The following terms of use (“Terms”) constitute an agreement between Tress Marketing Solutions, LLC (“TMS”) and you (“User” or “you”) that governs your use of the FASTer Way to Fat Loss mobile application (“App”), which can be downloaded in Google Play, Apple iTunes and any other marketplace for applications.
TMS reserves the right, in its sole discretion, to change or modify portions of these Terms at any time. Any changes made to these Terms will be posted on this page, along with the date of the update. Your acceptance of any updates to the Terms will be indicated by your continued usage of the App.
By downloading the App, you acknowledge that you have read and understood these Terms and have the authority to act on behalf of any person for whom you are using the App.
THE APP
The App is available for all members of the FASTer Way to Fat Loss.
TMS reserves the right to modify or discontinue, temporarily or permanently, the App (in whole or in part) with or without notice to you. You agree that TMS will not be liable to you or to any third party for any modification, suspension, or discontinuation of the App.
MEMBERSHIP TERMS
These Terms solely govern your use of the App. For more information on your FASTer Way to Fat Loss‘s terms of use, please visit https://www.fasterwaytofatloss.com/website-terms-of-use.
APP REGISTRATION
To use all features of the App, you must:
Be an active member of the FASTer Way to Fat Loss;
Create an account, using the same email account you use to login to the FASTer Way Portal; and,
Be over the age of 18. If you are under the age of 18, you must have permission from your parent or guardian.
Upon registering with your email address, you will receive access to the App (your “App Account).
At any time, if you cancel your FASTer Way to Fat Loss account, your App Account will be disabled and you will no longer have access to login to the App.
YOUR APP ACCOUNT
Your App Account is for your personal use only. You may not provide any third party with the App Account login information to access your App Account.
You are solely responsible for any activities that occur using your App Account.
Please notify TMS immediately if you believe there is any unauthorized use of your App Account. To protect your App Account, please ensure you fully exit the App at the conclusion of your session.
YOUR PERSONAL INFORMATION AND DATA
TMS’s usage of your personal information and data is more fully described in our Privacy Policy.
LICENSE TO USE THE APP
The App is solely for your personal non-commercial use. Except for the foregoing limited license, no right, title, or interest shall be transferred to you. Unless otherwise expressly authorized herein or in the App, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, creative derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes, any portion of the App, use of the App, or access to the App.
APP USAGE CONDITIONS
You must only use the App for the purposes stated herein, in accordance with these Terms.
You must ensure that your App Account is kept secure and confidential. You must take all other actions that TMS reasonably deems necessary to maintain or enhance the security of the App.
You must immediately notify TMS of any unauthorized use of your App Account or any other breach of security so that TMS may reset your password.
When accessing the App, you must:
Not attempt to undermine the security or integrity of the App or any other TMS system;
Not use, or misuse, the App in any way which may impair the functionality of the App or any other TMS system, or other systems used to deliver the App or impair the ability of any other user to use the App;
Not attempt to gain unauthorized access to any materials other than those to which you have been given express permission to access or to the computer system on which the App is hosted;
Not transmit, or input into the App in any form, any files that may damages any other person’s computing device or software; and,
Not attempt to modify, copy, adapt, reproduce, disassemble, decompile, or reverse engineer any computer programs used to deliver the App.
TMS owns all rights in (1) the App (2) the content on the App, and (4) TMS’s trademarks and any goodwill, derivative works, improvements and/or intellectual property associated with the App. Users will not copy, modify, distribute, sell, or lease the App or any part thereof or attempt to unlock or bypass any encryption or other protections used by TMS. Any violation of this provision shall be deemed to be an infringement of TMS’s intellectual property and may result in termination of your App Account at TMS’s sole discretion and/or taking any legal action that TMS may deem necessary.
The following uses of the App are not permitted:
Republication of content from the App, unless content is specifically and expressly made available for republication;
Sale, rental or sub-license of any content from the App;
Reproduction or duplication of any content on the App for commercial purposes;
Modification of any content on this App, unless content is specifically and expressly made available for modification;
Redistribution of content of the App, unless content is specifically and expressly made available for redistribution.
