Thank you for visiting Flexetymarket.com, a production of WWW.FLEXETY.COM FITNESS (“flexetymarket.com”, “Flexety”, “we”, “our”, or “us”). The terms and conditions below (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of Flexetymarket.com and any related software applications whether existing now or in the future (collectively, the “Properties”).
We aim to make your experience using the Properties enjoyable. By accessing or using the Properties, you agree to be bound by these Terms, which in part are intended to make sure your legal rights are respected by other users of the Properties, and that in turn you respect the legal rights of Flexetymarket.com and its other users. These Terms constitute the complete agreement between you and Flexetymarket.com, regarding the Properties. We may change the Terms at any time by posting a revised Terms of Service on this page; such changes will be effective upon posting. Please carefully read the entire Terms.
Use of Properties
You agree to use the Properties only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party.
You agree that you will only use the Properties for your own personal use. You must be at least 13 years of age to use the Properties. Use of the Properties is void where prohibited.
Certain portions of the Properties may be secured or otherwise protected from access except for authorized users with valid login and password information. Individuals without authorization attempting to access these portions of the Properties may be subject to prosecution
In creating an account and/or claiming your business’ listing, you represent to us that all information provided to us in such process is true, accurate and correct. If you are creating an account or claiming a listing on behalf of a business, then you represent to us that you are the owner or authorized agent of such business. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts or business listings except as otherwise authorized by us, or provide or use false information to obtain access to a business’ listing on the Properties that you are not legally entitled to claim. You acknowledge that any false claiming of a business may cause Flexetymarket.com or third parties to incur substantial economic damages and losses for which you may be held accountable.
Ownership of Content
You own all content you submit to the Properties, including but not limited to profile information, reviews, images, messages, and any other materials (“Your Content”). By submitting Your Content you hereby irrevocably grant us a perpetual, world-wide, non-exclusive, royalty-free, sublicensable and transferable license and right to use Your Content for any purpose and in any media now existing or in the future. You also irrevocably grant the users of the Properties and third party websites, mobile applications and other platforms who obtained Your Content from us (“Third Party Properties”) the same right you have granted to us herein to use Your Content in connection with their use of the Properties and Third Party Properties. By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, and in the case of Third Party Properties, allow their users and others to do the same. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against us, any Third Party Properties and our and their users.
You are responsible for Your Content. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You may be held liable for Your Content.
In submitting Your Content to us, you represent that:
- You are the sole author of Your Content, and Your Content are not copied from or based on, in whole or in part, any other work or website, except works in the public; and
- Use of Your Content by us, Third Party Properties and our and their users will not violate or infringe any right of yours or any third party.
With regard to Your Content which are images, you agree that at least one of the following is met:
- You have taken the photograph or created the artwork being submitted;
- You own the rights to the image; or
- You have explicit permission from the rights-holder to submit such image or artwork for use on our Properties and Third Party Properties and to grant the rights you have granted herein.
Lastly, you agree that any of Your Content submitted to us will not:
- Be unlawful, harmful, threatening, abusive, harassing, tortious, indecent, defamatory, vulgar, profane, obscene, libelous, hateful or otherwise objectionable;
- Contain material that violates the standards of good taste or the standards of the Properties;
- Violate any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
- Accuse others of illegal activity, or describe physical confrontations;
- Contain material that is illegal, or that violates any federal, state, or local law or regulation;
- Contain language or images intended to impersonate another person;
- Disguise or attempt to disguise the origin of Your Content;
- Be of a nature that does not address the goods and services, atmosphere, or other attributes of the business or have no qualitative value;
- Be considered a form of deceptive advertisement or cause, or be a result of, a conflict of interest;
- Be commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes or other advertising materials;
- Assert or imply that Your Content is in any way sponsored or endorsed by us; or
- Contain material that is not in English; each as determined in our sole discretion.
We may use, post or refuse to post, disable from view, remove or reinstate any content (including Your Content) in our sole discretion. Without limiting the generality of the foregoing, we may, but are not obligated to, hide or remove any of Your Content that we determine, in our sole discretion, to be in violation of the terms hereof. We are not obligated to return any of Your Content to you under any circumstances.
We are the sole and exclusive copyright owners of the Properties and our content, including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Properties excluding Your Content and third party content (“Our Content”). We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Properties and Our Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of Our Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Properties, Our Content or our IP Rights.
