SECTION 1 — MEMBERSHIP TERMS
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PLEASE READ THESE MEMBERSHIP TERMS ("MEMBERSHIP TERMS") CAREFULLY BEFORE USING OR CREATING AN ACCOUNT THROUGH THE WEBSITE AND/OR PURCHASING OR PARTICIPATING IN MEMBERSHIP SERVICES OFFERED BY TD ATHLETES EDGE, LLC ("TDAE", "we," "our," "us"). THESE MEMBERSHIP TERMS SET FORTH LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR PARTICIPATION IN TDAE SERVICES.
Last updated July 15, 2026
Definition of Services. As used in these Membership Terms and in TDAE's other policies referenced herein, "Services" means any and all present or future services, sessions, programs, classes, training, therapies, treatments, equipment use, and other activities made available by TDAE at its physical location(s), at a gym-sponsored event, remotely (including via video call, phone, or app-based coaching), or through the Site, in any form now offered or later added by TDAE. Services include, without limitation, general fitness and strength training, movement and exercise instruction, physical therapy and manual work, body work, contrast therapy (including sauna and cold plunge), recovery and stretch services, golf-specific training and instruction (including the use of golf clubs, golf balls, and related equipment), laser and shockwave therapy, and nutrition and wellness counseling, along with any other therapeutic, recovery, wellness, or athletic-performance modality TDAE may offer from time to time.
TDAE's Services, Facilities, gym equipment, location amenities, classes and programs, whether at the gym facility, a gym sponsored event or through the Site (collectively, the "Facilities"), are provided to its Member(s) ("you", "your", "Member"), subject to your acceptance of all the terms and conditions as set forth in these Membership Terms, the Privacy Policy, Terms of Service, and Member Waiver of Liability and Release Agreement (collectively "Policies").
Terms of Service: http://www.tdathletesedge.com/terms-service
Privacy Policy: http://www.tdathletesedge.com/privacy-policy
Membership Terms: http://www.tdathletesedge.com/membership-terms
Membership Waiver of Liability and Release Agreement: http://www.tdathletesedge.com/member-waiver
TDAE has created these Membership Terms to make sure you know the rights and obligations associated with your TDAE Membership ("Membership"). By purchasing a Membership, utilizing TDAE's Facilities, and/or registering for an online account, you represent and warrant that you have read, and agree to be bound by these Membership Terms.
You affirm that you are either more than 18 years of age, an emancipated minor, or at least 16 years of age and possess legal parental or guardian consent and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Membership Terms, and to abide by and comply with these Membership Terms.
Membership
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The benefits of Membership, available Facilities, personal training options, Services, and/or nutrition services, may change from time to time in TDAE's discretion and are described on the TDAE website ("Site") or at the applicable TDAE location. Each Member shall be permitted to make use of the physical gym locations, training rooms, equipment, changing rooms, bathrooms, common areas, and other benefits or amenities made available for all Members at no additional charge. You understand and acknowledge that Membership does not cover lessons, classes, individual or group training sessions, special programs, or rentals, some or all of which may be made available from time-to-time for additional charges. Not all programs, benefits, facilities, equipment, etc. will be available at all times. Memberships (including, but not limited to any individual benefits or services thereof) are not assignable or transferable and any attempted transfer or assignment shall be null and void. You understand and acknowledge that TDAE is a privately owned, members only establishment and therefore TDAE reserves the right to refuse Membership to anyone with or without cause.
Membership Rules
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a. You acknowledge that TDAE and its Facilities establish rules and regulations for the safety, comfort and protection of Members, guests, and visitors. You agree to abide by all policies, guidelines, rules, and regulations (together, the "TDAE Rules") for safe use of the Facility and equipment, which may be posted or published by TDAE, or adopted from time to time, including following any verbal or written instructions provided by your TDAE personnel, your personal trainer or nutritionist. TDAE Rules are subject to change. All such TDAE Rules are incorporated into these Membership Terms by reference and made a part hereof.
b. All use of the Facilities shall be undertaken at your sole risk, in accordance with the Member Waiver of Liability and Release Agreement, and TDAE and/or any TDAE personnel, owners, operators, managers, successors or assigns (for purposes of this Section, collectively "TDAE") shall not be liable for any harm, injuries or damage to you or your property, or be subject to any claim, demand, liability or damages whatsoever, including, without limitation, those resulting from acts of active or passive negligence on the part of TDAE. It is specifically agreed that TDAE shall not be responsible or liable for articles lost, damaged or stolen in, about or in connection with the Facilities nor for loss or damage to any of your other property, including automobiles and their contents. You may, at your own discretion and expense, obtain personal insurance for loss, injury or damage that you might sustain from use of the Facilities.
Membership Waiver of Liability and Release Agreement: http://www.tdathletesedge.com/member-waiver
c. You agree not to engage in any behaviors that may endanger other Members or TDAE personnel.
d. You agree that you will not use any equipment located at any physical TDAE Facility unless you (1) are knowledgeable concerning the use of such equipment, or (2) have received appropriate instruction from TDAE personnel in the use of such equipment, including, but not limited to, fitness machines, free-weights, and cardio-aerobic equipment, prior to use.
e. You represent and warrant to TDAE that you are in good health and have no disability, impairment, injury, disease, or ailment that prevents you from engaging in active or passive exercise or which would cause an increased risk of injury or adverse health consequences as a result of participating in any Facilities. You agree to inform TDAE personnel of any injuries, pains or concerns prior to participating in any class, instruction, training, counseling, or use of any Facilities.
f. You understand and acknowledge that neither TDAE nor TDAE personnel have expertise in diagnosing, examining, or treating any medical condition. In the event you experience any illness, injury, discomfort, impairment, or other health problem (together referred to as a "Health Problem") prior to or during your use of any Facility, you agree to (i) immediately inform TDAE personnel of such Health Problem, and (ii) consult your physician and reconfirm your physician's consent to or approval of your continued participation in activities at or with TDAE. Notwithstanding the foregoing, TDAE shall have at its physical Facility at least one (1) Automated External Defibrillator ("AED"), as defined in Massachusetts General Laws, chapter 112, section 12V 1/2, and shall have in attendance during staffed business hours at least one (1) employee or authorized volunteer as an AED provider, as defined in Massachusetts General Laws, chapter 112, section 12V 1/2. You agree that while you are using any Facility, you will not be under the influence of any (1) medication that may impair your physical or mental capabilities, (2) alcohol, or (3) non-prescription drugs. You acknowledge and agree that such use or influence may increase the risk of serious bodily injury or death to yourself or others.
g. Members should report any accidents, incidents, faulty equipment, issues or problems with the service and/or any Facility to TDAE personnel directly.
h. In the interest of all Member's safety and hygiene, Members (and their guests, if applicable) are required to wear clean attire and footwear, appropriate for such Member and/or guest's activities at the Facility.
i. You represent, warrant, and acknowledge that: (i) you have inspected the Facilities and same are in full operation; (ii) no promises, representations or warranties, other than as explicitly set forth herein, have been made to you by TDAE or otherwise concerning the Facilities; and (iii) it has been explained to you that this is a legally binding and enforceable contract and that you have agreed to maintain your membership for the period of time specified.
Facility Availability
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From time to time, the Facility may partially or fully close and be unavailable for use by Members for reasons including, but not limited to, renovation, repair, special events, or holidays. TDAE will make good faith efforts to minimize disruption to Members during these periods. Hours of operation will be displayed at the Facility and may be modified from time to time by TDAE.
Payment
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For gym access and training services:
a. Depending on the service TDAE offers, Pro (annual), Basic (4-week), Hybrid, (4-week), or Online Membership (4-week). For Pro Memberships, Members will be required to pay for the first four weeks of such Membership upon registering for the Pro Membership. All Memberships are paid on an automatic, recurring charge every four weeks, on or around the 4-week anniversary of the Member's last payment. Membership fees will be debited from the Members account, using billing information provided by the Member. Members can cancel their Membership and cease making payments, only as provided herein.
