Terms and Conditions of Service
By signing up for the Exercise MD service ("Service") or any of the services of eTrack Inc you are agreeing to be bound by the following terms and conditions ("Terms of Service"). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time at https://exercisemd.ca/terms_and_conditions/. You are advised to check the Terms of Service from time to time for any updates or changes that many impact you.
- You must be 18 years or older to use this Service.
- You must provide a valid email address and any other information needed in order to complete the signup process.
- You are responsible for keeping your password secure. eTrack Inc cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
- You may not use the service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of Canada and the province of Ontario.
- You are responsible for all activity and content (data, graphics, photos, links) that is uploaded under your Exercise MD account.
- You must not transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of any of the Account Terms as determined in the sole discretion of eTrack Inc will result in an immediate termination of your services.
- We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis without any warranty or condition, express, implied or statutory.
- eTrack Inc does not warrant that the service will be uninterrupted, timely, secure, or error-free.
- eTrack Inc does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
- You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
- You expressly understand and agree that eTrack Inc shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
- Technical support is only provided via email or the support forum.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by eTrack Inc.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any Exercise MD customer, eTrack Inc employee, member, or officer will result in immediate account termination.
- We do not claim any intellectual property rights over the material you provide to the Exercise MD service. All material you upload remains yours. You can remove your Exercise MD account at any time by deleting your account. This will also remove all content you have stored on the Service.
- The failure of eTrack Inc to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and eTrack Inc and govern your use of the Service, superseding any prior agreements between you and eTrack Inc (including, but not limited to, any prior versions of the Terms of Service).
- You retain ownership over all content that you submit to a Exercise MD account.
- eTrack Inc does not pre-screen Content and it is in their sole discretion to refuse or remove any Content that is available via the Service.
- Questions about the Terms of Service should be sent to [email protected].
Payment of Fees
- A valid credit card is required for paying accounts.
- The service will be billed in 30 day intervals. When your billing period is over, Exercise MD users will be automatically billed using their credit card on file. Users have five days to bring up and settle any issues with the billing.
Cancellation and Termination
- You may cancel your account at anytime by selecting the cancel option in your billing settings, or by emailing [email protected]
- Should you cancel your service before completing at least 12 months of the program, you will be billed a one-time $99 cancellation fee.
- Once your account is cancelled all of your Content will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.
- If you cancel the Service in the middle of the month, we will simply stop billing you and you will not be charged again.
- If you are a premium member; any money you have earned through the 'Get healthy, get wealthy' program will be cashed in to you 12 months from the starting date of your program.
- There are absolutely no refunds.
- We reserve the right to modify or terminate the Exercise MD service for any reason, without notice at any time.
- Fraud: Without limiting any other remedies, eTrack Inc may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
Modifications to the Service and Pricing
- Prices for using Exercise MD are subject to change upon 14 days notice from eTrack Inc. Such notice may be provided at any time by posting the changes to the Exercise MD Site (exercisemd.ca) or as an announcement in your Exercise MD account.
- eTrack Inc reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice.
- eTrack Inc shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.