TERMS OF USE

Welcome to KettlebellClub.ca.. This website is owned and operated by 9378-8768 Quebec Inc. and its affiliates (collectively, “KBClub,” “we,” “us,” or “our”). By using this website, or any other website, mobile application or other application owned and operated by KBClub, including KettlebellClub.ca (each, a “Site,” and collectively, the “Sites”), or by ordering any of our products or services via the Site(s), you acknowledge that you have read, understand and agree to be legally bound by these terms and conditions (the “Terms”) and the terms of our Privacy Policy, which are incorporated into these Terms by reference. If you do not agree to these Terms, do not access or use the Site(s) or our products or services.

We may update or amend these Terms from time to time to comply with law or to meet our changing business requirements without notice to you. Your continued use of the Site(s) and/or other products or services of KBClub after any such changes constitutes your acceptance of the new Terms. Any updates or amendments will be posted on the Site(s).

These Terms govern and apply to your access to and use of the Site(s) and their related domains on which these Terms appear, any order you place through the Site(s), and to all products and services we supply, produce, distribute, or market. To the extent of any express inconsistency with any other agreement you may have with KBClub for products, services, or otherwise, that other agreement shall prevail unless otherwise explicitly stated therein.

USER CONDUCT

You must only use the Site(s) for personal and lawful purposes, and you must not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Site(s). You may not use the content of the Site(s) for any commercial exploitation whatsoever. In addition, you agree that you will comply with all applicable local, national, and international laws and regulations that relate to your use of or activities on the Site(s).

In using the Site(s), you further agree:

• not to disrupt or interfere with the security of, or otherwise abuse, the Site(s), or any services, system resources, accounts, servers, or networks connected to or accessible through the Site(s) or affiliated or linked Site(s);
• not to disrupt or interfere with any other user’s enjoyment of the Site(s) or affiliated or linked websites;
• not to upload, post, or otherwise transmit through or on the Site(s) any viruses or other harmful, disruptive, or destructive files;
• not to use, frame, or utilize framing techniques to enclose any KBClub trademark, logo, or other proprietary information (including the images found at the Site(s), the content of any text, or the layout/design of any page or form contained on a page) without KBClub’s express written consent;
• not to use meta tags or any other “hidden text” utilizing a KBClub name, trademark, or product name without KBClub’s express written consent;
• not to deeplink to any Site without KBClub’s express written consent;
• not to collect or store personal data about others;
• not to attempt to obtain unauthorized access to the Site(s) or portions of the Site(s) that are restricted from general access;
• not to create or use a false identity on any Site, share your account information, or allow any person other than yourself to use your account to access the Site(s);
• not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violation of any law; and
• not to post any copyrighted material unless the copyright is owned by you or by KBClub.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site(s). We have the right to remove any material or posting you make on the Site(s) for any reason.

The views and opinions of trainers, coaches, experts and any other contributors to the Site do not necessarily state or reflect the attitudes and opinions of KBClub. These views and opinions shall not be attributed to or otherwise endorsed by KBClub, and may not be used for advertising or product endorsement purposes without the express, written consent of KBClub.

CHANGES TO THE SITES

KBClub may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Site(s) or any products available through or outside of the Site(s), temporarily or permanently, including the availability of any features of the Site(s) or access to any parts of the Site(s), at any time without notice to you, and you agree that KBClub shall not be liable therefor.

LINKED WEBSITES

KBClub makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of any websites accessible by hyperlink from the Site(s), or of any websites linking to our Site(s). The linked websites are not under the control of KBClub, and KBClub is not responsible for the content of any linked website or any link contained in a linked website, or any review, changes, or updates to such websites. The inclusion of any link on our Site(s) does not imply affiliation, endorsement, or adoption by KBClub of such website, application or platform or any information contained therein. When leaving the Site(s), you should be aware that KBClub’s Terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that website.

In addition, KBClub’s descriptions of, or references to, products or services not owned or controlled by KBClub on and outside of the Site(s) do not imply endorsement of that product, or constitute a warranty in any way, by KBClub.

OWNERSHIP

The trademarks and trade dress of KBClub are proprietary to KBClub and may not be used by you for any reason other than as expressly permitted by these terms. All Site content, design, text, graphics, logos and interfaces; the collection, selection, and arrangement thereof; and all software (collectively, “Content”) are property of and solely and exclusively owned by, or duly licensed to, KBClub. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of KBClub or the respective copyright owner. You may not, without the express written permission of KBClub or the respective copyright owner, (a) copy, publish, or post any materials on any computer network or broadcast or publications media; (b) modify the materials; or (c) remove or alter any copyright or other proprietary notices contained in the materials. You also may not (i) sell, resell, or make commercial use of the Site(s), its content, or services or products obtained through the Site(s); (ii) collect and use of any product or service listings or descriptions; (iii) make derivative uses of the Site(s) or its Content; or (iv) use of any data mining, robots, or similar data gathering and extraction methods. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of KBClub or any third party.

