Welcome to Tuck Online! We are happy to have you here. Tuck Online provides users of all skill levels: (1) digitally accessible fitness content, (2) educational materials about health and wellness, (3) products for sale, and (4) a supportive, welcoming environment that aims to help you get stronger and healthier!
We may change this Agreement periodically. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means. You acknowledge that the posting of a notice on the Website or in an Application or by email message to you addressed to the email address provided at the time you registered notifying you of the material change(s) are reasonable means of providing notice. Your continued access or use of the Service after we provide notice means that you accept all changes. If you do not agree, you must stop accessing or using the Service, including the Website and all Applications.
HEALTH WARNING AND LIABILITY DISCLAIMER
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE PARTICIPATING IN TUCK ONLINE EXERCISES. NOTHING STATED OR POSTED ON THE SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL ADVICE OR CARE. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. PLEASE READ OUR FULL HEALTH WARNING AND LIABILITY DISCLAIMER BELOW BEFORE COMMENCING YOUR USE OF THE SERVICE. WE SHALL NOT BE LIABLE FOR ANY DAMAGES, OF ANY KIND, RESULTING FROM THE USE OF THE SERVICE.
USE OF THE SERVICE
Age Requirement: You must be at least eighteen (18) years of age to access the Service or any portion of it. The Service is not directed to persons under eighteen (18). By providing information about yourself, you are stating that you are at least eighteen (18) years old, or if outside the U.S., of legal age to form a binding contract. You represent and certify that you are legally able to enter into this Agreement and any agreement with Tuck Online’s vendors, partners, and affiliates. Parents and guardians are responsible for monitoring and supervising your minor’s use of the Service. If your minor is using the Service without your permission, please contact us immediately so that we can disable his or her access.
Access and Use. If you wish to access or use the Service, or any portion of it, you must read and accept this Agreement. If you register to become a Subscriber, you also agree to: (a) provide true, accurate, current and complete information about yourself as requested in the registration process (“Registration Data“) and (b) maintain and update your Registration Data at all times. We reserve the right to suspend or terminate your access or use of the Service (or any portion thereof) at any time, if you provide any information that is untrue, not current or incomplete.
Feedback and Suggestions. We welcome your direct constructive feedback (both positive and negative) related to your experience with the Service. Please email all feedback and suggestions to firstname.lastname@example.org. We may or may not incorporate your feedback or suggestions into the Service. If we do, Tuck Online shall have the right to use your feedback and suggestions for our sole benefit without any obligation to compensate or credit you.
The Service and its underlying information and technology are subject to the laws of the United States as well as international laws, restrictions and regulations that may govern its import, export, access and use. You agree to comply with these laws, restrictions and regulations when accessing or using the Service.
LICENSE AND GENERAL TERMS.
License. Subject to your compliance with the terms and conditions of this Agreement, Tuck Online grants you, for your personal use only, a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access and use the Service (i) for your lawful, personal and non-commercial use, (ii) as intended through the normal functionality of the Service, and (iii) streaming a digital transmission of an audiovisual work via the Internet from the Service to your device such that the content is intended for real-time viewing and not for copying, storage, permanent download, or distributed (“Streaming”). Accessing videos via the Service for any purpose or in any way other than for Streaming is expressly prohibited. The Tuck Online Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose other than those expressly listed above without Tuck Online’s prior written consent. Except for the license granted to you in this paragraph, Tuck Online reserves all rights in and to the Service and all Tuck Online Content included therein. We may change, add, remove, suspend, or cancel any part of the Service licensed in this Agreement including any feature, functionality and/or content at any time in our sole discretion.
Term. This Agreement begins on the date you first access or use the Service and continues as long as you access the Service. All terms expressly stated to survive expiration or termination of this Agreement will so survive, and all other terms that by their nature that are intended to survive expiration or termination will continue in full force and effect after such expiration.
