1. Use of this Site
If you do not agree with these Terms, in whole or in part, do not use this website. If you are dissatisfied with the Site or with one of its services, one of the Terms or the practices of the Owner relative to the operation of the Site, your only recourse is to stop using the Site or the service in question.
You are responsible for ensuring that you have legally accessed this Site and the material available on or through it are legal in the jurisdiction in or through which you access or view the site or such material.
2. Prerequisite Physical Aptitude Test
At first use of the site, an aptitude test is presented to you. The owners ask you to fill out the questionnaire in order to determine if you are capable of participating in a physical exercise program. You are responsible for accurately answering the physical aptitude questions. If the test result indicates that you cannot participate in a physical exercise program, you must obtain the authorization of your physician before participating in a specific program.
Should you feel any pain, discomfort or if you experience any sudden or gradual symptoms such as: difficulty breathing, shortness of breath, chest pain, headache, serious muscular pain, you must immediately stop all physical exercise and consult a physician or seek emergency medical attention.
3. Accuracy of Information
The Owner may update the information or materials on the Site from time to time, but offers no guarantee in this regard. Despite the efforts made to maintain the accuracy of the contents of the Site, errors or omissions may be present. The Owner offers no guarantee and is released of all responsibility or obligation in this regard.
4. Copyright and Trade-marks
All works displayed on this Site, including but not limited to texts, images, illustrations, software, HTML code, audio clips, and video clips, are the exclusive property of the Owner. The material on this website is protected by Canadian copyright law, as well as internationally by different treaties and applicable local laws. Other than the right to view the Site on your computer, you may print one copy of the Site for personal, non-commercial use, so long as you do not alter in any way the copyright or trade-mark notices. All other use of the works or contents of the Site is strictly prohibited and is exclusively reserved by the Owner. Except for the foregoing, the materials displayed on the Site may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part, without the express written consent of the Owner.
Trademarks, official marks, logos, and service marks (collectively, the “Marks”) displayed on the Site, including but not limited to « StudioGym », are registered or unregistered Marks of the Owner or of others having granted a licence to the Owner and are the property of their respective owners. The Marks may not be used without written permission from the respective owners of such Marks and no authorization of use, implied or explicit, is conferred upon you by the Terms.
The Owner makes no representation and gives no warranty that the material displayed on the Site does not infringe the rights of third parties.
The Owner reserves all rights not expressly granted by the Terms. Nothing in the Terms is to be interpreted as implicitly conferring a licence or a right of use in virtue of any copyright, patent, trade-mark or of any other intellectual property right of the Owner or of any other person or entity.
5. Information Transmitted via the Internet
You further acknowledge that all unprotected e-mail communication via the Internet may be intercepted, altered or lost.
6. Username and Password
The use of certain of the services made available on the Site require registration. Should you choose to register, you agree to provide accurate and current information about yourself as required by the relevant registration process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers that you have choosen or that are assigned to you at the moment of registration on the Site, and (b) all activities that occur under such password or account. Further, you agree to notify the Owner of any unauthorized use of your password or account.
You acknowledge that the Owner may, at its sole discretion, without advance warning, deactivate or suspend your account, or your access to the Site and delete all information or contents of the Site for any reason, including but not limited to the Owner’s finding or being informed of that you have violated the Terms. Further, you recognize that the Owner, as well as its directors, officers, and employees, shall not be responsible or liable for any damage caused by the suspension or deletion of your account or by the unauthorized use of your password or account.
The Owner reserves the right to monitor the access to the Site and other activities in relation to the Site. Further, the Owner may, at its discretion, intervene to ensure that the Terms are respected, but makes no representation and gives no warranty as to said monitoring. By using and accessing this website, you expressly consent to said monitoring should the Owner proceed therewith and to any eventual intervention by the Owner considered necessary, in his opinion, so as to ensure that the Terms are respected or to protect itself from any liability.
Links and references to other websites are provided to you as a convenience only. The Owner is not responsible for the content of these other sites or the products or services posted or offered thereon.
You may not create links from other websites to any page of the Site other than to the main page, except if expressly permitted to do so by the Owner. To obtain such permission, please address your request by email at contact page.
9. Dealings with Third Parties and with Personal Trainers
You acknowledge and agree that your correspondence or business dealings with any third parties, including any personnal trainer, merchants or advertisers, found on, or through, this website or any of its services, including payment for and delivery of related products and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. The Site Owner and its affiliates, as well as their respective directors, officers, and employees, assume no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be your's alone. You agree that the Site Owner and its affiliates, as well as their respective directors, officers, and employees, shall not be responsible or liable in any way for any loss or damage of any kind arising out of, or in connection with, any such dealings or transactions.
You consent to the use of “cookies” (small text files transferred to your browser by a website) by the Owner. These cookies are used to allow the Owner to keep a record of your preferences and to make your subsequent visit to the Site more efficient. Cookies also allow the Owner to provide improved service by personalizing content, banners, and promotions that you and other users will have access to in the Site. Most browsers are designed to accept cookies by default, but their settings can be easily modified so that cookies are refused (see your browser’s help files for details). Such a modification may limit access to certain portions of the Site, particularly those which require registration or subscription.
