PLEASE READ THIS USAGE AND LICENCE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE SUBSCRIBING TO A SHIFT PERFORMANCE & WELLNESS (“PRODUCT”). THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SHIFT PERFORMANCE & WELLNESS (“SHIFT”) STATING THE TERMS THAT GOVERN YOUR USE OF THE VIDEOS OR SERIES. BY SUBSCRIBING TO THE PRODUCT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU. NO CHANGES, ADDITIONS, OR DELETIONS ARE ACCEPTABLE. CHDC MAY REFUSE ACCESS TO THE PRODUCT FOR NON-COMPLIANCE WITH ANY PART OF THIS AGREEMENT.
TERMS OF PRODUCT USE
1. Age Requirements for Products. The Products may not be available to persons of all ages in some jurisdictions. If you are under the age of majority for the province, state or country in which you reside, you must review these terms and conditions with your parent or legal guardian to make sure that you and your parent or legal guardian understand these terms and conditions and agree to be bound hereby. If you are under the age of 13 years, you should not provide any personally identifiable information without the knowledge and permission of your parent or legal guardian.
2. Product Content. You agree to use the Products at your sole risk and that SHIFT shall have no liability to you. No advice or information, whether oral or written, obtained by you from SHIFT or through or from the Products shall create any warranty or liability. YOU ACKNOWLEDGE AND AGREE THAT SHIFT AND ANY OF THE PRINCIPALS, OFFICERS, EMPLOYEES, AGENTS, DIRECTORS AND INSTRUCTORS WILL NOT BE HELD RESPONSIBLE FOR ANY ACCIDENT, DAMAGE, INJURY OR LOSS, HOWEVER CAUSED, NEGLIGENT OR OTHERWISE, AT ANY TIME AND YOU EXPRESSIVELY RELEASE ANY AND ALL OF THE AFOREMENTIONED PARTIES FROM ALL CLAIMS ARISING FROM ANY ACCIDENT, DAMAGE, INJURY OR AS A CONSEQUENCE THEREOF.
3. Territory. The Products are currently available to you in Canada, the United States and all other countries in which SHIFT makes the Products available. The Products are not available in any country subject to export controls or restrictions under Canadian law, including those countries on the Area Control List or subject to an United Nations Security Council embargo. You agree not to use or attempt to use the Product from outside of the available territory, and that SHIFT may use technologies to verify your compliance.
5. Your Information. You agree to provide accurate, current, and complete information required to register with the Product and at other points as may be required in the course of using the Product (“Registration Data”). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. SHIFT may terminate your rights to any or all of the Product if any information you provide is false, inaccurate or incomplete. You agree that SHIFT may store and use the Registration Data you provide (including payment card information) for use in maintaining your account and billing fees to your payment card.
6. Consent to Use of Registration Data. You agree that SHIFT may collect and use the Registration Data to facilitate the provision of software updates, Product support and the delivery of information on other products and services to you. CHDC may use the Registration Data as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
7. User Account. As a registered user of the Product, you may receive or establish an account (“Account”). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information (including your password) to anyone else or use anyone else’s Account. You are entirely responsible for all activities that occur on or through your Account. You agree to immediately notify SHIFT of any unauthorized use of your Account or any other breach of security. SHIFT shall not be responsible for any losses arising out of the unauthorized use of your Account which is not due to the negligence of SHIFT .
8. Payment Method. SHIFT accepts credit cards as the form of payment. SHIFT may obtain a pre-approval from the credit card company for an amount up to the amount of the order. Billing to your credit card occurs at the time of purchase or shortly thereafter. SHIFT accepts the following credit cards: Visa and MasterCard. Please note that we are unable to accept prepaid gift cards issued by credit card companies, debit cards or check cards. If a transaction has been declined online due to credit card issues, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card for your transaction and should use another credit card.
9. Agreement to Pay for Product. You agree to pay for each Product you purchase, and that SHIFT may charge your payment card for each Product purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING SHIFT WITH A VALID PAYMENT CARD FOR PAYMENT OF ALL FEES. All fees will be billed to the payment card you designate during the registration process.
10. Refund Policy. On occasion, technical problems or matters beyond the control of SHIFT may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to the Product that is not delivered within a reasonable period of time will be, as determined by SHIFT, either (i) replacement or redelivery of such Product by SHIFT, or (ii) a refund of the price paid for such Product or the portion of the price paid for such portion of the Product not made available to you. Otherwise, no refunds are available. SHIFT is not responsible for any delay or disruption caused by your circumstances.