Device Requirements. To be able to access or use the Service, including the Streaming videos, you will need to use a personal computer, mobile device, portable media player, smart television, or other device that meets the system and compatibility requirements of the Service. As our technology evolves, requirements for accessing and using the Service may also change and devices that are now capable of interacting with the Service, may no longer be compatible with the Service in the future.
Account Security. You are responsible for all activity and transactions that occur under your account, including by unauthorized users. We recommend you create a complex password to help secure your account. You must safeguard the confidentiality of your password. Each Membership or Subscription (defined below in Section 4) is for use by a single person and you must not allow others to use your account. If you are using a device that others have access to, you must log out of your Tuck Online account after each use. If you become aware of any unauthorized access to your account or other security breach, you must change your password and notify us immediately at email@example.com. We will not be liable for any loss or damage you suffer due to unauthorized access to your Tuck Online account or personal device, including for purchases made without your consent.
Changes, Suspension and Discontinuation of Content. The Service is always evolving, therefore we may make changes to it form time to time in our sole and absolute discretion. This means that availability of content, including videos, articles, images, and audio files, may change, be replaced or removed without advanced notice to you. Certain content that is available on one platform, such as the Website, may not be available on another, such as an Application. While we do not intend to do so, we may change, suspend or discontinue the Service or certain portions of it. From time to time, we may also offer certain features or other elements of the Service, including promotions, new plans, pricing, and advertisements, to a limited group of users for testing or experimental purposes. You acknowledge and agree that we may take any of the actions above in our sole discretion at any time without notice to you. Under no circumstances will Tuck Online be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content made available via the Service.
Additional Terms. We may also require you to follow additional rules, guidelines or other conditions in order to participate in promotions or activities we may make available through the Service, to obtain certain premium Content through the Service, or for other reasons (“Additional Terms”). These Additional Terms are part of this Agreement when and as issued.
APPLICATION USER; MEMBER
Application User; Member Account. We may offer access to free content, features and functions via Applications available on third party marketplaces or platforms. To gain access to such free content, we require that you click to accept this Agreement in the Application; in doing so you will become an “Application User.” We may also require you to register to become a member (“Member”) by providing your name, a username, password and email address. By clicking to accept this Agreement as an Application User or by registering to become a Member, you warrant that (1) you are legally capable of entering into a binding agreement, (2) the information you provide, if required to be provided, is truthful and accurate, and, (3) your use of the Service will not violate any laws or regulations.
Communications. By providing us your email address, you agree to opt-in to receive transactional or administrative emails related to the Service as well as marketing and promotional offers from us or third parties. If you do not wish to receive emails from Tuck Online, you can opt-out by following the instructions in the emails you receive.
Application Removal and/or Cancellation. If you are accessing the Service through an Application, cancellation, and removal methods vary depending on your device and the marketplace or platform through which you accessed or downloaded the Application. To uninstall or remove an Application, please use the application manager provided with your device or consult your device manual. Cancellation or removal of the Application may also be governed by third party marketplace or platform cancellation policies.
Cancellation by Tuck Online. We may suspend or terminate your Application User or Member Account immediately without notice at any time if you breached or are believed to have breached this Agreement. You will not receive a credit or refund if your account is suspended or terminated in accordance with this section of this Agreement.
We offer users access to content, features and functions of the Service that are not available to the general public (the “Subscription Service”) through the sale of subscriptions (“Subscription(s)”). If you purchase a Subscription, you will have access to content available only to Subscribers. Subscriptions are available through the Website and may also be available through device linking in Applications. Subscriptions are not available at any physical tuck barre & yoga studio.
Please read this Agreement carefully before purchasing a Subscription. When you purchase a Subscription, or use or access the Subscription Service, you agree to be bound by this Agreement, which establishes the entire agreement between you and Tuck Online for the supply of the Subscription Service. If you do not agree to this Agreement, please do not use the Subscription Service. We reserve the right to change or update this Agreement, or the products and services available through the Subscription Service, at any time in our sole discretion. Changes to the Subscription Service are effective when they are posted to tuckbarreyoga.com/online. If you continue to use the Subscription Service after changes. If you have any questions about the Subscription Service, your Subscription or this Agreement, please contact us via our email address firstname.lastname@example.org
You must be 18 years or older to purchase a Subscription. You are not permitted to copy or download any Tuck Online Content available through the Subscription Service, including videos. To use the Subscription Service, you must maintain all equipment necessary for access and use of the Subscription Service. You are not permitted to resell any Subscriptions, products or other services purchased through the Service.
