WEBSITE TERMS OF USE

1. Introduction

The following sets out the terms and conditions of use (the "Terms of Use") for our website: https://trainerlist.ca/ (the "Site") made available by TrainerList Inc. ("we", "us" or "our").

The purpose of the Site is to provide information, products, and services relating to our mission, approach and initiatives. We intend for this Site to be used by both personal trainers and individuals seeking personal training. Depending on which of these categories you fall into, your rights and obligations may vary hereunder.

The contents of the Site include, without limitation, all information, data, products, materials, services, software applications and tools, design elements, text, images, photographs, illustrations, audio and video contents, artwork, graphics contained therein or otherwise made available to you in connection therewith (collectively the "Contents") and, unless the context clearly requires otherwise, or we explicitly say so in writing, the term Site includes all of the Contents.

These Terms of Use constitute a legally binding agreement between you and us regarding your use of and access to the Site.

These Terms of Use do not alter in any way the terms and conditions of any other agreement you may have with us, unless otherwise agreed to in writing by us. If you breach any of these Terms of Use, your authorization to use the Site automatically terminates and you must immediately destroy any Contents in your possession and discontinue all use of the Site.

2. Provision of the Site

You acknowledge and agree that the form and nature of the Site may change from time to time without prior notice to you.

You acknowledge and agree that we may stop (permanently or temporarily) providing the Site (or any features within the Site) to you or to users generally, at our sole discretion, without prior notice to you. You may stop using the Site at any time. You do not need to inform us when you stop using the Site or any of its features.

You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the Site, your account details or any files or other content which is contained in your account.

3. Use of the Site by You

Your use of the Site is subject to all applicable local, provincial, state and federal laws and regulations. You may not use, allow, or enable others to use the Site, or knowingly condone use of the Site by others, in any manner that is, attempts to, or is likely to:

• be obscene, fraudulent, defamatory, libelous, indecent, discourteous, racially or ethnically offensive, harassing, threatening, abusive, pornographic or discriminatory;
• affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress, or discomfort to us or anyone else, or discourage any person, firm, or enterprise from using all or any portion, features, or functions of the Site, or from advertising, linking, or becoming a supplier to us in connection with the Site;
• send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing";
• transmit, distribute, or upload content or programs that contain any viruses, Trojan horses, worms or other disabling devices or harmful components intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information;
• modify, disrupt, impair, alter, or interfere with the use, features, functions, operation, or maintenance of the Site or the rights or use and enjoyment of the Site by any other user;
• advocate or encourage any illegal activity;
• infringe upon or misappropriate the copyright, patent, trademark, trade secret, publicity rights or other intellectual property or proprietary rights of us or any third party;
• violate the privacy of any individual, including users of the Site; or
• violate any applicable local, provincial, state or national laws or regulations (anywhere in the world).

In order to access certain products and services or as part of the account registration process, you may be required to provide information about yourself (such as identification or contact details). You agree that any registration information you give to us will always be accurate, correct and up to date.

Unless you have been specifically permitted to do so in a separate agreement with us, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Contents or any of our products and services for any purpose.

You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under these Terms of Use and for the consequences (including any loss or damage which we may suffer) of any such breach.

4. Fees, Invoicing, and Payments

You shall pay us all fees, amounts and charges in relation to the cost of all services purchased by you through the Site (the "Fees"). Fees do not include applicable taxes. Fees are subject to change without notice from time to time. Fees are in the currency specified by us.

You shall pay the Fees either:

• with the credit card associated with your account and the Fees will be charged to your credit card;
• through an approved payment system company, such as PayPal or Stripe; or
• by making a pre-payment of Fees which we may apply to your purchases.

For purposes of calculating foreign currency rates for non-Canadian dollar currencies, we utilize a risk-adjusted daily exchange rate. Rates are provided via a daily feed from a reputable exchange rate service.

You shall pay any and all taxes, fees and duties that are paid or payable as a result of or otherwise in connection with the transactions contemplated in these Terms of Use including federal, provincial and local, excise, sales, use, goods and services, harmonized, value added and any taxes or other amounts in lieu thereof (collectively "taxes"), except for any taxes based on our net income and certain non-value add taxes based on our gross receipts.

Fees do not include any taxes which are or may be imposed by law on us, you or any affiliate, irrespective of whether we need to collect said taxes or you are required to account for said taxes and remit them, by any taxing authority or jurisdiction occasioned by, relating to or as a result of any other matter, good or service provided for under or in connection with these Terms of Use.

Where you fails to pay any amount in accordance with the Agreement, we shall have the right, in addition to any other rights or remedies available to it, to charge, and you shall pay, interest on such overdue amounts at the rate of one percent (1%) per month calculated daily, compounded monthly (12.68% per annum), both before and after any court judgement in respect of the same from the date such payment was due.

You agree and acknowledge that we may obtain consumer or other credit reports containing factual information in connection with such application and that you authorize receipt and exchange of credit information.

