Web site Terms of Use
Welcome to the Fit Riders Inc, and affiliates ("Fit Riders Inc., we, us, or our") website(s) (“Site” (as defined below)), or mobile or handheld device application (“Mobile App(s)” (as defined below)). The Terms of Use (“Policy”) is an agreement between Fit Riders Inc. and the user ("you, your, or user "), and sets forth the legal terms and conditions governing your use of this Site or Fit Riders Mobile App and purchase/or use of our goods, or services.
Your use of the Site, or Mobile App, and all information, data, text, software, information, images, sounds or other materials contained therein confirms your unconditional assent to be bound by this Policy and is subject to your continued compliance with the terms and conditions of this Policy.
Furthermore, you agree to indemnify, and hold harmless, Fit Riders from any claims, damages, losses, liabilities, costs, and expenses, including attorneys' fees, resulting from your use or misuse of the Site or Fit Riders Mobile App in violation of this Policy. If you do not agree to be bound by the terms and conditions of this Policy, do not access or otherwise use the Site, or Mobile App.
Definitions
“Site” means any and all Fit Riders developed websites.
“Mobile App(s)” means the software provided by Fit Riders Inc. to offer services related to the sales and marketing of Fit Riders services, or Fit Riders partners’ services, to be used on Apple iOS and Android OS devices and any upgrades from time to time and any other software or documentation which enables the use of the mobile or handheld device application.
Applicable Laws
The laws of Canada and United States apply, and any claim relating to, and the use of, the Site, or Mobile App are governed by the laws of Canada and United States, without giving effect to any principles of conflicts of laws.
Severability, Enforcement
If any provision of this, or our Mobile App or Privacy Policy (collectively referred to as “Policies”), is held by a tribunal of competent jurisdiction to be illegal, invalid, or otherwise unenforceable in any jurisdiction, then to the fullest extent permitted by law (i) the same shall not affect the other provisions of our Policies, (ii) such provision shall be deemed modified to the extent necessary in the tribunal’s opinion to render such provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest extent the intent of the parties as set forth herein, and (iii) such finding of invalidity, illegality, or unenforceability shall not affect the validity, legality, or enforceability of such provision in any other jurisdiction. Notwithstanding the foregoing, the disclaimers of warranties and the limitations of liability described herein are considered by the parties to be integral to this Policy and shall not be modified or severed.
Lawful Purposes Only
This Site and Mobile App may only be used for lawful purposes and may not be used in any way to harm another person. You may not use the Site, or Mobile App in violation of Fit Riders Policies and Procedures.
Website Content
All Site or Mobile App content is the property of Fit Riders and protected under applicable copyright, or trademark laws. You may not, without our prior written permission, use marks, images, copies, illustrations, designs, photographs, video clips, or frame or mirror any material contained on this Site or Web App on any other server. The unauthorized use of any such material on any other website or computer environment is expressly prohibited.
Marketing Communication
Email newsletters and user web statistics is also collected with ClickFunnels
Third-Party Vendors
Membership and Marketing
Fit Riders uses a third party vendor in the United States called ClickFunnels LLC. to process the membership payment by passing the payment information through to Stripe. ClickFunnels collects your name, address, email, phone number,IP address and demographic region. Fit Riders does not have access to view your Credit Card information.
All email and text marketing communication is done through ClickFunnels LLC.
Stripe as Payment Gateway
Fit Riders uses Stripe Inc., as it’s payment gateway for processing and collecting your personal financial information as name, email, billing address and credit card information for its initial membership and re-occurring payments. Fit Riders does not store or have access to view your credit card information stored with Stripe. Member information is safely stored with Stripes security policies and procedures. To view Stripe’s Terms click here, https://stripe.com/ca/privacy
Cancellation of Membership
When you shop with us we want you to be completely satisfied. As a member requesting cancellation of the Fit Riders membership, the member may cancel directly through Stripe’s gateway or email Fit Riders at cancellations@fitriders.com and we will cancel your account for you. No pro-rated refunds apply when cancellation of membership up to its next monthly billing cycle.
