1. Terms and conditions
By accessing this website, you acknowledge and accept these terms and conditions
of use ("Terms"). It is important that you read these Terms and
download or print them for your records. If you access this website without
reading the Terms you are still agreeing to be bound by all of the Terms.
2. Use of this Website
You may browse this website for personal entertainment and information purposes
but you are not permitted to distribute, modify, communicate, transmit, revise
or otherwise use the materials contained in this website in any way. Any use
of these materials on any other website or networked computer environment
for any purpose is prohibited without the written consent of PRO FORM.
The materials on this website may be subject to copyright and other intellectual
property rights and any unauthorized use of these materials may violate copyright,
trademark and other laws. The use of any materials or trade-marks other than
as expressly provided for by these Terms is strictly prohibited.
3. User submissions
Except as otherwise provided in our Privacy Statement, any material, information
or other communication you transmit or post to this website ("Communications")
will be considered non-confidential and non-proprietary. PRO FORM and its affiliates
or others may copy, display, post, transmit, disclose, communicate or otherwise
use the Communications. You are prohibited from posting or transmitting to
or from this website any unlawful, threatening, libellous, profane, defamatory,
obscene or pornographic material, or any material that would infringe the
copyright or other intellectual property rights of another party if used without
that party's permission, or any software that contains a virus, defect or
other harmful or disruptive component. By transmitting any Communications
to this website, including Communications posted to chat rooms, bulletin boards
or other user forums, you warrant that such Communications are original to
you or that you have authorization to publicly communicate them and you waive
all moral rights or other similar rights world-wide in those Communications.
4. Disclaimer & limitation of liability
THIS SITE, THE MATERIALS AND SERVICES PROVIDED AT THIS SITE AND LINKS TO OTHER
SITES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, STATUTORY
OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. PRO FORM, ITS
AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY
CONTENT PROVIDERS, SPONSORS, LICENSORS, AND THE LIKE, DO NOT WARRANT THE ACCURACY,
TIMELINESS OR COMPLETENESS OF THE MATERIALS, INCLUDING, WITHOUT LIMITATION,
INFORMATION REGARDING SERVICES, PRODUCTS OR PRICES DESCRIBED. IF APPLICABLE
LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION
MAY NOT APPLY TO YOU. IN NO EVENT WILL PRO FORM, ITS SUPPLIERS, AFFILIATES,
AGENTS, EMPLOYEES, OFFICERS, DIRECTORS OR OTHER THIRD PARTIES BE LIABLE FOR
ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL,
PUNITIVE OR OTHERWISE, (INCLUDING, WITHOUT LIMITATION, LIABILITY FOR LOSS
OF USE, DATA, REVENUE OR PROFITS OR BUSINESS INTERRUPTION), ARISING OUT OF
THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITE
LINKED TO THIS WEBSITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY SUCH
SITES, INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM ACTS OF GOD, COMMUNICATIONS
FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS OF PRO FORM's RECORDS, PROGRAMS
OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY,
WHETHER FOR NEGLIGENCE OR GROSS NEGLIGENCE, WHETHER OR NOT REASONABLY FORSEEABLE
AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE
OF THE MATERIALS, LINKS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED
FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS
THEREOF. APPLICABLE LAW MAY NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU. LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify PRO FORM and its affiliates for all claims, loss or
damage of any kind resulting from or arising out of (1) your breach of these
Terms and (2) your use of this website, including any claim of infringement
of any intellectual property right of any third party.
5. Links to third party content
This website contains links to third-party web sites which are not under the
control of PRO FORM and PRO FORM is not responsible for the contents contained
in any linked site. These links are provided solely for your convenience.
PRO FORM does not endorse or make any representations or warranties about those
sites, or any information, software or other products or materials found there,
or any results that may be obtained from using them.
6. Governing Law
This agreement is governed by the laws of the Province of Ontario and the
federal laws of Canada, and you consent to the exclusive jurisdiction and
venue of the courts in the Province of Ontario in all disputes arising out
of or relating to your use of this website and the materials contained herein.
PRO FORM reserves the right to revise these Terms at any time by updating this