Terms & Conditions
Website Agreement and Conditions of Use
Balanceandstability.com. Please read this website agreement carefully as it governs your use of the Balanceandstability.com website, exempts Balanceandstability.com and other persons from liability or limits their liability, and contains other important provisions that you should read.
ACCEPTANCE OF THIS WEBSITE AGREEMENT
These Conditions of Use are an Agreement between you and all persons you represent (and for purposes of these Conditions of Use, “person” includes natural persons and any type of incorporated or unincorporated entity) and Balance and Stability regarding your access to and use of the Balanceandstability.com website and all content, information, products and services available on or through the website (collectively, the “Website”). These Conditions of Use also provide benefits to Balance and Stability’s affiliates, service providers, suppliers and other persons.
Each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by these Conditions of Use as they then read, and you represent and warrant that you have the legal authority to agree to and accept these Conditions of Use on behalf of yourself and any person you purport to represent. If you do not agree with each provision of these Conditions of Use, or you are not authorized to agree to and accept these Conditions of Use on behalf of the person you purport to represent, you may not access or use the Website. The Website is for convenience and informational purposes only and is not intended to convey advice or recommendations, or an offer to sell any product or service.
These Conditions of Use are in addition to any other agreement you may have with Balance and Stability, including a transaction agreement.
CHANGES TO THESE CONDITIONS OF USE
Balance and Stability may, in its sole discretion, change these Conditions of Use from time to time as they relate to future use of the Website, by posting revised Conditions of Use on the Website. By using the Website after these revised Conditions of Use has been posted, you signify your acceptance and agreement to be bound by the revised Conditions of Use. You may not change these Conditions of Use in any manner.
OWNERSHIP AND PERMITTED USE OF THE WEBSITE
The Website (including all content, page headers, custom graphics, button icons, and scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through the Website) is the property of Balance and Stability, and is protected by Canadian and international copyright, trademark and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content.
The Website is made available to you for your lawful, personal use only. You may use the Website only in the manner described expressly in these Conditions of Use and subject to all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited.
You may print Website pages provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Balance and Stability. You may not sell or resell any part of the Website or access to the Website. You may not use any of the software that is used in the operation or provision of the Website except while you are using the Website in accordance with these Conditions of Use.
MISPRINTS AND ERRORS, PRODUCT AVAILABILITY AND PRICES
Balanceandstability.com endeavours to provide current and accurate information on the Website. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. Balanceandstability.com cannot guarantee that products and services advertised on the Website will be available when ordered or thereafter. Balanceandstability.com does not warrant that the content of the Website including, without limitation, product descriptions or photographs, is accurate or complete.
Balanceandstability.com reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available for sale on the Website, the prices, fees, charges and specifications of such products and services, any promotional offers and any other Website content without any notice or liability to you or any other person; (c) reject, correct, cancel or terminate any order, including accepted orders for any reason and (d) limit quantities available for sale or sold. The advertisements on the Website are invitations to you to make offers to purchase products and services on the Website and are not offers to sell. All prices and other amounts appearing on the Website are quoted in Canadian dollars and US Dollars.
Balance and Stability, the Balance and Stability logo and other names and logos appearing on or in connection with Website (the “Marks”) are registered or unregistered trademarks, service marks, trade names and logos owned or licensed by Balance and Stability or their respective owners or licensees.
Any use of the Marks, except as expressly provided in these Conditions of Use, is strictly prohibited. Nothing appearing on the Website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of the Marks.
NO LINKING, FRAMING, MIRRORING, SCRAPING, DATA-MINING OR POSTINGS
Links to the Website without the express written permission of Balance and Stability are strictly prohibited. To request permission to link to the Website, please send an email to info@Balanceandstability.com Balance and Stability may in its discretion cancel and revoke any permission it may give to link to the Website at any time and without any notice or liability.
The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any means is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications, or any other data of any kind to or on the Website with the intention that such postings may be viewed by other users of the Website.
In order to avoid potential misunderstandings or disputes, Balance and Stability does not accept or consider unsolicited ideas or suggestions (“Submissions”). If you send Submissions to Balance and Stability or the Website, you automatically grant (or warrant that the owner of the Submissions grants) to Balance and Stability, and its successors, assigns and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use and exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Balance and Stability or its successors, assigns and licensees, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of Balance and Stability, and its successors, assigns and licensees.
All information you provide through the Website, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. Balance and Stability will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Balance and Stability or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.
DISCLAIMERS, LIABILITY EXCLUSIONS/LIMITATIONS AND INDEMNITY
Your access to and use of the website is at your own risk. The website is provided on an “as is” and “as available” basis, without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied representations, warranties or conditions of or relating to accuracy, accessibility, fitness for a particular purpose, merchantability, performance or durability, all of which are disclaimed by Balance and Stability to the fullest extent permitted by law.
- Liability Exclusions
Balance and Stability, and its providers will never be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to the website or these conditions of use including but not limited to loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Balance and Stability or any person for whom Balance and Stability is responsible, and even if Balance and Stability has been advised of the possibility of such loss or damage being incurred.
Acknowledgement and Exclusion by Statute in Certain Jurisdictions The exclusion of certain warranties and the limitation of certain liabilities is prohibited in some jurisdictions. These statutory prohibitions may apply to you.
PERSONAL INFORMATION PRIVACY
For your convenience, the Website may include links or references to other Internet sites or resources and businesses operated by other persons (collectively “Other Sites”). Other Sites are independent from Balance and Stability and Balance and Stability has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Balance and Stability does not sponsor or endorse Other Sites or their business, goods, services, or content, unless expressly indicated in writing. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you will not make any claim against Balance and Stability arising from, connected with, or relating to your use of Other Sites or your dealings with the owners or operators of Other Sites. As between you and Balance and Stability, these Conditions of Use, with all necessary modifications, apply to your access and use of any Other Sites and their business, goods, services and content.
GOVERNING LAW AND DISPUTE RESOLUTION
These Conditions of Use, your access to and use of the Website, and all related matters are governed solely by the laws of Ontario, Canada and applicable federal laws of Canada (and in the case of use of the Website in Quebec by residents of Quebec, by the laws of Quebec and the applicable federal laws of Canada). Any dispute between you and Balance and Stability or any other person arising from, connected with or relating to the Website, these Conditions of Use, or any related matters (collectively “Disputes”) will be resolved before the Courts of Ontario, sitting in the City of Markham (and in the case of use of the Website in Quebec by residents of Quebec, before the Courts of Quebec, sitting in the City of Montreal), and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes.
If any provision of these Conditions of Use is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from these Conditions of Use and the remaining provisions will continue in full force and effect.
Any rights not expressly granted by these Conditions of Use are reserved to Balance and Stability.