Basic Membership Contract Details:
- Basic memberships are for a duration of eight sessions or 4-weeks, whichever occurs first and automatically renew as provided below.
- The frequency at which you utilize your sessions throughout the 4-week period is up to you.
- You may cancel a booked session up to 60 minutes before the start time without penalty. Failure to cancel will result in forfeiting that session.
- Your payment will be processed automatically every 4 weeks.
- Auto-renewal will occur upon the earlier of (i) completion or forfeiture of your eighth session, or (ii) the date that is the 4-week anniversary of your Basic Membership commencement or the commencement date of any renewal.
- If you choose to cancel your Basic Membership, TDAE must be notified in writing prior to any renewal.
- You have the ability to upgrade to add sessions per week and can notify a TDAE staff member of your decision to upgrade. The upgrade will go into effect at the start of your next 4-week phase and continue to renew at the end of each 4-week cycle.
- Medical Hold (as defined below) available on a case-by-case basis. TDAE staff members must be notified in writing.
- You will not be billed during Medical Hold.
- When your Medical Hold is lifted, your membership renewal date will be adjusted to account for the pause.
Pro Membership Contract Details:
- Select a membership option based on the number of sessions you plan to attend each week: 1x/week, 2x/week, 3x/week, 4x/week.
- You have the ability to schedule future sessions throughout your annual membership period.
- You may cancel a booked session up to 60 minutes before the start time without penalty. Failure to cancel will result in forfeiting that session.
- Your payment will be processed automatically every 4 weeks for a full year (13 payments).
- You have the ability to upgrade to add sessions per week at any point during your Pro Membership by notifying us in writing. The upgrade will go into effect at the start of your next 4-week phase. This will not extend your contract end date.
- You may terminate your membership prior to the end date of your membership period. Early termination will incur a $150 exit fee, and all remaining sessions will be forfeited.
- Medical Hold (as defined below) available on a case-by-case basis. TDAE staff members must be notified in writing.
- You will not be billed during Medical Hold.
- When your Medical Hold is lifted, your membership renewal date will be adjusted to account for the pause.
Membership Upgrade:
- To upgrade and add an additional session per week for one 4-week period of your Pro Membership, the fee is $145 on top of your base membership rate. You may remain on the upgraded Pro Membership for as many 4-week periods as you would like.
b. Membership fees may be modified from time-to-time by TDAE. However, no Membership fee change will be applicable to you during the then current term of your Membership but will be effective for any renewal periods.
c. You must have a valid payment method on file at all times and pay all Membership fees when due. When you provide a payment method (such as a credit card) to us, you confirm that you are permitted to use that payment method. You authorize us (and our designated payment processor) to charge the full amount to the payment method you designate for any and all of your Membership fees, Member activities, and any fees due hereunder. You also authorize us to collect and store that payment method information, along with other related transaction information. If your primary payment method fails or your account is past due, you authorize us to charge all additional payment methods we have on file, and to employ all legal methods available to collect the amounts, including the engagements of collection agencies or legal counsel. If your use of a payment method results in an overdraft or other fee from your bank or provider, you alone are responsible for that fee. TDAE, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. In addition to the Membership fee amount due, delinquent accounts and/or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts and/or chargebacks including, but not limited to, collection fees and/or convenience fees and/or other third-party charges. You hereby explicitly agree that all communication in relation to delinquent accounts may be made by email, mail, or by phone, at the email address and/or phone number you provided to TDAE. Such communication may be made by TDAE or by anyone on its behalf, including but not limited to a third-party collection agent. If you wish to dispute the information TDAE reported to a credit bureau (i.e., Experian, Equifax, or TransUnion) please contact us at TD Athletes Edge, LLC 63 ½ Jefferson Avenue, Salem, MA 01970. If you wish to dispute the information a collection agency reported to a credit bureau regarding your TDAE account, you must contact the collection agency directly.
d. If you use a debit card as your payment method, you agree that TDAE can charge you any amount that becomes due for your account. If you want to change your payment method from direct debit, you can do so at any time through your account settings.
e. If you have a dispute concerning any payment transaction, please contact our billing department at tdteam@tdathletesedge.com. If, at any time, you contact your bank or credit card company to reject the charge of any payable Membership fees ("Chargeback"), this act will be considered a breach of your payment obligations, and we reserve the right to automatically terminate your Membership. We reserve the right to dispute any Chargeback and take all reasonable action to authorize the transaction. In order to resume use of your Membership, you must pay all past due fees, as well as any fees incurred by us or our payment processor as a result of the Chargeback.
f. TDAE does not accept insurance or bill your insurance company. Some insurance policies will provide reimbursement for memberships and services, such as TDAE's. It is your responsibility to confirm with your insurance company what costs are services reimbursable under your policy. It is also your responsibility to submit any paid fees for reimbursement and any documentation your insurance company may require, therefore. TDAE does not make any representations, warranties, or guarantees concerning the eligibility of TDAE Facilities, Memberships, and services for any insurance reimbursement. TDAE cannot advise you about whether your insurance policy will provide for reimbursement and TDAE cannot guarantee that you will receive any reimbursement.
Medical Hold
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You may put your Membership on hold due to medical reasons (i.e. surgery, injury, or family emergency) for one or more 4-week period, as applicable to your Membership, for a minimum of one (1) 4-week period or up to a maximum of three 4-week periods or (a "Medical Hold"). A Medical Hold is available on a case-by-case basis, approved by personnel of TDAE, and effective only upon advance written notice to TDAE, sent to the address as set forth in these Membership Terms, which notification shall include the period of time to which you request the Medical Hold apply. In no instance shall a Medical Hold apply retroactively. During a Medical Hold, you may not use any Facilities or services. You will not be billed for Membership fees during your Medical Hold; payments shall resume upon the expiration of your Medical Hold. Your Membership expiration date will be extended by the amount of time of your Medical Hold.
Cancellation
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a. YOU MAY CANCEL YOUR MEMBERSHIP WITHOUT ANY PENALTY OR FURTHER OBLIGATION BY CAUSING A WRITTEN NOTICE OF YOUR CANCELLATION TO BE DELIVERED IN PERSON OR POSTMARKED BY CERTIFIED OR REGISTERED UNITED STATES MAIL WITHIN THREE (3) BUSINESS DAYS OF THE DATE YOU ENTERED INTO THESE MEMBERSHIP TERMS OR THE DATE ON YOUR RECEIPT TO THE TDAE ADDRESS SPECIFIED IN THESE MEMBERSHIP TERMS. Your notice of cancellation shall be accompanied by the statutorily required forms, including a copy of any paper agreements executed between you and TDAE, your membership card, and any other documents, confirmation emails, or evidence of membership previously delivered to you. In the event you cancel your Membership as described in this Section, TDAE shall refund all money paid by you to TDAE, pursuant to the Membership Terms, within fifteen (15) business days of TDAE's receipt of your written notice of cancellation.
b. You or your estate may also cancel your Membership for any of the following reasons: (i) if upon a doctor's order, you cannot physically or medically receive the services because of significant physical or medical disability for a period in excess of three months; (ii) in case of your death; (iii) if the TDAE services, which were the subject of your Membership, are not available because TDAE fails to open a planned TDAE location, permanently discontinues operation of the TDAE location you primarily utilize, or substantially changes the operation of the TDAE location you primarily use; or (iv) if you move either your residence or your place of employment more than twenty-five (25) miles from the TDAE location you primarily use. In the event of the cancellation of your Membership in the manner specified by this Section, TDAE shall refund all pre-paid and unused Membership fees within fifteen (15) business days of receipt of your written notice of cancellation. For purposes of clarity, TDAE may retain the portion of the Membership fee representing the amount of time that the TDAE services, Facilities, and/or your Membership were used by you prior to cancellation; and provided, further, that TDAE may demand the reasonable cost of goods and services which you have consumed or wish to retain after cancellation of your Membership. For Pro Memberships, TDAE charges an exit fee of $150.00.
c. TDAE reserves the right to cancel these Membership Terms and/or terminate your Membership, any benefits of your Membership, TDAE Facilities, amenities, and/or services, or other privileges granted by these Membership Terms in the event of a Member Default, or for any reason or no reason, in TDAE's sole discretion. A Member Default includes (i) your failure to comply with any of TDAE policies, procedures or rules; (ii) intentional or negligent misrepresentation of information you provide to TDAE through any means; (iii) failure to make timely payment of any Membership fee; or (iv) your breach of any Policies. In the event that TDAE cancels your Membership, you shall continue to be fully liable to TDAE for any and all Membership fees or other fees due and payable to TDAE hereunder.
