PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY. By accessing or using this Site, you agree to these terms of use, conditions and all applicable laws. If you do not agree to these terms you may not use this Site.
MODIFICATION OF THESE TERMS OF USE
SHIFT-IT Coach, Inc. reserves the right to change the terms, conditions, and notices under which the SHIFT-IT Coach, Inc. Web Sites are offered, including but not limited to the charges associated with the use of the SHIFT-IT Coach, Inc. Web Sites. You are responsible for regularly reviewing these terms and conditions.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the SHIFT-IT Coach, Inc. Web Sites are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the SHIFT-IT Coach, Inc. Web Sites.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use, or to place an order with SHIFT-IT Coach, Inc. or to purchase SHIFT-IT Coach, Inc. products. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of SHIFT-IT Coach, Inc. is strictly prohibited.
Harassment in any manner or form on the Site or any of the SHIFT-IT Coach, Inc. Websites, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a SHIFT-IT Coach, Inc. employee, host, or representative or other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
COPYRIGHTS AND TRADEMARKS
The entire content included in this Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of SHIFT-IT Coach, Inc. The collective work includes works that are licensed to SHIFT-IT Coach, Inc. Copyright 2014. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the “Marks”) are trademarks or registered trademarks of and are proprietary to SHIFT-IT Coach, Inc, or other respective owners that have granted SHIFT-IT Coach, Inc. the right and license to use such Marks.
TYPOGRAPHICAL ERRORS.
In the event a SHIFT-IT Coach, Inc. product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, SHIFT-IT Coach, Inc. shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. SHIFT-IT Coach, Inc. shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, SHIFT-IT Coach, Inc. shall issue a credit to your credit card account in the amount of the incorrect price.
TERM TERMINATION.
These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These terms and conditions, or any of them, may be modified or terminated by SHIFT-IT Coach, Inc. without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.
USER PARTICIPATION.
SHIFT-IT Coach, Inc. does not and cannot review all communications and materials posted to or created by users accessing the Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Site, SHIFT-IT Coach, Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, SHIFT-IT Coach, Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to SHIFT-IT Coach, Inc. at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by SHIFT-IT Coach, Inc. in accordance with SHIFT-IT Coach, Inc. Privacy Statement.
USER CHAT ROOMS.
SHIFT-IT Coach, Inc. may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. SHIFT-IT Coach, Inc. , however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.
THIRD-PARTY LINKS.
In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). However, even if the third party is affiliated with SHIFT-IT Coach, Inc, SHIFT-IT Coach, Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of SHIFT-IT Coach, Inc. . SHIFT-IT Coach, Inc. has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that SHIFT-IT Coach, Inc. sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, SHIFT-IT Coach, Inc. seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).You should contact the Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. SHIFT-IT COACH, INC. DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL SHIFT-IT COACH, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF SHIFT-IT COACH, INC. HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless SHIFT-IT Coach, Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the “Provider”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.
APPLICABLE LAWS.
Your use of this Site shall be governed in all respects by the laws of the province of British Columbia, Canada., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of SHIFT-IT Coach, Inc. products) shall be in the state or federal courts located in Victoria, British Columbia. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of SHIFT-IT Coach, Inc. products) must be commenced within one (1) year after the claim or cause of action arises. SHIFT-IT Coach, Inc.’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. SHIFT-IT Coach, Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.
SHIFT-IT Coach, Inc. makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside British Columbia do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of Canadian export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the Province of British Columbia.
By using this Site, you agree that SHIFT-IT Coach, Inc., at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the Canadian Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the province as set forth in the previous section.
Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.
SHIFT-IT Coach, Inc. may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