1. Subscription Types. We offer two types of Subscriptions: monthly (based on a 30 calendar day cycle “Monthly Subscription”) and 12 month (based on a 365 calendar day cycle “12-Month Subscription”).
Monthly Subscription. The Monthly Subscription is paid in 30 calendar day or “monthly” installments. For each month your Monthly Subscription is active, you agree and authorize Tuck Online to charge the Monthly Subscription fee against the most current credit card information associated with you on file with us or our third party payment processing provider. The Monthly Subscription fee will continue to be charged automatically each month until you cancel your Monthly Subscription by following the cancellation procedure in this Agreement. If you wish to avoid being charged for the next month’s Monthly Subscription fee, you must cancel your Monthly Subscription during the 30 calendar days before it renews. The deadline for cancellation is the minute prior to the exact time the subscription was first purchased. No credits or refunds will be provided upon cancellation, except as stated below. You are not permitted to pause your Monthly Subscription during the 30 day Subscription period.
Annual Subscription. The 12-Month Subscription is paid in 365 calendar day installments. For each 365 day period your 12-Month Subscription is active, you agree and authorize Tuck Online to charge the Annual Subscription fee against the most current credit card information associated with you on file with us or our third party payment processing provider. The Annual Subscription fee will continue to be charged automatically upon the first day of each 365 day period after your initial Annual Subscription until you cancel your Annual Subscription by following the cancellation procedure in this Agreement. If you wish to avoid being charged a subsequent Annual Subscription fee, you must cancel your Annual Subscription during the 365 calendar day period before it is due to renew. The deadline for cancellation is the minute prior to the exact time the subscription was first purchased. No credits or refunds will be provided upon cancellation, except as stated below. You are not permitted to pause your 12-Month Subscription during the 365 day Subscription period.
2. Changes to Subscription Type. You may change your Subscription type at any time by purchasing a different Subscription plan. Your new Subscription plan will begin on the date it is purchased. You will not receive a refund of any amount.
3. Fees; Fee Changes. Pricing for the Subscription Service may vary periodically. We cannot guarantee that the price of your Subscription is the lowest available, historically lowest, or the best price. You will be charged in accordance with the billing terms you agreed to at the time you Subscribed. We reserve the right to change the Subscription plans, Free Trial period, promotions, and otherwise to adjust pricing for any service offered through the Subscription Service at any time as we may determine in our sole and absolute discretion, except that we will not change the pricing of your then-current plan during the plan term. If Tuck Online exercises its right to adjust pricing or any Subscription plan, it will provide advance notice to you. If you do not agree to the changes in pricing or any Subscription plan, you must cancel your Subscription by following the cancellation procedure in this Agreement on or before the applicable cancellation deadline for your Subscription. No refund will be provided for increased Subscription fees if you do not cancel your Subscription prior to the expiration of your current Subscription term.
4. Processing Errors. If you believe a mistake happened with your Subscription purchase, please ask us to confirm the terms of your purchase in writing; only written changes to the terms of your Purchase or this Agreement will be honored. Subscriptions are nontransferable and cannot be sold, exchanged or transferred.
