These terms of use ("Terms of Use") govern your use of Top10 Workouts, Top10Workouts.com ("Site"), which is owned by 21 Entertainment Group Inc. ("we", "us," or "our"). Please read these Terms of Use before you use this Site. By using this Site, you have agreed to abide by the terms of these Terms of Use.
We may at any time, make changes to the terms of these Terms of Use. By continuing to use this Site, you accept and agree to these Terms of Use, as modified.
Proprietary Rights
All materials on this Site, including and without limitation; names, logos, trademarks, images, text, columns, graphics, photographs, illustrations, artwork, software and other elements on this Site (collectively, "Content"), are protected by copyrights, trademarks and other intellectual property rights owned and controlled by us and/or by other parties that have licensed and/or provided their material to us.
You acknowledge and agree that all Content on this Site is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Site, no Content may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without our prior express written permission.
To request permission from us, send a written request to: Top 10 Workouts, 5-21 Camden Street, Toronto, ON M5V 1V2 Attention: Top 10 Workouts, or send an e-mail us at info@Top10workouts.com.
Registration for Certain Features
As a Trainer, if you are selected to create an account as a member of Top 10 Workouts; and to access and to offer services through this Site, you agree to the following:
(a) To provide true, accurate, and complete information about yourself as prompted by the registration process
(b) To maintain and update your account information in order to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that your account information is falsified, inaccurate or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of this Site (or any portion thereof). You acknowledge and agree that we may send you important information and notices regarding your account and this Site by e-mail or other means based on the information you provide to us. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate account information, including, but not limited to, your failure to receive critical information about this Site.
You are solely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Top 10 Workouts immediately of any unauthorized use of your account or password, or any other breach of security.
Please note: you may be held liable for any losses incurred by Top 10 Workouts or any user of or visitor to this Site due to someone else using your user name, password or account.
In order to use certain features of this Site, you may be required to install or use equipment and software. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with the operation of this Site or any portion thereof. Any equipment or software causing interference will be immediately disconnected and disabled and we reserve the right to immediately terminate your right to use and access this Site.
If any upgrade in or to this Site or any feature requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augments or enhances the current Sites, including the release of new products and services, shall be subject to the Terms of Use of this Agreement.
Ordering Products and Services
As a visitor, you may order Top 10 Workout products and services through this Site. All orders you make through this Site are subject to the availability, terms, and other conditions that apply to the particular products and services at the time you place your order. All products and services, their contents, availability, and pricing are subject to change at any time with or without notice. Please fully read the terms and disclaimers accompanying any products or services that you order through this Site.
Product Information
For questions about the products on this Site, please use the customer service e-mail links found on each product page or section. For questions about orders placed through the Site, please email us at info@top10workouts.com
Order and Payment Information
If you use the Site to purchase a product, payment must be received by Top 10 Workouts prior to Top 10 Workouts' acceptance of an order, unless otherwise agreed by Top 10 Workouts. Top 10 Workouts may need to verify information you provide before Top 10 Workouts accepts an order, and may cancel or limit an order any time after it has been placed, including but not limited to the event that a product is listed at an incorrect price due to typographical or other error. If payment already has been made and your order is canceled or limited, Top 10 Workouts will refund any payment you made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. Top 10 Workouts expressly conditions its acceptance of your order on your agreement to the Terms.
In ordering products through the Site, you agree to provide only true, accurate, current, and complete information. You hereby certify that any e-mail account you provide to Top 10 Workouts is registered to you. Top 10 Workouts shall have the right to bar your access to and use of the Site if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to Top 10 Workouts. You agree that if you are ordering or purchasing products on behalf of a company, that you have sufficient authority to bind that company to the Terms. You agree that your placement of an electronic order on the Site is sufficient to satisfy the Statute of Frauds, and no further writing is required.
All prices displayed on the Site are quoted in U.S. dollars. Top 10 Workouts may prohibit delivery to addresses outside the United States and Canada. Top 10 Workouts will add shipping and handling fees and applicable sales/use tax. Top 10 Workouts reserves the right without prior notice to discontinue or change specifications and prices on products offered on the Site without incurring any obligation to you. Products displayed on this Site are available while supplies last. Descriptions of, or references to, products not owned by Top 10 Workouts on the Site do not imply endorsement of that product, or constitute a warranty, by Top 10 Workouts.
