FITNESS REPUBLIC

TERMS & CONDITIONS

Welcome to fitnessrepublic.com (“Website“). For your convenience, this Website contains the terms and conditions under which Fitness Republic Inc. (“Fitness Republic“, “we” or “our“) agrees to do business with you and contains protections for the intellectual property of Fitness Republic. By accessing or using this Website, and/or by purchasing products or services from this Website, you expressly agree to these Website Terms and Conditions (“Terms and Conditions“), which we may update from time to time (and such updated terms will govern your use of the Website). The Fitness Republic’s posted Privacy Policy (“Privacy Policy“), the Terms and Conditions and any operating rules, policies, price schedules and other supplemental terms and conditions or documents that may also be published from time to time, are expressly incorporated herein by reference (collectively, the “Agreement“).

Please review this Agreement carefully. If you do not agree to and accept all of the terms of the Agreement, you are NOT AUTHORIZED to access or use the Website or to purchase products or services from the Website.

You acknowledge that this Agreement is legally binding and governs your use of the Website and the purchase of any products and services. When you use this Website or submit an order for a product or service, you are certifying that you have read, understood, and agree to be bound by, all of the terms in the Agreement.

The following guidelines govern all comments, contributions, discussions, etc. on the Website in any format. – Be respectful. – Personal attacks, mean-spirited comments, aggressive/threatening/salacious/profane language will not be tolerated. Where necessary, any such posts will be turned over to appropriate law enforcement personnel. – Promotional posts are not permitted. Fitness Republic reserves the right to monitor, alter, modify or delete as it sees fit in its sole discretion any comment/post that does not fit the guidelines or the purpose and goals of Fitness Republic.
This Website contains general information and may contain errors, omissions and inaccuracies. The Fitness Republic assumes no liability or responsibility for any such errors, omissions or inaccuracies or any other limitation that may arise in relation to this Website. This Website (including the content and information found on this Website) should not be relied upon for any personal, health, medical, commercial or financial matters, and you should consult an appropriate professional for advice based on your specific circumstances. The Fitness Republic may make modifications and/or changes to this Website at any time without notice. THIS WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS BEING USED BY YOU STRICTLY AT YOUR SOLE RISK. FITNESS REPUBLIC MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT (1) THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS OR ACCURACY OF THIS WEBSITE OR THE INFORMATION, CONTENT, PRODUCTS OR SERVICES AVAILABLE OR PROMOTED ON OR THROUGH THIS WEBSITE, (2) ERRORS OR OMISSIONS THAT MAY BE CONTAINED IN THIS WEBSITE OR THE INFORMATION, CONTENT, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE, (3) OR THAT THIS WEBSITE, THE INFORMATION, CONTENT, OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE, OR THE SERVER THAT MAKES EACH OF THESE AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE. FITNESS REPUBLIC HEREBY EXPRESSLY DISCLAIMS ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEBSITE AND THE INFORMATION, CONTENT, PRODUCTS OR SERVICES AVAILABLE OR PROMOTED ON OR THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED CONDITIONS, REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ALL OTHER WARRANTIES, REPRESENTATIONS AND CONDITIONS IMPLIED BY OPERATION OF LAW. IN NO EVENT SHALL FITNESS REPUBLIC BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, REVENUE OR PROFITS, WHETHER RESULTING FROM AN ACTION OF CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, NEGLIGENCE OR OTHER TORT OR CLAIM, ARISING OUT OF OR IN CONNECTION WITH THE USE OR RELIANCE UPON THE INFORMATION ON THIS WEBSITE AND THE INFORMATION, CONTENT, OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE.
Any dispute concerning any term of this Agreement shall be resolved solely and exclusively in accordance with the laws of Ontario and the federal laws of Canada as applicable and you agree to attorn to the courts having jurisdiction in the Province of Ontario.
Unless otherwise expressly stated in the Agreement, the Website and all of its content (including any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the “Website Content”) and all intellectual property rights to the same are owned by Fitness Republic, our licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear on the Website are owned by Fitness Republic, our licensors, or both. Except for the limited use rights granted to you in these TERMS AND CONDITIONS, you shall not acquire any right, title or interest in the Website or any of the Website Content. Any rights not expressly granted in the Agreement are expressly reserved.
The Website may offer users the opportunity to post articles, comments, photographs, videos, artwork, and other content or materials on the Site (collectively, the “User Submissions”). Notwithstanding other terms contained in these Terms and Conditions, you will retain copyright in your User Submissions. However, by making a User Submission, you grant to Fitness Republic an unrestricted, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Submission throughout the world in any and all media and formats, whether now known or hereafter developed, for any purpose whatsoever, without payment of compensation or acknowledgement of its source. You further agree that Fitness Republic is free to use any ideas, concepts, or know-how that you or individuals acting on your behalf provide to Fitness Republic without any monetary or other obligation to you. You hereby grant in favour of Fitness Republic, and its licensees, agents and assigns, a full waiver of all of your moral rights held in or relating to your User Submissions. You represent and warrant that you are the sole and exclusive author