5. Participation in the Site

The Site encourages submissions to almost any aspect of our Site. As a user content driven site directly related to your community, you are welcome to post any events, news items, photos, comments, classifieds or businesses ("User Content"). You acknowledge and agree that if you submit any User Content to the Site you will be solely responsible for such User Content. We will not be liable in any way for any such User Content submitted. You further agree that you will not:

• submit any User Content which is harassing, abusive, threatening, harmful, libelous or defamatory, encourages conduct that could constitute a criminal offense or give rise to civil liabilities, or is unlawful in any other way.
• submit any User Content protected by intellectual property laws or by rights of privacy, unless you own the rights thereto or have received all necessary consents. You shall be solely liable for any damage resulting from any infringement of copyright, trademark or other proprietary rights;
• submit any User Content which contains a virus or other harmful components;
• engage in activity that interferes with or disrupts the use of the Site by other users;
• submit any User Content that encourages any illegal activities, or provides guidance or instructional activities about such illegal activities;
• make any false representation, including impersonation of any person or entity or misrepresentation of your affiliation with any person or entity or the provision of misinformation; or
• make use of any User Content for commercial purposes, such as advertising any products or services, reselling or publishing the information posted or transmitted.

When submitting ANY User Content in ANY form to the Site, whether it be via message services, events, news, or comments, you are solely responsible for the content of any comments you make. You agree that no comments submitted by you to the Site will:

• violate any right of any individual, group, community or business, including but not limited to copyright, trademark, privacy, or other personal or proprietary rights;
• be libelous or contain libelous or other otherwise unlawful, slanderous abusive, or obscene material, or constitute the misappropriation of trade secrets of any third party;
• disparage the products or services of any third party; or
• contain any personal information (other than your user name).

We do not pre-screen, monitor or edit the User Content posted or submitted to the Site. However, we reserve the right to edit, limit or remove any such User Content in its sole discretion. Notwithstanding, you shall remain solely responsible for any User Content you submit or post.

When participating in any publicly posted User Content on the Site, you may be exposed to User Content that is inaccurate, incomplete or unsuitable. The nature of the Site is to allow opinions and ideas, without infringing on others rights. Please notify us (with the contact information posted at the bottom of this document) of any illegal or inappropriate User Content, and we will take appropriate action. We will ensure that any offending comments are removed, and take appropriate action against the offender. We will not be responsible for the User Content or accuracy of any information, and shall not be responsible for any acts taken or decisions made based on such information.

We may establish procedures and practices relating to the use of and participation in the Site. Such procedures and practices may include limitations on the number of entries and the size of files that may be submitted, limitations on the number and type of User Content submitted at any given time and the number of days content will be saved before deletion. We will not be responsible for any User Content deleted by us or otherwise, or for your inability to submit any User Content.

6. Accepting the Terms of Use and Additional Terms

By accessing and using the Site in any manner, you acknowledge that you have read these Terms of Use and all of the terms and conditions contained herein. Before continuing to use the Site, please read these Terms of Use and contact us if you have any questions.

We reserve the right to amend, modify and supplement these Terms of Use from time to time as we see fit with additional terms and conditions that govern certain information, content, products and services made available to you via the Site ("Additional Terms"). By accessing and using the Site, you accept and agree to comply with and be bound by such Additional Terms. Please review these Terms of Use from time to time to ensure that you are aware of and understand any Additional Terms.

The Additional Terms, the Privacy Statement and the Copyright Statement (located on the Site) are hereby incorporated by reference into these Terms of Use and form part of the legally binding agreement between you and us. To the extent that there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms shall govern. These Terms of Use will remain in full force and effect as long as you are a user of the Site and, in the event of termination of any product, service or feature, you will still be bound by your obligations under these Terms of Use, the Privacy Statement, the Copyright Statement and any Additional Terms.

7. Click-Through Agreements

Before you use certain areas of the Site, you may be asked to indicate your acceptance of certain special terms and conditions by clicking on a button marked "OK" or "I agree". Any special terms and conditions to which you agree will supplement and amend these Terms of Use.

8. Links to Third-Party Sites

Use of certain links on the Site will direct you away from the Site to third party websites. Such third party websites are not under our control, and we are not responsible for the contents of any such website or any link contained in such website. The third party links included on the Site are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by us of any such website or the products or services offered therein.

9. Privacy and Personal Information

We may use your email address to verify your identity, protect against fraud, and contact you. In addition, we may use it to send you updates about your user account, new products and services, and Site updates. Your personal information will not be released to any third party. The list of Site members will not be bought, sold, loaned, re-appropriated, re-used, given or provided outside of us for any reason. Any information you may receive from a third party via the Site will be facilitated and sent through us, not through the third party.

Personal information submitted by users to the Site may be employed for the purposes of maintaining the integrity of the Site and its contents, contacting our users when necessary, and improving the quality of service provided by the Site. Our servers also collect information specific to how you use the Internet. Our servers note details such as the server you are logged onto and your IP address. This information is obtained solely for the purpose of maintaining the Site's integrity and improving our service. We may ask you for more personal information from time to time in a survey format. This information is specifically used to ensure that the Site is up-to-date and relevant, and that the products and services provided to you in advertising format are relevant and of interest to you. Any information used as demographics will not reveal the source, and will be kept secure. This further information provided by you is on an optional basis.

