MOSSING FITNESS TERMS AND CONDITIONS

Last Updated: August 31, 2021

Welcome to this website, MOSSINGFITNESS.COM, MOSSINGFITNESS1.TRAINERIZE.COM, and related sites (the "Site") controlled and operated by MOSSING FITNESS LTD.(the "Company" or “us” or “we” or “our”) where this Terms of Use is posted. The Site is designed to help you access workout programs, nutritional tips, meal plans and guides, and video content (collectively the “Content”). This Site does not exist for any other purpose. This Terms of Use describes the terms and conditions applicable to your access and use of the Site and the Content provided through the Site (the “Service”). Please read these terms carefully and keep a copy of them for your reference. Prior to registering an account, accessing, and using the Site, you agree to accept all of the terms and conditions of this Terms of Use. If you do not agree to all of the terms and conditions of this Terms of Use, then do not access the Site or Service.

YOU AFFIRM THAT YOU ARE EITHER 18 YEARS OF AGE OR OLDER, HAVE REACHED THE AGE OF MAJORITY IN YOUR PROVINCE OR STATE, OR POSSESS PARENTAL OR GUARDIAN CONSENT TO AGREE TO THE TERMS AND CONDITIONS SET OUT IN THIS TERMS OF USE AND TO ACCESS AND USE THE SITE. YOU AFFIRM YOU ARE OTHERWISE FULLY ABLE AND COMPETENT AND HAVE LEGAL CAPACITY TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS, AND WARRANTIES SET FORTH IN THIS TERMS OF USE, AND TO ABIDE BY AND COMPLY WITH THIS TERMS OF USE.

By visiting, browsing, accessing, making a purchase through, or otherwise using our Site and/or Application and/or Service signifies that you agree to this Terms of Use and constitutes your binding acceptance of this Terms of Use, including any modifications that the Site and/or Application and/or Service makes from time to time. You should check and review this Terms of Use and our Privacy Policy frequently.

By making a purchase for 1-on-1 online coaching, you agree to the 3 month and/or 90 day contract that signifies you will make the specified monthly subscription payment from your account for AT LEAST 3 MONTHS AND/OR THE EQUIVALENT TO 90 DAYS after your initial sign up date.

Privacy

By using the Site or the Service, you represent that you have read our Privacy Policy, which specifies our data collection and use practices. We may revise the Privacy Policy at any time and the new versions will be available at the Privacy Policy link located on the Site. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Site and Service

Electronic Communications

Visiting the Site or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Children

The Site and the Service are not directed toward children or persons under the age of 18 nor do we knowingly collect information from children or persons under the age of 18. If you are under 18, please do not submit any personally identifiable information to the Site.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that we are not responsible for third party access to your account that results from theft or misappropriation of your account. MOSSING FITNESS and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Payments/Subscription Fees

If you decide to become a Member to obtain access to our services and various programs and coaching, you must purchase a subscription plan and pay the subscription fees in connection with your account using the described payment methods. The actual monthly subscription fees will depend on the plan and program that you purchased. Certain plans will automatically renew (i.e., recurring monthly subscriptions), as long as you continue to pay your required subscription fees. You understand and are liable for payments of a plans subscriptions fees and will continue to make these payments to ensure your continued use.

BY SIGNING UP FOR THE 1-ON-1 COACHING SERVICES, you agree to pay the specified and agreed upon monthly subscription price in connection with your account and payment method for AT LEAST 3 MONTHS or the equivalent to 90 DAYS after your initial sign up date.

You will be charged in accordance with the billing terms you agreed to at the time you signed up for a plan. The prices of our Services may vary periodically. We cannot guarantee that the price of your particular plan is the lowest available or best price available. Sorry, there are no refunds on subscriptions for billing periods that have already lapsed.

You are not obligated to continue renewing our plan’s, programs, and services AFTER your first 90 days. You are however responsible for monthly payments of subscriptions fees if you have signed up for a plan and program and continue to use the services offered. You may cancel your subscription and account at any time. Message or email mossingfitness@gmail.com at least 24 hours prior to the monthly subscription to cancel.

All current prices for the monthly subscriptions include GST/HST for all Canadian members who join. GST/HST is not additional added. The price at checkout that Canadian members pay when signing up already includes the GST/HST.

If you provide a payment method and our charge results in an overdraft, chargeback or other fee from your bank, you alone are responsible for that fee. Even if you do not use the plan, program, services offered or access any MOSSINGFITNESS.com Application, you will be responsible for any subscription fees.

