Terms of Use

Welcome. These Terms of Use (“Terms”) are a legal agreement between you (“you,” “your,” or “User”) and TMF FITUNATE LLC (“we,” “us,” or “our”), an Illinois limited liability company, governing your use of our website and every product, service, and piece of content we make available through it, including any paid membership, consulting and advisory services, our shop, our blog, our newsletters, and our podcasts (collectively, our “Offerings”).

We operate under the Fit Powerfully™ family of brands, including Studio Fit Powerfully™. We may market, describe, or refer to our membership, services, community, or other Offerings under different names or descriptors from time to time, and we may expand, narrow, or change who our Offerings are designed for and what subjects they cover. These Terms are written to apply regardless of what we call a particular Offering or how our audience or subject matter evolves.

By using our website or any of our Offerings, you agree to these Terms, along with our Privacy Policy, Disclaimer, and, where applicable, our Community Guidelines, each of which is incorporated into these Terms by reference. If you do not agree, please do not use our website or Offerings.

1. Eligibility

Our website and Offerings are intended for individuals eighteen (18) years of age or older, wherever in the world you are located. By using our website or any Offering, you represent that you are at least eighteen and that your use complies with the laws that apply to you in your own location.

2. Changes to These Terms

We may update these Terms at any time, at our discretion, by posting the revised version on our website and updating the “Last Updated” date above. Changes are effective when posted. Your continued use of our website or Offerings after a change is posted means you accept the change. We encourage you to review these Terms periodically.

3. Our Offerings

We offer a variety of products, services, and content, which may include, without limitation, a paid membership program, business consulting and advisory services (including business audits, strategy intensives, focused engagements, and ongoing advisory retainers), digital and physical products available through our shop, essays and blog articles, podcast episodes (both public and member-only), newsletters and other communications, live or virtual gatherings, and any other offerings we introduce from time to time. These Terms apply to all of our Offerings, unless a specific Offering states different terms at the time of purchase or access, in which case the specific terms control for that Offering only, and only to the extent of the difference.

4. Not a Law Firm; No Attorney-Client Relationship; No Legal Advice

TMF FITUNATE LLC is not a law firm, and neither Fit Powerfully™ nor Studio Fit Powerfully™ is a law firm or a provider of legal services. Although the founder of our company is a licensed attorney, she is not your attorney, and nothing on our website, in our Offerings, in our content, or in any consulting or advisory engagement creates an attorney-client relationship between you and her, or between you and TMF FITUNATE LLC.

Our Offerings address legal-adjacent business topics, including intellectual property, contracts, business structure, and regulatory compliance, for educational and informational purposes only. Nothing we provide is legal advice, and nothing we provide is a substitute for advice from a licensed attorney who has been engaged to represent you, knows the specific facts of your situation, and is licensed in your jurisdiction. If you need legal advice, consult a licensed attorney in your jurisdiction who practices in the relevant subject matter. Please also see our Disclaimer, which is incorporated into these Terms by reference.

5. Membership

Some of our Offerings are structured as a paid membership program (“Membership”), currently marketed as Studio Fit Powerfully™. Membership provides access to a private membership platform, teaching content, digital resources, tools, communications, member-only audio, and live or virtual gatherings, as described on our enrollment pages at the time you join.

We may offer a limited founding-tier enrollment period with pricing that is locked in for as long as your Membership remains continuous and in good standing, as stated to you at the time you enroll. Once a founding-tier enrollment period closes, new members join at the standard rate then in effect. If your Membership lapses, is cancelled, or is suspended for any reason and for any length of time, you may lose eligibility for founding-tier pricing, and if you rejoin later you will do so at the standard rate then in effect unless we state otherwise in writing.

Membership tiers, what each tier includes, and current pricing are described on our enrollment pages at the time you join. We may change what is included in a tier, or its price, for future billing cycles, and we will provide reasonable notice of a material change affecting your own tier.

