BLUFFS PERFORMANCE TERMS OF USE
LAST UPDATED JANUARY 23, 2017

THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND BLUFFS PERFORMANCE. PLEASE READ THESE TERMS OF USE CAREFULLY AND USE THE WEBSITE ONLY IF YOU AGREE TO THESE TERMS OF USE.​

Welcome to bluffsperformance.com. By using this website (the “Site”), you signify your agreement to be bound by these terms of use, including the Privacy Policy referenced below (“Terms of Use”). If you do not agree to the Terms of Use or Privacy Policy, please do not use the Site. We may modify, revise or update the Terms of Use at any time by updating this posting. By using the Site following any such modification or revision, you agree to be bound by such modification or revision. We recommend that you consult the Terms of Use each time you use the Site.​

Privacy
For information on how user information is collected, used and disclosed by Bluffs Performance in connection with your use of the Site, please consult ourPrivacy Policy.

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The Content may contain errors, omissions, or typographical errors or may be out of date.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
You may not use the Site in order to transmit, copy, distribute, store or destroy material: (a) in violation of any applicable law or regulation; (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; or (c) that is defamatory, obscene, threatening, abusive or hateful. You may use the Site only for lawful purposes and in compliance with the Terms of Use.​

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.​

Termination
These Terms of Use are effective until terminated by Bluffs Performance. Bluffs Performance may terminate these Terms of Use without notice, at any time and for any reason, in its sole discretion. In the event of termination, you are no longer authorized to access the Site and must destroy all materials obtained from this Site and all copies thereof, whether made under these Terms of Use or otherwise. The restrictions imposed upon you by these Terms of Use, as well as all disclaimers, indemnities, and limitations of liability set forth in these Terms of Use shall survive termination of the Terms of Use. Bluffs Performance shall not be liable, obligated or otherwise responsible to you or any party for damages arising from such termination. Bluffs Performance reserves the right to seek all remedies available to it at law, equity and otherwise for violations of the Terms of Use.

Linked Third Party Sites
The Site may contain links to third party websites (“Third Party Sites”). Links to Third Party Sites are provided solely as a convenience to you and not as an endorsement by Bluffs Performance. Bluffs Performance does not control and is not responsible for the content, security, information gathering, privacy policies or practices of Third Party Sites and does not make any representations regarding the content or accuracy of materials on such Third Party Sites. If you decide to access linked Third Party Sites, you do so at your own risk. Our Terms of Use and Privacy Policy do not apply to Third Party Sites. We recommend and encourage you to read the terms of use and privacy policies of all linked Third Party Sites before navigating through them.

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.​

Disclaimer
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.​

Indemnification
You agree to defend, indemnify, and hold harmless Bluffs Performance, its affiliates, service providers and contractors and each of their shareholders, officers, directors, employees, affiliates, parents, subsidiaries, related entities and agents, from and against all claims, losses, damages, liabilities and costs (including without limitation reasonable legal and accounting fees), arising out of or related to your access to or use of the Site or your breach of any of these Terms of Use. The foregoing indemnification obligation shall survive termination of these Terms of Use and the termination of the Site.​

Jurisdiction
By accessing the Site, you agree that the laws of the Province of Ontario (and the laws of Canada applicable therein) will apply to all matters relating to your use of this Site, without regard to rules relating to conflict of laws. If you access the Site from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Any action relating to these Terms of Use must be brought in Toronto, Ontario, Canada and you irrevocably consent to the exclusive jurisdiction of the courts of Ontario, Canada.

Miscellaneous
The relationship between Bluffs Performance you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms of Use or your use of the 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.

These Terms of Use, together with those incorporated or referred to herein, constitute the entire agreement between Bluffs Performance and you relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except by Bluffs Performance as set forth above. No waiver by Bluffs Performance of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Use and shall not affect the validity and enforceability of any other provisions of the Terms of Use. The headings and captions in the Terms of Use are intended for convenience only and shall in no way affect the interpretation of the Terms of Use.