From time to time, the Owner may make contests available to users of the Site. All contests are governed by the rules of the contest which will be published by the Owner or the holder of the contest. By participating in a contest through the website, you signify your agreement and acceptance of the applicable terms and conditions.
If a contest is organized by a third party, you release the Owner of all responsibility and liability related to contest management and the awarding of contest prizes.
12. Exclusion of Warranties
The Owner makes no representation or warranty regarding: (i) the functionality, (ii) the accessibility, (iii) the permanence, (iv) the condition of the Site, the information, applications, products, and services contained on the Site, or (v) the precision of the contents of the Site.
The materials, information, applications, products and services mentioned or offered on the Site are provided “as is”, with no warranty of any kind. The Owner disclaims any warranty, oral or written, statutory, express or implicit, including but not limited to warranties and conditions of merchantability or fitness for a particular purpose or non-violation of the rights of third parties.
These exclusions are in addition to any specific exclusions otherwise provided in these Terms. To the extent that the jurisdiction to which you are subject does not allow exclusion of certain warranties, such non permitted exclusions may not apply to you.
13. Limitation of Liability
The Owner, as well as its directors, officers, and employees, will not be liable in any way, whether towards you or a third party, for claims, losses, costs, expenses or damages of any kind, be they direct, indirect, incidental, special, consequential, exemplary or punitive, including without limitation, for breach of contract, strict liability, contractual or extra-contractual liability, tort, including negligence, or any other legal or equitable liability theory, arising out of or in connection with this website, its content, or the use thereof or access thereto. For greater certainty, but without any limitation and notwithstanding anything to the contrary, the Owner will not be liable for claims, losses, costs, expenses or damages arising out of or in connection with the following:
- telecommunications systems breakdowns, underperformance, delays, interruptions in service, electrical failures and blackouts, including such failures and problems having a negative impact on the communication, transmission, accuracy or prompt reception of information, including your instructions;
- the pirating of the Site or the infection of the Site or your computer by a computer virus or any other malevolent program;
- your inability, at any time, to access any part of the Site;
- the interception, loss or disclosure of confidential or sensitive information communicated via the Internet, including personal information;
- the failure of the Owner to take corrective measures when it is advised of such a problem.
The exclusions and limitations mentioned above shall apply to all types of claim, whether of a contractual or extra contractual nature or based on any other theory of responsibility, and said exclusions and limitations will apply even if the Owner is advised of the possibility of such claims.
Given that certain jurisdictions do not allow certain exclusions or limitations of liability, the responsibility of the Owner in those jurisdictions is limited to the extent permitted by law.
Notwithstanding the foregoing, in the case where the Owner is held responsible for direct damages incurred by you in connection with this Site, that responsibility may not, in any case, exceed the sum paid up to the last year for subscription to the Site.
You agree and undertake to take up the interest, indemnify and hold harmless the Owner, including its directors, officers and employees, from all liability, claims, suits originating from a third party, and damages (including reasonable fees owed to lawyers and experts) arising out of or in connection with any omission on your part, including your failure to respect the present Terms or your use of the Site or the use of the Site by any person to whom you give access to the Site.
15. Responsibility for your computer system
You remain, at all times, entirely responsible for all damage caused to your computer system by (i) the connection, configuration and compatibility of the different components of your computer system, (ii) the use of all material originating from any website whatsoever, (iii) access to any website (iv) the downloading of any data, software or viruses.
The Owner, including its directors, officers, and employees, assumes no liability whatsoever for illicit access to your computer system by hackers, or for the quality, reliability, accountability or speed of services provided by your internet service provider.
16. Damages to Others
You agree and undertake not to introduce in or through this Site any information or material which may be harmful to others.
17. Governing Law
The Site is controlled and operated by the Owner from its offices situated in Montreal, Quebec, Canada and these Terms shall be governed by the laws applicable in the Province of Quebec, without reference to principles of conflict of laws. You accept to be bound by these laws and you submit to the exclusive competence of the courts of the judicial district of Montreal in all matters concerning the application or interpretation of the Terms.
18. Final Dispositions
- If any provision of these Terms should be declared illegal, invalid or unenforceable by any court of competent jurisdiction, such illegality, invalidity or unenforceability shall not have any effect on the Term in question in any other jurisdiction, and shall not render illegal, invalid or unenforceable such provision in any other jurisdiction nor shall it affect the legality, validity or enforceability of any other provision of these Terms and conditions in any jurisdiction.
- The Owner may modify, alter or otherwise update the Terms from time to time without notice. By continuing to use the Site after the coming into force of these modifications, you agree to be bound by the new Terms.
- The Site is controlled and operated by the Owner from the province of Quebec, Canada. If you choose to access the site from other places, you do so of your own volition and it is incumbent upon you to conform to the local laws, when applicable.
- These Terms constitute the entire agreement between the Owner and yourself pertaining to your use of this website, its services and content and supercedes any prior or concurrent agreements, communications and proposals, whether electronic, oral or written, between you and the Owner with respect to the subject matter hereof.
- These Terms apply while you are accessing this website and remain in effect thereafter, subject to section 21(ii) [Changes to Terms] herein. In the event that this website is no longer accessible to you, the provisions set out in section 15 [Exclusion of Warranties], 16 [Limitation of Liability], 17 [Indemnification], and [Copyright and Trade-Marks] of these Terms shall survive thereafter.