5. Subscription Account Creation. To create a subscription account (a “Subscription Account”), go to tuckbarreyoga.com/online and select “Free Online Trial.” During the sign-up process, you will be prompted to enter your first and last name, email, and credit card information (“User Information”). You are solely responsible for the accuracy of the User Information in your Subscription Account and agree to update your User Information if any changes occur during your Subscription term. You will also be required to create a login and password. You are not permitted to share your login and password credentials with any other person or entity. You are responsible for safeguarding your login, password, other User Information, and for restricting access to your Subscription Account and the Subscription Service by any other person. Tuck Online reserves the right to cancel any Subscription it believes is being used fraudulently or is compromised, in its own discretion. You also agree to accept all responsibility for activities that occur in your Subscription Account. When you create a Subscription Account, you must also click a box agreeing to this Agreement. If you do not agree to the terms and conditions in this Agreement, you may not access the Subscription Services.
6When you complete the Subscription Account creation process, you will automatically be signed up for a Free Trial described below. You will also receive an email confirming your account creation and the start of your Free Trial. You will not be charged any amount until the day after the expiration of your Free Trial. Upon expiration of the Free Trial, you will automatically be enrolled in the Monthly Subscription plan if you do not select the 12-Month Subscription, or cancel your Subscription prior to the end of the Free Trial by following the procedure in this Agreement.
6. Device Linking. We may give you the ability to access your Subscription account through Applications hosted on third party platforms (e.g. Samsung Health). If we do this, you will be provided a code in your Subscription account that you will be required to enter into the Application on your device. After you authenticate your account by entering the code, you will have access to the Tuck Online Content in your Subscription Account through the Application.
7. Subscription Payment. You are required to keep your payment information up to date at all times until you cancel your Subscription. You authorize us or our third party payment processing provider the right to charge fees associated with your Subscription, as well as all applicable taxes, until you cancel your Subscription. All fees are collected in US Dollars and are subject to currency conversion rates from your local currency to US Dollars, as well as any fees that may be imposed by your bank or credit card company. The amount you are charged in your local currency may therefore be more or less than the amount advertised in US Dollars on the Service. Subscription fees will be charged on the same day each month, which is the day after your immediately preceding Subscription expires. You cannot change the day your Subscription fee is charged unless you cancel your Subscription and resubscribe to the Subscription Service. Your credit card information may automatically be updated by your credit card issuer. You may have the right to opt out of this update service. If you wish to do so, please contact your credit card issuer. You are responsible for all charges associated with your account, including unauthorized charges, up and until the time you notify us of any unauthorized activity on your Subscriber account. We will not provide refunds or credits for any Subscription fees charged against credit card information that was updated by your credit card issuer, with or without your knowledge or consent. We will not send you a receipt of payment. You may view your Subscription fee charges and other purchases in your Subscription Account or on your credit card statement.
8. Refunds. No refunds will be provided for any reason. You are required to cancel your Subscription to avoid any Subscription fees prior to the end of the Free Trial or prior to the end of your Subscription period.
9. Promotions. Any promotion offered by Tuck Online cannot be combined with any other promotion, past or present.
One Time Free Trial. We offer users who have never signed up for a Subscription to experience the Subscription Service through a free trial (the “Free Trial“). The term of the Free Trial will vary and Tuck Online reserves the right to change the length of the Free Trial at any time. The Free Trial is available to you only once and only if you have not previously purchased a Subscription. You are not permitted to create numerous Subscriber accounts to take advantage of more than one (1) Free Trial. You will be charged an amount equal to the then-current Monthly Subscription fee for each Free Trial for which you are not eligible to sign up. You acknowledge and agree that such fee is not a penalty, but will be considered liquidated damages in light of the difficulties in estimating the damages to Tuck Online for violation of the Free Trial terms. On the day after the expiration of the Free Trial term, your credit card will be charged the then-current Subscription fee for the Monthly Subscription unless you select to purchase a longer Subscription plan. If you do not wish to be enrolled in the Monthly Subscription and charged the associated Monthly Subscription fee, you must cancel the Monthly Subscription prior to the expiration of the Free Trial by following the cancellation procedure below.
