Hello and welcome to Karen Gallagher.com!
Health warning and liability disclaimer:
You should consult your physician or other health care practitioner before starting this or any other nutrition or exercise program. This is particularly true if you or your family have a history of high blood pressure or heart disease, or if you have ever experienced discomfort while exercising.
Nothing stated or posted on the Site or the Services is intended to be, and must not be taken to be, the practice of medical or professional advice or care. Your use of the Site and the Services is at your own risk.
Please read our full professional advice and medical disclaimer in section 2 below before commencing your use of the Services.
Karen-gallagher.com and anyone associated with Karen-gallagher.com shall not be liable for any liability, of any kind, resulting from the use of the Site and the Services.
Who May Use the Site and the Services?
Age Requirement: You must have reached the age of majority (the age at which you are considered by law to be an adult) in your own jurisdiction to use the Site and the Services. This age may be different depending on the place (province, state, country) where you live.
Notice To Parents and Guardians:
You are responsible for monitoring and supervising your child’s use of the Site and the Services. If your child is using the Karen-gallagher.com and/or Services without your express consent and is under the age of majority in your own location, please contact us immediately so that we can disable his or her access. If you have questions about the Site and the Services, please contact us at Karen@fit4her.ca
Professional Advice and Medical Disclaimer.
You should consult your physician or other health care professional before starting this or any other exercise or nutrition program to determine if it is right for your needs. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising, smoke, have high cholesterol, or have a bone or joint problem that could be made worse by a change in physical activity. Do not use the Site and the Services if your physician or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising, you should stop immediately.
The Site and the Services offers health and fitness information and is designed for informational purposes only. Nothing stated or posted on the Site or available through any Services is intended to be, and must not be taken to be, the practice of medical, professional or counselling care. For purposes of these Terms, the practice of medicine and counselling includes, without limitation, psychiatry, psychology, psychotherapy, or providing health or nutrition care, treatment, instructions, diagnosis, prognosis or advice. You should not rely on any information on the Site and the Services as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult a physician or other health-care professional. Do not ever disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on the Services. The use of any information provided on the Services is solely at your own risk.
If you are in Canada or the United States and think you are having a medical or health emergency, call your health care professional, or 911 or any other applicable medical emergency telephone number, immediately.
The Site and Services are continually under development and makes no representation, warranty or condition of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose. In that regard, developments in medical research may impact general health, fitness and advice. No assurance can be given that the information contained on the Site will always include the most recent developments with respect to the particular material.
Your Representations and Warranties as a Member
In becoming a member of the Site with the intent of using the Services, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past several months; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or (B) your physician has specifically approved of your use of the Site and the Services.
If applicable, you further affirm that (A) you are not pregnant or (B) your physician has specifically approved your use of the Site and the Services.
Karen-gallagher.com provides the Services on an “as is” and “as available” basis. You therefore use the Site and the Services entirely at your own risk.
Karen-gallagher.com expressly disclaims any and all representations, warranties, conditions or guarantees of any kind, whether express or implied, including, but not limited to the implied representations, warranties and conditions of merchantability, fitness for a particular purpose, non-infringement, and any other representation, warranty and conditions that might arise under any law. Without limiting the foregoing, Karen-gallagher.com makes no representations, warranties, conditions or guarantees:
(a) That the Site and Services, or any particular fitness program is suitable for you;
(b) Regarding the adequacy or safety of the Site and Services for any particular user;
(c) That the Site and Services will meet your personal needs;
(d) That the Site and Services will be permitted in your jurisdiction;
(e) That the Site and Services will be uninterrupted or error-free;
(f) Concerning any third party user generated content submitted by any Member (“Member Content”);
(g) Concerning any third party’s use of content that you submit;
(h) That Site and Services will continue to support any particular feature of the Site and Services; or
(i) Concerning sites and resources outside of the Site and Services, even if linked to from the Site and Services.
We reserve the right to modify the Site and Services. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Site and Services. We have no obligation to screen or monitor devices.
To the extent that a secondary party may have access to or view Site and Services (including any content) on your computer or mobile device, you are solely responsible for informing such party of all provisions, terms, disclaimers and warnings in these Terms.
To the extent any disclaimer or limitation of liability in these Terms does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Karen-gallagher.com and the Services, and no warranties shall apply after such period.
Karen-gallagher.com additionally disclaims any Content made available through the Site and Services as further described in Section 5 below and does not guarantee that any Content made available on the Site and Services complies with these Terms or is suitable for all users. Karen-gallagher.com shall not be responsible for loss or corruption of data, and hereby waives all claims with respect to damage to your computer system, internet access, download or display.
