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Terms of Use

PLEASE READ THE FOLLOWING CAREFULLY BEFORE YOU USE OUR SITE AND SERVICES.

This website (“Site”) is owned and operated by A.I.M. Fitness (the “Company”). Throughout the Site, the terms “we”, “us” and “our” refer to A.I.M. Fitness. The Company is a personal fitness service provider offering nutrition, health and fitness content, information, products, videos and services to adults aged 50 and over and seniors (the “Services”).

By visiting our Site and accessing the information, services and products we provide to you, you acknowledge that you are 18 years of age or older, and that you have read, understand and agree to be bound by the following terms and conditions (“Terms of Use”) and our Privacy Policy, as amended from time-to-time, and any additional terms and conditions or policies referenced herein and/or available by hyperlink (collectively, this “Agreement”). You further agree to be bound to and in compliance with all applicable laws and regulations, including any applicable local laws.

If you do not agree with any of these Terms of Use, you should not access or otherwise use our Site or Services. The Company reserves the right to update, modify or replace these Terms of Use at any time, in our sole discretion, and such modifications shall be effective immediately upon posting the updates and/or changes to our Site. You agree to review these Terms of Use periodically and your continued use of our Site or Services shall be deemed acceptance of any modified Terms of Use.

If you are under 18 years of age (or under the legal age in your jurisdiction), you may use the Site only with the supervision of a parent or guardian.

ACCEPTABLE USE AND PROHIBITIONS

You agree to use our Site for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. You further agree not to attempt to interfere with our Site’s network or security features or to gain unauthorized access to our systems.

You agree that you will not, in connection with the Site, do or permit the posting, uploading, reproduction, distribution or otherwise transmission of any content that:

o is unauthorized or unsolicited commercial communications, junk or bulk communications or other “spam” or is otherwise duplicative or unsolicited,

o is defamatory, infringing, or unlawful,
o is inappropriate, profane, vulgar, obscene, pornographic,
o violates the rights or assists others to violate the rights of us or any third party,

o engage in threats, harassment, intimidation, stalking or abuse or any conduct that violates the legal rights of others, or

o impersonate or falsely represent your association with any person, including a representative of us.

INTELLECTUAL PROPERTY

All content including, without limitation, all text, design, graphics, drawings, photographs, code and software, and all organization and presentation of such content, which forms a part of this Web site, are subject to intellectual property rights, including copyright and trade marks, held by or licensed to the Company. All such rights are expressly reserved. You are permitted to electronically copy and to print hard copies of pages from this Web site for your own personal, non- commercial use (for personal information and shopping purposes), provided that such copies clearly display the copyright and any other proprietary notices of the Company on their face. No other copying of this Web site, in whole or in part, is permitted without the express written authorization of the Company. All other names, words, logos, slogans and images are the property of and are subject to trade mark rights held by the Company. Certain other trade marks, trade names, words, logos, slogans and images are the property of their respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the owner

USER SUBMISSIONS

This Site may provide features which allow you to post messages and content to designated areas on the Site, to participate in chat groups, to interact with the Company and other users. You agree to not provide content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by the Company in its sole discretion, whether or not such material may be protected by law. The Company may, but shall not be obligated to, review, monitor, or remove content, at the Company sole discretion and at any time and for any reason, without notice to you.

LINKED SITES

This Site may contain links to third-party websites, social media platforms or other resources, but these links and sites (the “Linked Sites”) do not form part of our Services. We do not review, endorse, approve or control, and are not responsible for any Linked Sites, the content of those sites, the third parties named therein, or their products and services. The Linked Sites are for your convenience only and you access them at your own risk.

PRIVACY

The Company respects the privacy of its visitors to its Site and in their use of our Services. All information provided by you or collected by us in connection with your use of this Site or our

Services, including any Personal Information, will be collected, used and disclosed pursuant to the terms of our Privacy Policy. You acknowledge that you have read our Privacy Policy, as it may be updated from time to time, and hereby consent to the collection, use and disclosure by us of your Personal Information (whether previously collected or to be collected) for the purposes identified therein.

NO MEDICAL ADVICE

The information, tools and/or resources provided on this Site are in no way intended to be a replacement for professional medical evaluation, advice, diagnosis or treatment (“medical advice”). It is for general information purposes only. Please consult a physician before using any of the general information that you find on the Site or before beginning any nutrition, fitness or exercise program offered through the Site. Not all nutrition, fitness or exercise programs are suitable for everyone.

DISCLAIMER

YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF OUR SITE, WHICH IS PROVIDED “AS IS” WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA OUR SITE, INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, AND FUNCTIONS AND SERVICES PROVIDED ON OUR SITE, ALL OF WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, COMPLETENESS OR RELIABILITY OF CONTENT OR INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, LIKELY RESULTS OR FITNESS FOR A PARTICULAR PURPOSE. WE FURTHER DO NOT WARRANT THAT OUR SITE OR ITS FUNCTIONING OR THE CONTENT AND MATERIAL OF THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE OR THE SERVERS THAT MAKE OUR SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY

THE USE OF OUR SITE IS AT YOUR SOLE RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH YOUR USE OF OUR SITE. 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.

INDEMNIFICATION

You agree to defend and indemnify us, and hold us and our affiliates harmless, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our site, your violation of the terms, or the posting or transmission of any materials on or through the site by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.

FEEDBACK

To the extent that any feedback that you submit is protected by your intellectual property rights, you hereby grant us a non-exclusive, irrevocable, worldwide license to use the feedback in any way that we choose, and your feedback shall not be deemed confidential information for any purpose. You acknowledge that you have no expectation of confidentiality or privacy with respect to any suggestions or feedback provided by you to us.

TERMINATION OF USE

You understand and agree that the Company may terminate any account or password and/or prohibit you from accessing the Site, in whole or in part, with or without notice and for any reason, including without limitation, breach of these Terms of Use. Any suspected illegal activity may be referred to appropriate law enforcement authorities. The Company shall not have any liability to you or any other person for any claims or damages arising out of the termination of your access to the Site and/or the removal of information concerning your Account.

GOVERNING LAWS

This Agreement shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, as it is applied to agreements entered into and to be performed entirely within such province. Any action you, any third party or Provider bring to enforce this Agreement or, in connection with, any matters related to these Terms, the Privacy Policy, use of our Site, or our products or services offered on our Site, shall be brought only in the courts of the Province of Ontario, and you expressly consent to the jurisdiction of said courts. If any provision of this Agreement is deemed to be unlawful, void, or for any reason unenforceable, then that provision

will be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

These Terms of Use were last updated on April 15, 2020.

If you have questions or comments about these Terms of Use, the webpages of this Site or our policies and procedures, please send us an email at: Meg@ActivitiesInMotion.ca.

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