General Provision
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If any provision of these Membership Terms is held unenforceable, then such provision will be modified to reflect the parties' intention, and all remaining provisions of these Membership Terms shall remain in full force and effect. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Membership Terms. These Membership Terms shall in all respects be interpreted and construed with and by the laws of the Commonwealth of Massachusetts, excluding its conflicts of laws rules, and the United States of America. TDAE may assign its rights and responsibilities hereunder without notice to you. These terms and conditions will inure to the benefit of TDAE's successors, assigns and licensees. 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. The failure of TDAE to exercise or enforce any right or provision of these Membership Terms will not constitute a waiver of such rights or provisions. Except as explicitly stated otherwise, any notices shall be given by postal mail to TDAE; Attn: Legal Department, 63 ½ Jefferson Avenue, Salem, MA 01970 (in the case of TDAE) or, in your case, to the email you provide to TDAE (either during the registration process or when you update your membership information). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, TDAE may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to TDAE. In such case, notice shall be deemed given three days after the date of mailing. These Membership Terms, the Terms of Service, Privacy Policy, and Member Waiver of Liability and Release Agreement set forth the entire agreement and understanding between you and TDAE. In the event either party institutes legal proceedings against the other for any reason relating to the subject matter of and/or arising from these Membership Terms, the party against whom a judgment is entered will pay all reasonable costs and expenses relative thereto, including any and all reasonable attorneys' fees and court costs of the prevailing party.
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SECTION 2 — MEMBER WAIVER OF LIABILITY AND RELEASE AGREEMENT
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TD Athletes Edge, LLC
Member Waiver of Liability and Release Agreement
Last updated July 15, 2026
PLEASE READ THIS MEMBER WAIVER OF LIABILITY AND RELEASE AGREEMENT ("WAIVER") CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY TD ATHLETES EDGE, LLC ("TDAE"). THIS AGREEMENT SETS FORTH LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR PARTICIPATION IN TDAE SERVICES.
This Waiver governs a user's ("I," "you," "your") participation and/or utilization of any Services (as defined below) of TDAE, whether or not offered through the Site. The Services are offered subject to your acceptance of the terms and conditions contained herein, the Membership Agreement, Terms of Service, Privacy Policy, and all other operating rules, policies and procedures that may be published from time to time on this Site by TDAE.
Terms of Service: http://www.tdathletesedge.com/terms-service
Privacy Policy: http://www.tdathletesedge.com/privacy-policy
Membership Terms: http://www.tdathletesedge.com/membership-terms
Please read this Waiver carefully before accessing or using the Site or Services. By accessing or using any part of the Site and/or any TDAE Services, you agree to become bound by the terms and conditions of this Waiver. If you do not agree to all the terms and conditions of this Waiver, then you may not access the Site or use any of the Services.
If you have any questions, contact us at tdteam@tdathletesedge.com.
Definition of Services. As used in this Waiver, "Services" means any and all present or future services, sessions, programs, classes, training, therapies, treatments, equipment use, and other activities made available by TDAE at its physical location(s), at a gym-sponsored event, remotely (including via video call, phone, or app-based coaching), or through the Site, in any form now offered or later added by TDAE. Services include, without limitation, general fitness and strength training, movement and exercise instruction, physical therapy and manual work, body work, contrast therapy (including sauna and cold plunge), recovery and stretch services, golf-specific training and instruction (including the use of golf clubs, golf balls, and related equipment), laser and shockwave therapy, and nutrition and wellness counseling, along with any other therapeutic, recovery, wellness, or athletic-performance modality TDAE may offer from time to time. All physical locations, equipment, and amenities where Services are made available are collectively referred to as the "Facilities."
By using the Facilities, gym equipment, or participating in any Services, and in consideration for being allowed to participate in the Facilities, the receipt and sufficiency of which is hereby acknowledged, I, for myself, or as the parent and/or legal guardian of a minor using the Facilities, freely agree to be bound by each of the following provisions of this Member Waiver of Liability and Release Agreement ("Waiver"):
1. Acknowledgement and Assumption of Risk. I understand that exercise, training, use of fitness equipment, and engaging in the Services are potentially hazardous activities. I further understand that these activities involve risks of injury, aggravation of preexisting conditions, and in the most severe and extreme situations, even death. Furthermore, I acknowledge that the effect of exercise and/or the Services on the body cannot be predicted with complete accuracy and that injuries may occur during or following participation in any Service, including, but not limited to, exercise under the supervision of a trainer or during a class or program, or Services conducted by a practitioner, that could lead to these complications and adversely affect my health. Accordingly, I acknowledge that I am voluntarily participating in these activities with the full knowledge and understanding of the potential dangers and further that I do so at my own risk. I also agree that I assume all the risk of any loss or damage to my personal property present at the Facilities and that TDAE has no obligations or responsibility related thereto. For clarity, I assume all risks, known and unknown, foreseeable and unforeseeable, in any way connected with my participation in/use of the Facilities and Services. I accept personal responsibility for any liability, injury, loss, death or damage in any way connected with my participation in/use of the Facilities and Services.
I understand that TDAE advises me to obtain a physical examination from a doctor before using TDAE Facilities or Services. I may receive recommendations regarding Services, changes in diet, including the use of food supplements, weight reduction and/or body building enhancement products during my use of the Facilities from TDAE staff or other third parties at the TDAE Facilities. I understand that acting on any such recommendations is based on my own knowledge and judgment, and I acknowledge that, even if TDAE provided such recommendation, TDAE has no and assumes no responsibility for such recommendations. I understand that TDAE advises me to consult a physician prior to undergoing any Services, dietary or food supplement changes or additions. This Waiver includes, but is not limited to, all injuries which may occur as a result of the following: (i) my use of all amenities and equipment in the facility and my participation in any activity, class, program, personal training or instruction; (ii) the sudden and unforeseen malfunctioning of any equipment; (iii) TDAE's instruction, Services (such as those described above), training, supervision, or dietary recommendations; (iv) my slipping and/or falling while in the building, or on the premises, including adjacent sidewalks and parking areas; (v) contact with and actions of other participants at the Facilities, including being struck by any equipment, implement, ball, club, or other object used, thrown, swung, or dropped by another participant; (vi) the effects of the weather and temperature, including water, heat, cold, and/or humidity, including as applicable to any hot or cold therapy Service, and wet, slippery, or uneven surfaces in or around any sauna, cold plunge, shower, or other contrast therapy area; (vii) any of my known or unknown health, physical, or mental conditions; (viii) my use, handling, dropping, or mishandling of any free weight, dumbbell, barbell, kettlebell, resistance band, or other exercise equipment, whether resulting in injury to myself or contact with any other person, animal, or object; (ix) my participation in, observation of, or presence near any golf-related Service, including being struck by a golf club, golf ball, or other equipment swung, hit, thrown, or dropped by myself, another participant, a coach, or any other person; and/or (x) my participation in any remote, virtual, or off-site Service, including virtual training sessions, movement assessments, or coaching conducted by video, phone, or app, and any risk arising from the physical space, flooring, equipment, or other conditions at my home, gym, or other location where I participate, none of which is inspected, controlled, or maintained by TDAE.
2. My Obligations. I agree to listen to and follow the directions of TDAE personnel, and I understand that failure to do so may increase the risk of injury to myself and to those around me, and negatively impact the overall operations of the Facilities. I agree that I will use good judgment, be self-reliant and stop to request assistance if I am unsure of my ability to utilize or participate in the Facilities safely. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately inform TDAE personnel. I represent and warrant that I am physically fit and mentally capable of performing the physical activities and Facilities I choose to participate in.
