These Terms and Conditions of Use (the “Terms of Use”) relate to the GoGet.Fit mobile application (the “GoGet.Fit App”). The GoGet.Fit App provides a fast, effective, and efficient way for users to receive and communicate information relating to their personal fitness journey through a centralized content-sharing communication platform made for exercisers, healthcare professionals, physical fitness professionals, and other professionals supporting the exerciser.

 

As a user of the GoGet.Fit App, you agree to be bound by the following Terms of Use. If you do not agree to the Terms of Use, do not access or use the GoGet.Fit App.

1) Acceptance of Terms

You are granted a limited, gratuitous and revocable, non-exclusive license to view, access, and use the GoGet.Fit App subject to your unconditional acceptance of and compliance with these Terms of Use. By accessing or using the GoGet.Fit App you are agreeing to and accepting these Terms.

2) Modification of Terms of Use and the GoGet.Fit App

We reserve the right to modify these Terms of Use at any time without prior notice by posting such modifications on the GoGet.Fit App. Your continued access or use of the GoGet.Fit App after such modifications have been posted indicates your acceptance of an agreement to be bound by these Terms of Use as modified.

The GoGet.Fit App and services provided to you on and through the GoGet.Fit App are provided on an “As Is” basis. You agree that the GoGet.Fit App exclusively reserves the right to modify or discontinue provision of the GoGet.Fit App and its services, and to delete the information you provide, either temporarily or permanently. The GoGet.Fit App shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any information.

3) Linked Sites and Social Networking

Certain links on the GoGet.Fit App lead to other websites (“Linked Sites”). The Linked Sites are maintained by independent parties over which the GoGet.Fit App has no control. The contents of each Linked Site should be used in compliance with the terms of use stated therein. This includes social networking sites whose content is partially or entirely contributed to by the GoGet.Fit App.

The GoGet.Fit App makes and gives no representations, guarantees, conditions or warranties as to the accuracy or any other aspect of the information contained on the Linked Sites, including the goods or services sold or made available therein. The GoGet.Fit App disclaims all liability and responsibility for the content of the Linked Sites. Furthermore, any link to a Linked Site should not be construed as a suggestion, recommendation, or encouragement by the GoGet.Fit App of that third party website, or as an endorsement of the products, services, or company described therein. Furthermore, any such link should not be construed as meaning that a special relationship, such as a business partnership, exists between the GoGet.Fit App and the party running the third party website. Nothing in these Terms of Use grants you any rights or authorizations with respect to any Linked Sites. Any personal information about you or any other individual collected, used, or disclosed by or in connection with the Linked Sites will be subject to the privacy policies of the owners or operators of such Linked Sites, and not the GoGet.Fit App.

4) Your Responsibilities

In order to use the GoGet.Fit App you may be required to signup and login. In this case, you agree to provide truthful information when requested. By registering you explicitly agree to the GoGet.Fit App’s Terms of Use and Privacy Policy, including any amendments made by the GoGet.Fit App from time to time.

You agree that the GoGet.Fit App may communicate with you, including by sending information, correspondence, and notices to you. These communications may be sent via email, messages, push notification, phone, or otherwise through the contact information associated with your account.

Before accessing and using the GoGet.Fit App, you agree to obtain medical clearance from a licensed medical physician. In addition, you agree to obtain medical clearance from a licensed medical physician whenever your state of health, exercise experience, or medical symptoms change or are modified in any way.

You agree that the use of the GoGet.Fit App does not in any way replace the need for regular consultation with and advice from a licensed medical physician and other health care and physical fitness professionals. All information provided through the GoGet.Fit App is subject to regular visits to and communication with a licensed medical physician, particularly where your health condition, status, symptoms, or experience has been altered, changed, or affected.

If you use the GoGet.Fit App without medical clearance and regular consultations with a licensed medical physician you access or use the GoGet.Fit App at your own risk.

5) Age Restrictions

In order to use the GoGet.Fit App you must be 13 years of age or older. If you are between 13 and 18 years of age, you must have your parent or legal guardian’s permission to use the GoGet.Fit App. You must not access the GoGet.Fit App or accept these Terms of Use if you do not have your parent or legal guardian’s permission. (To explain the need for consent to be obtained through an authorized person, such as a parent or legal guardian, is legislated through private sector privacy legislation)

6) Privacy

We are committed to the protection and security of your privacy and personal information. Please refer to our Privacy Policy, which is incorporated herein by reference.

7) Login and Passwords

You are wholly responsible for maintaining the confidentiality of your password, and will be responsible for any and all usage of your user account and/or user name, whether authorized by you or not. You agree to immediately notify the GoGet.Fit App of any unauthorized use or your user account, username, or password.

8) Your Conduct

You agree that all content, including, but not limited to information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials, made available to the GoGet.Fit App shall be under the sole responsibility of the person providing the content or the person whose user account is used. You agree that the GoGet.Fit App may expose you to content that may be objectionable or offensive. The GoGet.Fit App shall not be responsible to you in any way for the content that appears on the GoGet.Fit App, nor for any error or omission.

