Legal

PRIVACY POLICY

Human Motion.ca Strength and Conditioning Inc. (HMI) takes your privacy seriously. Please read the following to learn more about our privacy policy.

What This Privacy Policy Covers

This policy covers how HMI treats personal information that Human Motion Inc collects and receives, including information related to your past use of the services available through the Human Motion Website. Personal information is information about you that is personally identifiable like your name, address, email address, or phone number, and that is not otherwise publicly available. This policy does not apply to the practices of companies that HMI does not own or control, or to people that HMI does not employ, sub-contract or manage.

Information Collection and Use

HMI does not rent, sell, or share personal information about you with other people or companies except to provide services you have requested, when HMI has your permission, or under the following circumstances:

HMI responds to subpoenas, court orders, or legal process, or to establish or exercise its legal rights or defend against legal claims;

HMI believes it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the HMI Terms and Conditions ("AUP"), or as otherwise required by law.

HMI will transfer information about you if HMI is acquired by or merged with another company. In this event, HMI will notify you before information about you is transferred and becomes subject to a different privacy policy.

Confidentiality and Security

HMI limits access to personal information about you to employees who it reasonably believes need to come into contact with that information to provide services to you or in order to do their jobs.

HMI has physical, electronic, and procedural safeguards to protect personal information about you. These measures are intended to protect against the loss, misuse, or alteration of the information under our control. While HMI will make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally obtaining this information.

We will never sell your personal information to a third party.

Cookies

When you browse this web site, a temporary cookie is placed on your computer that helps HMI keep count of the total number of page views for each page on this web site. This cookie is erased when you exit this web site.

Public Forums

Any information that you disclose in public areas of our Web Site or the Internet may become public information. you should exercise caution when deciding to disclose personal information in these areas.

Changes to this Privacy Policy

TERMS AND CONDITIONS

Welcome to the Human Motion.ca Strength and Conditioning Inc. Digital Online Store! This web site is accessible via the Internet to the general public. This web site provides, among other information and data, access to Human Motion?s training systems and exercise programs. The Web Site and its contents and related services are owned and administered by Human Motion.ca Strength and Conditioning Inc. (HMI)

By accessing and using this web site, or otherwise availing yourself of the products, services and information offered through this web site, you agree to be bound by these Terms and Conditions in effect at the time of each such access or other use of this web site. THESE TERMS AND CONDITIONS APPLY TO ALL USERS OF THIS WEB SITE, REGARDLESS OF WHETHER THEY ARE CUSTOMERS OR MERELY VISITORS.

You also acknowledge that HMI may, from time to time, and in its sole discretion and without notification to you, modify these Terms and Conditions. It is your responsibility to apprise yourself of any such revision or modifications each time you visit or use this web site. If you do not so agree, you are not authorized to access or use this web site in any manner, and you must exit this web site immediately.

I. OVERVIEW

HMI is the provider of access to this web site, which contains customized sports and fitness training, sport psychology information, rehabilitation information and performance nutrition information.

II. TERMS AND CONDITIONS

A. You To Provide Internet Access

In order to access this web site you must obtain access to the World Wide Web, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web.

B. This Web Site Intended For Adults.

Unless you have express parental permission, you must be eighteen years old or older to access, purchase, or otherwise use any products, information or services provided via this web site. Under no circumstances should this Web Site be accessed or used by anyone under thirteen years of age.

C. Accessibility And Availability

HMI makes no guarantees regarding the availability of this web site or the products, information or services on it. Furthermore, HMI reserves the right, its sole discretion, to discontinue this web site and the products, information and services on it, and to modify the contents of this web site or these terms as it sees fit. HMI will not be liable to you for any such discontinuance or modification.

D. Authorized Use

HMI grants you a limited license to access and make personal use of this web site for purposes and uses that are legal and that are otherwise permitted by these Terms and Conditions. Other than page caching, you are not authorized to download or modify this web site or any portion of it, except with express written consent of HMI.

This license does not include any resale or commercial use of this site or its contents; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

Furthermore, you may not post or transmit through this web site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, which gives rise to civil liability or otherwise violate any law, or which contains advertising or any solicitation with respect to products or services. You are also prohibited from using this web site in any way that restricts or inhibits any other Web Site user from using or enjoying this web site consistent with the letter and intent of these Terms and Conditions.