Discounts. We may offer discounted Subscriptions from time to time in our sole and absolute discretion. You may purchase a discounted Subscription during your Free Trial period. If you do this, your Free Trial will end on the date of your purchase and your Subscription will begin on the same day. If you purchase a discounted Subscription, the discounted Subscription fee will apply only to the period of time for which the discount is advertised. At the expiration of the discounted Subscription, you will automatically be charged the non-discounted rate for a renewal Subscription of the same Subscription type you purchased at the discounted rate. If you do not wish to be charged the then-current Subscription fee as explained above, you must cancel your Subscription by following the cancellation procedure in this Agreement. Discounted Subscription fees are only available to first time Subscription purchasers; except that, you are eligible to purchase a discounted Subscription if you previously signed up for the Free Trial and did not purchase a Subscription after it expired. You will be charged an amount equal to the then-current Subscription fee for each discount you take advantage of for which you are not eligible. You acknowledge and agree that such fee is not a penalty, but will be considered liquidated damages in light of the difficulties in estimating the damages to Tuck Online for violation of these terms.
10. Subscription Cancellation by You. You may cancel your Subscription or Free Trial by logging into your Subscription Account, clicking on “My Subscription” and selecting the “Cancel” button. Cancellation of your Subscription will become effective upon the expiration of your current Subscription term. If you cancel your Subscription on the date your credit card is charged, no refund will be provided. You will continue to have access to the Subscription Service until your cancellation becomes effective on the last day of the current Subscription term. No refunds for failure to cancel your Subscription before the end of the current term will be provided under any circumstance.
11. Subscription Communications. By becoming a Subscriber, you agree to opt-in to receive transactional and administrative emails related to the Subscription Service as well as marketing and promotional offers from us or third parties. If you do not wish to receive these emails, you can opt-out by following the instructions in the emails you receive.
12. Subscriber Warranty. By purchasing a Subscription, you warrant that (1) you are legally capable of entering into a binding agreement, (2) the information you provide Tuck Online is truthful and accurate, and, (3) your use of the Subscription Service will not violate any laws or regulations, domestic or international.
13. Product Disclaimer. We reserve the right to change, update or remove content available through the Subscription Service in its sole & absolute discretion at any time. We make no representation or warranty of any kind, express or implied, as to the completeness, accuracy, reliability or availability of the Subscription Service. Further, Tuck Online does not provide any guarantee or warranty as to the results that can be achieved by using the Subscription Service, fitness or otherwise. You agree to use the Subscription Service at your own risk. See our full Disclaimer of Warranties below.
DELETION, SUSPENSION OR TERMINATION OF MEMBER OR SUBSCRIPTION ACCOUNT
- Inactive Account. We reserve the right, but is under no obligation to delete your account if it is inactive from lack of access the Service for a period of at least six (6) months, or if you are a Subscriber immediately when payment is declined or otherwise ceases.
