Acceptance of the Website Terms and Conditions of Use
By using the Website, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Modifications to the Terms and Conditions and to the Website
We reserve the right in our sole discretion to revise and update the Terms and Conditions at any time. Any modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the terms and conditions to be aware of any modifications and your continued use shall be your acceptance of these.
The information and material on the Website and the Website itself may be changed, withdrawn or terminated at any time in our sole discretion without notice. We will not be liable if all or any part of the Website is restricted to users or unavailable at any time or for any period.
Your Use of the Website and Account Set-Up and Security
Users are responsible for obtaining their own access to the Website and for the Website's availability and performance. Users are required to ensure that all persons who access the Website through a user's internet connection are aware of the Terms and Conditions and comply with them. Users are responsible for any security breaches or performance issues relating to accessing the Website.
The Website may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.
Any user name, password, or information chosen by you or provided to you as part of our security procedures must be treated as confidential and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others cannot view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to the Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you log out from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
We reserve the right at any time to disable or terminate your account, any user name, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any of the Terms and Conditions.
You are prohibited from attempting to circumvent and from violating the security of this Website including without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet headers; (e) disrupting network services and otherwise disrupting the Website owner's ability to monitor the Website; (f) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and (i) otherwise attempting to interfere with the proper working of the Website.
Intellectual Property Rights and Ownership
You understand and agree that the Website and its entire contents, features, and functionality, including all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including copyright, trademark, patent, trade secret, and any other proprietary rights.
The Company name, the Sculpt Lifestyle word trademark, the Sculpt Lifestyle logo trademark, the Sculpt Swim word trademark, and all related names, logos, product and service names, designs, images and slogans are trademarks of the Company or its affiliates. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images and slogans appearing on the Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the property owner and may be a violation of federal or other laws and could subject the violator to legal action.
You may only use the Website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, in any form or medium except:
- your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
- if social media features are provided on the Website, you may take such actions as our site permits for such features.
Users are not permitted to modify copies of any materials from this site.
If you print off, copy or download any part of our site in breach of the Terms and Conditions, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by the Terms and Conditions is a breach of the Terms and Conditions and may violate copyright, trademark, and other intellectual property laws.
Conditions of Use, User Submissions and Site Content Standards
As a condition of your access and use you agree that you may use the Website only for lawful purposes and according to the Terms and Conditions.
The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, "submit") to the Website, to other users or other persons (collectively, "User Submissions") and any and all Interactive Functions. Any User Submission must comply with all applicable federal, provincial, local, and international laws and regulations.
You agree that your use of the Website and any User Submissions shall not:
- Violate any applicable federal, provincial, local, or international law or regulation including any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, or legal rights (including the rights of publicity and privacy of others).
- Contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, age or other prohibited ground or be otherwise objectionable.
- Involve stalking, attempting to exploit any individual or harming minors in any way by exposing them to inappropriate content.
- Involve false, inaccurate or misleading information.
- Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with the Terms and Conditions.
- Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
- Without our prior written consent, transmit any advertisements, promotions, commercial activities or sales, including any "spam", "junk mail", "chain letter", contests, sweepstakes, other sales promotions, advertising or any other solicitation.
- Restrict anyone's use or enjoyment of the Website, harm the Company or users of the Website, or expose them to liability.
- Cause annoyance, inconvenience or be likely to upset any other person.
- Promote or assist any illegal activity or unlawful act.
- Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
User Submissions: Grant of License
The Website may contain Interactive Functions allowing User Submissions on or through the Website.
None of the User Submissions you submit to the Website will be subject to any confidentiality by the Company. By providing any User Submission to the Website, you grant the Company, its affiliates, and their respective directors, officers, employees, agents, service providers, licensees, successors, and assigns (collectively, “Affiliates”) the right to a world-wide, royalty-free, perpetual, irrevocable, and non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and to incorporate such material into any form, medium or technology throughout the world without compensation to you. You waive any moral rights or other rights of authorship as a condition of submitting any User Submission.
By submitting the User Submissions you warrant that you have the necessary rights to submit the User Submissions and to grant the license to us and our Affiliates. You warrant that all User Submissions comply with applicable laws and the Terms and Conditions.
You understand and agree that you, not the Company, are fully responsible and liable to any third party for any User Submissions you submit and its accuracy. We are not responsible or liable to any third party for the content or accuracy of any User Submissions from you or any other user of the Website.
Site Monitoring and Enforcement, Suspension and Termination
The Company has the right, without notice, to:
- Remove or refuse to post on the Website any User Submissions for any or no reason in our sole discretion.
