/Terms & Conditions
Terms & Conditions2018-02-07T02:39:30+00:00

TERMS & CONDITIONS

Introduction

Welcome to physiqueforty.com, & www.physiqueforty.com. This website is owned and operated by Physique Forty, & 939588 LLC. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information). This terms of service agreement covers physiqueforty.com, & www.physiqueforty.com.

This Terms & Conditions agreement applies to the following Website(s): physiqueforty.com, & www.physiqueforty.com (hereinafter, the “Website(s)”). The Website(s) and all of the content and information found on the Website(s) (“Website Materials”) provided by Physique Forty, & 939588 LLC (“We”) are provided “as is” and without warranties of any kind either express or implied.

By visiting our website, accessing and/or purchasing the information, resources, services, products, plans and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).

This agreement is in effect as of February 6th, 2018.

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Responsible Use and Conduct

By visiting our website, accessing and/or purchasing the information, resources, services, products, plans and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.

  1. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
  2. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
  3. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
  4. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
  5. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
  6. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
  7. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
    ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary rights of any party;
    Iii. Contains any type of unauthorized or unsolicited advertising;
    Iiii. Impersonates any person or entity, including any physiqueforty.com, & www.physqiueforty.com employees or representatives.

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

  1. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Physique Forty, & 939588 LLC, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.
  2. You agree to indemnify and hold harmless Physique Forty, & 939588 LLC and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
  3. Any information supplied through the Website or by any employee or agent of the Company, whether by telephone, e-mail, letter, facsimile, or other form of communication, is for educational purposes or general guidance on the use of the Website, and does not constitute medical, legal, tax, accounting, or other professional advice. Health-related information provided through the Website is not a substitute for or constitute medical advice and it is important that medical decisions not be made without the consultation of a healthcare professional. The receipt of any questions or feedback you submit to the Company does not create a professional relationship and does not create any confidentiality privileges beyond those described in our privacy policy.

Physique Forty, & 939588 LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://www.phsyqiueforty.com only with permission of a parent or guardian. Plans are not recommended or intended for children or teenagers, and should only be used under the recommendation and supervision of a physician.

Privacy

Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.

Payment

You agree to pay, and authorize Physique Forty’s, & 939588 LLC’s third party payment processor to charge using your selected payment method and payment plan, for all applicable fees and taxes that may accrue in relation to your payment plan to use our Services or purchase our products. All fees are in US Dollars and are non-refundable except as required by law. Physique Forty, & 939588 LLC is not responsible for charges, bank fees, or foreign exchange rates applied by your Credit Card Company and/or financial institution. You are responsible for providing complete and accurate billing and contact information to us. We may suspend or terminate the Services if fees are 30 days past due.

Reference Transactions

A reference transaction is a financial transaction from which subsequent transactions can be derived. PayPal Reference Transactions & Stripe Authorizations are used to make to make subsequent transactions to offer you additional offers at checkout. These offers are optional and you will be provided the option to opt-out of any after purchase offers by clicking the “No Thanks, I won’t see this offer again and I am not interested” option. After adding your payment information at checkout, you agree to allow our payment processor to store an authorization for additional payments as needed. This may include after purchase one-time offers, which you authorize us to charge using your selected payment method upon your acceptance of any additional offers.

Money Back Guarantee and Refunds

Please note for all refunds on all digital programs, such as the 7-Day Detox and the Tighten It Up program, you must complete the entire program and can only request the refund after this time (i.e. 10 weeks, 30 Days or 90 days). Refunds are not given because you changed your mind, found the plan unsuitable, did not have access to the required equipment (after all, the programs consist of body-weight workouts and you could have contacted us beforehand), found the plan confusing, had a technical issue or did not like the plan in general. In other words, refunds are given if you complete the full program while adhering to the nutritional plan provided by the program and still do not reach realistic goals. These terms are without exception and a refund request outside of these requirements will not be processed.

In order to process your refund if you complete the plan, you must have timely submitted all check-in forms and measurements (1) before you start the plan and then (2) on a bi-weekly basis for the length of the program (time frames listed below). These check-ins must include (a) starting photos, (b) measurements of the waist, arm, and leg, along with your weight.  This is required to help prove that you completed the program in accordance with its respective terms.

Tighten It Up: 10 Weeks

7-Day Detox: 21 Days

Metabolic Maximization: 10 Weeks

You will be required to spend time reading the manuals and formulating your plan, as it does require some personalization and time commitment. For the home workouts, it can be performed with just bodyweight but we do advise the use of equipment such as TRX, Barbells, Dumbbells, Medicine Balls, Kettlebells etc. to speed up, and optimize results.