Termination
We reserve the right to determine your compliance with this Policy in our sole discretion and our decision shall be final and binding. Any violation of this Policy, Mobile App Terms of Use, Associate Policies and Procedures, or any other Fit Riders published policy may result in restrictions on your access to all or part of the Site, or Mobile App, and the termination of your status and may be referred to law enforcement authorities. Upon termination, you must promptly destroy any material downloaded or otherwise obtained from your Fit Rider Fitness Site or Mobile App.
Fit Riders Member Site and Mobile App
When you log in to the Fit Riders Fitness Member Site, we use a third party vendor, Total Coaching Inc. of Canada, and their Mobile App called ‘My Online Coach’. With Total Coaching we collect your name, email address, and at times your health assessment and goals, browser type, IP address, computer type, type of mobile device (if used), computer operating system, the site from which you navigated to the member portal, the time and date you logged in. To view Total Coaching’s terms of use click here, https://www.totalcoaching.com/public/terms-and-conditions.php
Your Account
When you make a purchase from the Site or Mobile App, you may create, or may have already created, an account as part of the process. You are responsible for maintaining the confidentiality of your password and restricting access to your password and account. You further agree to accept responsibility for all purchases and activities that occur under your account.
Acceptance of Purchase
Your purchase of a Fit Rider Program or product does not necessarily assure that we will accept your order. We reserve the right to refuse any order in our sole discretion. In addition, before accepting your order, we may require additional information if you have not provided all of the information required by us to complete your order.
Eligibility
You represent and warrant that you are the age of majority in your jurisdiction or older, or if you are under the age of majority, you are at least the age of sixteen (16) and are accessing the Site, or Mobile App with the knowledge and consent of your parent or legal guardian, who will also be deemed to have agreed to this Policy. Certain features on this Site, or Mobile App (including, but not limited to, user registration) and certain offerings may be subject to heightened age and/or other eligibility requirements.
Physical Statue
You declare that the provided information is complete, true and exact. You recognize that incomplete, inaccurate or untrue information will have a major impact within the provided fitness plan thus representing an important risk for your health. You release Fit Riders and TotalCoaching, its representatives, employees and agents of any responsibility concerning complaints or action causes, injuries, accidents or medical problems.
You state that you have an adequate physical condition and are physically able to undertake and follow the Fit Riders fitness program.
You state that you have consulted a doctor during the last six (6) months and did not receive any counter-indication relative to the continuation of physical activities. You commit to consulting a doctor before beginning the Fit Riders fitness program in order to ensure that your health and your physical condition allow you to take part in such training. You release Fit Riders and TotalCoaching, its representatives, employees and agents, of any responsibility concerning complaints or action causes, injuries, accidents or medical problems.
You recognize that the physical fitness program which will be provided to you involves certain risks associated with your participation in the exercises implicated with physical conditioning and training. You agree to take part in it at your own risks and I release Fit Riders and TotalCoaching, its representatives, employees and agents of any responsibility concerning complaints or actions causes, injuries, accidents which could occur and resulting from my participation in the physical fitness program.
Weight-Loss DisclaimerOur member testimonials weight loss should not be considered typical. Weight loss can be a result of the physical exercise in Fit Riders fitness programs. Fit Riders does not claim any weight loss results through their fitness programs alone.
Privacy
Your use of our Site, or Mobile App is subject to the terms of our Privacy Policy. You acknowledge that you have read and understand the Privacy Policy, and consent to the use of personal information you provide in accordance with the terms of, and purposes set forth in our Privacy Policy.
Promotions
The Site or Mobile App may contain information and advertisements about contests, or other promotions that require you to provide material or information about yourself. These contests, or promotions on the Site or Mobile App are governed by separate rules that have certain eligibility requirements, such as age or geographic area restrictions, terms and conditions governing the use of material you submit, and disclosures about how your personal information may be used. You are solely responsible to determine whether or not you want to and are eligible to participate. By entering any such contest or other promotion, you agree to abide by the rules identified therein, which shall be final and binding in all respects.