We may change, modify, add, remove, suspend, cancel or discontinue any aspect of any plan, program, or service to including the functionality, content, and/or availability of any features of such subscriptions at any time in our sole discretion. Any subscription fee payments will be made in local currency, namely Canadian Dollars, and will be redirected to a third party payment system for processing, whereby such system is hosted by a third party vendor. Additional taxes and fees may apply.

General Disclaimers

i. You should consult your physician or other health care professional before starting this or any other exercise or nutrition program to determine if it is right for your needs. Do not use the Site and the Services if your physician or health care provider advises against it.

ii. THE SITE AND THE SERIVE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE , WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SITE AND/OR SERVICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE, THE SERVICE AND/OR THE CONTENT AVAILABLE ON THE SITE AND/OR THE SERVICE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AND/OR THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SITE, OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; THAT THE DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

iii. The Site and the Services offers health and fitness information and is designed for informational purposes only. Nothing stated or posted on the Site or available through any Services is intended to be, and must not be taken to be, the practice of medical, professional or counselling care. You should not rely on any information, such as from the Site, Services, meal plans or training programs, as a substitute for, nor does it replace, professional advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult a physician or other health-care professional. The use of any information provided with the plans, programs, and services is solely at your own risk. The information contained within the Site, services, programs and Applications are not intended to provide specific physical or mental health advice, or any other advice whatsoever, for any individual or company and should not be relied upon in that regard.

iv. Be aware that there may be risks relating to participating in certain exercise activities or programs mentioned on our site, programs, and services for people in poor health, with pre-existing physical or mental health conditions, and even for those who are in good health. You will not participate in any training programs, services, applications or meal plan's available from us, if you have any pre-existing poor health conditions or any physical or mental issues and/or concerns. If you choose to participate in these risks, you are responsible and liable for assuming these risks of the dietary meal plans, services, and training programs.

v. MOSSINGFITNESS.com makes no conditions, warranties, or guarantees that the Site, services, programs, plans, or any other resources used is suitable for you (the User) or will be provided to meet your personal needs. Be aware that our programs and services (like any other exercise program) do involve a risk of injury. If you choose to participate in these risks, you do so at your own free will and are responsible for the risks associated with the various use of the plans and exercise programs.

vi. You are using our plans, programs, workouts and coaching at your own risk and we are not responsible and/or liable for any injuries, health problems, or issues you may experience or as a result of using our plans and programs.

Expected Results/Testimonial Disclaimer

It must be disclaimed that our plans, programs, and services are intended to be fully implemented and to be followed strictly, however, sometimes they are not which could result in a potential lack of progress or no results at all for the User. If the User implements the plans, programs, and services from us correctly, they should see results. However, even when the User implements any plans, programs or services to their fullest, it is still possible they will not get the results they may want and/or expect and it is also possible they will not get any positive results whatsoever.

The transformations and testimonials are real, however, these testimonials are not claimed to represent typical results with our services, products, meal plans and workout programs. They are meant as a showcase of what can happen when the services, products, meal plans, and workout programs are implemented correctly and when the User is dedicated to achieving great results through following the plans and programs provided. Your results may vary and you may not get the same results compared to someone else when using our services due to differences in every individual, such as genetic ability, motivation, and work ethic. The end results the User gets will depend upon how much effort they put in and their own abilities.

Links to Third Party Sites/Third Party Services/Optional Tools

The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under our control and we are not responsible or have any liability for their content, including without limitation any link contained in a Linked Site, or any changes, materials, services, or updates to a Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any association with its operators. Any use by you of third party links or optional tools offered through the site is entirely at your own risk and discretion and you should familiarize yourself and approve of the terms or services on which tools and links are provided by the third-party providers. We may offer new services, new tools or resources in the future through the Site which shall also be subject to these Terms of Use.

Certain services made available by us are delivered by third party sites and organizations. By using any product, service or functionality originating from the MOSSINGFITNESS.COM domain, you hereby acknowledge and consent that we may share such information and data with any third party with whom we have a contractual relationship to provide the requested product, service or functionality on behalf of our users and customers. We are not liable for any harm or damages related to purchases or use of goods and services or content made in connection with any third-party websites.

