms, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.