Website Terms and Conditions of Use
Welcome to Eternal Fitness!
These terms and conditions outline the rules and regulations for using Eternal Fitness’s Website, located at www.eternalfitness.org
By accessing this website we assume you accept these terms and conditions. Do not use Eternal Fitness if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refer to you, the person who logs on to this website and is compliant with the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our”, “Us”, and “Eternal Fitness” refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Terms
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms & Conditions,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms & Conditions apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms & Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms & Conditions, and all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree to all the terms and conditions of these Terms & Conditions, you may not access the website or use any services. If these Terms & Conditions are considered an offer, acceptance is expressly limited to these Terms & Conditions.
Any new features or tools which are added to the current store shall also be subject to the Terms & Conditions. You can review the most current version of the Terms & Conditions at any time on this page. We reserve the right to update, change, or replace any part of these Terms & Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
All of the materials contained in this website are protected by applicable copyright and trademark law.
Our store is hosted on WooCommerce. They provide us with an online e-commerce platform that allows us to sell our products and services to you.
Minimum Age Requirement
Our Services are not directed to children. You’re not allowed to access or use our Services if you’re under the age of 13 (or 16 in Europe). If you register as a user or otherwise use our Services, you represent that you’re at least 13 (or 16 in Europe). You may use our Services only if you can legally form a binding contract with us. In other words, if you’re under 18 years of age (or the legal age of majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Terms & Conditions.
General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Accuracy, Revision, and ERRATA
We are not responsible if information made available on this site is not accurate, complete, or current. The materials appearing on our website could include technical, typographical, or photographic errors. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. We do not warrant that any of the materials on this website are accurate, complete, or current. We may make changes to the materials contained on this website at any time without notice. We do not, however, make any commitment to update such materials. Any reliance on the material on this website is at your own risk.
General Representation and Warranty
You represent and warrant that your use of our Services:
Will be in strict accordance with the Terms & Conditions;
Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
Will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
Will not infringe or misappropriate the intellectual property rights of Eternal Fitness or any third party;
Will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
Will not disclose the personal information of others;
Will not be used to send spam or bulk unsolicited messages;
Will not interfere with, disrupt, or attack any service or network;
Will not be used to create, distribute, or enable material that is, facilitates, or operates in conjunction with, malware, spyware, adware, or other malicious programs or code;
Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Services or any related technology that is not open source; and
Will not involve renting, leasing, loaning, selling, or reselling the Services or related data without our consent.
Modifications to the Service, Products, and Prices
Prices for our products and services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
Third-Party Links
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. The inclusion of any link does not imply endorsement by us of the third-party site.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party. Use of any such linked third-party website is at the user’s own risk.
User Comments, Feedback, and Other Submissions
If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms & Conditions.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead
License
Unless otherwise stated, Eternal Fitness and/or its licensors own the intellectual property rights for all material on Eternal Fitness. All intellectual property rights are reserved. You may access this from Eternal Fitness for your personal use subject to restrictions set in these terms and conditions.
You must not:
- Republish material from Eternal Fitness
- Sell, rent or sub-license material from Eternal Fitness
- Reproduce, duplicate or copy material from Eternal Fitness
- Redistribute content from Eternal Fitness
This Agreement shall begin on the date hereof.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Eternal Fitness does not filter, edit, publish or review Comments before their presence on the website. Comments do not reflect the views and opinions of Eternal Fitness, its agents and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Eternal Fitness shall not be liable for the Comments or any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Eternal Fitness reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or cause a breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Comments do not contain any defamatory, libellous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Eternal Fitness a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavourably to ourselves or our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Eternal Fitness; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Eternal Fitness. Please include your name, your organization name, and contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Eternal Fitness’s logo or other artwork will be allowed for linking absent a trademark license agreement.
iFrames
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
Content Liability
We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are rising on your Website. No link(s) should appear on any Website that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Privacy
Our Privacy Policy applies to any information that we collect about you while you use our site, that you may provide to us or that we may collect offline and/or through other means (for example, at a live event, via telephone, via email, or through the mail). Click here to view our privacy policy
Disclaimer of Warranties, Limitation of Liability
We do not guarantee, represent, or warrant that your use of our services will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results obtained from using our services or products will be accurate or reliable.
You acknowledge and agree that we may, from time to time, remove the services for indefinite periods or cancel the services entirely, without prior notice to you.
Your use of, or inability to use, the services is at your sole risk. The services and all products delivered through the services are provided on an “as is” and “as available” basis unless expressly stated otherwise. This includes all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Eternal Fitness, or its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors, be held liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, but is not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages. These limitations apply whether the claims are based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the services or any products obtained through the services. This also applies to any claims related to errors or omissions in any content, or any loss or damage arising from the use of the services or any content transmitted or made available through the services.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.
Indemnification
You agree to indemnify, defend, and hold harmless Eternal Fitness, along with its affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claims, demands, or damages, including reasonable attorneys’ fees, made by a third party due to your breach of these Terms & Conditions, or any violation of applicable laws or third-party rights.
Severability
If any provision of these Terms & Conditions is determined to be unlawful, void, or unenforceable, such provision will still be enforced to the fullest extent permitted by applicable law. The unenforceable portion will be severed from these Terms & Conditions, and this determination will not affect the validity or enforceability of any remaining provisions.
Termination
Any obligations or liabilities incurred by the parties prior to the termination date will survive the termination of this agreement.
These Terms & Conditions remain effective unless terminated by either you or us. You may terminate these Terms & Conditions at any time by notifying us that you no longer wish to use our services, or by ceasing all use of our site.
If we determine, at our sole discretion, that you have failed to comply with any provision of these Terms & Conditions, we may terminate this agreement at any time without notice. In such cases, you will remain liable for all amounts due up to and including the termination date. We may also deny you access to our services (or any part thereof).
Entire Agreement
The failure to enforce any right or provision of these Terms & Conditions does not constitute a waiver of such right or provision.
These Terms & Conditions, along with any policies or rules posted by us on this site or related to the services, constitute the entire agreement and understanding between you and us. They govern your use of the services, superseding any prior agreements, communications, or proposals, whether oral or written, between you and us (including earlier versions of these Terms & Conditions).
Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against the drafting party.
Governing Law
These Terms & Conditions, along with any separate agreements through which we provide services, are governed by and construed under the laws of the Province of Ontario and applicable Canadian laws. This agreement shall be treated as an Ontarian contract. Both parties irrevocably submit to the exclusive jurisdiction of the courts in the Province of Ontario, including courts that handle appeals.
Contact Information
Questions about these Terms & Conditions should be directed to us at: admin@eternalfitness.org