ReachFitness.tv

TERMS AND CONDITIONS OF USE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE CAREFULLY. By using our Website, you agree to these Terms and Conditions of Use ("Terms & Conditions"). We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time. You should check these Terms & Conditions periodically for changes. By using this Website after we post any changes to these Terms & Conditions, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms & Conditions, you should not use our Website and, if applicable, you should arrange to cancel your registered user account or subscription with us.

1. Scope

Unless otherwise indicated, these Terms & Conditions apply to your use of the ReachFitness.tv website including without limitation, all content (defined as all information and data that is part of this website, including without limitation, classes, videos, written text, and posted graphics and images), code, software, tables, and scripts.

2. Binding Agreement

BY ACCESSING OR USING THIS SITE, YOU ARE DEEMED TO HAVE READ, UNDERSTOOD AND AGREED TO EACH OF THE TERMS, CONDITIONS AND NOTICES SET FORTH IN THIS AGREEMENT. IF YOU DO NOT UNDERSTAND OR AGREE TO EACH OF THE TERMS, CONDITIONS AND NOTICES IN THIS AGREEMENT, YOU SHOULD NOT ACCESS OR USE THIS SITE IN ANY MANNER.

3. Restrictions of Use

You acknowledge that this website contains content, code, software, tables, scripts, and other information ("Content") that are protected by trademarks, patents, copyrights, trade secrets and/or other proprietary rights. Our commercial partners, instructors, contractors, and other third parties may also have additional proprietary rights to content which they make available on this website. You may not publish, modify, sell, distribute, or participate in the transfer or sale of any of the Content, in whole or in part.

4. Becoming a Subscriber

You do not have to be a subscriber to use this website. However, if you do not subscribe, you may be precluded from using certain areas and products of our Website. If you elect to become a subscriber, you agree to provide us with accurate and complete information about yourself and you further agree to maintain and update this information. If you provide any information that is inaccurate or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your access to and future use of our website.

As a subscriber, you will be given an opportunity to establish a password that will used to access and use protected areas of the website. You are solely responsible for protecting the security and confidentiality of the password. You shall immediately notify the Company of any unauthorized use of the password, or any other breach or threatened breach of this website’s security.

If you do not abide by these Terms & Conditions at any time or are found to be abusing or misusing the website in any way, you agree that the Company may immediately restrict or terminate your access to this website. Irrespective of the foregoing, the Company's reserves the right in our sole discretion and without prior notice of liability to restrict or terminate your account, your password, and/or access to this website at any time. You agree that we shall not be liable to you for any termination or cancellation of your access to, or use of, our website.

5. Use by Minors

ReachFitness.tv is not designed for use by children under the age of 18. By using or become a subscriber of ReachFitness.tv, you agree and warrant that you are 18 years old or older.

6. Contractual Agreements

From time to time, the Company will offer promotional or other extended term offers. By choosing to participate in one of these programs, you acknowledge and agree that you are entering into a contract to pay for the services for the term of the agreement regardless of use.

7. Privacy and Security

We are committed to protecting your maintaining your privacy and security. Please review our Privacy Policy, which is incorporated into these Terms & Conditions by this reference.

8. Links to other Internet Websites

This webite may contain links to Internet websites owned, operated or maintained by third parties not under ReachFitness.tv' control. These links are provided for your convenience only. Such links are not to be deemed as an endorsement of the organization or individual associated with the linked site. You assume sole responsibility and liability for your use of such linked sites.

9. Health Disclaimer

You are specifically warned and advised to seek the advice of a physician before beginning any exercise regimen. ReachFitness.tv is not a substitute for physician consultation or treatment and nothing contained in this website should be construed as giving medical advice, diagnosis, or information.

10. Warranty Disclaimer

(a) ALL CONTENT, OFFERINGS, EDUCATIONAL CLASSES AND MATERIALS ON THIS WEBSITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THIS SITE MAY INCLUDE MISTAKES, OVERSIGHTS, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

(b) THE COMPANY DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT HOST THIS WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

(c) NO INFORMATION OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, INDIRECT OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUES, BUSINESS, USE, DATA OR OTHER INTANGIBLES), WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF THE COMPANY HAD BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. WE FURTHER DISCLAIM ANY LIABILITY CAUSED BY INTENTIONAL OR UNINTENTIONAL NEGLIGENCE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE.

12. Indemnification

You agree to indemnify, defend and hold harmless the Company and their respective officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your access or connection to, or use of this website, including without limitation claims arising out of information or content submitted to this website by you, your violation of a third party’s intellectual property or other rights, or any claims alleging facts that if true would constitute a breach by you of these terms and conditions. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the Company’s defense of such claims.

13. Assignment

You shall not assign or otherwise transfer these Terms & Conditions or assign, delegate or otherwise transfer any of your rights, interests or obligations under these Terms & Conditions and any such assignment, delegation or other transfer shall be void. These Terms & Conditions shall inure to the benefit of the Company’s successors, assigns and licensees.

14. Governing Law and Choice of Forum

These Terms & Conditions shall be governed by and construed in accordance with Canadian laws, without giving effect to any principles of conflicts of law.

15. Miscellaneous Terms

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

16. Reservation of Rights

The Company reserves to itself any and all rights not expressly granted herein.