Terms of Use

By using the content or classes in the Operation Human First platform you agree to the following Terms of Use.

Alexandria Murphy (the “Instructor”) has created and designed the exercise programs in the Operation Human First online platform (the “Content”) for use by users (referred to as “User” or “You”).  
2. The User acknowledges and accepts that:
     a)  it must comply with these Terms of Use, when accessing and using the Content;
     b) the Instructor may amend these Terms of Use at any time in its sole discretion and it is the User must review any amendments to its satisfaction when alerted by the Instructor; and
     c) the User’s continued use of the Content shall be deemed and considered to be the User’s acceptance of the Terms of Use, as amended.
Kinstretch and Exercises
3. The User acknowledges that the exercises within the Content, including but not limited to Kinstretch, are types of physical activity designed to improve general mobility and movement capacity. The exercises within the Content are not a form of physical therapy.  All services provided by the Instructor in relation to the Content are not physical therapy and do not fall within the jurisdiction of the Saskatchewan College of Physical Therapists, nor is the Content regulated by any similar body or medical body in any other jurisdiction.
Health and Safety
4. The User must, prior to accessing and using the Content, consult with a physician and confirm that the User is healthy, in good physical condition and free from any disability or condition that could be adversely impacted by using the Content and engaging in the activities demonstrated in the Content, which may include rigorous physical activity, resistance training, body weight calisthenics, cardiovascular training, jumping, running and stretching.
5. The User must immediately stop using the Content and contact a physician if it experience any adverse medical condition or reaction to the activities demonstrated in the Content, including light-headedness, dizziness, fatigue, shortness of breath, rapid or weak heartrate, pain in the chest, head or abdomen, blurred vision, joint pain, or any condition or symptom not typically experienced during physical activity. 
Risks of Use
6. The User acknowledges that:
     a) the Content includes intense physical activities and dynamic movements; and
     b) engaging in the activities demonstrated in the Content poses a significant risk of injury, including but not limited to heart attack, muscle strains, muscle pulls, muscle tears, broken bones, shin splints, heat prostration, injuries to knees, back, foot, or other serious ailments including death.
7. the User assumes all risks inherent with the activities depicted in the Content and expressly waives and releases the Instructor, its agents, partners, subsidiaries and assigns, from any claim, liability, damage or expense arising from the User’s use, engagement or involvement with the Content and the performance of any activities depicted or recommended in the Content.
Intellectual Property Rights
8. All right, title and interest in the Operation Human First platform, including the Content and associated material, shall remain wholly owned by the Instructor and is protected by intellectual property laws.
9. Without limiting the generality of the foregoing, the User is expressly prohibited from:
     a) distributing or copying the Content;
     b) including the Content with any product or service that the User sells, leases, licenses or markets; or
     c) reverse engineering or converting the Content,
     without the prior written consent of the Instructor.
10. Except as set out in these Terms of Use, nothing shall be construed as conferring any intellectual property right to the User from the Instructor or any other person who owns copyright in the Content or trademark to Kinstretch.
Disclaimer
11. The Instructor disclaims making any representations or warranties of any kind, express or implied, whatsoever in respect of the Content, including, without limitation, those of safety, suitability for any condition or ailment, fitness for a particular purpose, non-infringement of proprietary rights and those arising by law, under statute, in trade, by course of dealing or otherwise.
12. Without limiting the generality of the foregoing, the Instructor does not represent or warrant that:
     a) access to the Content will be secure, timely, error or virus-free, continuous or uninterrupted;
     b) the Content will be accurate, complete and current;
     c) errors, defects and inaccuracies in the Content will be corrected.
13. The Instructor disclaims that results will vary and will depend on my factors including but not limited to background, experience, and work ethic
Authorization and Access
14. The User must ensure that only authorized personnel are permitted to access the Content and must protect its password(s), if applicable.
15. If the User becomes aware of any unauthorized knowledge of its password or access to the Content, it must immediately notify the Instructor and take all steps to secure its account.
Consequential Losses
16. The Instructor will not be responsible for any direct, indirect, special, incidental or consequential damages whatsoever and howsoever caused, arising out of or in connection with the use or, the inability to use, or from any errors or omissions contained in, the Content, Operation Human First platform or in reliance on the information provided to the User, including any injury, death, property damage, loss of income, forgone opportunities, even if the Instructor has been advised of the possibility of such damages.  
