Effective Date: January 01, 2023
Pellea Fitness is a community network and marketspace online and offline dynamic sub-platform of Pellea a unified communication and collaboration online and offline dynamic platform operated by Pellea Inc. Throughout its sites, the terms “we”, “us” and “our” refer to Pellea Fitness (hereinafter “Pellea”). Throughout the site, the terms “we”, “us” and “our” refer to Pellea. Pellea offers this online and offline community network and marketspace platform, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
Our websites are hosted by Pellea. They give us the community network and marketspace online and offline dynamic sub-platform that allows us to sell our products or services to you.
SECTION 1 – INTRODUCTION
Welcome to Pellea!
SECTION 2 – ELIGIBILITY, REGISTRATION, AND ACCOUNT
You must be at least 18 years old to get access to or use the Services. By registering to use our Services, you represent that you are at least 18 years old. To use certain areas and features of our Services, you will need to register for an account using either your email address or your login credentials from a third-party social media site. If you register with your email address, you agree to create a unique password that you do not use with any other online product and/or service. By registering for an account, you further agree to (a) give correct, truthful, current and complete information; (b) maintain and promptly update your account information upon any changes; (c) maintain the security of your account by protecting your password and restricting access to your account; (d) promptly notify Pellea if you discover or otherwise suspect any security breaches related to the Services; and (e) take responsibility for all activities that occur under your account and accept all risks of any authorized or unauthorized access.
SECTION 3 – INTERACTIONS WITH OTHER MEMBERS
3.1 You Have Sole Responsibility When Interacting with Other Members. Our Services give a platform for members to learn about one another, arrange the offerings of products/services, engage in activities, and communicate with one another. Pellea is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability concerning any communications, transactions, interactions, disputes or any relations whatsoever between you and any other member, person or organization. You are solely responsible for your interactions with other members of our Services. We reserve the right, but have no obligation, to check interactions between you and other members of our Services.
Remember, Pellea Services is just a platform that enables you to communicate and interact with other people around the world. We cannot be responsible for the interactions that you have with other Pellea members, so please use good judgment and keep safety in mind when you use our Services.
3.2 Identity Verification. We cannot and do not confirm each member’s identity. Although we give tools intended to help with identity verification, such as our address verification tool (as described in Section 3.3), you are solely responsible for determining the identity and suitability of others with whom you may interact through our Services. Pellea does not represent or permit that our tools are enough to decide whether it is right for you to interact with another member. Further, we do not endorse any persons who use or register for our Services. We do not investigate or verify any member’s reputation, conduct, morality, criminal background, or any information members may submit to the Services (other than the address-verification tool as described in Section 3.3). We urge you to take precautions when interacting with other members, particularly when meeting a stranger in person for the first time.
3.3 Our Address-Verification Tool. Our address verification tool is intended merely to confirm that the postal address a member submits to us is an address at which that member can get access to or receive mail. Pellea’s address verification tool is not intended to confirm that a member resides at a particular address. While this is one of many ways to reduces the risk of misconduct by a member, it is not a guarantee of any member’s identity or good faith.
3.4 Member-Hosted Events; Pellea members may organize in-person meetings and host events for other Pellea members; however, these events are not sponsored or endorsed by Pellea and members attend such meetings and events at their own risk.
3.5 Release. Because our Services are merely a platform, if you have a dispute with one or more members, to the fullest extent permitted by applicable law you release us (and our officers, directors, members, employees, agents, and affiliates) from claims, demands and damages (real and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
SECTION 4 – MEMBER CONDUCT AND CONTENT
The Services include interactive areas where you or other members can create, post or store content, messages, materials, data, information, text, music, sound, photos, videos, graphics or other items or materials on the Services (collectively, “Member Content”). You are solely responsible for your use of such interactive areas and agree that your use of these areas is at your own risk.
