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Terms & Conditions

Acceptance of Website Terms

Your access to and use of this web site [the "Site"] constitutes your acceptance of the following terms of use [the "Terms"]. If you do not agree to these Terms, you should immediately stop using this Site and destroy all materials obtained by you through use of this Site.

Also note that these Terms may change from time to time and it is your responsibility to check for such updates. The effective date of these Terms is February 16, 2015.

Intellectual Property Rights and Grant of Limited License

This Site is operated by Fitness Health Match Inc. ["FHMatch"]. The information, text, graphics, video, audio, or other materials on this Site [collectively the "Content"] are protected by copyright, as is the arrangement of the Content. FHMatch either owns the Content of this Site or has acquired the appropriate licenses or permissions for the use of the Content.

Some of the names, words, phrases, designs and logos [collectively the "Marks"] in this Site, and any links from this Site may be protected as trademarks of FHMatch or other owners. The Marks include, without limitation, the business name FHMatch and the logo.

You are hereby granted revocable permission to use the Content of the Site for personal, non-commercial, lawful viewing only. This is a limited license grant, not a title transfer, and under this license you may not modify the Content, remove any copyright or proprietary notices from the Content, nor mirror the Content onto any other server. The display of the Marks on the Site does not imply that FHMatch or any other owner grants you a license to use any of these Marks without the written permission of the owner.

When purchasing an annual Premium or monthly Premium paid plan, please note, we have a no refund policy.

Disclaimer and Limitation of Liability

This Site and the Content is provided for information purposes only. Access to this Site is provided on an "as is" basis, and while reasonable efforts are made to ensure the quality, accuracy and timeliness of the Content and the operation of this Site, FHMatch makes no representations or warranties of any kind regarding this Site and/or the Content, including without limitation, any representations or warranties that: (i) the Site or the Content will be accurate, complete, current, timely, merchantable or suitable for any particular purpose, (ii) the operation of the Site will be uninterrupted or error-free, (iii) defects or errors in the Site or Content will be corrected, (iv) the Site will be free from viruses or harmful components, (v) communications to or from the Site will be secure and/or not intercepted and (vi) the Site or the Content will not infringe any third party intellectual property.

You acknowledge and agree that you are using the Site solely at your own risk and liability.  FHMatch will not be responsible for any damages whatsoever, including without limitation direct, indirect, special, incidental, consequential or punitive damages, arising out of or in connection with the Content or the use or inability to use this Site, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Despite the previous paragraph, if FHMatch is found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 Canadian Dollars.

User Responsibility

You are responsible for your use of the Site, for any content you post and any consequences thereof.  The Content you submit, post, or display will be able to be viewed by other users.  All Content is the sole responsibility of the person who originated the Content.  FHMatch may not monitor or control the Content on the site and cannot take responsibility for such Content.  Any use or reliance on any Content on the Site or obtained by you via the Site is at your own risk.

FHMatch does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted on the Site or endorse any opinions expressed via the Site. You understand that by using the Site, you may be exposed to Content that might be offensive, harmful, inaccurate, inappropriate, or otherwise deceptive. Under no circumstances will FHMatch be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site.

You acknowledge that FHMatch does not provide fitness and/or health services. FHMatch’s services may be used by you to request and schedule fitness and/or health services with third party providers, but you agree that FHMatch has no responsibility or liability to you related to any fitness and/or health services provided to you by third party providers through the use of the services other than as expressly set forth in these terms.

FHMatch does not guarantee the suitability, safety or ability of third party providers or the quality, safety, or legality of what is offered. It is solely your responsibility to determine if a third party provider will meet your needs and expectations. FHMatch will not participate in disputes between you and a third party provider. By using the services, you acknowledge that you may be exposed to situations involving third party providers that are potentially unsafe, offensive, harmful to minors, or otherwise objectionable, and that use of third party providers arranged or scheduled using the services is at your own risk and judgment. FHMatch shall not have any liability arising from or in any way related to your transactions or relationship with third party providers.

User Generated Content

In the event that you make a submission of User Generated Content (“UCG”), in whatever form, including but not limited to: a blog, comment, review, photo, video, and/or audio clip, (“the UCG”) you do so to and for the benefit of FHMatch.  In consideration of the potential publicity and promotional value to you of FHMatch’s possible use or other further dissemination of the UCG, you agree to provide the UCG to FHMatch pursuant to the following terms and conditions:

1. You hereby irrevocably grants to FHMatch a non-exclusive, perpetual, transferable, royalty-free license to publicly display, broadcast, transmit, manufacture, and distribute the UCG, for free, for a fee or for sale, via any medium including but limited to: internet, print, audio and video, in any manner, by any means, whether now known or hereafter devised, as well as the right to edit, alter, or otherwise use the UCG in whole or in part, alone or in compilation with content provided by third parties. You waive any potential claims against FHMatch or any of its affiliates with respect to any such usage and/or editing of the UCG.

2. FHMatch shall own the entire right, title and interest in all Intellectual Property arising from the UCG. You agree to execute all documents necessary for the filing of applications for trademarks, patents or any other registrations, both Canadian and foreign, which protects FHMatch’s rights to the Intellectual Property, including, without limitation, any necessary assignments.

“Intellectual Property” includes all original works of authorship, trademarks, logos, designs, inventions, discoveries, developments, innovations, ideas, business improvements, processes, and compilations of data, whether or not subject to registration or capable of registration, which you may solely or jointly create or conceive of as part of, or in conjunction with, your submission to FHMatch.

