TERMS AND CONDITIONS
This Website is owned and operated by SMINKFIT INCORPORATED.
These Terms set forth the terms and conditions under which you may use this Website and services offered by SMINKFIT INCORPORATED. This Website provides visitors fitness and nutrition consulting services, both online and in person. By accessing or using the Website, you approve that you have read, understood, and agree to be bound by these Terms.
To use the Website and receive services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this Website and receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
When purchasing an offering listed on www.martafowler.fit, you agree that: (i) you are responsible for reading the total item listing before committing to purchase it: and (ii) you enter into a legally binding contract to purchase an item, and (iii) you complete the check-out payment process.
The prices we charge for using our services and products are listed in Canadian Dollars. We reserve the right to change our fees for all offerings displayed at any time and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.
The service fees and any other charges you may incur with using the Service, such as taxes and possible transaction fees, will be charged to your payment method.
We may, without prior notice, change the services, stop providing the services or any features of the services we offer or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason or no reason.
When we receive a valid claim for a service purchased from us, we will correct the reported issue or replace it with another offering of the same or higher value. If we cannot restore, fulfill or supersede the Service, the customer will be entitled to a full refund.
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related to that, are the exclusive property of Marta Fowler except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, perform, publish, adapt, edit or create derivative works.
You recognize and agree that by uploading any content (including, but not limited to e-books, training plans, nutrition guidelines, designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the Website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed on the Website.
We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if, in our sole determination, you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and any services at any time. Notwithstanding anything contrary in the preceding concerning automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.
You agree to indemnify and hold Marta Fowler harmless from any demands, loss, liability, claims or expenses (including attorneys' fees) made against them by any third party due to, or arising out of, or in connection with your use of the Website or any of the services offered on the Website.
To the maximum extent permitted by applicable law, in no event shall SMINKFIT INCORPORATED be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service.
To the maximum extent permitted by applicable law, SMINKFIT INCORPORATED assumes no liability or responsibility for any:
Errors, mistakes, or inaccuracies of content.
Personal injury or property damage of any nature resulting from your access to or use of our Service.
Any unauthorized access to or use of our secure servers and any personal information stored therein.
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these pages periodically. When we materially change the Terms, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our Service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the Website or the Service.
You agree to receive from time to time promotional messages and materials from us by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please notify us at any time.
These Terms, the rights and remedies provided hereunder, and any claims and disputes related hereto and to the services shall be governed by, construed under and enforced in all respects solely and exclusively under the internal substantive laws of Hamilton, Ontario, Canada without regard to its conflict of laws principles. Any such claims and disputes shall be brought in, and you now consent to them being decided exclusively by a competent court in Hamilton, Ontario, Canada. The application of the United Nations Convention of Contracts for the International Sale of Goods is now expressly excluded.
DISCLAIMER – MEDICAL
We are not a medical organization, and we do not and cannot give or purport to give you any medical advice or assistance in whatever form. Nothing on our Website or anything associated with it should be taken or understood as medical advice or Service, nor should it be interpreted in substitution for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or help from qualified practitioners for your particular circumstances and needs.
You are solely responsible for evaluating and assessing your health and wellbeing and whether, in all the circumstances, you should access and use the Website and participate in the System and its products and services. We encourage you to seek appropriate medical advice or assistance before embarking on any use of the Website, the Program and its products or services.
You agree that neither we nor any of our affiliates, service providers and suppliers warrant or make any representation about the contents, products, services, or offers referred to in the Website, and specifically do not make any representation about the risks, results, reasonableness, or accuracy or otherwise of such contents, products, services or offers and your use of the Website, the Program or its products and services, is at your sole risk.
You should consult your physician or other healthcare professional before starting this or any other fitness program to determine if it suits your needs. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. Do not start this fitness program if your physician or health care provider advises against it. You should stop immediately if you experience faintness, dizziness, pain or shortness of breath at any time while exercising.
This Site offers health, fitness and nutritional information, and you should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. You should always consult with a physician or other healthcare professional if you have any concerns or questions about your health. Do not disregard or delay obtaining medical or health related advice from your healthcare professional because of something you may have read on this Site. The use of any information provided on this Site is solely at your own risk.
Developments in medical research may impact the health, fitness and nutritional advice that appears here. No assurance can be given that the advice on this Site will always include the most recent findings or developments concerning the particular material.
DISCLAIMER – GENERAL
Although We intend to take reasonable steps to prevent the introduction of viruses, worms, "trojan horses," or other malicious materials to www.mpowered.fit, We do not guarantee or warrant that www.martafowler.fit or anything that may be downloaded from www.mpowered.fit will not contain malicious materials of that type. You acknowledge and agree that We are not liable for any damage or harm that you or a third party suffers or incurs and is attributable to any malicious materials. If you rely on www.martafowler.fit and anything available through www.martafowler.fit, you do so solely at your own risk.