4.1 Member Content Restrictions. You are solely responsible for any Member Content that you give, post, or send via our Services. You agree not to post, upload to, send, distribute, store, create or otherwise publish through the Services, Member Content that we believe, in our sole discretion:
(a) is unlawful, libellous, defamatory, harassing, threatening, invasive of privacy or publicity rights, or that would otherwise create liability or violate any municipal, provincial, federal or international law;
(b) has nudity, sexually explicit content or is otherwise obscene, pornographic, indecent, lewd, suggestive or sexually exploitative of minors;
(c) may disparage any ethnic, racial, sexual or religious group by stereotypical depiction or is otherwise abusive or inflammatory;
(d) depicts the use of illicit drugs;
(e) has offensive language or images or is otherwise objectionable;
(f) incites violence or characterizes violence as acceptable, glamorous or desirable;
(g) has unsolicited promotions, political campaigning, advertising or solicitations, without our earlier written consent;
(h) has private or personal information about another person, unless such person has agreed to the disclosure of this information;
(i) contains viruses, corrupted data or other harmful, disruptive or destructive file viruses, cancelbots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(j) may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary rights of any party. By posting Member Content, you represent and warrant that you have the lawful right to distribute and reproduce such Member Content; or
(k) would constitute, encourage, or give instructions for a criminal offense or violate the rights of any third-party. Pellea is not responsible for any Member Content that you or other members post, send or store through the Services. We have no obligation to post Member Content from you or anyone else and we may, in our sole discretion, edit, remove, or delete any Member Content without notice. If you become aware of Member Content that violates these Terms, you may tell us of such content by using the reporting tools provided on our Services. Enforcement of these Terms, however, is solely in our discretion and the absence of enforcement in some instances does not waive our right to enforce the Terms in other instances. Also, these Terms do not create a private right of action on the part of any third-party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
4.2 Member Conduct. By accessing or using the Services, you agree to act responsibly, exercise good judgment, and comply with the Community Guidelines. Also, you agree not to:
(a) use the Services in violation of any applicable law or regulation, including promoting or encouraging any illegal activity;
(b) infringe the rights of any third-party, including without limitation, intellectual property, privacy, publicity or contractual rights;
(c) use the Services in any way that could interfere with, disrupt, negatively affect or inhibit other members from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any way;
(d) use our Services in connection with the distribution of spam (which we define as unsolicited bulk e-mail or any other unsolicited messages of a commercial, religious, romantic, political or other nature not within the intended purposes of the Services);
(e) stalk, intimidate, threaten or otherwise harass or cause discomfort to any other member of our Services;
(f) collect or store any information about any other member other than as permitted on our Services;
(g) use our Services for any commercial purpose whatsoever, unless with prior written consent from Pellea;
(h) register for more than one member account;
(i) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, whether by providing or omitting to give information;
(j) circumvent or attempt to defeat any security or verification measure on the use of these Services;
(k) hold yourself out as an agent, representative, employee or affiliate of Pellea, including but not limited to when you host an event for other Pellea members or sign up to be a Pellea Ambassador; or
(l) help any third party in doing any of the foregoing.
SECTION 5 – SUBMISSIONS
Separate and apart from Member Content, we welcome questions, comments, suggestions, and ideas about Pellea and our Services (“Submissions”). If you give a Submission, whether by email or otherwise, you agree that it is non-confidential (unless Pellea states otherwise in writing) and shall become the sole property of Pellea. Pellea shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise. You acknowledge that Pellea is not obligated to give acknowledgment or compensation to you in exchange for Submissions.
SECTION 6 – COPYRIGHT AND LIMITED LICENSE
Unless otherwise indicated, the Services and all content and other materials on the Services, including, without limitation, the Pellea logo, and all designs, text, graphics, pictures, videos, information, data, software, sound files and other files, and the choice and arrangement thereof (collectively, the “Pellea Materials”) are the proprietary property of Pellea or our licensors or members and are protected by Canadian and international copyright laws.
You are granted a limited, non-exclusive and non-sublicensable license to get access to and use the Services and Pellea Materials; however, such license is subject to these Terms and does not include: (a) any resale or commercial use of the Services or the Pellea Materials; (b) the distribution, public performance or public display of any Pellea Materials; (c) modifying or otherwise making any derivative uses of the Services and the Pellea Materials, or any part thereof, unless the modification or derivative use is specifically permitted under applicable law or provided for under separate terms; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any part of the Services, the Pellea Materials or any information contained therein, except as expressly permitted on the Services; or (f) any use of the Services or the Pellea Materials other than for their intended purposes. Any use of the Services or the Pellea Materials other than as specifically authorized herein, without the earlier written permission of Pellea, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.
