Disclaimer

By logging on and using the Fitness with PJ website, you hereby agree to accept these terms and conditions and further agree to indemnify and hold harmless Fitness with PJ, it’s officers, directors, shareholders and employees from any accidents, injuries, or direct or indirect damages of any kind which you may experience from your fitness activities or the use of fitneswithpj.com website.

Fitness with PJ has been developed to help our users track their health and fitness progress, reach their health and fitness goals and lead a healthy lifestyle. The authors of this web site are providing information for educational purposes only. The information provided within this website and from our services is not intended to be a diagnosis or prescription. Before beginning any diet or fitness program please consult a physician. Discontinue any exercise that causes you pain or severe discomfort and consult a medical expert. The authors of this web site, and all its content, cannot guarantee any exercise, health, weight loss or fitness results or improvements to the users of Fitness with PJ.

By signing up for the Fitness with PJ service ("Service"), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time by visiting this webpage. Fitness with PJ reserves the right to update and change the Terms of Service by posting updates and changes to the Fitness with PJ website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

Fitness with PJ is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Fitness with PJ provides may change from time to time without prior notice to you.

You acknowledge and agree that if Fitness with PJ disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you provide to Fitness with PJ will always be accurate, correct and up to date.

You agree to use the Services only for the purposes that are permitted by: (i) these Terms of Service, and (ii) any applicable law, regulation or generally accepted practices and guidelines in the relevant jurisdictions.

You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Fitness with PJ , unless you have been specifically allowed to do so in a separate agreement with Fitness with PJ . You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to Fitness with PJ for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Fitness with PJ immediately at info@fitnesswithpj.com.

You understand and agree that all information contained within the Services and all data and information compiled by Fitness with PJ associated with the Services (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services is considered content of DailyBurn. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this content (either in whole or in part) unless you have been specifically authorized to do so by Fitness with PJ in a separate agreement.

You agree that you are solely responsible for (and that Fitness with PJ has no responsibility to you or to any third party for) any content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Fitness with PJ may suffer) by doing so.

You acknowledge and agree that Fitness with PJ own all legal right, title and interest in and to the Fitness with PJ content and the Services, including any intellectual property rights which subsist in the content and the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

Unless you have agreed otherwise in writing with Fitness with PJ, nothing in these Terms of Service gives you the right to use any of Fitness with PJ's trade names, trademarks, service marks, logos, domain names, trade dress and other distinctive brand features.

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services.
Unless you have been expressly authorized to do so in writing by Fitness with PJ, you agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

Fitness with PJ gives you a personal, worldwide, non-assignable, royalty-free, and non-exclusive license to use the software provided to you by Fitness with PJ as part of the Services as provided to you by Fitness with PJ (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Fitness with PJ, in the manner permitted by these Terms of Service.

You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise try to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically authorized by Fitness with PJ in writing.

Unless Fitness with PJ has given you specific written permission to do so, you may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

The Services may include hyperlinks to other web sites or content or resources. Fitness with PJ may have no control over any web sites or resources which are provided by companies or persons other than Fitness with PJ. You acknowledge and agree that Fitness with PJ is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. You acknowledge and agree that Fitness with PJ is not liable for any loss, damage or injury which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on or available from such web sites or resources.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” IN PARTICULAR, FITNESS WITH PJ DOES NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICES WILL BE UNITERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (IV) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FITNESS WITH PJ OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
FITNESS WITH PJ FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENMT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FITNESS WITH PJ AND ITS LICENSORS SHALL NOT BE LAIBLE TO YOU FOR: (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT NE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (II) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF: (A) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES; (B) MAKE CHANGES WHICH FITNESS WITH PJ MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (C) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (D) YOUR FAILURE TO PROVIDE FITNESS WITH PJ WITH ACCURATE INFORMATION; AND (E) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content and information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by Fitness with PJ on the Services are subject to change without specific notice to you. In consideration for Fitness with PJ granting you access to and use of the Services, you agree that Fitness with PJ may place such advertising on the Services.

These Terms of Service, and your relationship with Fitness with PJ under these Terms of Service, shall be governed by the laws of the province of British Columbia without regard to its conflict of laws provisions. You and Fitness with PJ agree to submit to the exclusive jurisdiction of the courts located within the area of Vancouver, BC to resolve any legal matter arising from these terms of Service. Notwithstanding this, you agree that Fitness with PJ shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent relief) in any jurisdiction.

