Last updated: September 7, 2021
THIS AGREEMENT DESCRIBES THE TERMS OF SERVICE (the “TERMS”) UNDER WHICH YOU WILL USE THE TOOLS AND PLATFORM (the “SERVICES") AT FITNESS FACTORY APP, INC. (referred to as “FITNESS FACTORY”, “COMPANY”, “WE”, “US”, or “OUR”) AND ANY INFORMATION, TEXT, LINKS, GRAPHICS, PHOTOS, VIDEOS, OR OTHER MATERIALS UPLOADED, DOWNLOADED OR APPEARING ON THE SERVICES (collectively referred to as “CONTENT”). BY COMPLETING YOUR ONLINE REGISTRATION FOR FITNESSFAC.CA YOU AGREE TO ALL OF THE TERMS OF SERVICE SET OUT IN THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF SERVICE SET OUT IN THIS AGREEMENT, PLEASE DO NOT USE OUR SERVICES. We reserve the right to change these guidelines and disclaimers at any time, and you agree that each visit you make to the Services shall be subject to the current guidelines. If you have any questions that this guide does not answer, please email [email protected] as otherwise provided herein, this Terms of Service Agreement applies to all users of any context at Fitness Factory.
You must be at least 13 years old to use the Service.
If you are under 18, you represent that you have the approval of your parent or guardian to use the Service. Allow them to read this Agreement with you.
If you are a parent or legal guardian of a user under the age of 18, you are subject to the terms of this Agreement and liable for your child's activity on the Service if you allow your child to use the Service.
If you are using the Service on behalf of a corporation or organization, you indicate that you have the power to act on their behalf and that they have agreed to this Agreement. A business account must be approved by Fitness Factory.
Our Privacy Policy (https://fitnessfac.ca/privacy) describes how we handle the information you provide to us when you use our Services. You acknowledge that by using our Services, you agree to the collection and use of this information.
You can access and use the Services made available to you as long as you comply with these Terms and applicable law.
The following restrictions apply to your use of the Services. You are not allowed to, attempt to do, enable, or encourage anyone else to do, any of the following:
Business accounts have permission to post external links for convenience and service purposes. If users are led to a third-party website or content, Fitness Factory is not liable for any fraudulent charges, transactions, and/or shared information through that site. Fitness Factory will terminate this account if deemed true to be fraudulent.
To ensure that we keep Fitness Factory Services useful, informative, and safe for everyone. By creating an account with our Services, you agree that you will follow the rules set forth below.
Violations to our Code of Conduct will result in moderation action taken against your account. We may also notify law enforcement if the breach involves a threat to the life or safety or yourself or others, or any other activity that we believe to be unlawful.
By uploading, posting or transmitting any content on our Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, modify, adapt, publish, distribute such Content. Such uses of the Content you submit is made with no compensation paid to you, and you hereby agreed as being sufficient compensation for the Content and grant of rights herein.
You constitute and warrant that you have acquired all the rights, licenses, consents, approvals, powers and / or legal authority to supply the rights granted or any content material which you post on or through the Services. You agree that this content material does no longer comprise copyright or different proprietary rights unless you have the permission or are legally permitted to publish the content on our Services.
If you believe that your Content has been copied in a way that constitutes copyright infringement, please report this to our designated copyright agent at [email protected].
Fitness Factory reserves the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify users by posting such changed or updated Terms on this page. Any changes or updates will be effective immediately upon posting. Your continued use of the Services constitutes your agreement to abide by the Terms as changed. Under certain circumstances we may also elect to notify you of changes or updates to our Terms by additional means, such as pop-up or push notifications within the Services or email.
Fitness Factory shall in no way be liable for any damages resulted from a purchase inside of our application. Loss of profits, revenues, business opportunities (Such as potential mergers and acquisitions) or other punitive damages caused by:
Fitness Factory and all their partners and/or affiliates limitation of liability for any damages issued on The Service cannot exceed the GREATER OF: 1) The total amount gained in a dollar amount from the user of The Service OR 2) $250 CAD
Fitness Factory is not responsible for any loss that you may have incurred on a purchase or transaction made on The Service. Other forms of damages incurred by the user from The Service are dealt with on behalf of the two parties of the transaction. Fitness Factory can only help you find the source of who took your payment information and attempt to act as an intermediary for your loss. If a user has been frauded, it will be up to us to ban the responsible party from our platform.
If you require any more information or have any questions about our Terms of Service Agreement, please feel free to contact us by email at [email protected].