Submissions / Code of Conduct
Any notes, postings, ideas, suggestions, concepts, stories, photos or other material submitted through this Site via e-mail, on the message boards, in the chat rooms, or via any other means that we may create or provide in the future will become the sole and exclusive property of Top 10 Workouts throughout the world and we shall be entitled (without compensation to you or any third party) to use such material in perpetuity in any form and manner in any media, whether now known or hereafter devised, and you will not have any claim against us with respect to such use. You agree that, in the event you make a submission to us (including, without limitation, any postings on our message boards or in our chat rooms): (i) your submission is original with you and accurate, (ii) your submission does not violate, and its use will not violate, the rights of any third party or any applicable law or ordinance, and (iii) your submission is not pornographic, obscene, indecent, profane, threatening, harassing, hateful, intimidating, abusive, defamatory, tortuous, fraudulent, or otherwise objectionable in any way, and does not encourage conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including any right of publicity, right of privacy or any other proprietary right of another. If it is determined that you have, at any time, violated any of the foregoing provisions, you may thereafter be barred from submitting or posting any further material on this Site or from using or accessing our message boards or chat rooms.
You agree not to (i) use this Site, the Content, or any products or services included on or available through this Site for any unlawful purpose, (ii) restrict or inhibit any other user from using and enjoying this Site, including by means of disrupting the normal flow of dialogue, causing a screen to "scroll" faster than other users of this Site are able to type, hacking or defacing any portion of this Site, introducing any virus, worm, Trojan Horse, Easter Egg, time bomb, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or otherwise acting in a manner that negatively affects other users' ability to engage in real time exchanges; (iii) post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication or engage in spamming or flooding; (iv) impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or (v) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of this Site or any Content on this Site.
We reserve the right, but undertake no duty, to review, edit, move or delete any material provided for display or placed on this Site, in our sole discretion.
Privacy
We are committed to respecting your privacy and protecting your personally identifiable information. Any information we may collect through your use of this Site is subject to our Privacy Statement.
Intellectual Property Infringement Claims
We will cooperate with any law enforcement authorities and comply with any judicial order requesting or directing us to disclose the identity of anyone uploading, downloading, or posting materials, or otherwise using this Site in violation of any applicable federal, provincial, or local laws.
We respect the intellectual property of others. If you believe that your work has been copied in any way without your permission, please provide the following information to Receive Notification of Claimed Copyright Infringement identified below. Your notice must contain the following:
- An electronic or physical signature of the person authorized to act on behalf of the copyright owner whose work you claim has been infringed;
- A description of the work you claim has been infringed;
- Identification of the work you claim infringes the copyrighted work and a description of where it is located on this Site;
- Your address, telephone number and e-mail address;
- A statement by you that you have a good faith belief that the infringing use is not authorized by the copyright owner, the copyright owner's agent or by law; and
- A statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Health Disclaimer
This Site provides information relating to the following; diet plans, weight loss, fitness plans, and exercise equipment, thus, is intended only to assist users in their personal diet and fitness goals. Top 10 Workouts is not a medical organization nor can our staff give you medical advice or a diagnosis. Nothing contained or downloaded in this Site is to be construed as advice or diagnosis. The information provided by us should not be interpreted as a substitute for a physician’s consultation, evaluation, or treatment.
You are urged and advised to seek the advice of a physician before beginning any diet or fitness routine, particularly if you are pregnant, may come pregnant or have any pre-existing health condition.
Liability Release Agreement (Individual)
I hereby accept all risks associated with my Top10 Workouts training program and release and forever discharge 21 Entertainment Group Inc, Top10 Workouts and its respective heirs, directors, officers, agents, employees, representatives, successors and assigns, administrators, executors, and all others (“RELEASEES”) from any and all responsibilities or liability from injuries or damages resulting from or connected with my participation in any of the Workouts For You exercise programs whether arising from the negligence of the RELEASEES or otherwise.
- 1. I acknowledge and fully understand that I will be engaging in training activities that potentially involve the risk of serious injury or possibly permanent disability and death, and severe social and economic losses which might result not only from their own actions, inactions, or negligence, but the actions, inactions, or negligence of others, the condition of the premises or any equipment. Further, that there may be other risks not known or not reasonably foreseeable at this time.
- 2. I further acknowledge and understand that Top10 Workouts and its employees are not licensed dieticians and that any nutritional information or guidelines provided by Workouts For You carries no warranty of any kind, express or implied, including but not limited to warranties regarding safety or suitability for a particular purpose.