Account Details

• You must be 18 years or older to use this Service, unless approved by Fitness with PJ.
• You must provide a valid email address and any other information needed in order to complete the signup process.
• You are responsible for keeping your password secure. Fitness with PJ cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
• You may not use the service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the Canada and the United States.
• You are responsible for all activity and content (data, graphics, photos, links) that is uploaded or created under your Fitness with PJ account.
• A breach or violation of any of the Account Terms as determined in the sole discretion of Fitness with PJ will result in an immediate termination of your services.

General Conditions

• We reserve the right to modify or terminate the Service for any reason, without notice at any time.
• We reserve the right to refuse service to anyone for any reason at any time.
• Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
• Fitness with PJ. does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
• You expressly understand and agree that Fitness with PJ. shall not be liable 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 of or inability to use the service.
• Technical support is provided to all account holders and is only available via email.
• You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Fitness with PJ
• Verbal or written abuse of any kind (including threats of abuse or retribution) of any Fitness with PJ customer, Fitness with PJ employee, member, or officer will result in immediate account termination.
• The failure of Fitness with PJ to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Fitness with PJ and governs your use of the Service, superseding any prior agreements between you and Fitness with PJ. (including, but not limited to, any prior versions of the Terms of Service).
• By making your account information public, you agree to allow others to view your content.
• Fitness with PJ does not pre-screen Content and it is in their sole discretion to refuse or remove any Content that is available via the Service.

Medical Agreement
THE FITNESS, NUTRITION, AND RELATED INFORMATION AND RECOMMENDATIONS THE INFORMATION AND RECOMMENDATIONS PROVIDED BY FITNESS WITH PJ IS FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED AS A SUBSTITUTE FOR MEDICAL ADVICE FROM YOUR HEALTH CARE PROVIDER. FITNESS WITH PJ IS NOT A MEDICAL ORGANIZATION. WE ENCOURAGE AND ADVISE YOU TO SEEK PROFESSIONAL MEDICAL ADVICE BEFORE BEGINNING ANY FITNESS OR NUTRITOIN EFFORT OR PROGRAM. DO NOT START A DIET OR FITNESS ROUTINE WITH US IF YOUR HEALTH CARE PROVIDER ADVISES AGAINST IT. NEITHER OUR TRAINERS NOR OUR OTHER STAFF CAN PROVIDE YOU WITH MEDICAL ADVICE OR DIAGNOSIS. NOTHING THAT YOU MAY READ ON THIS SITE OR THAT IS OTHERWISE PROVIDED TO YOU BY OUR TRAINERS SHOULD BE CONSTRUED AS SUCH ADVICE OR DIAGNOSIS. SUCH INFORMATION IS NOT A SUBSTITUTE FOR PHYSICIAN CONSULTATION, EVALUATION, OR TREATMENT. THIS SITE IS INTENDED FOR USE ONLY BY HEALTHY ADULT INDIVIDUALS.

In becoming a member with the intent of using this Service, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or (B) your physician has specifically approved of your use of Fitness with PJ.

And if you are a woman, in becoming a Member with the intent of using the Sites you further affirm that either (A) you are not pregnant, breastfeeding or lactating or (B) your physician has specifically approved your use of Fitness with PJ.

Fitness with PJ reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions.

You are advised that health, diet and fitness advice is often subject to change due to medical research and developments. No assurance can be given that the Service will reflect the most recent findings or developments with respect to the particular material. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition.

Trainers
Fitness with PJ makes no representations or warranties as to the conduct of trainers or their compatibility with any current or future Members. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Site, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings between Trainers and Members of or any other persons you meet through this Site. You agree to take reasonable precautions in all interactions with Trainers and other Members, particularly if you decide to meet offline or in person.

Fitness with PJ's Online Fee Based Services
Some of the Services require you to pay a fee, as described in the specific conditions included where those Services are offered. You agree to pay all fees and charges that you incur. Unless otherwise noted, all currency references are in Canadian dollars. We may, upon notice if required by applicable laws, at any time change the amount of, or basis for determining, any fee or charge, or institute new fees or charges. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.

Arbitration
Fitness with PJ may elect to resolve any controversy or claim arising out of or relating to these Terms or our sites by binding arbitration. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Vancouver, Canada, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Vancouver, Canada, necessary to protect the rights or the property of you or Fitness with PJ or its agents, suppliers, and subcontractors), pending the completion of arbitration.

Miscellaneous
We may be required by provincial or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our sites or delivering them to you through e-mail. You may update your e-mail address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.

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

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our sites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

These Terms, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and Fitness with PJ and govern your use of our sites, superceding any prior agreements that you may have with us.

These Terms shall be construed in accordance with the laws of the Province of British Columbia, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in Vancouver, Canada if seeking interim or preliminary relief or enforcement of an arbitration award.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superceded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.