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Services Agreement

AIM FITNESS ONLINE MEMBERSHIP SITE SERVICES AGREEMENT

By completing the registration process and clicking the “I accept” button, you are indicating your agreement to be bound by all of the terms and conditions of the agreement below. Read the agreement carefully as it sets forth your rights and obligations with respect to use of the online services provided by A.I.M. Fitness (hereinafter “Company”). If you are not willing to be bound by the terms and conditions of this agreement, you should click the “I don’t accept” button.

1. Acknowledgment and Acceptance of Terms of Service

The Company’s Membership Site Services (“Services”), owned and operated by the Company, are provided to you under the terms and conditions of this Terms of Service (“TOS”) and any operating rules or policies that may be published by the Company. The TOS comprise the entire agreement between you and the Company on the access and use of the Services and supersede all prior agreements between the parties regarding the subject matter contained herein.

2. Description of the Services

In consideration for a monthly payment of $9.99 usd* (or a yearly payment of $107.90 usd*) until June 15, 2020. *(The reduced price is locked in for the first year only.) Starting June 16, 2020, all new members pay $24.99 usd/month (or a yearly payment of $269.90 usd). The Company agrees to provide you a subscription to our Services, which includes:

Access to 12 fitness videos (along with past videos), a PDF calendar, worksheet, exercise sheets, and 2 group video calls per month.

You must provide all equipment, including a computer and modem, necessary to establish a connection to the Internet; and provide for your own access to the website and pay any telephone or other connection and service fees associated with such access.

3. Privacy Policy

In consideration for the Services, you agree to provide certain current, complete, and accurate information about you as prompted to do so by the Services and maintain and update this information as required. All information requested upon original sign up will be referred to as registration information (“Registration Information”). This Registration Information will be owned by the Company. The Company will only use or disclose this information or any other Personal Information for the purpose for which it was collected, except with your consent or as required by law.

For our complete Privacy Policy, please refer to www.activitiesinmotion.ca/privacypolicy.

4. Modifications to Terms of Service

The Company reserves the right to modify the terms and conditions of the TOS at any time and at its sole discretion. The Company will post any update[s] to the TOS on this website. By continuing to use the Services, you agree to be bound by the amended TOS.

5. Modifications to the Services

The Company reserves the right to modify or discontinue the Services, or any portion thereof, at any time, with or without notice to you. The Company will not be liable to you or any third party should the Company exercise its right to modify or discontinue the Services.

6. User Account, Password and Security

You are entirely responsible for maintaining the confidentiality of your password and account, and for any and all activities which occur under your account or password. You agree to immediately notify the Company of any unauthorized use of your account, password, or any other breach of security. You may change your password or profile by following instructions on the system.

7. Disclaimer of Warranties

The Company provides the Services on an “as is” and “as available” basis, and you use such Services at your sole risk.

The Company makes no warranty that the Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error free; nor does the Service Company make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services or that defects in the Services will be corrected.

The Company expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk. The Company is not responsible for your computer system or loss of data that results from the download of such material and/or data.

The Company makes no warranty regarding any goods or services purchased or obtained through the Services or any transactions entered into through the Services. No advice or information, whether oral or written, obtained by you from the Company will create any warranty not expressly made herein.

8. Limitation of Liability

In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our site or the content or material or functionality through our site, even if we are advised of the possibility of such damages.

9. Indemnification

You agree to indemnify, defend, and hold the Company, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made or brought by any third party due to or arising out of your use of the Services or any part thereof, the violation of this TOS or any provision therein by you, or the infringement or misappropriation by you, or a third party using your computer, account or password to access and/or use the Services, of any Intellectual Property Rights of any person or entity, or the use or misuse by you or third parties of your passwords or accounts.

10. No Medical Advice

The information, tools and/or resources provided as part of our Services are in no way intended to be a replacement for professional medical evaluation, advice, diagnosis or treatment (“medical advice”). They are for general information purposes only. Please consult a physician before using any of the general information provided through the Services or before beginning any nutrition, fitness or exercise program offered by it.

11. Termination

The Company may terminate the Services at any time, for any or no reason, with or without prior notice, and without liability. The termination of the Services will terminate your access to the Fitness Portal and all services made available to you through the Portal.

To terminate the Services, you must provide 5 days notice to the Company by emailing the Company at Meg@ActivitiesInMotion.ca with “Termination Request” in the subject line or canceling directly through your member login portal.

12. Notice

All notices to a party will be made in writing either via e-mail or conventional mail. The Company may broadcast notices or messages through the Services to inform you of changes to the TOS, the Services, or other matters of importance; such broadcasts will constitute notice to you.

13. Law

The TOS will for all purposes be governed by and interpreted in accordance with the laws of Ontario. You and the Company agree to submit to the exclusive jurisdiction of the courts of Ontario. The Company’s failure to exercise or enforce any right or provision of the TOS will not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.

14. Assignment

No right may be assigned, and no duty may be delegated, by either party under this Agreement except upon the written consent of the other party and any attempted assignment and delegation without such consent will be void and without effect. Notwithstanding the foregoing, however, the Company will be entitled to assign this agreement, and all rights and obligations hereunder, to a successor to all or substantially all of its assets, whether by sale, merger or otherwise. This TOS will be binding upon and will inure to the benefit of the parties hereto and their respective representatives, heirs, administrators, successors and permitted assigns except as otherwise provided herein.

15. No Agency

Neither party is, nor will it be deemed to be, an agent or legal representative of the other party for any purpose. Neither party will be entitled to enter into any contracts in the name of or on behalf of the other party, nor will either party will be entitled to pledge the credit of the other party in any way or hold itself out as having authority to do so.

16. Severability

If any provision(s) of the TOS is/are held by a court of competent jurisdiction to be contrary to law, or otherwise invalid or unenforceable, then such provision(s) will be construed to reflect the intentions of the parties with the other provisions remaining in full force and effect.

17. Waiver

Any waiver (express or implied) by either party of any breach of this TOS will not constitute a waiver of any other or subsequent breach. No provision of the TOS will be waived by any act, omission or knowledge of a party or its agents or employees except by an instrument in writing expressly waiving such provision and signed by a duly authorized officer of the waiving party.

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