TERMS OF USE

This web site is owned and operated by Canadian Fitness Education Services (CFES). PLEASE READ THESE TERMS AND CONDITIONS OF USE BEFORE USING CFES'S WEB SITE. By 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.

MINORS. You 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.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION. See the CFES Privacy Policy, incorporated herein by this reference, for complete information relating to the collection and use of your personal information.

MODIFICATION OF THESE TERMS OF USE. 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.

LINKS 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 practices and terms of use, independent of CFES. CFES is providing 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.

COPYRIGHTS. All 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. The 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, except as provided in these Legal Terms of Use, is strictly 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.

OTHER 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.

NO 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.

DISCLOSURE OF INFORMATION.  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.

DISCLAIMER 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.

LIMITATION 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.

INDEMNIFICATION. 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 paragraph.

APPLICABLE LAW. By 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. 

SITE 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 remaining condition.

ENTIRE AGREEMENT. This constitutes the entire agreement between you and Canadian Fitness Education Services regarding the access and use of this web site.

TERMINATION. CFES 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 termination.

PERSONAL INFORMATION. CFES 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 address when:
· you register to receive information from CFES and its affiliates.
· you send questions, comments, or other messages to CFES.
· you request specific information, materials, or warranty service.
· you participate in surveys, promotions, premiums, or contests.
CFES may use your personally identifiable information to:
· register you in programs;
· create and maintain accounts;
· provide you with information related to your account and your purchases;
· respond to your messages, questions and requests;
· 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.

COOKIES. A "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.

SECURITY. Your 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.

NO 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 BY CFES OR AN AFFILIATE TO COMPLY WITH THIS PRIVACY POLICY, EVEN IF 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.