PERFECTMATCHPT.COM WEBSITE TERMS AND CONDITIONS

These website terms and conditions of use for perfectmatchpt.com, constitute a legal agreement and are entered into by and between you and 1244113 B.C. LTD.. ("Company," "we," "us," "our"). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use, including any content, functionality, and services offered on or through perfectmatchpt.com (the "Website").

BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS OF USE AND OUR PRIVACY POLICY, FOUND AT perfectmatchpt.com/privacy-policy/, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.

AGE AND LOCATION RESTRICTIONS

This website is intended to be used only by individuals that are located within Canada, other than the Province of Quebec. By accessing this Website, you represent and warrant that you are of the legal age of majority under applicable law to form a binding contract with the Company and meet the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

OUR SERVICES

The Company is in the business of creating and maintaining websites for the purposes of sharing useful information, gathering leads, and connecting consumers with potential service providers in the fitness industry. Any submissions or inquiries you make through the Website shall not be considered a request for fitness services from the Company. Instead, it is a request for the Company to attempt to match you with a third-party service provider such as a personal trainer or other fitness professional, that may be able to provide you with products or services related to your request (a “Third-Party Service Provider”). You acknowledge and understand that information you submit through the Website may be passed on to one or more Third-Party Service Providers in accordance with our Privacy Policy.

PRIVACY

By accessing the Website, you consent to the collection, use, reproduction, hosting, transmission and disclosure of information in compliance with our Privacy Policy, found at perfectmatchpt.com/privacy-policy/, as we deem necessary for use of the Website and provision of our services.

NO ADVICE OR RECOMMENDATIONS

The Website is for informational and educational purposes only. The Website is not intended to be a comprehensive or detailed statement concerning the matters addressed, and is not intended as professional advice or recommendations (including financial, legal or other professional advice). It is your responsibility to obtain appropriate advice suitable to your circumstances from a qualified professional before acting or omitting to act based on any information obtained on or through the Website.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date. Your use of the Website is at your own risk and neither the Company, nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors have any responsibility or liability whatsoever for your use of this Website.

THIRD-PARTY WEBSITES AND SERVICE PROVIDERS 

The purpose of the Website is to provide you with information and to connect you with one or more Third-Party Service Providers that are ready and able to provide services sought by you through the Website, or that may otherwise be of assistance with inquiries and submissions made through the Website. The Company is not in the business of providing health or fitness services to consumers directly, other than as set out above, and does not have any control over nor is it responsible or liable for the acts or omissions of Third-Party Service Providers to whom the Company may transfer your personal information, or otherwise facilitate a connection. 

We make no representations about any other websites or service providers that may be accessed from this Website, or made available to you as a result of your submission of information through the Website. If you choose to access any such sites or interact with such independent service providers, you do so at your own risk. We have no control over Third-Party Service Providers or the contents of any third-party websites, or the products and services that may or may not be offered to you through the same, and accept no responsibility therefor, or for any loss or damage that may arise from your use of them. The fact that the Company has facilitated your connection with a Third-Party Service Provider, or linked to their website or contact information through the Website, does not mean that we act as agent for you or them, and does not guarantee that you will qualify for services from the Third-Party Service Provider, or that the Third-Party Service Provider will make services available to you at all, which shall be determined in their own discretion and in accordance with their own criteria over which we have no oversight or control. You are subject to any terms and conditions of any third-party websites and Third-Party Service Providers and it is strongly recommended that you review the same.

Although we require Third-Party Service Providers to agree to offer you their best available rates, we do not represent, warrant or guarantee that the rates offered by Third-Party Service Providers will be their lowest rates, or the lowest rates available in the market. A Third-Party Service Provider’s offer made to you, if any, may be subject to market conditions, approval and qualification. The rates provided by Third-Party Service Providers may be higher or lower depending on your credit profile and additional factors as determined by the Third-Party Service Provider, and the Company has no role is setting or otherwise determining details of offers that may or may not be made to you by a Third-Party Service Provider. 

