REVIVAL NUTRITION AND TRAINING LTD.

Terms of use

Revival Nutrition and Training Ltd. (referred to below as "Revival", "us" or "we") provides the https://revivalnutritrain.thrivecart.com website and various related services (collectively, the "Site") to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms"), as well as any other written agreement between us and you. In addition, when using particular services or materials on the Site, users shall be subject to any posted rules or guidelines applicable to such services or materials, which may contain terms and conditions in addition to those in these Terms. All such guidelines or rules are hereby incorporated by reference into these Terms. By accessing or using the Site you agree to be bound by these Terms.

You may use the Site only if you are able to form a binding contract in Alberta, Canada, or in your jurisdiction.

As used in these Terms, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, employees, agents, licensors, licensees, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Site and/or its contents.

• Disclaimers

The information and materials provided on the Site are intended for general reference only, and may not describe all terms, conditions, exclusions, and exceptions applicable to Revival’s products and services. All Revival products and services are subject to the terms, conditions, and exclusions of the conditions of use relevant to those products or services.

The following Revival products and services are subject to the following additional terms and conditions, which are incorporated by reference herein:

• The Revive Program https://revivalnutritionandtraining.com/​coaching-agreement

• Nutrition Coaching https://revivalnutritionandtraining.com

• Personal Training https://revivalnutritionandtraining.com

• Personal Training and Nutrition https://revivalnutritionandtraining.com

If you register for the any of the products or services described above, by agreeing to these Terms, you also agree to the terms and conditions applicable to the registered product or service, as set out above.

The products and services offered on the Site are only available in the jurisdictions in which Revival is legally permitted to operate. Revival cannot guarantee and does not promise any specific results from use of the Site or any services provided in connection therewith. The material on the Site is provided solely for general information purposes and does not constitute professional advice of any nature and does not constitute an offer to buy or sell any goods or services.

Please be advised that the information on the Site may not always be the most current source for company information. Revival disclaims any liability for any failure to update information on the Site.

• Your Obligations

You are solely responsible for your use of the Site and any content you submit as part of your use of the Site.

When using the Site, you agree to abide by the following standards:

• You will obey all applicable laws and regulations;

• You will not submit any content (privately or publicly) via forms or chat, video, or other features on the Site, to our external social media sites, or to emails published on the Site that:

• is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or otherwise violates our rules or policies;

• infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary or intellectual property right of any party;

• constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spam"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

• contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; and/or

• impersonates any person or entity, including any of our employees or representatives.

In addition, you agree as follows with respect to your use of the Site:

• Not to alter or modify any part of the Site;

• Not to bypass, disable or otherwise interfere with any security-related features of the Site or features that prevent or restrict use or copying of any Site content or enforce limitations on use of the Site or the Site content;

• Not to circumvent or attempt to circumvent any limitations imposed on your account;

• Not to take any action that imposes or may impose (as determined by Revival in its sole discretion) an unreasonable or disproportionately large load on Revival (or its third party providers') infrastructure;

• Not to use or launch any system that accesses the Site automatically or to install or transmit any computer program or software on or via the Site;

• To act in a respectful and conscientious manner when using the Site;

• Not to solicit, for commercial purposes, any users of the Site;

• Not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of the Site or services, or use of or access to the Site;

• Not to permit the Site or services to be used by anyone other than yourself, unless otherwise agreed to by Revival in writing;

• That you are not entitled to remuneration or compensation of any kind from us for your use of the Site; and

• Not to use the Site for any commercial purpose not intended to be allowed by Revival without our prior written consent.

We neither endorse nor assume any liability for the contents of any material on the Site, including material uploaded or submitted by third-party users of the Site.

Your failure to comply with any of the TERMS, conditions, AND RESTRICTIONS OF USE DESCRIBED HEREIN (INCLUDING BUT NOT LIMITED TO THOSE DESCRIBED ABOVE) constituteS grounds for us to immediately, and in our sole discretion, terminate your access to and use of the Site, its contents, and all services in connection therewith. YOU AGREE THAT WE MAY AT ANY TIME, AND AT OUR SOLE DISCRETION, TERMINATE YOUR MEMBERSHIP, ACCOUNT, OR OTHER AFFILIATION WITH THE SITE WITHOUT PRIOR NOTICE TO YOU FOR VIOLATING ANY OF THE ABOVE PROVISIONS. In such event, we shall have no liability to you or any third party for your failure to comply with the Terms or any losses or damages that may result from your use of the Site, nor for any interruption or termination of your access or use of the Site or any services in connection therewith.

In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at the Site, including without limitation cooperating with law enforcement authorities in investigating suspected criminal violations.

• Account Registration and Information

As a condition to using certain aspects of the Site, you may be required to register an account with Revival and select a username and password. Should you register an account, you shall provide Revival with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your Revival account. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your account password. You are required to promptly notify us should you suspect or become aware of any unauthorized use of your account.


