We respect your privacy. Any and all information collected on this site will be kept strictly confidential and will not be sold, disclosed to third parties or reused without your permission. Any information you give to us will be held with care and will not be used in ways that you have not consented to.
web site is owned and operated by Canadian Fitness Education Services
READ THESE TERMS AND CONDITIONS OF USE BEFORE USING CFES'S WEB
using this site, you signify your agreement with these Terms and
Conditions of Use. If you do not agree to these terms and conditions,
please do not use or further access this site.
agree to supervise usage by, and be responsible for the actions of,
any minors who use your computer to access this site. By providing
information or placing an order, you represent and warrant that you
are at least thirteen (18) years of age.
AND PROTECTION OF PERSONAL INFORMATION. See
complete information relating to the collection and use of your
CFES reserves the right to change the terms and conditions under
which this site is offered by making changes to these Terms and
Conditions of Use. You are responsible for regularly reviewing these
Terms and Conditions of Use. Your continued use of this site
constitutes your agreement to all such terms and conditions.
TO OTHER SITES. This
site may contain images of and links to other web sites that are
independently run sites outside of the canadianfitness.net domain.
CFES has no control over or responsibility for the content of such
independent sites, which have their own privacy and data collection
these links to you only as a convenience. Neither these sites, nor
any content available through links to and from them, are screened,
reviewed or endorsed by CFES. CFES has no liability for any damages
caused by the use or inability to use such third party sites.
materials published or otherwise accessible through this site
including, but not limited to, news articles, text, photographs,
images, illustrations, audio clips, video clips, software, and other
materials (the "Content") are protected by copyright, and
are owned or controlled by CFES and any others which may own
copyright or the party credited as the provider of the Content. All
visitors shall abide by all additional copyright notices,
information, and restrictions contained in the Content. All visitors
shall abide by all additional copyright notices, information, and
restrictions contained in any content accessed through this site.
trademarks, logos, and service marks, including but not limited to,
"Stormtech", "Muscle Up", "TYR", “Blue
Wonder”, Hazmasters”, “Remington Medical”, “P3”,
“Nuskin”, “Human Kinetics”, “Ryka”, “Avia”, “Green
Heat”, “Nellie's All Natural”, “Recycled Patio”, “Vibe
Plate”, “Ugi”, “Theragear” and other names, logos, and
icons identifying the products and services (collectively the
"trademarks") displayed on the site, are registered and
unregistered trademarks of CFES and others. Nothing contained on the
site should be construed as granting, by implication, estoppel, or
otherwise, any license or right to use any trademark displayed on the
site without the written permission of CFES. Your misuse of the
trademarks displayed on the site, or any other content on the site,
prohibited. You are also advised that CFES will aggressively enforce
its intellectual property rights to the fullest extent of the law,
including the seeking of criminal prosecution.
INTELLECTUAL PROPERTY RIGHTS. The
content on this web site is provided solely for your information,
entertainment and educational use. It shall not be copied,
reproduced, republished, uploaded, posted, transmitted or distributed
without CFES’s express written permission. You shall not use in any
manner any of the content from this web site on any other web site,
online service or networked computer environment.
Subject to any
expressly stated limitations on this web site, however, you may
download or print portions of the content or trademarks on this web
site on a single home computing device solely for your personal,
non-commercial use, provided that you keep intact all copyright,
trademark or other proprietary notices. Any other use is prohibited.
CFES will at all times retain complete ownership of the content and
trademarks on this site.
UNLAWFUL OR PROHIBITED USE. You
shall not use this site for any purpose that is unlawful or
prohibited by this agreement, or in any manner that could damage,
disable, overburden, or impair CFES or interfere with any other
party's use and enjoyment of this site. You shall not attempt to gain
unauthorized access to any CFES accounts, computer systems or
networks through hacking, password mining or any other means, or
interfere with or modify in any manner the appearance or operation of
this site. You shall not obtain or attempt to obtain any materials or
information through any means not intentionally made available
through this site.
CFES reserves the right at all times to monitor your use of this site
and to disclose any information as CFES deems necessary to satisfy
any applicable law, regulation, legal process or governmental request
or to protect its rights or a third party’s safety.
