Terms and Conditions

CORE ADDICITION PILATES TERMS & CONDITIONS:

THESE TERMS OF USE (THESE “TERMS”) REPRESENT AN AGREEMENT BETWEEN YOU (THE “USER”, “YOU”, OR “YOUR”) AND CORE ADDICTION PILATES (“WE,” “US,” OR “CAP”) AND GOVERN YOUR USE OF OUR WEBSITES AT WWW.COREADDICTION.CA AND OTHER SITES CREATED BY US FROM TIME TO TIME, OR CONTENT, INTERACTION ON OR WITH OTHER WEBSITES FOR WHICH MAY HOST RELATED SERVICES OR CONTENT, INCLUDING BUT NOT LIMITED TO ZOOM (OR OTHER VIDEO CONFERENCING SERVICES) (COLLECTIVELY THE “SITES”) AND ANY PRODUCTS OR SERVICES MADE AVAILABLE BY MEANS OF ANY OF THESE SITES (THE “PRODUCTS” OR THE “SERVICES”). WE REFER TO THE SITES, THE PRODUCTS AND/OR THE SERVICES, COLLECTIVELY IN THE TERMS AS THE “SERVICES.” BY USING ANY OF THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS. SOME SERVICES MAY DIRECT YOU BACK TO THESE TERMS AND/OR REQUIRE YOU TO PROVIDE SEPARATE ACKNOWLEDGEMENTS AND AGREEMENTS, IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF ANY ADDITIONAL AGREEMENTS AND THE TERMS CONTAINED HEREIN, THE TERMS HEREIN SHALL BE PARAMOUNT, TO THE EXTENT REQUIRED TO RESOLVE THE CONFLICT.

  1. SERVICES

CAP grants You a non-exclusive, non-transferrable, revocable license to use the Services, for your personal use only, in accordance with these Terms. We reserve all rights that we do not expressly grant in these Terms, or which are not contemplated within the spirt of these Terms. We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any feature or content. Without limitation of any of our other rights or remedies at law, in equity or under these Terms, we may terminate your license to use the Services, in whole or in part, without providing any refund or cancelling Your obligation to make installment payments where applicable, if We determine, in our sole discretion, that You have breached or violated any of the provisions of these Terms, or the terms contained within any of the Sites.

Class Sessions. Further, by choosing to participate or subscribe for any group or personal class sessions with CAP (“Classes”), which may be offered through the Sites or offline, you acknowledge and agree that CAP do not provide therapeutic services of any kind, including physiotherapy. Any interaction with CAP is intended to be to keep You on track for Your own fitness goals and not any therapy. CAP are not licensed therapists and shall not provide any directed or personalized guidance or direction, nor are they governed by the same protections regarding disclosure of confidential or personal information or an ability to subscribe individual treatments.

  1. PAYMENT

You may purchase Services through a one-time payment or in reoccurring installments, as specified on the Sites. When You make a purchase, You authorize us to charge the credit of through e-transfer, You provide on a one-time or reoccurring basis, depending on which payment plan You elect. Possible reasons for cancellation include but are not limited to the following, fraudulent orders, incorrect pricing or non-payment, and violation of Site rules or these Terms. Any and all coupons that may be applied are limited to the terms of the coupon and cannot be transferred or used in contravention of the terms of the coupons.

In the event you have selected a reoccurring payment plan, You acknowledge and agree that cancellation must be on 30 days written notice to CAP, prior to the next reoccurring payment.

  1. REFUNDS

Once a payment for the Services or Classes is received, there are no refunds available or credits for missed Classes, unless the Services are cancelled by CAP directly. CAP reserves the right to offer limited credits to be applied towards other Services. There shall be no refunds on any Products purchased through the Sites and all Products, including balls, bands, weights, etc, are sold on an “as is” basis without any warranty of any kind. We will have the sole discretion to determine whether You satisfy the eligibility criteria for a credit For the avoidance of doubt, unless You are eligible to receive a refund, as provided herein, Your obligation to continue to make all monthly or reoccurring payments with respect to a purchase shall remain in effect, notwithstanding the cancellation or termination of the applicable Services.

  1. YOUR CONTENT

We may provide the opportunity for you to provide content or materials (“Your Content”) by means of the Services, including by commenting on blog posts, by communicating with us directly, including your active video involvement through Zoom or other video-based webinar platforms for which you may be visible throughout the course session, or through other forums. You grant to us and our affiliates a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, assignable, transferrable, right and license to reproduce, display, perform, transmit, modify, publish, create derivative works from and otherwise use Your Content in any formats or media (including recording of the above noted video-based course sessions) now known or hereafter devised, in connection with our provision or promotion of information products or services. You further acknowledge and agree that by enrolling in and taking any course(s), that your video image and likeness, name and involvement in any manner may be captured and subsequently displayed within our video library, which is accessible by all CAP members.

