Conditions of Service
(EFFECTIVE DATE: October 2021)
Section 1. OVERVIEW
Thank you for visiting our website. Barre Fit Warriors is an online business offering health and fitness content, information, and services via the website: barrefitwarriors.ca. The terms used on this website and all platforms “we,” “us” and “our” refer to the owner, instructors, agents and affiliates of Barre Fit Warriors. The terms “website” or “site” refer to barrfitwarriors.ca. The terms “user,” “users,” “you,” and “your” refer to website visitors and customers, whether personal or business entities, and include, but are not limited to, business entities’ agents, representatives, contractors, affiliates, and employees.
Section 2. TERM
This Agreement shall be effective immediately upon visiting, using or interacting with (collectively referred to as “using” or “visiting”) our website. By using our website, the user accepts to be bound by the terms included herein and shall remain effective so long as the user avails itself of the website’s Services.
We may change or amend this Agreement at any time. Any changes to this Agreement will be posted on our website and will be effective when published unless otherwise stated. If you use our website or Services after the effective date of any changes, then you agree to comply with the changes and the entire Agreement.
Section 3. APPLICABILITY
To use or access our website and Services, you must be eighteen years or older than the age of majority and must have the ability to enter into this Agreement.
Section 4. USE FOR LAWFUL PURPOSES ONLY
All users and visitors must use this website and its Services for lawful purposes only. You hereby agree to use our website, content, products, and other Services for legitimate and non-commercial purposes only. You shall not transmit any material through our website which violates or infringes the rights of us or others, or material that is threatening, abusive, defamatory, profane, obscene, invasive, or which encourages criminal or illegal conduct or that would give rise to civil liability or otherwise violate any law.
Section 5. DISCLAIMERS, WARRANTIES, AND LIABILITY
- Educational and Informational Purposes Only
All of the information provided on our website and contained in our products, whether for purchase or not, is for educational and informational purposes only. Nothing on our website claims to guarantee accurate, complete, reliable, or up-to-date information.
- Warranties & Guarantees
We strive to provide the most accurate information possible. However, we cannot ensure that our content is completely free from error or that it is timeless. As such, we do not give any warranty or other assurance as to the accuracy, completeness, timeliness, lack of errors, or fitness for purposes of any of the content or materials contained within and placed on our website, social media, products, or other publications. To the maximum extent of the law, we provide our website and Services “as is” without any warranties, representations, or guarantees, whether express, implied, or otherwise.
- Earnings & Results
We make no guarantee of any kind regarding the potential income or results that can be generated through the use of our Services, products, social media or website. From time to time, we may publish testimonials or images – however, please keep in mind that past results or images used are not an indication or promise of your results.
As with any health-related program or service, your results may vary, and will be based on many variables, including but not limited to, your individual capacity, life experience, unique health and genetic profile, starting point, expertise, and level of commitment.
- Affiliate Programs
We reserve the right to link to products or services for which we earn a commission, affiliate fee, or referral fee (all of which are interchangeable and mean the same thing for purposes of this Agreement). We will take reasonable measures to ensure that all affiliate links are labeled and disclaimed conspicuously.
- Limitation of Liability
To the fullest extent permitted by applicable laws, we disclaim liability for any injuries, losses, or damages of whatever nature arising from the following, either directly, indirectly or consequentially: loss of use, loss of data, damage by Virus, loss or damage to property, claims of third-parties.In no event will we be liable to any part for any direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on this website, emails, programs, services, including, without limitation, any lost profits, personal business interruptions, personal injuries, accidents, misapplication of information or any other loss, malady, disease or difficulty, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.The owner, instructors, agents and affiliates of Barre Fit Warriors are not licensed medical care providers and represent it has no expertise in diagnosing, examining, or life-threatening medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition.We are not medical health practitioners or mental health providers, and we are not holding ourselves out to be in any capacity. Rather, we serve as trainers and guides who help you reach your own health and wellness goals.
Section 6. SECURITY & INDEMNIFICATION
In order to maintain the security of your Personal Information, we have taken reasonable methods to prevent unauthorized access and maintain accuracy of all Personal Information collected by our website.
Transmission of information over the internet is not fully secure. As such, we cannot guarantee that any information you submit to us will be accessible to only us as the intended recipients. Any transmission is at your own risk. However, we do our best to protect your data and any information you provide. Nevertheless, if there is a security breach on behalf of an unauthorized party, you agree to indemnify us and hold us harmless for any and all claims against the unauthorized party.
We strive to prevent the introduction of malware, malicious code, and viruses to our website and our users (collectively referred to as “viruses”). However, due to the inherent nature of the internet, we are unable to guarantee or warrant that our websites, products, content or other Services are completely free from viruses. As such, we will not be liable for any damages or harm that is attributable to viruses that may arise after use of our website or Services. It is your responsibility to take reasonable measures to prevent the intrusion of viruses onto your hardware and software, and take appropriate steps to ensure your computer and web browser are not exposed to the risk of interference or damage from viruses.