• Purchases Using the Site

In respect to the services referenced on the Site, you agree to the following additional terms:
• Unless otherwise specified, all prices in respect to the services are displayed in Canadian dollars and we reserve the right to change prices at any time.
• In some cases there may be minor differences or errors in how services are described. We make every effort to limit such differences or errors and will correct such differences or errors when we become aware of them.
If you choose to purchase any services through the Site (a “Purchase”), you agree to the following additional terms:
• You agree to pay the full amount for your Purchase plus any applicable taxes.
• Your Purchase will be processed through Thrivecart Payments, and will be governed by their terms of use and privacy policy available at www.thrivecart.com/terms-of-service and www.thrivecart.com/privacy-policy.
• You agree to provide current, complete, and accurate purchase and account information for each Purchase.
• You agree to promptly update your account and other information, including your email address and credit card information, so that each Purchase can be processed and completed.
• Your Purchase is complete once confirmed by us. We may take steps to verify your compliance with these Terms before we complete your Purchase, and we reserve the right to modify or refuse your Purchase at any time at our sole discretion.
• Your Purchase will be delivered in accordance with the notice provided to you at the time of your Purchase.
• Your Purchase is non-cancellable and non-refundable, except as otherwise set out herein or agreed to by Revival in its sole discretion.
• Privacy

Revival is committed to respecting the confidentiality of personal information. Any collection, use, disclosure of or access to personal information by Revival is subject to the Revival Privacy Policy, a copy of which is available at https://revivalnutritionandtraining.com/privacy-policy. By agreeing to these Terms and using the Site, you are also agreeing to the Privacy Policy. Please review the Privacy Policy carefully before using the Site.

• Third Party Sites and Information

The Site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. Please review the terms of use and privacy policies of such third party sites carefully before using their sites. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, privacy practices, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the sites or party by us, or any warranty of any kind, either express or implied. You hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us and our Affiliates with respect to such links, website and third party information, and, to the extent permitted by applicable law, agree to indemnify and hold us and our Affiliates harmless to the fullest extent permitted by law regarding all matters related to your use of the Site.

• Intellectual Property Information

For purposes of these Terms, "content" is defined as any information, data, documentation, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on the Site. This includes message boards, chat, and other original content where available.

By accepting these Terms, you acknowledge and agree that all content presented to you on the Site is protected by copyrights, trademarks, service marks, patents or other proprietary or intellectual property rights and laws, and is the sole property of Revival and/or its Affiliates. Except for a single copy made for personal, non-commercial use only, you may not copy, reproduce, modify, republish, upload, post, transmit, sell, license, distribute or otherwise exploit any documents or information from the Site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on the Site. Any unauthorized use of the materials appearing on the Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, the Site will not infringe the rights, including without limitation intellectual property rights, of third parties.

• Unauthorized Use of Materials

Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. Subject to our Privacy Policy, any communication, content or material that you transmit to the Site or to us, whether by electronic mail, post, or other means, for any reason, will be treated by default as non-confidential and non-proprietary.

While you retain rights in such communications, content or material, you grant us and our Affiliates a non-exclusive, irrevocable, royalty free and fully paid up, perpetual, sublicensable, transferable and universal right and license to:

• copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used;

• (and to allow other users to) stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the content and material, in connection with the Site; and

• use and publish, and to permit others to use and publish, the name(s), trademarks, likenesses, and personal and biographical materials of you in connection with the provision of the Site.
You also waive your moral rights in such communications, content or material in favour of Revival and our Affiliates.

You shall be solely responsible for your content and the consequences of submitting your content to us and the Site. Where you are uploading or posting any information or other content to the Site, you represent and warrant to us that you have the right to post this content and to grant the licenses to us described in these Terms, that such content contains no viruses or other malicious programming, that its posting does not infringe the intellectual property rights of another person, and that the content does not breach any of the provisions of these Terms.

• Disclaimer of Warranties

THE SITE AND ALL MATERIALS ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SITE AND MATERIALS WILL MEET YOUR REQUIREMENTS OR BE FIT FOR YOUR PURPOSE OR PARTICULAR USE, (B) YOUR USE OF OR ACCESS TO THE SITE AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SITE, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE SITE AND THE MATERIALS ON THE SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE SITE OR THE MATERIALS ON THE SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE THE SITE OR SUCH MATERIALS.