  1. YOUR CONDUCT

You agree that you will not: (i) use the Services in a manner that (a) violates any applicable international, federal, state, provincial or local laws, regulations, rules, ordinances, statutes, requirements, codes or orders of any governmental or judicial authorities; (b) is fraudulent, deceptive or misleading; (c) is threatening, harassing, discriminatory, libelous, defamatory, pornographic or obscene; (d) violates anyone’s rights of privacy, publicity or other rights; (e) violates any contractual or fiduciary obligations; (f) infringes on any copyrights, trademarks, service marks, trade secrets, patents or other intellectual property rights (collectively, “Intellectual Property Rights”); (g) has an adverse effect on our business, reputation or ability to provide Services; or (h) would otherwise be reasonably deemed objectionable under the circumstances; (ii) violate any program guidelines applicable to use of particular Products or interfere with, impair or disrupt the ability of others to use such Products; (iii) use the Services so as to impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or provide inaccurate information; (iv) violate or attempt to violate the security of the Services; (v) reverse engineer, decompile or disassemble any portion of the Services; (vi) “scrape” information from the Services by automated means; (vii) interfere with the ability of others or permit any unauthorized access to or use of any Products that you have licensed or to any password applicable to your account for the Services; (viii) use, redistribute or resell any of the Products or other content of the Services, other than such unremunerated sharing via social media as may be authorized on the Services or otherwise in writing by us; or (ix) reproduce, modify, display, distribute, sell, re-sell, distribute, publish, disclose, videotape, share, divulge, transfer, exploit or create derivative works from any of the Services, including any Products, in whole or in part, except as expressly provided in these Terms.

You agree to not record, screen capture, or share any videos, Classes, Services, including recording Your own version of the Classes in any way or any manner, without the express written consent of CAP, which consent may be unreasonably withheld.

 

  1. YOUR CONSENT

By using the Sites you acknowledge and agree to the Terms as contained herein, any terms or conditions that may be required to obtain an account with any other Site used for the provision of the Services.

  1. THIRD-PARTY SITES

By using this Site or any of the Sites you acknowledge and agree that CAP is relying on certain third parties to administer and offer these Sites, including but not limited to Zoom Communication and Discord.  These Sites have their own terms and conditions for use which are separate and distinct from these Terms and CAP cannot commit or comment on the terms contained herein or any data storage, tracking, cookies or other functions which may be embedded within such websites. CAP is using these platforms as a way of delivering the Products and Services and are not providing any endorsement or recommendation as to the use of these third-party sites. Should you desire to sign-up for certain Services or Products but are not comfortable with these third-party sites, CAP shall not be responsible for arranging any alternatives.

In addition to these Terms, You expressly recognize that:

  1. You agree to assume the risk of accessing and using this third-party service.
  2. You will not harass any other members or users in any manner that could be deemed to be unwanted or disruptive.
  • With any online service, there is some level of risk when communicating information over the Internet and You assume any and all responsibility for any information that You may enter during Your chat session(s).
  1. All exercise regimes are subject to the potential for injury and CAP takes no responsibility for any injuries suffered as a result of Your participation of the Services.
  2. PROPRIETARY RIGHTS

As between you and us, we own the Services, and any and all graphics, videos, photographs, images, artwork, text, fonts, software and other technology, and the contents, design, layout, functions, appearance and other intellectual property, comprising the Services. The foregoing ownership rights include all Intellectual Property Rights inherent in or appurtenant to the Services. Without limitation of the foregoing, the Services contain proprietary material of CAP, which is protected by copyright and other laws respecting proprietary rights. The Services are also protected by copyright as a collective work and/or compilation, pursuant to Canadian and U.S. copyright laws, international conventions, and other copyright laws. CAP retains all rights in the Services, including all copyright and other proprietary rights worldwide in all media. You may not use the Services except as expressly permitted under these Terms.

  1. REPRESENTATIONS AND WARRANTIES

You represent and warrant: (a) that you own all Intellectual Property Rights in Your Content and have the right to provide Your Content via the Services for use as contemplated herein, and (b) that you are at least eighteen (18) years old.

  1. ZOOM

By participating within any CAP Services, you acknowledge that these classes offered utilizes webinars as part of the Services provided to you. These webinars may be recorded. Inherent to this, these recordings may capture any visual or audio content shared throughout the webinar, including any content shared by CAP and any content shared by you, as defined in the Terms as Your Content. Visual and audio content includes, but is not limited to, images, audio, or other forms of communication shared throughout the webinar, including any images and/or ambient noise captured around and behind your video image.

Class recordings may be shared in CAP video library, which is accessible only by other CAP paid members. These class recordings are shared in the video library for the benefit of all CAP members to engage with.