Limitation of Liability
To the fullest extent permitted by law: (i) in no event shall Karen-gallagher.com, nor its affiliates, be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses; and (ii) Karen-gallagher.com, and its affiliates’ total liability to you in connection with the Site, Services or Content or under any claim whatsoever shall not exceed the amounts paid by you to Karen-gallagher.com over the twelve (12) months preceding your claim(s).
If you do not accept this limitation of liability, you are not authorized to obtain or access any Content through the Services or Site or otherwise use or access the Site or the Services.
We may at times require that you register and/or provide your contact information and other information to use certain portions of the Site, or the Site as a whole (collectively, “Personal Information”). You agree and represent that all Personal Information provided by you is accurate and up-to-date. If any of your Personal Information changes, you must update it by using the appropriate update mechanism on the Site, if available. If Karen-gallagher.com believes that the Personal Information you provide is not correct, current, or complete, Karen-gallagher.com reserves the right to refuse you access to this Site, and to terminate or suspend your access at any time. However, Karen-gallagher.com has no obligation to verify the accuracy, currency completeness or usefulness of any Personal Information that you have provided to the Site.
Use of the Site, Services and Content is for personal use only. Members may not use the Content or Services in connection with any commercial efforts, such as (i) advertising or soliciting any user to buy or sell any products or services; or (ii) for commercial purposes. Users of the Site (including Members) may not use Content or any information obtained from the Services or the Site to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Content, Services or the Site for any purpose unless expressly authorized by Karen-gallagher.com. If you wish to inquire about possible commercial use, please contact us at Karen@fit4her.ca.
Karen-gallagher.commay investigate and take any available legal action in response to illegal and/or unauthorized uses of the Content, Site or the Services.
Account Security: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the Services. If you become aware of any unauthorized access to your account, you must change your password and notify us immediately at Karen@fit4her.ca.
Subscriptions and Subscription Fees:
- the Company or third parties may charge you fees for products or services offered for sale through the Website, and/or for access to portions of the Website or the Website as a whole. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Website by the Company or by any third party vendor or provider (such fees, charges and taxes shall collectively be referred to as “Fees”). The Company reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon prior notice to you.
- If you submit your credit, debit or charge card information to the Company upon registration or otherwise, you give the Company permission to charge all Fees incurred through your account to the credit, debit or charge card you designate. Any additional Fees (other than renewal fees) will be charged at the time they are incurred. If payment cannot be charged to your credit, debit or charge card or your payment is returned to the Company for any reason, including charge back, the Company reserves the right to either suspend or terminate your account and all its obligations under this Agreement.
You understand that some Plans require one-time payments only, whereas others require continuing payments to ensure your continued use.
You will be charged in accordance with the billing terms you agreed to at the time you signed up on the Registration Page.
The prices of our Services may vary periodically. We cannot guarantee that the price of your particular Plan is the lowest available, or historically lowest or best, price.
Regarding sales: It is your responsibility to verify that your coupon code was properly entered at checkout. It’s your responsibility to verify the sale price before you click the purchase button. If you received a coupon code via email (or you saw one posted on our social media) on the day you made the purchase, but you failed to open the email and/or failed to notify us within 24 hours of your full-price purchase, then we regret to inform you that we cannot retroactively apply the coupon code for you.
Sorry, there are no refunds on subscriptions for billing periods that have already lapsed.
If you provide a payment method and our charge results in an overdraft, chargeback or other fee from your bank, you alone are responsible for that fee. even if you do not use the Plan or access any Karen-gallagher.com Application, you will be responsible for any Subscription Fees.
We may change, modify, add, remove, suspend, cancel or discontinue any aspect of any Plan, including the functionality, content, and/or availability of any features of such subscriptions at any time in our sole discretion.
We may increase our fees for any subscription effective the first day of a billing renewal.
Term and Termination; Account Deletion
The term begins on the date you first use the Services and continues as long as you have an account with us.
You may delete your account at any time. We reserve the right, but are under no obligation to delete an account from the Services that remains inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months, or immediately when payment expires, is withdrawn or otherwise ceases.
Termination For Breach:
We may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if we determine that you have violated any provision of these Terms or that your conduct or content would tend to damage our reputation or goodwill. If we delete your account for the foregoing reasons, you may not re-register for the Services. We may block your email address and Internet protocol address to prevent further registration. We are not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.
After your membership or subscription is terminated for any reason, all terms of these Terms survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
Effect Of Termination/Account Deletion:
Upon termination, all licenses granted by us will terminate. Sections 2, 4-8, 10-19 shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. we shall not be responsible for the loss of such content.
