Website Terms & Conditions of Use
1) Acceptance of Terms
The GoGetFit App and services provided to you on and through the GoGetFit App are provided on an “As Is” basis. You agree that the GoGetFit App exclusively reserves the right to modify or discontinue provision of the GoGetFit App and its services, and to delete the information you provide, either temporarily or permanently. The GoGetFit 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
4) Your Responsibilities
You agree that the GoGetFit 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 GoGetFit 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 GoGetFit 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 GoGetFit 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 GoGetFit App without medical clearance and regular consultations with a licensed medical physician you access or use the GoGetFit App at your own risk.
5) Age Restrictions
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 GoGetFit 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 GoGetFit 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 GoGetFit App may expose you to content that may be objectionable or offensive. The GoGetFit App shall not be responsible to you in any way for the content that appears on the GoGetFit App, nor for any error or omission.
By using the GoGetFit 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 GoGetFit 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 GoGetFit App;
· Provide or use the GoGetFit 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 GoGetFit App’s prior written consent;
· Provide any content that may give rise to civil or criminal liability of the GoGetFit 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 GoGetFit App in a manner which is contrary to law or would serve to restrict or inhibit any other person from using or enjoying the GoGetFit 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 GoGetFit App
You may access the GoGetFit App solely for your own personal use. You must not use any content on the GoGetFit App for any commercial or illegal purpose.
By submitting material to the GoGetFit App you acknowledge that the information may be copied, modified, or distributed in any manner that the GoGetFit App shall determine. You will indemnify the GoGetFit 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 GoGetFit App or other users of the GoGetFit App.
You must not submit any information or material which is defamatory, offensive, menacing, or obscene to the GoGetFit App or which may cause nuisance, annoyance, damage or offence, or inconvenience to the GoGetFit App or any other person or which is illegal. The GoGetFit App may remove such material from the GoGetFit App at any time without notice to, or consent by, you.
10) Intellectual Property
The GoGetFit 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 GoGetFit App, in whole or in part.
11) Disclaimers, Limitations of Liability and Indemnification
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GOGETFIT AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Your use of the GoGetFit App is at your sole risk. The GoGetFit App is provided on an “As Is” and “As Available” basis and it is not guaranteed that the GoGetFit 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 GoGetFit App. The content of the GoGetFit App has been compiled from a variety of sources and is subject to change without notice. The GoGetFit App uses reasonable care in compiling and presenting the content of the GoGetFit 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 GoGetFit 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 GoGetFit App is done solely at your own risk. The GoGetFit 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 GoGetFit App or any Linked Site.
The GoGetFit App is not intended to diagnose, treat, cure, or prevent any disease. All information provided by healthcare and physical fitness professionals, or professionals supporting the exerciser on the GoGetFit 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 GoGetFit App is solely at your own risk.
The GoGetFit 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 GoGetFit 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 GoGetFit App as a substitute for a licensed medical physician or in-person physician visits.
The use of the GoGetFit App does not guarantee physical results including, but not limited to, weight loss, improved health, or improved or eliminated medical symptoms.
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 GoGetFit 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) GoGetFit App Professionals
The professional users on the GoGetFit App include licensed medical physicians, personal fitness trainers, and other healthcare and physical fitness professional and any professionals supporting the exerciser (the “Professionals”).
All GoGetFit 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 GoGetFit App’s use on or in connection with the GoGetFit App of your name, likeness, photograph, biographical information and other personal information provided by you to the GoGetFit App or publicly available about you.
As a Professional user, you acknowledge and agree that you are responsible for maintaining all licenses and/or certifications required by applicable law in your particular field or specialty. Professionals whose licenses or other certifications are or become suspended or revoked, or who are or become the subject of disciplinary action as a result of their professional duties for any reason must immediately notify GoGetFit, and are not permitted and agree not to participate in the GoGetFit App in any way, including but not limited to interacting with users or submitting content to the GoGetFit App as a Professional. GoGetFit shall immediately disable access to the GoGetFit App in the event it determines any Professional who has a suspended or revoked license attempts to access and use the GoGetFit App.
The use of the GoGetFit App by Professionals does not remove the responsibility and/or liability of each individual Professional in your professional capacity. Further, the advice or recommendations provided by another Professional through the GoGetFit App is not to be relied upon in fulfilling your professional responsibilities through the GoGetFit App or otherwise.
Any opinions, advice, or information expressed by Professionals using the GoGetFit App including, but not limited to your licensed medical physician, personal fitness trainer, other healthcare or physical fitness professional, or other professionals supporting you, the user, are those of the individual Professional and the individual alone and such opinions, advice, or information does not reflect the opinions of the GoGetFit App.
GoGetFit does not quality or otherwise make any guarantees regarding the credentials, qualifications, licensure, and/or abilities of any Professional participating in the GoGetFit App. The inclusion of Professionals on the GoGetFit App or in any personal directory on the GoGetFit App does not imply recommendation or endorsement of such Professional nor is such information intended as a tool for verifying the credentials, qualifications, licensure, and/or abilities of any Professional contained therein, and each user acknowledges and agrees that it is their responsibility to ensure the credentials, qualifications, licensure, and/or abilities of any Professional before interacting with such Professional.
The opinions, advice, and information provided by the Professionals is provided on an “As-Is” basis and the GoGetFit App disclaims all warranties, either express or implied, and the GoGetFit 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 GoGetFit App.
13) Jurisdiction and Governing Law
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
15) No Waiver
17) Procedure for Making Claims of Copyright Infringement
We expect users of the GoGetFit App to respect the intellectual property rights of others. If you believe in good faith that any of the content on the GoGetFit App infringes your copyright, please provide our copyright agent the written information specified below.
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the GoGetFit App;
d. Your address, telephone number and email address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
f. A statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
Our copyright agent for notice of claims of copyright infringement can be reached as follows:
P.O. Box 8588
Canmore, AB T1W 2V3