Shipping Terms and Policies
All shipping charges are your responsibility, unless waived by Fit Riders. Shipping charges will be included on your invoice and can be viewed prior to finalizing your order. The shipping charge shown during the checkout process is subject to verification. Shipping charges are subject to change without notice. Title to products passes from Fit Riders to you upon delivery.
Back Orders
If for some reason an item on your order is temporarily out of stock we will back order that item for you and ship the other merchandise immediately. Items on back order will be charged when the items are actually shipped, along with applicable taxes and shipping charges.
Disclaimer
Fit Riders cannot be liable for any damages of any kind related to your use of this Site, or Mobile App. All content is provided on an “as is” basis and your use of any Site or Mobile App is at your own risk. We expressly disclaim all warranties, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. We make no representation or warranty whatsoever regarding the completeness, accuracy, correctness, integrity, reliability, currency, adequacy, suitability, functionality, availability, or operation of this site or the content or services provided on, or accessible from, this Site or Mobile App.
Revisions and Modifications
Fit Riders may revise these Terms of Use at any time. By using the Site or Mobile App you agree to be bound by any such revisions. Accordingly, you should periodically review the Policy to determine the current Policy to which you are bound. Certain Terms of Use may be modified and superseded by expressly designated legal notices or terms located on particular pages on the Site or Mobile App.
Contact Us
If you have any concerns about the Site(s), Mobile App(s), or this Policy, please send us an e-mail or call us at the below number: We will make every reasonable effort to address your concerns and remedy any problems you bring to our attention.
MAIL
Fit Riders Inc. c/o Privacy Officer
3070 Penetanguishene Road
Springwater, Ontario
Canada,
L9X 1Z7
EMAIL
privacyofficer@fitriders.com
Revised December 1, 2018
Welcome to the Fit Riders Inc, and affiliates ("Fit Riders Inc., we, us, or our") website(s) (“Site” (as defined below)), or mobile or handheld device application (“Mobile App(s)” (as defined below)). The Terms of Use (“Policy”) is an agreement between Fit Riders Inc. and the user ("you, your, or user "), and sets forth the legal terms and conditions governing your use of this Site or Fit Riders Mobile App and purchase/or use of our goods, or services.
Your use of the Site, or Mobile App, and all information, data, text, software, information, images, sounds or other materials contained therein confirms your unconditional assent to be bound by this Policy and is subject to your continued compliance with the terms and conditions of this Policy.
Furthermore, you agree to indemnify, and hold harmless, Fit Riders from any claims, damages, losses, liabilities, costs, and expenses, including attorneys' fees, resulting from your use or misuse of the Site or Fit Riders Mobile App in violation of this Policy. If you do not agree to be bound by the terms and conditions of this Policy, do not access or otherwise use the Site, or Mobile App.
Definitions
“Site” means any and all Fit Riders developed websites.
“Mobile App(s)” means the software provided by Fit Riders Inc. to offer services related to the sales and marketing of Fit Riders services, or Fit Riders partners’ services, to be used on Apple iOS and Android OS devices and any upgrades from time to time and any other software or documentation which enables the use of the mobile or handheld device application.
Applicable Laws
The laws of Canada and United States apply, and any claim relating to, and the use of, the Site, or Mobile App are governed by the laws of Canada and United States, without giving effect to any principles of conflicts of laws.