- Suspension or Termination for Cause. We may suspend, disable or terminate your Member or Subscription Account immediately without notice at any time if Tuck Online determines in its sole discretion that you violated any of the terms of this Agreement, or that your conduct would damage Tuck Online’s reputation or goodwill. If Tuck Online exercises its rights to suspend or terminate your account, you agree to immediately stop accessing or using (or attempting to access or use) the Service in any way, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use. We may block your email address and Internet protocol address to prevent re-registration by you. We are not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. You will not receive a refund or credit if your Subscription is suspended or terminated. This Agreement shall survive such terminate and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied. After termination, we may access, preserve or disclose your account information or content if required by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process nationally or internationally; (b) enforce this Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) respond to your requests for customer service
HEALTH WARNING AND LIABILITY DISCLAIMER
PHYSICAL EXERCISE IS A STRENUOUS ACTIVITY. YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE PERFORMING ANY OF THE EXERCISES, ROUTINES, POSES, OR PROGRAMS, OR USING ANY OF THE RECOMMENDED EQUIPMENT SHOWN IN ANY VIDEO, OR OTHER MATERIAL THROUGH THE SERVICE. ALL SUGGESTIONS AND INSTRUCTION RELATING TO THE USE OF EQUIPMENT, POSES, AND MOVES BY A TUCK ONLINE INSTRUCTOR IN VIDEOS AVAILABLE VIA THE SERVICE ARE NOT REQUIRED TO BE PERFORMED BY YOU AND ARE PERFORMED AT YOUR SOLE DISCRETION. DO NOT USE THE SERVICE IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. STOP IMMEDIATELY IF YOU EXPERIENCE FAINTNESS, DIZZINESS, OR PAIN AT ANY TIME WHILE PERFORMING ANY EXERCISE ROUTINE OR POSE, OR FROM USING ANY OF THE RECOMMENDED EQUIPMENT IN ANY TUCK ONLINE VIDEO. WE ARE NOT A MEDICAL ORGANIZATION AND OUR INSTRUCTORS DO NOT AND CANNOT GIVE YOU MEDICAL ADVICE OR DIAGNOSIS. WE DO NOT REPRESENT IN ANY WAY THAT ANY NUTRITIONAL OR FITNESS ADVICE PROVIDED BY AN INSTRUCTOR CONSTITUTES QUALIFIED EXPERT ADVICE. THE SERVICE MAY OFFER GENERAL HEALTH AND FITNESS INFORMATION, THIS INFORMATION IS FOR INFORMATIONAL PURPOSES ONLY. NOTHING CONTAINED IN OR AVAILABLE THROUGH THE SERVICE IS INTENDED TO BE, AND MUST NOT BE CONSTRUED AS, MEDICAL OR COUNSELING ADVICE. FOR PURPOSES OF THIS AGREEMENT, MEDICAL AND COUNSELING ADVICE MEANS, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR HEALTH OR NUTRITION CARE, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. YOU SHOULD NOT RELY ON ANY INFORMATION ON THE SERVICE AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL OR COUNSELING ADVICE, DIAGNOSIS, OR TREATMENT.
BY USING THE SERVICE, YOU REPRESENT THAT YOU UNDERSTAND AND AGREE THAT PHYSICAL EXERCISE INVOLVES STRENUOUS PHYSICAL MOVEMENT, AND THAT SUCH ACTIVITY CARRIES THE RISK OF INJURY, WHETHER PHYSICAL OR MENTAL. YOU UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO JUDGE YOUR PHYSICAL AND MENTAL CAPABILITIES TO ENGAGE IN SUCH ACTIVITIES. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOU DO NOT EXCEED YOUR LIMITS WHILE PARTICIPATING IN VIDEO CLASSES ON THE SERVICE, AND YOU WILL SELECT THE APPROPRIATE LEVEL OF ACTIVITY FOR YOUR SKILLS AND ABILITIES, AS WELL AS FOR ANY MENTAL OR PHYSICAL CONDITIONS AND/OR LIMITATIONS YOU MAY HAVE. YOU UNDERSTAND THAT FROM TIME TO TIME TUCK ONLINE INSTRUCTORS MAY SUGGEST POSES, ADJUSTMENTS OR THE USE OF EQUIPMENT, INCLUDING BALLS, STRAPS, BANDS, SLIDERS AND WEIGHTS, AND IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE IF ANY OF THESE SUGGESTIONS ARE APPROPRIATE FOR YOUR ABILITY LEVEL AND PHYSICAL AND MENTAL CONDITION. THE USE OF THE SERVICE AND ANY INFORMATION PROVIDED ON THE SERVICE IS SOLELY AT YOUR OWN RISK.
EXERCISE PHILOSOPHIES AND REGIMENS ARE CONTINUALLY UNDER DEVELOPMENT. WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO THE ACCURACY, COMPLETENESS, CURRENTNESS OR APPROPRIATENESS OF ANY EXERCISE ROUTINE, PROGRAM, POSE, OR TECHNIQUE INCLUDED IN THE SERVICE. WE DO NOT GUARANTEE OR WARRANT THAT USE OF THE SERVICE WILL YIELD ANY PARTICULAR FITNESS OR HEALTH RESULT, GOAL OR OBJECTIVE.
