Last Updated: April12, 2016
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH TRAINERS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR APPOINTMENTS (DEFINED BELOW) AND CLIENT ATHLETES (DEFINED BELOW) MAY LEARN ABOUT AND BOOK APPOINTMENTS. YOU UNDERSTAND AND AGREE THAT QPERSONALTRAINERIS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN TRAINERS AND CLIENT ATHLETES, NOR IS QPERSONALTRAINER A HEALTHCARE PROVIDER, AGENT OR INSURER. QPERSONALTRAINER HAS NO CONTROL OVER THE CONDUCT OF TRAINERS, CLIENT ATHLETES AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY APPOINTMENTS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
"QPersonalTrainer Content" means all Content that QPersonalTrainer makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
"Collective Content" means Member Content and QPersonalTrainer Content.
"Content" means text, graphics, images, music, software, audio, video, information or other materials.
"Client athlete" means a Member who requests a booking of an Appointment via the Site or Services
"Trainer" means a Member who creates a web-portal / profile page via the Site."Listing" means an Appointment that is listed by a Trainer as available for schedule via the Site.
"Member" means a person who completes QPersonalTrainer account registration process, including, but not limited to Trainers and Client athletes, as described under "Account Registration" below.
"Member Content" means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST,PST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
QPersonalTrainer reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
How the Site and Services Work
QPersonalTrainermakes available a platform or marketplace with related technology for Client athletes and Trainers to meet online and arrange for bookings of Appointments. QPersonalTrainer's responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) serving as the limited agent of each Trainer for the purpose of accepting Client athletes.
PLEASE NOTE THAT QPERSONALTRAINER CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS OR MEMBERS’ WEB PORTAL AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY APPOINTMENTS. QPERSONALTRAINER IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND APPOINTMENTS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE CLIENT ATHLETE'S OWN RISK.
In order to access certain features of the Site and Application, you must register to create an account ("QPersonalTrainer Account") and become a Member. You may register to join the Services directly via the Site.
We will create your QPersonalTrainer Account and your QPersonalTrainer Account web-portal / profile page for your use of the Site and Application based upon the personal information you provide to us. You may not have more than one (1) active QPersonalTrainer Account. You agree to provide accurate and complete information during the registration process and to update such information to keep it accurate and complete. QPersonalTrainer reserves the right to suspend or terminate your QPersonalTrainer Account and your access to the Site, Application and Services if you create more than one (1) QPersonalTrainer Account or if any information provided during the registration process or thereafter proves to be inaccurate or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your QPersonalTrainer Account, whether or not you have authorized such activities or actions. You will immediately notify QPersonalTrainer of any unauthorized use of your QPersonalTrainer Account.
APPOINTMENT AND TESTIMONIAL LISTINGS
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Client athlete attendance, an Appointment in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Appointment included in a Listing you post, including, (a) not conflict with the rights of third parties. Please note that QPersonalTrainer assumes no responsibility for a Trainer's compliance with any applicable laws, rules and regulations. QPersonalTrainer reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that QPersonalTrainer, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
You understand and agree that QPersonalTrainer does not act as an insurer or as a contracting agent for you as a Trainer.
As a Trainer, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Appointment at your request or invitation, excluding the Client athlete (and the individuals the Client athlete invites to the Appointment, if applicable.)
QPersonalTrainer recommends that Trainers obtain appropriate insurance for their Appointments. Please review any insurance policy that you may have for your Appointment carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Client athletes (and the individuals the Client athlete invites to the Appointment, if applicable) while at your Appointment.
QPersonalTrainer does not endorse any Members or any Appointments. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member's purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site and Services.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from QPersonalTrainer with respect to such actions or omissions.
Third Party Service Provider
QPersonalTrainer uses Stripeas its third party service providers for payment services (e.g. card acceptance, merchant settlement, and related services). By making use of some or all of these payment services on QPersonalTrainer you agree to be bound by Stripe’s terms and conditions (available at https://stripe.com/connect/account-terms) and hereby consent and authorize us to delegate the authorizations and share the information you provide to us with our Third Party Service Provider(s) to the extent required to provide the Payment Services to you. Stripe may also be contacted directly for payments support at https://support.stripe.com/
Bookings and Financial Terms for Client athletes
The Trainers, not QPersonalTrainer, are solely responsible for honoring any confirmed bookings and making available any Appointments reserved through the Site and Services. If you, as a Client athlete, choose to enter into a transaction with a Trainer for the booking of an Appointment, you agree and understand that you will be required to enter into an agreement with the Trainer and you agree to accept any terms, conditions, rules and restrictions associated with such Appointment imposed by the Trainer. You acknowledge and agree that you, and not QPersonalTrainer, will be responsible for performing the obligations of any such agreements, that QPersonalTraineris not a party to such agreements, and that, QPersonalTrainer disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that QPersonalTrainer is not a party to the agreement between you and the Trainer.
