Terms and Conditions

Credit

This document was created using a Contractology template available at http://www.freenetlaw.com.

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to Fitmama Strong Durham use of cookies in accordance with the terms of Fitmama Strong Durham’s privacy policy

License to use website

Unless otherwise stated, Fitmama Strong Durham and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);

  • sell, rent or sub-license material from the website;

  • show any material from the website in public;

  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;

  • edit or otherwise modify any material on the website; or

  • redistribute material from this website except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without FITMOM Durham’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Fitmama Strong Durham’s express written consent.

Restricted access

Access to certain areas of this website is restricted. FITMOM Durham reserves the right to restrict access to other areas of this website, or indeed this entire website, at Fitmama Strong Durham’s discretion.

If Fitmama Strong Durham provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Fitmama StrongFitmama Strong Durham may disable your user ID and password in FITMOM Durham’s sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Fitmama Strong Durham a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Fitmama Strong Durham the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Fitmama Strong Durham or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Fitmama Strong Durham reserves the right to edit or remove any material submitted to this website, or stored on Fitmama Strong Durham servers, or hosted or published upon this website.

Notwithstanding Fitmama Strong Durham rights under these terms and conditions in relation to user content, Fitmama Strong Durham does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

Indemnity

You hereby indemnify Fitmama Strong Durham and undertake to keep Fitmama Strong Durham indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Fitmama Strong Durham to a third party in settlement of a claim or dispute on the advice of Fitmama Strong Durham legal advisers) incurred or suffered by Fitmama Strong Durham arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Fitmama Strong Durham other rights under these terms and conditions, if you breach these terms and conditions in any way, Fitmama Strong Durham may take such action as Fitmama Strong Durham deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Fitmama Strong Durham may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Fitmama Strong Durham may transfer, sub-contract or otherwise deal with Fitmama Strong Durham rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with our Privacy Policy and Website Disclaimer, constitute the entire agreement between you and Fitmama Strong Durham in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with Ontario Law and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Ontario.

Fitmama Strong Durham’s registered address is in Whitby, Ontario, .

You can contact Fitmama Strong Durham by email to jennifer@fitmomdurham.com.