Terms & Conditions

Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

General Disclaimer:

All Information and Photographs provided by TS Transformations Inc. are for general purposes only and are owned and operated by B TS Transformations Inc. Any and all information is not to be duplicated, published, or distributed in any form without prior written consent from TS Transformations Inc. Information provided on the Web and on all publications, brochures, packaging, labels, etc. is for general purposes only and designed to help you make informed decisions about your health and weight loss goals. Materials are not intended to substitute the advice from your physician or health-care professional. TS Transformations Inc. may choose to change the terms, conditions and operation at any time TS Transformations Inc cannot be liable for any damages of any kind related to your use of this product. All content is provided on an “as is” basis and your use of this product is at your own risk. Product bundles are for your personal use, and are not to be broken down and sold individually.

Weight-Loss Disclaimer:

The weight loss testimonials presented by TS Transformations Inc. apply only to the individuals depicted, cannot be guaranteed, and should not be considered typical. Your results may be greater than or less than those depicted on and can be influenced by other factors, including your metabolic rate, energy expenditure, and diet. As with any weight loss, health or fitness program, a sensible eating plan and regular exercise are required in order to achieve long-term weight loss. Always consult your physician before making any dietary changes or starting any nutrition, weight loss or exercise program. All Customer photographs and testimonial information are the property of TS Transformations Inc. and is not to be duplicated, published, or distributed in any form without prior written consent from TS Transformations Inc.

DSHEA/FDA/Safety Disclaimer:

The statements appearing on this Web site have not been evaluated by the Food and Drug Administration (FDA). These products are not intended to diagnose, treat, cure or prevent any disease. Pregnant or lactating women should not use these products. If you have or have had any other health/medical condition, please consult a physician before use. Please make sure that you are not allergic to any of the ingredients contained in this product(s); discontinue use and consult your doctor if any adverse reaction occurs, such as allergic reaction. Do not exceed recommended dose. Consult your physician before using this product or making any other dietary changes. NOT INTENDED FOR USE BY PERSONS UNDER THE AGE OF 18, KEEP PRODUCTS OUT OF THE REACH OF CHILDREN.

Limitation of Liability:

TS Transformations Inc shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if TS Transformations Inc has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Indemnification:

You agree to indemnify, defend, and hold harmless TS Transformations Inc, its officers, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

TS Transformations Inc Website Terms and Conditions

By using Our Website, You agree to these Terms and Conditions. We reserve the right, in Our sole discretion, to change, modify, add or remove portions of these Terms at any time. You should check these Terms periodically for changes. By using this Website after We post any changes to these Terms, You agree to accept those changes, whether or not You have reviewed them. If You do not agree to these Terms, You should not use Our Website and, if applicable, You should arrange to cancel Your registered user account or subscription with us.

PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE.

Definitions

“Xtreme” is a trademark of Bee-Xtreme LLC and TS Transformations Inc, and also refers to proprietary Weight Loss and Training programs created by and exclusively owned by TS Transformations Inc. As used herein, references to “Xtreme” as a party means and refers to Bee-Xtreme LLC and its owner(s), parent company(ies), affiliate entities, employees, and assigns.
“Member” refers to a person who has acquired a TS Transformations Inc membership subscription. “Membership” refers to a Member’s TS Transformations Inc subscription.
“Parties” mean TS Transformations Inc and You. TS Transformations Inc. and You are each a “Party.”
“Terms” mean and refer to the Terms and Conditions set forth herein.
“Trainer” means and refers to the TS Transformations Inc employee, agent, or contractor who will assist You with Your fitness goals, as further defined herein.
“We,” “Us,” and “Our” mean and refer to TS Transformations Inc .
“Website” means and refers to this and any other website operated by TS Transformations Inc.
“You” and “Your” means the Member who has executed this Agreement by acquiring a membership subscription.
Eligibility

By registering to use the Website, or procuring a Membership, You represent that You have reached the age of majority where you live. You further represent that that You have the Legal capacity to accept these Terms, and to use the Website

Payment Terms

You agree that You will NOT send credit card details to TS Transformations Inc directly and that ALL credit card transactions shall be processed through the Website. TS Transformations Inc cannot be held responsible for the security of, or the misuse of, credit card or other personal information. Members should be aware that further terms and conditions required by PayPal may apply, and can be found at www.paypal.com. TS Transformations Inc reserves the right to immediately terminate a Member’s account and/or service for any unpaid (in whole or part) period of Membership subscription (with or without notice). Termination of service in no ways relieves or excuses the Member from any obligation to pay outstanding charges or expenses. In the event TS Transformations Inc starts collection processes of any type, You will be Liable for all collection costs, including Legal fees and expenses.

In addition to any Fees, TS Transformations Inc may also charge applicable value added or other tax.

