TERMS OF PURCHASE

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Last Updated [5/14/24].

 

We are so thankful to have you as a part of our Tots On Target community!

 

Please review these Terms of Purchase very carefully.  By purchasing our products and/or services, you are agreeing to these and are expressing that you have been given reasonable access to review these terms prior to your purchase. These Terms are binding as of the date you purchase or access our products and/or services.

 

General Purpose. These Terms are between you (“Purchaser,” “you,” “your”) and Tots On Target (“Company,” “we,” “us,” “our”) for the purpose of purchasing or otherwise obtaining digital products and/or services (our “Products”) whether through the Company’s website at www.totsontarget.com or any related domains or subdomains (the “Website”), or in person. The Company and the Purchaser will collectively be referred to as “Parties,” and each individually as a “Party.” 

Digital Products. For the purposes of these Terms, "Digital Products" includes but it not limited to the following types of products and services:

- Membership Access: Access to an exclusive online platform providing members with educational content, tools, and resources.

- Courses: A variety of digital courses aimed at personal development and learning.

- Community Access: Participation in a community where members can interact, share, and gain support.

- Live Interactive Sessions: Access to live group sessions conducted via Zoom (or equivalent), including Q&A sessions, workshops and or seminars.

- One-on-One Sessions: Availability of personalized one-on-one sessions for tailored guidance and support.

 

By clicking “Join Now,” “Buy Now,” or any other phrase on the purchase button, submitting a payment electronically or in-person, or otherwise subscribing through the Website, you are agreeing to adhere to and be bound by following terms and conditions (the “Terms”):

 

Terms:

Scope of Products. Our Products include but are not limited to: courses, workshops, group Q & A discussions, & digital downloads and any other digital products included in the Tot Spot Membership.

Product Delivery. When you make a purchase and submit your payment, you will be provided with access to the Tot Spot. If you have any technological challenges accessing your account, please reach out to [email protected] for assistance. 

Product Disclaimer. You understand and agree that the content included in any of the Products is merely meant to be informational in nature and does not represent any level of medical advice. As such, our Company will not be responsible for any damages that result from the use of the Products. The information you receive from the Product is not physical therapy services or a replacement for physical therapy services. It is for informational purposes only. The content provided in our digital products is for informational and educational purposes only and is not intended as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.

 

Assumption of Risk. You agree that your use of the digital products and any guidance contained within is at your sole risk. It is your responsibility to evaluate the accuracy, completeness, and usefulness of any opinions, advice, services, or other information provided. The company assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based on the information, materials, or services provided in these digital products.

No Warranties + No Guarantees. We are providing the Products on this Website on an “As-Is” basis for individual use by you at your own risk and without any warranties, whether express or implied. The Company makes no warranty as to the accuracy and reliability of information set forth in the Products, the Website, and Company-related documentation.  You understand and agree that purchasing the Products does not guarantee specific results. The information included in the Products is provided for informational purposes only and you are responsible for implementing any practices or suggested actions found within these Products.

Payment + Billing. By providing the Company with your preferred payment method, you represent that you: (i) are authorized to use, and (ii) authorize the Company to charge that payment method (the “Authorized Payment Method”) for any fees related to your purchase of the Products, including without limitation, fees relating to any paid feature of the Website and/or subscription service of the Company in which you have chosen to enroll (collectively, the “Fees”). If you are taking advantage of any limited time trial-period offer and you do not cancel the service on or before the last day of the trial period, you are authorizing us to charge your payment method for the service. Unless otherwise indicated, all Fees are in USD.

Return/Refund Policy. Due to the nature of digital products being immediately accessible upon purchase, we do not allow for returns or refunds under any circumstances. In addition, no modifications to your purchase will be granted once your purchase is made. Thank you for understanding. Please contact our support team at [email protected] if you experience any issues accessing or using our products.