- 3. I hereby assume full responsibility for all the foregoing risks, known and unknown, and accept responsibility for the damages following any injury, permanent disability, or death.
- 4. I shall indemnify and hold Releasees harmless from any and all claims (including reasonable defense costs and attorneys’ fees) arising out of any bodily injury or death of any person, or damage to any property, to the extent caused by my negligence or willful misconduct.
This waiver and release agreement specifically embraces each and every event, activity or purchase sanctioned by said RELEASEES, and has the same effect as if executed after each and every sanctioned event, activity or purchase in which I participate so that the parties herein intended to be released shall be fully and effectively released as to each and every sanctioned event, activity or purchase.
To10 Workouts cannot guarantee that its products or workouts will be safe, effective or suitable for everyone. For that reason, all such products and services, and the programs, techniques and materials embodied in such products and services, are offered without warranties or guarantees of any kind, express or implied, and Top10 Workouts disclaims any liability, loss or damages that may result from their use.
Top10 Workouts is owned and operated by 21 Entertainment Group Inc.
Limitation of Liability
IN NO EVENT, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL TOP 10 WORKKOUTS OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITE; (II) THE USE OR INABILITY TO USE THIS SITE; (III) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO THE SAFETY OR FUNCTION OF ANY PRODUCT; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (V) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VI) OTHERWISE UNDER THIS AGREEMENT, EVEN IF TOP 10 WORKOUTS OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TOP 10 WORKOUTS' LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TOP 10 WORKOUTS FOR ANY PRODUCTS SUPPLIED BY TOP 10 WORKOUTS THROUGH YOUR USE OF THE SITE.
Top 10 Workouts will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including without limitation Internet outages, communications outages, fire, flood, or war.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
The terms of this section survive any termination of the Terms.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS.
YOU ACKNOWLEDGE THAT TOP 10 WORKOUTS DOES NOT CONTROL IN ANY RESPECT ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO TOP 10 WORKOUTS FROM THIRD PARTIES. EXCEPT AS OTHERWISE AGREED IN WRITING, TOP 10 WORKOUTS AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF CONTENT OR PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE. NOR DOES TOP 10 WORKOUTS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR ITS CONTENT.
CERTAIN WARRANTIES IN REGARD TO PARTICULAR PRODUCTS FOR SALE ON THE SITE MAY BE APPLICABLE THROUGH MANUFACTURERS' WARRANTIES, THOUGH NOT THROUGH TOP 10 WORKOUTS. SEE THE WARRANTIES INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS FOR FURTHER DETAILS REGARDING WARRANTIES PROVIDED BY MANUFACTURERS OF PRODUCTS AVAILABLE THROUGH THE SITE.
ALTHOUGH TOP 10 WORKOUTS STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, TOP 10 WORKOUTS DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, TOP 10 WORKOUTS DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.
TOP 10 WORKOUTS DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
The terms of this section survive any termination of the Terms.
Indemnification / Release
You agree to defend, indemnify and hold us, and our subsidiaries, partners, agents, affiliates, licensors, sponsors and advertisers and their respective officers, directors, shareholders, agents and representatives ("Released Parties") harmless from and against any and all claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys' fees) arising from your breach of any warranties, representations and agreements set forth in these Terms of Use, including, without limitation, your unauthorized use of any Content. By using this Site, or making any submissions to Top 10 Workouts whether or not through this Site, you are hereby agreeing to release the Released Parties from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to any products and services obtained or used through this Site or to any disputes regarding use of ideas and/or related materials submitted to Top 10 Workouts.
Miscellaneous
These Terms of Use shall be governed by and construed in accordance with the laws of the province of Ontario. These Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be modified or eliminated to the minimum extent necessary and the remaining provisions shall be enforced. These Terms of Use constitute the entire agreement between the parties hereto, and supersede any other agreement, promise, or practice between the parties relating to the subject matter hereto. We reserve the right to terminate your access to and ability to use this Site (or any portion thereof), at any time (with or without notice). No waiver by either party of any right hereunder shall constitute a waiver of this or any other right.
Contacting Us
Questions regarding these Terms of Use should be directed to Top 10 Workouts through one of the Contact Us forms you will find on this Site, or by sending an e-mail to info@top10workouts.com.