License

You have Our permission to electronically copy and print hard copies of pages from this web site for Your personal use only, and only to the extent necessary to place an order or shop with us. Any commercial use of such copies is strictly prohibited. Unless We give You written permission in advance, any other use of any Website, its content and its information, including Linking or framing to any Website, is strictly prohibited.

All aspects of Our Website is protected by USA and international copyright and trademark laws, including all design elements, text material. logos, taglines, and metatags. hashtags, photographic images, personal stories, TS Transformations Inc icons, video and audio clips, downloads. No material on any Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. The TS Transformations Inc trademark and logo are proprietary marks of TS Transformations Inc, and the use of those marks is strictly prohibited. Nothing herein gives You the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by TS Transformations Inc

User Communication/Authorization to use Photographs

TS Transformations Inc is pleased to hear from users and welcomes Your comments regarding Our services. You alone are responsible for any communication, message, and/or other content that You post. upload. submit. transmit or share with TS Transformations Inc on this Website, by electronic mail or otherwise, including but not limited to, any data, questions, comments, suggestions or the like (collectively ‘User Communications’).By transmitting or posting any User Communications. You represent and warrant that such User Communications are Your own original work and will not infringe or violate any copyright. trademark. trade secret. rights of privacy, rights of publicity or any other applicable laws. TS Transformations Inc does not endorse or sponsor any User Communications submitted by You or other Members.

You are prohibited from posting, uploading, submitting. sharing or transmitting any unlawful. threatening. libelous. defamatory. obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law. TS Transformations Inc will fully cooperate with any law enforcement authorities or court order requesting or directing TS Transformations Inc to disclose the identity of anyone posting any such information or materials. Subject to the terms and conditions set forth in Our Privacy Policy, all User Communications will be treated as non-confidential and nonproprietary information. Accordingly, please do not post. upload, submit or share any User Communications You wish to be kept confidential or for which You expect compensation. acknowledgment or attribution.

You grant TS Transformations Inc permission to use any and all photographs taken by TS Transformations Inc or its agents or employees, or submitted by You to TS Transformations Inc (hereinafter “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of TS Transformations Inc or any product or service sold and marketed by TS Transformations Inc. You agree that this authorization to use Photographs may be assigned by TS Transformations Inc to any other party. You agree that that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in TS Transformations Inc sole discretion. You agree not to charge a royalty or fee, and not to make any other monetary assessment against  TS Transformations Inc  in exchange for this Release and Assignment. You hereby release and forever discharge TS Transformations Inc from any and all liability and from any damages You may suffer as a result of the use of the Photographs. You further acknowledge and agree that this Release is binding upon Your heirs and assigns. You agree that this Release is irrevocable.

Termination

TS Transformations Inc reserves the right to terminate any Member’s Membership and/or service for any reason (including paid-for subscriptions and/or guest subscriptions) after providing e-mail notice to the Member.

No Medical Advice Provided

The content on this Website and any information (including but not Limited to: newsletters, social media, images, emails, online chats, and telephone calls, herein referred to as ‘information’) provided by TS Transformations Inc. is provided for informational purposes only, and is not intended to be a substitute for professional medical advice.

This dietary program is not intended for use by children under the age of 18. The dietary needs of minor children are different than adults. You should consult Your physician or other qualified health provider before beginning this or any other dietary program. At any time You have questions regarding a medical condition, You should seek the advice of Your physician or other qualified health care provider.

None of the contents of this Website or any information provided by TS Transformations Inc are intended to be relied upon for medical advice, treatment or diagnosis. Any opinions expressed on this Website or any information provided by TS Transformations Inc, are solely the opinions of the authors. TS Transformations Inc, their affiliated companies nor any of their employees assumes any liability for the contents of any materials provided on the Website or any information provided by TS Transformations Inc. Reliance upon any opinion or advice provided on the Website, via telephone, online chat. or emails at Your own risk.

Food Allergy Disclaimer

TS Transformations Inc makes every attempt to provide accurate nutrition and ingredient information for every product on Our menu. We take food safety very seriously: however, there is always a risk of cross-contamination. There is also a possibility that manufacturers of the commercial foods We use could change the formulation at any time, without notice.

Please be aware that Our facility handles nuts and foods that may contain nuts or nut oils.

Customers concerned with food allergies need to be aware of these risks and understand that the consumption of foods provided by TS Transformations Inc is at their own risk.

Trainer’s Obligations

The Trainer will use his/her skills and knowledge to design a safe program of exercise that will take into account Your Lifestyle, personal goals, fitness level, and medical history. The Trainer will provide coaching, supervision, advice and support to assist You in achieving Your goals. You understand that the results of any fitness program cannot be guaranteed by TS Transformations Inc or the Trainer, and that Your progress depends on Your individual effort. Accordingly, individual results may vary.