You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the App without TMS’s express written permission.
You must not use the App to transmit or send any unsolicited commercial communications.
You must not use the App for any third-party marketing without TMS’s express written permission.
Any rights not expressly granted herein are reserved by TMS.
INTELLECTUAL PROPERTY
COPYRIGHT
Unless otherwise noted, the design, content and all components of the App are copyrights owned by TMS or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.
TRADEMARKS
TMS's trademarks and trade dress may not be used in connection with any product or service that is not TMS's, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits TMS, the FASTer Way to Fat Loss, Amanda Tress, or Brandon Tress.
From time to time, the App will legally utilize trademarks owned by third parties related to TMS's services. These trademarks are the respective property of their owners.
GRANT OF RIGHTS
You grant TMS a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the App. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant TMS the right to sub-license these rights and the right to bring an action for infringement of these rights.
CONTENT CONTRIBUTED TO THE APP
Any content you contribute to the App, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party's legal rights, and must not be capable of giving rise to legal action whether against you or TMS or a third party.
TMS reserves the right to edit or remove: (i) any material submitted to the App; (ii) stored on TMS's servers; or, (iii) hosted or published on the App. TMS takes no responsibility and assumes no liability for any content posted by you or any third party.
Notwithstanding TMS's rights under the Terms of Use, TMS does not undertake to monitor the submission of all content to, or the publication of such content on, the App.
COMMUNICATION
If you send TMS an email, register to use the App or provide your email to TMS in any other way, you consent to receive communications from TMS electronically. You agree that all legal notices provided via electronic means from TMS satisfy any requirement for written notice.
THIRD PARTIES
The App may contain links to third-party websites that are not governed or controlled by TMS. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to your use of the App. TMS assumes no control or liability over the content of any third-party sites. You expressly hold harmless TMS from any and all liability related to your use of a third-party website.
Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the App, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the App, you expressly hold TMS harmless from any and all liability in any dispute.
NO WARRANTIES
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED. YOUR USE OF THE APP IS AT YOUR SOLE RISK. TMS MAKES NO REPRESENTATIONS OR WARRANTIES IN RELATION TO THE APP OR THE INFORMATION AND MATERIALS PROVIDED THEREIN.
TMS MAKES NO WARRANTY THE APP WILL MEET YOUR REQUIREMENTS; WILL BE AVAILABLE UNINTERRUPTED; TIMELY AND FREE OF VIRUSES OR BUGS; OR REPRESENTS THE FULL FUNCTIONALITY, ACCURACY, AND RELIABILITY OF THE APP. TMS IS NOT RESPONSIBLE TO YOU FOR THE LOSS OF ANY CONTENT OR MATERIAL UPLOADED OR TRANSMITTED THROUGH THE APP. THE APP IS WRITTEN IN ENGLISH AND MAKES NO WARRANTY REGARDING TRANSLATION OR INTERPRETATION OF CONTENT IN ANY LANGUAGE.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TMS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE APP; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO THE APP. IN NO EVENT WILL TMS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TMS IN THE LAST SIX (6) MONTHS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APP OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE APP.
TERMINATION
You agree that TMS, in its sole discretion, may suspend or terminate your App Account (or any part thereof) or use of the App and remove and discard any content within the App, for any reason, including, without limitation, for lack of use or if TMS believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of App, may be referred to appropriate law enforcement authorities.
INDEMNITY
You agree to defend, indemnify and hold TMS, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys' fees and expenses) which TMS suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
ARBITRATION
The Terms will be governed and construed in accordance with the laws of the State of Florida. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Pinellas County, Florida. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.
MISCELLANEOUS PROVISIONS
If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.
The Terms of Use may not be assigned by you without TMS's prior written consent; however, the Terms of Use may be assigned by TMS in its sole discretion.
The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Websites offered by TMS.
All notices with respect to the Terms of Use must be in writing and may be via email to clientsuccess@fasterwaytofatloss.com for TMS and to your email address.
UPDATED: September 1, 2021