These Terms of Service are an agreement between Over Fifty Fitness Ltd. and you, a user of our website and apps and Over Fifty Fitness products and services. Please read this agreement carefully. By using products and services available through the Site or from Over Fifty Fitness, you agree to be bound by these Terms of Service and our Privacy Policy written below. Any new features of our products, services and website, including our apps, updates, upgrades, or new services, shall also be subject to these Terms of Service. In addition, some products and services offered through our company, website, and apps may be subject to additional terms and conditions that we publish occasionally. Your use of such services is subject to those additional terms and conditions. Any new features of our website or apps, including updates, upgrades, or new services, shall also be subject to these Terms of Service. In addition, some services offered through our website may be subject to additional terms and conditions that we publish occasionally. Your use of such services is subject to those additional terms and conditions.

THESE TERMS OF SERVICE (“TERMS”) SET FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE WEBSITE. BY ACCESSING, DOWNLOADING, OR USING THE WEBSITE, YOU ARE ACCEPTING THESE TERMS, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE WEBSITE OR ACCEPT THESE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THIS AGREEMENT’S PROVISIONS, DO NOT ACCESS AND/OR USE THE WEBSITE.

 

Our Content: Proprietary Rights

Through our website and apps, we offer, sell, rent and digitally distribute videos, audiovisual combinations, music, sounds, graphics, photos, and other content, as well as sell products related to that content. We are the owner or authorized licensee of all information, materials, functions and other content on our website and apps, and you acknowledge that you are only receiving a limited right to access or use this content. No content from our website and apps may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of our website and apps. We also own any information and data collected from you, including, without limitation, any data regarding your use and viewing of our website and apps and its content. We may use such information and data for benchmarking and other service enhancements. We will handle and treat any information we collect from you in compliance with our current Privacy Policy. Over Fifty Fitness Ltd. and our graphics, logos, designs, page headers, button icons, scripts, and service names are registered and/or common law trademarks, trade names, or trade dress of Over Fifty Fitness Ltd. in Canada, the U.S. and/or other countries. These trademarks, trade names, and trade dress may not be used in connection with any product or service in any manner that is likely to confuse. We reserve all rights in or to such trademarks, trade names, or trade dress. We respect the intellectual property rights of others and expect our users to do the same. In appropriate circumstances and at its discretion, it is our policy to disable or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the intellectual property rights of others.

 

Third-Party Links

We are not responsible for the content or availability of outside websites and apps or resources linked to or referenced on our website and apps. We do not endorse and are not responsible or liable, directly or indirectly, for any claims that arise from your access or use of any content, advertising, products, or other materials on or available from such websites and apps.

 

Your Account

If you purchase a product or service on our website or app, you will be asked to create an account using your email and a unique password. You must keep your account information secure. You are solely responsible and liable for all activities that occur under your password or account. You shall notify us immediately of any breach of security or unauthorized use of your password or account. You acknowledge, consent, and agree that we may preserve and disclose your account information if required by law or in good faith belief that such preservation or disclosure is reasonably necessary to comply with a legal process or enforce these Terms of Service.

 

Eligibility; Age Restriction

Our website and apps may only be used by individuals 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 must at all times use our website and apps only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. The supervising adult is responsible for all activities on or through our website and apps in these cases. You represent and warrant that you are at least 18 years old, that you are using our website and apps under the supervision of an adult parent or legal guardian, and that all registration information you submit is accurate and truthful. In our sole discretion, we may refuse to offer access to or use of our website or apps to any person or entity and change our eligibility criteria at any time. This provision is void where prohibited by law, and the right to access the website and apps is revoked in such jurisdictions.

 

Payment Processing; Order Fulfilment

Our website and apps are hosted by Uscreen and whichever app store you are using, which also assists in the processing of our orders. When you input your credit card information as payment for an order, Uscreen directly and securely transmits that information to its third party payment processor, who verifies the credit card and remits the payment to us. Neither we, nor Uscreen, ever store your credit card image or number. As applicable by law, sales and use taxes will be based on your location and our location, and purchase prices are inclusive of taxes. You will be responsible for paying any applicable taxes relating to your payments. You will indemnify and hold harmless Over Fifty Fitness Ltd. and Uscreen from your failure to pay all taxes, including sales tax, based on incorrect information provided by you. If you believe you are entitled to a refund of any taxes, you are solely responsible for such determination. Uscreen also fulfills all orders for digitally distributed content by making that content available for viewing. It will inform you of the device and system requirements for accessing this content. You are responsible for completing the digital download, and for all risk of loss of the content after download. You acknowledge that the resolution and quality of the content received will depend on several factors, including the type of device on which it is streamed and available bandwidth. While we strive to provide a high-quality viewing experience, neither we nor Uscreen, make any guarantee as to the resolution or quality of the content.Upon receiving an order for any of our products, Uscreen will notify us so that we may fulfill the order directly.