3. Consent to Medical Treatment. I authorize TDAE to provide to me, through medical personnel of its choice, customary medical assistance, transportation, and emergency medical services. This consent does not impose a duty upon TDAE to provide such assistance, transportation, or services. I understand that the cost of all emergency services is my responsibility.
4. Release of Liability; Limitation of Damages. I hereby forever and unconditionally release TDAE and its affiliated entities, parent companies, subsidiaries, present and former employees, owners, officers, members, managers, partners, contractors, insurers, shareholders, and directors (collectively "Released Entities"), from any and all claims, actions, damages, liabilities, losses, costs, and expenses (including, without limitation, attorney's fees) for death, injury, loss or damage of property, (collectively "Claims") in any way arising out of my participation in or use of the Facilities or Services, including, without limitation, any and all Claims resulting from the negligence of the Released Entities. TDAE's liability to me will be limited to actual damages arising from Released Entities' gross negligence or willful misconduct in the performance of their duties and responsibilities hereunder. This limitation applies only to the extent permitted by applicable law, and nothing in this Waiver limits or caps TDAE's liability for its own gross negligence or willful misconduct. All liability arising out of my participation in/use of the Facilities or Services is cumulative and not per incident. In no event shall TDAE be liable for any special, incidental, punitive, or consequential damages or other indirect damages, even if TDAE has been informed of the possibility thereof. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of the facility, its agents, and employees.
5. Indemnification. I agree to defend and indemnify the Released Entities from any and all Claims as incurred of any kind whatsoever in any way arising out of my participation in/use of the Facilities or Services.
6. Binding Effect. This Waiver shall be binding upon my next of kin, personal representatives, heirs, beneficiaries, and assigns and shall inure to the benefit of TDAE, its successors and assigns. I, the undersigned, for myself, my heirs, representatives, assigns, and next of kin, hereby release, discharge, and covenant not to sue TD Athletes Edge, LLC, its managers, employees, vendors, or affiliates from any and all Claims, demands, suits, loss, and causes of action.
7. Severability. If any provision of this Waiver is for any reason declared to be invalid or unenforceable, the validity and enforceability of the remaining provisions will not be affected. The invalid or unenforceable provision will be deemed modified to the extent necessary to render it valid and enforceable, and if no modification may render it valid and enforceable, this Waiver will be construed as if not containing such provision and the rights and obligations of the parties will be construed and enforced accordingly.
8. Governing Law and Venue. This Waiver shall be governed in all respects by the laws of the Commonwealth of Massachusetts without regard to conflict of law principles. Venue shall be in Suffolk County, Massachusetts and I hereby agree and acknowledge that I am personally subject to jurisdiction in Suffolk County, Massachusetts.
9. Promotional Release. I hereby grant to TDAE the unrestricted right and permission to copyright and use photographic portraits, pictures, video footage and/or audio recordings of my participation in/use of the Facilities or Services, in which I may be included intact or in part, including the negatives, prints, transparencies or digital information relevant to such portraits (the "Material"). TDAE has the right to reproduce, exhibit, distribute, broadcast, digitize, edit, or otherwise use the Material, by any method and in any media, whether now existing or later created, without restriction throughout the world, by incorporating the Material into its website, publications, catalogues, brochures, books, magazines, or commercial, informational, educational, advertising, or promotional materials relating thereto (collectively, the "Works"). I agree that TDAE is and shall be the exclusive owner of all right, title, and interest, including copyright, in the Material and the Works. I further grant to TDAE an irrevocable, royalty-free, worldwide license to use my name, age, and hometown in connection with the Material and the Works.
10. Minor Participants. If the Member is under 18 years of age, this Waiver must also be executed by the Member's parent or legal guardian. By executing this Waiver, the parent or legal guardian releases claims arising from the minor's participation in the Facilities and/or Services on behalf of both the minor and themselves, to the same extent as set forth in this Waiver, and represents and warrants that they have the legal authority to do so.
THIS IS A WAIVER AND RELEASE OF LIABILITY. I HAVE READ THIS ENTIRE DOCUMENT. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO ITS PROVISIONS AND HAVE SIGNED IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
I agree that by continuing to participate in/using the Facilities or Services, I am indicating my voluntary agreement to the provisions of this Waiver and Release of Liability. I agree that no oral statements or representations, apart from the language of the above agreement, have been made.
PARTICIPATION IN THE EVENTS BY A PERSON WHO IS NOT YET 18 YEARS OLD INDICATES THAT A PARENT OR LEGAL GUARDIAN HAS ALSO READ AND CONSENTED TO THIS WAIVER.
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SECTION 3 — TERMS OF SERVICE
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TD Athletes Edge, LLC Terms of Service
Last Updated July 15, 2026
PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF SERVICE") CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY TD ATHLETES EDGE, LLC ("TDAE", "we", "us", "our"). THIS AGREEMENT SETS FORTH LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE http://www.tdathletesedge.com/ AND ANY OTHER URLS AND WEBSITES OWNED AND OPERATED BY TD ATHLETES EDGE, LLC AND ITS AFFILIATES (THE "SITE") AND ALL SERVICES PROVIDED BY TDAE ON THE SITE.
This Agreement governs all use of the Site and all content, services and products available at or through the Site by the user ("user" "you" "your"). The Site is offered subject to your acceptance of the terms and conditions contained herein, the Privacy Policy, Membership Terms, Member Waiver of Liability and Release Agreement, and all other operating rules, policies and procedures that may be published from time to time on this Site by TDAE (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any of the services. This Agreement applies to all users of the Site.
You affirm that you are either more than 18 years of age, an emancipated minor, or at least 16 years of age and possess legal parental or guardian consent and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
If you have any questions, contact us at tdteam@tdathletesedge.com.
Privacy Policy
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The Company respects the privacy of its Service users. Please refer to the TDAE's Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Site, you signify your agreement to the Privacy Policy. Privacy Policy: http://www.tdathletesedge.com/privacy-policy
Accounts
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Account Creation. In order to use certain features of the Site, you must register for an online account with TDAE. To complete your registration, you will provide your full legal name, email address, zip code, and create a password. You are responsible for maintaining the confidentiality of your password and account. If you elect to subscribe to a paid membership via the Site, you will provide payment information (credit card information and billing address).
Account Responsibilities. You are fully responsible for all activities that occur under your password or account. You are further responsible for any and all liability and/or damage resulting from your failure to maintain password confidentiality. It is important for you to protect against unauthorized access to your computer. Be sure to log off when you finish using a shared computer. You agree to immediately notify TDAE of any unauthorized use of your password or any breach of security. You also agree that TDAE cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.
You must keep your account information up-to-date and accurate at all times, including a valid email address. To utilize the paid services via our Site you must provide and maintain valid payment information such as valid credit card information with the TDAE merchant services provider, Zen Planner, PaySimple, Paysafe, Square, or Shopify. For information on Zen Planner, PaySimple, Paysafe, Square, or Shopify and your payment information, please see the TDAE Privacy Policy (Privacy Policy: http://www.tdathletesedge.com/privacy-policy).
You may not transfer or sell your TDAE account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
TDAE reserves the right to refuse service to anyone and or terminate their online account, for any reason, at any time. TDAE reserves the right to terminate accounts that have been inactive for a period of six (6) months or longer. Once your account is terminated, you understand and acknowledge that TDAE may permanently delete your account, and all data associated with it.
Payment Terms
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Certain services provided by TDAE, and certain functionality on the Site, may be subject to certain payment terms or fees as determined by TDAE in our sole discretion. We will provide notice of those fees then in effect in relation to any of our paid Services. If you wish to receive or use a paid Services, you are required to pay all applicable fees in advance.
Pricing. Please see the options and pricing for our services on the Site or contact TDAE at tdteam@tdathletesedge.com or (978) 712-0260 for more information. TDAE may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms will become effective in the billing cycle following notice of such change to you as provided in this Agreement.
