ThinWithinLife.com Website Terms and Conditions of Use
Welcome to ThinWithin Life, ThinWithin.com, also known as Thin From Within, LLC. Before you can start using this service, you must read and agree to the Terms of Use and Privacy Policy, including any future amendments.
This policy was updated and made into effect on January 1, 2022
The Website ThinWithinLife.com (“Website”) and its content (defined below) are owned by Thin From Within, LLC. The term “you” refers to the user or viewer of the Website.
Please read these Terms and Conditions carefully. You must agree to these Terms and Conditions before you are permitted to enter any online private forums operated by Website for any purpose, whether on a website hosted by Thin From Within, LLC or a third-party website such as facebook.com; use any Thin From Within, LLC training programs; participate in any Thin From Within, LLC one-on-one or group coaching, class, or program, workshop or challenge or take part in any future Thin From Within, LLC service or activity, whether now known or unknown.
If you do not agree with these Terms and Conditions, you may not use the Website or it’s content.
These Terms and Conditions is defined to include the following: (i) Thin From Within, LLC, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees or coaches (collectively, “Thin From Within, LLC”).
The Website and Content are intended and only suitable for individuals aged 18 and above. Some of the content may not be appropriate for children. Children under the age of 18 are not permitted to use the Website or content and hereby disclaims all liability for use by individuals under the age of 18.
Payment and Refunds
If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to Website without any additional authorization, for which you will receive an electronic receipt. You also agree that Thin From Within, LLC is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).
In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment otherwise we reserve the right to terminate your access to the Websites and all Content immediately and permanently.
If you fail to make payment in a timely manner in accordance with these Terms and Conditions, or voluntarily decide to withdraw from the Website and content at any time or for any reason, you will remain fully responsible for the full cost of all payments in any payment plan you choose.
Your satisfaction with the Website and its content is important to us. However, because of the extensive time, effort, preparation and care that goes into creating and providing the Website and content, we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payments and no refunds will be provided to you at any time. By using the Website and content, you understand and agree that all sales are final and no refunds will be provided.
Since we have a clear and explicit Refund Policy in these Terms and Conditions that you have agreed to prior to completing your purchase, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
Website and Content Ownership
The words, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Website, any third-party website Thin From Within, LLC may use to distribute or host its content, and contained in e-mails sent to you by the Website and content is property of Thin From Within, LLC and/or unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.
Intellectual Property Rights
You may view, download, print, email and use one copy of individual pages of the Website and content for your own personal, non-business purposes only. You may not republish, reproduce, duplicate, copy, display, distribute to friends or family, or otherwise use any material from the Website or Thin Within, LLC for commercial purposes or in any way that earns you money. By downloading, printing, or otherwise using the Websites or content for personal use you in no way assume any ownership rights of the content – it is still Thin From Within, LLC’s property.
You must receive our written permission before using any of the Website or content for your own commercial use or before sharing with others.
The trademarks and logos displayed on the Website or content are trademarks belonging to Thin From Within, LLC, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.
All rights not expressly granted in these terms or any express written license, are reserved by us.
Unauthorized Use
Your use of any materials found in the Website or content other than that expressly authorized in this agreement or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay a minimum of $8,000 if you did not pay fees for such access, in addition to any legal or equitable remedies Thin From Within, LLC may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.
Your License to ThinWithin Life, owned by Thin From Within, LLC
By posting or submitting any material such as comments, posts, photos, images or videos, you are the owner of all such materials and you are at least 18 years old. You are also granting us unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of Thin From Within, LLC’s current or future Website and content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.
You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by ThinWithin Life during ThinWithin Life activities that may contain you, your voice and/or your likeness. It is Thin From Within, LLC’s sole discretion and we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to Thin From Within, LLC, ThinWithin Life, or ThinWithin.com without compensation to you at any time, now or at any time in the future.
You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions on our Websites or in our Content at any time for any reason.
This means you give ThinWithin Life and Thin From Within, LLC permission to use anything you submit or post on the Websites or any third-party forum or website operated by Thin From Within, LLC, or anything captured by Thin From Within, LLC during your participation including images in which your face is visible and recognizable.
Request for Permission to Use Thin From Within, LLC Content
If you wish to use any of Thin From Within, LLC’s content, or any other intellectual property or property belonging to us, you should request permission in writing BEFORE you use the content by completing the “Contact Us” form on the Websites, or by sending an e-mail to support@thinwithin.com.
If you are granted permission by Thin From Within, LLC, you agree to use the specific content that Thin From Within, LLC allows and only in the ways for which Thin From Within, LLC has given you its written permission. If you choose to use the content in ways that Thin From Within, LLC does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such content from us, and you agree to immediately stop using such content and to take whatever actions as we may request to protect our intellectual property and ownership rights in the Website and content.
