MaintainMomentum.com

Terms and Conditions

This Website, and any other URLs and Websites administered by Maintain Momentum Inc. and its affiliates, including any applications available therefrom (collectively, the “Website”) are offered by Maintain Momentum Inc. and its affiliates (collectively, “Maintain Momentum” or “we” or “us”) to you, the user, subject to your acceptance of all the terms and conditions set forth below (“Terms of Use”). The terms “you” and “user” refer to all individuals and entities that access the Website.

By your affirmative actions of registering for and/or using the Website, you signify your agreement to these Terms of Use, to our Privacy Policy (available at www.maintainmomentum.com) and your agreement to communicate with us electronically. If you do not agree to all of these terms and conditions, do not register for or use this Website.

At Maintain Momentum, we respect your privacy and believe you should be informed about how we collect, use and disclose your personal information. Our Privacy Policy is available at www.maintainmomentum.com.

Modifications to the Terms of Use

We may make changes to the Terms of Use from time to time. A link to the most current Terms of Use will be available on the Maintain Momentum Homepage at www.maintainmomentum.com. In the event of significant changes to the Terms of Use, we may also place a special notice on the Maintain Momentum  Website, www.maintainmomentum.com or communicate the changes by email. Your continued use of the Website following the posting of such changes constitutes your acceptance of any such changes. If you do not agree with these Terms of Use, or any revised versions thereof, you may not use the Website.

Age and Eligibility

In order to use the Website, you must be at least 18 years of age or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age. Individuals who are under the age of 18 or the legal age to form a binding contract in their jurisdiction (“Minors”) are prohibited from using the Website. Accordingly, if you are a Minor, please do not attempt to register for the Website or send any information about yourself to us, including your name, address, telephone number or email address. In the event that we learn that we have collected personal information from a Minor, we will delete that information as soon as reasonably practicable. If you believe that we might have any information from or about a Minor, please contact us at support@maintainmomentum.com. You represent that the information that you provide about yourself (including your age) as requested in any account registration form (the “Registration Data”) is accurate and complete.

The Website should not be used by people who have adverse medical or nutritional conditions. See “Precautions” below.

Agency

You represent that you are using the Website for its intended purpose. If you are registering or using the Website on behalf of a company or other organization, you represent that you have authority to bind your employer by your actions.

Precautions

Content found on the Website is for informational purposes only and is not intended to replace the relationship with your physician, medical provider, any other health care professional or other provider of service to you. We are not a licensed medical care provider and have no expertise in diagnosing, examining or treating medical conditions of any kind or in determining the effect of any specific technique, strategy or exercise on a medical condition. You should always consult a physician or other health care professional before starting a fitness program, changing your diet or if you have any questions regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website. Maintain Momentum requires that you consult with your physician or other healthcare professional before following any training instructions you receive through the Website. Not all exercises or activities described on the Website are suitable for everyone. You should understand that when participating in any exercise or training program, there is the possibility of injury and/or death. If you think you may have a medical emergency, call your physician or 911 immediately. If you feel discomfort or pain, immediately stop the activity causing such discomfort or pain. The Website should not be used by people who have adverse medical or nutritional conditions. By using the Website, you represent that you have received consent from your physician or healthcare provider to participate in the programs and exercises described on the Website.

We are not responsible for any health problems that may result from training programs, products or events you learn about through the Website. If you engage in any program you receive through the Website, you agree that you do so at your own risk and are voluntarily participating in these activities.

Information on the Website

We try to provide helpful and accurate information on the Website, but we cannot verify, endorse or vouch for the information, services or recommendations available through the Website. We are not responsible for the accuracy, reliability, effectiveness or correct use of information you receive through the Website. Reliance on any information provided by Maintain Momentum, its employees or others appearing on the Website by invitation or as visitors is solely at your own risk.