and owner of all copyright in the User Submission and moral rights relating to your User Submissions. In the event that any third party has any rights in such content, you hereby represent and warrant that you have the full rights and authority to grant the license and waivers of moral rights in this paragraph. You agree not to post on or transmit to the Website any User Submission or other material that: •is unlawful, libelous, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, or racially, ethnically or otherwise objectionable in any manner; •is an advertisement or promotion for any product or service that had not been approved in writing by Fitness Republic; •is false, misleading, or constitutes an unfair or deceptive trade practice; •promotes the use of alcohol, tobacco, or any illegal substance; •constitutes a breach of your contractual and/or fiduciary obligations or an invasion of privacy; •infringes on any third party patent, trademark, trade name, corporate name, trade secret, copyright, publicity, or other proprietary or property rights; or •contains viruses, Trojan horses, worms or other code, scripts, routines, files or programs designed to alter, interrupt, impede, limit or destroy the performance and/or functioning of any software, hardware, or other equipment. You further agree that any User Submission you provide does not contain any confidential, proprietary or trade secret information of any third party, and will not be treated as confidential by Fitness Republic. Fitness Republic shall have no obligation to store, keep copies of or return any User Submissions. Fitness Republic further reserves the right (but does not have the obligation), in its sole discretion, to modify, delete or remove any User Submission from the Site that it deems to be in violation of the foregoing requirements.
This Website may refer to, or provide hyperlinks to the webpage of, other individuals, companies, entities, organizations, products or services. These references and links (collectively, “Links”) are supplied to you merely as a convenience and the inclusion of any Link does not and shall not imply any approval, endorsement or recommendation by Fitness Republic of such individuals, companies, entities or organizations, products or services. Please note that accessing any other website linked to or from this Website is done at your own risk. Fitness Republic has not reviewed and is not responsible for the content of any third party sites linked to or from this Website and does not make any representations regarding the content or accuracy of materials on such third party sites. Fitness Republic is not responsible for the information, materials, or content contained at any website linked to or from this Website.
You agree to the terms and conditions of this Agreement. This Agreement constitutes the entire and only agreement between you and Fitness Republic with respect to your use of the Website and any purchase of products or services from Fitness Republic through the Website, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect thereto. The content contained in the Agreement and/or the analyses, research, opinions and other information provided by or through the Website, through Customer Support, or through any other agent of Fitness Republic may be updated and/or amended from time to time, in whole or in part, at any time without specific notice to you. The latest terms of this Agreement will be posted on the Website. Your continued use of the Website and/or receipt of products or services provided to you following any updates or amendments shall constitute your acceptance of all of the terms and conditions contained within the Agreement in effect at that time. You agree to and shall regularly check the Website for such updates and/or amendments. Unless expressly stated otherwise, any future offer(s) or products or services made available to you by the Fitness Republic on or through the Website shall be subject to the terms of this Agreement at the time of your purchase. Fitness Republic is not responsible or liable in any manner whatsoever for your inability to use the Website and/or to obtain any products or services. The Website and any products or services offered through the Website are available only to individuals who are legally of age to enter into legally binding contracts under applicable law. Fitness Republic reserves the right, in its sole discretion, to deny any order of anyone at any time and for any reason, whatsoever. You certify that you are of sufficient age as required by law and agree to provide true, accurate, current and complete information when asked for such information. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition of the Agreement
Although Fitness Republic makes reasonable efforts to ensure that the information provided through the Website is current and accurate, Fitness Republic makes no representations or warranties as to the accuracy, reliability, completeness or timeliness of such information, and Fitness Republic makes no commitment and disclaims any duty to update such information. For further explanation regarding the information provided through this Website, please review the section on Disclaimer on Information and Advice set out below. In addition, Fitness Republic may, from time to time, permit third parties to provide testimonials and information on the Website. Fitness Republic may also, from time to time, post articles and other information provided by third parties that we believe might be of benefit or interest to our users. You acknowledge that the opinions and recommendations of third parties contained on the Website are not necessarily those of Fitness Republic or endorsed by Fitness Republic. All information made available on the Website is provided “as is” without any representation, warranty or condition as to its accuracy or reliability.