THE SITE COULD INCLUDE BUGS, VIRUSES, TROJAN HORSES, OR OTHER DAMAGING OR MALICIOUS COMPUTER PROGRAMS OR SOFTWARE, AND THE SITE PROVIDED COULD BE INTERRUPTED OR CEASED FROM TIME TO TIME. THE USE OF THE SITE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

YOU UNDERSTAND AND AGREE THAT TEMPORARY INTERRUPTIONS OF THE SERVICES AVAILABLE THROUGH THE SITE MAY OCCUR AS NORMAL EVENTS. YOU FURTHER UNDERSTAND AND AGREE THAT WE HAVE NO CONTROL OVER THIRD PARTY NETWORKS YOU MAY ACCESS IN THE COURSE OF THE USE OF THE SITE, AND THEREFORE, DELAYS AND DISRUPTION OF OTHER NETWORK TRANSMISSIONS ARE COMPLETELY BEYOND OUR CONTROL.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

• Limitation of Liability

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR OF ANY WEBSITES REFERENCED OR LINKED TO FROM THE SITE.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IN THE EVENT THAT ANY CLAIM OR LIABILITY ARISES AGAINST US, OUR AGGREGATE LIABILITY IN CONNECTION WITH THIS AGREEMENT, YOUR USE OF THE SITE AND/OR RELATED SITE OR ANY OTHER CIRCUMSTANCE GIVING RISE TO LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES ONLY, AND SUCH DIRECT DAMAGES SHALL NOT EXCEED $50.

REVIVAL HAS NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO YOU. YOU ACKNOWLEDGE THAT REVIVAL HAS NO CONTROL OVER, AND NO DUTY TO TAKE ANY ACTION REGARDING WHICH USERS GAINS ACCESS TO THE SITE, WHAT CONTENT YOU ACCESS VIA THE SITE, WHAT EFFECTS THE CONTENT MAY HAVE ON YOU, HOW YOU MAY INTERPRET OR USE THE CONTENT, OR WHAT ACTIONS YOU MAY TAKE AS A RESULT OF HAVING BEEN EXPOSED TO THE CONTENT. YOU RELEASE AND INDEMNIFY REVIVAL FROM ALL LIABILITY FOR YOU HAVING ACQUIRED OR NOT ACQUIRED CONTENT THROUGH THE SITE.

• Indemnification

You agree to defend, indemnify, and hold us and our Affiliates (and each of their respective directors, officers, employees, shareholders, contractors, agents, successors and assigns) harmless from all liabilities, claims, and expenses, including solicitor-client costs on a full indemnity basis, that arise from your use or misuse of the Site, the services, your violation of any of the Terms, your violation of any third-party right, including, without limitation, any intellectual property or privacy right, or any claim that your content caused damage to a third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This defense and indemnification obligation will survive these Terms and your use of the Site.

• Jurisdictions for Use

Although the Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside Canada or in Quebec, Canada. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.



• Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your account or your access to all or part of the Site, with or without notice and for any reason including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for termination and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on the Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

• Governing Law

The Site (excluding any linked site) is controlled by us from our office within Alberta, Canada. It can be accessed from other areas of Canada as well as other countries around the world. As each of these places has laws that may differ from those of Alberta, Canada, by accessing this Site you agree with us that the statutes and laws of the Province of Alberta, Canada, without regard to any conflicts of laws principles or any other legislation of any other jurisdiction, will apply to all matters relating to the use of the Site and the purchase of products and services available through the Site. You agree to submit to the exclusive personal jurisdiction and venue of any court of competent jurisdiction within the Province of Alberta, Canada, for all matters arising from your use of the Site.

• Entire Agreement

Unless otherwise provided herein, these Terms constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms, these Terms shall take precedence.

• Miscellaneous

Any cause of action brought by you against us, or our Affiliates, must be instituted within two years after the cause of action arises or be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms.

If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that or any other right or provision.
• Changes in Site

We reserve the right, in our sole discretion, to either modify or discontinue the Site, including any of the related features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on the Site shall also be subject to these Terms.

• Changes to the Terms

These Terms are effective as of July 29, 2024. We reserve the right to change these Terms from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the Site and these Terms from time to time, and to familiarize yourself with any modifications or revisions that may be made. Your continued use of the Site, or any services in connection therewith, after such modifications or revisions will constitute your acknowledgement of the modified Terms, and your agreement to abide and be bound by the modified Terms.

• Contact Revival

You can contact us by email at the following address:

revivalnutritionandtraining@gmail.com

REVIVAL NUTRITION AND TRAINING LTD.
PRIVACY POLICY
The privacy and security of personal information is very important to Revival Nutrition and Training Ltd. (“Revival”). It is Revival’s policy to protect and respect the privacy of personal information in accordance with applicable privacy laws. This Privacy Policy explains Revival’s privacy and security practices with respect to all personal information in the possession and control of Revival, and may be supplemented by specific policies, procedures, and practices.
WHY DOES REVIVAL COLLECT PERSONAL INFORMATION?
Revival may collect personal information from individuals (such as from customers, staff, sub-contractors, and suppliers) for the following purposes:
To administer, plan, and manage the relationship with individuals and to communicate with individuals;
To provide individuals with requested information and/or services related to nutrition and fitness coaching;
To better understand how Revival may improve its services, to develop and conduct its business and operations, and for other internal business purposes;
To provide individuals with information on current and future services or other developments with respect to Revival (in accordance with Canada’s Anti-Spam Legislation – see below); and
To comply with applicable legal and regulatory requirements or to protect Revival’s legal rights and property;
(collectively, the “Authorized Purposes”).
The type of information that Revival may collect from individuals includes, for example, name, email address, address, phone number, age, gender, personal health information, financial information and other information individuals choose to provide.
Revival may collect personal information for other purposes where it has a legal duty or right to do so or where Revival has a good faith belief that it is necessary to protect the property or rights of Revival.
Revival does not collect personal information for any other purposes, unless it has the consent of the individual to whom it relates.
HOW DOES REVIVAL COLLECT PERSONAL INFORMATION?
Revival only collects personal information about an individual with the individual’s knowledge and consent. Generally, this means that Revival collects personal information directly from the individual to whom it relates, whether via Revival’s website, e-mail, telephone, fax, or in person. Occasionally, Revival may collect personal information from third party sources, but only with the knowledge and consent of the individual or where otherwise authorized by law.