By using the GoGet.Fit App, or any services provided thereby, you explicitly agree that you shall not:

  • Provide any content or conduct yourself in any way that may be or may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere or interrupt the GoGet.Fit App, or any service provided therein; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national, or international law;

  • Impersonate or misrepresent your association with any person or entity; forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;

  • Collect or harvest any data about other users, except as provided for in the GoGet.Fit App;

  • Provide or use the GoGet.Fit App for the provision of any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising, without the GoGet.Fit App’s prior written consent;

  • Provide any content that may give rise to civil or criminal liability of the GoGet.Fit App, or that may constitute or be considered a violation of any local, national, or international law, including, but not limited to, laws relating to intellectual property including copyright, trademark, patent, or trade secrets;

  • Post, transmit, link to or otherwise distribute any materials, information, or content constituting, advocating, or encouraging conduct that would constitute a criminal offense or give rise to civil liability or otherwise use the GoGet.Fit App in a manner which is contrary to law or would serve to restrict or inhibit any other person from using or enjoying the GoGet.Fit App;

  • Defame, abuse, stalk, harass, threaten, or otherwise violate the legal rights of others, including, but not limited to rights relating to privacy and publicity; and

  • Post, transmit, link to, or otherwise distribute any information, materials, or content, including, for greater certainty, software, which contains a virus, concelbot, Trojan horse, worm, or other harmful or disruptive component.

9) Submission of Content on the GoGet.Fit App

You may access the GoGet.Fit App solely for your own personal use. You must not use any content on the GoGet.Fit App for any commercial or illegal purpose.

By submitting material to the GoGet.Fit App you acknowledge that the information may be copied, modified, or distributed in any manner that the GoGet.Fit App shall determine. You will indemnify the GoGet.Fit App if any third party takes action in relation to the information you provide.

You must not cause any nuisance, annoyance, or inconvenience to the GoGet.Fit App or other users of the GoGet.Fit App.

You must not submit any information or material which is defamatory, offensive, menacing, or obscene to the GoGet.Fit App or which may cause nuisance, annoyance, damage or offence, or inconvenience to the GoGet.Fit App or any other person or which is illegal. The GoGet.Fit App may remove such material from the GoGet.Fit App at any time without notice to, or consent by, you.

The GoGet.Fit App reserves the right to suspend the GoGet.Fit App at any time for operational, regulatory, legal, or other reason. The GoGet.Fit App may terminate your use of the GoGet.Fit App with immediate effect if you breach any of these Terms of Use at the GoGet.Fit App’s discretion.

10) Intellectual Property

The GoGet.Fit App and its contents are protected by intellectual property rights, including copyright and trademarks. Except as expressly authorized, you agree not to disclose, copy, download, adapt, alter, modify, rent, lease, loan, sell, distribute, or create derivative works of any content of the GoGet.Fit App, in whole or in part.

11) Disclaimers, Limitations of Liability and Indemnification

You agree to indemnify and hold harmless the GoGet.Fit App and the GoGet.Fit App’s subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any and all claims or demands, liabilities, damages, demands, losses, or expenses, including reasonable legal fees, that may be made by any third party, due to or arising out of your conduct or connection with the GoGet.Fit App or service, your provision of content, your violation of these Terms of Use, or any other violation of the rights of another person or party.

In no event shall the GoGet.Fit App be liable for any indirect, consequential, incidental, special, compensatory, aggravated, exemplary or punitive damages; damages for economic loss, loss of income, loss of business profits, business interruption, loss of data or business information, loss of or damage to property, or failure to realize expected revenues, savings or other results of any kind; claims of third parties; or, other pecuniary loss, arising out of or related to these Terms of Use, the Privacy Policy, the GoGet.Fit App, or any Linked Site. Nonetheless, in no event will the cumulative liability of the GoGet.Fit App arising out of or related to these Terms of Use exceed CDN $10.00.

Your use of the GoGet.Fit App is at your sole risk. The GoGet.Fit App is provided on an “As Is” and “As Available” basis and it is not guaranteed that the GoGet.Fit App will be suitable for your purposes or requirements. If your mobile device or computer do not support relevant technology including encryption, you may not be able to use certain services or access certain information on the GoGet.Fit App. The content of the GoGet.Fit App has been compiled from a variety of sources and is subject to change without notice. The GoGet.Fit App uses reasonable care in compiling and presenting the content of the GoGet.Fit App, but gives no guarantee that the content is complete, accurate, error or virus free, or up to date. So far as permitted by law, the GoGet.Fit App disclaims all warranties, conditions, and other terms of any kind, whether express or implied, whether in contract, tort (including liability for negligence) or otherwise, including, but not limited to any implied term of satisfactory quality, fitness for a particular purpose, and any standard of reasonable care and skill.

The downloading, reading, and review of material from the GoGet.Fit App is done solely at your own risk. The GoGet.Fit App does not guarantee or warrant that such materials are free of viruses or other destructive code or content of any kind. You are responsible for implementing safeguards to protect your computer system and data and you are solely responsible for the entire cost of any service, repairs, or corrections necessary as a result of the use of the GoGet.Fit App or any Linked Site.