Your Membership is personal to you and to the business you own or operate. You agree that any registration information you provide is accurate and current. You may not share your login credentials, transfer your Membership, or allow another person to access Membership Offerings through your account, including employees, contractors, or business partners, unless a specific tier expressly permits additional seats. We may suspend or terminate an account used in violation of this section.

6. Consulting and Advisory Services

Some of our Offerings are delivered as professional business consulting and advisory services (collectively, “Services”), which may include, without limitation, business audits, strategy intensives, focused engagements, ongoing advisory retainers, and similar structured engagements we offer now or in the future, whether delivered virtually or in person. This section applies to all Services, under whatever name a particular engagement is marketed.

a. Scope. The scope, deliverables, session count, and duration of each Service are described on the applicable sales or booking page, order form, or written engagement confirmation at the time you purchase (the “Engagement Description”). The Engagement Description is incorporated into these Terms for that engagement. Work outside the Engagement Description requires a separate purchase or a written scope addition.

b. Your Responsibilities. Our Services depend on the information you provide. You agree to complete any intake questionnaire honestly and completely, to provide requested documents and information in a timely manner, and to make yourself reasonably available for scheduled sessions. You represent that the information and materials you provide are accurate and that you have the right to share them with us. The quality and completeness of our findings, roadmaps, and recommendations depend on the accuracy and completeness of what you provide, and we are not responsible for gaps attributable to incomplete or inaccurate information.

c. Scheduling and Rescheduling. Sessions are scheduled at mutually agreed times through our scheduling system. You may reschedule a session once at no charge with at least forty-eight (48) hours advance written notice. A session cancelled with less than forty-eight hours notice, or a session you miss without notice, is forfeited, and any make-up session is offered at our discretion and may carry an additional fee. If we need to reschedule, we will provide as much notice as reasonably possible and will offer replacement times promptly. Unless the Engagement Description states otherwise, all sessions and deliverables included in a Service must be used or completed within twelve (12) months of purchase, after which unused components expire without refund.

d. Fees, Payment, and Travel. Fees for Services are stated in the Engagement Description and are payable in full at the time of purchase, unless the Engagement Description or a written invoice provides for installments or other payment timing. Work does not begin, and sessions are not scheduled, until payment (or the first required installment) has been received. For in-person engagements outside our home metropolitan area, travel expenses (including transportation, lodging, and ground transport) are billed in addition to the engagement fee; we will provide a good-faith estimate in advance and will document actual travel expenses invoiced.

e. Retainers. Ongoing advisory retainers are billed in advance on a recurring monthly basis and may carry a minimum commitment period stated in the Engagement Description. After any minimum commitment period is satisfied, you may cancel a retainer effective at the end of the then-current monthly cycle by providing written notice before your next billing date. Retainer fees already billed are non-refundable, and unused retainer time does not roll over unless the Engagement Description states otherwise.

f. Refunds for Services. Because our Services involve reserved professional time and customized work, fees for Services are non-refundable once work has begun. Work is considered begun at the earliest of: our review of your completed intake materials, the delivery of any pre-session analysis or preparation, or the start of your first scheduled session. If you cancel an engagement in writing before work has begun, we will refund your payment less a fifteen percent (15%) administrative fee, or less any non-refundable deposit stated in the Engagement Description, whichever the Engagement Description specifies. Prepaid travel expenses that cannot be recovered are non-refundable.

g. Deliverables and License. Upon full payment, we grant you a non-exclusive, non-transferable, perpetual license to use the reports, roadmaps, templates, and other deliverables we prepare for you (collectively, “Deliverables”) for the internal purposes of the business identified in your engagement. We retain all right, title, and interest in our underlying methodologies, frameworks, audit structures, templates, questionnaires, and know-how, including as embodied in the Deliverables. You may not resell, redistribute, publish, sublicense, or otherwise commercialize the Deliverables or our methodologies, use them to provide services to third parties, or use them to develop competing products, services, or training materials.

h. Confidentiality. We will treat non-public business, financial, and operational information you share with us in connection with a Service as confidential, and we will not disclose it to third parties except to our own service providers as needed to deliver the Service, as required by law, or with your permission. We will not use your name, business name, or engagement results in testimonials, case studies, or marketing without your consent. You agree to keep confidential any non-public methods, materials, or business information of ours that you learn through an engagement.