Severability, Enforcement
If any provision of this, or our Mobile App or Privacy Policy (collectively referred to as “Policies”), is held by a tribunal of competent jurisdiction to be illegal, invalid, or otherwise unenforceable in any jurisdiction, then to the fullest extent permitted by law (i) the same shall not affect the other provisions of our Policies, (ii) such provision shall be deemed modified to the extent necessary in the tribunal’s opinion to render such provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest extent the intent of the parties as set forth herein, and (iii) such finding of invalidity, illegality, or unenforceability shall not affect the validity, legality, or enforceability of such provision in any other jurisdiction. Notwithstanding the foregoing, the disclaimers of warranties and the limitations of liability described herein are considered by the parties to be integral to this Policy and shall not be modified or severed.
Lawful Purposes Only
This Site and Mobile App may only be used for lawful purposes and may not be used in any way to harm another person. You may not use the Site, or Mobile App in violation of Fit Riders Policies and Procedures.
Website Content
All Site or Mobile App content is the property of Fit Riders and protected under applicable copyright, or trademark laws. You may not, without our prior written permission, use marks, images, copies, illustrations, designs, photographs, video clips, or frame or mirror any material contained on this Site or Web App on any other server. The unauthorized use of any such material on any other website or computer environment is expressly prohibited.
Marketing Communication
Email newsletters and user web statistics is also collected with ClickFunnels
Third-Party Vendors
Membership and Marketing
Fit Riders uses a third party vendor in the United States called ClickFunnels LLC. to process the membership payment by passing the payment information through to Stripe. ClickFunnels collects your name, address, email, phone number,IP address and demographic region. Fit Riders does not have access to view your Credit Card information.
All email and text marketing communication is done through ClickFunnels LLC.
Stripe as Payment Gateway
Fit Riders uses Stripe Inc., as it’s payment gateway for processing and collecting your personal financial information as name, email, billing address and credit card information for its initial membership and re-occurring payments. Fit Riders does not store or have access to view your credit card information stored with Stripe. Member information is safely stored with Stripes security policies and procedures. To view Stripe’s Terms click here, https://stripe.com/ca/privacy
Cancellation of Membership
When you shop with us we want you to be completely satisfied. As a member requesting cancellation of the Fit Riders membership, the member may cancel directly through Stripe’s gateway or email Fit Riders at cancellations@fitriders.com and we will cancel your account for you. No pro-rated refunds apply when cancellation of membership up to its next monthly billing cycle.
Termination
We reserve the right to determine your compliance with this Policy in our sole discretion and our decision shall be final and binding. Any violation of this Policy, Mobile App Terms of Use, Associate Policies and Procedures, or any other Fit Riders published policy may result in restrictions on your access to all or part of the Site, or Mobile App, and the termination of your status and may be referred to law enforcement authorities. Upon termination, you must promptly destroy any material downloaded or otherwise obtained from your Fit Rider Fitness Site or Mobile App.
Fit Riders Member Site and Mobile App
When you log in to the Fit Riders Fitness Member Site, we use a third party vendor, Total Coaching Inc. of Canada, and their Mobile App called ‘My Online Coach’. With Total Coaching we collect your name, email address, and at times your health assessment and goals, browser type, IP address, computer type, type of mobile device (if used), computer operating system, the site from which you navigated to the member portal, the time and date you logged in. To view Total Coaching’s terms of use click here, https://www.totalcoaching.com/public/terms-and-conditions.php
Your Account
When you make a purchase from the Site or Mobile App, you may create, or may have already created, an account as part of the process. You are responsible for maintaining the confidentiality of your password and restricting access to your password and account. You further agree to accept responsibility for all purchases and activities that occur under your account.
Acceptance of Purchase
Your purchase of a Fit Rider Program or product does not necessarily assure that we will accept your order. We reserve the right to refuse any order in our sole discretion. In addition, before accepting your order, we may require additional information if you have not provided all of the information required by us to complete your order.
Eligibility
You represent and warrant that you are the age of majority in your jurisdiction or older, or if you are under the age of majority, you are at least the age of sixteen (16) and are accessing the Site, or Mobile App with the knowledge and consent of your parent or legal guardian, who will also be deemed to have agreed to this Policy. Certain features on this Site, or Mobile App (including, but not limited to, user registration) and certain offerings may be subject to heightened age and/or other eligibility requirements.
