LAST UPDATED FEBRUARY 18, 2014
Restrictions on Use of Materials
The Site is owned and operated by 1801494 Ontario Limited d/b/a Bluffs Performance and/or its related, associated, affiliated, successor, parent and subsidiary entities (collectively, “Bluffs Performance”). Unless otherwise indicated, all material on the Site, including without limitation, all logos, texts, graphics, images, soundtracks, videos, and the collection, organization, arrangement and assembly of the material on this Site (collectively, the “Content”) are the property of Bluffs Performance or have been licensed to Bluffs Performance by other third parties and are protected, without limitation, pursuant to Canadian, U.S. and foreign intellectual property, including copyright, trademark and other laws and regulations.
The Content may contain errors, omissions, or typographical errors or may be out of date. Bluffs Performance may update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Bluffs Performance in any way except to the extent it is specifically indicated to be so.
No Content, either in whole or in part, may be copied, reproduced, republished, uploaded, posted, transmitted, archived, modified, sold or distributed in any way, without Bluffs Performance’s prior written consent. Modification of the materials or use of the materials for any other purpose is a violation of Bluffs Performance’s copyright, trademark, and trade secret rights and others’ proprietary rights. The use of any such material on any other website or networked computer environment for any purpose is prohibited.
Bluffs Performance has the right without notice and at any time to terminate your access to or use of some or all of the Site, or any features of the Site, or to terminate any individual’s access to or use of the Site or any features of the Site.
Acceptable Site Rules
Site Security Rules
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus, cancelbot, trojan horse, worm or other harmful or disruptive component to the Site, overloading, “flooding”, “spamming”, “mailbooming” or “crashing”. Violations of any system or network security may result in civil or criminal liability. Bluffs Performance will investigate occurrences which may involve such violations and may involve and co-operate with law enforcement authorities in prosecuting users who are involved in such violations.
Responsibility for Minors
In cases where you have authorized a minor to use the Site, you recognize that you are fully responsible for: (a) the online conduct of such minor; (b) controlling the minor’s access to and use of the Site; and (c) the consequences of any misuse of the Site by the minor.
Linked Third Party Sites
With regard to services or products purchased or obtained by you from someone other than Bluffs Performance, including via a Third Party Site, we make no representation or warranty of merchantability or fitness for a particular purpose with regard to such services or products, and we hereby specifically disclaim any and all express and implied representations and warranties of any nature whatsoever as to such services and products.
Third Party Postings
Bluffs Performance may, in its sole discretion, post material, advertisements, links and other promotional materials of third parties on the Site (“Third Party Material”). Third Party Material is not investigated, monitored or checked for accuracy, appropriateness or completeness by Origin Workouts, and Origin Workouts is not responsible for any Third Party Material. Your correspondence or dealings with these third parties found on the Site are solely between you and such third party. You agree that Bluffs Performance shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of Third Party Material on the Site. Moreover, Bluffs Performance shall not be responsible or liable for the statements or conduct of any third party on the Site.
BLUFFS PERFORMANCE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENTS, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, OR MATERIALS. ORIGIN WORKOUTS ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SITE OR ANY THIRD PARTY SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ANY THIRD PARTY SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH THE SITE IS PROVIDED TO USERS “AS IS, WHERE IS” AND “AS AVAILABLE”, WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, OR ARISING BY STATUTE, USAGE, CUSTOM OR OTHERWISE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY WITH RESPECT TO THIS SITE AND ANY WEBSITE WITH WHICH THIS SITE IS LINKED. THE “AS IS” CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE SITE. YOU (AND NOT BLUFFS PERFORMANCE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION THAT IS REQUIRED AS A RESULT OF YOUR USE OF THE SITE OR ANY THIRD PARTY SITE.
The preceding paragraph operates to the extent permissible by law. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL BLUFFS PERFORMANCE, ITS AFFILIATES, SERVICE PROVIDERS, OR CONTRACTORS, OR THEIR RESPECTIVE DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, COMPENSATORY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, OR UNDER ANY OTHER THEORY OF DAMAGES, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF THE SITE OR ANY THIRD PARTY SITE OR ITS CONTENTS OR ARISING IN ANY WAY OUT OF THE INABILITY TO USE THE SITE OR ANY OF THE THIRD PARTY SITES OR THEIR CONTENTS, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE OR LOSS OF INCOME, EVEN IF ORIGIN WORKOUTS OR AN AUTHORIZED REPRESENTATIVE IS OR HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ORIGIN WORKOUTS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE] OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Bluffs Performance shall not be liable for any non-performance or delay in performance caused by any act beyond its reasonable control, including without limitation acts or omissions of third parties, war, terrorism, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or government agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.