Last Modified: March 6, 2019

 

Fabs Fitness Fix is a business registered in Ontario, Canada. In consideration for permitting your access to our website and online store (the “Website”) and other good and valuable consideration, you agree as follows:

These terms and conditions (the "Terms") form a legally binding agreement which govern your access to and use of Fabs Fitness Fix's, ("we", "us" or "our") Website hosted at https://www.fabsfitnessfix.com and other domains and sub-domains. By using our Website, you, the user ("you" or "your"), represent and warrant that (a) you are of the age of majority; and (b) you have read and understand these Terms and agree to be bound by them. If you are using the Website on behalf of, or in the employ of, an organization (corporation, trust, partnership, etc.), you are agreeing to these Terms for that organization and representing and warranting that you have the authority to bind that organization to these Terms.  In such a case, "you" and "your" will also refer to that organization and yourself individually. Both you as an individual and your organization are legally bound by these Terms which form an agreement with Fabs Fitness Fix.

 

Privacy

We collect and use your personal information in accordance with our privacy policy.  By using our Website and purchasing products from us, you consent to such processing and you represent that all information provided by you is accurate.

​

Our Products

We sell licenses to digital goods on our Website, primarily in the form of portable document format (i.e. pdf) e-books and meal plans (“Digital Goods”). When you purchase Digital Goods for download on our Website, you are not purchasing ownership of the copyright to our Digital Goods, you are purchasing a personal use license (“PUL License”). Upon purchasing a PUL License for Digital Goods, we grant you a non-exclusive right to use those Digital Goods on the following terms:

 

• Single Print: You may download a pdf copy of the Digital Goods from us and print a single copy for your personal use;

• Electronic Use: For each PUL License purchased, you may keep the pdf file electronically to be displayed and used on your own personal computing devices, including for example, a personal computer, tablet or smart phone;

• Non-Commercial Use: You are not permitted to sublicense, sell access to, or otherwise commercialize our Digital Goods;

• No Reselling or Sharing: You agree that you are not permitted to resell, share or otherwise distribute our Digital Goods with third parties. This includes sharing the pdf file or a printed copy of the Digital Goods, with any third party. You agree and acknowledge that all third parties must license their own copy of our Digital Goods if they wish to use them. You acknowledge that there are strict penalties, including statutory damages, which apply to the unlawful use of our copyrighted materials.
   

Establishing an Account

You may browse the public facing sections of our Website without establishing an account or providing us with any personal information. You may also purchase or license products from us without an account by proceeding to the online checkout as a guest user.

 

We may also permit you to create an account on our Website. Establishing an account makes the checkout process easier and allows you to store and save products you may wish to later purchase. Upon establishing a user account with us, we grant you a worldwide, non-transferable, non-exclusive license to access the Website and your account in accordance with these Terms but reserve the right to revoke the license and your access to our Website.

​

Account Not Transferable, Updating Your Account & Security

If you establish an account with us, access to your account is not transferrable and is only intended for the individual or entity that established the account. Upon setting up an account, you will be required to create a username and password.  You are responsible for safeguarding the password you use to access the Website and you agree not to disclose your password to any third party. You agree to use a unique password which you have not used in relation to any other website, application or online service.  You are responsible for any activity on your account, whether you authorized that activity or not.

​

Prices

Where prices are listed on the Website, they are subject to change without notice. Such prices listed are an invitation to make an offer and are subject to acceptance by us.  Even in the event of the automated processing of your order on the Website, you agree that we will have the opportunity to review and accept such orders.

​

Additional terms, including but not limited to, price, tax, account access and payment may be specified on the Website.  Those terms, as amended from time to time, are incorporated by reference and form part of this agreement. If any information or terms posted to the Website concerning price, tax, discounts, refunds or cancellations are posted in error, we reserve the right to amend those terms. You agree to pay all sales taxes, whether Canadian or foreign, applicable to this agreement or arising in any way from the purchase of products or services from us.

​

Payment

We use third-party payment processors to process payments made by you on the Website. Our third-party payment processors include PayPal Canada Co. (“PayPal”), their affiliates and others. Although we may host or link to their forms on our Website, when you provide your payment details on or via the Website, you are providing them to the applicable payment processor.

​

We may have access to view portions of your payment information via the third-party payment processor, however, we do not collect or store your full credit card information ourselves. You acknowledge that third-party payment processors may have their own terms and conditions that apply to you. If you have any questions concerning our third-party payment providers, please contact us.

​

Return Policy

Unfortunately, given the digital nature of our products, we do not permit the return or exchange of products sold or licensed to you. All sales are final.