Links to Other Websites

This Site may contain links to other websites. TS Transformations Inc assumes no responsibility for the content or functionality of any non- TS Transformations Inc website to which We provide a link.

Disclaimer

THE MATERIALS ON THIS WEBSITE ARE PROVIDED ‘AS IS” WITHOUT WARRANTIES OF ANY KIND. EITHER EXPRESS OR IMPLIED. INCLUDING WITHOUT LIMITATION. WARRANTIES OF TITLE. IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL LPROPERTY. TS Transformations Inc WEIGHT LOSS EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE MATERIALS ON THIS WEBSITE. YOUR USE OF ANY WEBSITE IS AT YOUR SOLE RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH YOUR USE OF THIS WEBSITE. TS Transformations Inc SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF ANY WEBSITE.

Force Majeure.

TS Transformations Inc will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of TS Transformations Inc. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. TS Transformations Inc shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.

Limitation of Liability

YOU UNDERSTAND THAT THERE ARE INHERENT RISKS IN PARTICIPATING IN A PROGRAM OF STRENUOUS EXERCISE. IF YOU SUSTAIN OR CLAIM TO SUSTAIN ANY INJURY WHILE PARTICIPATING IN TRAINING, YOU ACKNOWLEDGE THAT TS Transformations Inc IS NOT RESPONSIBLE, AND THE TRAINER IS ALSO NOT RESPONSIBLE, EXCEPT WHERE THE INJURY WAS CAUSED BY THE TRAINER’S GROSS NEGLIGENCE. YOU AGREE THAT NEITHER TS Transformations Inc NOR YOUR TRAINER WILL BE HELD LIABLE IN ANY WAY FOR INJURIES RELATED TO UNDECLARED OR UNKNOWN MEDICAL CONDITIONS. YOU AGREE THAT IN NO EVENT SHALL TS Transformations Inc LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO TS Transformations Inc FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST TS Transformations Inc OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.

Indemnification

You agree to protect, defend, indemnify and hold harmless TS Transformations Inc, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your conduct. Your indemnity obligation includes, but is not limited to, any third party claim against TS Transformations Inc for liability for payments for, damages caused by, or other liability relating to, You.

Assignment of Rights.

TS Transformations Inc may assign its rights under this Agreement at any time, without notice to You. Your rights arising under this Agreement cannot be assigned by without TS Transformations Inc.’s express written consent.

Contact

If You have any questions or complaints concerning any of the Terms, You may contact TS Transformations Inc by e-mail at toni@tonisweeney.com, or by regular mail at PO BOX 191 DUBOIS PA 15801.

Digital Millennium Copyright Act

If You believe that materials or content available on any TS Transformations Inc Website infringes any copyright You own, You or Your agent may send TS Transformations Inc a notice requesting that TS Transformations Inc remove the materials or content from the TS Transformations Inc Website. If You believe that someone has wrongly filed a notice of copyright infringement against You, You may send TS Transformations Inc a counter-notice. Notices and counter-notices should be sent to TS Transformations Inc, Attention Legal Department, at PO BOX 191 DUBOIS PA 15801, or by e-mail to TONI@TONISWEENEY.COM.

Arbitration, Governing Law, and Attorneys’ Fees.

Any claim or grievance of any kind, nature or description that You have against TS Transformations Inc including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in Clearfield County, Pennsylvania. You agree not to file suit against TS Transformations Inc or any of its affiliates, subsidiaries, officers, directors, employees, successors, or assigns. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by You and TS Transformations Inc. In the event that You and TS Transformations Inc are unable to reach agreement on an Arbitrator, You and TS Transformations Inc will each select an arbitrator, and the two of them will select the Arbitrator, who must be a resident of Clearfield County, Pennsylvania. The arbitrators selected by You and TS Transformations Inc will have no further involvement in the arbitration. The Arbitrator will determine the rules governing arbitration. The decision of the Arbitrator will be final and binding on You and TS Transformations Inc and may be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate survives any termination or expiration of the Agreement.

This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of Idaho without regard to any choice of law provisions.

You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim You have against TS Transformations Inc to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against TS Transformations Inc may not be joined or consolidated with claims brought by anyone else.

Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.

Nothing in this Agreement prevents TS Transformations Inc from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect TS Transformations Inc rights prior to, during, or following any arbitration proceeding.

You agree that in the event of any arbitration or litigation, each Party will each bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either You or TS Transformations Inc commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorneys’ fees incurred on the motion to compel from the other Party.

Sever-ability

If any Term set forth herein is deemed unenforceable under any applicable law, the remaining Terms shall remain in full force and effect and these Terms shall be read, collectively, as if the unenforceable Term(s) were omitted.

Waiver

No waiver by TS Transformations Inc of any breach or default of these Terms will be deemed to be a waiver of any preceding or subsequent breach or default.

Heading.

Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.