No Endorsement of Content
Some of the content available through the Properties may include materials that belong to third parties. We also obtain business addresses, phone numbers and other contact information from third party vendors who obtain their data from public sources. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Properties. We do not screen or investigate third party material before or after including them on our Properties. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Properties. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Properties, but shall not be liable for any delay or inaccuracies related to such updates.
Third party content, including those posted by our users, do not reflect our views or that of our parent, subsidiary, affiliated companies, employees, officers, directors, or shareholders. In addition, none of the content available through the Properties are endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any of Your Content or any third party content. In addition, we do not assume responsibility or liability for any claims, damages or losses resulting from your reliance or use of the Properties, any Third Party Properties or the materials contained herein or therein. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.
Restrictions on Use
Without limiting the generality of these Terms, you specifically agree not to do the following while using the Properties:
- Use the Properties to act/deal in a thing / products/goods/services which are either banned/prohibited by law or violates any of the intellectual property right of any party in respect of such product.
- Use the Properties to violate any law, statute, ordinance or regulation.
- Use the Properties for activities that relate to transactions involving (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) cigarettes, (d) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (e) stolen goods including digital and virtual goods, (f) the promotion of hate, violence, racial intolerance or the financial exploitation of a crime, (g) items that are considered obscene, (h) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (i) certain sexually oriented materials or services, (j) ammunition, firearms, or certain firearm parts or accessories, or (k) certain weapons or knives regulated under applicable law.
- Use the Properties for activities that relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or Ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f) are associated with the sale of traveler’s checks or money orders, (g) involve currency exchanges or check cashing businesses, (h) involve certain credit repair, debt settlement services, credit transactions or insurance activities, or (i) involve offering or receiving payments for the purpose of bribery or corruption.
- Use the Properties for activities that involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.
- Use the Properties for illegal or unauthorized uses;
- Impersonate any person or entity;
- “Stalk” or harass other users or persons;
- Harm minors in any way;
- Falsely state or misrepresent your affiliation with another person or entity;
- Infringe any patent, trademark, trade secret, service mark, copyright, or other intellectual property right of another person;
- Access or use the account of another user without permission;
- Solicit, spam or otherwise advertise to users and/or business using Our Content or the Properties;
- Distribute unsolicited or unauthorized advertising, surveys, contests, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or other messages for any purposes;
- Distribute computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with, disrupt, or destroy the functionality or use of any features of the Properties;
- Interfere with, disrupt, or destroy the servers or networks connected to the Properties, or disobey any rules or regulations applicable to such servers or networks;
- “Hack” or access without permission our proprietary or confidential records, those of another user, or those of anyone else;
- Violate any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement);
- Violate any applicable law, rule, or regulation (for example, by disclosing or trading on inside information in violation of securities law);
- Decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Properties;
- Remove, circumvent, disable, damage or otherwise interfere with security-related features, or features that enforce limitations on use of, the Properties; and/or
- Modify, copy, publish, license, sell, rent, lease, lend, transfer or otherwise commercialize any rights to the Properties or Our Content; each as determined in our sole discretion.
Privacy and Security
We make efforts to maintain the security of user submissions. For example, we arrange for encryption, firewall, antivirus, and spyware protection to the extent that we deem advisable to protect your personal information and conduct our business. However, we do not guarantee the security of the Properties, our records, your submissions, or anything else. We disclaim all liability for any computer virus or technological problems that we do not intentionally cause. You are encouraged to install and maintain up-to-date security software on your computer.
