Last Updated: April 27, 2021
Welcome to the Hyfit Guide application (“App”), operated by TierZero.
At TierZero, we offer services and content through our applications. We provide services to you subject to the following notices, terms, and conditions (the “Terms”).
Please read these terms carefully. These terms, as modified or amended from time to time, are a binding contract between TierZero (“we” and/or “us”, etc.) and you ("you”).
You may only use the Hyfit Guide App operated by TierZero if you first accept these terms.
In addition, when you use any current or future TierZero service or visit or purchase from any business affiliated with TierZero, whether or not included in the App, you also will be subject to the guidelines and conditions applicable to such service or business. If these terms are inconsistent with TierZero’s terms, such terms will prevail.
If you create an account on the App, you are responsible for maintaining the security of your account and data, and you are fully responsible for all activities that occur under the account. You must immediately notify TierZero of any unauthorized uses of your data, your account or any other breaches of security. You may not use the account, username, or password of another user at any time or disclosing your password to any third party or permitting any third party to access your account;
This policy covers how TierZero treats personal information that is collected or received through the services we provide. Personal information is information about you that is personally identifiable like your name, address, email address, or phone number, and any information that is not otherwise publicly available. This policy does not apply to the practices of companies that we do not own or control, or to people that we do not employ or manage. Companies such as our Internet access, website and email hosting company, Facebook, and others have their own privacy statements which can be viewed on their respective websites.
INFORMATION COLLECTION AND USE
TierZero collects personal information when you contract with us to use or purchase our services. When you contract with us for a particular service, we will ask you to provide us with your name, email address, and phone number.
The TierZero App may from time to time collect App usage information such as the number of sessions, certain responses, and session duration, for the purpose of enhancing your experience. This information is stored on our server logs. The information from the server logs is used anonymously and is not linked to any individual user and contains no personal identifiers accessible to us the developer. TierZero uses the information that is collected for the following general purposes: to provide updates to you regarding products and services, to fulfill your requests for products and services, improve products and services, contact you, conduct research, and to optimize and improve the App.
OWNERSHIP OF CONTENT
You acknowledge and agree that: (i) TierZero owns all rights, title and interest in and to all Content posted, generated, or contributed (“the Content”) to the App by You or other users; and (ii) nothing in this Agreement will confer You any right of ownership in the Content or any license to any Content other than the Rights expressly granted in this Agreement.
We may occasionally send emails to you. This is required for certain uses of the App. We may also send information to you regarding your account activity and purchases as well as updates about our products and promotional offers. You may elect to opt-out of receiving promotional emails at any time.
Hyfit Guide does not design any part of its App to attract anyone under age 13. Hyfit Guide will not knowingly contact children under age 13 without a parent's permission. Hyfit Guide does not knowingly ask a child under age 13 for any personal information.
INFORMATION SHARING AND DISCLOSURE
TierZero does not rent, sell or share personal information about you with other people or companies except under the following circumstances:
- We provide shipping information to our shippers so that they may deliver products to you. - We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims. - We share information with law enforcement agencies in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, suspected copyright infringement, situations involving potential threats to the physical safety of any person, or as otherwise required by law.
CONFIDENTIALITY AND SECURITY
We limit access to personal information about you to only those we believe reasonably need to come into contact with that information to provide our products or services to you. We have physical, electronic, and procedural safeguards to protect personal information about you.
ORDERING OF SERVICES; CONDUCT OF SERVICES
If you choose to order a product or service through the App, we will make best efforts to provide that service or product to the best of our ability. However, we make no warranty with regards to your satisfaction with any service or product in general. You will receive access to reading content created by others, which access can be revoked at our discretion. Prices for services where applicable will be listed on the App and may change from time to time.
Content may be removed from the App without prior notice to ensure quality standards are maintained.
You may contact TierZero Customer Services by sending an email to the provided contact on the distribution app store. You acknowledge that the provision of customer support is at TierZero’s sole discretion, and that TierZero shall have no obligation to provide you with customer support of any kind. We may provide you with customer support from time to time, at our sole discretion, and the provision of some level of support is no guarantee of future support.
NOTICE RE NAMES AND TRADEMARKS
You may not use the name “TierZero” or any other names or Trademarks listed on the App or in any App content. All rights are reserved.
NOTICE RE COPYRIGHT OWNERSHIP: TierZero
All rights reserved. All content on the App is subject to intellectual property rights, contractual rights or other protections. The intellectual property rights are owned by TierZero or its licensors. No content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in the Terms or with the prior express written consent of TierZero. Modification or use of the materials for any other purpose may violate intellectual property rights. TierZero maintains the worldwide, exclusive copyright on all content created by its users.
MINIMUM AGE REQUIREMENT
The App is intended for use by persons who are at least 18 years old, or the legal age required to form a binding contract in your jurisdiction if that age is greater than 18. By using the App, you represent and warrant that you are at least 18 years old and of legal age to form a binding contract. If you are under 18, you may use the App only with the permission and involvement of a parent or guardian.