The goal of the Website is to provide general information regarding health, fitness, relationships, personal growth and other popular fitness related topics to the general public. The Website is not intended nor should it be construed as providing professional medical, fitness, relationship, financial or legal advice. The Website and the information contained on the Website are not a replacement or substitute for obtaining professional medical care or professional legal or financial advice. You should consult a trained medical professional for consultation, diagnosis and treatment of any health, fitness or diet related issue and any topic covered on the Website. Before participating in any diet or exercise program or using any diet or fitness products or services that may be described and/or made accessible in or through the Website, we strongly recommend that you consult with a physician or other healthcare provider. Fitness Republic, its staff and its content providers are not rendering professional advice of any kind to you personally, including without limitation, medical, psychological, emotional, relationship or personal growth advice, counseling, therapy, treatment or coaching, but are merely providing general education and information to you about health and fitness. You acknowledge and agree that the warnings and disclaimers herein shall apply to all Website content. The Website is intended for personal use by individuals. You agree not to provide any personally identifiable information of any third party or to create profiles on behalf of any other person unless you are the parent or legal guardian of a child and you create a profile for your child and have the right to do so. You acknowledge that any upload or display of your personal information by you to the Website is automatically made available for viewing by the public as the Website is accessible by the public.
You may use this Website for lawful purposes only and only in accordance with the Agreement. You are prohibited from using, displaying or uploading to the Website and from transmitting to or through this Website, or linking to or from this Website (i) any unlawful, threatening, obscene, defamatory, libelous, harassing, pornographic, hateful or ethnically, racially or otherwise objectionable or harmful material, (ii) any material that would contribute to a civil or criminal offense, otherwise violates any law, or which infringes on any intellectual property right, (iii) any content referencing, facilitating, promoting or using the following: gambling, gaming, contests, lottery, raffles, drawings, or prize promotions of any kind, including one of chance or skill that awards or provides a prize of value to a winner; or (iv) content that is used in a manner that is contrary to Fitness Republic’s public image, goodwill, reputation or mission, or in a manner that is otherwise inappropriate, derogatory or offensive (collectively, “Objectionable Material”), in each case, as determined by Fitness Republic in its sole and absolute discretion. Fitness Republic reserves the right to modify, alter delete, destroy or otherwise remove (or to require you to modify, alter, delete, destroy or otherwise remove) any Objectionable Material. Any information submitted or communicated to Fitness Republic through the Website that does not include personal information or private data about you is non-confidential and non-proprietary, and Fitness Republic may, without compensation to you, incorporate, distribute or otherwise use such information for any commercial or non-commercial purpose in its sole discretion. Fitness Republic is under no obligation to use or post any such information and may remove or alter any information it does post at any time in its sole discretion, with or without notice to you. Any personal information or private data submitted to Fitness Republic through the Website is governed by the terms of the Privacy Policy. You hereby agree that you shall fully indemnify, defend, and hold harmless Fitness Republic and each of its its officers, directors, employees, agents and volunteers from all claims (and costs and legal fees arising from same) arising out of or related to your access or use of, or your inability to access or use, this Website, including any information or material viewed or downloaded from the Website or another website to which it is linked that appear to you or are construed by you to be obscene, offensive, or defamatory. We attempt to ensure that information on the Website is complete, accurate and current. Despite our efforts, the information on the Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on the Website. For example, products or services promoted on the Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Website. In addition, we may make changes in information about price and availability without notice. We make every effort to ensure the accuracy of the price on our web site. When errors are discovered, we will try to make reasonable efforts to correct them. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO ANY PRODUCTS OR SERVICES LISTED OR PROMOTED ON OR THROUGH THE WEBSITE. You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should always speak with your physician or other healthcare professional, and carefully read all information provided with a product label or packaging, before taking any medication or nutritional, herbal or homeopathic supplement, before starting any diet or exercise program or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product.
In order to access or use some features of the Website, you may have to become a registered user. If you are under the age of 18, then you are not permitted to register as a user or otherwise submit personal information. If you become a registered user, you will provide true, accurate, and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (a “Subscription”), which may permit you access to certain areas of the Website not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Subscription. You are solely responsible for the activity that occurs under your Subscription, whether or not you have authorized the activity.

NOTICE

Internet technology and the applicable laws, rules and regulations change periodically. Accordingly, fitness republic reserves the right to make changes to this to website at any time. Your continued use of the website constitutes your agreement to any new or amended provision of this agreement that may be posted on the web site.