Welcome to the www.crossfitcanmore.com personal training, fitness, strength & conditioning website (the ʺWebsiteʺ). The Website provides information on memberships, health & nutrition and helps you to excel in your evolution and athletic pursuits (collectively, the ʺServiceʺ). The Website is owned by CrossFit Canmore (“CrossFit Canmore”, “we”, “our” or “us”). PLEASE READ VERY CAREFULLY THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THE WEBSITE.
1. Acceptance of Terms. These Terms and Conditions of Use (these ʺTermsʺ) set forth legally binding terms for your use of the Website. By using the Website, you agree to be bound by these Terms. If you do not accept the terms of these Terms, you should leave the Website and discontinue use of the Service immediately. We may modify these Terms from time to time, and such modification shall be effective upon its posting on the Website. You agree to be bound by any modification to these Terms when you use the Website after any such modification is posted; it is therefore important that you review these Terms regularly.
2. General Registration Requirements. If you wish to become a “Member” for access and use of the Service, you must register on the Website. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract or have accepted the Terms stated through a parent or guardian and are not a person barred from receiving services under the laws in the Province of Alberta and in the country of Canada or other applicable jurisdiction.
IF YOU ARE AN EMPLOYEE OR AGENT OF A COMPANY AND YOU ARE ENTERING ACCEPTING THESE TERMS TO OBTAIN THE SERVICE FOR USE BY OR FOR THE BENEFIT OF THE COMPANY FOR THE COMPANY’S OWN BUSINESS PURPOSES, YOU HEREBY AGREE THAT YOU ACCEPT THESE TERMS ON BEHALF OF THE COMPANY AND THAT YOU HAVE THE AUTHORITY TO BIND THE COMPANY TO THE TERMS AND CONDITIONS SET FORTH HEREIN.
You also agree to: (a) provide true, accurate, current and complete information about yourself and your company (if applicable) as prompted by the registration form available on the Website (the ʺRegistration Dataʺ) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account(s) and refuse any and all current or future use of the Website and Service (or any portion thereof). Use of the Service and membership on our Website is void where prohibited.
3. Children. Due to the nature of the internet, we cannot prohibit minors from visiting our Website. If you are a minor, your acceptance of the terms and conditions stated herein must be through a parent or lawful guardian. We have the right to presume that you as a Member have lawfully represented your capacity to enter into these Terms whether directly or through a parent or guardian.
4. Member Accounts, Passwords and Security. If you register on the Website or otherwise become a Member, you will be required to choose one or more passwords and provide your email address, and you may be asked for additional information regarding your account(s). You are responsible for maintaining the confidentiality of the password(s) and account(s) information, and are fully responsible for all activities that occur under your password(s) or account(s). You agree to (a) immediately notify us (by e‐mail to [email protected], or call us at (403) 679-1033 (9:00AM to 5:00PM MST M‐F) of any unauthorized use of your password(s) or account(s) or any other breach of security, and (b) ensure that you log out from your account(s) at the end of each session. CrossFit Canmore is not liable for any loss or damage arising from your failure to comply with this Section.
5. User Content. You acknowledge, consent and agree that CrossFit Canmore may access, use, preserve and disclose your account(s) information, including, but not limited to, any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (collectively “Content”) you have posted or made available through our Website (together with your Registration Data ʺUser Contentʺ) if required to do so by law or in good faith believe that such access, use, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any User Content violates the rights of third parties; (d) respond to your requests for customer service; (e) protect the rights, property or personal safety of CrossFit Canmore, its Members and the public; and/or (f) otherwise provide you with access to and use of the Service.
6. Security Components. You understand that our Website and software embodied within our Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by CrossFit Canmore and/or content providers who provide content to CrossFit Canmore. You may not attempt to override or circumvent any such security components and usage rules embedded into our Website.
7. Non‐Commercial Use. The Service may not be used in connection with any commercial purposes, except as specifically approved in writing by CrossFit Canmore or as provided on the Website. The Website is intended for managing your membership. Unauthorized framing of or linking to any part of our Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and User Content without notice and may result in termination of membership privileges.