You agree to irrevocably waive all Moral Rights in the Intellectual Property, where “Moral Rights” means any rights to claim authorship of Intellectual Property, to object to any modification of Intellectual Property, and any similar right that exists under judicial or statutory law of any country in the world or under any treaty, regardless of whether or not such right is called or generally referred to as a “moral right”.

3. You represent, warrants and covenant the following:

a. You are at least eighteen (18) years of age.

b. The submission of the UGC, agreeing to the Terms and Conditions of the Site, including FHMatch’s use of the UCG, (i) does not violate the rights of any third party; and (ii) will not result in a breach of, and does not otherwise violate, any agreement or understanding with another party (including without limitation your former or current employers), or any policies and procedures that govern you.

c. Either: (i) the UGC is your own creation and you own all rights in and to the UCG; or (ii) you have obtained all necessary rights to submit the UCG to FHMatch.

d. The UCG is not obscene, indecent, does not defame, invade the privacy of, or infringe upon or violate any rights of any kind whatsoever of any individual or entity.

e. The UCG does not violate any law, rule, or regulation of any governmental entity.

f. The UCG is not subject to any obligation of confidentiality.

g. You have not accepted or agreed to accept, or paid or agreed to pay, any money, service or other valuable consideration for the inclusion of any matter in the UCG.

4. You will indemnify and hold harmless FHMatch, and its affiliates, parent companies, subsidiaries, officers, shareholders, directors, members, managers, employees, agents, representatives, successors, and assigns (collectively “FHMatch Entities”) against any and all loss, liability, claims, damages and other expenses, including reasonable legal fees, arising from: (a) FHMatch’s use of the UCG; (b) any act or omission by you; and (c) any breach of your representations and warranties pursuant to the Terms. The Terms shall be governed by and construed in accordance with the laws of the province of Ontario, Canada. Submitter agrees that all disputes arising under this Agreement will be litigated and adjudicated exclusively in the province of Ontario, Canada.

5. You understand and agree that in the exercise of the rights granted to FHMatch, FHMatch or its designees may, at their election, at any time and from time to time, exploit and turn to account any and all rights granted to FHMatch hereunder, and the UGC provided by you, in any manner and by any means, whether now known or hereafter devised.

6. You understand that submission of the UGC to FHMatch does not obligate FHMatch to use the UGC.

7. Submitter agrees that if UGC is selected for use by FHMatch, FHMatch may use your full name, title of the UGC, and city and province of residence and/or operation for the purpose of identifying, promoting and/or generating publicity for the usage. Except to the extent contained in the UGC, FHMatch will not disclose any other personally identifiable information to the public, unless it is necessary to: (i) conform to regulatory and legal requirements or comply with the legal process; (ii) protect the safety and security of its users, employees, or property; (iii) to defend the rights of the FHMatch Entities; or (iv) enforce the Terms.

8. For purposes of the Terms, “UGC” shall include all elements of the submission, including any copyrighted elements that may be contained therein.

Third Party Sites

This Site contains links to other web sites ["Third Party Sites"]. The Third Party Sites were independently developed by parties other than FHMatch.  The links to Third Party Sites are provided solely as a convenience to you, and FHMatch is not, in any manner, disseminating or endorsing the material contained therein.  Your use of Third Party Sites is solely at your own risk and liability.  FHMatch assumes no responsibility whatsoever for Third Party Sites nor does FHMatch make any representations or warranties of any kind with respect to Third Party Sites, including without limitation any representations or warranties: (i) regarding the accuracy, currency, quality or appropriateness of the information contained at the Third Party Sites, (ii) regarding merchantability, fitness for a particular purpose, or non-infringement any material, content, software, goods or services located at or made available through Third Party Sites, and (iii) that the operation of Third Party Sites will be uninterrupted, error free or free from viruses or other harmful components.

Payments and Invoicing with Stripe

Payment processing services for professionals on FHMatch are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to [this agreement / these terms / etc.] or continuing to operate as a professional on FHMatch, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of FHMatch enabling payment processing services through Stripe, you agree to provide FHMatch accurate and complete information about you and your business, and you authorize FHMatch to share it and transaction information related to your use of the payment processing services provided by Stripe.

By signing up for FHMatch and connecting your Stripe account, you agree to be charged a merchant service fee of 5.5% + $0.30 on payments received.

By registering with Stripe and connecting your account to FHMatch, you are confirming that you will not use Stripe to accept payments in connection with the following businesses, business activities or business practices; money and legal services, virtual currency or stored value, intellectual property or propriety rights infringement, counterfeit or unauthorized goods, gambling, regulated products or services, adult content and services, get rich quick schemes, mug shot publication or pay-to-remove sites, no-value-added services, aggregation, drug paraphernalia, high risk businesses, multi-level marketing pseudo pharmaceuticals, social media activity, substances designed to mimic illegal drugs, video game or virtual world credits and the use of Stripe in a manner inconsistent with its intended use or as expressly prohibited in the Stripe Services Agreement. A full list can be viewed here. Any responsibility for the use of FHMatch and Stripe to receive payments for the above services are on the professional.

Compliance with Laws

You agree to use this Site and any Content from this Site only for lawful purposes.

Choice of Laws

The laws of the Province of Ontario and laws of Canada applicable therein shall govern any dispute relating to the use of this Site, including without limitation the interpretation of these Terms, despite any conflict of laws provisions in force where you live or the physical location of your computer system. You hereby consent to the jurisdiction of the courts of the Province of Ontario, Canada in any action or dispute relating to your use of this Site.

Severability

The invalidity of any of the provisions of these Terms, as determined by a court of competent jurisdiction, shall not affect the validity of the remaining provisions.

Updated on July 10, 2017