Mobile Devices and Applications:

These Terms and Conditions are also for the use of our mobile, desktop and related applications (for example, iOS devices, Android devices, and other such devices and their corresponding apps) or collectively known as “Apps”. Your use of the plans, programs, and services provided through any Apps or devices represents your agreement to be bound by these Terms and Conditions. Any MOSSINGFITNESS.com App, regardless of how or where it is downloaded (for example the Apple AppStore) is licensed, not sold, to you for use only under these Terms. We, the licensor (Application Provider) reserve all rights not expressly granted to you. If you download and use the plans, programs, or services on the MOSSINGFITNESS.com App, you will be bound to these Terms and Conditions.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use MOSSINGFITNESS.COM strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to us that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

Your use of the Site and the Service in no way creates any proprietary interest therein, and all right, title and interest in and to the Site, the Service, our registered and unregistered trademarks, and copyrights, with the exception of open source and third-party owned resources, including but not limited to, source code, text, illustrations, designs, icons, audio and video clips, documents, products, and software, are expressly reserved to us. By submitting information to the Site and/or the Service including, but not limited to, written content, you grant us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, adapt, distribute, display or otherwise exploit such information.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of MOSSING FITNESS LTD. or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Our content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of MOSSING FITNESS and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Company or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material, information or unsolicited promotional content; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the Site and/or the Service or otherwise attempt to disrupt the Site and/or the Service or any other person's use of the Site and/or the Service; attempt to gain unauthorized access to the Site, the Service, accounts registered to other users, or the computer systems or networks connected to the Site and/or the Service; or use the Site or the Service to develop, generate, transmit, publish, display or store any information or content that is: (i) defamatory, harmful, abusive, obscene, hateful, false or misleading; (ii) in any way obstructs or otherwise interferes with the normal performance of another person's use of the Site and/or the Service; (iii) performs any unsolicited commercial communication not permitted by applicable law; (iv) constitutes harassment or a violation of privacy or threatens other people or groups of people; (v) is harmful to children in any manner; or (vi) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person's identity (whether a real identity or online nickname or alias); falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove or edit any materials in its sole discretion. You many not use a false e-mail address, mislead us or any third-party, or pretend to be someone other than yourself in the origin of any comments made in the Communication Services. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. We do not control or endorse the content, messages or information found in any Communication Service and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Company spokespersons, and their views do not necessarily reflect those of the Company. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to MOSSINGFITNESS.COM or Posted on Any Company Web Page or App

We do not claim ownership of the materials you provide to MOSSINGFITNESS.COM (including feedback and suggestions) or post, upload, input or submit to any Company Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting us, our affiliated companies and necessary sublicense’ permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. We are under no obligation to post or use any Submission you may provide and may remove any Submission at any time in our sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third Party Accounts

You will be able to connect your Company account to third party accounts. By connecting your Company account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Site and the Service are controlled, operated and administered by us from our offices within Canada. We make no representation that Content on the Site or the Service are appropriate or available for use in other locations, and access to the Site and the Service from jurisdictions where the contents thereof are illegal is not authorized. Those who choose to access the Site and/or the Service from locations outside Canada do so on their own initiative and are responsible for compliance with all applicable local laws.

Indemnification

You agree to indemnify, defend and hold harmless the Company, its officers, directors, employees, agents and third parties, for any claim, demand, losses, costs, liabilities, damages and expenses (including reasonable attorney's fees) asserted by any third-party relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of this Terms of Use or any other policies that we may issue for the Site and/or the Service from time to time, or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. We reserve the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defences. You agree to waive all claims against us, our officers, directors, employees or consultants regardless of cause.

Class Action Waiver and Dispute Resolution

i. Any arbitration under these Terms of Use will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted.

ii. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.

iii. Further, unless both you and MOSSING FITNESS agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

iv. You agree to have any claim or dispute resolved through arbitration by a single arbitrator in accordance with the provisions of the Alberta Arbitration Act whose decision shall be final and binding. Arbitration hearings shall be held in Edmonton, Alberta, Canada. The language to be used in the arbitration proceeding shall be English, and you and we shall each pay our own costs associated with arbitration.

v. Nothing in this section shall prevent either you or us from applying to a court of competent jurisdiction in the Province of Alberta, Canada for interim protection such as, by way of example, an interim injunction. A request for interim protection shall not be deemed a waiver of the right to arbitrate.

vi. Notwithstanding anything herein, claims of infringement or misappropriation of our intellectual property rights, including patent, copyright, trademark, or trade secret, shall not be subject to this arbitration provision. You consent to the jurisdiction of the federal and provincial courts located in Alberta to hear any such claims.