​

Acceptance of Risk and Disclaimers

NONE OF THE INFORMATION PROVIDED ON OUR WEBSITE OR AS PART OF OUR PRODUCTS, INCLUDING OUR E-BOOKS AND MEAL PLANS, ARE PROVIDED AS, NOR ARE THEY INTENDED TO BE, PROFESSIONAL NUTRITION OR MEDICAL ADVICE. PRIOR TO IMPLEMENTING OUR MEAL PLANS, YOU SHOULD SEEK PROFESSIONAL MEDICAL ADVICE TO ENSURE EACH MEAL PLAN IS SUITABLE FOR YOU, TAKING INTO CONSIDERATION ANY MEDICAL CONDITIONS OR FOOD ALLERGIES YOU HAVE. 

​

EVERYTHING ON THE WEBSITE, INCLUDING ALL PRODUCTS AVAILABLE FOR ORDER, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.

​

LIMITATION OF OUR LIABILITY

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATED ENTITIEES, OWNERS, PARTNERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO NEGLIENCE, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES YOU SUFFER, REGARDLESS OF LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER THOSE DAMAGES WERE FORESEEABLE OR NOT.

​

IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY PRODUCTS ORDERED FROM OUR WEBSITE, OR DO NOT AGREE WITH ANY PART OF THESE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, OUR AFFILATED ENTITIES, OWNERS, PARTNERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS OR LICENSORS, THEN YOUR REMEDIES ARE LIMITED TO DELETING YOUR ACCOUNT WITH US, IF YOU HAVE ONE, AND NO LONGER ACCESSING OUR WEBSITE OR DIGITAL GOODS.

​

IN ADDITION TO YOUR AGREEMENT TO NOT HOLD THE ABOVE ENTITIES AND PERSONS LIABLE FOR ANY DAMAGES, IN THE EVENT A COURT OR ARBITRATOR OF COMPETENT JURISDICTION DECLINES TO UPHOLD SAID CLAUSE, YOU AGREE THAT IN NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO OR IN ANY WAY ARISING FROM THE USE OF OUR WEBSITE OR OUR PRODUCTS, OR IN ANY WAY RELATED TO THESE TERMS, BE MORE THAN (I) THE AMOUNTS PAID BY YOU TO US OVER THE PRECEEDING TWO (2) MONTHS; OR (II) CAD $25.00, WHICHEVER IS GREATER.

​

YOU AGREE AND ACKNOWLEDGE THAT WE WOULD NOT ENTER INTO THIS AGREEMENT OR GRANT ACCESS TO THE WEBSITE TO PURCHASE OUR PRODUCTS WITHOUT THESE RESTRICTIONS AND LIMITATIONS ON OUR LIABILITY.

​

INDEMNIFICATION AND HOLD HARMLESS

YOU AGREE TO INDEMNIFY US, OUR AFFILIATED ENTITIES, OWNERS, PARTNERS, EMPLOYEES, SHAREHOLDERS, DIRECTORS, AGENTS, REPRESENTATIVES AND CONTRACTORS, AND TO DEFEND AND HOLD EACH OF THEM HARMLESS, FROM ANY AND ALL CLAIMS AND LIABILITIES (INCLUDING REASONABLE LEGAL FEES) WHICH MAY ARISE FROM; (I) YOUR VIOLATION OF THESE TERMS, OR ANY POLICY INCOROPRATED BY REFERENCE; (II) YOUR VIOLATION OF ANY THIRD PARTY RIGHT; OR (III) ANY BREACH OF A REPRESENTATION OR WARRANTY MADE BY YOU TO US, EITHER IN THESE TERMS, PRIVACY POLICY OR OTHERWISE.

​

Ownership of the Website and its Contents

Our Website contains open source and public domain content, licenced content as well as proprietary content owned by us and by third parties such as Wix.com, Inc. and their affiliates.  You are not permitted to copy or distribute any content (including but not limited to text, images, trademarks, videos and audio) on the Website without the express consent of the owner. Without limiting the forgoing, you are not permitted to use any trademark or trade name of Fabs Fitness Fix, including our logo without our express permission.

​

Your Content

Our Website may permit you and other users the ability to upload and post content ("User Content"). We do not pre-screen User Content uploaded or posted to the Website by you or other users. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any of your User Content that you post or upload to the Website. However, you or we may delete your User Content at any time.  

