Welcome to canfitprointeractive.com (the “Website”). By accessing and using the Website you,
IT IS IMPORTANT THAT YOU REVIEW THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS SET FORTH BELOW,
YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEBSITE IN ANY WAY. YOU MUST EXIT THE WEBSITE IMMEDIATELY.
“We”, “us” and “canfitpro” are references to Canadian Fitness Professionals Inc.
A. Use by Minors
Unless you have express permission from a parent(s) and/or guardian, you must be 18 years old or older to access, purchase from, or otherwise use any services via the Website. No one under 13 years old is permitted to use or access the Website under any circumstances, even with parental
canfitpro makes no guarantees regarding the availability of the Website or any services provided through the Website (the “Services”) (including the availability of any given Service). canfitpro reserves the right, in its sole discretion, to discontinue the Website or any Services on the
discontinuance or modification of the Website or the Services.
C. Authorized Use
portion of it, except with express, prior written consent of canfitpro. This license does not include and specifically prohibits any resale or commercial use of the Website or its contents (except for your purchase of goods and/or Services); any derivative use of the Website or its contents;
or any use of data mining, robots, or similar data gathering and extraction tools.
D. Subscription Fees and Payment Terms
canfitpro requires payment of fees for certain Services offered through the Website. By registering to receive such Services (“Subscriptions”) you expressly agree that canfitpro is authorized to charge you the monthly or yearly subscription fee for the Service that you are subscribing for at
the then current rate, and any other charges you may incur in connection with your use of the Service, and you agree to pay for such Subscriptions with a credit card or other payment method accepted by canfitpro (“Payment Method”) that you elect during registration (or to a different Payment
information or cancel your account, or if any billing against your Payment Method is declined for any reason, you authorize canfitpro to continue to charge or invoice you, and you will remain responsible for any uncollected amounts, or, at canfitpro’s sole discretion, canfitpro may cancel or
suspend your account and ability to access the Services. All fees paid hereunder are non-refundable. The fee for Subscriptions will be billed at the beginning of any paid Subscription term and at the beginning of each renewal term thereafter unless and until you cancel your Subscription or
the account or service is otherwise suspended or discontinued pursuant to these Terms. You acknowledge that the amount billed for each payment period may vary due to promotional offers, changes in your Subscriptions, and changes in applicable taxes, and you authorize canfitpro to charge your
Payment Method for the corresponding amounts.
You may cancel your Subscriptions at any time, and you will continue to have access to the subscribed Services through the end of your monthly or annual billing period. CANFITPRO DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH OR PARTIAL-YEAR SUBSCRIPTION PERIODS. To cancel, go to
the "Edit Profile" page on the Website and follow the instructions for cancellation.
F. Linking (To & From) the Website; Advertisers
canfitpro may, from time to time, provide via the Website, links to other websites or resources and/or advertisements or other such promotional materials for third-parties. canfitpro is not responsible for and in no way guarantees or endorses: (a) the availability of linked-to sites or
resources; (b) the accuracy, value, or completeness of any content available at or through the linked-to sites; (c) the goods or services offered via these third-party sites.
Accordingly, the user acknowledges and agrees that canfitpro shall not be responsible or liable to the user in any manner, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content of any linked-to websites and/or
the quality of any goods or services offered by or through any linked-to third-party site.
Internet is generally unsecure and canfitpro makes no representation or warranty concerning the security of any communication made using the Website or any interception by third parties of personal or other information contained in such communications.
H. Prohibition against Harmful Transmissions & Appropriate Use of Website
You are responsible for all of your communications and postings, including, but not limited to, comments, commentary, suggestions, and otherwise ("User Content"). You agree that you will not upload, post, e-mail, or otherwise transmit to the Website or to any other user any messages,
programs, or other materials (including, but not limited to, Trojan Horses, viruses, worms, and the like) that contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or telecommunications
equipment or collect or mine information about this site or other users. canfitpro does not have an obligation to assess or guarantee the accuracy or appropriateness of the communications or postings, even if canfitpro elects, in its sole discretion, to do so or to attempt to do so from time
to time. You agree not to send communications or make postings that infringe upon or breach another party's intellectual property rights, contract rights or other rights. You agree not to send inappropriate communications or make inappropriate postings, including, but not limited to,
communications and postings that are obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity, sexually-explicit, solicitations of business, chain letters or pyramid schemes. canfitpro is not responsible for any User Content
or actions or omissions in response to User Content.