i. Nature of the Services; No Professional Advice. Our Services consist of business education, analysis, strategy, and implementation support. They are not legal, tax, accounting, financial planning, investment, insurance, or medical services, and no engagement creates an attorney-client, accountant-client, fiduciary, or health-provider relationship. You remain solely responsible for evaluating our findings and recommendations, for all decisions you make in your business, and for engaging licensed professionals where your situation requires them.

j. No Guarantee of Results. We do not guarantee any specific financial, operational, legal, audience-growth, or other business result from any Service. Please see the Disclaimer and the results provisions of these Terms.

7. Shop Purchases

Our shop offers digital products and, where noted, physical products for purchase. Digital products are typically delivered immediately upon purchase and, once delivered, are non-refundable unless the specific product states otherwise at the time of purchase. If we offer a physical product, additional terms regarding shipping, delivery, and returns for that product will be provided at checkout and will control over any conflicting general statement in these Terms.

8. Blog, Podcasts, and Editorial Content

Our essays, blog, newsletters, podcasts, and any other editorial or opinion content we publish reflect our own views and, where applicable, the views of any guest, and are provided for informational and educational purposes only. A guest appearance does not imply our endorsement of that guest’s business, statements, or claims. Any sponsorship, paid promotion, or affiliate relationship connected to our content will be identified consistent with applicable Federal Trade Commission guidance.

9. Your Conduct

Your use of any membership platform, community space, live or virtual gathering, comment section, or other interactive space we offer is governed by our Community Guidelines, where we have posted them, which are incorporated into these Terms by reference. We reserve the right, in our sole discretion, to remove content, suspend access, or terminate your account, Membership, or engagement for conduct that violates our Community Guidelines or these Terms, without refund of fees already paid.

10. Prohibited Uses

You may use our website only for lawful purposes and in accordance with these Terms. You agree not to use our website:

• In any way that violates any applicable federal, state, local, or international law or regulation.
• To exploit, harm, or attempt to exploit or harm minors in any way.
• To transmit or procure the sending of any advertising or promotional material without our prior written consent, including unsolicited or unauthorized advertising, spam, or similar solicitation.
• To impersonate or attempt to impersonate us, our team, another user, or any other person or entity.
• To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the website, or that may harm us or other users of the website.

You also agree not to:

• Use the website in any manner that could disable, overburden, damage, or impair it, or interfere with any other party’s use of the website.
• Use any automated device, process, or means, including any bot, scraper, or crawler, to access the website for any purpose except as expressly permitted by us in writing.
• Use any manual process to monitor or copy any Content for any purpose not expressly authorized in these Terms, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the website, the server on which it is stored, or any server, computer, or database connected to the website.
• Attack the website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the website.

We reserve the right, without notice, to remove or disable access to any Content, suspend or terminate your account, and pursue any available legal remedy if we believe, in our sole discretion, that you have violated this section.

11. Content and Intellectual Property

“Content” means any communications, newsletters, articles, essays, blog posts, podcast episodes, digital downloads, templates, guides, workbooks, worksheets, audit frameworks, teaching materials, audio or video recordings, live or virtual gatherings, and any other material we make available through our website or Offerings.

Our Content is offered for informational and educational purposes and is not a promise or guarantee of any particular experience, result, or outcome. We own all right, title, and interest in our website and our Content, including all intellectual property rights. No right, title, or interest in or to our website or any Content is transferred to you under these Terms. All rights not expressly granted to you in these Terms are reserved by TMF FITUNATE LLC.

Some of our Content, tools, and Deliverables may be developed or delivered with the assistance of artificial intelligence tools, as described in the Artificial Intelligence Disclosure section of our Disclaimer. All such materials remain our Content and our property for all purposes under these Terms, and your license to use them is the same as for any other Content, regardless of the tools used to produce them.