Visitors to Revival’s website should also be aware that anonymous technical information may be collected by Revival as a result of a visit to Revival’s website. For example, this information may include the visitor’s IP address, browser type, operating system, domain name, access times and referring website addresses. Revival uses this anonymous technical information for purposes such as diagnosing problems with Revival’s servers, improving the operation and content of Revival’s websites and compiling aggregate and statistical information.

Revival will not attempt to link or match such anonymous technical information with any personally-identifiable information unless Revival has an individual’s consent, Revival (or its service providers) have detected or reasonably suspect any unlawful use of Revival’s services or a security breach, or Revival has a legal duty or right to do so.
Revival may use “cookies” on its website. “Cookies” are small text files placed on computers that can collect and store a variety of information. Permanent cookies are stored indefinitely on a user’s hard drive unless manually deleted, while temporary cookies are automatically deleted from the user’s browser upon logging out of a website. Web browsers typically allow users to disable permanent and/or temporary cookies.
Please note that Revival's website contains links to other websites. Revival is not responsible for the privacy practices used or followed by other websites. You are encouraged to be aware of when you leave Revival's website, and to read the privacy statements of each and every website you may visit that may collect personal information from you.
WHEN DOES REVIVAL USE OR DISCLOSE PERSONAL INFORMATION?
Revival only uses or discloses personal information as reasonably required to facilitate the Authorized Purposes listed above.
In some cases, Revival may share personal information with third party service providers performing functions on Revival’s behalf, including, for example, vendors that provide information technology services or provide analytics or assessment services.
Revival does not otherwise use or disclose personal information unless Revival has an individual’s consent, Revival has a good faith belief that disclosure of the information is necessary to protect the rights or property of Revival, or Revival has a legal duty or right to do so.
Revival does not rent, sell or trade customer lists or other personal information.
PAYMENT FOR PRODUCTS AND SERVICES
Revival uses Thrivecart Payments to process payments for all products and services purchased through our website. All payments completed through Thrivecart Payments will be subject to the terms, conditions, and privacy policies of Thrivecart Payments, available at HYPERLINK "http://www.thinkific.com/terms-of-service/"www.thrivecart.com/terms-of-service and HYPERLINK "http://www.thinkific.com/privacy-policy"www.thrivecart.com/privacy-policy.
CONSENT – IS THERE A CHOICE?
Individuals provide their consent to the collection, use, and disclosure of personal information by Revival when they provide their information to Revival or use its services.
Individuals can deny or withdraw their consent to Revival’s collection, use and disclosure of their personal information at any time upon reasonable notice, subject to any legal or contractual requirements. However, if consent is denied or withdrawn, Revival may not be able to provide certain services.
Revival may use personal information to inform individuals of current and/or new services or other developments that Revival believe will be of interest to individuals in accordance with applicable laws including Canada’s Anti-Spam Legislation. Such communications may be made by way of telephone, text message, direct messaging, e-mail, fax or regular mail. Individuals provide their consent to Revival contacting them in this manner when they use Revival’s services. Individuals may opt-out of receiving such communications by contacting Revival at the address below.
HOW DOES REVIVAL PROTECT THE SECURITY OF PERSONAL INFORMATION?
Revival has in place reasonable policies, procedures and safeguards (including physical, technological and organizational measures) designed to protect the security of personal information under its control.
The protection of personal information is of paramount concern to Revival, and Revival is prepared to take appropriate and timely steps in the event of any incidents involving personal information in accordance with applicable privacy laws.
Revival makes every reasonable effort to ensure that personal information is accurate and complete. This may involve requesting further information or updates from individuals. Revival relies on individuals to notify Revival if there is a change to their personal information that may affect their relationship with Revival.
Revival retains personal information only as long as is reasonable to fulfill the purposes for which the information was collected, or for legal or business purposes.
DOES REVIVAL PROVIDE ACCESS TO PERSONAL INFORMATION?
Revival will provide individuals with access to the personal information Revival holds about them in accordance with applicable laws. Revival reserves the right to require that any request for access to personal information be made in writing. Generally, there is no cost for such access. However, Revival reserves the right to charge such costs on a case by case basis in accordance with applicable laws. The individual will be notified in advance if charges apply.
Revival will correct or amend the personal information in its files where it can be shown that the information is incorrect or incomplete.
STORAGE AND PROCESSING
Revival will store the personal information on its internal servers and/or with its services providers.
Revival’s service providers may store and/or process personal information outside of Canada (including in the United States of America). When information is stored or processed outside of Canada, it may be subject to the laws of and be accessible by legal authorities in such other jurisdictions. Revival has taken appropriate technical, organizational, and legal steps to secure this information.
CONTACT REVIVAL
For further information about Revival’s privacy practices, to make a request for access to personal information to exercise any other rights outlined in this Privacy Policy, please contact Revival at the following address:

Lisa Yanishewski
revivalnutritionandtraining@gmail.com
The foregoing policy is effective as of July 29, 2024. Revival reserves the right to change this Privacy Policy at any time in accordance with applicable laws – please check our website for updates to this Privacy Policy.













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COACHING AGREEMENT
THIS COACHING AGREEMENT (the “Agreement”) is between Revival Nutrition and Training Ltd. (“Revival”) and you, the user that has registered for personal training and nutrition coaching through Revival’s website, located at revivalnutritrain.thrivecart.com (the “Website”). This Agreement is in addition to Revival’s website Terms of Use available at https://revivalnutritionandtraining.com/terms-and-conditions, and such other agreements, guidelines, and rules between you and Revival. All such agreements, guidelines, and rules are hereby incorporated by reference.
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU AGREE TO WAIVE CERTAIN LEGAL RIGHTS WHICH YOU OR YOUR HEIRS, EXECUTORS, ADMINISTRATORS, ASSIGNS OR REPRESENTATIVES MAY HAVE AGAINST REVIVAL, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION.
• COACHING SERVICES

• Revival agrees to provide the services purchased by you through the Website (the “Services”), subject to the terms and conditions set out in this Agreement.

• FEES AND PAYMENT

• In consideration of Revival providing the Services to you, you hereby agree to pay Revival the fee payable for the Services as set out on the Website, plus applicable taxes (the “Service Fee”).

• Payment of the Service Fee shall be completed on the Website using Thrivecart Payments (the “Payment Processor”). Payment of all Service Fees are subject to the Payment Processor’s terms, conditions, and privacy policies, which are available at www.thinkific.com/terms-of-service and www.thinkific.com/privacy-policy. Use of the Payment Processor is at your sole risk, and Revival is not responsible and provides no warranty with respect to the services provided by the Payment Processor or their protection and use of the your personal information.

• The Service Fee is non-refundable, except as otherwise required by law or agreed to by Revival in their sole discretion.

• TERM AND TERMINATION

• This Agreement is effective as of the date you register for the Services through the Website (the “Registration Date”). The Services will commence on the date following the Registration Date and will end ninety (90) days thereafter (the “Term”), subject to:

• any changes by Revival in their sole discretion; and

• early termination of this Agreement and the Services in accordance with Section 3.2.

• In addition to any other termination right granted to Revival, this Agreement and the Services may be terminated:

• by Revival at any time in their sole discretion;

• by Revival in the event the Service Fee is not paid when due;

• by Revival in the event you breach any term or condition of this Agreement or any other agreement, guideline or rule incorporated by reference herein;

• by you upon giving written notice to Revival in accordance with Section 9.1(b); or

• by mutual written agreement among you and Revival.

• After expiration or termination of this Agreement and the Services, Revival shall have no further obligation to you except as otherwise set out herein.

• Notwithstanding the expiration or termination of this Agreement and the Services, the following Articles, terms and conditions shall survive the expiration or termination of this Agreement: (i) Article 2; (ii) Article 4; (iii) Article 6; (iv) Article 7; (v) Article 8; (vi) Article 10; and (vi) any other term or condition which expressly refers to the obligations remaining in force following the expiration or termination of this Agreement, or which by their nature extend beyond the expiration or termination of this Agreement or the Services.

• PRIVACY

• In connection with the Services, you may provide Revival with certain personal information (the “Personal Information”). Revival’s collection, use, and disclosure of your Personal Information is governed by Revival’s Privacy Policy, located at https://revivalnutritionandtraining.com/privacy-policy (“Privacy Policy”), which is incorporated by reference herein.

• THIRD PARTY APPLICATIONS

• In connection with the Services, you may access or use third-party services (“Third-Party Services”). Certain providers of Third-Party Services (each a “Provider”) may require you to accept additional terms and pay additional fees directly to the Provider in order to use such Third-Party Services. Use of the Third-Party Services is at your sole risk, and Revival is not responsible and provides no warranty with respect to Third-Party Services nor the Providers’ use or protection of the your Personal Information. The collection, use, and disclosure of your Personal Information in respect to the Third-Party Services will be governed by the privacy policy of each Provider. You must review the privacy policy of each Provider prior to accepting the terms of the Third-Party Services.