You may not, and you agree that you will not, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website. You may not violate or attempt to violate the security of the Website, including, without limitation, unauthorized access to
data; circumventing authentication mechanisms; or interfering with the Website in any way. You may not use any engine, software, tool, agent or other device or mechanism (including but not limited to, browsers, spiders, avatars or BOTs/intelligent agents) to navigate or search the Website
other than as provided through the Website and/or a standard third party browser (e.g., Microsoft Explorer, Firefox, Chrome, Safari, etc). You may not "frame" this Website or display the Website's content through any other URL or in conjunction with another company name or trademark. You
shall not copy the HTML code that canfitpro creates to generate its webpages.
I. Disclaimer of Warranties; Limitation Of Liability
1. Warranties Disclaimed
NEITHER CANFITPRO NOR ANY OF ITS SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS, ASSIGNEES, OR AGENTS WARRANT THAT THE SERVICES OR THE INFORMATION PROVIDED VIA THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS IS EXPRESSLY SET FORTH ELSEWHERE
THE SERVICES ARE MADE AVAILABLE "AS IS," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHERWISE, ALL SUCH WARRANTIES BEING EXPRESSLY DISCLAIMED.
TO THE EXTENT ALLOWED BY LAW, NEITHER CANFITPRO NOR ANY OF ITS SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS, ASSIGNEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE,
OR SPECIAL DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY ARISING OUT OF OR RELATED TO (A) YOUR USE OF THE WEBSITE OR SERVICES, (B) THE OPERATION OR MALFUNCTION OF THE SERVICES, OR (C) ARISING IN ANY WAY FROM OR RELATING TO YOUR PURCHASE OF CANFITPRO PRODUCTS
(OR ANY OTHER PRODUCTS) VIA THE WEBSITE, AND, REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AS TO (A) THROUGH (C).
2. Limitation of Liability
TO THE EXTENT ALLOWED BY LAW, CANFITPRO, ITS SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS, ASSIGNEES, OR AGENTS SHALL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR UNAUTHORIZED THIRD-PARTY ACCESS TO OR ALTERATION THEFT OR DESTRUCTION OF,
ANY INFORMATION CONTAINED ON THE WEBSITE THROUGH ACCIDENT OR THROUGH FRAUDULENT OR WRONGFUL MEANS OR DEVICES. IN ANY EVENT, THE LIABILITY OF CANFITPRO, ITS SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS, ASSIGNEES, OR AGENTS TO YOU OR ANY OTHER
USER FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO AND SHALL IN NO EVENT EXCEED THE SUM OF ONE-HUNDRED DOLLARS ($100.00) OR, IN THE EVENT THAT YOUR DISPUTE OR CLAIM ARISES FROM YOUR PURCHASE OF SERVICES VIA THE WEBSITE, THE COST OF SUCH DISPUTED SERVICES
(I.E., THE AMOUNT YOU PAID TO CANFITPRO FOR SUCH SERVICES). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, NON-INFRINGEMENT, AND OTHER CAUSES OF ACTION
NOTE: SOME JURISDICTIONS EITHER DO NOT ALLOW OR OTHERWISE LIMIT THE PERMISSIBLE SCOPE OF DISCLAIMERS AND LIMITATIONS SUCH AS THOSE APPEARING IN THE TWO PRECEDING PARAGRAPHS. ACCORDINGLY, SOME OF THE LIMITATIONS AND DISCLAIMERS APPEARING THEREIN MAY NOT APPLY TO YOU. .
J. Health Disclaimer
The Website provides sports training, physical training, fitness, nutrition and other information, applications, and content published over the Internet and is intended only to assist users in their personal physical fitness, nutrition and sports efforts.
canfitpro is not a medical organization and cannot - and does not - give you medical advice or a medical diagnosis. Nothing contained in this Website should be construed as medical advice or a medical diagnosis. The information and reports generated by canfitpro
should not be interpreted as a substitute for physician consultation, evaluation, treatment, or good sense and personal judgment about one's own condition.
The risk of injury from participation in a fitness regimen and/or from the performance of any exercise is significant,
including the potential for catastrophic injury or death. You should and must consult a medical professional before undertaking any fitness regimen or exercise program, including any exercises or techniques set forth or described on this Website. The text, pictures,
and description set forth in this Website is for educational purposes only (e.g., the information illustrates and explains various fitness-related and exercise techniques and concepts) and does NOT advise that you or any other particular Website user undertake or perform any particular
technique or exercise. You agree that you will not undertake or perform any exercise or technique described in this Website until and unless You consult with and are cleared by a medical doctor in relation to such participation.
