FIT THAT STICKS LIMITED
TERMS AND CONDITIONS OF USE AND WAIVER OF LIABILITY AGREEMENT
THIS AGREEMENT is made between Fit That Sticks Limited (“FTS”), with FTS trading as Fit Opportunity, and you (hereinafter referred to as “you”, “your” or the “Client”) and sets forth the terms and conditions which govern your use of any of the FTS or FTS sponsored websites (the “Site”), as well as the services provided to you by FTS.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING ANY INFORMATION ON THE SITE OR AND OF THE SERVICES PROVIDED BY THE SITE.
ALL INFORMATION PROVIDED ON THE SITE IS PROVIDED FOR INFORMATION PURPOSES ONLY. BY VISITING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.
YOUR USE OF THE SITE OR ANY OF THE SERVICES PROVIDED ON THE SITE SHALL BE DEEMED TO BE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH BELOW.
FTS RESERVES THE RIGHT TO MODIFY THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT AT ANY TIME. YOU AGREE TO CHECK FOR CHANGES BEFORE PROCEEDING TO USE THE SITE.
1.1 Subject to the terms and conditions of this Agreement, through the site, FTS provides advice on physical exercise, tips on creating an active lifestyle, nutrition advice, and advice with regard to overall well-being (“Services”).
1.2 In addition to the Services, FTS also offers, for an additional cost, physical exercise plans, nutrition plans, online individual and/or group consultations.
1.3 You acknowledge and agree that in order for FTS to offer the Services, you may be required to supply certain information or complete certain forms provided to you by FTS.
1.4 You represent and warrant that you will immediately notify FTS if there is any material change in your health and/or any change to any of the information provided by you to FTS.
1.5 You consent to disclosure to any person or authority, including but not limited to health care professionals and insurers, of any and all health information provided by you, for the purpose of enabling FTS to effectively provide the Services.
- Site Content and Intellectual Property
2.1 The Site, as well as all materials, images, text, illustrations, designs, icons, photographs, video clips, audio signals, structure, layout, software, “look and feel,” and other elements contained on or otherwise making up the Site (collectively, the “Contents”), may be protected by copyright, trademark, trade dress, and other intellectual property laws and international conventions. Unless otherwise noted, all worldwide rights, titles, and interests in and to the Site and Contents are owned or licensed by FTS and/or its affiliated companies.
2.2 FTS grants you a limited, nonexclusive, nontransferable license to access and use the Site and Contents for purposes of general browsing, user forums and submissions, and/or conducting business with FTS. In all events, however, you shall not be permitted to, you shall not, and you shall not permit others to: (i) copy, adapt, display, distribute, publish, disseminate, transmit, store, sell, or use the Site and/or the Contents for any purposes or in any manner other than as intended and expressly authorized in writing by FTS; (ii) attempt to remove from the Site, download, copy, recreate, disassemble, modify, destroy, tamper with, deactivate, translate, reverse engineer, or decompile any software or other Contents on the Site; or (iii) assign, sell, sublicense, lease, or otherwise transfer your right to use the Site or the Contents. You may not reproduce this material on your personal website, blog, social network, or any other online resource without express written permission or as allowed by any license terms entered into with FTS. FTS may terminate this license at any time if you are in breach of the terms set forth herein. Upon termination, you will immediately destroy and make no further use of any downloaded materials.
- Accounts, Passwords and Security
3.1 If any of the Site or Services require you to open an account, you must complete the registration process by providing FTS with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to FTS which is untrue, inaccurate, not current or incomplete, FTS reserves the right to terminate this Agreement and your continued access and use of the Site and/or the Services.
3.2 As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify FTS immediately of any unauthorized use of your account or any other breach of security. FTS will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by FTS or another party due to someone else using your account or password.
- User Restrictions
4.1 You must be at least 18 years of age to view any page or other correspondence or content from this Site. FTS shall not be held responsible for any harm that is experienced, real or perceived, from viewing, following, or contributing, of any sort of content on this site.
4.2 You must not use this Site in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. Some content found on the pages of this Site is created by members of the public. The views expressed are theirs and unless specifically stated are not those of FTS.
- External Links
5.1 FTS is not responsible for the contents or reliability of any other websites to which we provide a link, and we do not, expressly or otherwise, endorse the views and/or content expressed within those sites.