 

Automatic Renewals, Subscriptions and Cancellations. Memberships will automatically renew at the end of each subscription period using the Authorized Payment Method on file unless you cancel in advance. When you purchase any Products on an ongoing subscription basis (for example: weekly, monthly, quarterly, or annually), you are authorizing the Company to process incurred and recurring Fees until the subscription is terminated and all outstanding fees have been paid in full. You must keep a valid Authorized Payment Method on file with the Company.  Recurring payments are billed (in advance) at monthly or annual intervals.  If we are unable to successfully process a payment of the Fees using your Authorized Payment Method, we reserve the right to suspend or revoke your subscription until all current and outstanding Fees are paid. If outstanding Fees remain unpaid for 90 days following the suspension date, the Company reserves the right to refer your account to collections. 

You are required to complete all payments for the subscription period you committed to at purchase. At the end of the subscription period, the subscription service will auto-renew on a monthly or annual basis and may be canceled at any time through the membership. If any payment is returned unpaid or the payment method is rejected during the subscription period, the Company or its service providers reserve the right to collect any applicable fees as permitted by law.

You may cancel your membership at any time through the member settings on our website or by notifying us via email at [email protected]. Upon cancellation, you will continue to have access to the membership benefits until the end of the current billing period.

 

Chargebacks. By attempting a chargeback with your financial institution, you are expressly agreeing to pay the full cost of your original purchase, plus any fees or associated costs incurred by the Company. We have the right to present these Terms to your financial institution, any payment processing company and/or investigating agency concerning the attempted chargeback or financial dispute.  

Promotions + Discounts. We may occasionally market and/or advertise promotions, discounts, limited time offers, and/or bonuses (“Promotions”) to potential customers. You are entitled to take advantage of any active Promotions when you purchase our Products. Promotions are offered manually and/or through automated campaigns at any given time and are not guaranteed to be available when you make a purchase through the Website. We reserve the right to change or alter any Promotions at any time and at our sole discretion.  If you made a purchase of our Products prior to any associated Promotions, we are unable to honor the new offer, give you store credit, return a portion of your purchase, etc.

License for Use. By purchasing Products through our Website, you are agreeing to the Terms of Purchase, and in return, we are providing you with a limited, non-transferable, non-exclusive, revocable, personal-use license (“License”) to use the Products by yourself only. Sharing, copying, reproducing, modifying, publishing, selling, or otherwise distributing the Products, whether publicly or privately, is expressly prohibited. You may, however, copy or print instructional materials, information, and guides within the Products for personal use, provided that all original formatting, copyright and trademark notices, and branding remains intact. Your limited license allows you to use the Products and any associated materials for yourself only.

Intellectual Property. The Company owns and retains all rights, titles, and interests in and to the Products.  Nothing in these Terms transfers any intellectual property ownership beyond the limited license described in the above section, and we reserve all rights not expressly granted to you. 

Consent to Use. By submitting reviews, images, comments, testimonials, or tags (“Submissions”) to us on any platform including, but not limited to social media, surveys, and online reviews, you are by default granting us a commercial license and voluntarily releasing us to use your Submissions for any reasonable future business use. Videos or pictures submitted through the membership platform will only be posted on social media when granted express permission by the parent or guardian. 

Age Limitations. You acknowledge you are able to perform any and all of the obligations required under these Terms of Purchase.  By submitting payment or otherwise enrolling through the Website, you warrant that you meet all legal age limits in your jurisdiction that are required to use this Website and/or purchase Products.

Changing Terms. We reserve the right to update and revise these Terms at any time without express notice to you.  Your continued use of the Products and Website after we have updated the Terms of Purchase indicates your acceptance and agreement to the changes.

Privacy + Protection of Personal Information. We respect your privacy and are committed to protecting it. We may use certain information that we collect from you to operate the Company and provide our Products. This information may include, but is not limited to, your name, email address, and payment information. We collect this information to fulfill your orders, manage your account, and if you agree, to email you about other products and services we think may be of interest to you. We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information. We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential.