You may not upload, post, or transmit (collectively, “submit”) any video, image, text, audio recording, or other work (collectively, “Materials”) that:
(a) is unlawful, harmful, threatening, abusive, harassing, tortuous, homophobic, sexist, defamatory, vulgar, obscene, inflammatory, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, including but not limited to any Materials which encourages conduct that would constitute a criminal offence, violate the laws of others or otherwise violates any applicable local, provincial, national or international laws, including harms minors in any way;
(b) you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(c) infringes, misappropriates, or otherwise violates any third party’s copyright, patent, trade-mark, or other proprietary right of publicity or privacy, or encourages or enables any other party to do so;
(d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy, alter, or limit the functionality of any computer software or hardware or telecommunications equipment or that imposes an unreasonable or disproportionately large load on the Site’s infrastructure or limits the functionality of any of the Site’s or third party computer hardware, software, networks, or hardware or telecommunications equipment;
(e) intentionally or unintentionally violates any applicable local, provincial, national or international law, rule or regulation applicable in connection with the Site;
(f)collects or stores personal information about other users or Members of the Site or disseminate such personal information;
(g)Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
(h) Contains racist, sexist, homophobic, hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
(i) Advocates harassment or intimidation of another person;
(j) Exploits minors;
(k) Depicts unlawful acts or extreme violence;
(l) Contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
(m) Depicts animal cruelty or extreme violence towards animals; or
(n) Contains viruses, time bombs, trojan horses, cancelbots, malware, worms or other harmful, or disruptive codes, components or devices.
Code of Conduct and Prohibited Activities
You agree that you are prohibited from posting or transmitting to the the Company Website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under the law, as well as anything in contravention of these terms and conditions. The Company reserves the right to seek all remedies available at law and in equity for violations of these terms and conditions, including the right to block access from a particular internet address to this Website.
As between you and Karen-gallagher.com, you own all Materials that you submit to the Karen-gallagher.com Service, whether directly via the Karen-gallagher.com, Services or indirectly (for example, via Facebook or Twitter) (collectively, “Submissions”). However, it is important that you understand that by posting a Submission to Karen-gallagher.com or the Services, you are granting Karen-gallagher.com and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your Submissions (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called “moral rights” or “performance rights” in your Submissions.
You further grant all users of the Karen-gallagher.com and Services permission to view your Submissions or their personal, non-commercial purposes. If you make suggestions to Karen-gallagher.com on improving or adding new features to the Services, Karen-gallagher.com will consider these as Submissions and shall have the right to use your suggestions without any compensation to you as described above.
For each Submission that you submit, you represent and warrant that: (i) you have the right to submit the Submission to Karen-gallagher.com and grant the licenses set forth above; (ii) we will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the Submission does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the Submission complies with these Terms and all applicable laws.
You agree to indemnify, defend, and hold harmless Karen-gallagher.com and its affiliates, directors, officers, employees, agents and Third Party Providers (collectively, the“Indemnified Parties”), from and against any liability, claims, losses, judgments, actions, proceedings, damages, costs and expenses (including without limitation, reasonable legal and other fees and disbursements) incurred by any of the foregoing that arise from: (i) your use or misuse of the Site, Content or Services; (ii) any violation by you of any term of these Terms; or (iii) any Submission or Materials that you submitted, posted to or transmitted through the Site violates any law or infringes any personal right or third party right, including any intellectual property or privacy right. Karen-gallagher.com reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Karen-gallagher.com in connection therewith.
License to Use Services and Content
We grant you a limited, non-exclusive license to access and use the Content and the Services for your own personal, non-commercial purposes. This includes the right to view Content available on the Services. This license is personal to you and may not be assigned or sublicensed to anyone else.
Except as expressly permitted by us in writing, you will not reproduce, redistribute, publicly display, sell, create derivative works from, decompile, reverse engineer, or disassemble the Site, the Content or the Services. Nor will you take any measures to interfere with or damage the Site, the Content or the Services. All rights not expressly granted by us are reserved.
Third Party Links
Certain links on the Site and Services may let you leave the particular Site or Karen-gallagher.com and Services you are accessing in order to access a linked site (the“Linked Sites”). When you are linking to a third party site, it is important to know that we do not control these sites, nor has we reviewed or approved the content which appears on the Linked Sites. We are not responsible for the legality, accuracy or nature of any content, advertising, products or other materials on or available from any Linked Sites, or the conduct of such Linked Sites. You acknowledge and agree that Karen-gallagher.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the Linked Sites.
In compliance with the FTC guidelines, please assume the following about links posted on the Karen-gallagher.com site, app, eBooks, and social media: Assume that any/all of the links are affiliate links for which Karen-gallagher.com receives a small commission from sales. The price will be the same for you, and oftentimes, coupons are provided to save you money. Karen Gallagher only posts affiliate links to products that she personally uses, supports and recommends.