We will employ a data measurement service for tracking the performance of an ad on behalf of the advertiser. The information collected will not contain personal elements, and will only be shared with that particular advertiser.

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Site(s); or to protect our company and our Members. While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally obtaining this information.

For more information about our treatment and protection of personal information, please read our privacy policy at https://trainerlist.ca/privacy-policy. This policy explains how we treat your personal information, and protects your privacy, when you use the Site.

Questions or requests with respect to your personal information may be sent via email to kursadkanik@trainerlist.ca.

10. Ownership of Intellectual Property Rights

The Site together with all trade-marks and other intellectual property displayed, distributed, or otherwise made available via the Site, is the exclusive property of us, and our successors, assigns, licensors, and/or suppliers. Unless you have agreed otherwise in writing with us, nothing in these Terms of Use gives you a right to use any of the Contents, our trade-marks or other intellectual property of us. You may not assign or transfer any of the Contents and you may not grant a license to use or access the Site to any party.

You may use the Site and the Contents solely for your non-commercial and limited personal use and for no other purposes.

No information or statement contained in these Terms of Use or the Site shall be construed as conferring, directly or by implication, estoppel or otherwise, any license or right under any patent, copyright, trade-mark, or other intellectual property right of us or any third party. You must not alter, delete, or conceal any copyright or other notices contained on the Site, including notices on any of the Contents that you are permitted to download, transmit, display, print, or reproduce from the Site.

You may not allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Contents without the express prior written consent of us or its owner if we are not the owner.

Any unauthorized or prohibited use of any Contents may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial, state and local laws.

You may not create a link to the Site without our prior permission. We may, however, if requested, grant a limited, nonexclusive right to create a link to the Site provided that such link is to the entry page of the Site and does not portray us or any of our activities or services in a false, misleading, derogatory, or otherwise negative manner.

The limited rights granted to you under these Terms of Use may be revoked by us at any time for any reason whatsoever.

Links to third party websites on the Site are provided solely as a convenience to you. If you use these links, you will leave the Site. We do not control and are not responsible for any of such third party websites, their content or their policies, including, without limitation, privacy policies or lack thereof. We do not endorse or make any representations about such third party websites or any information, software, products and services located there, or any results that may be obtained from using such software, products and services. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party websites.

11. Intellectual Property Infringement

We take intellectual property rights, both our own and others', very seriously.

If you are an owner of intellectual property (or the owner's authorized agent) and believe that any of the Contents or the Site infringes your intellectual property, please notify us using the following procedure:

Please send a written notice of intellectual property infringement to:

In your written notice, please provide the following information:

• Identification of the intellectual property claimed to have been infringed;
• Identification of the Contents that you claim are infringing your intellectual property;
• Information sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
• A statement that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or applicable law;
• A statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner's behalf; and
• An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property.

12. Disclaimers and Limitation of Liability

You understand and agree that your use of the Site is at your sole risk and that the Site and all Contents are provided on an "as is" and "as available" basis. We do not warrant that the Site will be available at all times or that the use of the Site will be uninterrupted or error-free or that defects in the Site will be corrected.

We will not be responsible or liable to you or to any third party for any modification, suspension or discontinuance of the Site or any Contents.

To the extent permitted by applicable law, we do not warrant or make any representations regarding the accuracy or completeness of any Contents or information, data, products or services displayed on, distributed through or linked, downloaded or accessed from the Site.

To the extent permitted by applicable law, we specifically disclaim all warranties and conditions of any kind, whether express, implied or statutory, including, but not limited to, any implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, title, non-infringement of third party rights, compatibility, security and accuracy.

Without limiting the generality of the foregoing, we do not represent or warrant that the Site or any Contents will meet your requirements, or that your use of or access to the Site will be uninterrupted, timely, secure or error-free or that defects will be corrected.

To the maximum extent permitted by applicable law, we will not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use or inability to use the Site or any Contents, even if we have been advised of the possibility of such damages.

You agree to indemnify and hold us and our directors, officers, employees, agents and suppliers harmless from and against any and all claims, demands, actions, suits, proceedings, losses, damages, costs and expenses (including reasonable legal fees and costs) arising out of or in connection with (a) your use of the Site; (b) any use of any Contents by you; (c) any breach by you of these Terms of Use; or (d) your violation of any law or the rights of any third party.

13. General

These Terms of Use are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflicts of law principles. You agree to submit to the exclusive jurisdiction of the courts located in Toronto, Ontario with respect to any dispute arising out of or in connection with these Terms of Use or your use of the Site.

If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

These Terms of Use constitute the entire agreement between you and us with respect to your use of the Site and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and us.

Our failure to enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

The section headings in these Terms of Use are for convenience only and have no legal or contractual effect.

Contact Information:

If you have any questions or concerns about these Terms of Use, please contact us at:

Email: kursadkanik@trainerlist.ca