Confidentiality Warning
17. The User acknowledges and agrees that the internet is not a secure medium and privacy cannot be ensured. Internet communication is vulnerable to interception and forging. The Instructor will not be responsible for any damages that the User or any third party may suffer as a result of the transmission of confidential information through the internet, or for any errors, gaps or any changes made to any transmitted information.
Conformance with Law
18. The User’s use of the Content shall not violate any applicable local, provincial, federal or international law, including but not limited to any regulations having the force of law.
Indemnity
19. The User must defend, indemnify and hold harmless the Instructor, and its affiliates, partners, officers, directors, employees, shareholders and agents from and against any and all costs and expenses, including reasonable legal and accounting fees arising out of or in connection with any act or omission of the User in its use of the Content, or any alleged violation by the User of these Terms of Use.  Notwithstanding the foregoing, the Instructor retains the exclusive right to defend, settle and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against the Instructor by third parties and in no event may the User settle any such claim without the prior written approval of the Instructor.
Subscriptions, Payment, and Cancellation
20. The “Unlimited Subscription” and “Base Subscription” are billed on a Subscription basis ("Subscription(s)"). You will be billed on a recurring basis ("Billing Cycle"). Billing Cycles are set on a monthly basis. At the end of each Billing Cycle, the User’s Subscription will automatically renew under the exact same conditions until the User terminates their Subscription, either through the “Billing” section of your online “My Account” page or by contacting Alex Murphy. If the User joined the subscription any day following June 1, 2021 the User will cancel the Subscription in their Account Settings by logging in, clicking on “My Account” under the User’s name in the top right-hand corner, selecting “Billing”, and then selecting “Cancel”. When the Subscription is terminated by the User via the Account Settings, the Billing Cycle and access to the Content will be terminated immediately. It is the sole responsibility of the User to cancel their Subscription before the end of their Billing Cycle if the User wishes to avoid being billed. The date that the User’s Billing Cycle renews is also located on the “Billing” page. If the User joined the Subscription prior to June 1, 2021 the User will cancel their Subscription by contacting Alex Murphy via email. Termination via email takes effect within 1-10 business days after the User’s termination request is received by Alex Murphy. It is the User’s responsibility to ensure the request made to Alex Murphy to cancel the Subscription occurs 10 business days before the end of the Billing Cycle or the day that the User’s credit card is charged each month which can also be located by looking at your credit card statements. Subscriptions and payments will not be reimbursed or refunded. Pro-rated refunds, refunds for partial months of service, or refunds for months unused with an open account will not be offered. There are no exceptions. 
21. A valid credit card is required to process the payment for all Subscriptions. All payments are processed through a third party, Stripe Inc. (“Stripe”). Upon initiating the subscription, the User must provide Stripe with accurate and complete billing information including full name, email, country of origin, state/province, and valid payment method information. By submitting this payment information, you automatically authorize Operation Human First and Stripe to charge all Subscription fees incurred through your account to any such payment instruments. If automatic billing fails to occur for any reason, Operation Human First or Stripe will send an electronic invoice to your email indicating that payment must be collected manually by a set due date.
22. The User agrees to pay all fees and charges incurred in connection with your Subscription (including any applicable taxes) at the rates in effect when the charges are incurred. The User must pay all amounts due upon notice of the amounts due. In the event we have to collect unpaid amounts owing, the User will be liable for all legal and collection agency fees.
Free Trials
23. Operation Human First may offer a free trial period. The day that the User initiates the free trial period is “Day 1” of the free trial. Operation Human First does not offer multiple free trials to the same User. Once the free trial period is over the Billing Cycle begins immediately and will continue to be billed on a monthly basis. It is the sole responsibility of the User to cancel their free trial before the Billing Cycle begins. The date that the Billing Cycle is set to begin can be viewed in the User’s Dashboard by” clicking the User’s name in the top right-hand corner, and clicking on “Billing”. All Subscriptions are non-refundable. No refunds will be issued.
Enurement
24. These Terms of Use will enure to the benefit of the parties, their successors, affiliates, subsidiaries and assigns.