This refund policy is the standard terms for online, digital products. Unlike physical products, once you have purchased this product you will have instant access to the files and can not return them. Please note this program was developed after years of research and practice, along with over $100,000 in educational fees. Please do not contact us for a refund if you have not tried the program for the full time listed above and have check-ins sent to us at the very start, and then ever consecutive 2 weeks for the remainder of the program period, we will not process the refund if these conditions are not adhered to. These check-ins must include (a) starting photos, (b) measurements of the waist, arm, and leg, along with your weight.

All refund requests can be submitted on this page. Please note, refunds that do not conform to all the terms listed above will not be processed.

http://www.rudymawer.com/refund-form/

Ability to Accept Terms and Conditions

You affirm that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

COMPANY DOES NOT PROVIDE SERVICES OR SELL PRODUCTS TO PERSONS UNDER THE AGE OF EIGHTEEN (18) WITHOUT THE EXPRESS PERMISSION OF AND ACTIVE INVOLVEMENT OF A PARENT OR LEGAL GUARDIAN.

Websites Notice Regarding Medical Advice And Content

THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE. This Website is an educational service that provide general health information and are intended only to assist users in their diet and exercise plan. COMPANY is not a medical organization and COMPANY’s staff will not give you medical advice or diagnosis. If you are pregnant or breastfeeding, you should consult your doctor before starting any diet or exercise programs. Nothing contained on this Website should be construed as medical advice or diagnosis. The information and materials provided by COMPANY should NOT be interpreted as a substitute for physician consultation, evaluation, or treatment, nor as an endorsement of any Third Party Sellers products or services.

Please see our Disclaimers Policy for additional disclaimers that apply to you.

WARNING: This Website may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use this Website.

Intellectual Property Rights Ownership

All Website content and materials (“Website Materials”) available on this Website are the property of COMPANY, its affiliates, licensors, or the designated owners and are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by COMPANY, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such Website Materials.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this Website or any of COMPANY’s other Websites is strictly prohibited without the express written permission of COMPANY. For information on requesting such permission, please contact COMPANY using the contact information listed in the section entitled “Contacting Us”.

Product Delivery/Membership Site/Conduct

A. For products that you purchase from COMPANY that are delivered through a download link, you will be given a URL to access and download the product(s) you purchased. In such instances, you agree not to share the download link with other people who did not purchase the product(s).

B. For products that you purchase from COMPANY that are delivered through a membership site, you will be given a user name and password to access the course materials and tools. In such instances, you agree not to share your login information with other people who did not purchase the product(s). You will not sell access to this program or duplicate and sell any of its content without written permission.

C. Where applicable, the membership site is meant for informational purposes only. It is not intended as specific medical, legal, commercial, financial, tax or other professional advice. Use of the information on the membership site and this Website are at your own risk.

D. Use of content, unless otherwise stated, is for your own personal, non-commercial use. You may not distribute content, print multiple copies for distribution, or use the content for public display or performance unless otherwise stated.

E. COMPANY reserves the right to discontinue or modify without notice or liability, any portion of this Website.

F. You affirm, represent, and warrant that your participation on this Website and the content you submit does not relate to pornography, illegal activities of any kind, occult, hate, or racism. You also represent and warrant that content you submit does not violate the intellectual property rights of third parties. COMPANY reserves the right to make the final decision regarding what is appropriate. COMPANY further reserves the right to remove content or terminate your account without prior notice for a violation of this provision.

G. You understand and agree to not place an unreasonable burden on the server hosting this Website or membership site, to not interfere with the running of this Website and to not attempt unauthorized access to any portion of this Website.

H. You understand and agree not to provide false information about yourself, to impersonate another individual or provide misleading or false content.

I. You agree that any ideas, suggestions, or improvements that you provide to COMPANY about COMPANY’s products or services shall be owned by COMPANY and that COMPANY is free to include such ideas in future products without compensation to you.

Third Party References/Hyperlinks

This Website and/or any of COMPANY’s other Websites may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of COMPANY, and you acknowledge that COMPANY is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by or any association with its operators.

Advertisements and Link to Other Sites

Some pages on this Website may contain advertisements to associated products of external websites / links / supplements. While the Company may be compensated for such advertisement placing, the Company does not endorse or warrant any such products.  You are fully responsible for researching such products on your own and determining if they are the right fit for you

Many articles on this Website contain links to third-party websites. The Company does not endorse the content on any third-party website that this Website may link to and has no control over and is not responsible for the content on affiliated or advertised sites.

The Website DOES NOT PROVIDE MEDICAL ADVICE!