We do not authorize the use of any automated tool, including any web crawler, scraper, or bot, to extract, mine, or otherwise use our Content for text and data mining, machine learning, or the training of any artificial intelligence or similar model. To the extent applicable law provides an exception or limitation permitting text and data mining of publicly available content (including, for example, Article 4 of EU Directive 2019/790), we expressly reserve our rights and opt out of that exception with respect to all of our Content.

12. Licensing: Personal and Internal Business Use Unless Stated Otherwise

Unless a specific product, resource, or Offering expressly states otherwise at the time of purchase or access, we grant you a limited, revocable, non-exclusive, non-transferable license to use our Content for your own personal use and for the internal use of the single business you own or operate. You may implement what you learn in your own business. You may not resell, redistribute, publicly reproduce, sublicense, share with other business owners, or create derivative works from our Content, or use it to create courses, trainings, templates, or other materials for third parties, without our prior written consent.

Certain products may be expressly designated, at the time of purchase, for commercial use, client use, or resale, for example done-for-you templates, private label or white-label content, or resources intended for use with your own clients, members, or customers. Where a specific product includes such a license, the terms stated for that product control over this general restriction, but only to the extent of the specific rights granted for that product. Every other restriction in these Terms continues to apply, including that you may not claim authorship of, or remove our attribution from, content we have not expressly licensed for that purpose.

13. Member and Customer Content

If we offer a membership platform, community space, forum, comment section, or similar space, you may be able to share comments, questions, business updates, or other content of your own (“Your Content”). You retain ownership of Your Content. By posting Your Content, you grant us a royalty-free, worldwide, non-exclusive, sublicensable license to display, reproduce, and share it in connection with our Offerings and, unless you tell us otherwise in writing, in our marketing and promotional materials. You may ask us to stop using a specific piece of Your Content by emailing the address in Section 34, and we will honor that request going forward. This section does not override the confidentiality commitments for consulting engagements in Section 6(h), which control for information shared within a Service.

Content you share within a membership platform, at a live or virtual gathering, or in any other interactive space may be visible to other members or attendees, and is not private as against them. Please also see our Community Guidelines regarding the confidentiality members owe one another.

Live or virtual gatherings we host may be recorded for our internal records and for future use in connection with our Offerings, including replays for members. If you would prefer not to be recorded or featured, contact us before the gathering and we will do our best to accommodate your request.

14. Copyright Complaints

We respect the intellectual property rights of others and expect users of our website to do the same. If you believe that any Content on our website infringes your copyright, please send a notice to the email in Section 34 that includes: a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; identification of the copyrighted work you claim has been infringed; identification of the material you claim is infringing, with enough detail that we can locate it on the website; your contact information, including your address, telephone number, and email address; a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

If you believe your own content was removed or disabled by mistake or misidentification, you may send us a counter-notification containing comparable information, and we will follow the process required under Section 512 of the Digital Millennium Copyright Act before restoring the material. We may terminate the accounts of users who are determined to be repeat infringers.

15. Linking to Our Website

You may link to our homepage, provided you do so in a way that is fair and legal, does not damage or take advantage of our reputation, and does not suggest any form of association, approval, or endorsement by us without our consent. You may not frame our website on any other site, or link to any page other than our homepage, without our prior written consent. We reserve the right to withdraw linking permission at any time.

16. Links from Our Website

Our website, blog, newsletters, and podcasts may include links to third-party websites, resources, or content for your convenience. We do not control and are not responsible for the content, accuracy, or practices of any linked third-party site, and including a link does not imply our endorsement of it. You access any linked third-party site at your own risk.

17. Third-Party Services

We may use third-party platforms and service providers to help deliver our Offerings, including for membership hosting and course delivery, community hosting, live or virtual events and immersive gatherings, audio or video hosting and private podcast delivery, email and other communications, publishing, scheduling, and payment processing. These providers operate independently of us and are governed by their own terms and privacy practices. We are not responsible for their availability, security, or practices. Please see our Privacy Policy for more detail, including how to request a current list of our primary service providers.

18. Third-Party Tracking Technologies

Our website and communications may use third-party analytics, advertising, and tracking technologies. Please see our Privacy Policy for detail on the categories of technologies we use, how they may track activity across other websites, and your choices regarding them.