Your Conduct on ThinWithin Life
Please choose carefully the materials that you upload to, submit to, or embed on the Websites and any third-party forums operated by Thin From Within, LLC. Any material you post on the Websites or in any third-party forums operated by Thin From Within, LLC becomes public. You are responsible for your material and for any liability that may result from the material you post. You participate, comment, and post material at your own risk. Any communication by you on the Websites and any third-party forums operated by Thin From Within, LLC, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.
Thin From Within, LLC, in its discretion, may delete or modify, in whole or part, any post, comment or submission to the Websites and any third-party forums operated by Thin From Within, LLC. Thin From Within, LLC does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. Thin From Within, LLC neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on ThinWithin Life and shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the ThinWithin LLC Websites.
ThinWithin Life loves welcoming new members and expects each members to be kind and respectful to other members.
You are strictly forbidden to:
- Harass, fighting with, or disrespect other members in ThinWithin Life
- Causing damage to the ThinWithin Life website
- Use the ThinWithin Life website for any unlawful, illegal, fraudulent or harmful purpose or activity
- Use ThinWithin Life website to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, or other malicious software
- Use ThinWithin Life website to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
- Collect any type of data from ThinWithin Life
- Share ThinWithin Life’s website private and proprietary information with anyone else
If your conduct on the ThinWithin Life website violates these Terms and Conditions in any way, Thin From Within, LLC may immediately and permanently terminate your access to the ThinWithin Life and content without refund.
Your Website Username and Password
To access certain features of the Website, you will need a username and password. You agree to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current and complete information about yourself. If Thin From Within, LLC has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from ThinWithin Life’s website to any other person, Thin From Within, LLC has the right to suspend or terminate your account and refuse any and all current or future use of the Thin From Within, LLC websites or other online materials without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of these Privacy Policy.
Termination
Thin From Within, LLC reserves the right in its sole discretion to refuse or terminate your access to the Website and content, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Website or any content affected by such cancellation or termination. The restrictions imposed on you in these Terms and Conditions will still apply now and in the future, even after termination by you or Thin From Within, LLC.
Personal Responsibility, Assumption of Risk, Disclaimers, and Indemnification
- You understand that physical activity and exercise are inherently risky and dangerous activities. Inherent risks are risks that cannot be eliminated completely regardless of the care and precautions taken by Releasees.
- You acknowledge that, by engaging with Thin From Within, LLC, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in Thin From Within, LLC, whether or not caused by the active or passive negligence of the Releasees.
- You Releasees Thin From Within, LLC from any obligation noting that you are able to safely participate in Thin From Within, LLC process or activity and have no medical condition that would make your participation in ThinWithin Life and Thin From Within, LLC more hazardous. You acknowledge that you have had a physical examination and have been given a physician’s permission to participate, or that you have decided to participate in Thin From Within, LLC and ThinWithin Life member community without the approval of a physician.
- Thin From Within, LLC provide information and education only, and do not provide any financial, legal, medical or psychological services or advice. None of the Thin From Within, LLC’s websites prevents, cure or treats any mental or medical condition. You are responsible for your own physical, mental and emotional well-being, your decisions, your choices, your actions and your results.
Thin From Within, LLC disclaims any liability for your reliance on any opinions or advice contained in the Thin From Within, LLC websites. If you have thoughts about harming others or yourself, you should NOT use Thin From Within, LLC. Instead, you should immediately call 911 and seek appropriate professional help.
- The Website and Thin From Within, LLC tries to ensure that the availability and delivery of the Website and content is uninterrupted and error-free. However, Thin From Within, LLC cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.
- THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE WEBSITES AND CONTENT ARE PROVIDED “AS IS”.
- Thin From Within, LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITES, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH Thin From Within, LLC AND ITS WEBSITES.
- These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to its conflict of laws. The nearest state and federal court to Denver, Colorado shall have exclusive jurisdiction over any case or controversy arising from or relating to the Thin From Within, LLC websites and its content, including but not limited to the Privacy Policy or these Terms. By using the Websites or Content, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens.
- Thin From Within, LLC controls and operates from the United States. Thin From Within, LLC does not represent that materials and websites in other locations. People who choose to access the Websites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- You agree to defend, indemnify and hold harmless Thin From Within, LLC and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of the Websites or Content in violation of these Terms of Use, (ii) any breach by you of these Terms of Use or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to Thin From Within, LLC (iv) your use of materials or features available on Thin From Within, LLC or its content or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
- You expressly agree that these Terms and Conditions are intended to be as broad and inclusive as permitted by the law of the State of Colorado, and that if any portion is held invalid, it is agreed that it will be severed and the balance shall continue in full legal force and effect. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees. This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.
Thin From Within, LLC may change, modify or update these Terms and Conditions at any time without notice. Any access or use of the Websites or Content by you after Thin From Within, LLC posts such changes shall constitute consent of such modifications. If you have any questions or concerns about these Terms, contact marna@thinwithin.com.
By clicking on the box when signing up at ThinWithin Life and ThinWithin LLC websites and products, you are providing the electronic equivalent of your signature and assert that you have read, understood and agreed to this entire document.