Terms of Use - SmartFit

Please read the following Terms and Conditions carefully

All visitors accessing or using this website (the “Site”) must adhere to the following Terms of Use. Your use of the Site is governed by these Terms of Use, regardless of how you access the Site (including through the Internet, through Wireless Access Protocol (commonly referred to as “WAP”), through a mobile network, or otherwise). The Site is managed and operated by SmartFit Personal Training.

Restrictions on Use

SmartFit Personal Training owns the internet address for the Site (“https://www.smartfitgym.com/”), the logos , and the information about the SmartFit Personal Training program. You agree that you acquire no ownership interest in the Site or Contents by accessing or using the Site. SmartFit Personal Training Contents from the Site may not be modified, copied or distributed, republished, uploaded, posted, decompiled, or transmitted in any way, without our prior written consent, except that you may download one copy of the SmartFit Personal Training Contents on one computer for your personal, non-commercial home or archival use only, provided you do not delete or change any copyright, trademark, or other proprietary notices contained therein. The SmartFit Personal Training Contents on the Site are provided for lawful purposes only.

Restriction of Liability

SmartFit Personal Training SHALL NOT BE HELD LIABLE TO YOU FOR ANY DAMAGES OR INJURY CAUSED BY ANY MATERIALS IN OR SOFTWARE AVAILABLE THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. SmartFit Personal Training SHALL NOT BE HELD LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN OR SOFTWARE AVAILABLE THROUGH THIS SITE, EVEN IF THERE IS NEGLIGENCE OR EVEN IF SmartFit Personal Training HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. WITHOUT LIMITING ANY OF THE FOREGOING, IF SmartFit Personal Training IS FOUND LIABLE TO YOU OR ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR ANY OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE SITE, OR YOUR USE OF THE SITE, THE TOTAL LIABILITY TO YOU FOR ALL SUCH CLAIMS AND OTHER MATTERS INCLUDING ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, TORT INCLUDING WITHOUT LIMITATION, NEGLIGENCE, PRODUCT LIABILITY AND STRICT LIABILITY, OR OTHERWISE) WILL NOT BE GREATER THAN $100 IN ANY CALENDAR YEAR.

Disclaimer

The SmartFit Personal Training Contents on the Site could include technical inaccuracies or typographical errors. Also, SmartFit Personal Training may make changes or improvements to the Site at any time. THE SITE AND CONTENTS ON THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. SmartFit Personal Training DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. SmartFit Personal Training DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SmartFit Personal Training DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE CONTENTS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. SmartFit Personal Training MAKES NO COMMITMENT TO UPDATE THE MATERIALS ON THE SITE. YOU (AND NOT SmartFit Personal Training) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.

Miscellaneous

SmartFit Personal Training may, without notice, revise these Terms of Use at any time by updating this posting. Your continued use of the Site now, or following the posting of any changes or modifications, will indicate acceptance by you of such changes or modifications. These Terms of Use will be governed and be interpreted pursuant to the laws of the Canada, notwithstanding any principles of conflicts of law. If any part of these Terms of Use is declared unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

This Terms of Use and the Privacy Policy collectively constitute the entire agreement with respect to your access and use of the Site.