Payment Information; Taxes. All information that you provide in connection with a purchase or transaction must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases or transactions.
Responsibility for Payment. You are responsible for all fees, including taxes, associated with your use of the Site and our services. You are responsible for providing us with a valid means of payment. User must keep current payment information on file with TDAE and User's account must be adequately funded to pay for any services rendered.
Recurring Payment Authorization. By agreeing to set up payments on a monthly recurring basis, you are giving us permission to charge your on-file ACH account, credit card, PayPal account, or other approved methods of payment for fees that you authorize TDAE to satisfy your obligations hereunder.
Notification of Non-Payment. If your card cannot be charged your access to our services may be suspended and you will need to update your card information in order to resume use.
Site Content
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No Advice. The content, (which includes any text, graphics, images, video, blogs, tutorials, or other material contained, accessed or entered on the Site ("Content"), on this Site is provided by TDAE for educational, general advisory, and informational purposes only. TDAE's nutritional, therapeutic, training, and/or exercise suggestions are not intended to be complete and comprehensive advice on your health, physical fitness, diet and nutrition, but rather are based on the general observations of TDAE. None of the Content should be considered an endorsement, representation or warranty that any particular method, strategy or course of action is appropriate for your individual situation. The information on the Site is not provided by a physician, certified nutritionist, or psychologist, and the scope of the consultation services does not include treatment or diagnosis of specific illnesses or disorders. You should not rely on this information as a substitute for professional medical advice, diagnosis, or treatment. You understand that some of the nutrition and/or physical fitness advice on this Site is not universally accepted as evidence-based practice and is neither sponsored, approved, recommended nor endorsed by the USDA (United States Department of Agriculture), FDA (Food and Drug Administration), NIH (National Institutes of Health), AHA (American Heart Association), ADA (American Diabetes Association), or AND (Academy of Nutrition and Dietetics). The information on this Site is not intended as medical advice, medical nutrition therapy or individualized nutrition counseling/coaching. The TDAE Site and its authors do not claim to cure, prevent, diagnose, or treat any disease, disorder, or health condition. Always consult a qualified healthcare professional before changing your diet or medications or beginning any exercise, therapy, or wellness routine. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this Site. The use of any information provided on this Site is solely at your own risk. This advice is provided "as is." No warranty as to the accuracy or completeness of the information and general advice on the TDAE Site is implied or given. TDAE cannot guarantee and does not promise any specific results from use of its Site or TDAE services. No advice or information, whether oral or written, obtained by a user from TDAE shall create any warranty not expressly stated in these terms.
Intellectual Property Ownership. TDAE, and other TDAE graphics, logos, designs, page headers, button icons, scripts, and service names are copyrights, registered trademarks, trademarks or trade dress of TDAE, Inc. in the U.S. and/or other countries. TDAE's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion to consumers or in any manner that disparages or discredits TDAE. All other trademarks not owned by TDAE that appear on this site are the property of their respective owners.
You acknowledge and agree that any Content, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through the Site, by TDAE, its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any content received through the Site without the authorization of TDAE or the content owner. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute content available through the Site, in violation of applicable copyright and other intellectual property laws.
You acknowledge and agree that the Site and any software provided to you or used in connection with the Site, ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Other than as expressly provided under these terms, you agree not to reproduce, duplicate, copy, sell, resell or exploit for other commercial purposes, any portion of the Site, without TDAE's express written consent.
Rights and Licenses
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License to Use Site. We grant you a non-transferable, non-exclusive, right to access and use the Site for your personal use.
Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or any Content thereon; (b) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Content; (c) you will not access the Site or Content in order to build a similar or competitive service; and (d) except as expressly stated in these terms, no part of the Site or Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site and/or Content will be subject to the terms of this Agreement. All copyright and other proprietary notices on the Site and/or the Content must be retained on all copies, provided you have TDAE's consent to make such copies.
Modification. We reserve the right, at any time, to modify, suspend, or discontinue the Site and/or our services with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the same.
No Support or Maintenance. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Site.
Ownership of the Services. Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, on the Site or provided through the Site, are owned by TDAE or our licensors. The provision of the Site and/or our services does not transfer to you or any third party any rights, title or interest in or to the intellectual property rights. We reserve all rights not granted in this Agreement.
Your Content and Prohibited Activities
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User Generated Content. You are solely responsible for your conduct and activities on and regarding TDAE, your use of the Site and any and all data, text, information, reviews, posts, usernames, graphics, images, photographs, profiles, audio, video, polls, surveys, and links (together, "User Content") that you submit, post, store, and/or display on or through TDAE.
Prohibited Activities. You hereby represent and warrant that you shall not use the services or the Site to:
- Upload, download, post, email or otherwise transmit any User Content in a fraudulent manner/for the purposes of committing a fraud.
- Upload, download, post, email or otherwise transmit any User Content that is unlawful, harmful, threatening, trade libelous, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property.
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Upload, download, post, email or otherwise transmit any User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.
- Upload, download, post, email or otherwise transmit any User Content that would constitute or encourage a criminal offense, illegal activity, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law.
- Harm minors in any way, including, but not limited to, uploading User Content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct, or upload User Content that may be seen as condoning or encouraging unsafe practices that would result in the physical, mental or moral harm of children.
- Upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation.
- Upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- Upload, download, post, email or otherwise transmit false, inaccurate, or misleading information.
- Disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, third party sites, vendor's or customer's sites, or networks connected to or accessible through the Site or affiliated or linked websites.
- Access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
- Disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites.
- Frame the Site within another Site or webpage or link to the Site except as permitted in writing by TDAE or Host images not part of a listing.
- Incorporate images or names that would violate a person's right of privacy or publicity.
- Incorporate a current or former leader, politician, religious figure, convicted criminal or notorious person, or other famous person's name or likeness without their express written consent.
- Use a manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the service or Site.
- Copy, modify or distribute rights or User Content from the Site, service or tools or TDAE's copyrights and trademarks.
- Harvest or otherwise collect information about users, including email addresses, without their consent.
- Violate this Agreement, the Privacy Policy, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
Privacy Policy: http://www.tdathletesedge.com/privacy-policy
- Take any action that may undermine online reviews or feedback.
- Appear to create liability for TDAE or cause TDAE to lose (in whole or in part) the services of TDAE's ISPs or other suppliers.
Right to Remove User Content. You acknowledge that TDAE does not pre-screen submitted User Content, but that TDAE and its designees shall have the right (but not the obligation) in their sole discretion to reject or remove any User Content from the Site. TDAE does not endorse any User Content submitted to the Site by any user or other licensor, or any opinion, claim, recommendation, or advice expressed therein, and TDAE expressly disclaims any and all liability in connection with any User Content. Without limiting the foregoing, TDAE and its designees shall have the right to remove, without prior notice, any User Content that violates the Agreement or is otherwise objectionable to TDAE. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content.
Your Responsibility for your use of the Site. You agree that you are responsible for actions and communications undertaken under your account. TDAE takes no responsibility and assumes no liability for any User Content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity you or a third party may encounter. You agree to waive any claims against TDAE and its affiliates, contractors, agents and employees for losses, damages and injuries which are based on or relate to communications, User Content or materials on the Site. You agree to indemnify TDAE and its affiliates from all claims and expenses, including reasonable attorney's fees, which claims are based on or arise from your violation of any of the provisions of this Agreement.
Applicable Laws. You agree that you will use this Site in accordance with all applicable United States federal, state and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity.
Suggestions. TDAE considers any solicited or unsolicited suggestions, ideas, proposals, content of any notes, messages, e-mails, postings, letters, concepts or other material submitted to it by users via the Site or otherwise (other than the account information, personal information) (collectively, the "Material") to be non-confidential and non-proprietary, and TDAE shall not be liable for the disclosure or use of such Material. If, at TDAE's request, any user sends Material to improve the site (for example through the Forums or to customer support), TDAE will also consider that Material to be non-confidential and non-proprietary and TDAE will not be liable for use or disclosure of the Material. Any communication by you to TDAE is subject to this Agreement. The intellectual property rights in or relating to the Material will automatically be deemed to be assigned, granted and transferred by you to TDAE upon their submission or communication to TDAE, and you do assign all rights therein to TDAE and agree that the same will automatically become the property of TDAE and that TDAE may use, exploit, copy, publish, implement, transfer and in all other ways deal with such materials and all of the intellectual property rights therein in any way and for any purpose, commercial or otherwise, TDAE may elect, forever, without compensation or accounting to you and without further recourse by you.