YOU EXPRESSLY WAIVE AND RELEASE ANY CLAIM THAT YOU MAY HAVE FOR INJURY OF ANY KIND AGAINST TUCK ONLINE, OR ANY PERSON OR ENTITY ASSOCIATED WITH TUCK ONLINE, INCLUDING WITHOUT LIMITATION ITS DIRECTORS, PRINCIPALS, INSTRUCTORS, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES AND REPRESENTATIVES.To the fullest extent permitted by law, you agree that the Service and all content provided in the Service is provided “AS IS,” “WHERE IS,” “WITH ALL FAULTS” and without any warranty of any kind, express or implied, including any warranty of merchantability or fitness for a particular purpose. Further, we expressly disclaim all liability for errors and omissions related to the Service and all content provided in the Service. Your access and use of the Service is therefore at your sole risk.
LIMITATION ON LIABILITY
IF YOU DO NOT ACCEPT THE LIMITATION OF LIABILITY BELOW, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SERVICE, INCLUDING THE WEBSITE OR APPLICATIONS.
To the fullest extent permitted by law, in no event shall Tuck Online, nor its affiliates, officers, directors, members, employees, independent contractors, agents or representatives be liable for: (I) any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain or suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses, (II) completeness, errors, inadequacies, mistakes, quality, or inaccuracies as to the content provided through the Service, (III) content posted by other users that you may feel to be defamatory or offensive, (IV) objectionable or illegal conduct of any third party, including other users, (V) streaming quality or video resolution, Internet bandwidth, device compatibility or viewing capabilities, (VI) availability, interruption or cessation of the Service, (VII) unauthorized access or use of your Tuck Online account or login credentials, (VIII) any product or service offered by a third party through the Service (bare3 does not monitor, investigate or resolve any transactions or disputes between you and any third party), (IX) unauthorized access to Tuck Online servers and access or use of your personal or financial information stored therein, (X) malware, including bots, bugs, viruses, Trojan horses, (XI) the security of the Service including the unauthorized access, interception, corruption, damage or misuse of any information you download or share, or (XII) any other loss or damage of any kind incurred as a result of the use of any content published or transmitted, through the Service, whether such above listed claims are based on theories of warranty, contract, tort, or any other legal theory, and whether or not Tuck Online is advised of the possibility of such damages. No communication of any kind between you and Tuck Online, or a Tuck Online representative, shall constitute a waiver of any limitation on liability hereunder or create any additional warranty not expressly stated in this Agreement. In the event that this limitation on liability is not enforceable, Tuck Online (and each of the its affiliates’ listed above in this paragraph), total liability to you shall not exceed the amounts paid by you to Tuck Online during the twelve (12) months immediately preceding your claim(s).
Depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this Agreement, as a result certain provisions of this Agreement may be unenforceable as to you. To the extent that any term or condition of this Agreement is unenforceable, the remainder of the Agreement shall remain in full force and effect.
THIRD PARTY SITES AND LIMITATION ON LIABILITY
The Service may contain links to products or services, including websites or applications, owned or offered by third parties, which you may access by leaving the Service. We do not monitor or control third party linked websites or applications. Reference to any third party, or their products or services, on the Service does not constitute an endorsement or recommendation by Tuck Online or any of its officers, directors, members, employees (including instructors), independent contractors, agents or representatives. We are not responsible for reviewing or approving third parties or the products, services or content made available by them through linked websites, applications or otherwise. You should conduct your own research regarding third parties and their products or services before engaging with any third party. We do not warrant and will not be liable to you for any damage or loss caused or alleged to be caused, by or in connection with the use of any links, content, products or services made available by third parties. In other words, your business dealings and communications with a third party you find through the Service, regarding purchase, payment or delivery of goods or services, warranties or any other matter are solely between you and such third party. If you access or use a third party website or application, or use a third party product or service, you do so at your own risk. Before you use any third party product or service, you should review the applicable terms and conditions of use.