ARM Systems Terms & Conditions
Last Updated on August 1st, 2017
INTRODUCTION

This Agreement sets forth the terms of purchase of Services (“Product/Program/Membership/Book/Event”) from ARM Systems Inc. These Services may include but are not limited to:

- ARM Mobile Subscriptions
- ARM Mobile Services

By placing your Order with ARM Systems Inc., by clicking “accept/purchase/pay now/complete order,” or by using the Services, you agree to be bound by this Agreement. If you do not agree with these terms, you should leave the ARM Systems Inc. website and discontinue use of the Services immediately.

In these terms and conditions, “We/us/our/[d/b/a]” means ARM Systems Inc. (herein referred to as ARM Systems). “You/your” means you as a user of the Website and/or Customer of the Program/Services.

THE SERVICES

ARM Mobile. The Services includes online personal training services designed to give clients effective fitness plans to follow as well as offering ongoing fitness support. The program content will be delivered either entirely online or with some additional in-person coaching sessions added and include: monthly fitness plans, online manuals, exercise videos, tracking software, a community Facebook group,  and/or other products and services as indicated on your Order form page. If your purchase includes an ARM Mobile subscription, you will use a unique username and password that should only be used by you to access the Content. Sharing log-in information, call-in numbers, passwords, and protected links with non-members is prohibited and will result in removal from the program without refund.

PAYMENT POLICY

Payment is required before beginning the program, as indicated on your Order form, and may be a one-time fee, or a monthly or other recurring fee, as applicable. Please check the details of your Order form or Order page for the information specific to your program. You agree to pay the amount agreed (including an additional fees on the Order form or Order page) and not to cancel this transaction with your bank or credit card company. ARM Systems is not responsible for any overdraft charges, over limit charges, or NSF fees charged by your bank or credit card company. Fees for Services may be pre-paid or by installment, as indicated on your Order form. Failure to make an installment payment will result in suspension or termination of the Services. ARM Systems does not guarantee any specific results from use of the Services. ARM Systems does not make any representations or warranties as to specific outcomes or results.

LIABILITY

You being aware of your own health and physical condition, and having knowledge that your participation in any exercise program may be injurious to my health, are voluntarily participating in physical activity with ARM Systems. Having such knowledge, you hereby release ARM Systems, their representatives, agents, and successors from liability for accidental injury or illness which I may incur as a result of participating in the said physical activity. You hereby assume all risks connected therewith and consent to participate in said program. You agree on my own behalf (and on behalf of my personal representatives, heirs, estate trustees or assigns to a) release, indemnify and discharge ARM Systems from any and all claims or causes of action (known or unknown) which may have arising out of negligence, and b) to indemnify and save ARM Systems harmless from any and all claims or causes of action (known or unknown) brought against them by any party arising out of your actions, including your negligence, while participating in my fitness program. You agree to disclose any physical limitations, disabilities, ailments, or impairments, which may affect my ability to participate in said fitness program.

NUTRITIONAL SUPPLEMENTS

The nutrition information provided by ARM Systems and its representatives is designed for and solely intended to be suggestion which may voluntarily be implemented into your diet. You understand that you are solely responsible for your choice to implement any dietary suggestions given. You also understand that any nutrition information provided is not intended to diagnose, treat, cure, or prevent any type of disease or condition and if you need specialized dietary planning to treat, cure, or prevent any type of disease or condition, you should consult with my medical doctor.

LENGTH OF SESSIONS & APPOINTMENT TIMES

Appointments will begin and end promptly as scheduled. Any delays to the start of a scheduled appointment will not be a cause of extended service beyond the remainder of the scheduled time. If you are 15 minutes late your session will be cancelled and you will be charged for that session. A delay to a scheduled session cannot change the session status to anything else except a whole session. There are no half sessions because of any delay.

CANCELLATION POLICY

Appointment times are reserved and cancellations must be made a minimum of 24 hours in advance prior to the start of the scheduled training session time. There are no refunds for missed appointments and it is your responsibility to attend appointments when they are scheduled. If a cancellation is not made by a minimum of 24 hours prior to the scheduled session you will be charged for the session. Likewise, a ‘no show’ counts as a session serviced and you will be charged accordingly. Every effort will be made to schedule make-up sessions according to the mutual availability of the client and trainer.

MEMBER AREA AND MASTERMIND COMMUNITY RULES

For each program the Facebook community is about sharing and growing with other members. There is absolutely no solicitation (selling or offering) of any kind to other members. You shall not sell any other programs or products or services to any other member (including your own). You shall not ask any other member to join other social networks, groups, or programs. If you are found in breach of these terms you will be removed from the program without refund.

REFUNDS, TRANSFERS, GUARANTEES, ET CETERA: 

At ARM SYSTEMS, all sales are final. Guarantees are not offered, and refunds are not issued. If you are dissatisfied with your experience for any reason, please contact Adam McDonald immediately at adam@armsystems.ca. All clients reserve the right to sell and/or transfer their contracts to others. Certain restrictions apply. Please inquire for details and assistance.

MEDICAL DISCLAIMER

Use of the Product or Program or Services covered by this Agreement and any content provided therein is at your own risk. ARM Systems and its employees and agents are not responsible for any physical or non-physical damages imagined, perceived, or otherwise sustained as a result of the use of the Product or Program or Services or any content provided as part of the Product or Program or Services.

RELATIONSHIP

Nothing contained in this Agreement shall be interpreted or construed to create a joint venture, partnership, employment or agency relationship of any kind.