​

In addition to our Acceptable Use Policy, you agree not to use the Service in any manner which may infringe copyright or other intellectual property rights of any third party or in any manner which is unlawful, offensive, threatening, libelous, defamatory, obscene or in violation of these Terms.

​

We may, but have no obligation to, remove content and accounts that we determine in our sole discretion to be unlawful, damaging, or violate any third-party's intellectual property rights, these Terms or any policy incorporated by reference herein.

​

Copyright Notice

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on our Website, please notify us at fabsfitnessfix@gmail.com.  While we take no responsibility for any user, licensor or supplier who breaches your copyright or other intellectual property rights, we may, in our sole discretion and without liability, undertake to attempt to contact the infringer on your behalf and/or cancel the infringer's account.

​

Linked Sites

Whether or not we are affiliated with sites or third-party vendors that may be linked to our Website, we are not responsible for their content (the "Linked Sites").  The Linked Sites are for your convenience only and you access them at your own risk.  We and other users provide links and references to material on other websites not owned or operated by us.  Links found on our Website or Service are not an endorsement and we do not represent or warrant the accuracy or truth of the contents of information found on said websites.  You access those links and corresponding sites at your own risk.

​

Law of the Contract (Governing Law) and Jurisdiction

These Terms, all documents incorporated by reference and your relationship with us, shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, Canada, (and any Canadian federal laws applicable therein) as it is applied to agreements entered into and to be performed entirely within such province.

​

You agree to irrevocably and unconditionally submit to the exclusive jurisdiction of the courts and tribunals of Ontario, Canada (including the Federal courts and tribunals as applicable therein) to settle any disputes arising out of or in any way related to these Terms, all documents incorporated by reference and your relationship with us. 

​

Severability

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

​

No Construction Against Drafter

If an ambiguity or question of intent arises with respect to any provision of these Terms, the Terms shall be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of authorship.

​

Waiver of Class Proceedings and Trial by Jury

To the extent permitted by law, you waive your right to participate in any class action lawsuits against us, our contractors, employees, shareholders, successors, assigns, officers and directors.  To the extent permitted by law, you further waive any right to a trial by jury, should such a right exist, in relation to any legal dispute connected to or in any way arising out of these Terms.

Incorporation by Reference

​

All policies referred to in these Terms, or anywhere on our Website, are incorporated into these Terms by reference, including, but not limited to, our Privacy Policy and Acceptable Use Policy.

​

Account Termination

If you established an account on our Website, you can terminate your account with us at any time.  To do so, please contact us by email.  We reserve the right to suspend your account or access to our Website at any time, with or without cause, and with or without notice. 

​

The cancellation, suspension or termination of access to our Website, or your account, shall not terminate this agreement.  Without limiting the foregoing, any provision of these Terms concerning the limitation of our liability, your indemnification obligations, settling disputes (including the jurisdiction and choice of law) shall remain binding.

​

Assignment of this Agreement

You agree that we may assign this agreement to any successor or assignee, whether pursuant to the purchase of our Website, the transfer of control of Fabs Fitness Fix, or otherwise.

​

Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

​

Other Terms

In the course of using your account with us or using our Website, you may be required, or by your actions may be deemed, to consent to the terms of agreements provided by third-party service providers, including for example, payment processors, social media login account providers (Facebook, Twitter, etc.), credit card companies and banks.  You agree that nothing in those agreements shall, in any way, alter these Terms or your obligations hereunder.

​

AMENDMENTS

AS OUR WEBSITE AND PRODUCTS CONTINUE TO CHANGE, WE MAY, AT ANY TIME, REVISE THESE TERMS AND OUR POLICIES BY UPDATING THIS PAGE OR THE PAGE HOSTING THE RELEVANT POLICY.  THE DATE OF THE LAST VERSION OF THESE TERMS IS POSTED ABOVE.  AS YOU ARE BOUND BY THESE TERMS EACH TIME YOU VISIT OUR WEBSITE, YOU ARE RESPONSIBLE FOR PERIODICALLY REVIEWING THE AMENDMENTS TO THESE TERMS AND YOU ARE DEEMED TO HAVE ACCEPTED AND AGREED TO SUCH AMENDMENTS BY ACCESSING AND USING THE WEBSITE AFTER SUCH AMENDMENTS HAVE BEEN POSTED.  IF YOU DO NOT AGREE WITH THE AMENDMENTS, PLEASE STOP ACCESSING THE WEBSITE AND TERMINATE YOUR ACCOUNT. WE MAY ALSO UNDERTAKE TO SEND YOU NOTICE OF ANY CHANGES TO THE TERMS OR POLICIES.