DISCLAIMER

Terms and Conditions of Use | Privacy Policy | Disclaimer

Last Update: December 26, 2022

Welcome and thank you for visiting a TMF FITUNATE LLC website, including, without limitation, toniafisher.com, vibrantlyclear.om, fitpowerfully.com, knoxandmello.com, stayontheglow.com, sunshineandsuccess.com, vibrantcitypup.com, and cyacafe.com (the “websites”).

The terms “TMF FITUNATE,” “company,” “we,” “us,” and “our,” refer to TMF FITUNATE LLC.

The terms “user,” “you,” and “your” refer to the website visitors, customers, and any other users of the website.

DISCLAIMER OF WARRANTIES

All materials, content, and services on the website are provided on an “AS IS” and “AS AVAILABLE” basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, TMF does not represent or make any warranty that (a) the services, content, and materials will meet your requirements, (b) the services, content, and materials will be uninterrupted, timely, current, complete, secure, or error-free, (c) the results that may be obtained from the use of the services or materials will be effective, accurate or reliable, or (d) the quality of any products, services, or information purchased or obtained by you from the website, from us, or our affiliates will meet your expectations or be free from mistakes, errors or defects.

The website could include technical or other mistakes, inaccuracies or typographical errors. We may make changes to the materials and services at the website, including the prices and descriptions of any products listed herein, at any time without notice. The materials or services at the website may be out of date, and we make no commitment to update such materials or services.

The use of the services or the downloading or other acquisition of any materials through the website is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities.

You understand and agree that temporary interruptions of the services available through the website may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the website, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the services available on the website are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.

You fully agree and understand that TMF FITUNATE is not responsible for your success or failure and makes no representations or warranties of any kind whatsoever that our products or services will produce any particular result for you.

FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY 

The information provided in or through the website is for educational and informational purposes only. Nothing on any page of the website, or any of our content or materials is a promise or guarantee of results or future earnings, and we do not offer any legal, medical, financial, or other professional advice.

NOT PROFESSIONAL ADVICE

No Attorney-Client Relationship or Legal Advice

Materials on the website contain general information only to permit you to learn more about our business and the services we provide. The information presented is not legal advice, should not be acted on as legal advice, and is subject to change without notice.

Neither receipt of information presented on the website nor any email or other communication sent to TMF FITUNATE through the website will create an attorney-client relationship. No user of the website should act, or refrain from acting, on the basis of information included on the website without first consulting legal counsel in your own relevant jurisdiction.

Licensure Status

While Tonia Fisher is an attorney, Tonia Fisher is not holding herself out as an attorney on the website for any purposes or specifically advertising any legal services. Tonia Fisher is licensed to practice in California and the District of Columbia. Again, the website is not intended as advertising or solicitation of legal services. The website is not intended as advertising or solicitation in any jurisdiction where the website would be so characterized and fails to comply with all applicable laws and ethical rules of that jurisdiction. Tonia Fisher does not seek to represent anyone based solely upon a visit to the website, or upon advertising, or where to do so would not comply with applicable local laws and rules.

Scope of Legal Services

While Tonia Fisher may be an attorney, your dealings with Tonia Fisher through TMF FITUNATE LLC, or the website is not in connection with Tonia Fisher’s education, licensure, or capabilities as an attorney. An attorney-client relationship with prospective clients is established only after Tonia Fisher has expressly communicated the ability to accept representation of your matter. The scope of any legal services to be performed by Tonia Fisher will be expressly agreed upon in writing by you before any legal services are performed, and does not include any services that have been expressly excluded or are otherwise outside the scope of the written agreement.

Not Professional Advice

The statements made on the website are solely the opinion of the author and in no way should be construed as professional advice. Tonia Fisher is not an accountant, financial advisor, or medical advisor, nor is she holding herself out to be. The information contained in or made available through the website (including, but not limited to, information contained on message boards, in text files, comments, videos, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. Although care has been taken in preparing the information provided to you, we cannot be held responsible for any errors or omissions, and we accept no liability whatsoever for any loss or damage you may incur. Always seek a legal, financial, and/or medical counsel/advisor relating to your specific circumstances as needed for any and all questions and concerns you now have, or may have in the future. You agree that the information on the website is not legal, financial or medical advice. Neither we, nor our partners, nor any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. You agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.

