Relentless Workout owns and operates this Website.  This document governs your relationship with https://www.relentlessworkout.com/. Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

 

Additional terms, policies, or documents that may be posted from time to time on the Service are incorporated herein expressly by reference. We reserve the right to make changes or modifications to these Terms at any time and for any reason, at our sole discretion.

 

We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

This Website may contain links to other websites, which are not operated by Relentless Workout. Relentless Workout has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

 

THESE TERMS CONTAIN DISCLAIMERS, LIMITATION OF LIABILITY AND PROVISIONS THAT WAIVE YOUR RIGHT TO A JURY TRIAL, RIGHT TO A COURT HEARING AND RIGHT TO PARTICIPATE IN A CLASS ACTION (ARBITRATION AND CLASS ACTION WAIVER). UNLESS YOU OPT OUT WITHIN 30 DAYS OF FIRST USE OF OUR SERVICE, ARBITRATION IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES AND IS MANDATORY EXCEPT AS SPECIFIED BELOW IN THESE TERMS

 

Disclaimers

The company does not provide or offer any type of medical advice, medical coverage, or other healthcare program, such as counselling, testing, evaluation, prescription, procedure, or therapy related to workouts, dietary habits, weight loss, wellbeing, or related to the evasion, prevention, prognosis, or treatment of any injury, illness, disease, or condition (collectively, "healthcare services").

 

The service may not be suitable for all individuals and does not replace professional healthcare services. The service is merely designed as a tool that may help you achieve your overall health and fitness objectives. You acknowledge that your exercise activities include hazards, including the possibility of bodily damage or death, and that you undertake these risks. Before accessing or utilizing the service, you agree to release and dismiss the firm from any known or unknown action originating from your use of the service.

 

Consult with your doctor or another certified healthcare expert to see if the service is safe and effective for you. Accessing or utilizing the service without medical advice or if doing so could pose a health risk is strictly forbidden. In this context, you accept complete responsibility for your health, life, and well-being, as well as the health, lives, and well-being of your family and children (born and unborn, as applicable), as well as all present and future decisions.

 

You expressly agree, to the maximum extent authorized by applicable law, that we do not provide medical advice via the service. All content given through the service, whether by us or third parties (even if they claim to be doctors), is not intended to be and should not be substituted for:

1. the advice of your physician or other professionals,

2. a visit, phone contact, or consultation with your doctor or other medical personnel, or

3. information contained on the package or label of a product.

We are not liable for any health issues that may arise as a result of training programs, consultations, products, or events that you discover through our service. If you have any health-related questions, please contact your physician or other healthcare professional immediately by phone or in person. Immediately contact your physician or the local emergency services if you are experiencing a medical emergency.

 

Your use of the service does not establish or constitute a physician-patient, therapist-patient, or other healthcare professional relationship between you and the company.

The company assumes no responsibility for any inaccuracies or omissions regarding food recipes, exercises, or any other content on the service. Before using or consuming a product, you should read all information provided by the manufacturer, whether online or on the actual product packaging and labelling, including nutrient content, ingredients, food allergies and contact information, and health claims. For further information regarding a particular food item, please contact the manufacturer directly.

 

We cannot guarantee your level of success, and you accept the risk that your results may vary from those of other individuals. The testimonials and examples that may be offered on the service are not representative of or intended to guarantee that anyone will get the same or similar outcomes. There is no guarantee that past fitness examples will be repeated in the future. We cannot ensure your future success or outcomes. We also cannot promise that you will keep the outcomes you achieve if you discontinue our programs. The success of an individual in health, fitness, and nutrition depends on his or her history, commitment, and desire. As with any health-related service, your results will depend on a variety of factors, including but not limited to your particular capacity, life experience, unique health and genetic profile, starting point, level of skill, and level of dedication. Use of the service should be based on your own vigilance, and you accept that the company is not liable for any success or failure of your body that is directly or indirectly attributable to the purchase and use of the service. In addition to all other limits and disclaimers in these terms, the company disclaims any duty or loss related to the service's content. Regarding the material included in or obtained through the service, you are advised to contact your physician and other appropriate specialists.