- Proper Use
6.1 You are prohibited from posting or transmitting to this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. You agree to refrain from using any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on Site. You further agree to refrain from taking any action that could impose an unreasonable or disproportionately large burden on the Site infrastructure.
6.2 You acknowledge that, while much of the Site is open for public browsing, some areas of the Site may from time to time be restricted and accessible only to certain users via password. You agree to access and use only those areas of the Site that have been authorized for your use and to refrain from using any password or account information of any third party. If you have a password, you agree not to disclose or share your password or other relevant account information with any third parties or to use your password for any unauthorized purpose.
- User Submissions
7.1 Except as otherwise agreed in writing by an authorized FTS representative, any and all content (including user and visitor-generated content) submitted either via email, comment forms, or any other page hosted at this Site or its content aggregation systems will be considered non-confidential and non-proprietary. FTS reserves the right to alter, remove, re-post, re-purpose, market, or trade any such content. FTS will have no obligations with respect to such content. By submitting or transmitting content, you hereby confirm that your contribution of any such material is your own original work and does not infringe any laws.
8.1 FTS has no obligation whatsoever to monitor any of the content or postings on the comment section on the Sites. FTS shall have no liability related to the content of any such postings or comments, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. However, the Client acknowledges and agrees that FTS has the absolute right to monitor the same at its sole discretion. In addition, FTS reserves the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
- Payment Terms and Cancellation
9.1 In the event that payment is made by you to FTS, all sales are final. No refunds will be provided.
- Liability, Release and Waiver
10.1 You acknowledge and agree that physical exercise involves inherent risk of muscle soreness and/or injury. You voluntarily accepts and assume these risks.
10.2 You acknowledge that FTS accepts no responsibility for the safety of children or other individuals present while you perform exercises or activities suggested by FTS or contained on the Site.
10.3 Except as expressly stated in this Agreement, FTS makes no conditions or warranties, either express or implied, with respect to the suitability of the Services provided for any particular purpose. There are no implied conditions, representations or warranties relating to the content of this Agreement other than those expressly contained or referenced in this Agreement.
10.4 You acknowledge that the information on the Site is intended solely for entertainment purposes and may not be used as a substitute for professional advice and/or information, as circumstances will vary from person to person. You agree not to act or rely upon the information on the Site without consulting a physician or otherwise seeking professional advice. You agree not to attempt any of the suggested actions, solutions, remedies, exercises, or instructions found on the site without consulting a physician or qualified professional. You agree that the materials found on the Site do not constitute professional advice, and transmission of the information contained on the Site is not intended to create a professional-client relationship between FTS and you.
10.5 In consideration of FTS providing Services to you, you hereby forever and fully release FTS, its servants, agents, employees, directors, shareholders and contractors, from any and all claims, actions or causes of action, costs, demands and expenses arising out of or in connection with any loss, injury, death, or damage to your person or property incurred as a result of having used the Services, notwithstanding that any such loss, injury, death or damages may have arisen solely or partly by reason of negligence FTS, its servants, agents, employees, directors, shareholders or contractors.
10.6 In consideration of FTS providing Services to you, you agree to indemnify and hold FTS, its servants, agents, employees, directors, shareholders and contractors harmless from any claims or demands which might be made against FTS arising out of or in consequence of the provision of Services to you by FTS.
10.7 You agree to indemnify, defend, and hold FTS, its servants, agents, employees, contractors, subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable legal fees and disbursements) which arise directly or indirectly out of or from (i) any breach of this Agreement; (ii) any allegation that any materials submitted to FTS infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party; and (iii) your access or use of the Site and/or the Services. This section 10.6 shall survive in the event this Agreement is terminated for any reason.
11.1 Any captions or headings in this Agreement are for convenience and reference only and the words and phrases contained therein shall be held in no way to define, limit, describe, explain, modify, amplify or add to the interpretation, construction or meaning of any provision of this Agreement.
11.2 This Agreement and everything contained herein shall ensure to the benefit of and be binding upon the Parties hereto, their heirs, executors or administrators and assigns and with the full knowledge of the Parties of any and all acts and conduct by the other party to this Agreement.
11.3 This Agreement constitutes the entire agreement between the Client and FTS. There are not and shall be deemed not to be any verbal statements, undertakings or other agreements other than this Agreement and any amendments thereto.
11.4 This Agreement shall be construed in accordance with and governed by the laws of the Province of Newfoundland and Labrador and the parties hereto irrevocably attorn to the jurisdiction of the Courts of Newfoundland and Labrador.