The Website does not provide medical advice, treatment or diagnosis of any issue, illness or disease. All content and educational material provided on this site and associate sites of the Company for educational and example purposes only.  You are fully responsible for doing your own research and determining what is your best course of action.

Always seek approval and advice from a physician, medical doctor or other qualified health professional before embarking on a new exercise regime, diet, supplement or similar protocol. 

Diets

The Company may list diet and/or meal suggestions that have been prepared and approved by a third party dietitian.  The Company does not assume any responsibility with respect to such diets.  You must do your own research to determine if the diet is right for you, including seek approval and advice from a physician, medical doctor or other qualified health professional.

Good Samaritan Policy

It is COMPANY’s policy not to tolerate any acts of intellectual property infringement or violations of federal or state law. COMPANY reserves the right to remove, disable, or restrict access to the availability of Website Materials on the Websites that, in COMPANY’s subjective view, is obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected. This provision does not impose upon COMPANY any contractual obligation to undertake, or refrain from undertaking, any particular course of conduct, or to monitor the Websites.

If you believe someone has violated this policy, COMPANY asks you to promptly notify its Customer Service department by e-mail at (support@physiqueforty.com) or by phone 1-403-251-5005 (attention: User support.) You must use this address or phone number if you want to ensure that the complaint is actually received by the appropriate party who is responsible for investigating alleged violations of this policy.

Limitation of Warranties

By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that:

  1. v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
    vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Physique Forty, & 939588 LLC or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. Any provision herein to the contrary notwithstanding, the maximum liability of COMPANY to any person, firm or corporation whatsoever arising out of or in the connection with any license, use or other employment of any Content delivered to You hereunder, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual price paid to COMPANY by You for the Content whose license, use, or other employment gives rise to the liability. The essential purpose of this provision is to limit the potential liability of COMPANY arising out of this Agreement. The parties acknowledge that the limitations set forth in this Section are integral to the amount of consideration levied in connection with the Website and any services rendered hereunder and that, were COMPANY to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher.

Disclaimer

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEBSITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

COMPANY ASSUMES NO RESPONSIBILITY FOR THE ACCURACY, CORRECTNESS, TIMELINESS, OR CONTENT OF THE CONTENT PROVIDED ON THIS WEBSITE OR ANY OF ITS OTHER WEBSITES. YOU AGREE THAT COMPANY IS NOT RESPONSIBLE OR LIABLE FOR YOUR RELIANCE UPON ANY CONTENT OR RECOMMENDATIONS OR RESULTS BASED ON OR GENERATED FROM SUCH CONTENT. IN ADDITION, YOU SHOULD NOT ASSUME THAT THE CONTENT ON THIS WEBSITE OR ANY OF COMPANY’S OTHER WEBSITES ARE CONTINUOUSLY UPDATED OR OTHERWISE CONTAIN CURRENT INFORMATION. COMPANY, LLC IS NOT RESPONSIBLE FOR SUPPLYING CONTENT OR MATERIALS FROM ITS WEBSITES THAT HAVE BEEN PROVIDED BY OTHER USERS OF THE WEBSITES, HAVE EXPIRED, OR HAVE BEEN REMOVED.

BY USING THIS WEBSITE OR ANY OF COMPANY’S OTHER WEBSITES, YOU AGREE TO ACCEPT ALL RISKS ASSOCIATED WITH THE WEBSITE MATERIALS AND ANY RECOMMENDATIONS, RESULTS, OR REPORTS BASED ON OR GENERATED FROM SUCH WEBSITE MATERIALS. THE WEBSITE MATERIALS AND ANY RECOMMENDATIONS, RESULTS, OR REPORTS BASED ON OR GENERATED FROM SUCH WEBSITE MATERIALS ARE NOT INTENDED TO REPLACE THE CARE YOU WOULD RECEIVE FROM A PHYSICIAN OR OTHER MEDICAL PROFESSIONAL OR TO BE USED AS A MEDICAL DIAGNOSIS. ALWAYS CONSULT YOUR DOCTOR BEFORE BEGINNING ANY HEALTH PROGRAM, EXERCISE PROGRAM, NUTRITIONAL PROGRAM, OR ANY OTHER PROGRAM YOU LEARNED ABOUT THROUGH ANY OF THE WEBSITES OR WEBSITE MATERIALS OR BASED ON ANY RECOMMENDATIONS, RESULTS, OR REPORTS BASED ON OR GENERATED FROM SUCH WEBSITE MATERIALS. COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY INJURY THAT MAY RESULT FROM ACTIONS TAKEN OR NOT TAKEN BY YOU RELYING ON ANY OF THE WEBSITES, WEBSITE MATERIALS, OR ANY RECOMMENDATIONS, RESULTS, OR REPORTS BASED ON OR GENERATED FROM SUCH WEBSITE MATERIALS.

