Terms & Conditions
1. Acceptance of Terms
Welcome to SP Fitness Co. ("SP Fitness Co.," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our website located at [Your Website Address Here] (the "Site") and any content, services, or features offered through the Site.
By accessing or using the Site, you agree to be bound by these Terms and our Privacy Policy [Link to Your Privacy Policy Here], which is incorporated herein by reference. If you do not agree to all of these Terms, do not access or use the Site.
2. Description of Service
SP Fitness Co. provides online resources related to fitness, wellness, exercise, and nutrition, which may include articles, workout plans, videos, community forums, and other content (the "Service"). The Service is provided for informational purposes only.
3. Eligibility
You must be at least 18 years old or the age of legal majority in the Province of Ontario to use this Site. By using the Site, you represent and warrant that you meet this age requirement.
4. User Accounts
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Registration: To access certain features, you may need to register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.
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Responsibility: You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
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Security: SP Fitness Co. is not liable for any loss or damage arising from your failure to protect your password or account information.
5. User Conduct
You agree not to use the Site to:
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Violate any applicable local, provincial, federal, or international law or regulation.
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Engage in any activity that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable.
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Infringe upon the intellectual property rights or other rights of any third party.
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Transmit viruses, malware, or any other malicious code.
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Attempt to gain unauthorized access to the Site, user accounts, or computer systems.
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Interfere with or disrupt the operation of the Site or servers.
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Use any data mining, robots, or similar data gathering or extraction methods.
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Use the Site for any commercial purpose not expressly permitted by us.
6. Intellectual Property Rights
All content on the Site, including text, graphics, logos, images, videos, audio clips, software, and overall design (the "Content"), is the property of SP Fitness Co. or its licensors and is protected by Canadian and international copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Content solely for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content without our prior written consent.
7. Health and Medical Disclaimers (IMPORTANT)
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Not Medical Advice: The Content and Service provided on the Site are for informational purposes only. SP Fitness Co. is not a healthcare provider, and the Content does not constitute medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or before starting any new fitness regimen or making changes to your diet. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.
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Consult Your Physician: Physical activity involves inherent risks. You should consult with your physician or other healthcare professional before starting any fitness program or using any information provided on the Site to determine if it is right for your needs and capabilities. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. Do not start a fitness program if your physician or health care provider advises against it. If you experience faintness, dizziness, pain, or shortness of breath at any time while exercising, you should stop immediately.
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Assumption of Risk: You acknowledge and agree that you are voluntarily participating in activities described on the Site, assume all risk of injury, illness, or death, and agree to release and discharge SP Fitness Co. from any and all claims or causes of action, known or unknown, arising out of your use of the Site or participation in activities described herein.
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No Guarantee of Results: SP Fitness Co. makes no guarantees concerning the level of success you may experience, and you accept the risk that results will differ for each individual. Testimonials and examples provided are exceptional results, which do not apply to the average purchaser, and are not intended to represent or guarantee that anyone will achieve the same or similar results.
8. Website Content Disclaimer
While we strive to provide accurate information, the Content on the Site is provided "as is" and "as available" without warranties of any kind, either express or implied. SP Fitness Co. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site or Content will be accurate, complete, reliable, current, error-free, or uninterrupted.
9. Limitation of Liability
To the fullest extent permitted by applicable law (including the laws of Ontario), SP Fitness Co., its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (a) your access to or use of or inability to access or use the Site or Service; (b) any conduct or content of any third party on the Site; (c) any Content obtained from the Site; or (d) unauthorized access, use, or alteration of your transmissions or content, even if SP Fitness Co. has been advised of the possibility of such damages. In no event shall SP Fitness Co.'s aggregate liability exceed the amount you paid SP Fitness Co., if any, in the past six months for the services giving rise to the claim, or one hundred Canadian dollars (CAD $100), whichever is greater.
10. Indemnification
You agree to defend, indemnify, and hold harmless SP Fitness Co., its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, any use of the Site's Content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Site.
11. Privacy Policy
Your use of the Site is also subject to our Privacy Policy [Link to Your Privacy Policy Here]. Please review our Privacy Policy, which explains how we collect, use, and disclose information about you.
12. Modifications to Terms and Service
We reserve the right, in our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide notice prior to any new terms taking effect (e.g., by posting a notice on the Site). What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Site after those revisions become effective, you agree to be bound by the revised terms. We also reserve the right to modify or discontinue the Service (or any part thereof) with or without notice at any time.
13. Termination
We may terminate or suspend your access to all or part of the Site, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Site will immediately cease.
14. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of or relating to these Terms or the Site shall be brought exclusively in the provincial or federal courts located in Ontario [Optional: Specify judicial district if preferred, e.g., Barrie], and you consent to the jurisdiction of such courts.
15. Miscellaneous
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Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
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Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
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Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and SP Fitness Co. regarding your use of the Site, and supersede and replace any prior agreements we might have had between us regarding the Site.
16. Contact Information
If you have any questions about these Terms, please contact us at:
SP Fitness Co. Email: Sierrapaton@spfitnessco.com Collingwood, ON