11. Applicable Taxes. Applicable value added and sales taxes will be added to your bill based on the bill-to address and the tax rate in effect at the time your transaction is completed. If the tax rate for the billing address changes before the Product is viewed, the new tax rate in effect at the time of viewing will apply. We will only charge tax in provinces and states where such transactions are taxable. No customers are eligible for tax exemptions for transactions relating to the Products.
12. Right to Change Prices and Availability of Products. Prices and availability of any Products are subject to change at any time.
13. Electronic Signatures and Contracts. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR THIS AGREEMENT AND PURCHASE. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
14. Termination. If you fail, or SHIFT suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide SHIFT with a valid payment card or with accurate and complete Registration Data, failure to safeguard your Account information, or violation of the Usage Rules or any license to the Products or the Viewer, or infringement or violation of third parties’ rights, SHIFT, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the Products and/or the Viewer; and/or (iii) preclude access to the Products (or any part thereof).
15. Enforcement of These Terms. SHIFT reserves the right to takes steps SHIFT believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to SHIFT's right to cooperate with any legal process relating to your use of the Products, and/or a third party claim that your use of the Products is unlawful and/or infringes such third party’s rights). You agree that SHIFT has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as SHIFT believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to SHIFT's right to cooperate with any legal process relating to your use of the Products, and/or a third party claim that your use of the Products is unlawful and/or infringes such third party’s rights).
16. No Responsibility for Third-Party Materials. The Products may include materials from third parties. In addition, SHIFT may provide links to certain third-party websites. You acknowledge and agree that SHIFT is not responsible for examining or evaluating the content or accuracy of any such third-party material or websites. SHIFT does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Links to other websites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that SHIFT is not in any way responsible for any such use by you.
17. Disclaimer of Warranties; Liability Limitations.
(A) SHIFT DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME SHIFT MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE PRODUCTS AT ANY TIME, WITHOUT NOTICE TO YOU.
(B) YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE PRODUCTS ARE AT YOUR SOLE RISK. THE PRODUCTS ARE (EXCEPT AS EXPRESSLY STATED BY SHIFT ) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
18. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SHIFT ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF INCOME, LOSS OR CORRUPTION OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PRODUCT (INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY PRODUCT (OR THE COACHING OR CONTENTS THEREIN)), HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF CHDC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall SHIFT's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
19. Waiver and Indemnity.
BY USING THE PRODUCTS, YOU AGREE TO INDEMNIFY AND HOLD SHIFT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, OR ANY ACTION TAKEN BY CHDC AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM CHDC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF CHDC’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
20. Notices. SHIFT may send you notice with respect to the Products by sending an email message to the email address listed in your Account contact information, by sending a letter via postal mail to the contact address listed in your Account contact information, or by a posting on the SHIFT website. Notices shall become effective immediately.
21. Governing Law. This Agreement and the use of the Products are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws rules. Your use of the Product may also be subject to other local, provincial, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with SHIFT or relating in any way to your use of the Products resides in the courts of the Province of Ontario, Canada.
22. Miscellaneous. This Agreement constitutes the entire agreement between you and SHIFT and governs your use of the Products, superseding any prior agreements between you and SHIFT in respect of the Products. You may also be subject to additional terms and conditions that may apply when you use third party content or the Viewer. SHIFT's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement. If any part of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the other remaining portions shall remain in full force and effect. SHIFT will not be responsible for failures to fulfil any obligations due to causes beyond its control. SHIFT employee, agent or representative has the authority to vary any of the policies or the terms and conditions in this Agreement.
This policy will outline the use, collection and disclosure of your personal information and will be posted on our Site.
The Information We Collect From You
For the purposes of operating we may collect various types of information from you, including contact information, financial information, personal information. We may collect personal information for purposes of sales information distribution, email announcements and consumer awareness questionnaires.
Personal information is any information that identifies you and includes your name, email address, mail address and telephone number.
Your consent to the collection and use of your personal information may be given orally or written or on-line via registration procedures. We take into account the sensitivity of your personal information. Your consent may be implied where information is deemed not sensitive. For example when you sign up for a program, your consent to allow us to retain your personal information is implied. Unless your specifically direct us otherwise your participation in any SHIFT program or event implies your consent to receive information regarding our facility and any of its programs.
You can withdraw your consent for the use of your personal information at any time
Information Other Web Sites Collect From You
Safeguarding Your Personal Information
Updating Your Information
If any of your information changes, please inform us so that we may make the necessary changes to keep your In general, we do not knowingly collect personal information from children under 13 via the Site.
If you have any questions about this policy, if you would like to register a complaint, or if you wish to access your personal information, please contact our Privacy Officer at the following address:
SHIFT Performance & Wellness 145 Iber Road, Stittsville, ON K2S 1J3 613-831-7867