Last Modified: October 8, 2020
Olivia Ostrom Fitness Inc. ("we", "us" or "our") is a corporation formed pursuant to the Business Corporations Act, RSA 2000, c B-9 in Alberta, Canada. In consideration for permitting your access to our website and online store (collectively the “Website”) and other good and valuable consideration, you agree as follows:
These terms and conditions of use (the "Terms") form a legally binding agreement which govern your access to and use of our Website hosted at https://www.oliviaostrom.com and other domains and sub-domains. These Terms also govern the purchase of products from our Website and our online stores, including for example our online store at https://www.oliviaostrom.com/shop and as otherwise linked to from our Website or marketing materials.
By using our Website and by purchasing products or services from us, you, the user ("you" or "your"), represent and warrant that (a) you are 18 years old, or older; 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 Olivia Ostrom Fitness Inc.
Olivia Ostrom Fitness Inc. sells digital products such as e-books, workout routines and other products. We also offer one-on-one and group coaching sessions. While you can purchase products from us on our Website, coaching sessions are booked separately, and will be subject to the terms of our Coaching Agreement, which is incorporated by reference and available online at https://www.oliviaostrom.com/coaching-terms. If you become a coaching client, you agree to the terms of our Coaching Agreement.
Digital Product License
We sell licenses to digital goods on our Website, primarily in the form of portable document format (i.e. pdf) e-books and online courses (“Digital Goods”). When you purchase Digital Goods for download or to be accessed via 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, access to a course 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.
Where prices are listed on the Website for our e-books, other products or services, they are subject to change without notice. Such prices 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 our Website, you agree that we will have the opportunity to review and accept such orders. All orders are also subject to availability. 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. We further reserve the right to remove any product from the Website and reject, correct, cancel or terminate any order, including accepted orders for any reason.
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.
Unfortunately, given the digital nature of our products and services, we do not permit the return or exchange of products sold or licensed to you. All sales are final.
We use third-party payment processors to process payments from you. Our third-party payment processors include Shopify Pay, PayPal and others. You agree that we may charge your payment method when you submit orders on our Website, or otherwise in connection with coaching sessions you may book with us. Although we may display their forms on our Website, when you provide your payment details, you are providing them to the applicable payment processor. While we may have access to bill and view portions of your payment information via the third-party payment processor, we do not store your full credit card information ourselves.
ACCEPTANCE OF RISK AND DISCLAIMERS
NONE OF THE INFORMATION PROVIDED ON OUR WEBSITE OR AS PART OF OUR PRODUCTS OR SERVICES, INCLUDING OUR E-BOOKS AND COACHING SESSIONS, ARE PROVIDED AS, NOR ARE THEY INTENDED TO BE, PROFESSIONAL NUTRITION OR MEDICAL ADVICE.
UNLESS EXPRESSLY STATED OTHERWISE, ANY COACH OR INDIVIDUAL DISPLAYED ON OUR WEBSITE, SOCIAL MEDIA ACCOUNTS OR WHICH PROVIDES COACHING SERVICES IS NOT A DOCTOR, REGISTERED DIETICIAN, PHYSIOTHERAPIST, CHIROPRACTOR OR OTHER REGULATED PROFESSIONAL.
PRIOR TO IMPLEMENTING OUR WORKOUT ROUTINES OR RELYING ON ANY INFORMATION FROM US, YOU SHOULD SEEK PROFESSIONAL ADVICE (WHETHER MEDICAL, NUTRITIONAL, CHIROPRACTIC, PHYSIO OR OTHER ADVICE, AS APPLICABLE) TO ENSURE ANY WORKOUT ROUTINES, FOOD, VITAMINS OR OTHER SUBSTANCES ARE SUITABLE FOR YOU, TAKING INTO CONSIDERATION ANY MEDICAL CONDITIONS, INJURIES OR FOOD ALLERGIES YOU MAY HAVE.
WITHOUT LIMITING ANY OTHER SECTION OF THESE TERMS, YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU SUFFER ARISING FROM THE ACTS OR OMISSIONS, INCLUDING THE NEGLIGENT ACTS OR OMISSIONS, OF OTHER USERS OF THE WEBSITE, OUR INDEPENDENT CONTRACTORS, THIRD PARTY COACHES, OLIVIA OSTROM, PAYMENT PROCESSORS OR THIRD-PARTY SERVICE PROVIDERS.
EVERYTHING ON OUR WEBSITE, INCLUDING ALL PRODUCTS AVAILABLE FOR ORDER AND ALL INFORMATION, IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, 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 OFFICERS, DIRECTORS, SHAREHOLDERS, COACHES (INCLUDING OLIVIA OSTROM), CONTRACTORS OR EMPLOYEES, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BY NEGLIGENCE OR OTHERWISE, 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 OUR WEBSITE, PRODUCTS OR SERVICES, OR DO NOT AGREE WITH ANY PART OF THESE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, OUR OFFICERS, DIRECTORS, SHAREHOLDERS, COACHES, CONTRACTORS OR EMPLOYEES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING OUR WEBSITE, PRODUCTS AND SERVICES.
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 THIS AGREEMENT OR YOUR USE OF OUR PRODUCTS OR SERVICES, BE MORE THAN USD $50.00.
YOU AGREE AND ACKNOWLEDGE THAT WE WOULD NOT ENTER INTO THIS AGREEMENT OR GRANT ACCESS TO OUR PRODUCTS OR SERVICES WITHOUT THESE RESTRICTIONS AND LIMITATIONS ON OUR LIABILITY.
INDEMNIFICATION AND HOLD HARMLESS
Acceptable Use of Our Website
In using our Website, you agree, and you represent and warrant to us and all other users of our Website, that you:
1. Will not use the Website or our products in a way that has any unlawful or fraudulent purpose or effect;
2. Will not upload, copy, distribute, share or otherwise use or generate data or content that is unlawful, obscene, defamatory, libelous, harmful, hateful, harassing, bullying, sexual in nature, threatening, racially or ethnically offensive or abusive, that would violate a third party’s rights (including their intellectual property rights), constitute or encourage a criminal offense or give rise to civil liability or damages;
3. Will not upload, transmit, disseminate, post, share, store, use any content, data or information or do anything that infringes on, or contributes to any infringement of, any intellectual property rights; including copyright, trademark, patent or trade secret rights, whether of ours or any third party;
4. Will not use any software bot or data scraping techniques that accesses the Website to scrape or pull data for any purpose, whether such data was displayed publicly or not.
5. Will not circumvent, disable, violate or otherwise interfere with any security related feature of the Website.
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. You are not permitted to copy or distribute any content (including but not limited to text, software code, images, trademarks, videos and audio) on the Website, or within our products, without the express consent of the owner. Without limiting the forgoing, you are not permitted to use any trademark or trade name of Olivia Ostrom Fitness Inc., including our logo without our express permission.
Our Website may permit you and other users the ability to upload and post content, including product reviews ("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.
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 email@example.com. While we take no responsibility for any user 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.
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 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 Alberta, 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 Alberta, 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.
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.
Where a provision in these Terms is found to be unlawful, void or for any reason unenforceable, a lawful or enforceable term which best reflects the intention of the provision, as originally drafted, shall substitute.
No Interpretation 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
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 Olivia Ostrom Fitness Inc., or otherwise.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
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.
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.
Any new features that augment or enhance the Website, including the release of new versions, new products or services, tools and resources, shall be subject to these Terms.