User Generated Content

Subject to terms set forth in the Privacy Policy with respect to Private User Generated Content and Public User Generated Content, you hereby grant to Maintain Momentum a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of and otherwise use and commercially exploit any text, photographs or other data and information you submit to the Website (collectively, “User Generated Content”) in any media now existing or hereafter developed, including without limitation on Websites, in audio format and in any print media format (the “User Generated Content License”). “User Generated Content” includes but is not limited to content posted on Message Boards, Initiative posts, Community posts and blogs, Success Stories and user comments. Subject to the terms and conditions set forth in the Privacy Policy with respect to Private User Generated Content and Public User Generated Content, you hereby waive any rights of publicity and privacy with respect to the User Generated Content and any other legal or moral rights that might preclude Maintain Momentum’s use of the User Generated Content or require your permission for Maintain Momentum to use the User Generated Content. You agree not to assert any claim, whether based on tort, contract or other legal theory, against Maintain Momentum or its sub-licensees relating to Maintain Momentum’s or its sub-licensees’ use of the User Generated Content that is in accordance with the terms and conditions set forth in this Terms of Use and the Privacy Policy and you hereby release Maintain Momentum and its sub-licensees from any such claims. You represent that your User Generated Content: (1) will not infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary rights; (2) will not violate any law, statute, ordinance or regulation; (3) will not be obscene or contain child pornography; (4) will not contain any viruses, worms, time bombs or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (5) will not violate any third party’s rights of publicity or privacy; and (6) will not be defamatory, unlawfully threatening or harassing, harmful to minors in any way or otherwise offensive or inappropriate. You are responsible for complying with all laws applicable to your User Generated Content.

Registration and Password

You are responsible for maintaining the confidentiality of your login information and password. You shall be responsible for all uses of your login information, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your login information or password. You grant Maintain Momentum the right to use your information in connection with the operation of the Website. Maintain Momentum cannot and does not assume any responsibility or liability for any information you submit or your or third parties’ use or misuse of information submitted.

You represent that the information that you provide about yourself as requested in the Maintain Momentum  registration form (the “Registration Data”) is accurate and complete and you agree to update your account information, as necessary, including providing Maintain Momentum with your current email address, so that you may receive notifications and other account-related communications.

Ownership of the Website

Except for the User Generated Content, the Website and all aspects thereof, including all content and applications available via the Website, and all copyrights, trademarks and other intellectual property rights therein, are owned by Maintain Momentum or its licensors. You acknowledge that the Website and any underlying technology used in connection with the Website contain Maintain Momentum’s intellectual property and proprietary information. You may not reproduce, distribute, modify or create derivative works of, publicly display (including by framing any content) or commercially exploit any part of the Website, including any applications available via the Website, except as necessary to view the content on the Website or use an application available via the Website and create a reasonable number of copies of portions of such content and applications (without modification) for your personal, non-commercial use. All rights in the Website not expressly granted by Maintain Momentum to you are retained by Maintain Momentum and its licensors.

If you violate any of these Terms of Use, your permission to use the Website automatically terminates and you must immediately destroy any copies you have made of any portion of the Website.

Email Rules

Some of our users will make their email addresses available if they wish to converse with other users with similar interests or goals. If you use this information, you agree not to transmit “spam” or other unwanted solicitations or any material that is harassing, threatening, offensive, obscene, abusive, harmful, defamatory, invasive of another’s privacy, infringing on another’s intellectual property rights or illegal. Users found using email information in this manner may be stripped of their enrollment. We are not responsible for the content of email messages sent to you by our users or from third parties.

Community Pages

There are several areas on the Website on which users may post information, including Message Boards, Initiatives blogs and Community Forums. Any information posted to the Community Pages can be viewed by members who visit the Website. Maintain Momentum does not endorse any information posted on the Community Forums and posts made by users do not necessarily reflect the views of Maintain Momentum. Information on the Community Forums should not be taken as medical or professional advice and we are not responsible for such information or for editing any factual errors or making any type of corrections to such information. Any action taken by you based on information presented on the Community Forums is at your own risk.