- Take any actions in our sole discretion for violating the Website and User Submissions Site Content Standards or Terms and Conditions.
- Take appropriate legal action for any illegal or unauthorized use of the Website. We have the right to disclose the identity or other information of anyone posting any materials on or through the Website if required by law.
- Terminate or suspend your access to all or part of the Website for any or no reason, including any violation of the Terms and Conditions.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION OF THE COMPANY AND ITS AFFILIATES RELATING TO ANY INVESTIGATIONS BY THE COMPANY OR BY LAW ENFORCEMENT AUTHORITIES.
We have no obligation to any party to monitor the Website or its use. We cannot review material that you or other users submit to the Website and cannot ensure prompt removal of objectionable posted material and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.
The content on the Website is provided for general information purposes only. It is not intended to be advice on which you should rely. You must obtain professional advice before taking, or refraining from, any action or inaction on the basis of the content on the Website.
Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date. Your use of the Website is at your own risk and the Company has no responsibility or liability whatsoever for your use of the Website.
The Website may include content provided by third parties, including from other users and third-party licensors. All statements expressed in any third party content, other than the content provided by the Company, are solely the responsibility of the party providing those materials. The Company is not responsible or liable to you or any third party for the content or accuracy of any third party materials.
Third Party Websites
This Website may provide links to third party websites (“3P Websites”). We make no representations about any 3P Websites. If you access any 3P Websites, you do so at your own risk. We have no control over the contents of any 3P Websites. We accept no responsibility for 3P Websites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of any 3P Websites.
Links to 3P Websites from the Website may include links to social media features that enable you to transmit limited content from the Website. You may only use these features when they are provided by us and solely for the content identified. Such features and links to 3P Websites are subject to any additional terms and conditions we provide.
You may link to the Website’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not suggest any form of association, approval or endorsement from us where none exists. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply with the Conditions of Use, User Submissions and Site Content Standards. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.
All orders, purchases or transactions for the sale of goods made using the Website are subject to the Ecommerce Terms and Conditions of Sale that are also incorporated into the Terms and Conditions.
Additional terms and conditions may apply to parts or features of the Website and are incorporated by reference into the Terms and Conditions.
The owner of the Website is based in Canada. We provide the Website for use only by persons located in Canada. This site is not intended for use in any jurisdiction where its use is not permitted. If you access the Website from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
DISCLAIMER OF WARRANTIES
THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY AND ITS AFFILIATES DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USEFULNESS, TIMELINESS OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER THE COMPANY NOR ANY AFFILIATES MAKES ANY WARRANTY, REPRESENTATION OR ENDORSEMENT FOR THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT.
YOU ARE ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET AND DATA SECURITY.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCE WILL THE COMPANY AND ITS AFFILIATES BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, OR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE ARISING FROM YOUR USE, INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR ANY SITE CONTENT, MATERIALS, POSTING OR INFORMATION ON THESE.
IF THERE IS ANY PROBLEM WITH THE WEBSITE OR ITS CONTENTS, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE. IF THERE IS ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR THE PRODUCT ACCORDING TO THE RETURNS AND REFUNDS POLICIES POSTED ON THE WEBSITE.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS FROM ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE LEGAL FEES) ARISING FROM YOUR BREACH OF THE TERMS AND CONDITIONS OR YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION YOUR USER SUBMISSIONS, 3P WEBSITES, AND ANY USE OF THE WEBSITE'S CONTENT, SERVICES, AND PRODUCTS.
Governing Law and Jurisdiction
The Website and the Terms and Conditions will be governed by the laws of Ontario and the federal laws of Canada that apply in Ontario.
You irrevocably submit to the exclusive jurisdiction of the courts of Ontario in the City of Toronto in any action or proceeding.
No waiver under the Terms and Conditions is effective unless it is in writing and signed by us and the waiver will be limited to the specific breach waived. No failure or delay in exercising any right, remedy, power or privilege arising from the Terms and Conditions may be construed as a waiver of such.
If any provision in the Terms and Conditions is found to be void or unenforceable, this will not affect the validity and enforceability of the remainder of the Terms and Conditions.
Reporting and Contact
This website is operated by Sculpt Lifestyle Inc.
Should you become aware of misuse of the Website, you must report it to the Company at firstname.lastname@example.org.
Comments or questions related to the Website may also be directed to email@example.com.
Last updated 06/2020.