Disclaimer of Warranties and Limitation of Liability
Disclaimer of Warranties
YOU BEAR THE ENTIRE RISK OF USING THE PROPERTIES AND ANY PRODUCTS OR SERVICES INCLUDED OR ADVERTISED ON, OR LINKED TO FROM, THE PROPERTIES. WE MAKE NO WARRANTIES, GUARANTEES, REPRESENTATIONS, OR PROMISES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY OF THE INFORMATION CONTAINED, OR PRODUCTS OR SERVICES OFFERED IN THE PROPERTIES. THE INFORMATION MAY CONTAIN ERRORS OR OMISSIONS, FOR WHICH WE EXPRESSLY DISCLAIM ANY LIABILITY. THE PROPERTIES AND THE ENTIRE CONTENTS THEREOF ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
WE MAKE NO WARRANTIES, GUARANTEES, REPRESENTATIONS, OR PROMISES REGARDING THE COMPATIBILITY OF OUR PROPERTIES WITH ANY PARTICULAR SOFTWARE OR HARDWARE DEVICES. YOUR USE OF THE PROPERTIES IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR SOFTWARE OR HARDWARE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE PROPERTIES.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THE PROPERTIES OR ANY PRODUCTS OR SERVICES INCLUDED OR ADVERTISED IN THE PROPERTIES, INCLUDING WITHOUT LIMITATION THE PERFORMANCE OR NON-PERFORMANCE OF ANY TRAINERS, GYMS, EVENTS, OR CLASSES IN CONNECTION WITH THE SERVICES, WHETHER THE CLAIM FOR DAMAGES IS BASED ON CONTRACT, TORT, OR OTHERWISE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US, IF ANY, FOR THE USE OF THE PROPERTIES.
Verified Trainer Services
Flexetymarket.com is not, nor does it claim to be a certifying body for fitness professionals. The Verified Trainer Services badge means that the Vendor has provided documented proof of their fitness related certifications and/or degrees as well as proof that they carry fitness professional insurance/liability insurance. Flexetymarket.com provides this badge as a value added service to its marketplace customers to assist in their selections and purchases. Flexetymarket.com provides no warranties or assurances with this badge, and encourages customers to do their own background checks and research to ensure that they work with a fitness professional that is both reputable and best matches their requirements and fitness goals.
You agree to indemnify, defend, and hold harmless us and our affiliates, subsidiaries, successors, assignees, licensees, directors, officers, employees, agents, contractors, vendors, business partners, owners, and professional advisors from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable attorney fees) related to (i) Your Content, (ii) your unauthorized use of the Properties, or products or services included or advertised in the Properties; or (iii) your breach of these Terms.
Data, messaging, or other ISP and carrier fees may apply in your use of the Properties.
Changes to the Terms
Flexetymarket.com may modify these Terms from time to time. When changes are made, we will notify you by making the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of the new Terms. If you do not agree to, or cannot comply with, these Terms as modified, you must stop using the Properties and, if applicable, cancel your account. You understand and agree that your continued use of the Properties after any posted modification to the Terms indicates your acceptance of the modification.
The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms. These Terms shall not be construed against us on the grounds that we conducted or arranged for the drafting of the Terms.
Governing Law/Dispute Resolution
These Terms are governed exclusively by the laws of the Province of Manitoba and Canada. Any controversy or claim relating to these Terms or the Properties shall be submitted to the judicial courts located in Winnipeg in the Province of Manitoba. You consent to the exclusive jurisdiction of those courts. You must commence any legal action against us within one (1) year after the alleged harm initially occurs. Failure to commence the action within that period shall forever bar any claims or causes of action regarding the same facts or occurrence. WHERE PERMITTED BY LAW, YOU HEREBY WAIVE YOUR RIGHTS TO A JURY TRIAL.
- All products requiring shipping will be processed and shipped within 2 (TWO) business days of placing your order
- If for any reason (though rare) your shipment cannot be processed within 2 business days, the vendor will contact you to inform you of the delay and details
- Vendor Shipping will utilize one of the following carriers to ship you your order: Canada Post, USPS, Fedex, Fedex Sameday, UPS, ePacket, or OnTrac
- You should receive an email notification with tracking information for your order within 2 to 5 business days of placing the order, if you do not then please contact us so that we can resend the tracking information to you.
- Most items should arrive within 10 business days, provided there is stock with one of our North American Vendors or warehouses. In some cases if there is no remaining domestic stock, then orders may have to be fulfilled through our international suppliers and can take an additional 10 business days to arrive.
- Additional customs fees may apply depending on your shipping address and the product being shipped. Any customs fees are the sole responsibility of the purchaser.
- All returns and exchanges are arranged directly with and are the sole responsibility of the seller/vendor selling the product
- Exchanges are accepted on shipped products if they are defective on arrival or the wrong product was shipped. They must be in original packaging and/or condition, unused. Customer is responsible for return shipping
- Store credit, refunds and exchanges cannot be given on service based products once services have been rendered
- Store credit, refunds and exchanges cannot be given on bookings that have been attended or missed
If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.