Terms
of Use

Find a Professional

Welcome to repscanada.com (the "Website"). By accessing and using the Website you, the user (hereinafter referred to as "you" or the "user") agree to these terms of use.

IT IS IMPORANT THAT YOU REVIEW THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS SET FORTH BELOW, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEBSITE IN ANY WAY. YOU MUST EXIT THE WEBSITE IMMEDIATELY.

"We", "us" and "repscanada" are references to Canadian Fitness Professionals Inc. operating as repscanada.

A. Availability

repscanada makes no guarantees regarding the availability of the Website or any services provided through the Website (the "Services") (including the availability of any given Service). repscanada reserves the right, in its sole discretion, to discontinue the Website or any Services on the Website and/or modify the contents of the Website or these Terms of Use as it sees fit, including but not limited to, the price for Services, descriptions, and other e-commerce related information and/or functionality. You agree that repscanada will not be liable to you for any such discontinuance or modification of the Website or the Services.

B. Authorized Use

repscanada grants the user a limited license to access and make personal use of the Website for purposes and uses that are legal and that are otherwise permitted by these Terms of Use. repscanada grants you permission to store a reproduction of User Content on your local computer for the purpose of viewing it and/or to print hard copies of User Content for personal, non-commercial use only. Other than as specifically provided herein, you are not authorized to download or modify the Website or any portion of it, except with express, prior written consent of repscanada. This license does not include and specifically prohibits any resale or commercial use of the Website or its contents, any derivative use of the Website or its contents, or any use of data mining, robots, or similar data gathering and extraction tools.

C. Linking (To & From) the Website; Advertisers

repscanada may, from time to time, provide via the Website, links to other websites or resources and/or advertisements or other such promotional materials for third-parties. repscanada is not responsible for and in no way guarantees or endorses: (a) the availability of linked-to sites or resources; (b) the accuracy, value, or completeness of any content available at or through the linked-to sites; (c) the goods or services offered via these third-party sites.

Accordingly, the user acknowledges and agrees that repscanada shall not be responsible or liable to the user in any manner, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content of any linked-to websites and/or the quality of any goods or services offered by or through any linked-to third-party site.

D. Privacy Policy

repscanada takes your privacy seriously. The repscanada Website Privacy Policy, available via the following URL link, addresses and governs privacy and information collection and use issues: http://www.repscanada.com/privacy.php. Please note, however, that information sent or received over the Internet is generally unsecure and repscanada makes no representation or warranty concerning the security of any communication made using the Website or any interception by third parties of personal or other information contained in such communications.

E. Appropriate Use of Website

(1) You are responsible for all of your communications and postings, including, but not limited to, information regarding your credentials and certifications ("User Content"). You agree that you will not upload, post, e-mail, or otherwise transmit to the Website or to any other user any messages, programs, or other materials (including, but not limited to, Trojan Horses, viruses, worms, and the like) that contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or telecommunications equipment or collect or mine information about this site or other users. You agree not to send communications or make postings that infringe upon or breach another party's intellectual property rights, contract rights or other rights. repscanada is not responsible for any User Content or actions or omissions in response to User Content.

(2) The purpose of the Website is to help the public identify if a fitness professional has particular credentials and certifications. repscanada makes every effort to ensure that all of the information posted on the Website is accurate and valid. However repscanada makes no representation or warranty as to the accuracy, reliability or completeness of any User Content on the Website, and accepts no liability or obligation with respect thereto. If you believe any content to be inaccurate please contact us by email at info@repscanada.com and we will take the appropriate action as soon as possible.

(3) You may not, and you agree that you will not, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website. You may not violate or attempt to violate the security of the Website, including, without limitation, unauthorized access to data; circumventing authentication mechanisms; or interfering with the Website in any way. You may not use any engine, software, tool, agent or other device or mechanism (including but not limited to, browsers, spiders, avatars or BOTs/intelligent agents) to navigate or search the Website other than as provided through the Website and/or a standard third party browser (e.g., Microsoft Explorer, Firefox, Chrome, Safari, etc). You may not "frame" this Website or display the Website's content through any other URL or in conjunction with another company name or trademark. You shall not copy the HTML code that repscanada creates to generate its webpages.

F. Disclaimer of Warranties; Limitation Of Liability

1. Warranties Disclaimed
NEITHER REPSCANADA NOR ANY OF ITS SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS, ASSIGNEES, OR AGENTS WARRANT THAT THE SERVICES OR THE INFORMATION PROVIDED VIA THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS IS EXPRESSLY SET FORTH ELSEWHERE HEREIN, THE SERVICES ARE MADE AVAILABLE "AS IS," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHERWISE, ALL SUCH WARRANTIES BEING EXPRESSLY DISCLAIMED. TO THE EXTENT ALLOWED BY LAW, NEITHER REPSCANADA NOR ANY OF ITS SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS, ASSIGNEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY ARISING OUT OF OR RELATED TO (A) YOUR USE OF THE WEBSITE OR SERVICES, (B) THE OPERATION OR MALFUNCTION OF THE SERVICES, OR (C) ARISING IN ANY WAY FROM OR RELATING TO YOUR PURCHASE OF REPSCANADA PRODUCTS OR SERVICES (OR ANY OTHER PRODUCTS OR SERVICES) VIA THE WEBSITE, AND, REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AS TO (A) THROUGH (C).