JOURNALING DISCLAIMER

The information provided in my journals, guides, presentations, and workshops, is intended for informational and educational purposes only. The content is based on general principles and does not constitute professional advice, coaching, counseling, or therapy. Participation in any of my journaling activities is voluntary, and the content should not be considered a substitute for personalized advice from qualified professionals. It is essential to consult with relevant experts or seek appropriate guidance when dealing with specific personal, emotional, or mental health issues.

The results and benefits of journaling may vary from person to person, and individual experiences can differ. It is crucial to approach the journaling process with self-awareness and care. If you have any concerns about your mental or emotional well-being, I strongly recommend consulting a qualified mental health professional or therapist.By engaging with my journaling content, you acknowledge and accept that you are solely responsible for your well-being, decisions, and actions. Neither I or any of my journaling content contributors are not responsible for any consequences resulting from the application of the information provided.

Please practice self-compassion, and if at any point during the participation in a journaling activity you feel uncomfortable or distressed, I encourage you to discontinue the exercises and seek professional support.

ARTIFICIAL INTELLIGENCE (A.I.) DISCLAIMER

Our website and related materials may contain the use of A.I. technologies including, but not limited to A.I.-generated text, graphics, images, and/or audio. A.I. technology was used as a tool by us to supplement, enhance, and make suggestions to our content, but the thoughts, ideas, opinions, and the finished product is, indeed, wholly human and original to our company and we maintain copyright ownership over such content. We were given a non-exclusive license to use such A.I. generated content from third-party A.I. platform(s). You understand and acknowledge that we make no guarantee as to the accuracy of third-party A.I. generated content contained herein and you expressly acknowledge and understand that any information or knowledge you gain as a result of using any A.I.-generated content on this website is used at your own risk.

EARNINGS DISCLAIMER

As stipulated by law, we cannot and DO NOT make any guarantees about your ability to get results or earn any money with our ideas, information, tools, recommendations, or strategies. Making decisions based on any information presented in our products, events, services, or Website should be done only with the knowledge that you could experience risk or losses as in any personal, professional, or entrepreneurial endeavor. Our goal is merely to help by giving great content, direction and strategies. 

Your level of success in attaining similar results stated in our content or materials is dependent on a number of factors including your knowledge and various skills, the time you devote to the program, ideas, and techniques mentioned, your ability, your finances, your commitment and dedication, and your network, to name a few. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions. 

PERSONAL RESPONSIBILITY

You aim to accurately represent the information provided to us on or through the website and our Products and Services. You acknowledge that you are participating voluntarily in using the website and Products and Services, and that you are solely and personally responsible for your choices, actions and results, now and in the future. You accept full responsibility for the consequences of your use, or non-use, of any information provided on or through the website, and you agree to use your own judgment and due diligence before implementing any idea, suggestion, or recommendation from this Website to your life, family, or business.

TESTIMONIALS

In accordance with Federal Trade Commssion’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising concerning the use of endorsements and testimonials in advertising, please be aware of the following:

Testimonials appearing on this Website are received in various forms via a variety of submission methods.

The testimonials, statements, and opinions presented on www.toniafisher.com are solely applicable to the individuals that wrote it. 

Experiences, insights, and testimonials, about others’ experiences with the Website, its contents, or information and programming provided by us is presented for purposes of illustration only. The testimonials, examples, and photos used are of actual clients and results they personally achieved, or they are comments from individuals who can speak to our character and/or the quality of our work. They are not intended to represent or guarantee that current or future clients, customers, or users will achieve the same or similar results; rather, these testimonials represent what is possible for illustrative purposes only. To the extent that we included any case studies or testimonials on the Website, You can assume that none of these stories in any way represent the “average” or “typical” customer/user experience.

All testimonials are voluntarily provided and are not paid, nor were they provided with free products or services, or any benefits in exchange for their statements.

The testimonials are representative of the customer’s/user’s experiences but the exact results will be unique and individual to each customer/user. The testimonials displayed are given verbatim except for grammatical or typing error corrections. Some testimonials may have been edited for clarity, or shortened in cases where the original testimonial included extraneous information that is of no relevance to the general public. 