• DISCLAIMER OF LIABILITY

• THE SERVICES ARE PROVIDED TO YOU “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. REVIVAL, AND ITS DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, AGENTS, SUPPLIERS, PARTNERS AND AFFILIATES DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE PROVIDED IN CONNECTION WITH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET THE YOUR REQUIREMENTS. USE OF THE SERVICES IS AT YOUR SOLE RISK.

• NO INFORMATION (WHETHER ORAL OR WRITTEN) OBTAINED BY YOU IN CONNECTION WITH THE SERVICES, WHETHER FROM REVIVAL OR OTHERWISE, WILL CREATE ANY WARRANTY REGARDING REVIVAL OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THIS AGREEMENT.

• UNLESS OTHERWISE SPECIFIED IN WRITING BY REVIVAL, ALL COACHES AND INDIVIDUALS DISPLAYED ON REVIVAL’S WEBSITE AND SOCIAL MEDIA ACCOUNTS, OR WHO PROVIDE COACHING SERVICES FOR OR ON BEHALF OF REVIVAL, ARE NOT DOCTORS, REGISTERED DIETICIANS, PHYSIOTHERAPISTS, CHIROPRACTORS, OR OTHER REGULATED PROFESSIONALS; AND (II) THE SERVICES PROVIDED BY REVIVAL, AND ALL MATERIALS AND INFORMATION IN CONNECTION THEREWITH DO NOT CONSTITUTE PROFESSIONAL MEDICAL ADVICE AND ARE NOT INTENDED TO BE A SUBSTITUTE THEREFOR.

• TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL REVIVAL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT REVIVAL HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

• TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF REVIVAL TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR ANY INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE AMOUNT YOU HAVE PAID TO REVIVAL FOR ACCESS TO AND USE OF THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM.

• ACCEPTANCE OF RISK, WAIVER AND INDEMNITY

• BEFORE ACCESSING OR PARTICIPATING IN THE SERVICES, ACTING ON ANY RECOMMENDATIONS OR ADVICE PROVIDED BY REVIVAL, OR ENGAGING IN ANY PHYSICAL ACTIVITY, YOU MUST SEEK PROFESSIONAL MEDICAL ADVICE TO ENSURE THAT THE SERVICES INCLUDING, WITHOUT LIMITATION, ANY WORKOUT ROUTINES, EXERCISES, FOODS, VITAMINS, OR OTHER ACTIVITIES OR SUBSTANCES RECOMMENDED IN CONNECTION WITH THE SERVICES, ARE SUITABLE FOR YOU, TAKING INTO CONSIDERATION YOUR MEDICAL CONDITIONS AND INJURIES.

• BY ACCEPTING THE TERMS OF THIS AGREEMENT:

• YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE HAD THE OPPORTUNITY TO SEEK, AND WAS NOT PREVENTED FROM SEEKING, ADVICE FROM YOUR DOCTOR (AND SUCH OTHER PROFESSIONAL MEDICAL ADVISORS) PRIOR TO COMMENCING THE SERVICES, AND YOU HAVE CONSULTED WITH YOUR DOCTOR (AND SUCH OTHER PROFESSIONAL MEDICAL ADVISORS) PRIOR TO ACCESSING OR PARTICIPATING IN THE SERVICES, OR HAVE WAIVED YOUR RIGHT TO SAME.

• YOU REPRESENT AND WARRANT THAT, EXCEPT AS OTHERWISE DISCLOSED TO REVIVAL IN WRITING, YOU ARE IN GOOD PHYSICAL HEALTH AND CONDITION AND DO NOT SUFFER FROM ANY HEALTH OR MEDICAL CONDITIONS WHICH MAY AFFECT YOUR PARTICIPATION IN THE SERVICES, AND HAVE NOT BEEN ADVISED BY YOUR DOCTOR OR ANY OTHER MEDICAL PROFESSIONAL TO NOT PARTICIPATE IN THE SERVICES.

• YOU HEREBY ACKNOWLEDGE THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH PARTICIPATING IN THE SERVICES, WHICH INCLUDE, BUT IS NOT LIMITED TO: (I) PERSONAL INCAPACITY OR DEATH; (II) MUSCULAR AND SOFT TISSUE DAMAGE; (III) SPRAINS, DISLOCATIONS, CONCUSSIONS, BROKEN BONES, HEART ATTACK, STROKE, SPINAL INJURY AND TENDONITIS; (IV) HEAD, FACIAL, EYE, AND DENTAL INJURIES; (V) ALL MEDICAL PROBLEMS RESULTING FROM HEAT EXHAUSTION, DEHYDRATION, ASTHMA, ALLERGIES, COMMUNICABLE DISEASES, SKIN RASHES, CRAMPS, AND LACK OF FITNESS OR CONDITIONING; (VI) INJURIES ASSOCIATED WITH FATIGUE; AND (VII) INJURIES OR DEATH THAT MAY RESULT FROM ANY EQUIPMENT RECOMMENDED OR DEPLOYED IN CONNECTION WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO, LOSS OR INJURY ARISING FROM THE USE, MISUSE, MALFUNCTION OR BREAKDOWN OF ANY EQUIPMENT.