2. Limitation of Liability
TO THE EXTENT ALLOWED BY LAW, REPSCANADA, ITS SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS, ASSIGNEES, OR AGENTS SHALL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR UNAUTHORIZED THIRD-PARTY ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF, ANY INFORMATION CONTAINED ON THE WEBSITE THROUGH ACCIDENT OR THROUGH FRAUDULENT OR WRONGFUL MEANS OR DEVICES. IN ANY EVENT, THE LIABILITY OF REPSCANADA, ITS SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS, ASSIGNEES, OR AGENTS TO YOU OR ANY OTHER USER FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO AND SHALL IN NO EVENT EXCEED THE SUM OF ONE-HUNDRED DOLLARS ($100.00) OR, IN THE EVENT THAT YOUR DISPUTE OR CLAIM ARISES FROM YOUR PURCHASE OF SERVICES VIA THE WEBSITE, THE COST OF SUCH DISPUTED SERVICES (I.E., THE AMOUNT YOU PAID TO REPSCANADA FOR SUCH SERVICES). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, NON-INFRINGEMENT, AND OTHER CAUSES OF ACTION OR ALLEGATIONS.

NOTE: SOME JURISDICTIONS EITHER DO NOT ALLOW OR OTHERWISE LIMIT THE PERMISSIBLE SCOPE OF DISCLAIMERS AND LIMITATIONS SUCH AS THOSE APPEARING IN THE TWO PRECEDING PARAGRAPHS. ACCORDINGLY, SOME OF THE LIMITATIONS AND DISCLAIMERS APPEARING THEREIN MAY NOT APPLY TO YOU.

G. Indemnification

You agree to indemnify, defend, and hold harmless repscanada, its service providers, information providers, licensors, employees, officers, directors, assignees, or agents and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability, including, without limitation, reasonable legal fees, on a solicitor and client basis, to the extent that such action is based upon a claim that: (i) if true, would constitute a breach of any of your representations, warranties, or agreements hereunder; (ii) arises out of or relates to your use of the Website and/or (iii) arises out of your negligence, willful misconduct, or other breach of this Agreement.

H. Registration and Account Information

To use certain features of the Web site, you will need to register with the Website. On registration, you will be provided with a username and password. You agree (i) to provide true, accurate, current and complete information in the registration form; (ii) that you are responsible for all use of the Website under your password or account; (iii) that you will maintain your username and password as confidential and will not permit any other party to use your username or password; and (iv) to promptly notify repscanada of any unauthorized use of your username or password.

I. Severability

In the event that one or more of the words, phrases, sentences, clauses, sections, subdivisions or subparagraphs contained herein shall be held invalid, this Agreement shall be construed as if such invalid portion had not been inserted. In the event that any invalid language is severed under this paragraph, the severed language shall be the minimum possible such that the severance of the unit results in a valid provision (e.g., a single item in a list will be severed rather than the entire list, a clause will be severed rather than the entire sentence, etc.).

J. Entire Agreement

This Agreement sets forth and contains the entire agreement with regard to the matters set forth herein between you and repscanada. There are no promises, terms, conditions, or obligations other than those contained herein. This Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between and among the parties with respect to the subject matter hereof (Website access and use).

K. Choice Of Law

This Agreement, and any disputes arising from, relating to, or touching upon the Agreement and/or the subject-matter hereof, shall be construed under and governed by the laws of the Province of Ontario, Canada. All contracts resulting from or relating to this Website, as well as all information and advice provided herein, shall be deemed to been formed, entered into, executed, and/or given/communicated in the Province of Ontario.

L. Venue; Personal Jurisdiction; Service of Process

Any action at law, suit in equity, or other judicial proceeding concerning, relating to, or touching upon in any way this Agreement or the subject-matter hereof, shall be brought or commenced, if at all, only in the courts of the province of Ontario. By accessing and using the Website, you (and any person or entity on whose behalf you act) hereby submit to personal jurisdiction in Ontario in any action by or against you and waive and release now and forever any defense to that assertion of jurisdiction that might otherwise exist. You (and any person or entity on whose behalf you act) agree to service of process for any claim arising out of or related to these Terms of Use via a national private carrier (e.g., FedEx, UPS) or electronic mail (in repscanada’s discretion), and hereby waive personal service.

M. Headings For Convenience Only

The headings used herein are for convenience only. The headings do not purport to define, limit, or extend the scope or intent of the language of the sections and the paragraphs to which they pertain.

N. Waiver

The waiver by one party of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach of the same or any other provision by the other party. The failure of a party at any time to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same.

O. repscanada Marks & Material

The Website contains copyrighted material, trademarks and other proprietary information which may include text, software, photos, video, graphics, music and sound. The entire contents of the Website are subject to copyright laws. repscanada owns or has a license to all copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law or expressly allowed herein, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of repscanada and the copyright owner, if other than repscanada. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any such ownership rights by downloading copyrighted material or otherwise using the Website. Without the owner's prior written permission, you agree not to display or use in any manner (other than as set forth in this Terms of Use), any trademarks or content found on the Website.

P. Contact

Please direct all inquiries and other communications relating to the Website and/or the Services to:

repscanada
110-225 Select Avenue
Toronto, Ontario M1X 0B5
or by email to: info@repscanada.com

Q. Local Laws

You warrant and agree that your access to and use of the Website is in compliance with the laws governing such access, use, and related conduct in your geographic region.

R. Prohibited Conduct

Use of the Website or the corresponding Services for any use or reason other than the intended and permissible uses described or implied herein is expressly prohibited. Any such misuse may constitute violation of provincial and federal civil and criminal laws and may result in civil and/or criminal prosecution.

Furthermore, without limiting other remedies, repscanada may immediately issue a warning and/or temporarily or indefinitely suspend or terminate your privilege to use and access the Website if you: (1) breach these Terms of Use; and/or (2) take any action that repscanada believes may result in legal liability for you, for repscanada, or for other Website users. repscanada reserves the right to deny access to the Website and/or any elements of the Website to any person at any time and for any reason, as allowed by law.