Terms of Service
These are the Terms and Conditions for signing up with contactors (Coaches) at TomanekTrained, LLC through Https://www.TomanekTrained.com.
Welcome to TomanekTrained, LLC
These terms and conditions outline the rules and regulations for the use of TomanekTrained, LLC’s Website.
TomanekTrained, LLC is located in:
Columbus, Ohio, United States
By accessing this website, we assume you accept these terms and conditions in full. Do not continue to use TomanekTrained, LLC’s website if you do not accept all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “Purchaser”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions.
“The Company”, “Ourselves”, “We”, “Our”, “TomanekTrained, LLC,” “Affiliates,” “Contractors,” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client
or ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of United States. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, TomanekTrained, LLC and/or it’s licensors own the intellectual property rights for all material on TomanekTrained, LLC. All intellectual property rights are reserved. You may view and/or print pages from https://TomanekTrained.com for your own personal use subject to restrictions set in these terms and conditions.
You must not:
- Republish material from https://TomanekTrained.com
- Sell, rent or sub-license material from https://TomanekTrained.com
- Reproduce, duplicate or copy material from https://TomanekTrained.com
Redistribute content from TomanekTrained, LLC (unless content is specifically made for redistribution).
Hyperlinking to our Content
- The following organizations may link to our website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors when they list us in the directory may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.
- These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
- We may consider and approve in our sole discretion other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
- dot.com community sites;
- associations or other groups representing charities, including charity giving sites,
- online directory distributors;
- internet portals;
- accounting, law and consulting firms whose primary clients are businesses; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party’s site.
If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to Info@TomanekTrained.com. Please include your name, your organization name, coaching services, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response. Most replies are within 48 hours.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator (Web address) being linked to; or
- By use of any other description of our Website or material being linked to that makes sense within the context and format of content on the linking party’s site.
No use of TomanekTrained, LLC’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Website.
Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Website. You agree to immediately remove all links to our Website upon such a request. We also
reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Website, you agree to be bound to and abide by these linking terms and conditions.
Removal of links from our website
If you find any link on our Website or any linked website objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
We shall have no responsibility or liability for any content appearing on your Website. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.
To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury resulting from negligence;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Terms of Sale
We do our best to ensure that information on the site is complete, accurate and current. Despite our efforts, there may occasionally be inaccuracies, incompleteness or out of date information. All specifications, products, downloads, services, and descriptions – prices of products on the site are all subject to change at any time without notice. We make all reasonable efforts to accurately display the services or downloads made through TomanekTrained, LLC.
By placing an order with TomanekTrained, LLC through www.TomanekTrained.com with us, you are (i) offering to purchase a product download or (ii) services from our coaching contractors at TomanekTrained, LLC. Through this purchase, you are (iii) representing that you are of legal age to form a binding contract and (iii) represent that all information that you provide to us in connection with such order is true and accurate and the authorized user of the payment method provided through our online processor PayPal.com.
The receipt by you does not constitute our acceptance of an order into the coaching roster programs through TomanekTrained, LLC. We retain the right to refuse any services and requests made by you.
TomanekTrained, LLC uses PayPal.com [Payment Processor] business services as the sole payment processor to accept payments from users of its services. By placing an order with TomanekTrained, LLC you are also accepting all policies governed by PayPal.com and its services. Orders placed through TomanekTrained, LLC are entered into a recurring subscription contract through the payment processor and us. No refunds are returned once payments and submissions are completed by the person placing an order; you, nor on recurring orders. No refunds if you are terminated from TomanekTrained, LLC due to violations of these terms of service. Clients are responsible for their suspension and cancellations through the payment processor.
Refunds: No refunds are provided through TomanekTrained, LLC. Disputes may be opened with the payment processor to utilize their services for arbitration. Contractor, affiliates & clients may utilize a third party to arbitrate with the purchaser to reach an agreement as necessary prior to external arbitration.
It is the client’s responsibility if discontinuation of services through TomanekTrained, LLC, and its affiliates & contractors that they make it known immediately prior to subscription / recurring payment end date with the business prior to billing. It is the purchaser’s responsibility to make cancelations with the payment processor to ensure that recurring payments are not drawn again.
Payment terms with TomanekTrained, LLC through PayPal are as follows:
Services purchased through www.TomanekTrained.com are set as (i) completed, (ii) payment pending (iii) canceled (iii) suspended. Payments made through PayPal are considered (i) verified, (ii) unverified. Accounts are typically made through eChecks with PayPal until the banking and routing information is set through PayPal accounting features payments must clear prior to training services beginning.
Terms of Services by Contractors – Disclaimer of Liability
By placing an order of service with regards to online coaching services you are working with a contractor as part of TomanekTrained, LLC. This disclaimer of liability applies to any damages or injury caused by a failure of performance, error, omission, interruption, deletion or unauthorized access of materials through TomanekTrained, LLC. Through purchasing services through TomanekTrained, LLC it is still the client’s responsibility to ensure best practices are followed, rules and regulations of local gyms.
Neither the services nor any of its agents, coaches, contractors, affiliates or providers shall be liable for any direct, indirect incidental, special, or consequential damages to you arising out of the use of its online coaching services.
Tomanek Trained Gear
Tomanek Trained Gear is licensed TomanekTrained, LLC products and services both the USA and Canada for North America right now. Users are not allowed to use, print, or manipulate the logo or colors.
All products are pre-checked for quality assurance prior to shipping. If there are issues from the shipping carrier and once it leaves the printing facility it is the fault of the carrier and issues should be reviewed with them. Zero refunds will be made unless the originating issue occurred from TomanekTrained, LLC. Each item is reviewed individually.
TomanekTrained, LLC ensures all products from print, color and sizing are made accurate to order. It is the client’s (buyer/s) responsibility to check the address, payment, and shipment instructions prior. Buyers have up to 14 days to voice their concerns if the product has defects once received.
Since 2013 when TomanekTrained, LLC was formed bully will never have a place within our affiliates, clients, or vendors. We stand true to our philosophies of caring for others mentally, physically, and spiritually.
Bullying is defined as;
- Threatening, humiliation, or intimidation of others in verbal or physical behaviors.
- Sabotage of others in the prevention of getting work done.
Examples of inappropriate behavior;
- Verbal bullying. Slandering, ridiculing or maligning a person or his or her family; persistent name-calling that is hurtful, insulting or humiliating; using a person as the butt of jokes; abusive and offensive remarks.
- Physical bullying. Pushing, shoving, kicking, poking, tripping, assault or threat of physical assault, damage to a person’s work area or property.
- Gesture bullying. Nonverbal gestures that convey threatening messages.
- Exclusion. Socially or physically excluding or disregarding a person in work-related activities.
As a team, we support and include all individuals.
Use of Data & Marketing
By signing up with TomanekTrained, LLC your information may be used within and outside of TomanekTrained, LLC for purposes of marketing, email advertisements and campaigns. All members are obligated to provide true and accurate information when signing up through TomanekTrained, LLC. You and us, are utilizing services outside of TomanekTrained, LLC apps for certain features and services. Therefore, acknowledgement through signup and agreement also bounds you to the terms and services of our independent service vcndors not limited to the following:
The above applications are for the main purposes of [Marketing, email advertisements and campaigns], [Payment processing] & [Google analytics], respectively.