SECTION 7 – REPEAT INFRINGER POLICY
Following the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Pellea has adopted a policy of terminating, in the right circumstances and in Pellea’s sole discretion, members who are deemed to be repeat infringers. Pellea may also, in our sole discretion, limit access to the Services and/or terminate the accounts of any members who we believe may infringe any intellectual property rights of others, whether or not there is any repeat infringement.
SECTION 8 – COPYRIGHT COMPLAINTS
If you believe that anything on the Services infringes upon any copyright which you own or control, you may file a notification of such infringement with the Pellea Copyright Agent as set forth below.
[RE: Address of Designate Agent]
Pellea Inc. d.b.a. Pellea Fitness
Toronto, ON, M5B1G7, Canada
Email Address of Designated Agent: [email protected]
You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of ours relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
SECTION 9 – TRADEMARKS
“Pellea,” the Pellea logos and any other Pellea service name or slogan contained on the Services are trademarks of Pellea and may not be copied, imitated or used, in whole or in part, without the earlier written permission of Pellea or the applicable trademark holder. You may not use any meta tags or any other “hidden text” utilizing “Pellea” or any other name, trademark or product and/or service name of Pellea without our earlier written permission. Also, the look and feel of the Services, including all page headers, custom graphics, button icons, and scripts, are the service mark, trademark and/or trade dress of Pellea and may not be copied, imitated or used, in whole or in part, without our earlier written permission. All other trademarks, registered trademarks, product/service names, and names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us. Any authorized use of these trademarks must be following guidelines that Pellea may give you from time to time.
Our logo and the terms “Pellea” and “Pellea”, as well as other terms and visual elements that you might see throughout the Pellea Services, are protected trademarks. However, we do support members using these trademarks in the right ways, such as to make your T-shirts or to create local Pellea community social media pages.
SECTION 10 – HYPERLINKS
You are granted a limited, non-exclusive right to create a text hyperlink to the Services, provided such link does not portray Pellea or any of our services in a false, misleading, derogatory or otherwise defamatory way and provided further that the linking site does not contain any adult or illegal material or any offensive material, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Pellea logo or other proprietary graphic of Pellea to link to the Services without the express written permission of Pellea. Further, you may not use, frame or use framing techniques to enclose any Pellea trademark, logo or other proprietary information, including the images found on the Services, the content of any text or the layout/design of any page or form contained on a page of the Services without Pellea’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or other proprietary rights of Pellea or any third-party.
SECTION 11 – THIRD-PARTY CONTENT
SECTION 12 – TERMINATION
If you are in breach of these Terms, or any other policies or community standards we have in place from time to time, we may, in our discretion at any time: (a) terminate your access to our Services, (b) deactivate or delete your account and all related information and files in such account and/or (c) bar your access to any of such files or Services. In any of these instances, you are not permitted to register for another Pellea account without our earlier written permission.
In rare circumstances, when we feel it is necessary to protect the safety or the well-being of the Pellea community, we will remove a member’s account from our Services. We don’t take this decision lightly, but it is sometimes required.
SECTION 13 – DISCONTINUANCE OF SERVICES
We may, in our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any part of our Services.
SECTION 14 – MEMBER’S REPRESENTATIONS AND WARRANTIES
14.1. You hereby represent and warrant that you have the full power and authority to enter and do under these Terms. If you are using our Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf.
14.2. You hereby represent and warrant that you will use our Services in a way consistent with any applicable local, provincial, national, and international laws and regulations, including, but not limited to.
14.3. If you are (a) located in, under the control of, or a national or resident of any country to which Canada has embargoed goods or services, (b) identified as a “Specially Designated National”, or (c) placed on the Commerce Department’s Denied Persons List, you represent and warrant that you will not engage in financial transactions with, or commercial activities on, Pellea (including making payments in connection with any identity verification tools provided by Pellea). Without limiting the foregoing, you are solely responsible for determining whether you have complied with travel restrictions to and from certain countries, including travel to and from countries other than Canada.
14.4. You hereby represent and warrant that you will not use the Services if the laws of your country prohibit you from doing so under these Terms (such as, if you are not allowed to give the types of personal information that we require or if you are prohibited from participating in certain Internet activity). By using the Services, you represent and warrant that such use will not violate, or cause us to violate, the laws of your country.
