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Terms of Use

Welcome to GYMKIDSCANADA.CA! Aspen Fitness Inc. provides its service to you, subject to the following Terms of Use ('TOU'), which may be updated by us from time to time without notice to you. In addition, when using particular Aspen Fitness Inc services, you and Aspen Fitness Inc shall be subject to any posted guidelines or rules applicable to such services that may be posted from time to time. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOU.

You understand and agree that the Service is provided 'AS-IS' and that Aspen Fitness Inc assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.

You agree that Aspen Fitness Inc shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources.

Because Aspen Fitness Inc has no control over such sites and resources, you acknowledge and agree that Aspen Fitness Inc is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.

You further acknowledge and agree that Aspen Fitness Inc shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ASPEN FITNESS INC 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 (EVEN IF ASPEN FITNESS INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

Aspen Fitness Inc, the gymkidscanada.ca logo, and other Aspen Fitness Inc logos and product and service names are trademarks of Aspen Fitness Inc! (the 'Aspen Fitness Inc. Marks'). Without Aspen Fitness Inc. Inc.’s prior permission, you agree not to display or use in any manner, the Aspen Fitness Inc Marks.

Aspen Fitness Inc. does not represent or endorse the accuracy or reliability of any of the information, content or advertisements (collectively, the 'Materials') contained on, distributed through, or linked, downloaded or accessed from any of the Services, nor the quality of any products, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service (the 'Products').

You hereby acknowledge that any reliance upon any Materials shall be at your sole risk. GYMKIDSCANADA.CA reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the Materials.

THE SERVICE AND THE MATERIALS ARE PROVIDED BY ASPEN FITNESS INC. ON AN 'AS IS' BASIS, AND ASPEN FITNESS INC. EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE OR ANY MATERIALS AND PRODUCTS. IN NO EVENT SHALL Aspen Fitness Inc. Inc. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICE, THE MATERIALS AND THE PRODUCTS.

Aspen Fitness Inc encourages you to exercise discretion while browsing the Internet using the Service. The Service may direct you to sites containing information that some people may find offensive or inappropriate. Aspen Fitness Inc. Inc. makes no representations concerning any endeavor to review the content of sites listed in the directory or any of the Materials, and so Aspen Fitness Inc isn't responsible for the accuracy, copyright compliance, legality or decency of material contained in sites listed in the directory or in the Materials. The TOU constitute the entire agreement between you and Aspen Fitness Inc and govern your use of the Service, superseding any prior agreements between you and Aspen Fitness Inc.

You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOU and the relationship between you and Aspen Fitness Inc shall be governed by the laws of the Province of Manitoba without regard to its conflict of law provisions. The failure of Aspen Fitness Inc to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision.

If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. 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 the Service or the TOU must be filed within one 1 month after such claim or cause of action arose or be forever barred.