 

Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence and Relentless Workout will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

 

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

 

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Relentless Workout or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Relentless Workout and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

 

Use of Service

The Service is not intended for use by persons under 16. All users who are minors in the jurisdiction in which they reside (generally under the age of 16) must have permission and be directly supervised by a parent or guardian to use the Service. If you are a minor, you must have your parent or guardian read and agree to these Terms before using the Service. You represent and warrant to the Company that you meet the above conditions. All prices advertised are subject to changes.

 

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

 

Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorization being received. 

 

If you violate these Terms, the Company retains the right to suspend or terminate your use of the Service or your access to the Service, with or without notice to you.

 

By using the Service, you consent to receive certain messages from the Company, such as Service updates and a periodic email newsletter. By unsubscribing from the email notification, you can opt out of non-essential communications.

 

The Service may be modified, updated, interrupted, or suspended without prior warning or liability.

 

Return Policy

All sales are usually final. Contact carter@relentlessworkout.com for any questions.

 

Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Relentless Workout and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. 

 

Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

 

Disclaimer as to ownership of trade marks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Relentless Workout and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Relentless Workout. 

 

Indemnity

You agree to indemnify, defend and hold harmless Relentless Workout, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

 

Variation

Relentless Workout shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

 

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected with all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

 

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

 

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

 

Governing Law/Jurisdiction

These terms and conditions and the transactions contemplated hereby shall be governed by, and construed and interpreted in accordance with, the laws of Canada. Any action seeking legal or equitable relief arising out of or relating to these Terms will be brought only in the Court system of Canada.

Dispute Resolution

The Parties agree to first attempt to negotiate any Dispute (aside from those Disputes expressly provided below) informally for at least ninety (90) days before commencing arbitration in order to expedite resolution and manage the cost of any dispute, controversy, or claim related to these terms of use brought by either you or us (each, a "Party," and collectively, the "Parties"). Following written notice from one party to the other, such informal conversations begin.

In the event that negotiation fails, the Parties agree to submit their dispute to arbitration under the Expedited Arbitration Rules of the Canadian Arbitration Association. The parties agree that the Expedited Arbitration Rules of the Canadian Arbitration Association afford them a fair opportunity to present their case and react to the opposing side's case. The arbitration shall be conducted in Edmonton in line with the terms of the Arbitration Act of Alberta. Any court possessing jurisdiction may enter a judgment based on the arbitrator's award. This clause does not apply to disputes that are expressly excluded below.

YOU UNDERSTAND THAT IN THE ABSENCE OF THIS PROVISION, YOU WOULD BE ENTITLED TO A JURY TRIAL AND THE RIGHT TO SUE IN COURT. 

 

The parties hereby agree to and waive all defences of lack of personal jurisdiction and forum non conveniens with regard to venue and jurisdiction and agree that, if for any reason a dispute proceeds in court rather than through arbitration, the dispute shall be initiated or prosecuted in the courts located in Edmonton, AB.

 

Any dispute involving the Site that is brought by any Party must never be brought more than one (1) year after the cause of action first materialized. A court of competent jurisdiction will resolve any disputes falling within this provision if it is determined that any part of it is unlawful or unenforceable, and the Parties consent to the personal jurisdiction of that court in the event that neither Party chooses to arbitrate any disputes falling within that portion.

 

The Parties concur that any arbitration will only cover the particular disputes between the Parties. the fullest degree allowed by law. There is no right or authority for any dispute to be arbitrated on a class action basis or to use class action procedures, and there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. No arbitration shall be joined with any other proceeding.

 

The Parties concur that the following Disputes are not covered by the aforementioned clauses regarding binding arbitration and informal negotiations:

1. any Disputes involving the enforcement, protection, or validity of a Party's intellectual property rights;

2. any Conflict involving, or resulting from, claims of Theft, Piracy, Privacy Invasion, or Unauthorized Use; and

3. any demand for an injunction.

 

A court of competent jurisdiction will resolve any disputes falling within this provision if it is determined that any part of it is unlawful or unenforceable, and the Parties agree to submit to the personal jurisdiction of such court. If this provision is determined to be unlawful or unenforceable, neither Party will choose to arbitrate any disputes falling within that portion of this provision.

 

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any preceding and contemporaneous agreements between you and Relentless Workout. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Relentless Workout.

CONTACT US

If you have questions or comments about this Terms and Conditions, please contact us at:

carter@relentlessworkout.com