In using our Community Forums, you agree to follow our Community Guidelines which include the following provisions:

Respect everyone’s opinions. Even though you might not agree with someone, that doesn’t mean they are wrong or deserve to be belittled. Remember that what works for you may not work for everyone else. Give everyone the same courtesy you would expect in return.  Do not post profane or explicit content. Do not post profile pictures that might be considered inappropriate. Do not post communications that could be interpreted as threatening or harassment. Do not post, advertise or promote products commercially. If you have started a thread (such as a journal) that you want to close, please post a message indicating "THREAD CLOSED." We may determine in our sole discretion whether to close or delete threads.  Maintain Momentum has the right to remove a post on the Community Forum if it does not meet these standards or for any other reason Maintain Momentum deems appropriate.

User Disputes

Your communications, dealings or meetings with any other users on the Website, including communications, dealings or meetings initiated through the Website, are solely between you and such users and you are solely responsible for such communications, dealings or meetings. Maintain Momentum reserves the right, but has no obligation, to monitor disputes between you and any other users on the Website. Maintain Momentum is not responsible or liable in any manner for any loss or damage arising out of your communications, dealings or meetings with any other users.

Copyrighted Materials

When referring to news reports or articles in your posts on the Website, including references to reports and articles appearing on other sections of the Website, please post only a few sentences for the reader’s information and reference and include a link to the rest of the content on the original site. Do not post articles, news reports, photographs, graphics, images, audio or other copyrighted material in their entirety (or substantial portions thereof) unless you have obtained written permission from the relevant copyright owner(s). Any unauthorized posting of any of the foregoing to the Website may violate copyright laws, trademark laws, the laws of privacy and publicity and/or civil and criminal statute and you will be responsible for any liability arising from such violations.

User Indemnification of Maintain Momentum

Upon request by us, you agree to defend, indemnify and hold Maintain Momentum and its partners, affiliates, service providers, licensors, officers, directors, employees and agents harmless from and against any and all losses, liabilities, damages and costs, including but not limited to reasonable legal and accounting fees, arising from any claims, actions or demands related to or alleged to relate to: (a) your use of the Website, including any User Generated Content you post, store, reproduce, display or distribute via the Website and any meeting you arrange via the Website; (b) your violation of the Terms of Use; or (c) your violation of any intellectual property or other third party rights or any applicable law in connection with your use of the Website. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

User Conduct

If we determine that any user is not using the Website responsibly, we have the right (but not the obligation) to remove, edit, block or delete such user’s transmissions, User Generated Content or use of the Website. We also have the right (but not the obligation) to suspend or terminate your access to and use of Community blogs or other parts of the Website or delete information you have posted to the Website without prior notice if you engage in any conduct that we believe, in our sole discretion: (a) violates any provision of the Terms of Use, (b) violates the Community Guidelines, (c) is offensive to other users, (d) violates the rights of Maintain Momentum or third parties, or (e) could cause Maintain Momentum liability. Without limiting the foregoing, upon any termination of your registration or access to the Website, we may delete all User Generated Content and other information related to your Community blogs. If Maintain Momentum suspects that your Registration Data is inaccurate or incomplete, we may suspend or terminate your registration.

Changes to Website

Maintain Momentum may change or discontinue, temporarily or permanently, any feature or component of the Website at any time without further notice. You agree that Maintain Momentum shall not be liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Website.

Third Party Websites

The Website may provide links or references to Websites operated by third parties. We do not monitor or investigate such Websites and we are not responsible for the content, functionality or practices of such Websites. Inclusion of links to third party Websites on our Website does not imply approval or endorsement of the linked Website by us. If you decide to leave our Website and access these third party Websites, you do so at your own risk. Maintain Momentum suggests that you read the Terms of Use and Privacy Policies (if any) on those third party Websites. You agree that Maintain Momentum has no liability for any damage or loss of any type that is a result of your use of a third party Website.

Content and Warranty Disclaimer

THE WEBSITE IS PROVIDED BY Maintain Momentum AND ITS AFFILIATES “AS IS.” NEITHER Maintain Momentum NOR ITS PARTNERS, SUPPLIERS OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, ITS CONTENTS, APPLICATIONS AVAILABLE VIA THE WEBSITE OR DOWNLOADED THEREFROM OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE WEBSITE. IN ADDITION, Maintain Momentum AND ITS PARTNERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE WEBSITE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, Maintain Momentum DOES NOT WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.

