Your use of the Services is subject to the following terms and conditions (“Terms”), which may be updated by us from time to time without notice to you. These Terms are entered between Cardio Plein Air, operating under the name Cardio Plein Air (“Cardio Plein Air,” “us” or “we”) and you, and they set forth the terms which govern your use of any Cardio Plein Air websites, including www.cardiopleinair.ca (the “Site”). Collectively, the use of the Site and of any Cardio Plein Air products and services is referred to herein as the “Services.”
By accessing or using the Services, whether accessed directly or through a third-party site, you agree that you have read, understood, and agreed to be bound by these Terms. You may not accept these Terms if you are not legally authorized to accept and be bound by these Terms or are not at least 18 years of age (or have your parents’ permission to buy from us). If you disagree with these Terms (as they may be amended from time to time), or are dissatisfied with our Services, your sole and exclusive remedy is to discontinue using our Services.
Cardio Plein Air reserves the right to amend these Terms, including any information, including but not limited to prices, technical specifications, terms of purchase and product offerings, without prior notice and at its own discretion.
Although we strive to provide the latest developments relating to our Services, and other information about us, we do not warrant nor guarantee the accuracy, effectiveness and suitability of any information contained on this Site and/or related to Services, in any form, including but not limited to information on Services, their availability or their technical specifications and representations made, which are for informational use only. Each person assumes full responsibility and all risks arising from the use of our Services. The information is presented “AS IS” and may include inaccuracies or errors. We reserve the right to make additions, deletions, or modifications to any information at any time without any prior notification. Prices are for informational purposes only and are subject to change without notice. In case of discrepancy between these prices and the prices indicated when registering for a subscription, it is these last prices that take precedence. A subscription is not transferable to another person.
As a user of our Services, you understand, acknowledge and agree to the following:
a. You are granted a nonexclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Services and its content in accordance with the Terms herein. We may terminate this license at any time for any reason;
b. You agree not to disrupt or intercept electronic information posted on this Site or on any of our servers. You also agree not to attempt to circumvent any security features of our Site, nor to engage in disruptive or destructive acts, including flaming, spamming, flooding, trolling as those terms are commonly understood and used on the Internet, and to abide by all applicable, local, provincial, state, federal and international laws, rules and regulations;
e. You agree that you are personally responsible for your use of the Services, included but not limited to any statements made, images or information used or posted, or third-party software available, and you agree to defend and hold harmless Cardio Plein Air and its respective affiliates, subsidiaries, agents, representatives, associates, officers, directors, shareholders and employees from any such activity conducted by you or through your account, if applicable, on the Site.
f. Cardio Plein Air reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Site and/or the Services to any person, geographic area, or jurisdiction we so desire, and to limit the quantities of any such Service or products that we provide.
As a user of our Services, including as a purchaser of any Cardio Plein Air content, you acknowledge and agree that you will not:
a. copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through using our Services;
b. use our Services by any means other than through the standard industry-accepted or Cardio Plein Air-provided interfaces;
c. transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another’s right of privacy or publicity;
d. impersonate any person or entity, including without limitation, a Cardio Plein Air official, forum leader, chat room monitor, guide or host, or falsely state or otherwise misrepresent your affiliation with such a person or entity;
e. post or transmit any material that contains a virus or corrupted data;
f. delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
g. use of any of our Service’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous postings of repetitive text);
h. post or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;
i. violate any applicable local, state, national or international law;
j. upload, copy and/or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
k. delete or revise any material posted by any other person or entity;
l. manipulate or otherwise display the Site and/or the Services by using framing or similar navigational technology;
m. register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Cardio Plein Air product or Service if you are not expressly authorized by such party to do so; or
n. use our Services for any purpose that is unlawful or prohibited by these terms and conditions. You may not use our Services in any manner that could damage, disable, overburden or impair Cardio Plein Air’s servers or networks, or interfere with any other user’s use and enjoyment of the Services. Furthermore, you may not attempt to gain unauthorized access to our Services, accounts, computer systems or networks connected to Cardio Plein Air through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through our Services.
All title, ownership rights, intellectual property rights, information on this Site, including without limitation any software, titles, trademarks, logos, digital products, e-books, PDF format downloads, resource material, videos, information, documents, drawings, related graphics, pictures and rich media (video), published computer code, technology, themes, objects, concepts and other copyright (the “Information”) are the sole property of the Cardio Plein Air, except for information provided by third-party providers and indicated as such. The content of this Site, including the Information, may not be reproduced or transmitted in any form or by any means, electronic or mechanical, including facsimile transmission, photocopying, recording or using storage or retrieval of information systems without the express written permission of the copyright owner. We are not responsible for content provided by third-party providers, and you are prohibited from distribution of such material without permission of the owner of the copyright therein. Except as permitted herein, no license or right, express or implied, is granted to any person under any patent, trademark or other proprietary right of Cardio Plein Air.