8. CrossFit Canmore and Third Party Content. Our Website contains Content of CrossFit Canmore (ʺCrossFit Canmore Contentʺ), and Content of third party licensors to CrossFit Canmore which is protected by copyright, trademark, patent, trade secret and other laws. In addition, CrossFit Canmore has developed processes, concepts, online tools manage and grow membership‐based businesses. This is also proprietary information owned by CrossFit Canmore and is CrossFit Canmore Content. By utilizing this Website, you acknowledge and agree that CrossFit Canmore owns and retains all rights, title and interest in the CrossFit Canmore Content. CrossFit Canmore hereby grants to you a limited, revocable, non- transferable, non‐sub‐licensable license to reproduce and display a single copy of the CrossFit Canmore Content and any third party Content located on or available through our Website or Service (excluding any software code therein) solely for your use in connection with viewing our Website and using the Service. Except for User Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through our Website or Service.
10. Payment of Fees. The fees for the Service provided on the Website are posted on the Website. Fees are subject to change without notice. You agree to pay CrossFit Canmore in advance the applicable fees for the Service provided by CrossFit Canmore under these Terms. Unless other arrangements are pre-approved by CrossFit Canmore, we will bill your credit card for all fees for the Service, and you hereby authorize CrossFit Canmore to charge your credit card for all such fees. You will provide us with accurate and complete billing information including legal name, address, telephone number, and credit card billing information. If such information is false or fraudulent, we reserve the right to terminate the Service and your access to the Website in addition to seeking any other legal remedies. CrossFit Canmore is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by CrossFit Canmore. Each charge will be considered valid unless disputed by you in writing within 30 days after the billing date. No adjustments will be made for disputed charges made more than 30 days after the billing date. All fees will be paid in Canadian dollars and are due as set forth on the Website. All fees are exclusive of taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only Canadian (federal or provincial) taxes based solely on CrossFit Canmore’s income.
11. International Use. Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.
13. Copyright Policy. CrossFit Canmore has in place certain legally mandated procedures pursuant to the Digital Millennium Copyright Act (“DMCA”) regarding allegations of copyright infringement occurring on our Website or with the Service. CrossFit Canmore reserves the right in its sole discretion to immediately suspend and/or terminate access to the Service or our Website by any user who is alleged to have infringed on the intellectual property rights of CrossFit Canmore or of a third party, or otherwise violated any intellectual property laws or regulations. CrossFit Canmoreʹs policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want CrossFit Canmore to delete, edit, or disable the material in question, you must provide CrossFit Canmore with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit CrossFit Canmore to locate the material; (d) information reasonably sufficient to permit CrossFit Canmore to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to CrossFit Canmore’s agent for copyright issues relating to the Website at the following:
Attn: Office of Privacy
Or call: 403 679 1033
If you believe that any User Content that you submitted to the Website and was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use such User Content, you may send a counter-notice containing the following information to CrossFit Canmore’s agent for copyright issues: (a) your physical or electronic signature; (b) identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled; (c) a statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or misidentification; and (d) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the appropriate provincial court in Canmore, Alberta and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by CrossFit Canmore’s agent for copyright issues, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at CrossFit Canmore’s sole discretion.
14. Term and Termination. These Terms shall remain in full force and effect for so long as it is posted on our Website. You may terminate your membership for the service at any time, for any reason, by contacting CrossFit Canmore by email at: [email protected] CrossFit Canmore reserves the right to terminate your account(s) or your access to our Website and the Service immediately, with or without notice to you, and without liability to you, if CrossFit Canmore believes that you have breached any of the terms and conditions of these Terms, furnished CrossFit Canmore with false or misleading information, or interfered with use of the Website or the Service by others. The termination of these Terms or your use of the Service will not relieve either party of representations, warranties or obligations that are intended to survive or to be performed after, the termination or expiration of these Terms or the Service. Without limiting the generality of the foregoing, Sections 4, 5, 7, 8, 9, and 12 -25, along with your payment obligations, will survive termination of these Terms or termination of your use of the Service.