PROHIBITED USES

The Company hereby grants you permission to access or otherwise use the Website in accordance with these Terms of Use, provided that you will not:

access the Website for any reason other than your personal, non-commercial use solely as permitted by the normal functionality of the Website;

use the Website for the solicitation of business in the course of trade or in connection with a commercial enterprise;

distribute any part or parts of the Website without our explicit written permission (we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices but retain the right to revoke this permission at any time on a general or specific basis);

use the Website for any unlawful purpose or for the promotion of illegal activities;

intentionally allow another user to access your account or to utilize the account of another person; 

provide false or inaccurate information when registering an account or submitting information through the Website;

interfere or attempt to interfere with the proper functioning of the Website;

make any automated use of the Website or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;

bypass any robot exclusion headers or other measures we take to restrict access to the Website, or use any software, technology, or device to scrape, spider, or crawl the Website or harvest or manipulate data; 

circumvent, disable or otherwise interfere with any security-related features of the Website or features that prevent or restrict use or copying of content, or enforce limitations on use of the Website or the content accessible via the Website; or 

publish, submit or link to malicious content of any sort.

In order to access some features of the Website, you may have to create an account or submit an online form. You are solely responsible for the activity that occurs on your account and for any form submissions you complete, and you must keep your account password (if any) secure. You must notify the Company immediately of any breach of security or unauthorized use of your account. Although the Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Company or others due to such unauthorized use.

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR AS A RESULT OF SUBMISSIONS MADE THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.

YOU ARE SOLELY RESPONSIBLE FOR THE SELECTION OF LINKED SITES, THIRD-PARTY SERVICE PROVIDERS, AND ANY PRODUCTS AND SERVICES OFFERED BY OR THROUGH THE SAME TO ACHIEVE YOUR INTENDED RESULTS, AND YOU ACCESS, DEAL WITH, PURCHASE AND USE LINKED WEBSITES, THIRD-PARTY SERVICE PROVIDERS, AND ANY PRODUCTS AND SERVICES OFFERED BY OR THROUGH THE SAME AT YOUR OWN RISK. THE COMPANY DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, REGARDING ANY LINKED WEBSITES, THIRD-PARTY SERVICE PROVIDERS, AND ANY PRODUCTS AND SERVICES OFFERED BY OR THROUGH THE SAME. THE COMPANY DOES NOT CONTROL, AND IS NOT RESPONSIBLE OR LIABLE FOR, ANY LINKED WEBSITES, THIRD-PARTY SERVICE PROVIDERS, AND ANY PRODUCTS AND SERVICES OFFERED BY OR THROUGH THE SAME.

NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION ON LIABILITY

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY OR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES OR SERVICES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.

INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms of Use or your use of the Website, including, but not limited to, any submissions you make through the Website, third-party sites, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use.

MANDATORY ARBITRATION

You and we agree that any disputes, excluding the right of either party to apply to a court of competent jurisdiction for an interim or interlocutory injunction or other provisional remedy to preserve the status quo or prevent irreparable harm pending final award of an arbitrator, shall be finally settled by a single arbitrator in the city of Whistler, in the province of British Columbia, in accordance with the British Columbia Arbitration Act, RSA 2000, C A-43, at such time and place within British Columbia as the arbitrator may fix.

A party wishing to pursue arbitration of the dispute shall give notice of arbitration to the other party containing a concise description of the matter submitted for arbitration. Within TEN (10) business days after a party gives a notice of arbitration, the parties shall jointly appoint an arbitrator. If the parties fail to appoint an arbitrator within that time, each party shall appoint an arbitrator and the two arbitrators so appointed shall appoint a third arbitrator whose decision shall be final and binding upon the parties.