Indemnity. You agree to indemnify and hold us (and our officers, employees, and agents) harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site or services, (b) your User Content, (c) your violation of this Agreement; or (d) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Links to Other Sites and/or Materials
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Third Party Sites, Ads and Ad Networks. As part of the Service, we may provide you with convenient links to third party website(s) ("Third Party Sites") as well as content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Users may also include links to their website or other Third Party Sites on their listings. These links are provided as a courtesy to Service subscribers. We have no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk, and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
Release. You release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injury, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Service users or Third Party Sites & Ads. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
Disclaimers
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THE SERVICES, INCLUDING THE SITE, ARE PROVIDED "AS-IS" AND "AS AVAILABLE" AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES: (a) WILL MEET YOUR REQUIREMENTS; (b) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (c) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE OR (d) THAT THE SERVICES WILL BE TO YOUR SATISFACTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation on Liability
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IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. FURTHERMORE, IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY LOST PROFITS OR DAMAGES ARISING FROM YOUR USE OF ANY ACCOUNTING SOFTWARE PROVIDER'S SERVICES.
IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNTS YOU'VE PAID TDAE IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Term and Termination
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Subject to this Section, this Agreement will remain in full force and effect while you use the Services. We may (a) suspend your rights to use the Site and/or services (including your online account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Services in violation of this Agreement. Upon termination of this Agreement, your Account and right to access and use the Site and/or services will terminate immediately. You understand that any termination of your online account involves deletion of your User Content from our database. We will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Account or deletion of your User Content. Upon termination of this Agreement, all of the provisions will terminate except those that by their nature should survive.
DMCA and Intellectual Property Rights Policy
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As TDAE asks that others respect its intellectual property rights, TDAE respects the intellectual property rights of others. If you believe that material located on or linked to by the Site violates your copyright or trademark, you are encouraged to notify TDAE in accordance with TDAE's Digital Millennium Copyright Act ("DMCA") Policy (see below). TDAE will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material that are contained on the Site. TDAE may terminate a user's access to and use of the Site at TDAE's sole discretion if TDAE determines that the user is or may be infringing on the copyrights or other intellectual property rights of TDAE or others.
To notify TDAE of infringing or unlawful content, please provide TDAE with the following information:
- Your name, address, telephone number and e-mail address;
- A description of the exact location on the Site of the infringing or unlawful content;
- A description of the claimed infringing or unlawful content, specifying which parts you believe infringe or are unlawful and which parts you believe should be removed;
- In the event that you believe that the content infringes your rights, please include a detailed statement specifying your asserted rights and why the content infringes them;
- In the event that you believe that the content is unlawful, please include a detailed statement specifying why you believe that the content breaches a particular law; and
- A sworn and signed statement that the information provided is accurate and that you are directly or indirectly damaged by the content.
TDAE takes such notices very seriously. TDAE will evaluate the provided notice and if appropriate, based on TDAE's sole discretion, remove the content or disable access to the content. Based on TDAE's judgment, TDAE may notify the source of the content of your complaint and TDAE's actions in response to your complaint. TDAE reserves the right in TDAE's sole discretion to restore such content if the source of such content provides evidence that the content should not have been removed. TDAE encourages you to seek the advice of an independent attorney before filing an intellectual property notice or responding to a notice filed by another user.
TDAE may be notified of claims of intellectual property infringement by mailing or emailing the above requested information to:
TD Athletes Edge, LLC
Attn: Jed Sturman
63 ½ Jefferson Avenue
Salem, MA
Email: tdteam@tdathletesedge.com
Legal Disputes
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PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND TDAE HAVE AGAINST EACH OTHER ARE RESOLVED.
You and TDAE agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Agreement, your use of or access to the Site, or any products or services sold or purchased through the Site, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
Choice of Law. This Agreement is made under and will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any principles that provide for the application of the law of another jurisdiction.
Agreement to Arbitrate
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You and TDAE each agree that any and all disputes or claims that have arisen or may arise between you and TDAE relating in any way to or arising out of this or previous versions of the Agreement, your use of or access to the Site, or any products or services sold, offered, or purchased through our Site will be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court in Suffolk County, Massachusetts, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
The arbitration will be conducted in Suffolk County, Massachusetts, by JAMS Arbitration ("JAMS") under its applicable rules and procedures, as modified by this Agreement to Arbitrate. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes.
Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
You and we must abide by the following rules: (a) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (c) the arbitrator will honor claims of privilege and privacy recognized at law; (d) the arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (e) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (f) each side pays its own attorneys' fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and then in such instance, the fees and costs awarded will be determined by the applicable law.
With the exception of subparts (a) and (b) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules and procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart (a) or (b) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor we will be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in state or federal court in Suffolk County, Massachusetts.
General
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Changes to Agreement. This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Any significant changes to this Agreement will be effective 30 days after posting such notice. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
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SECTION 4 — PRIVACY POLICY
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TD Athletes Edge, LLC Privacy Policy
Last Updated July 15, 2026
This website and any other URLs and websites administered by TD Athletes Edge, LLC (collectively, the "Site") are offered by TD Athletes Edge, LLC and its affiliates (collectively, "TDAE" or "we" "our" or "us") to you, the user, subject to your acceptance of all the terms and conditions as set forth below ("Privacy Policy"). The terms "you" "your" and "user" refer to all individuals and entities that access the Site. TDAE has created this privacy policy to make sure you know what information TDAE collects and how TDAE uses it. By using the Site, you expressly consent to the collection, storage, disclosure and use of your information as outlined in this Privacy Policy and you agree to the terms and conditions of this Privacy Policy.
If you reside outside the U.S., your personally identifiable information will be transferred to the U.S. and processed and stored there under U.S. privacy standards. By visiting our Site and providing information to us, you consent to such transfer to, and processing in, the U.S. TDAE will occasionally update this Privacy Policy to reflect changes in TDAE's practices and services. When changes are made to this Privacy Policy, TDAE will notify you via email. Regardless of notice, by visiting this Site, you are accepting the terms of the then-current Privacy Policy. If you follow any external links, located on the Site, to third-party websites, TDAE is not responsible for the content or the privacy policies of these other websites.
TDAE encourages you to check back, from time to time, and review this Privacy Policy so that you always will know what personally identifiable information TDAE collects, how it is used, and to whom it is disclosed.
But first, a note about the content on the Site:
TDAE provides information on TDAE's Site for educational, general advisory, and informational purposes only. TDAE's nutritional, training, and/or exercise suggestions are not intended to be complete and comprehensive advice on your health, physical fitness, diet and nutrition, but rather are based on the general observations of TDAE. The information on the Site is not provided by a physician, certified nutritionist, or psychologist, and the scope of the consultation services does not include treatment or diagnosis of specific illnesses or disorders. You should not rely on this information as a substitute for professional medical advice, diagnosis, or treatment. You understand that some of the nutrition, therapeutic, and/or physical fitness advice on this Site is not universally accepted as evidence-based practice and is neither sponsored, approved, recommended nor endorsed by the USDA (United States Department of Agriculture), FDA (Food and Drug Administration), NIH (National Institutes of Health), AHA (American Heart Association), ADA (American Diabetes Association), or AND (Academy of Nutrition and Dietetics). The information on this Site is not intended as medical advice, medical nutrition therapy or individualized nutrition counseling/coaching. The TDAE Site and its authors do not claim to cure, prevent, diagnose, or treat any disease, disorder, or health condition. Always consult a qualified healthcare professional before changing your diet or medications or beginning any exercise, therapy, or wellness routine. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this Site. The use of any information provided on this Site is solely at your own risk. This advice is provided "as is." No warranty as to the accuracy or completeness of the information and general advice on the TDAE Site is implied or given.