Any unauthorized use terminates the permission or license granted by HMI in relation to this web site.

E. Linking (To & From) The Web Site; Advertisers

1. Linked-To Sites

HMI may, from time to time, provide via this web site, links to other World Wide Web sites or resources and/or advertisements or other such promotional products for third-parties. Because HMI has no control over the content of linked-to sites or the quality of the goods or services offered via these linked-to sites, you acknowledge and agree that HMI is not responsible for and in no way guarantees or endorses: (1) the availability of linked-to sites or resources; (2) the accuracy or completeness of any content available at or through the linked-to sites; (3) the goods or services offered via these third-party sites.

Accordingly, you acknowledge and agree that HMI shall not be responsible or liable to you in any manner, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content of any linked-to web sites or the quality of any goods or services offered by or through any linked-to third-party site.

2. Links To the HMI Web Site From Other Sites

Unless otherwise authorized in writing by HMI, neither you nor other third-party is authorized to "deep link" to any web page contained in this web site (i.e., no links are permitted under any circumstances from third-party web sites to any page of the HMI Web Site other than the HMI Web Site home page, www.humanmotion.ca).

Furthermore, without written permission from Human Motion Inc, neither you nor third-party may link to the HMI home page in such a manner as to create a reasonable possibility or likelihood of confusion by users of the third-party web site as to the true ownership or sponsorship of the HMI Web Site or as to the existence or lack thereof of some affiliation or other relationship between HMI and the third-party or its web site.

F. Privacy Policy

The Web Site Privacy Policy shall govern the collection, use, disclosure and maintenance by Human Motion Inc of your personal information and is hereby incorporated by reference as a part of these Terms and Conditions as if set forth herein in full.

G. Prohibition Against Harmful Transmissions

You will not upload, post, e-mail, or otherwise transmit to this web site or to any other user any messages, programs, or other products (including but not limited to Trojan Horses, viruses, worms, and the like) that contain software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or telecommunications equipment.

H. Standard Warranties And Limitation Of Liability

1. HMI Warranties

NEITHER HMI NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSEES, EMPLOYEES, OFFICERS, DIRECTORS, ASSIGNEES, OR AGENTS WARRANT THAT THE PRODUCTS, INFORMATION OR SERVICES PROVIDED VIA THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS IS EXPRESSLY SET FORTH ELSEWHERE HEREIN, THE PRODUCTS, INFORMATION AND SERVICES PROVIDED VIA THIS WEB SITE ARE DISTRIBUTED "AS IS," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL SUCH WARRANTIES BEING EXPRESSLY DISCLAIMED. NEITHER HMI NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSEES, EMPLOYEES, OFFICERS, DIRECTORS, ASSIGNEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY AS A RESULT OF THE OPERATION OR MALFUNCTION OF THE PRODUCTS, INFORMATION OR SERVICES PROVIDED VIA THIS WEB SITE OR ARISING IN ANY WAY FROM OR RELATING TO YOUR PURCHASE OF HMI PRODUCTS, INFORMATION OR SERVICES, REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

2. Limitation Of Liability

HMI SHALL HAVE NO LIABILITY WITH RESPECT TO HUMAN MOTION'S OBLIGATIONS UNDER THIS AGREEMENT OR IN RELATION IN ANY WAY TO THE WEB SITE OR ANY WEB SITE PURCHASE MADE BY OR FOR YOU FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF HMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF HMI TO YOU OR ANY OTHER USER FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO AND SHALL IN NO EVENT EXCEED THE SUM OF THE GREATER OF ONE-HUNDRED DOLLARS ($100.00) OR, IN THE EVENT THAT YOUR DISPUTE OR CLAIM ARISES FROM YOUR PURCHASE OF ANY PRODUCT OR SERVICE FROM HMI, THE AMOUNT YOU PAID TO HMI FOR THOSE PRODUCTS AND SERVICES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS.

NOTE THAT SOME JURISDICTIONS EITHER DO NOT ALLOW OR OTHERWISE LIMIT THE PERMISSIBLE SCOPE OF DISCLAIMERS AND LIMITATIONS SUCH AS THOSE APPEARING IN THE TWO PRECEDING PARAGRAPHS. ACCORDINGLY, SOME OF THE LIMITATIONS AND DISCLAIMERS APPEARING THEREIN MAY NOT APPLY TO YOU.