 

Acceptable Use

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses our website or apps in a manner that sends more request messages to our servers in a given period than a human can reasonably produce in the same period by using a conventional online web browser. You agree to comply with all applicable laws in your use of our web site.

 

Unacceptable Use

You shall not:

• Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the website or apps;
• Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the website or apps or any content;
• “Frame” or “mirror” any portion of the website or apps, or link to any material other than via the homepage of the URL located at www.overfiftyfitness.co or the URLs provided by us to you for such purposes, without our prior written authorization;
• Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the website or apps; or
• Harvest or collect information about or from users of the website or apps without their express consent and, if such consent is provided, only pursuant to applicable law.

 

Reporting Copyright Infringement

If you are a copyright owner or are authorized to act on behalf of one, please report alleged copyright infringements taking place on or through our website or apps by completing the following DMCA Notice of Alleged Infringement and delivering it to our Designated Copyright Agent. In accordance with the Digital Millennium Copyright Act of 1998, we will respond expeditiously to these allegations and take whatever action, at our sole discretion, we deem appropriate, including the removal of the challenged material from the website or apps. The DMCA Notice of Alleged Infringement shall: 1. Identify the copyrighted work that you claim has been infringed.2. Identify the material you claim is infringing and that is to be removed or disabled and provide information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the web site where such material may be found.3. Provide your mailing address, telephone number, and, if available, email address.4. Include both of the following statements in the body of the notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

“I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

 

Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to our Designated Copyright Agent at: Over Fifty Fitness Ltd. hello@overfiftyfitness.co

 

Warranties/Limitation of Liability

OUR CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, CONCERNING OUR WEBSITE AND APPS OR SERVICES, WITHOUT LIMITATION, ANY WARRANTIES OF INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT MAKE ANY WARRANTIES THAT THE WEBSITE AND APPS WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE THAT YOUR USE OF THE WEBSITE AND APPS WILL MEET YOUR EXPECTATIONS, OR THAT THE WEBSITE AND APPS, CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. WE RESERVE THE RIGHT TO CHANGE ANY PART OF THE WEBSITE AND APPS AT ANY TIME WITHOUT NOTICE. WE WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOSS OF DATA OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER, CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE OR STRICT LIABILITY), ARISING OUT OF THIS AGREEMENT OR YOUR USE OR INABILITY TO USE OUR WEB SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT OR YOUR USE OF OUR WEBSITE, APPS OR SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO PURCHASE THE CONTENT OR PRODUCTS THAT GAVE RISE TO SUCH LIABILITY, AND (B) $100.

 

Indemnification

You agree to defend, indemnify and hold harmless Over Fifty Fitness Ltd. and its officers, directors, employees and agents from and against all claims, actions, suits or proceedings, as well as all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of any breach by you of any of these Terms of Service or your violation of any law or the rights of a third party.

 

TERMS OF ENROLLMENT

The following Terms of Enrollment govern your participation in the Program presented by Over Fifty Fitness Ltd..  Please read these Terms of Enrollment carefully. By visiting and using the Program Portal/Membership Site you agree that your use of our Site, participation in our Program, and use of Program materials is governed by the following terms and conditions, together with our Terms of Service and Privacy Policy.

 

The Over Fifty Fitness Membership includes:

Access to Over Fifty Fitness membership portal available at www.overfiftyfitness.co and in the Over Fifty Fitness Apps on iOS, Android, AppleTV, AndroidTV, Amazon FireTV, Roku, Smsug and screen casted via Chromecast, Airplay or Bluetooth

Access to Over Fifty Fitness Community in-app and private Facebook group.