Your use of our website, products and Services is completely voluntary. As such, you shall indemnify us and hold us and our agents and affiliates harmless for any damages or injury that may arise from your use of our website, products and Services, which include, but are not limited to, issues regarding the confidentiality and security of your Personal Information.
References, advertisements or links in this website, emails, programs or services to any other business or entity’s information, opinions, advice, programs, services, or products do not constitute our endorsement or recommendation. We are not responsible for the content of any off-site web pages, companies or persons links or reference in this site.
Section 8. INFORMATION COLLECTED
- Information in exchange for products or services – We ask for personal information, such as names, email addresses, phone numbers, credit card numbers, account information and/or billing addresses in an exchange for our product, content, or Services.
- Transaction Information – When you download or purchase a product from our website, certain information may be collected, such as the date of the purchase and product details. This information is collected and used for internal purposes only. If you purchase one of our products, certain data is required to fulfill your request, such as credit card numbers/expirations/security codes, billing information and addresses, zip codes, and names, which will be processed through a third-party payment program. This information will not be shared intentionally with any party other than the third-party programs responsible for processing your payment and procuring payment to us.
Section 9. INFORMATION USED
By using our website, you hereby agree that any and all information collected may be used for the following purposes:
- To provide content, products, and other Services to you.
- To process and fulfill any purchases or orders, which may include sending emails to you.
- To communicate with you, such as via email, including promotional emails, newsletters, and product attachments.
- To provide customer service and manage individual accounts.
- To provide you with a personalized online experience.
- To grant you access to certain content and services online.
- To educate us on our user’s tendencies and preferences.
- To fulfill a contract, we have with you.
- To optimize our website and our users’ experience.
- To prevent, mitigate, and investigate security breaches.
- To verify or authenticate information.
- To respond to lawful requests from government authorities, if applicable.
- To resolve disputes with users.
- To prevent fraud or security issues.
- To fulfill or enforce our agreements with third-parties.
- To protect our legitimate business interests, which include but are not limited to: i) providing or administering Services to you and our users; ii) maintaining records; iii) analyzing data for business purposes and quality assurance; iv) communicating with you regarding the administration of Services and our obligations associated therewith; v) legal purposes, such as in dispute resolution, litigation, investigations, or regulatory purposes.
Section 10. GOVERNING LAW & VENUE
Barre Fit Warriors is located in Canada and is subject to the applicable laws governing the Province of Ontario. The governing law for this agreement is the law of the Province of Ontario.
Section 11. INTELLECTUAL PROPERTY & STOCK PHOTOGRAPHY
- Stock Photography – This website may use free stock photography as part of its design. All stock images used have an irrevocable, non-exclusive copyright license to download, copy, distribute, use and modify the photos for free, including for commercial purposes. Use of said stock photography is permissible under applicable laws without permission from the photographer or attributing the work to the photographer.
- Intellectual Property – This website, content and products contain intellectual property owned by us and by third-parties that license some intellectual property to us. This Agreement is intellectual property owned by us. Other examples of intellectual property found on our website and within our products and Services include, but are not limited to: trademarks, service marks, layout, logos, business name, design, text, written copy, certain images, videos, audio files, and all of our paid products (collectively referred to as “Intellectual Property”). You shall not copy, publish, transmit, transfer, sell, create derivative works from, reproduce, or in any way exploit any of the Intellectual Property owned by us and the third-parties described within this Section in either whole or part without prior written consent.
We grant you a limited, revocable, nonexclusive, non-transferable license to access Barre Fit Warriors services to make personal and non-commercial use of their content. if you are not willing to be bound by the terms of this license agreement, you are not permitted to use or access the services or content of the website.
Section 12. MISCELLANEOUS
- Amendments – We reserve the right to amend this Agreement from time to time. You are bound by any changes made after the publication of the changes on our website. We will take reasonable efforts to notify you of any changes that are made.
- Headings & Severability – Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favorable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.
- Entire Agreement – This Agreement reflects the entire agreement between the parties. This Agreement trumps any other existing negotiations, communications or Agreements between the parties, whether written, oral, or electronic, and is the full extent of the Agreement between the parties.
- All Rights Reserved – All rights not expressly granted in this Agreement are reserved by us.
- Refund and Extension Policy – Due to the nature of the products and Services provided, you hereby agree and acknowledge that all sales are final. You agree and acknowledge that your purchase of any product or Service is non-refundable, under any circumstances. Please note that there is a fee required should you require an extension on class credits, with a maximum extension period of 4 weeks. Additionally, please be aware that the total duration of extensions cannot exceed 60 days in total.
- Limited License – You acknowledge that any and all products or Services that you download are for your own personal and internal business use. You shall not copy, reproduce, transmit, modify, edit, create derivative works from, alter, sell, or share with others any products or Services that you purchase or download from our website, without prior written consent or unless provided otherwise. We grant you a limited, personal, non-exclusive and non-transferable license to use the Products for your personal and internal business use.
Section 14. UPDATES
Section 16. CONTACT
Questions or comments regarding this site, services or Barre Fit Warriors may be directed to us by email at email@example.com