Limitation of Liability

IN NO EVENT WILL Maintain Momentum BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT Maintain Momentum HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF Maintain Momentum, ARISING FROM OR RELATING TO THE WEBSITE (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G.: CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY) IS LIMITED TO $100. Maintain Momentum’s AFFILIATES, PROVIDERS AND PARTNERS HAVE NO LIABILITY WHATSOEVER ARISING FROM THE WEBSITE. In some locations, applicable law may not allow certain of the limitations described above, in which case such limitations may not apply to you.

Electronic Contracting

Your affirmative act of using this Website and/or registering to the Website constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically.

General

The Terms of Use and the resolution of any dispute related to the Terms of Use or the Website shall be governed by and construed in accordance with the laws of Ontario, Canada without respect to its conflict of laws and principles. You shall bring any legal action or proceeding against Maintain Momentum related to the Website exclusively in a Provincial Court of competent jurisdiction sitting in Ontario and you agree to submit to the personal and exclusive jurisdiction of such courts. If any provision(s) of the Terms of Use is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Maintain Momentum’s failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by Maintain Momentum in writing. These Terms and Conditions constitute the entire agreement between you and Maintain Momentum with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party and any attempt to do so is void.

If you would like to request additional information regarding these Terms of Use, please contact us at support@maintainmomentum.com.

At Maintain Momentum, we respect your privacy and believe you should be informed about how we collect, use and disclose your Personal Information (as defined below). This Privacy Policy describes our practices regarding how we use and share Personal Information and other information that we collect on the Website with third parties.

By using or accessing the Website, you agree to the terms of this Privacy Policy. Capitalized terms not defined in this Privacy Policy have the meanings set forth in the Terms of Use.

The Website may provide links or references to Websites operated by third parties. Once you enter another Website, please be aware that Maintain Momentum is not responsible for the privacy practices of these other sites. We encourage you to review the privacy policies of each site that you visit through a link on our Website.

Modifications to the Privacy Policy

We may make changes to the Privacy Policy from time to time. A link to the most current Privacy Policy will be available on the Maintain Momentum  Homepage at www.maintainmomentum.com. In the event of significant changes to the Privacy Policy, we may also place a special notice on the Maintain Momentum  Website, www.maintainmomentum.com or communicate the changes by email. Your continued use of the Website following the posting of such changes constitutes your acceptance of any such changes. If you do not agree with this Privacy Policy, or any revised versions thereof, you may not use the Website.

Age Requirement

In order to use the Website you must be at least 18 years of age or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age. Please see the Terms of Use for additional information regarding this and other requirements regarding eligibility.

Personal Information

We may collect your name, address, email address, telephone number and other contact information in connection with the Website (“Personal Information”). We may ask you to submit Personal Information at various places on our Website, including: by providing Registration Data, by subscribing to a service or by submitting feedback. We do not share your information with third parties except as set forth in this Privacy Policy.

We use your Personal Information to contact you or send you information that you have requested or that we feel will be of interest to you. We may contact you via phone, email or postal mail. We generally provide an option for you to choose not to receive these types of communications (see below). However, even if you request not to be contacted by us, we reserve the right to use your contact information if we consider it necessary to send you information about the operation of the site, including information regarding the services you have signed up for on the Website, or information about changes to our Privacy Policy.

If you do not want to receive special offers, marketing communications, newsletters or other promotional communications (“Marketing Communications”) from Maintain Momentum, you may “opt-out” or withdraw your consent in the following manners:

(a) You may “opt-out” of Marketing Communications that you are already receiving from us by following the steps described in each such Marketing Communication.

(b) You may also control the communications you receive from us by logging into your Account and updating your email Notification Settings.