We are committed to providing all participants with a positive experience. Thus, Over Fifty Fitness Ltd. may, at its sole discretion, limit, suspend, or terminate your participation in any of its programs, live, recorded, social media-based or digital without refund or forgiveness of remaining payments if:

• You become disruptive or difficult to work with
• You fail to follow the program guidelines 
• You impair the participation of our instructors or participants in our program(s)

 

You hereby acknowledge and agree that:

The content provided by Over Fifty Fitness Ltd. is not intended to substitute for or in lieu of other health and wellness training, certification, accreditation, and/or licensing.

Your participation in this Program is not a substitute for any licensing requirements that may apply to you and does not independently authorize you to render care, prescribe regimens or prescribe medications or supplements.

Your activities in the health and wellness field remain subject to your education, qualifications and licensure.

 

Content

Program education and information are intended for a general audience and do not purport to be, nor should they be construed as, specific advice tailored to any individual.   

All materials, procedures, policies, and standards, all teaching manuals, all teaching aids, all supplements, and the like that have been or will be made available by the Company or its designated facilitators, or any other source, oral or written, are for personal use in or in conjunction with this training program only.

Program content is for personal use only and may not be sold, recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of the Company or its designated agent.

The information contained in the program material is strictly for educational purposes. Therefore, if you wish to apply the ideas in this material, you take full responsibility for your actions.

We assume no responsibility for errors or omissions that may appear in any program materials.

Usernames and passwords may not be shared with any third parties.

Any violation of the Company’s policies regarding content usage shall result in the immediate termination of your enrollment without a refund.

 

Membership and Fees

 

Billing

Members are billed on a recurring monthly or annual basis based on the original sign-up date. Member rates are locked in, meaning their rate will stay the same for as long as they are a member, regardless of public pricing increases. 

 

Termination

These Terms shall take effect on the date you first access or use our website or app and shall continue until terminated in accordance with these Terms. You agree that we may, at our sole discretion, suspend, block, or terminate your access to all or part of our website or app and any content, with or without notice, for any reason. Any suspected illegal or fraudulent activity may be referred to appropriate law enforcement authorities.

 

Cancellation and Refund Policy

Because of our 14-day trial, refunds are unavailable. We allow our members to experience our fitness platform with a 14-day free trial to see if it’s the right fit for you. Through the years, we have found that our community knows within a few days of using our platform whether or not this is a good fit for them. Most platforms offer limited trials, but we give you full access to everything so you can make your decision confidently. 

If we are not a match, cancel before the trial ends, and no charges will occur. 

You can cancel anytime if you choose a monthly subscription, and annual memberships can be cancelled before their renewal date if they do not wish to continue. If you do, you can still access Over Fifty Fitness and all of our services until your renewal date. 

 

 

Governing Law; Jurisdiction

The laws of British Columbia govern these Terms without regard to its conflicts of law provisions. Any claim or controversy arising out of or related to these Terms shall be instituted in any provincial court in the Vancouver area, British Columbia or federal court in Vancouver, British Columbia. Each party agrees to submit to the jurisdiction of and agrees that the venue is proper in such courts in any such legal action or proceeding.

 

Miscellaneous 

These Terms and our Privacy Policy constitute the entire agreement between you and Over Fifty Fitness Ltd.. You may not assign these Terms in whole or in part without our prior written consent, and any purported assignment in violation of this provision shall be null and void. We may assign or otherwise transfer these Terms and all rights granted hereunder in connection with any corporate reorganization, merger, or sale of all or substantially all of the assets and business to which these Terms relate. These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective heirs and assigns. If any provision of these Terms is determined by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

 

Modifications

We reserve the right to change these Terms at any time by updating this page with any such changes and indicating the effective date of those changes. You acknowledge and agree that it is your responsibility to review these Terms periodically to familiarize yourself with any modifications. By continuing to access and use our website or apps after those changes become effective, you consent and agree to be bound by the revised Terms.

 

Online Commerce 

Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and apps and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site. Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Over Fifty Fitness Ltd. shall not be responsible or liable for any loss, damage, or other matters incurred due to such dealings. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

 

Contact Us

If you have any questions or comments regarding these Terms or our Privacy Policy, contact us at: hello@overfiftyfitness.co. These Terms of Service and this Privacy Policy are effective as of June 16, 2021.

 

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