OF WARRANTY. THIS
WEB SITE AND THE CONTENT ON IT ARE PROVIDED "AS IS." CFES
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT
PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NONINFRINGEMENT. CFES DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED
IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE THIS SITE
AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO
THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
OF LIABILITY. IN
NO EVENT WILL CFES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL,
INCIDENTAL, EXEMPLARY OR SPECIAL DAMAGES RESULTING FROM YOUR USE OR
INABILITY TO USE THIS SITE, EVEN IF CFES HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL APPLY TO DAMAGES
FROM ANY CAUSE OF ACTION, INCLUDING, BUT NOT LIMITED TO, TORT
(INCLUDING NEGLIGENCE), CONTRACT, INDEMNITY OR OTHERWISE. IN NO EVENT
WILL CFES'S LIABILITY TO YOU FOR ANY CAUSE OF ACTION EXCEED THE
AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEB SITE. APPLICABLE
LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY ABOVE, SO
THESE MAY NOT APPLY TO YOU.
agree to defend, indemnify and hold Canadian Fitness Education
Services and any of its officers, directors, employees, agents and
affiliates harmless from and against any and all claims, actions,
liabilities, costs or damages asserted by any third party arising
from or related to your use of this site or conduct in connection
therewith, or otherwise arising from or related to your use of this
site. You further agree to pay our reasonable attorneys' and expert
witness fees and costs arising from any actions or claims hereunder
and those incurred in establishing the applicability of this
visiting CFESWebstore.canadianfitness.net, you agree that the laws of
the province of BC, without regard to principles of conflict of laws,
will govern these Conditions of Use and any dispute of any sort that
might arise between you and CFES.
POLICIES, MODIFICATION, AND SEVERABILITY. Please
review our other policies, such as our 'Return Policy', posted on
this site. These policies also govern your visit to
CFESWebstore.canadianfitness.net. We reserve the right to make
changes to our site, policies, and these Conditions of Use at any
time. If any of these conditions shall be deemed invalid, void, or
for any reason unenforceable, that condition shall be deemed
severable and shall not affect the validity and enforceability of any
constitutes the entire agreement between you and Canadian Fitness
Education Services regarding the access and use of this web site.
reserves the right to terminate or modify this agreement at any time.
All provisions regarding the protection and ownership of CFES's
intellectual property, disclaimer of warranties, limitations of
liability, governing law, and attorneys' fees will survive
does not collect personally identifiable information from you unless
you voluntarily provide it to us. CFES may ask you to provide
personally identifiable information such as your name, company, and
· you register to receive information from CFES and
· you send questions, comments, or other messages
· you request specific information, materials, or
· you participate in surveys, promotions,
premiums, or contests.
CFES may use your personally identifiable
· register you in programs;
· create and
· provide you with information related to your
account and your purchases;
· respond to your messages, questions
· better understand your needs and interests;
improve our products and services; and
· otherwise fulfill the
purpose for which you provided the information.
CFES and its
licensees and affiliates may also use your personally identifiable
information to send you (via regular or electronic mail) special
offers and product information that may be of interest to you. You
will have an opportunity to unsubscribe to such promotional messages
when you provide personal information to us online and when we send
promotional messages addressed directly to you.
"cookie" is a small text file containing a unique
identification number that is transferred from a site like the CFES
web site to the hard drive of your computer so that the site
administrator may identify your computer and passively track its
activities on the site. If your browser accepts "cookies,"
CFES may use both persistent and session ID cookies to determine if
you are a repeat or new visitor; to understand how many different
visitors come to this site; to personalize your information on future
visits; to offer you information that is appropriate to your
demographics interests, and preferences; to monitor and improve its
services to you; and to facilitate your shopping session. You can
usually modify your browser to decline cookies at your preference,
however, declining cookies may limit your ability to receive the
benefit of all of the features of this site.
personally identifiable information is stored on computer servers in
a controlled environment, reasonably protected from unauthorized
access, misuse, alteration or disclosure. Although CFES strives to
secure your personally identifiable information with the same degree
of care that it secures its own confidential information, there can
be no assurances that your information will remain confidential.
Storage and processing may take place in Canada or in any other
country where CFES or its affiliates maintain facilities. By using
the CFES web site or otherwise providing information to us, you
consent to any such transfer of information outside of your country.
LIABILITY. As explained in the Terms and Conditions of Use, IN NO
EVENT WILL CFES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL,
INCIDENTAL, EXEMPLARY OR SPECIAL DAMAGES RESULTING FROM YOUR USE OF
THIS SITE OR PROVISION OF INFORMATION TO CFES, INCLUDING ANY FAILURE
CFES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE
LAW MAY NOT ALLOW THE ABOVE LIMITATION OR EXCLUSION OF LIABILITY, SO
THIS SECTION MAY NOT APPLY TO YOU.