LIMITATION OF LIABILITY

By using this Website, you agree to absolve TMF FITUNATE of any liability or loss that you or any other person may incur from use of the information, products or materials that you request or receive through or on this Website. You agree that TMF FITUNATE will not be liable to you, or to any other individual, company or entity, for any type of damages, including direct, indirect, special, incidental, equitable or consequential loss or damages, for use of or reliance on the website. You agree that TMF FITUNATE does not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease or condition or issue, or any other type of loss or damage due to any act or default by TMF FITUNATE or anyone acting as our agent, consultant, affiliate, joint venture partner, employee, team member, or anyone otherwise affiliated with TMF FITUNATE who is engaged in delivering content on or through the website.

INDEMNIFICATION AND RELEASE OF CLAIMS

You hereby fully and completely hold harmless, indemnify and release TMF FITUNATE and any of our agents, consultants, affiliates, joint venture partners, employees, team members, or anyone otherwise affiliated with TMF FITUNATE, from any and all causes of action, allegations, suits, claims, damages, or demands whatsoever, in law or equity, that may arise in the past, present or future that is in any way related to the website.

ERRORS AND OMISSIONS

Although every effort is made to ensure the accuracy of information shared on or through the website, the information may inadvertently contain inaccuracies or typographical errors. You agree that TMF FITUNATE is not responsible for the views, opinions, or accuracy of facts referenced on or through this Website, or of those of any other individual or company affiliated with TMF FITUNATE in any way. Because scientific, technology, and business practices are constantly evolving, you agree that we are not responsible for the accuracy of the website, or for any errors or omissions that may occur.

This site may link you to other websites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, intellectual property compliance, legality, decency, or any other aspect of the content of such website, nor are we responsible for errors or omissions in any references to other parties or their products and services. 

NO ENDORSEMENT  

Content available through the website often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized TMF FITUNATE spokesperson speaking in her/his/their official capacity. Please refer to the specific policies posted on various sections of the website, if applicable, for further information, which policies are incorporated by reference into our Terms and Conditions of Use.

References or links in the website to the information, opinions, advice, programs, products or services of any other individual, business, or entity does not constitute a formal endorsement or any warranty of any kind, either expressed or implied by TMF FITUNATE. The inclusion of such a link or reference is provided merely as a convenience.

We are not responsible for the website content, blogs, emails, videos, social media, programs, products and/or services of any other person, business or entity that may be linked or referenced on the website. Conversely, should a link to any of our websites appear in any other individual’s, business’ or entity’s website, program, product or services, it does not constitute our formal endorsement of them, their business or their website either.

AFFILIATES DISCLOSURE

Periodically, TMF FITUNATE may promote, affiliate with, or partner with other individuals or businesses whose program, products, and services we may find to be useful resources and tools. We may earn commissions or other rewards from products or services reviewed or mentioned in the website or our Content or Products and Services. We may also earn money by using affiliate links to other sites that pay a referral commission. We only recommend products and services that we respect, use, or have thoroughly researched. You agree that any such promotion or marketing does not serve as any form of endorsement whatsoever. You are still required to use your own judgment to determine that any such program, product or service is appropriate for you. You are assuming all risks, and you agree that we are not liable in any way for any program, product or service that we may promote, market, share or sell on or through the website.

Please refer to the Affiliate's privacy policy and other terms and conditions of use. Once you have clicked through to an Affiliate's site, our Policies and Terms and Conditions of Use no longer apply. We cannot guarantee or be held responsible for any information or products and services you may find on an Affiliate's site.

The opinions expressed here and on the website are those of TMF FITUNATE or an approved representative, and are not necessarily the opinions or views of any Affiliates.  

Amazon Affiliate Disclosure

As an Amazon Associate, I earn from qualifying purchases.

ACCESS OUTSIDE OF UNITED STATES

Although the website may be accessible worldwide, we make no representation that materials on the website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the website from other locations do so on their own initiative and sole risk, and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the website is void where prohibited.

By using the website you are agreeing to all parts of the above Disclaimer. If you have any questions about this Disclaimer, please contact us at support@toniafisher.com