I. Health Disclaimer

HMI is not a medical organization and cannot give you medical advice or a medical diagnosis. Nothing contained in this Web Site should be construed as medical advice or a medical diagnosis. The products, information and services provided by HMI should not be interpreted as a substitute for physician consultation, evaluation, or treatment.

The risk of injury from participation in a fitness regimen and/or from the performance of any exercise is significant, including the potential for catastrophic injury or death. You must consult a medical professional before undertaking any fitness regimen or exercise program, including any exercises or techniques set forth or described on this web site.

The text, pictures, downloadable media and description set forth in this web site are for educational purposes only (i.e., they illustrate and explain various fitness-related and exercise techniques) and do NOT advise that you or any other particular web site user undertake or perform any particular technique or exercise. You agree that you will not undertake or perform any exercise or technique described in this web site until and unless you consult with and are cleared by a medical doctor in relation to such participation.

The materials, information and services on this website should not be used by minors, pregnant women, or individuals with any type of health condition.

J. Indemnification

You agree to indemnify, defend, and hold harmless HMI, its directors, officers, employees, assignees, and agents, and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability, including reasonable legal fees, to the extent that such action is based upon a claim that: (i) if true, would constitute a breach of any of your representations, warranties, or agreements hereunder; or (ii) arises out of your negligence, wilful misconduct, or other breach of this Agreement.

K. Severability

If one or more of the words, phrases, sentences, clauses, sections, subdivisions or subparagraphs contained herein shall be held invalid, this Agreement shall be construed as if such invalid portion had not been inserted. If any invalid language is severed under this paragraph, the severed language shall be comprised of the smallest unit possible such that the severance of the unit results in a valid provision (i.e., a single item in a list will be severed rather than the entire list, a clause will be severed rather than the entire sentence, etc.).

L. Entire Agreement

This Agreement and any end user licences agreements you enter into with HMI set forth and contain the entire agreement with regard to the matters set forth herein between you and HMI There are no promises, terms, conditions, or obligations other than those contained herein and in any end user licences. This Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between and among the parties.

M. Choice Of Law

These terms and any disputes arising from, relating to, or touching upon these terms and the subject matter hereof shall be construed under and governed by the law of the British Columbia. These terms and all other contracts resulting from or relating to this web site and these terms shall be deemed to been formed, entered into, executed, and/or given/communicated in the province of British Columbia.

N. Choice Of Venue And Acknowledgment Of Personal Jurisdiction

Any action at law, suit in equity, or other judicial proceeding concerning, relating to, or touching upon in any way this Agreement or the subject-matter hereof, shall be brought or commenced, if at all, only in Canada. By accessing and using this web site, you submit to personal jurisdiction in British Columbia in any action by HMI against you and waive and release now and forever any defence to that assertion of jurisdiction that might otherwise exist.

O. Headings For Convenience Only

The headings used herein are for convenience only. The headings do not purport to define, limit, or extend the scope or intent of the language of the sections and the paragraphs to which they pertain.

P. Waiver

The waiver by one party of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach of the same or any other provision by the other party. The failure of a party at any time to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same.

Q. Intellectual Property

This web site contains copyrighted material, trademarks and other proprietary information which may include text, software, photos, video, graphics, music and sound. The entire contents of this web site are copyrighted as a collective work under copyright laws.

You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the products, information or other materials available on or through this web site, in whole or in part. Except as otherwise expressly permitted under copyright law or expressly allowed herein, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of HMI and the copyright owner, if other than HMI In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. you acknowledge that you do not acquire any such ownership rights by downloading copyrighted material or otherwise using this web site.

R. Copyright Complaints

HMI respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us immediately in writing (via certified mail, return receipt requested, or via overnight delivery service) at the contact address set forth below.

S. Contact

Please direct all inquiries and other communications relating to this web site and/or the Services to:
Suite 1101, 1305 West 12th Avenue, Vancouver, British Columbia, Canada. V6H 1M3 or info@humanmotion.ca

T. Local Laws

You warrant and agree that your access to and use of this web site is in compliance with the laws governing such access, use, and related conduct in your geographic region.