All information provided by healthcare and physical fitness professionals, or professionals supporting the exerciser on the GoGet.Fit App is intended to be for general purposes only, and is in no way a substitute for professional medical diagnosis or treatment, a licensed medical physician, or in-person health care interactions and reliance on any information provided by or through the GoGet.Fit App is solely at your own risk.

The GoGet.Fit App is designed to support the healthy and active lifestyle choices that you make. These decisions and choices are yours, and you are the best decision maker about your health. The decisions you make regarding your exercise and lifestyle should be made in connection with the advice you receive within a formal physician-patient relationship. The information and recommendations made through the GoGet.Fit App are in support of existing in-person physician-patient relationships, but do not replace the need for in-person health care interactions. You agree not to use the GoGet.Fit App as a substitute for a licensed medical physician or in-person physician visits.

The use of the GoGet.Fit App does not guarantee physical results including, but not limited to, weight loss, improved health, or improved or eliminated medical symptoms.

You agree to immediately contact a licensed medical physician for an in-person health care interaction if you experience any change in your symptoms or general health. If you do not immediately contact a licensed medical physician and inform him or her of the recent changes in your health, you must discontinue the use of the GoGet.Fit App, and your continued use of the GoGet.Fit App, in violation of these Terms of Use, is done solely at your own risk.

You agree to never disregard professional medical advice or delay seeking medical advice or treatment based on the information and recommendations provided through and on the GoGet.Fit App.

Call 911 (or your local emergency service) or a licensed medical physician immediately if you believe you may or do have a medical emergency.

12) GoGet.Fit App Professionals

The professional users on the GoGet.Fit App include licensed medical physicians, personal fitness trainers, and other healthcare and physical fitness professional and any professionals supporting the exerciser (the “Professionals”).

All GoGet.Fit App Professionals are required to register with and use their real name, professional contact information, and, if they choose to upload a picture, a real image in their profile. You consent to the GoGet.Fit App’s use on or in connection with the GoGet.Fit App of your name, likeness, photograph, biographical information and other personal information provided by you to the GoGet.Fit App or publicly available about you.

Professionals whose licenses or other certifications are or become suspended or revoked, for any reason, are not permitted and agree not to participate in any way, including but not limited to submitting content to the GoGet.Fit App as a Professional, on the GoGet.Fit App. Similarly, Professionals who are or become the subject of disciplinary action as a result of their professional duties, for any reason, are not permitted and agree not to participate in any way, including but not limited to submitting content to the GoGet.Fit App as a Professional, on the GoGet.Fit App.  

The use of the GoGet.Fit App by Professionals does not remove the liability of individual Professionals in their professional capacity and the advice or recommendations provided by another Professional through the GoGet.Fit App is not to be relied upon in fulfilling your professional responsibilities through the GoGet.Fit App or otherwise.

Any opinions, advice, or information expressed by Professionals using the GoGet.Fit App including, but not limited to your licensed medical physician, personal fitness trainer,  other healthcare or physical fitness professional, or professionals supporting you, the exerciser, are those of the individual and the individual alone and such opinions, advice, or information does not reflect the opinions of the GoGet.Fit App.

The inclusion of Professionals on the GoGet.Fit App or in any personal directory on the GoGet.Fit App does not imply recommendation or endorsement of such Professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any Professional contained therein.

The opinions, advice, and information provided by the Professionals is provided on an “As-Is” basis and the GoGet.Fit App disclaims all warranties, either express or implied, and the GoGet.Fit App shall in no event be liable to you or to anyone for any decision made or action taken by any party in reliance on information about or from Professionals on the GoGet.Fit App.

 

13) Jurisdiction and Governing Law

The laws of the Province of Alberta and any applicable federal laws of Canada shall govern your use of the GoGet.Fit App and the interpretation of these Terms of Use. The courts of the Province of Alberta, without regard to their conflicts of law’s provisions, shall have exclusive jurisdiction over any dispute arising out of your use of the GoGet.Fit App. Regardless of your physical location, residence, or domicile, you undertake and agree to commence no action nor make any claim of any kind in any jurisdiction other than the courts of the Province of Alberta.

Healthcare Providers registered with the Go Get Fit Pro Portal, collect personally identifying information (such as name and email address) in accordance with section 62 of Alberta's Health Information Act. This information is collected so that a Pro Portal user may invite, then monitor, the workout data a trainee enters into Go Get Fit.

 

14) Entire Agreement

These Terms of Use, any and all other notices, policies, and statements contained on the GoGet.Fit App constitute the entire agreement between the GoGet.Fit App and you. These Terms of Use cannot be modified except as described elsewhere herein. These Terms of Use supersede any prior communication with you inconsistent with these Terms of Use.

15) No Waiver

No waiver of any of these Terms of Use, or any term or condition herein, shall be deemed a further or continuing waiver of any such term or condition or any other term or condition.

16) Severability

If, in any jurisdiction, any part of these Terms of Use is held to be unenforceable by a court of competent jurisdiction, such part of these Terms of Use shall be restricted or eliminated to the minimum extent necessary and the remaining Terms of Use shall otherwise remain in full force and effect.