Physical Statue
You declare that the provided information is complete, true and exact. You recognize that incomplete, inaccurate or untrue information will have a major impact within the provided fitness plan thus representing an important risk for your health. You release Fit Riders and TotalCoaching, its representatives, employees and agents of any responsibility concerning complaints or action causes, injuries, accidents or medical problems.
You state that you have an adequate physical condition and are physically able to undertake and follow the Fit Riders fitness program.
You state that you have consulted a doctor during the last six (6) months and did not receive any counter-indication relative to the continuation of physical activities. You commit to consulting a doctor before beginning the Fit Riders fitness program in order to ensure that your health and your physical condition allow you to take part in such training. You release Fit Riders and TotalCoaching, its representatives, employees and agents, of any responsibility concerning complaints or action causes, injuries, accidents or medical problems.
You recognize that the physical fitness program which will be provided to you involves certain risks associated with your participation in the exercises implicated with physical conditioning and training. You agree to take part in it at your own risks and I release Fit Riders and TotalCoaching, its representatives, employees and agents of any responsibility concerning complaints or actions causes, injuries, accidents which could occur and resulting from my participation in the physical fitness program.
Weight-Loss DisclaimerOur member testimonials weight loss should not be considered typical. Weight loss can be a result of the physical exercise in Fit Riders fitness programs. Fit Riders does not claim any weight loss results through their fitness programs alone.
Privacy
Your use of our Site, or Mobile App is subject to the terms of our Privacy Policy. You acknowledge that you have read and understand the Privacy Policy, and consent to the use of personal information you provide in accordance with the terms of, and purposes set forth in our Privacy Policy.
Promotions
The Site or Mobile App may contain information and advertisements about contests, or other promotions that require you to provide material or information about yourself. These contests, or promotions on the Site or Mobile App are governed by separate rules that have certain eligibility requirements, such as age or geographic area restrictions, terms and conditions governing the use of material you submit, and disclosures about how your personal information may be used. You are solely responsible to determine whether or not you want to and are eligible to participate. By entering any such contest or other promotion, you agree to abide by the rules identified therein, which shall be final and binding in all respects.
Shipping Terms and Policies
All shipping charges are your responsibility, unless waived by Fit Riders. Shipping charges will be included on your invoice and can be viewed prior to finalizing your order. The shipping charge shown during the checkout process is subject to verification. Shipping charges are subject to change without notice. Title to products passes from Fit Riders to you upon delivery.
Back Orders
If for some reason an item on your order is temporarily out of stock we will back order that item for you and ship the other merchandise immediately. Items on back order will be charged when the items are actually shipped, along with applicable taxes and shipping charges.
Disclaimer
Fit Riders cannot be liable for any damages of any kind related to your use of this Site, or Mobile App. All content is provided on an “as is” basis and your use of any Site or Mobile App is at your own risk. We expressly disclaim all warranties, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. We make no representation or warranty whatsoever regarding the completeness, accuracy, correctness, integrity, reliability, currency, adequacy, suitability, functionality, availability, or operation of this site or the content or services provided on, or accessible from, this Site or Mobile App.
Revisions and Modifications
Fit Riders may revise these Terms of Use at any time. By using the Site or Mobile App you agree to be bound by any such revisions. Accordingly, you should periodically review the Policy to determine the current Policy to which you are bound. Certain Terms of Use may be modified and superseded by expressly designated legal notices or terms located on particular pages on the Site or Mobile App.
Contact Us
If you have any concerns about the Site(s), Mobile App(s), or this Policy, please send us an e-mail or call us at the below number: We will make every reasonable effort to address your concerns and remedy any problems you bring to our attention.
Fit Riders Inc. c/o Privacy Officer
3070 Penetanguishene Road
Springwater, Ontario
Canada,
L9X 1Z7
privacyofficer@fitriders.com
Revised December 1, 2018