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Terms & Conditions

Lisa P’s Quick Fitness, Inc. and its affiliates ("QuickFitness.ca" "we" or "us") provide online and mobile services, including, but not limited to the Lisa P’s Quick Fitness website ("QuickFitness.ca" or the "Site"), widgets, computer programs and mobile applications hosted by or on behalf of Lisa P’s Quick Fitness (collectively, the "Lisa P’s Quick Fitness Services"). THIS IS A LEGAL AGREEMENT BETWEEN YOU AND LISA P’S QUICK FITNESS, INC. AND GOVERNS YOUR USE OF THE LISA P’S QUICK FITNESS SERVICES . Subject to your acceptance of and adherence to these Terms of Use (the "Terms of Use"), Lisa P’s Quick Fitness hereby grants you a limited, non-exclusive license to utilize the Lisa P’s Quick Fitness Services as set forth herein. The terms "you" and "user" shall refer to all individuals and entities that access the Lisa P’s Quick Fitness Services.

By your affirmative actions of registering for and/or using the Lisa P’s Quick Fitness Services, you signify your agreement to these Terms of Use and our Privacy Policy.

Modifications to the Terms of Use

We may make changes to the Terms of Use from time to time. A link to the most current Terms of Use will be available on the Lisa P’s Quick Fitness home page and we will indicate the date of the "Latest Update" at the top of the Terms of Use. We may also place a special notice on the Lisa P’s Quick Fitness Services or communicate significant changes by email. Your continued use of the Lisa P’s Quick Fitness Services following the posting of such changes constitutes your acceptance of the Amended Terms of Use.

Requirements for Use of the Lisa P’s Quick Fitness Services

The Lisa P’s Quick Fitness Services are available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.

Full use of the Lisa P’s Quick Fitness Services requires compatible Lisa P’s Quick Fitness Products, Internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors. The Lisa P’s Quick Fitness Services is not a guaranteed part of any third party product or service offering, and no purchase or obtaining of any third party product or service shall be construed to represent or guarantee you access to the Lisa P’s Quick Fitness Services.

Please see the section entitled "Precautions" below for recommended precautions related to your use of the Lisa P’s Quick Fitness Products and the Lisa P’s Quick Fitness Services.

Agency

You represent that you are using the Lisa P’s Quick Fitness Services for its intended purpose. If you are registering or using the Lisa P’s Quick Fitness Services on behalf of a company or other organization, you represent that you have authority to bind your employer by your actions.

Precautions

Content found on Lisa P’s Quick Fitness.com or through the Lisa P’s Quick Fitness Services is for informational purposes only and is not intended to replace the relationship between you and your physician or other medical provider. We are not a licensed medical care provider and have no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. You should always consult a physician before starting a fitness program, changing your diet or if you have any questions regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on or through the Lisa P’s Quick Fitness Services. You should consult with your physician before following any training instructions you receive through the Lisa P’s Quick Fitness Services or participating in any event announced on or through the Lisa P’s Quick Fitness Services. Not all exercises or activities described on the Lisa P’s Quick Fitness Services are suitable for everyone. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury and/or death. If you think you may have a medical emergency, call your physician or 911 immediately. If you feel discomfort or pain, immediately stop the activity causing such discomfort or pain. People who have Type 1 diabetes or other adverse medical or nutritional conditions should not use the Lisa P’s Quick Fitness Services unless such use is directed and closely monitored by a physician. By using the Lisa P’s Quick Fitness Services, you represent that you have received consent from your physician to participate in the programs, workouts, and exercises described on the Lisa P’s Quick Fitness Services.

We are not responsible for any health problems that may result from training programs, products, or events you learn about through the Lisa P’s Quick Fitness Services. If you engage in any exercise program you receive or learn about through the Lisa P’s Quick Fitness Services you agree that you do so at your own risk and are voluntarily participating in these activities.

Information on the Lisa P’s Quick Fitness Services

We try to provide helpful and accurate information on the Lisa P’s Quick Fitness Services, but we make no endorsement, representation or warranty of any kind about any information, services or recommendations made available through the Lisa P’s Quick Fitness Services. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Lisa P’s Quick Fitness Services. If you rely on any information provided by Lisa P’s Quick Fitness, Lisa P’s Quick Fitness employees, or others appearing on or contributing content to the Lisa P’s Quick Fitness Services, you do so solely at your own risk.