GENERAL BOOKING AND FINANCIAL TERMS
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of our Site, Application and Services, you may not and you agree that you will not:
violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Services or Content;
use the Site, Application or Services for any commercial or other purposes that are not expressly permitted by these Terms;
copy, store or otherwise access any information contained on the Site Services or Content for purposes not expressly permitted by these Terms;
infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
use our Site or Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
advocate, encourage, or assist any third party in doing any of the foregoing.
QPersonalTrainer will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. QPersonalTrainer may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that QPersonalTrainerhas no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. QPersonalTrainer reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that QPersonalTrainer, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States, Canada and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights is the exclusive property of QPersonalTrainer and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.
When and only when you have been granted permission to use QPersonalTrainer as your business name will you, as an advanced member, be able to do so. It will require a distinct business name, such as QPersonalTrainer London or QPersonalTrainer 2 (city name or a digit added for example). This will allow you to represent yourself distinctly allowing you to use our logo, website and content yet you will be running your own business and are entirely responsible for it. There will be an additional monthly fee added to the standard membership fee.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to QPersonalTrainer a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site, Application and Services. QPersonalTrainerdoes not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to QPersonalTrainer the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or QPersonalTrainer's use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that QPersonalTrainer is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by QPersonalTrainer of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
PROPRIETARY RIGHTS NOTICES
All trademarks, service marks, logos, trade names and any other proprietary designations of QPersonalTrainer used herein are trademarks or registered trademarks of QPersonalTrainer. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ("Feedback"). You may submit Feedback by emailing us at admin@QPersonalTrainer.com You acknowledge and agree that all Feedback will be the sole and exclusive property of QPersonalTrainer and you hereby irrevocably assign to QPersonalTrainer and agree to irrevocably assign to QPersonalTrainer all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At QPersonalTrainer's request and expense, you will execute documents and take such further acts as QPersonalTrainer may reasonably request to assist QPersonalTrainer to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
QPersonalTrainer respects copyright law and expects its users to do the same. It is QPersonalTrainer's policy to terminate in appropriate circumstances the QPersonalTrainer Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
TERMINATION AND QPERSONALTRAINER ACCOUNT CANCELLATION
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, Application and Services, and (b) deactivate or cancel your QPersonalTrainer Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event QPersonalTrainerterminates these Terms, or your access to our Site, Application and Services or deactivates or cancels your QPersonalTrainer Account you will remain liable for all amounts due hereunder. You may cancel your QPersonalTrainer Account at any time via the "Cancel Account" feature of the Services or by sending an email to admin@QPersonalTrainer.com. Please note that if your QPersonalTrainer Account is cancelled, we do not have an obligation to delete or return to you any content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SITE AND SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT QPERSONALTRAINER DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, CLIENT ATHLETES AND TRAINERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, QPERSONALTRAINER EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. QPERSONALTRAINER MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY APPOINTMENTS, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. QPERSONALTRAINER MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, APPOINTMENTS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM QPERSONALTRAINER OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY TRAINERS OR CLIENT ATHLETES. YOU UNDERSTAND THAT QPERSONALTRAINER DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY APPOINTMENTS. QPERSONALTRAINER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY SCHEDULE OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, CLIENT ATHLETES AND TRAINERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY QPERSONALTRAINER.
INFORMATION PROVIDED IN STARTERS’ BOOK
The information provided in the trainer’s starters’ book is based on experience and can be used only as advice. There is no guarantee of any sort even if applied completely.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY APPOINTMENTS VIA THE SITE AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF QPERSONALTRAINER WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER QPERSONALTRAINER NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES, COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY APPOINTMENT VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT QPERSONALTRAINER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to release, defend, indemnify, and hold QPersonalTrainer and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Appointment, (iii) creation of a Listing or (iv) the use, condition or scheduling of an Appointment by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a scheduling, booking or use of a Appointment.
If you engage in an appointment with or train with anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to QPersonalTrainer by contacting us with your police report number at admin@QPersonalTrainer.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
These Terms constitute the entire and exclusive understanding and agreement between QPersonalTrainer and you regarding the Site, Services, Collective Content, and any bookings or Listings of Appointments made via the Site and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between QPersonalTrainer and you regarding bookings or listings of Appointments, the Site, Application, Services and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without QPersonalTrainer's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. QPersonalTrainermay assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by QPersonalTrainer (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
CONTROLLING LAW AND JURISDICTION
These Terms will be interpreted in accordance with the laws of Canada, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction in a court located in Montreal, Quebec, Canada, for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
You and QPersonalTrainer agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, "Disputes") will be settled by binding arbitration , except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and QPersonalTrainer are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and QPersonalTrainer otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.Again, These Terms will be interpreted in accordance with the laws of Canada, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction in a court located in Montreal, Quebec, Canada, for any actions.If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
Notwithstanding the provisions of the "Modification" section above, if QPersonalTrainerchanges this "Dispute" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to email@example.com) within 30 days of the date such change became effective, as indicated in the "Last Updated Date" above or in the date of QPersonalTrainer's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and QPersonalTrainer in accordance with the provisions of this "Dispute" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
The failure of QPersonalTrainer to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of QPersonalTrainer. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms, please contact QPersonalTrainer at admin@QPersonalTrainer.com.