Terms & Conditions
By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site.
FitLabs. may revise and update these Terms and Conditions at any time. Your continued usage of the FitLabs website will mean you accept those changes.
The Site Does Not Provide Medical Advice
The contents of the FitLabs Site, such as text, graphics, images, information obtained from FitLabs' licensors, and other material contained on the FitLabs Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the FitLabs Site.
If you think you may have a medical emergency, call your doctor or 911 immediately. FitLabs does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by FitLabs, FitLabs employees, others appearing on the Site at the invitation of FitLabs, or other visitors to the Site is solely at your own risk.
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
Use of Content
FitLabs authorizes you to view or download a single copy of the material on the FitLabs Site solely for your personal, noncommercial use if you include the following copyright notice: "©2018, FitLabs. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the FitLabs Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.
The Content is protected by copyright under both Canada and foreign laws. Title to the Content remains with FitLabs or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of FitLabs. All rights not expressly granted herein are reserved to FitLabs and its licensors. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Liability of FitLabs and Its Licensors
The use of the FitLabs Site and the Content is at your own risk.
When using the FitLabs Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of FitLabs and its suppliers. Accordingly, FitLabs assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the FitLabs Site.
The FitLabs Site and the content are provided on an "as is" basis. FITLABS, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, FitLabs, its licensors, and its suppliers make no representations or warranties about the following:
- The accuracy, reliability, completeness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the FitLabs Site or FitLabs.
- The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the FitLabs Site.
In no event shall FitLabs, its licensors, its suppliers, or any third parties mentioned on the FitLabs Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the FitLabs Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not FitLabs, its licensors, its suppliers, or any third parties mentioned on the FitLabs Site are advised of the possibility of such damages. FitLabs, its licensors, its suppliers, or any third parties mentioned on the FitLabs Site shall be liable only to the extent of actual damages incurred by you, not to exceed CDN $1000. FitLabs, its licensors, its suppliers, or any third parties mentioned on the FitLabs Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
FitLabs or its licensors have no liability or responsibility to users of the FitLabs Site or any other person or entity for performance or nonperformance of the aforementioned activities.
Advertisements, Searches, and Links to Other Sites
FitLabs may provide links to third-party web sites. FitLabs also may select certain sites as priority responses to search terms you enter and FitLabs may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. FitLabs does not recommend and does not endorse the content on any third-party websites. FitLabs is not responsible for the content of linked third-party sites, sites framed within the FitLabs Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. FitLabs does not endorse any product, service, or treatment advertised on the FitLabs Site.
You agree to defend, indemnify, and hold FitLabs, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
FitLabs is based in Brampton, Ontario, Canada. FitLabs makes no claims that FitLabs Content are appropriate or may be downloaded outside of Canada. Access to the Content may not be legal by certain persons or in certain countries. If you access FitLabs from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions – image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.
You expressly agree that exclusive jurisdiction for any dispute with FitLabs, or in any way relating to your use of the FitLabs Site, resides in the courts of the Province of Ontario and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Province of Ontario in connection with any such dispute including any claim involving FitLabs or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the Province of Ontario, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Notice and Takedown Procedures; and Copyright Agent
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting FitLabs's copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
FitLabs's agent for copyright issues relating to this web site is as follows:
FitLabs, Attn: Office of Privacy, FitLabs Inc. 194 Wildcat Road - Toronto, Ontario M3J 2N5
In an effort to protect the rights of copyright owners, FitLabs maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
Thank you for your cooperation. We hope you find the FitLabs.com Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form or via mail to: FitLabs, Office of Privacy, FitLabs Inc. 194 Wildcat Road - Toronto, Ontario M3J 2N5
We try to answer every email in a timely manner but due to volume may not always be able to do so.
Last Updated: April 18, 2018