User-Generated Content

Subject to Lisa P’s Quick Fitness's adherence with the privacy settings you select within the Lisa P’s Quick Fitness Services, you hereby grant to Lisa P’s Quick Fitness a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit any text, photographs or other data and information you submit to the Lisa P’s Quick Fitness Services (collectively, "User Generated Content") in any media now existing or hereafter developed, including without limitation on websites, in audio format, and in any print media format. "User Generated Content" includes but is not limited to content posted on message board posts, blogs, journals, food and recipe submissions and user comments. Subject to Lisa P’s Quick Fitness's adherence to the privacy settings you select within the Lisa P’s Quick Fitness Services, you hereby waive any rights of publicity and privacy with respect to the User Generated Content and any other legal or moral rights that might preclude Lisa P’s Quick Fitness's use of the User Generated Content or require your permission for Lisa P’s Quick Fitness to use the User Generated Content. You agree not to assert any claim, whether based on tort, contract, or other legal theory, against Lisa P’s Quick Fitness or its sublicenses relating to Lisa P’s Quick Fitness's or its sublicenses' use of the User Generated Content in accordance with your privacy settings, and you hereby release Lisa P’s Quick Fitness and its sublicenses from any such claims. You represent that your User Generated Content: (1) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights; (2) will not violate any law, statute, ordinance or regulation; (3) will not be obscene or contain child pornography; (4) will not contain any viruses, worms, time bombs or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (5) will not violate any third party's rights of publicity or privacy; and (6) will not be defamatory, unlawfully threatening or harassing, harmful to minors in any way, or otherwise offensive or inappropriate. You are responsible for complying with all laws applicable to your User Generated Content.

Registration and Password; Privacy Policy

You are responsible for maintaining the confidentiality of your login information and password. You shall be responsible for all uses of your login information, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your login information or password. Lisa P’s Quick Fitness cannot and does not assume any responsibility or liability for any information submitted by someone who has fraudulently accessed your Lisa P’s Quick Fitness account or for any third party's fraudulent use or misuse of information submitted by you.

You represent that the information that you provide about yourself as requested in the Lisa P’s Quick Fitness account registration form (the "Registration Data") is accurate and complete, and you agree to update your account information, as necessary, including providing Lisa P’s Quick Fitness with your current email address, so that you may receive notifications and other account-related communications.

Ownership of the Lisa P’s Quick Fitness Services

Lisa P’s Quick Fitness or its licensors thereof, including all copyrights, trademarks, and other intellectual property rights therein, owns the Lisa P’s Quick Fitness Services and all aspects. You acknowledge that the Lisa P’s Quick Fitness Services and any underlying technology used in connection with the Lisa P’s Quick Fitness Services contain Lisa P’s Quick Fitness's intellectual property and proprietary information. You may not reproduce, distribute, modify or create derivative works of, publicly display (including by framing any content), or commercially exploit any part of the Lisa P’s Quick Fitness Services except as necessary to view the content therein and to create a reasonable number of copies of portions of such content (without modification) for your personal, non-commercial use. Lisa P’s Quick Fitness and its licensors retain all rights in the Lisa P’s Quick Fitness Services not expressly granted to you by Lisa P’s Quick Fitness.

If you violate any of these Terms of Use, your permission to use the Lisa P’s Quick Fitness Services automatically terminates and you must immediately destroy any copies you have made of any portion of the Lisa P’s Quick Fitness Services.

Email Rules

Some of our users will make their email addresses available if they wish to converse with other users with similar interests or goals. If you use this information, you agree not to transmit "spam" or other unwanted solicitations, or any material that is harassing, threatening, offensive, obscene, abusive, harmful, defamatory, invasive of another's privacy, infringing of another's intellectual property rights, or illegal. Users found using email information in this manner may have their user accounts terminated. We are not responsible for the content of email messages sent to you by our users or from third parties.

Community Pages

There are several areas on the Lisa P’s Quick Fitness Services, on which users may post information, including journals and message boards on user profiles, food pages and photos (collectively, "Community Pages"). Any information posted to the Community Pages can be viewed by anyone who visits the Lisa P’s Quick Fitness Services (whether or not such visitors are registered users). Lisa P’s Quick Fitness does not endorse any information posted on the Community Pages and posts made by users do not necessarily reflect the views of Lisa P’s Quick Fitness. Information on the Community Pages should not be taken as medical advice and we are not responsible for such information or for editing any factual errors or making any type of corrections to such information. Any action taken by you based on information presented on the Community Pages is at your own risk.