• YOU HEREBY ASSUME FULL RESPONSIBILITY FOR ANY PERSONAL INJURY, INCAPACITY, DEATH, DAMAGES, OR OTHER LOSSES (INCLUDING BUT NOT LIMITED TO THOSE LISTED IN THIS AGREEMENT) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, WHETHER CAUSED BY OR ATTRIBUTABLE TO THE NEGLIGENCE, GROSS NEGLIGENCE, RECKLESSNESS, BREACH OF ANY STATUTORY DUTY OR OTHER DUTY OF CARE ON THE PART OF REVIVAL OR THE FAILURE BY REVIVAL TO SAFEGUARD OR PROTECT YOU FROM THE RISKS REFERRED TO ABOVE OR ANY OTHER RISK ARISING FROM OR IN CONNECTION WITH THE SERVICES.

• YOU, ON YOUR OWN BEHALF AND ON BEHALF OF YOUR HEIRS, LEGAL REPRESENTATIVES, EXECUTORS, ESTATE AND ADMINISTRATORS (COLLECTIVELY, THE “RELEASORS”), HEREBY RELEASE, WAIVE AND FOREVER DISCHARGE REVIVAL AND ITS DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, AGENTS, SUPPLIERS, PARTNERS, AFFILIATES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “RELEASEES”), OF AND FROM ANY AND ALL ACTIONS, CAUSES OF ACTION, SUITS, CLAIMS, DEMANDS, COVENANTS, OBLIGATIONS, LIABILITIES, DEBTS, COSTS AND DAMAGES, WHETHER ABSOLUTE OR CONTINGENT AND OF ANY NATURE WHATSOEVER (COLLECTIVELY, “CLAIMS”), WHICH YOU OR THE RELEASORS (OR ANY OF THEM) MAY HAVE, FOR OR BY REASON OF OR IN ANY WAY ARISING OUT OF, OR IN CONNECTION WITH, THE SERVICES, INCLUDING WITHOUT LIMITATION, CLAIMS FOR PERSONAL INJURY, INCAPACITY, DEATH, DAMAGE, OR OTHER LOSS OF ANY NATURE WHATSOEVER (INCLUDING BUT NOT LIMITED TO THOSE LISTED IN THIS AGREEMENT), WHETHER CAUSED BY OR ATTRIBUTABLE TO THE NEGLIGENCE, GROSS NEGLIGENCE, RECKLESSNESS, BREACH OF ANY STATUTORY DUTY OR OTHER DUTY OF CARE, OR THE FAILURE BY REVIVAL OR THE RELEASEES (OR ANY OF THEM) TO SAFEGUARD OR PROTECT YOU FROM THE RISKS REFERRED TO ABOVE OR ANY OTHER RISK ARISING FROM OR IN CONNECTION WITH THE SERVICES.

• YOU, ON YOUR OWN BEHALF AND ON BEHALF OF THE RELEASORS, JOINTLY AND SEVERALLY, AGREE TO INDEMNIFY AND HOLD HARMLESS REVIVAL AND THE RELEASEES OF AND FROM ALL CLAIMS AND COSTS (INCLUDING, WITHOUT LIMITATION, LEGAL FEES ON A SOLICITOR CLIENT FULL INDEMNITY BASIS) WHICH MAY BE IMPOSED UPON OR INCURRED BY OR ASSERTED AGAINST REVIVAL OR THE RELEASEES (OR ANY OF THEM) IN RESPECT OF ANY MATTER ARISING OUT OF, OR IN CONNECTION WITH, THE SERVICES, WHETHER CAUSED BY OR ATTRIBUTABLE TO THE NEGLIGENCE, GROSS NEGLIGENCE, RECKLESSNESS, BREACH OF ANY STATUTORY DUTY OR OTHER DUTY OF CARE, OR THE FAILURE BY REVIVAL OR THE RELEASEES (OR ANY OF THEM) TO SAFEGUARD OR PROTECT YOU FROM THE RISKS REFERRED TO ABOVE OR ANY OTHER RISK ARISING FROM OR IN CONNECTION WITH THE SERVICES.

• OWNERSHIP RIGHTS AND RESTRICTIONS

• In this Article 8, the following terms shall be defined as follows:

• “Confidential Information” means any confidential and proprietary information disclosed, whether orally or in writing, by Revival to you pursuant to this Agreement or in connection with the Services that is designated as “confidential” or that a person exercising reasonable business judgment should understand to be confidential based on the circumstances of its disclosure or the nature of the information. Without limiting the foregoing, Confidential Information includes, but is not limited to, the terms of this Agreement, the Services, and all information and materials produced, presented, or delivered to you in connection with the Services, whether orally or in writing.