The information on the TDAE Site is copyrighted material and is intended for your personal use. You may not distribute, sell or otherwise commercialize TDAE's advice or content.
What information does TDAE collect?
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TDAE may collect information about you, when you interact with the Site, including, your name, email, phone number, address, billing information, location, emergency contact information, information concerning current physical injuries, your diet and/or exercise information, and/or personal information you choose to submit to the Site, and other data as specifically described herein. TDAE may contact users to confidentially request more information about themselves, their business (if applicable), content created via the Site, and/or to ensure compliance with TDAE's rules.
You may provide us with this personal information when you:
- Register for a Membership on the Site;
- Sign up for newsletters, email alerts, and special offers;
- Submit a job application or inquiry;
- Submit information through any contact form on the Site;
- Request customer support or send TDAE any other communication;
- Enter sweepstakes or contests;
- Respond to surveys;
- Participate in any TDAE referral, rewards or promotional programs;
- Make use of TDAE's Social Media Widget features; and/or
- You may provide us with information about other people, such as their email addresses, if you refer a friend to the Site or TDAE promotions or share TDAE content with such third party.
Information collected by Cookies:
TDAE uses cookies on the Site to improve the quality of the Site and services to you. One of the features of cookies is to provide a convenient feature to save you time. A cookie is a small text file on your computer which a website sends to your computer to allow the website to store information which uniquely identifies TDAE's users. TDAE's cookies do not collect or store personally identifiable information. Rather, the cookie stores a token which uniquely identifies a particular user at a particular time. That token is then linked to the user information in TDAE's secured databases. You can always delete the cookies and reset your browser to refuse all cookies or to display a message when a cookie is being sent. If you reset your browser, some of the Site features and functionality may not be available to you and you may not be able to take advantage of all the features on the Site.
Do Not Track:
Do Not Track ("DNT") is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Certain state laws require us to indicate whether we honor DNT settings in your browser.
TDAE adheres to the standards set out in this Privacy Policy and does not recognize, monitor, follow, or respond to browser-initiated DNT signals.
Your California Privacy Rights:
In addition to other rights provided for herein, if you live in California and have an established business relationship with us, you can request a list of the personal data we have shared with third parties for their marketing purposes. We will also give you a list of the third parties that have received your information. You can make a request one time each year. To exercise your rights, you can email us or write to us at the address below. Mention in your letter that you are making a "California Shine the Light" inquiry. We will respond within 30 days.
The California Consumer Privacy Act ("CCPA") provides consumers with specific rights regarding their personal data. You may also request that we provide you with an accounting of your personal data held by TDAE over the past twelve (12) months. You may also request that TDAE delete your personal data, subject to certain exceptions. If TDAE were to sell your personal data, you have a right to opt-out of that sale. You may submit that request via email at tdteam@tdathletesedge.com, or toll free at 63 ½ Jefferson Avenue, Salem MA 01970. Upon verification of your identity and within 45 days, we will provide you with a paper copy of your personal data via the United States Postal Service. TDAE will not discriminate against any user for exercising their rights under the CCPA.
TDAE does not sell your personal data, as those terms are defined under the California Consumer Privacy Act.
Information collected by Web Beacons and Log Files:
When you visit the Site, TDAE's servers automatically record information that your browser sends whenever you visit a website ("Log Data"). This Log Data may include information such as your:
- IP address
- browser type or the domain from which you are visiting
- operating system
- your browser ID
- how many times your device (computer or phone, for instance) access the Site, including dates and times of such access
- Your activities on the Site
For most users accessing the Internet from an Internet service provider the IP address will be different every time you log on. TDAE uses Log Data to monitor the use of the Site and the TDAE Service, and for the Site's technical administration. TDAE does not associate your IP address with any other personally identifiable information to identify you personally, except as required to enforce this Privacy Policy and the Terms and Conditions for the Site or as necessary to protect the property, rights, or safety of TDAE, its employees, customers, or other users.
Information collected through Reviews and Testimonials:
You may choose to submit a review or testimonial. If you post a review, TDAE may ask for certain information to validate your review or testimonial such as your first name and an optional photo. TDAE will not use any testimonial or review that is not accompanied by a photo. If you submit a review or testimonial, TDAE may publish your first name, geographic location or other anonymous information but your last name and email address will be kept private. Additionally, any personally identifiable information that you submit as part of the review or testimonial can be read or used by other visitors to the Site. TDAE is not responsible for any personally identifiable information that you choose to submit as part of your review or testimonial.
Information collected from other sources:
We may receive information about you from a friend or colleague. For example, if your friend or colleague provides your information through one of our refer-a-friend type features. If you use one of these features, please ensure that you only submit email addresses of individuals with whom you have a close personal, professional, or family relationship, who would be interested in receiving the communication, and who has authorized you to share their email address.
How does TDAE secure and store your information?
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The security of your personal information is important to us. TDAE uses an SSL Protocol to secure the Site. Additionally, your TDAE account information is protected by a password. It is important that you protect against unauthorized access to your account and information by choosing your password carefully and keeping your password and computer secure by signing out after using TDAE's services. TDAE believes in the privacy of TDAE's users. TDAE employs industry standard precautions designed to protect your information from unauthorized access. TDAE will make any legally-required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored personal data to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
TDAE currently stores user information via secure cloud-based web hosting services, provided by ZenPlanner, and the information is stored on servers located within the United States.
Remember that no method of transmission over the internet or method of electronic storage is 100% secure. TDAE cannot promise, and you should not expect, that your personal information or private communications will always remain private. TDAE cannot guarantee complete security.
How does TDAE use your information?
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TDAE will not sell or disclose your name, email address or other personal information to third parties without your explicit consent, except as may be specified in this policy from time to time. TDAE uses the personally identifiable information you provide to:
- Provide the features and functionality of the Site and to improve TDAE's products and services;
- Fulfill your requests for TDAE's products and services;
- Communicate with you concerning the status of your account and your account activities;
- Send you information about TDAE's products and services;
- For TDAE's internal business purposes, including, but not limited to, data analysis, and audits;
- Provide notices about the results of sweepstakes, contest, and other promotions; and
- Help us create content that is most relevant to you.
TDAE uses your email address to communicate with you about your account and to send you certain notification emails. You can unsubscribe from such communications using the unsubscribe link provided therein. If you refer a friend or colleague to the Site or TDAE's promotions, TDAE will use your friend's/colleague's email to send them the e-mail you requested. Your friend's/colleague's e-mail addresses will only be used for this purpose unless permission is otherwise granted by such friend or colleague.
TDAE uses non-personally identifiable information to monitor the use and performance of the Site so that TDAE can learn more about how people use the Site which helps us improve TDAE's services and significantly enhance your experience on the TDAE Site.
Retention of Data
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TDAE retains personal information when we have an ongoing legitimate business, legal, or compliance need to do so. Our retention periods will vary depending on the type of personal information. The general factors we consider in determining whether to retain personal information are:
- Whether we have a legal or contractual need to retain the information
- Whether the information is necessary to provide our services or for functionality of Site features
- Whether our account holding users have the ability to access and delete the information from their accounts
When TDAE has no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, when personal information has been stored in backup archives), then TDAE will securely store such personal information until deletion of such information is possible.
Personal Information Accessible by other Users.
When you post a comment, review, testimonial, or message on the Site or in response to a TDAE blog, your name may be visible to other users. Additionally, if your comment contains personal information and is posted by you in a page that is accessible to the public, third parties may make note of the information and you may receive unsolicited messages from other parties as a result. Any content or information you upload that is visible to third parties is not considered personally identifiable information subject to this Privacy Policy. Always use care when you post such information.
If you send information through our contact forms on the Site. You will be asked to provide your name, email, and phone number.
If you have any questions or comments about this Privacy Policy or TDAE's use of your personally identifiable information, please contact us at tdteam@tdathletesedge.com.