Liability Disclaimer

i. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES, OFFICERS, DIRECTORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIM ALL LOSSES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE SITE AND/OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ii. THE INFORMATION, SOFTWARE, PRODUCTS, APPLICATIONS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE AND THE SITES SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND WE ARE NOT RESPONSIBLE IF COMPLETE OR CURRENT INFORMATION ON THIS SITE IS NOT ACCURATE. CHANGES MAY BE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MOSSING FITNESS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. THIS SITE MAY CONTAIN CERTAIN RECOMMENDATIONS ON HISTORIC INFORMATION OR DATA THAT IS PROVIDED TO YOU FOR REFERENCE ONLY. ANY RELIANCE ON THE MATERIAL ON THIS SITE IS AT YOUR OWN RISK AND DECISIONS MADE BY YOU SHOULD NOT BE RELIED UPON THE GENERAL INFORMATION GIVEN TO YOU BY THIS SITE OR WITHOUT CONSULTING MORE ACCURATE, QUALIFIED, PRIMARY OR COMPLETE SOURCES OF INFORMATION.

iii. WE AND/OR OUR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. MOSSING FITNESS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

iv. WE DO NOT REPRESENT OR GUARANTEE THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE AND WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICE WILL BE ACCURATE, GUARANTEED OR RELIABLE. THIS SITE MAY CONTAIN HEALTH AND FITNESS INFORMATION BUT IS NOT INTENDED TO TREAT, DIAGNOSE, OR HANDLE ANY HEALTH ISSUES YOU MIGHT HAVE. MOSSINGFITNESS.COM AND THE PRODUCTS, SERVICES, APPLICATIONS AND RECOMMENDATIONS ON THIS SITE ARE NOT A SUBSTITUTION FOR THE ADVICE OF A PHYSICIAN OR MEDICAL PROFESSIONAL OR DOCTOR. BEFORE STARTING ANY PROGRAM OR PLAN, YOU SHOULD CONSULT A MEDICAL DOCTOR ABOUT YOUR PHYSICAL CONDITION AND WHAT PROGRAMS AND DIETS ARE SUITABLE FOR YOU. STARTING A PROGRAM OR DIET WITHOUT CONSULTATION FROM A MEDICAL DOCTOR COULD LEAD TO HEALTH PROBLEMS AND RISKS TO YOUR HEALTH. ALL PROGRAMS AND DIETS INVOLVE RISKS TO YOUR PHYSICAL AND MENTAL HEALTH AND YOU SHOULD BE AWARE OF THESE RISKS BEFORE STARTING ANY DIET OR PROGRAM.

v. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

We reserve the right, in our sole and absolute discretion, to deny you access to the Site and the Service. The Service is offered with the understanding that we may terminate the Service at any time, for any reason or no reason, including without limitation for any violation of the Terms of Use. We may stop offering and/or supporting the Site and/or the Service at any time. Prices for any of our products, services, or subscription plans are subject to change without notice and we shall not be liable to you for any modification in price or continuation of any product or service.

Governing Law

To the maximum extent permitted by law, this agreement is governed by the laws of Canada and you hereby consent to the exclusive jurisdiction and venue of the federal and provincial courts located in Alberta, Canada in all claims or disputes arising out of or relating to the use of the Site or Service, or arising out of or relating to this Terms of Use, without regard to conflict of law rules, and shall be resolved in accordance with the provisions of the section herein entitled “Class Action and Dispute Resolution”. Use of the Site and Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

No Partnership

You agree that no joint venture, partnership, employment, or agency relationship exists between you and MOSSING FITNESS as a result of this agreement or use of the Site. Our performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.

Assignment

We may assign this Terms of Use, in whole or in part, to any person or entity at any time with or without your consent. You may not assign, sub-license or otherwise transfer any of your rights and obligations in these Terms of Use without our prior written consent, and any unauthorized assignment, sub-license or transfer by you shall be null and void.

Severability

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Notices

Unless otherwise expressly stated in this Terms of Use, all notices from you to us must be in writing and sent to our contact address at 5 Edward Place, St. Albert, AB, Canada, or mossingfitness@gmail.com and all notices from us to you will be displayed on our Site from time to time.

Attorneys’ Fees

In the event any litigation is brought by either party in connection with this Terms of Use, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.

No Waiver

Our failure to enforce any provision of this Terms of Use shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Terms of Use shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Equitable Remedies

You hereby agree that the Site would be irreparably damaged if the terms of this Terms of Use were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Terms of Use, in addition to such other remedies as we may otherwise have available to us under applicable laws.

Entire Agreement

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and us with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and us with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

We reserve the right, in our sole discretion, to change this Terms of Use at any time by posting the amended Terms of Use on the Site, and you agree that you will be bound by any changes to this Terms of Use. Changes may be made to the Site and/or the Service at any time. If at any point you do not agree to any portion of the then-current version of this Terms of Use, you must immediately stop using the Site and/or the Service.The most current version of this Terms of Use will supersede all previous versions. We encourage you to periodically review this Terms of Use to stay informed of our updates.