• “Intellectual Property” means any and all beneficial and legal right, interest and ownership of any letters patent, registered design, trade mark or name, copyright or other protected right and industrial protection rights throughout the world, both present and future, including, without limitation, rights in respect of or in connection with any Confidential Information, copyright (including future copyright and rights in the nature of or analogous to copyright), moral rights, inventions (including patents and patentable inventions), trademarks, service marks, designs, know-how and performance protection (whether or not now existing and whether or not registered or registrable) and includes any right to apply for the registration of any such right or renewals and extensions.

• You hereby agree to keep all Confidential Information strictly confidential and shall not at any time, either before or after expiration or termination of this Agreement, directly or indirectly, disclose, allow access to, transmit or transfer Confidential Information to another person, corporation or other entity without Revival’s prior written consent, except to the extent required by law. You further agree to take all reasonable precautions to prevent any unauthorized disclosure of any Confidential Information.

• All rights, title and interest in and to all Intellectual Property rights in the Services and the Confidential Information are and will remain exclusively owned by Revival. Ownership in all derivatives, modifications, enhancements and customization related to the Services created by Revival will immediately vest in Revival upon creation. Other than as expressly set forth in this Agreement, no license or other rights in or to the Services or other Revival intellectual property rights are granted to you, and all such rights are expressly reserved to Revival.

• You shall not, without the prior written consent of Revival: (i) reproduce, duplicate, adapt, or otherwise modify any Confidential Information; (ii) sell, sell access to, share, distribute, or otherwise commercialize any Confidential Information; (iii) alter or remove any trademarks or proprietary notices contained in the Confidential Information; or (iv) permit or assist any other party to do any of the foregoing.

• You acknowledge and agree that Revival will suffer harm in the event you breach any of your obligations contained in this Article 8, and that monetary damages will be inadequate to compensate Revival for such breach. Accordingly, you agree that in the event of a breach or threatened breach by you of any of the provisions in this Article 8, Revival, in addition to and not in limitation of any other rights, remedies or damages available to Revival at law or in equity, shall be entitled to an injunction in order to prevent or to restrain any such breach.

• NOTICE

• All notices and other communications required or permitted under this Agreement (each a “Notice”) shall be in writing and sent by email, unless otherwise agreed to by you and Revival and in writing. Except as otherwise provided in this Agreement, a Notice is effective only if the party giving the Notice has complied with the requirements of this Section 9.1. Any Notice so given shall be deemed to have been received on the date that it was transmitted by email. Notice shall be delivered to each party as follows:

• Notice to you will be delivered to the email address used by you to register for the Services, or such other email address requested by you by delivering Notice to Revival in accordance with this Section 9.1; and

• Notice to Revival shall be delivered to revivalnutritionandtraining@gmail.com, or such other email address requested by Revival by delivering Notice to you in accordance with this Section 9.1.

• GENERAL PROVISIONS

• You may not assign or transfer this Agreement, or any rights or obligations hereunder, without the prior written consent of Revival. Revival may assign or transfer this Agreement without prior notice to you, and without your consent.

• This Agreement shall enure to the benefit of and be binding upon your heirs, executors, and administrators, and upon Revival’s successors and assigns.

• This Agreement (and all other agreements, guidelines, rules and policies referenced herein) constitutes the entire agreement between you and Revival with respect to the subject matter herein. There are no representations or warranties, express or implied, other than those contained in this Agreement or any other agreement, guideline, rule or policy referenced herein. No amendment or change to or modification of this Agreement shall be valid unless it is in writing and signed by you and Revival.

• You represent and warrant that you are at least eighteen (18) years of age and are legally competent to sign this Agreement.

• The titles and sections headers in this Agreement are provided for convenience only and are not to be construed as part of this Agreement.

• This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein. You and Revival hereby irrevocably and unconditionally attorn to the exclusive jurisdiction of the courts of the Province of Alberta and all courts competent to hear appeals therefrom.

• The invalidity or unenforceability of any provision or part of any provision of this Agreement, shall not affect the validity or enforceability of any other provision or part of this Agreement, and any such invalid or unenforceable provision or part thereof shall be deemed to be separate, severable and distinct, and the remainder of this Agreement shall remain in full force and effect.

• YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THE TERMS OF THIS AGREEMENT, AND THAT YOU HAVE HAD THE OPPORTUNITY TO SEEK, AND WAS NOT PREVENTED FROM SEEKING, INDEPENDENT LEGAL ADVICE PRIOR TO ACCEPTING THE TERMS OF THIS AGREEMENT, AND THAT YOU HAVE OBTAINED INDEPENDENT LEGAL ADVICE OR WAIVED THE RIGHT TO SAME.