15. Disclaimer of Warranties. You expressly understand and agree that: YOUR USE OF THE WEBSITE AND THE SERVICE IS AT YOUR SOLE RISK. THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN ʺAS ISʺ AND ʺAS AVAILABLEʺ BASIS. CrossFit Canmore AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, THE ʺCrossFit Canmore PARTIESʺ) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, WITH RESPECT TO THE SERVICE, THE WEBSITE, AND ANY THIRD PARTY WEBSITES WITH WHICH THEY ARE LINKED.
The CrossFit Canmore Parties are not responsible for any health problems that may result from training programs, exercises, drills (alone or with a partner), products, or events you learn about on the service, or any action or inaction on your part as a result of information you have obtained from the Service. If you engage in any exercise program you receive through the Service, you agree that you do so voluntarily at your own risk, and agree to release and discharge the CrossFit Canmore Parties from any and all claims or causes of action, known or unknown, arising out of your use of the exercise program.
THE CrossFit Canmore PARTIES MAKE NO WARRANTY (I) THAT THE WEBSITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) THAT THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR‐FREE, OR FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES); (III) REGARDING ANY RESULTS YOU MAY OBTAIN FROM THE USE OF THE WEBSITE OR SERVICE; AND (IV) THAT THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR SERVICE WILL MEET YOUR EXPECTATIONS. THE CrossFit Canmore PARTIES DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. ANY MATERIAL DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR WEBSITE OR THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL.
16. LIMITATION ON LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT WILL THE CrossFit Canmore PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF THE SERVICE, THE WEBSITE OR ANY WEBSITE WITH WHICH THEY ARE LINKED, EVEN IF ANY OF THE CrossFit Canmore PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE AGGREGATE LIABILITY OF THE CrossFit Canmore PARTIES TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CrossFit Canmore PARTIES FOR THE SERVICES.
17. Exclusions and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of these Terms remain in full force and effect.
18. Indemnity. You agree to indemnify, defend, and hold harmless the CrossFit Canmore Parties from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your breach of the terms and conditions of these Terms, or your infringement, or infringement by any other user of your account(s), of any intellectual property or other right of any person or entity. CrossFit Canmore will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
19. Additional Terms. We may also require you to follow additional rules, guidelines or other conditions (ʺAdditional Termsʺ) in order to participate in certain promotions or activities available through our Website, to obtain certain premium Content through our Website, or for other reasons. These Additional Terms will be posted on the relevant portions of our Website or on the portions of our Website that describe the specific promotions, Content, or activities. These Additional Terms are part of these Terms, and you agree to comply with them when you participate in those promotions, purchase items from our online stores, or otherwise engage in activities governed by such Additional Terms.
20. Modification and Discontinuation. We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently, the Service or any of our Website (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service or our Website. You are free to download your User Content at any time to provide backup.
21. Independent Contractors. No joint venture, partnership, employment, or agency relationship exists between you and CrossFit Canmore as a result of these Terms or use of the Website or the Service.
23. Choice of Law and Forum. These Terms and the relationship between you and CrossFit Canmore shall be governed by the laws of the Province of Alberta, without regard to its conflict of law provisions. You and CrossFit Canmore agree to submit to the personal and exclusive jurisdiction of the courts located within Canmore, Alberta.
24. Waiver and Severability of Terms. The failure of CrossFit Canmore to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the partiesʹ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
25. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
26. Storage of Data. User logs will be kept for a minimum of one year (e.g. attendance data). Automatic system logs will be kept for six months (e.g. when a user logs in). Email logs will be stored for four weeks. Data beyond these time periods may be permanently purged.
27. Credits. In the event of a request for credit or cancellation, CrossFit Canmore will provide credit for future services. CrossFit Canmore will not provide cash refunds.
28. Questions. If you have any questions regarding these Terms, please contact us by email at [email protected], by phone at (403) 679 1033 (9:00AM ‐ 5:00PM MST).
Updated May 20, 2017.