Dealings with Third Parties.
More specifically, your participation, correspondence or business dealings with any third party found on or through the Site and Services (i.e., a Linked Site), regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Karen-gallagher.com shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You acknowledge that the Content, Site and Services contain software, graphics, photos, videos (including real-time workouts, stretching videos, cooking videos and motivational talks), know-how, product ideas, comments and other material (collectively, “Content”) that is protected by copyrights, patents, trade-marks, trade secrets and other intellectual property rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. The Content also includes information and materials developed for Karen-gallagher.com and the Site by our partners, service providers and third party licensors (“Third Party Providers”)which is also copyrighted and protected under Canadian, United States and other intellectual property laws.
For greater clarity, we make no representations or warranties regarding such Content. Inclusion of information or materials from third parties on this Site does not mean, unless expressly stated otherwise, that we endorse or agree with such information or materials. You understand that you have no proprietary rights in the Content and that the Third Party Providers retain all proprietary right, title or interest, including copyright, in their respective Third Party Content. You may not copy, sell, license, transfer, publish, reproduce, modify, display, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, bundle, sublicense, export, merge, loan, rent, lease, assign, share, outsource, host, distribute in any way, prepare derivative works based on, re-post, make available to any person or otherwise use, either directly or indirectly, any of the Content, in whole or in part, in an form or by any means whatsoever, be they physical, electronic or otherwise, for any public or commercial purpose, without the prior written consent of Karen-gallagher.com or the Third Party Providers. Subject to your compliance with these Terms, and solely for so long as you are permitted by us to access and use the Services, you may download one copy of the Content to any single computer or device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with these Terms. Unless otherwise specified, modification of the Content or use of the Content for any other purpose, including use of any such Content on any other website or networked computer environment is strictly prohibited.
Karen-gallagher.com name, logos and affiliated applications and technologies are the exclusive property of Karen-gallagher.com. All other trade-marks appearing on the Services are trade-marks of their respective owners. Our Third Party Providers may also have additional proprietary rights in the Content which they make available through the Site and the Services. The trade names, trade-marks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Site or the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
Karen-gallagher.com and its Third Party Providers owns and retains all proprietary rights in the Site, Content and the Services, and in all content, trade-marks, trade names, service marks and other intellectual property rights related thereto. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trade-marks, trade names, service marks, or other intellectual property or proprietary information accessible on the Site, the Content or through the Services without first obtaining the prior written consent of Karen-gallagher.com or, if such property is not owned by Karen-gallagher.com, the particular Third Party Provider. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any Content, including copyright, trade-mark and other intellectual property notices.
We respect the intellectual property of others, and we ask our users to do the same. Each user (including all Members) is responsible for ensuring that the Materials and Member Content that they upload to the Site and Services does not infringe any third party copyright.
We will promptly remove Materials and Member Content from the Site and Services that that we reasonably believe infringes a third party’s copyright. In addition, we may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.
(a) Applicable Law.
These Terms and any action related thereto or related to the Site will be governed, controlled, interpreted and defined by and under the laws of the Province of Ontario and the federal laws applicable therein without giving effect to any principles of conflicts of laws. You agree that any action at law or in equity arising out of or relating to these Terms or your use of the Site, the Services, the Content and the Submissions will be filed only in a court located in Toronto, Ontario, Canada, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts for the purpose of any such action. Your use of the Site is void where prohibited by laws in jurisdictions to which you are otherwise subject.
(b) Entire Terms.
These Terms and any other legal notices, policies and guidelines of ours linked to these Terms constitute the entire agreement between you and us relating to the subject matter hereof and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter and the Terms may not be amended or modified except in writing or by making such amendments or modifications available on this Site.
(c) No Agency; Third Party Beneficiary.
We are not your agent, fiduciary, trustee, or other representative. Nothing expressed or mentioned in or implied from these Terms is intended or will be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to these Terms. These Terms and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of us, you, and relying Third Party Providers.
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
(f) No Waiver.
We will not be considered to have waived any of our rights or remedies described in these Terms unless the waiver is in writing and signed by us. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Our failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms.
The headings used in these Terms are included for convenience only and have no legal or contractual effect and will not affect the construction or interpretation of these Terms.
(h) Electronic Communications.
You and Karen-gallagher.com agree and confirm that it is your wish that these Terms, as well as other documents relating hereto including notices, have been and shall be drawn up in the English language only. Les parties aux présentes confirment leur volonté quecette convention de même que tous les documents, y compris tout avis qui s’y rattache, soient rédigés en langue anglaise.