The Website is not intended for use by minors, pregnant women, or individuals with any type of health condition and/or health problem. As are all users, such individuals are specifically warned to seek professional medical advice prior to initiating any form of sports training, physical
training, or exercise regimen.
You agree to indemnify, defend, and hold harmless canfitpro, its service providers, information providers, licensors, employees, officers, directors, assignees, or agents and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability,
including, without limitation, reasonable legal fees, on a solicitor and client basis, to the extent that such action is based upon a claim that: (i) if true, would constitute a breach of any of your representations, warranties, or agreements hereunder; (ii) arises out of or relates
to your use of the Website and/or (iii) arises out of your negligence, willful misconduct, or other breach of this Agreement.
L. Registration and Account Information
To use certain features of the Web site, you will need to register with the Website. On registration, you will be provided with a username and password. You agree (i) to provide true, accurate, current and complete information in the registration form;
(ii) that you are responsible for all use of the Website under you password or account; (iii) that you will maintain your username and password as confidential and will not permit any other party to use your username or password; and (iv) to promptly notify canfitpro of any unauthorized use
of your username or password.
In the event that one or more of the words, phrases, sentences, clauses, sections, subdivisions or subparagraphs contained herein shall be held invalid, this Agreement shall be construed as if such invalid portion had not been inserted. In the event that any invalid language is severed under
this paragraph, the severed language shall be the minimum possible such that the severance of the unit results in a valid provision (e.g., a single item in a list will be severed rather than the entire list, a clause will be severed rather than the entire sentence, etc.).
N. Entire Agreement
This Agreement sets forth and contains the entire agreement with regard to the matters set forth herein between you and canfitpro. There are no promises, terms, conditions, or obligations other than those contained herein. This Agreement supersedes all previous communications,
representations, or agreements, either verbal or written, between and among the parties with respect to the subject matter hereof (Website access and use).
O. Choice Of Law
This Agreement, and any disputes arising from, relating to, or touching upon the Agreement and/or the subject-matter hereof, shall be construed under and governed by the laws of the Province of Ontario, Canada. All contracts resulting from or relating to this Website, as well as all
information and advice provided herein, shall be deemed to been formed, entered into, executed, and/or given/communicated in the Province of Ontario.
P. Venue; Personal Jurisdiction; Service of Process
Any action at law, suit in equity, or other judicial proceeding concerning, relating to, or touching upon in any way this Agreement or the subject-matter hereof, shall be brought or commenced, if at all, only in the courts of the province of Ontario. By accessing and using the Website, you
(and any person or entity on whose behalf you act) hereby submit to personal jurisdiction in Ontario in any action by or against you and waive and release now and forever any defense to that assertion of jurisdiction that might otherwise exist. You (and any person or entity on whose behalf
Q. Headings For Convenience Only
The headings used herein are for convenience only. The headings do not purport to define, limit, or extend the scope or intent of the language of the sections and the paragraphs to which they pertain.
The waiver by one party of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach of the same or any other provision by the other party. The failure of a party at any time to require performance of any provision
hereof shall in no manner affect its right at a later time to enforce the same.
S. canfitpro Marks & Material
The Website contains copyrighted material, trademarks and other proprietary information which may include text, software, photos, video, graphics, music and sound. The entire contents of the Website are subject to copyright laws. canfitpro owns or has a license to all copyright in the
selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as
otherwise expressly permitted under copyright law or expressly allowed herein, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of canfitpro and the copyright owner, if other than
canfitpro. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any such ownership rights by downloading
T. Copyright Complaints
canfitpro respects the intellectual property of others - and expects others to respect canfitpro’s intellectual property. If you believe that your work has been copied or otherwise appears on the Website in a way that constitutes copyright infringement, please notify us immediately in writing
(via certified mail, return receipt requested, or via overnight delivery service) at the contact address set forth below.
Please direct all inquiries and other communications relating to the Website and/or the Services to:
Canadian Fitness Professionals Inc.
110-255 Consumers Road
Toronto, Ontario M2J 1R4
or by email to: email@example.com
V. Local Laws
You warrant and agree that your access to and use of the Website is in compliance with the laws governing such access, use, and related conduct in your geographic region.
W. Prohibited Conduct
Use of the Website or the corresponding Services for any use or reason other than the intended and permissible uses described or implied herein is expressly prohibited. Any such misuse may constitute violation of provincial and federal civil and criminal laws and may result in civil and/or
legal liability for you, for canfitpro, or for other Website users. canfitpro reserves the right to deny access to the Website and/or any elements of the Website to any person at any time and for any reason, as allowed by law.