Indemnification

You agree to defend, indemnify and hold harmless COMPANY and its officers, directors, employees, contractors, and any Affiliates it may have from any and all demands, claims, damages, liabilities, expenses, or harms, including attorney’s fees, arising out of or in connection with your use of this Website, any of COMPANY’s other Websites, and all products, offerings or services of COMPANY. You also agree to indemnify and hold harmless COMPANY and its officers, directors, employees, contractors, and any Affiliates it may have from any and all demands, claims, damages, liabilities, expenses, or harms regarding online conduct, breach of these Terms of Use, or dealings or transactions with other persons resulting from your use of this Website, any of COMPANY’s other Websites, and all products, offerings or services of COMPANY.

Miscellaneous

A. Severability. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The sections titled Limitation of Liability, Indemnification, Disclaimer, and Miscellaneous shall survive any termination of these Terms of Use.

B. Waiver. All rights and remedies, whether conferred hereunder or by any other instrument or law, will be cumulative and may be exercised singularly or concurrently. The failure of COMPANY to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

C. Independent Disputes. COMPANY has no obligation to become involved in any dispute between a user and any other person. You are solely responsible for your interactions with other COMPANY users. COMPANY reserves the right, but has no obligation to, monitor disputes between you and other members.

D. Integration. These Terms of Use (and the Privacy Policy and Disclaimers incorporated by reference herein plus any applicable product order form terms) constitute the entire agreement between you and COMPANY with respect to the subject matter hereof. Neither you nor COMPANY shall be bound by any conditions, definitions, warranties, understandings, or representations with respect to the subject matter hereof other than as expressly provided herein. No oral explanation or oral information by either party hereto shall alter the meaning or interpretation of the Terms of Use

E. Section Headings. The section headings contained in these Terms of Use are for reference purposes only and shall not affect in any way the meaning or interpretation of the Terms of Use.

F. Modification and Amendment. No modification or amendment to these Terms of Use by you will be effective unless assented to in writing by COMPANY.

Governing Law and Jurisdiction

This Website, COMPANY’s other Websites, these Terms of Use and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the Province of Alberta without regard to its conflict of law principles. You hereby consent to binding arbitration in the Province of Alberta to resolve any disputes arising under this Terms of Use.

Class Action Waiver

ANY LEGAL ACTION OR ARBITRATION ARISING IN CONNECTION WITH THE USE OF THIS WEBSITE, PRODUCTS PURCHASED ON THIS WEB SITE, OR THESE TERMS OF USE MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR COMPANY MAY JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

Arbitration of Disputes

(a) The parties agree that any dispute or claim in law or equity arising between them regarding the use of this Website, products purchased from this Website, or these Terms of Use, including any dispute regarding the enforceability or applicability of this arbitration provision, shall be decided by neutral, binding arbitration conducted in Calgary, AB, Canada. The arbitrator shall be a retired judge, justice, or an attorney with at least ten (10) years of legal experience relating to the subject matter of this Agreement, unless the parties mutually agree otherwise, who shall render an award in accordance with the substantive laws of in Calgary, AB, Canada. In all other respects, the arbitration shall be conducted in accordance with the rules and procedures of the Canadian Arbitration Association, subject to the parties being allowed limited discovery. Judgment upon the award of the arbitrator(s) may be entered in any court having jurisdiction.

NOTICE: BY USING THIS WEBSITE YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS “ARBITRATION OF DISPUTES” PROVISION DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION YOU MAY BE COMPELLED TO ARBITRATE ANYHOW PURSUANT TO A COURT ORDER. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. IF YOU DO NOT WISH TO AGREE TO ARBITRATION, THEN YOU MAY NOT USE THIS WEBSITE.

(b) In the event of a dispute that proceeds to arbitration, the parties agree to split the costs charged by an arbitrator 50/50 (with each party being liable to pay half of the arbitrator’s bill for time spent on the case). The Parties shall each bear the cost of their own attorney’s fees, arbitration filing fees, and all other third party fees, except as specified herein for splitting the cost of the arbitrator’s time.

Guarantee

UNLESS OTHERWISE EXPRESSED, Physique Forty, & 939588 LLC. 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-INFRINGEMENT.

COMPLETE AGREEMENT

These Terms and Conditions and the privacy policy constitute the full agreement between you and Physique Forty, & 939588 LLC.

Contact Information

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:

Physique Forty, & 939588 LLC
89177 – 70 High Street SE
Calgary, AB T2Z-3W3