19. Payments, Billing, and Auto-Renewal

Fees for Membership, Services, and other purchases are processed through our third-party payment processing partners. Membership and retainer fees are billed in advance on a recurring basis according to the billing cycle you select at enrollment, and your Membership or retainer will automatically renew at the end of each billing cycle at the rate then in effect for your tier or engagement, unless you cancel before the renewal date.

You authorize us and our payment processing partners to charge your payment method for each renewal and for any other purchase you make. You must keep your billing information current. If a payment fails, we may suspend your access until payment is resolved. In the event of a chargeback or payment dispute, you agree to forfeit access to the Offering in question, and we reserve the right to present proof of your access and these Terms to the financial institution reviewing the dispute. Unpaid amounts may be referred to collections, and you will be responsible for the outstanding amount plus reasonable collection costs.

20. Cancellation and Refunds

You may cancel a Membership at any time through your account or by emailing the address in Section 34. Cancellation takes effect at the end of your current billing cycle. You will retain access through the end of the cycle you already paid for, and we do not provide prorated refunds for the unused portion of a billing cycle. If you cancel a founding-tier Membership, you may lose your locked founding rate as described in Section 5.

Because access to Membership Offerings is granted for the full billing cycle in advance, Membership fees are otherwise non-refundable. We encourage you to explore our public essays, podcast, newsletter, and other free resources before enrolling so you can become familiar with our teaching style and perspective. Digital products purchased through our shop are also non-refundable once delivered, unless the specific product states otherwise at the time of purchase. Refunds for consulting and advisory Services are governed by Section 6(f). If you were removed from an Offering for violating these Terms or our Community Guidelines, no refund will be issued for the remainder of your then-current billing cycle.

21. EU and UK Right of Withdrawal

If you are a consumer located in the European Union, the European Economic Area, or the United Kingdom, you generally have the right to withdraw from a distance contract with us within fourteen (14) days of the date of purchase, without giving any reason, consistent with the EU Consumer Rights Directive (2011/83/EU) and, for UK consumers, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

This right of withdrawal does not apply to digital content not supplied on a tangible medium once performance has begun with your prior express consent and your acknowledgment that you thereby lose your right of withdrawal, consistent with Article 16(m) of the Consumer Rights Directive. At checkout, we ask you to expressly consent to immediate access to digital content and resources and to acknowledge that doing so waives your right of withdrawal once delivery or access begins. For a Membership, consulting Service, or other ongoing service where you have expressly requested that performance begin during the withdrawal period, your right of withdrawal is limited consistent with Article 16(a), and if you withdraw after performance has begun, you may be required to pay for the portion of the service already provided.

Where your right of withdrawal applies and has not been waived as described above, you may exercise it by emailing us at the address in Section 34 within fourteen (14) days of your purchase. We will reimburse you within fourteen (14) days of receiving your withdrawal notice, using the same payment method you used for the original purchase, unless you expressly agree otherwise.

22. Accessibility

We are committed to making our website usable by as many people as possible, including people with disabilities. We aim to align our website with the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA, and to support the goals of the Americans with Disabilities Act (ADA) and, for users in the European Union, the European Accessibility Act (EAA). Accessibility is an ongoing effort, and we cannot guarantee that every page or piece of Content will meet every guideline at all times. If you experience difficulty accessing any part of our website or need a specific accommodation, please contact us at the address in Section 34 and we will work with you to provide the information or functionality you need in an alternative way.

23. Disclaimer of Warranties

OUR WEBSITE AND ALL OFFERINGS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR WEBSITE OR ANY OFFERING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR WEBSITE AND ANY OFFERING. PLEASE ALSO SEE OUR DISCLAIMER, WHICH IS INCORPORATED INTO THESE TERMS BY REFERENCE.

24. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, OUR WEBSITE OR ANY OFFERING, REGARDLESS OF THE LEGAL THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO OUR WEBSITE OR ANY OFFERING WILL NOT EXCEED THE TOTAL FEES YOU PAID TO US DURING THE BILLING CYCLE IN WHICH THE EVENT GIVING RISE TO THE CLAIM OCCURRED, OR, IF NO BILLING CYCLE OR OTHER SPECIFIED TIME PERIOD APPLIES TO THE OFFERING AT ISSUE (FOR EXAMPLE, A ONE-TIME SHOP PURCHASE OR A FLAT-FEE CONSULTING ENGAGEMENT), THE AMOUNT YOU PAID FOR THE SPECIFIC PRODUCT, SERVICE, OR OFFERING GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND NOTHING IN THIS SECTION LIMITS ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FRAUD, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.

25. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS TMF FITUNATE LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND AFFILIATES FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, OR FEES, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR RELATING TO YOUR VIOLATION OF THESE TERMS, YOUR USE OF OUR WEBSITE OR ANY OFFERING, YOUR IMPLEMENTATION OF ANY TEACHING, RECOMMENDATION, OR DELIVERABLE IN YOUR OWN BUSINESS, OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.

26. Trademarks

Fit Powerfully™ and Studio Fit Powerfully™ are trademarks of TMF FITUNATE LLC. We may operate, market, or refer to our membership, services, community, or other Offerings under various names or descriptors from time to time, each of which remains part of the Fit Powerfully™ family of brands owned by TMF FITUNATE LLC regardless of the specific name in use at any given time. Nothing in these Terms grants you any right to use Fit Powerfully™, Studio Fit Powerfully™, any name or descriptor we use for our Offerings, or any of our other trademarks or logos, without our prior written permission. Any use of our name, marks, or Content that we do permit must include clear attribution to Fit Powerfully™ and TMF FITUNATE LLC as the source, in a form we approve in advance.

27. Arbitration and Class Action Waiver

Except as described below, any dispute arising out of or relating to these Terms, our website, or any Offering will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual action in small claims court. The arbitration will be conducted in Illinois, or another mutually agreed location, or by videoconference where permitted.

YOU AND WE EACH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than arbitration, you and we each waive any right to a jury trial.

You may opt out of this arbitration provision by emailing us at the address in Section 34 within thirty (30) days of first accepting these Terms, stating that you decline to be bound by it. If you opt out, both you and we retain the right to bring a dispute in the courts described in the Governing Law section below.

This arbitration provision does not limit our right to seek injunctive or other equitable relief in court for any actual or threatened infringement, misappropriation, or violation of our intellectual property rights.

If you are a consumer located in the European Union, European Economic Area, or United Kingdom, nothing in this section limits any mandatory consumer protection you are entitled to under the law of your country of residence, including your right to bring a claim before the courts of your own country.

28. Governing Law

These Terms are governed by the laws of the State of Illinois, USA, without regard to conflict of law principles, regardless of your country or state of residence, except to the extent a mandatory consumer protection law of your own country of residence applies and cannot be waived. Subject to the Arbitration and Class Action Waiver section above, any dispute not subject to arbitration is subject to the exclusive jurisdiction of the state and federal courts located in Cook County, Illinois, and by using our website or Offerings you consent to personal jurisdiction there.

29. Entire Agreement

These Terms, together with our Privacy Policy, Disclaimer, any applicable Engagement Description, and, where applicable, our Community Guidelines, constitute the entire agreement between you and us regarding our website and Offerings, and supersede any prior agreement on this subject.

30. Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect, and the unenforceable provision will be interpreted to best reflect its original intent.

31. No Waiver

Our failure to enforce any provision of these Terms is not a waiver of that provision or of our right to enforce it later.

32. Assignment

These Terms are not assignable or transferable by you. We may assign these Terms, in whole or in part, at any time without notice to you.

33. Electronic Communications

By using our website or Offerings, you consent to receive communications from us electronically, and you agree that electronic communications satisfy any requirement that a notice be in writing.

34. Contact

Questions about these Terms can be sent to support@fitpowerfully.com or by mail to TMF FITUNATE LLC, PO Box 805732, Chicago, IL 60680.