Please note that once we receive your request, it may take an additional period of time for such request to become effective. Also note that after you “opt-out”, Maintain Momentum may still send you certain communications that are not primarily for marketing purposes and that Maintain Momentum deems important for all Website users to receive, such as notifications regarding technical problems with the Website.

User Generated Content

You may elect to submit User Generated Content via the Website. If at any time you share User Generated Content on areas of the site that are generally only accessible to other Website users, such content is considered “User Generated Content.”

You have control over what information about yourself you choose to share on the Website.

We may use User Generated Content in accordance with the User Generated Content License set forth in the Terms of Use, provided that (i) we will not distribute or display your User Generated Content other than in the areas of the Website to which you have submitted such content and (ii) if we distribute Public User Generated Content to third parties for publication in print media, we will not associate your Personal Information with such Public User Generated Content.

Content without your Permission

You may modify or delete your User Generated Content in accordance with the instructions on the Website. Please be aware that even if Maintain Momentum deletes such User Generated Content from its ‘live’ databases, such information may still be stored on other databases (including those kept for archival purposes). We will not retrieve deleted content from our archives in order to publish it on the Website or elsewhere, but please be aware that any Public User Generated Content that you delete but that has been published or distributed in media other than the Website prior to deletion may remain publicly available on areas other than the Website in accordance with the User Generated Content License.

Website Usage Information

We may collect information automatically about the use of the Website, through “cookies” or “IP addresses”, for example (as described below). Maintain Momentum also archives log files and uses non-personally identifying information in aggregate form to detect errors with the Website, identify security issues, to build higher quality, more useful online services by performing statistical analyses of the collective characteristics and behaviour of Maintain Momentum users and measure demographics and interests in connection with specific areas of the Website. We may provide such statistical data to our affiliates and other current and potential business partners. For example, we may inform these third parties as to the number of people who have seen and clicked on links to their Websites. We also use such data to create a more enjoyable experience for our users, for example, to assist in selecting content featured on specific pages and site areas based on your general likes and dislikes.

“Cookies” are small files that Websites place on your hard drive that allow them to identify you. For example, if you allow a Website to remember your login name or password, the Website places a cookie on your computer. Cookies cannot read any other information on your hard drive. We may place cookies on your computer to allow us to identify you when you visit the Website. We may also use cookies to measure Website traffic, to offer you certain services or to customize your visit. However, if you do not wish to receive cookies, or want to be notified of when they are placed, your browser may permit you to do so. An “IP address” is a number that is automatically assigned to your computer when you use the Internet. In some cases, your IP address stays the same from browser session to browser session; but if you use a consumer Internet access provider, your IP address probably varies from session to session.

Use of Contractors and Service Providers

Maintain Momentum uses third parties (including contractors and service providers) to help with certain aspects of its operations, which may require disclosure of your Personal Information to them. For example, Maintain Momentum may use a third party to communicate with you (via telephone, email or letter) about our services, to send information to you, to host the Website and related databases and to perform other work that we may choose to outsource. Maintain Momentum requires these third parties to use your Personal Information only as necessary to perform the services they are asked to perform.

Corporate Family

We may share some or all of your Personal Information with any current or future “affiliate” (which means a parent company, a subsidiary, joint venture or other company that controls, is controlled by or is under common control with Maintain Momentum), in which case we will require the affiliate to honour this privacy policy. If another company acquires Maintain Momentum (or a business unit of Maintain Momentum that uses your Personal Information), the Personal Information collected by Maintain Momentum will be transferred to that company and it will assume the rights and obligations regarding your Personal Information as described in this Privacy Policy.

Security

We use a combination of multiple firewalls and multiple levels of physical security to protect the Personal Information you share with us from unauthorized access or disclosure. We encrypt your password when it is submitted to us in order to protect the Personal Information you share with us from unauthorized access or disclosure. However, you should know that no company, including Maintain Momentum, can fully eliminate security or other risks associated with the possession of Personal Information. For example, we may be legally required to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. You are responsible for maintaining the confidentiality of your login information and password.

I have read the Terms of Service and Privacy Policy