If you believe in good faith that materials hosted by us infringe your copyright, you, or your agent may send a notice to Cardio Plein Air requesting that the material be removed or access to it be blocked.
You recognize and agree that when submitting your personal information to us, while we have reasonable safeguards in place to prevent unauthorized access or interception, there is no absolute guarantee of security. IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORIZED ACCESS DESPITE OUR EFFORTS, CARDIO PLEIN AIR SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORIZED ACCESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY A CUSTOMER OR USER, EVEN IF CARDIO PLEIN AIR HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CARDIO PLEIN AIR DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIEDLY, THAT THE INFORMATION PROVIDED BY ANY CUSTOMER SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS.
If any of our Services require you to open an account, you must complete the registration process by providing us with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to Cardio Plein Air which is untrue, inaccurate, not current or incomplete, Cardio Plein Air reserves the right to terminate this Agreement and your continued access and use of our Services. As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, EITHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by Cardio Plein Air or another party due to someone else using your account or password.
LIMITATION OF LIABILITY AND REMEDIES
NEITHER CARDIO PLEIN AIR NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITE AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITES AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITE; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE OR THE SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITE OR THE SERVICES; (vii) ANY DAMAGE RESULTING FROM THE USE OF THIRD PARTY PROVIDERS ACCESSED THROUGH THIRD-PARTY HYPERLINKS (INCLUDING PAYMENT) AND THE EFFECTIVENESS, TIMELINESS AND SUITABILITY OF ANY INFORMATION OR CONTENT OBTAINED FROM THIRD PARTIES and/or (viii) ANY OTHER MATTER RELATING TO THE SITE AND/OR THE SERVICES. IN NO EVENT SHALL CARDIO PLEIN AIR’S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], STATUTORY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE SERVICES (REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES).
We are not responsible, for the accuracy, effectiveness, timeliness and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. Except as otherwise provided on this Site, we will not edit, censor or otherwise control any content provided by third parties on any bulletin board, chat room or other similar forums posted on its Site. Such information should, therefore, be considered as suspect and is not endorsed by us.
We take measures to monitor and update content on the Site, but we do not represent or warrant that the Site will at all times be error-free, free of viruses or other harmful components, or that defects will be corrected.
We reserve the right to seek all remedies available at law and in equity for violations of the Terms, including but not limited to the right to terminate and/or block access from a particular Internet address to our Services and their content. You agree that any violation of these Terms by you will constitute an unlawful and unfair business practice and will cause irreparable harm to the Company, for which money damages would be inadequate and you consent to the Company obtaining any injunctive or equitable relief that the Company deems necessary and appropriate in such circumstances. These remedies are in addition to any other remedies available at law or in equity.
PROFESSIONAL ADVICE DISCLAIMER
OUR SERVICES OFFER HEALTH, FITNESS AND NUTRITIONAL INFORMATION AND ARE DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH-RELATED ADVICE FROM YOUR HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND CARDIO PLEIN AIR MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THIS SITE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
You agree to indemnify, defend, and hold Cardio Plein Air and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees and disbursements) which arise directly or indirectly out of or from (i) your breach of the Terms, (ii) any allegation that any materials that you submit to the Site or post on any forums (e.g., support groups, chat rooms) infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party, and (iii) your access to, or use of, the Services.
TERMINATION OF USE
You agree that Cardio Plein Air, at its sole discretion, may terminate your password, account (in whole or in part), or your use of the Services, and remove and discard any content within the Site, at any time and for any reason. You agree that any actions taken hereunder may be effective without prior notice to you. In the event of termination, the terms which provide for continuing obligations on your part shall survive indefinitely.
GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and interpreted in accordance with the laws of the Province of Quebec, and the laws of Canada as applicable, and you irrevocably attorn to the exclusive jurisdiction of the courts of Quebec.
These Terms are not assignable, transferable or sublicensable by you except with our prior written consent. However, we may assign these Terms to any third party whom we choose without your consent. No waiver by Cardio Plein Air of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default. We may terminate your use of the Services immediately with or without notice if, in our sole judgment, you breach any of these Terms. Upon termination, you may not use our Services, including accessing the Site after such termination without our written approval. If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.