The arbitrator may determine all questions of law and jurisdiction (including questions as to whether a dispute is arbitrable) and all matters of procedure relating to the arbitration. The arbitrator shall have the right to grant legal and equitable relief (including injunctive relief) and to award costs (including legal fees and the costs of the arbitration) and interest.

The written decision of the arbitrator shall be final and binding upon the parties in respect of all matters relating to the arbitration, the procedure, the conduct of the parties during the proceedings and the final determination of the issues in the arbitration. There shall be no appeal from the determination of the arbitrator, which shall be final and binding on the parties. Judgment upon any award rendered by the arbitrator may be entered in any court having jurisdiction.

The costs of any arbitration shall be borne by the parties in the manner specified by the arbitrator in his or her determination.

WAIVER OF TRIAL BY JURY AND CLASS ACTION

Regardless of your physical location, residence or domicile, you undertake and agree to commence no action nor make any claim of any kind in any jurisdiction other than British Columbia and in any event, only pursuant to the arbitration provisions of this Agreement, and you expressly undertake and agree to not commence or pursue any action by way of trial by jury, class action or similar proceeding outside of the Province of British Columbia, Canada. Notwithstanding the foregoing, nothing in this Agreement will prevent the Company from seeking injunctive or equitable relief or remedies against you from any court of competent jurisdiction.

RELEASE

If you have a dispute with one or more Third-Party Service Providers, you release us (our affiliates and subcontractors, as well as our respective officers, directors and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, and to the extent permitted by law, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

AFFILIATE DISCLOSURE

This site uses affiliate links and may earn a commission from certain links. This does not affect your purchases or the price you may pay.

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have provided; and (b) agree that all terms, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. 

We may also use your email address to send you other messages, including information about our services and special offers. You may opt out of such email by changing your account settings, using the “Unsubscribe” link in the message, or by sending an email to jen@perfectmatchpt.com or mail to the following postal address:

Customer Support

2335 Cheakamus Way

Whistler BC, V8E0A8

Opting out may prevent you from receiving messages regarding our products and services.

WEBSITE OWNERSHIP

The Website and all related proprietary rights (including copyright) are owned solely by the Company and its licensors and are protected by Canadian and international intellectual property laws. Your use of the Website does not result in your acquisition of any right, title or interest in, to or associated with the Website or any related technologies and data.

ENTIRE AGREEMENT

This Agreement and our Privacy Policy, constitute the final, complete, and exclusive statement of the terms of this Agreement between the parties pertaining to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings or agreements of the parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty except for those expressly set forth in this Agreement. No direct benefit is intended to be conferred by this agreement on any person that is not a party to this Agreement and any benefit which may be actually conferred is both unintentional and incidental.

GOVERNING LAW

This Agreement is made and performed in the Province of British Columbia, Canada. This Agreement is governed by, interpreted, and enforced in accordance with, the laws of the province of British Columbia, and the laws of Canada applicable therein, excluding the choice of law rules in that province. Any dispute between you and the Company that is not subject to mandatory arbitration in accordance with this Agreement will be resolved before the Courts of British Columbia, sitting in the City of Whistler, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all such disputes.

SEVERABILITY

If any provision of this Agreement is prohibited, invalid or unenforceable in any jurisdiction, that provision will, as to that jurisdiction, be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of that provision or part thereof in any other jurisdiction.

SURVIVAL

All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnity and release provisions, and limitations of liability.

NO WAIVER

No waiver of any of the provisions of this Agreement shall be deemed to be or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.

ENUREMENT

This Agreement shall enure to the benefit of and be binding upon you and us, as well as our respective successors and permitted assigns. You acknowledge having the authority to accept this Agreement and having read its contents in their entirety before accepting the same.

MODIFICATIONS TO THESE TERMS OF USE

We reserve the right in our sole discretion to revise and update these Terms of Use from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the Terms of Use in order to be aware of any such modifications and your continued use shall be your acceptance of these Terms of Use as modified.

The information and material on this Website, and the Website, may be changed, withdrawn or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.