By using our Community Pages, you agree to adhere to the following community guidelines:

Be respectful of the opinions of others. Even though you might not agree with someone, that doesn't mean they are wrong or deserve to be belittled. Remember that what works for you may not work for everyone else. Give everyone the same courtesy you would expect in return. Do not post profane or explicit content.Do not post profile pictures that might be considered inappropriate.Do not post communications that could be interpreted as threatening or harassing. Do not post, advertise or promote products commercially.

Lisa P’s Quick Fitness has the right to remove a post on the Community Pages if it does not meet these standards or for any other reason Lisa P’s Quick Fitness deems appropriate.

Copyrighted Materials

You agree that any materials posted by you shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you have obtained all necessary rights and licenses required to allow the posting of any content posted by you.

If you feel that any content posted on the Lisa P’s Quick Fitness Services infringes your copyrights or other intellectual property rights, please notify us by sending an email to lisa@quickfitness.ca

User Indemnification Of Lisa P’s Quick Fitness

Upon request by us, you agree to defend, indemnify and hold Lisa P’s Quick Fitness and its partners, affiliates, service providers, licensors, officers, directors, employees and agents harmless from and against any and all losses, liabilities, damages and costs, including but not limited to reasonable legal and accounting fees, arising from any claims, actions or demands related to or alleged to relate to: (a) your use of the Lisa P’s Quick Fitness Services, including any User Generated Content you post, store, reproduce, display, or distribute via the Lisa P’s Quick Fitness Services; (b) your violation of the Terms of Use; or (c) your violation of any intellectual property or other third party rights or any applicable law in connection with your use of the Lisa P’s Quick Fitness Services. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting and available defenses.

User Conduct

If we determine that any user is not using the Lisa P’s Quick Fitness Services responsibly, we have the right (but not the obligation) to remove, edit, block, or delete such user's transmissions, User Generated Content, or use of the Lisa P’s Quick Fitness Services. We also have the right (but not the obligation) to suspend or terminate your access to and use of Community Pages or other parts of the Lisa P’s Quick Fitness Services, or delete information you have posted to the Lisa P’s Quick Fitness Services, without prior notice if you engage in any conduct that we believe, in our sole discretion: (a) violates any provision of the Terms of Use, (b) violates the Community Guidelines, (c) is offensive to other users, (d) violates the rights of Lisa P’s Quick Fitness or third parties, or (e) could cause Lisa P’s Quick Fitness liability. Without limiting the foregoing, upon any termination of your account or access to the Lisa P’s Quick Fitness Services we may delete all User Generated Content and other information related to your Community Pages. If Lisa P’s Quick Fitness suspects that your Registration Data is inaccurate or incomplete, we may suspend or terminate your account.

Changes to Lisa P’s Quick Fitness Services

Lisa P’s Quick Fitness may change or discontinue, temporarily or permanently, any feature or component of the Lisa P’s Quick Fitness Services at any time without further notice. In addition, we may, without notice to the applicable user, terminate individual Community Pages that have been inactive for more than 30 days, but have no obligation to do so. You agree that Lisa P’s Quick Fitness shall not be liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Lisa P’s Quick Fitness Services.

Third Party Services

The Lisa P’s Quick Fitness Services may provide links or references to websites operated by third parties. We do not monitor or investigate such websites and we are not responsible for the content, functionality, or practices of such websites. Inclusion of links to third party websites on our Lisa P’s Quick Fitness Services does not imply approval or endorsement of the linked website by us. If you decide to leave our Lisa P’s Quick Fitness Services and access these third party websites, you do so at your own risk. Lisa P’s Quick Fitness suggests that you read the terms of use and privacy policies (if any) on those third party websites. You agree that Lisa P’s Quick Fitness has no liability for any damage or loss of any type that is a result of your use of a third party website.

Content And Warranty Disclaimer

THE WEBSITE IS PROVIDED BY LISA P’S QUICK FITNESS AND ITS AFFILIATES "AS IS." NEITHER LISA P’S QUICK FITNESS NOR ITS PARTNERS, SUPPLIERS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, ITS CONTENTS, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE WEBSITE. IN ADDITION, LISA P'S QUICK FITNESS AND ITS PARTNERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE WEBSITE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, Lisa P’s Quick Fitness DOES NOT WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.