Error in Store Presentation. We strive to present information that is published correctly and update the Website regularly in a way that allows us to correct any resulting errors.  However, any of the content on the Website may, at any given time, be incorrect or out-of-date. We reserve the right to make changes to Product prices, specifications, processes, Promotions, availability, and to the Website as a whole at any time under any circumstance.

Termination of Use. We may terminate your account or restrict your use of the Tot Spot Membership at any time for any reason.  Under these Terms, you understand that you are responsible for any orders and purchases you make or charges you incur prior to such termination. The company may change, discontinue, or otherwise suspend the Website for any reason, at any time, and without prior notice to the Purchaser.

Limitation of Liability. The Company is in no way liable to the Purchaser or any other third party for any and all damages including, but not limited to, punitive or exemplary damages or those resulting from negligence relating to these Terms, regardless of whether the Purchaser was advised of such damages, the foreseeable nature of the damages, and the legal or equitable theory upon which the claim for damages is based. 

Further, the Purchaser agrees to indemnify, defend, and hold harmless the Company, its officers, employees, agents, and affiliates from any claims, liabilities, expenses, or damages, including legal fees and costs, arising out of or in any way connected with your access to or use of the Products and Services.

This Limitation of Liability provision does not purport to affect any liability that cannot be excluded or limited under the law.

Maximum Damages. Our entire maximum liability and your sole remedy for any actions or claims shall be limited to the actual amount paid by you for the Products you have purchased through the Website.

Binding Arbitration. In the event there is a dispute between the Parties that cannot be brought to an amicable mutual understanding, the Parties understand and agree that such dispute will be handled through binding arbitration in alignment with the rules of the American Arbitration Association. The Parties understand that they will be bound by any decision rendered by the arbitrator and/or arbitration proceedings. The arbitration itself will be held in Bergen County, NJ. If the arbitration is unable to move forward in the designated jurisdiction, the Company will unilaterally elect another venue for the arbitration. The Parties will equally share in the costs and expenses of arbitration and any related proceedings.

Notices. We may provide notice to you by: (i) sending a message to the email address provided by you, or (ii) by posting through the membership platform . Notices sent by email will be effective at the time of sending and notices posted to the membership will be effective upon posting. You may provide notice to the Company by email to Tots On Target LLC  at [email protected] Notices provided by email will be effective upon actual receipt of the notice.

Severability + No Waiver. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court with jurisdiction, all other provisions set forth in these Terms will remain valid and enforceable. By failing to enforce any right or provision of these Terms, we are not waiving the right or ability to enforce the same rights or provisions in the future. Any right or provision in these Terms will only be considered waived if done so in writing by an authorized representative of the Company.

Transfer + Assignment. You may not transfer or assign any of your rights under these Terms to any third party without the express written consent of the Company. 

Force Majeure. To the extent that any failure or delay in our delivery of the Products under these Terms is caused by or results from acts or circumstances beyond our reasonable control, we will not be liable or responsible to you and the same will not be considered a breach of these Terms.  Such acts or circumstances beyond our reasonable control could include, without limitation, acts of God, fire, flood, earthquake, natural disasters, cyber-attacks, terrorism, revolution, insurrection, civil unrest, national emergency, epidemic, pandemic, labor disputes, supply chain restraints or delays in obtaining suitable materials, materials breakdown, telecommunications breakdown, or power outage.

Headings for Convenience Only. The headings in these Terms are included for convenience and reference, and are not meant to describe, define, or limit the scope or intent of any provision.

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the transactions contemplated hereby shall be instituted exclusively in the federal courts of the United States or the courts of the State of New Jersey in the location where the Company maintains its principal place of business. The Purchaser consents to the jurisdiction of such courts and waives any objection to the laying of venue of any litigation in said courts and claims that such litigation has been brought in an inconvenient forum.

Entire Agreement + All Rights Reserved. In concluding these Terms, you understand and acknowledge that these Terms constitute the final agreement and supersede all others regarding the purchase, sale, and use of any Products and the use of the Website. The Company reserves any and all rights not expressly granted in these Terms.