DEALINGS WITH MERCHANTS; LINKS
Your correspondence or business dealings with, or participation in promotions of, third party merchants or advertisers that are found on or through the App or which provide links on the App, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You waive any claim against TierZero and agree to hold TierZero harmless from any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the App.
You agree to electronic communication for all of your transactions and communication with TierZero and the App. You agree that all postings, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.
NOTICES AND CONTACT INFORMATION; COPYRIGHT COMPLAINTS
Except as otherwise provided in these Terms, TierZero will give you any notices by posting them on the App, and you agree that such posting will constitute effective notice.
You authorize TierZero to send notices (including without limitation notice of subpoenas or other legal process, if any) via electronic mail as well if TierZero decides, in its sole discretion, to do so. You agree to keep your address current and that notice provided by TierZero to the address that you have most recently provided will constitute effective notice. TierZero’s address for Legal Notices is:
Kleiman Law Jonathan Kleiman 1235 Bay Street, Suite 700 Toronto, Ontario, M5R 3K4
TierZero respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide TierZero with written notice.
You agree not to do, or attempt to do, any of the following, subject to applicable law: (a) alter information on or obtained from the App unless through tools provided on the App by us; (b) tamper with postings, registration information, profiles, submissions or Content of other users; (c) use any robot, spider, scraper or other automated means or interface not provided by us to access the App or extract data or gather or use information, such as email addresses, available from the App or transmit any unsolicited advertising, "junk mail," "spam," or "chain letters"; (d) frame any part of the App, or link to the App, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by TierZero; (e) impersonate or misrepresent your affiliation with any person or entity; (f) bypass or circumvent measures employed to prevent or limit access to any area, content or code of the App (except as otherwise expressly permitted by law); (g) take any action which might impose a significant burden (as determined by us) on the App’s infrastructure or performance, or send to or otherwise impact us or the App (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware," "adware" or other code that could adversely impact the App or any recipient; (h) willfully enter incorrect information; (i) post content created by anybody other than yourself.
Furthermore, prohibited content includes anything that:
is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any class or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains anything sexually suggestive, excessive violence, or offensive subject matter;
solicits personal information from anyone under 18;
publicly posts information that poses or creates a privacy or security risk to any person;
includes information about another person that you have posted without that person's consent;
violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work;
solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, or "spamming";
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
involves commercial activities and/or sales without prior written consent from TierZero such as contests, sweepstakes, barter, advertising, or pyramid schemes;
impersonates or attempts to impersonate another user, person or entity.
PROTECTION OF SITE CONTENT
Our App is protected by Canadian, U.S. and international intellectual property laws, which you agree to respect. All content on the App, including but not limited to text, logos, icons, images, graphics, audio clips, compilations, and downloads, as well as the collection, arrangement, and assembly of such content, is the exclusive property of TierZero or its content suppliers. All software used on the App is the property of TierZero or its software suppliers.
TERMINATION OR CANCELLATION
You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate these Terms, your access to the App, and/or your Account, or suspend or block your access to the App. You will still be liable for any breaches of these Terms and/or obligations incurred before the Terms end. If you use the App after termination of these Terms, that use will constitute your agreement to the Terms then posted on the App. TierZero may continue to use electronic or printed materials it has created, or has developed specific plans to create, that contain such Content according to the terms contained above with respect to removal or modification of Content previously posted on the App.
PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide TierZero with the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed upon;
c. A description of where the material that you claim is infringing is located on the site;
d. Your address, telephone number, and e-mail address;
e. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
TierZero’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
1235 Bay Street, Suite 700 Toronto, Ontario, M5R 3K4
DISCLAIMER OF WARRANTIES
THE APP MAY CONTAIN ADVICE, OPINIONS, INFORMATION, INSTRUCTIONS AND STATEMENTS FROM TIERZERO, ITS USERS AND OTHER CONTENT AND INFORMATION PROVIDERS. THIS CONTENT IS INTENDED TO BE USED FOR ENTERTAINMENT PURPOSES ONLY. YOU USE THE APP AND CONTENT AT YOUR OWN RISK. THE App IS PROVIDED BY TIERZERO ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TIERZERO MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APP OR THE INFORMATION OR CONTENT INCLUDED ON THE APP. TIERZERO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE App WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TIERZERO EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS,
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER TIERZERO, NOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS AND SUPPLIERS, NOR EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF TierZero AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AND SUPPLIERS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.
a. Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible.
c. Disputes; Choice of Law; Export Limitations. The App is controlled by us from our offices within Canada, and some aspects and portion of the App are hosted at third-party servers within Canada and the United States of America. If you choose to access this App from locations outside Canada, you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the App in violation of Canadian or U.S. import and/or export laws and regulations or the Terms. By visiting the App, you agree that these Terms and all performances and claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of the App will be resolved by arbitration. Any dispute or claim relating in any way to your visit to the App or to products or services sold or distributed by TierZero or through the App will be resolved by binding arbitration, rather than in court, except that we and you may assert claims in small claims court if the claims qualify.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
d. Limitations on Actions. Any action concerning any dispute you may have with respect to the App must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
e. Paragraph Headings. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect.
g. No Waiver. The failure of TierZero to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or TierZero right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.