You acknowledge that KBClub and/or its third-party licensors remain the owners of all Site materials, and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms.

COPYRIGHT POLICY AND COPYRIGHT AGENT

It is KBClub’s policy to respect the copyright and intellectual property rights of others. KBClub may remove from the Site(s) any content that appears to infringe the copyright or other intellectual property rights, including moral rights, of others. In addition, KBClub may terminate access to the Site(s) by users who appear to infringe the copyright or other intellectual property rights of others. Further, KBClub complies with the Digital Millennium Copyright Act.

If you believe that KBClub or any user of our Site(s) has infringed your copyright in any material way, please notify KBClub, and provide the following:

• an identification of the intellectual property right claimed to have been infringed;
• an identification of the material that you claim is infringing so that we may locate it on the Site(s);
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the owner, their licensee, and agent of either of the foregoing, or the law;
• a statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the intellectual property interest involved.

Please direct inquiries regarding intellectual property infringement issues by email to: info@kettlebellclub.ca, or by mail to:

WAIVER AND RELEASE

By signing up for and/or attending any in-person, live-streamed or pre-recorded video classes, training sessions, events, activities, and/or other programs, and by using the Site(s) or the KBClub premises, facilities and equipment (individually and/or collectively, the “Classes and Facilities”), you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in association with the Classes and Facilities. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (a) minor injuries such as scratches, bruises, and sprains; (b) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (c) catastrophic injuries including paralysis and death. You also acknowledge that the specific risks vary from one activity to another. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by KBClub staff. If in the subjective opinion of the KBClub staff, you would be at physical risk participating in KBClub’s Classes or Facilities, you understand and agree that you may be denied access to the Classes and Facilities until you furnish KBClub with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing KBClub’s concerns and stating that KBClub’s concerns are unfounded. In consideration of being allowed to participate in and access the Classes and Facilities, you hereby (i) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities; (ii) release, indemnify, and hold harmless KBClub, its subsidiaries and affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities; and (iii) represent that you (1) have no medical or physical condition that would prevent you from properly using any of KBClub’s Classes and Facilities, (2) do not have a physical or mental condition that would put you in any physical or medical danger, and (3) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using KBClub’s Classes and Facilities, and should not be participating in any Classes or Facilities.

GOVERNING LAW

The Sites are originated and located in Canada, and these Terms shall be governed by and construed in accordance with the laws of the Province of Quebec applicable to contracts made and wholly performed therein, excluding its conflicts of law provisions. Visitors who choose to access this website from locations outside of Canada do so on their own initiative and are responsible for compliance with applicable laws and regulations. Any dispute arising out of or relating to these Terms or your access or use of the Site(s) will be subject to the exclusive jurisdiction of the courts located within the province of Quebec, and you hereby submit to the personal jurisdiction of such courts.

The terms of this section apply to the extent permitted by law and survive any termination of the Terms.

TERMINATION

Notwithstanding any of these Terms, KBClub reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your ability to use the Site(s) and to block or prevent future access to and use of the Site(s). You agree that KBClub shall not be liable for any termination of your use of or access to the Site(s).

SEVERABILITY

If any provision of these Terms, or part thereof, shall be deemed invalid, unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision, or part thereof, shall be deemed severable from the rest of these Terms and shall not affect the validity and enforceability of any remaining provisions or part thereof. The terms of this section survive any termination of the Terms.

GENERAL

The Terms constitute the entire agreement between KBClub and you with respect to your use of the Site(s). The section titles used in the Terms are purely for convenience and carry with them no legal or contractual effect. Nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between you and KBClub, and you do not have any authority to create any obligation or make any representation on KBClub’s behalf. You may not assign or transfer any rights or obligations of these Terms, by operation of law or otherwise, without KBClub’s written consent. Subject to the foregoing, these Terms will be binding on, inure to the benefit of, and be enforceable against you and KBClub and their respective successors and assigns. These Terms supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. We may assign, transfer, or sub-contract any of our rights or obligations under these Terms to any third party at our discretion. No delay by us in exercising any right or remedy under these Terms shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. The terms of this section survive any termination of the Terms.

Last updated and effective: April 2019