MODIFICATION

ARM Systems may modify this Agreement from time to time and without notice. You agree to be bound by the terms of this Agreement and any future modifications when such modifications are posted to the ARM Systems website. You should review this Agreement regularly during the use of the Product or Program or Services to keep apprised of any changes.

ASSIGNMENT

No assignment of this Agreement is permitted, without prior written permission from ARM Systems. Any attempt to do so shall constitute a default or violation of this Agreement which shall be immediately void. ARM Systems rights and obligations, in whole or in part, under this Agreement may be assigned or transferred by ARM Systems.

THIRD PARTY BENEFICIARIES

This Agreement is solely for the benefit of the parties and their successors and permitted assigns, and does not confer any rights or remedies on any other person or entity.


GOVERNING LAW AND PRINCIPLES OF CONSTRUCTION

This Agreement shall be governed and construed in accordance with Ontario law. If any provision in this Agreement is declared illegal or unenforceable, the provision will become void, leaving the remainder of this Agreement in full force and effect.

FORCE MEJEURE

If a party is prevented from fulfilling its obligations under this Agreement for one of the following reasons beyond the party’s reasonable control, including due to a national environmental or military emergency, such as fire, flood, explosion, war, strike, embargo, government regulation, or civil or military authority, or acts or omissions of carriers, transmitters, providers, vandals, or hackers (a “force majeure event”), the time for that party’s performance will be extended for the period of the delay or inability to perform due to such occurrence; provided, however, that You will not be excused from payment of any sums of money owed by you to ARM Systems; and provided further, however, that if a party suffering a force majeure event is unable to cure that event within thirty (30) days, the other party may terminate this Agreement.

CONSTRUCTION

This Agreement shall be construed fairly and not interpreted for or against either party. Any remedies available to ARM Systems including any set forth in this Agreement, are not exclusive and are in addition to any other rights or remedies available to it at law or in equity.

BINDING EFFECT

This Agreement shall be binding upon, and inure to the benefit of the respective parties hereto, their successors, heirs, representatives, and permitted assigns.

DAMAGE WAIVER

Under no circumstances whatsoever shall either party be liable to the other for any incidental, consequential, indirect, special, exemplary, punitive or other damages under this Agreement. This provision applies even if such party has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained in this Agreement, ARM Systems liability to you for any cause whatsoever and regardless of the form of action, will at all times be limited to the amount paid, if any, by you to ARM Systems for the services during the term of the Program or membership.

INTELLECTUAL PROPERTY

All materials provided to you as part of your Product or Program or Services which are the subject of this Agreement are proprietary and may not be duplicated, copied, reproduced, published or displayed in any form without the prior express written permission of ARM Systems. You may not re-use, perform, modify, transmit, re-post or use in any way the content or any derivative works thereof, without the prior express written permission of ARM Systems. All trademarks, logos, and service marks displayed on any materials provided as part of your Product or Program or Services under this Agreement are protected by Canadian and International copyright and Intellectual Property laws. Access to any materials or content online or otherwise as part of the Product or Program or Services subject to this Agreement should not be construed as granting any license or right to use said content, including trademarks, logos and service marks of ARM Systems or any third-party.

TERMS OF USE AGREEMENT

You agree to the terms and conditions of the Terms of Use Agreement found at https://mobile.armsystems.ca/terms_and_conidtions.

PRIVACY

You agree to the terms and conditions of the Privacy Policy found at https://mobile.armsystems.ca/privacy_policy. If you attend any ARM Systems live event, you agree that any third-party vendor involved in the event [ticket sales, event facility registration, etc] may share your personal identifying information with ARM Systems to allow us to serve you and other event attendees with the proper products and services, in accordance with our posted Privacy Policy.

WAIVER

The waiver by either party of any breach or default in performance shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of any party to enforce any of the provisions herein shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.

SEVERABILITY

If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

INDEMNITY

You agree to indemnify, defend and hold harmless ARM Systems, its subsidiaries, affiliates, and their officers, managers, employees, agents, attorneys, employees, representatives or assigns from any claims, liability, damages, losses, harm, costs and expenses, including legal fees and expenses or any other detriment incurred by You in any claims arising out of this Agreement, your use of the Services, any breach of this Agreement, including breach of your representations and warranties set forth above, or if any content that you post or publish while using the Services causes ARM Systems to be liable to a third party.

VOIDABILITY

This Agreement cannot be voided by not logging in to the Member or Program website, where applicable, by not accessing or using the Services as delivered, or in any other way attempting to avoid viewing or taking delivery of the Product or Program or Services as outlined. These actions will not void your Agreement or permit you the right to a refund.

ENTIRE AGREEMENT

This Agreement represents the entire understanding and agreement of the parties relating to the Product or Program or Services purchased, and any and all prior agreements, understandings, and representations, whether express or implied, written or oral, regarding the Product or Program or Services, are of no further force and effect. In order to participate in certain portions of the Product or Program or Services, you may be notified that you may be required to agree to additional terms and conditions as the program is revised over time. You may receive a copy of this Agreement at any time by emailing ARM Systems at hello@armsystems.ca and requesting a copy of your “Program Terms of Purchase.”

CONTACT

If you have any questions regarding this Agreement or any aspect of our services, please contact ARM Systems at hello@armsystems.ca.

Copyright 2017 - ARM Systems Inc. - All Rights Reserved
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