SECTION 15 – DISCLAIMER OF WARRANTIES
15.1. IF YOU USE OUR SERVICES, YOU DO SO AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING THE INFORMATION, CONTENT, AND MATERIALS CONTAINED THEREIN.
15.2. WE DO NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL MEET YOUR REQUIREMENTS; (B) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN THROUGH OUR SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS; (E) ANY INFORMATION YOU PROVIDE OR WE COLLECT WILL NOT BE DISCLOSED TO THIRD PARTIES; OR (F) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.
15.3. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR SERVICES, YOU DO SO AT YOUR DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF SUCH ACCESS OR TRANSMISSION; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
15.4. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
SECTION 16 – LIMITS ON LIABILITY
16.1. SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL PELLEA, OR OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATING TO (A) THE USE OR INABILITY TO USE OUR SERVICES; (B) THE COST OF REPLACEMENT OF ANY GOODS, SERVICES OR INFORMATION PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; (D) DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS OR PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (E) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON OUR SERVICES; (F) YOUR OR ANYONE ELSE’S CONDUCT OR ACTS IN CONNECTION WITH THE USE OF THE SERVICES; OR (G) ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICES OR THESE TERMS.
16.2. WE SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS, WHETHER OR NOT SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL.
16.3. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO OUR SERVICES OR THESE TERMS EXCEED THE SUM OF ONE HUNDRED US DOLLARS ($100).
16.4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
16.5 NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FOR FRAUD.
SECTION 17 – INDEMNITY
You shall defend, indemnify and hold harmless Pellea (and each of our officers, directors, members, employees, agents, and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out of or about (a) your use of our Services; (b) any Member Content or Submissions you give; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Services. Further, if you are using the Services on behalf of any entity, you represent and warrant that such entity agrees to indemnify you and Pellea for violations of these Terms following this Section. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and decide whether we wish to settle it, and if so, on what terms.
SECTION 18 – REPORTING MISCONDUCT
If you interact with anyone through our Services who you feel is acting or has acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behaviour, who steals from you or engages in any other disturbing conduct, we strongly urge you to immediately report such person to the right authorities and us by contacting us using the Pellea Help Center. Please note that although we urge you to report misconduct, we are not responsible or liable for our members’ actions, and we are not obligated to take any action.
SECTION 19 – DISPUTES
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH PELLEA AND IT LIMITS HOW YOU CAN SEEK RELIEF. You and Pellea agree to arbitrate any dispute arising from these Terms or about the Services, except that you and Pellea are not required to arbitrate any dispute in which either party seeks fair or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. SUBJECT TO ANY RIGHTS YOU MAY HAVE UNDER APPLICABLE LAW, ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Pellea agree that you will notify each other of any dispute within thirty (30) days of when it arises, that you will attempt informal resolution before any demand for arbitration, that any arbitration will occur in Toronto, Ontario and that arbitration will be conducted confidentially by a single arbitrator in accordance with the Rules of the American Arbitration Association. You and Pellea also agree that the provincial or federal courts in Toronto, Ontario have exclusive jurisdiction over any appeals of an arbitration award and any suit between the parties not subject to arbitration. Other than class rules and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND PELLEA WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
SECTION 20 – MISCELLANEOUS
20.1 Assignment. You may not assign any of your rights or obligations under these Terms without prior written consent from Pellea. Pellea may assign any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
20.2 Entire Agreement. These Terms contain the entire agreement and supersede all earlier and contemporaneous understandings, between the parties about their subject.
20.3 Waiver. Our failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.
20.4 Severability. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall stay in full force and effect.
20.5 Headings. Headings of sections are for convenience only and shall not be used to limit or construe such sections.
20.6 Survival. Sections 3.5 (Release), 4 (Member Conduct and Content), 5 (Submissions), 9 (Trademarks), 11 (Third-Party Content), 14 (Member’s Representations and Warranties), 15 (Disclaimer of Warranties), 16 (Limits on Liability), 17 (Indemnity), 19 (Disputes), and this Section 20 (Miscellaneous) shall survive any termination or expiration of these Terms
Pellea Inc. d.b.a. Pellea Fitness © 2016 – 2024