Does TDAE disclose the information it collects to outside parties?
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Generally, TDAE does not share personal information about you with other people or nonaffiliated companies without your consent except that TDAE shares information with its Service Providers.
Service Providers. We engage certain trusted third parties to perform functions and provide services to us, including, without limitation, hosting and maintenance, customer relationship management, database storage and management, and direct marketing campaigns. We will share your personal data with these third parties, but only to the extent necessary to perform these functions and provide such services, and only pursuant to binding contractual obligations requiring such third parties to maintain the privacy and security of your data, by (i) agreeing to provide adequate protections for personal data that are no less protective than those set out in this Privacy Policy; and (ii) notifying TDAE in the event that such third party is no longer able to provide sufficient protections.
The Service Providers engaged by TDAE, and links to their individual privacy policies, are listed at: http://www.tdathletesedge.com/service-providers and may be updated from time to time.
If we ever were to engage in any onward transfers of your data with third parties for a purpose other than which it was originally collected or subsequently authorized, we would provide you with an opt-out choice to limit the use and disclosure of your personal data.
For users located within the EU, UK, or Switzerland, pursuant to GDPR, TDAE remains liable for the transfer of personal data to third parties acting as our agents unless we can prove we were not a party to the events giving rise to the damages.
If you sign up for a promotion (e.g., a contest, rewards program, or sweepstakes offer) or enroll in a service TDAE offers in partnership with a third party, TDAE may provide information (such as your name, email address, and account activity) to such third parties.
TDAE may also release information (including, but not limited to, your name, email address, addresses, telephone number, and activity on the Site) when TDAE, in TDAE's sole discretion believes that such release is necessary or appropriate to:
- comply with law;
- comply with subpoenas, warrants, court orders, government investigations, or other legal process;
- enforce or apply the terms of any of TDAE's user or license agreements;
- investigate or respond to allegations of fraud, intellectual property infringement, or other unlawful activity;
- investigate fraud or similar claims;
- protect the rights, property or safety of TDAE, TDAE's users, or others;
- to protect TDAE's operations; or
- to permit TDAE to pursue available remedies or limit the damages that TDAE may sustain.
TDAE also may be required to disclose an individual's personal data in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.
Advertising
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TDAE may use third party service providers to place ads on TDAE's behalf across the internet and sometimes on the Site. They may collect anonymous information about your visits to TDAE's Site, and your interaction with TDAE products and services. They may also use information about your visits to this and other websites to target advertisements for goods and services. This anonymous information is collected through the use of a web beacon, which is industry standard technology used by most major sites. If you would like more information of this practice and to know your choices about not having this anonymous information used by TDAE's third party service providers, please contact TDAE at tdteam@tdathletesedge.com.
Does this Privacy Policy apply when I access third party websites?
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You may be able to access third party websites directly from the Site. However, this Privacy Policy does not apply when you access third party websites. TDAE cannot control and cannot be held responsible for the content that appears on those sites and is not an endorsement, authorization or representation of TDAE's affiliation with that third party. Furthermore, TDAE is not responsible for the privacy policies of any third-party site or for how they treat information about their users. These third-party sites may place their own cookies on your computer, collect data, or solicit personal information. You may be consenting to those websites through use of the Site. TDAE encourages you to read the privacy policies or statements and terms of service for each of the other websites you visit.
Business Transfers
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TDAE may sell, transfer or otherwise share some or all of its assets, including your personally identifiable information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. You will have the opportunity to opt out of any such transfer if the new entity's planned processing of your information differs materially from that set forth in this Privacy Policy.
TDAE's Policy Towards Children
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The Site is not directed to persons under 16. If a parent or guardian becomes aware that their child has provided TDAE with personally identifiable information without their consent, he or she should contact TDAE at tdteam@tdathletesedge.com. TDAE will take actions to promptly remove such data. TDAE does not knowingly collect personally identifiable information from children under 16. If TDAE becomes aware that a child under 13 has provided personal identifiable Information, TDAE will delete such information.
How can I change, delete, or update my information?
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Most of your account information can be changed in the "Dashboard" section of your account on the Site. If you have any questions about what information is stored or would like to obtain a copy of such information, please contact us at tdteam@tdathletesedge.com or Privacy c/o TDAE, 63 ½ Jefferson Avenue, Salem, MA 01970. After receiving proof of your identity, TDAE will provide the information to you, and you may request that TDAE delete or change any or all of the information.
Unless stated otherwise, TDAE's current Privacy Policy applies to all information that TDAE has about you and your account.
Use of this Site by individuals located in the EU
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If you are a resident of the European Union, United Kingdom, or Switzerland or provide personal data through this Platform while located in the European Union, United Kingdom, or Switzerland, we offer you certain choices in connection with the personal data we collect from you on this Platform.
Users in these geographic locations have the following rights in connection to processing of your personal data:
- If you wish us to send you a copy of your personal data we process, you can contact us with such request;
- If you believe that your personal data which we process are inaccurate or incomplete, you can contact us with a request to rectify such data;
- If you wish to access your personal data, you can contact us with such request;
- If you wish to restrict the processing of your personal data, i.e. wish us to delete and stop with processing, you can contact us with the suitable request, and we shall respond to it in accordance with the law;
- If you do not wish to receive our emails in which we inform you on various promotions and services, you can unsubscribe by clicking the 'UNSUBSCRIBE' button on the bottom of each email;
- In cases in which we process your data based on your consent, you can withdraw your consent at any time, and we will stop such processing. The withdrawal of consent has no effect on the lawfulness of processing based on consent before its withdrawal;
- You have the right to request to receive your personal data in structured, commonly used and machine-readable format and have the right to transmit such data to another service provider (controller) without hindrance, in accordance with the law;
- If you consider this to be justified, you have the right to file an objection to the processing necessary for the purpose of achieving our legitimate interests at any time, and we will stop with such processing, if there are legal grounds for this;
- You have the right to file an objection to processing of your personal data in cases of processing for direct marketing, including profiling, in any time;
- In case that the processing of your personal data is done automatically, you have the right to a human intervention, and to express opinion on and object to a decision based solely on automated processing, in accordance with the law.
- You have the right to lodge a complaint regarding the processing of your personal data to the competent authority.
You can exercise the above rights by contacting TDAE via email: tdteam@tdathletesedge.com
The exercise of the above rights (e.g. right to access or erasure) is generally free of charge. Where requests are manifestly unfounded or excessive, in particular because of their repetitive character, we may charge an appropriate fee (at most our actual costs) or refuse to process the request.
We may use your personal data for marketing purposes or disclose your information to any third party for such purposes with your consent, that you may affirmatively provide through your account. You may object to receiving further marketing at any time without detriment. We will inform you prior to collecting or using your personal data for any purpose not set forth in this Privacy Policy or previously consented to.
To update your preferences and consents, ask us to remove your information from our mailing lists or submit a request, please contact us at tdteam@tdathletesedge.com.
General Terms
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If any provision of this Privacy Policy is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Privacy Policy shall remain in full force and effect. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Privacy Policy. This Privacy Policy shall in all respects be interpreted and construed with and by the laws of the Commonwealth of Massachusetts, excluding its conflicts of laws rules, and the United States of America. TDAE may assign its rights and responsibilities hereunder without notice to you. These terms and conditions will inure to the benefit of TDAE's successors, assigns and licensees. 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. The failure of TDAE to exercise or enforce any right or provision of this Privacy Policy will not constitute a waiver of such rights or provisions. Except as explicitly stated otherwise, any notices shall be given by postal mail to TDAE; Attn: Legal Department, 63 ½ Jefferson Avenue, Salem, MA 01970 (in the case of TDAE) or, in your case, to the email address you provide to TDAE (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, TDAE may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to TDAE. In such case, notice shall be deemed given three days after the date of mailing.
Unless stated otherwise, TDAE's current Privacy Policy applies to all information that TDAE has about you.
The current version of the TDAE Privacy Policy was adopted effective as of July 15, 2026.