  1. INDEMNITY

You agree to indemnify, defend and hold harmless CAP and its affiliates, and all officers, directors, owners, agents, or licensors thereof (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities and costs, including reasonable attorneys’ fees, sustained by the Indemnified Parties in connection with any claim arising out of Your Content, your use of our Products, or any breach by you or any user of your account of these Terms. You shall cooperate as fully as reasonably required in the defense of any such claim. CAP reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.

  1. DISCLAIMERS; LIMITATIONS OF LIABILITY

(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES. THE SERVICES, INCLUDING ANY PRODUCTS, ARE PROVIDED “AS IS” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

(b) IN NO EVENT SHALL CAP OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, DELAY IN USING, OR INABILITY TO USE THE SERVICES. OUR LIABILITY FOR ANY DIRECT DAMAGES SHALL BE LIMITED TO THE AMOUNT OF FEES YOU HAVE PAID FOR THE PRODUCTS GIVING RISE TO SUCH LIABILITY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND THUS THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, CAP’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE LESSER OF (I) A REFUND OF THE AMOUNT PAID FOR THE PRODUCT AT ISSUE, OR (II) $100.

(c) YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS, ADVICE, CONCLUSIONS OR RECOMMENDATIONS MADE OR GIVEN AS A RESULT OF THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON PRODUCTS. THE SERVICES SHALL NOT CONSTITUTE OR BE CONSTRUED AS A RECOMMENDATION, SOLICITATION, OFFER OR OPINION BY CAP OR OUR AFFILIATES, PRINCIPALS OR CONTENT PROVIDERS, FOR ANY FINANCIAL TRANSACTION OR THE PURCHASE OF ANY FINANCIAL INSTRUMENT, INCLUDING BUT NOT LIMITED TO SECURITIES, OR ANY KIND OF INVESTMENT. PAST PERFORMANCE IS NO GUARANTEE OF FUTURE RESULTS.

  1. LAW; JURISDICTION

These Terms shall be governed by the laws of Canada. YOU AND WE AGREE THAT REGARDLESS OF THE FOREGOING THAT ANY ACTION OR DISPUTE BETWEEN US WILL BE RESOLVED EXCLUSIVELY BY ARBITRATION IN THE PROVINCE OF ONTARIO, AND TO THE GREATEST EXTENT POSSIBLE UNDER THE LAWS OF THE PROVINCE OF ONTARIO.

  1. PRIVACY

By using any of the Services, you acknowledge and consent to Our collection and use of information as set forth in the Privacy Policy.

  1. CHANGES

We may modify these Terms at any time by posting changes on the Sites; however, (i) these changes will only become effective and binding with respect to You after we provide notice on the Sites that these Terms have changed and You first use any of the Services following the date of such posting; (ii) the changes will only apply with respect to Your use of the Services after such changes become effective;  and (iii) any change in payment obligations will only apply to Your subsequent purchases on, or usage of, the Services. If at any time You find these Terms unacceptable and do not agree with them, You thereafter will have no right to use or access the Services.

  1. LINKS

The Services may contain links to websites that we do not operate. We are not responsible for the content of any such websites, and you should direct any concerns regarding such websites to their respective site administrators or webmasters.

  1. PROTECTED MATERIAL

By becoming a member of CAP, you agree that you will not distribute, copy, or create any content that is recognizably similar to any content within CAP, including all video recordings of any and all Classes, Services or videos within the video library,  without the express written consent of Aneesa Smith. By agreeing to these conditions, you hereby accept any and all material pertaining to CAP as owned solely by Aneesa Smith, and you will not replicate it in any form.

  1. MISCELLANEOUS

No joint venture, partnership, employment or agency relationship exists between you and CAP as a result of these Terms and/or your use of the Services. These Terms shall be effective as of the date accepted by you. These Terms represent the entire agreement between you and CAP with respect to the subject matter hereof, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding the Services. CAP may assign these Terms at its discretion. You may not assign these Terms. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. In addition to money damages, CAP shall be entitled to seek equitable relief where appropriate if you breach of any of these Terms. These Terms are severable and may be construed to the extent of their enforceability in light of the parties’ mutual intent. The titles and subtitles in these Terms are used for convenience only and are not to be considered in construing it. All references herein to “including” and variations thereof shall be deemed to mean, “including, but not limited to.” All references herein to “we,” “our” or variations thereof shall be deemed to refer to CAP. All references herein to “you,” “your” or variations thereof shall be deemed to refer to you individually, if you are entering into these Terms on an individual basis, and to the corporation, partnership or other organization or legal entity that you represent, if you are entering into these Terms on behalf of such organization or entity. Notices to you required or permitted hereunder shall be made to you at the most recent email address on file with CAP. Notices to us shall be sent by email to info@coreaddition.ca

 

 

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