Limitation of Liability

IN NO EVENT WILL LISA P’S QUICK FITNESS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT LISA P'S QUICK FITNESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF Lisa P’s Quick Fitness, ARISING FROM OR RELATING TO THE WEBSITE (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY) IS LIMITED TO $100. LISA P’S QUICK FITNESS'S AFFILIATES, PROVIDERS AND PARTNERS HAVE NO LIABILITY WHATSOEVER ARISING FROM THE WEBSITE. In some locations applicable law may not allow certain of the limitations described above, in which case such limitations may not apply to you.

General

The Terms of Use and the resolution of any dispute related to the Terms of Use or the Lisa P’s Quick Fitness Services shall be governed by and construed in accordance with the laws of the province of Ontario, Canada without respect to its conflict of laws principles. If any provision(s) of the Terms of Use is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Lisa P’s Quick Fitness's failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by Lisa P’s Quick Fitness in writing. These terms and conditions constitute the entire agreement between you and Lisa P’s Quick Fitness with respect to the subject matter herein and supersedes any and all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party and any attempt to do so is void.

Terms Specifically Related to Our Online Service

For users who have elected to purchase an online subscription to the Services the following additional terms and conditions shall apply:

1. Description of the Online Service.

If you are signing up for Lisa P’s Quick Fitness Online Membership, for your membership fee, Lisa P’s Quick Fitness hereby grants to you a license to use the following features and services solely for your personal, non-commercial use, subject to this Agreement: Lisa P’s Quick Fitness video library, membership area, recipes, newsletters, and resources.

2. Payments.

You agree to pay Lisa P’s Quick Fitness the stated fees for the Online Service for the duration of time and the amount you selected on the sign up page. You permit Lisa P’s Quick Fitness to charge this fee to your credit card and automatically renew the charge for the duration of your membership until you cancel. We use a third party (PayPal) credit card payment processor to process all payments.

3. Automatic Renewal and Cancellation.

Membership fees will be charged to your credit card and will automatically renew at the price then in effect for the duration of your membership until you cancel. Yearly memberships will automatically renew once a year. Cancellation of your membership can be done in the My Account area on Lisa P’s Quick Fitness. If you choose to cancel, your cancellation will take effect at the end of the term in which you cancelled. If your credit card is invalid for any reason, charged back, or if Lisa P’s Quick Fitness does not receive payment, we will cancel your member benefits immediately.

4. Term.

Unless terminated earlier, this Agreement will remain in force as long as you are a paid subscriber to the Online Services. If you terminate the Service, but continue to be a member of Lisa P’s Quick Fitness, the Terms of Use and Privacy Policy will still apply.

5. Refund Policy and Termination.

If Lisa P’s Quick Fitness cancels the entire Service, you may request a refund in writing within 30 days after the cancellation and receive a refund for the prorated amount of the fees for the Service. If Lisa P’s Quick Fitness makes a material adverse change to the Service or to the terms of this Agreement, you may terminate this Service and request a refund in writing within 15 days of such change and Lisa P’s Quick Fitness will refund the prorated amount of the fees for the Service. If you cancel within 30 days of joining or renewal, you are eligible, upon request, for a full refund. Termination of your Premium Service account and the refund rights above are your sole remedies under this Agreement and against Lisa P’s Quick Fitness in connection with Lisa P’s Quick Fitness's provision of the Premium Service. Because Lisa P’s Quick Fitness reserves the right to alter or discontinue all or any portion of the Online Service or the Site, you should be sure to retain a copy of any materials you post on the Site and your User data.

Representations, Warranties and Covenants.

You represent, warrant and covenant that (a) the membership and credit card information that you supply is true, correct and complete, (b) you will pay any charges that you incur in connection with the Service, including any applicable taxes, (c) you will update your membership and credit card information as required, (d) you will not allow anyone else to use your membership, (e) you will not transfer your membership or password to anyone else and (f) you will report to us any unauthorized or prohibited use of your membership or this Site.

6. Amendment.

Subject to the termination and refund rights above, you agree that Lisa P’s Quick Fitness reserves the right to amend the Online Service and the terms associated therewith at any time and for any reason. Any changes may be posted to the Site or sent to you by email.

Lisa P’s Quick Fitness
16 Sunters Court
Ancaster, On L9G 4Y8

Date of last update: April 7, 2014


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