Terms and Conditions

1. General

These Terms and Conditions govern user access to and use of this website. Please read these Terms and Conditions carefully. By continuing to access and use this website, you are deemed to have understood and accepted these Terms and Conditions in full contained herein. If you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use this website.

We may modify the Terms and Conditions from time-to-time for any reason whatsoever. Please review these Terms and Conditions from time to time to familiarize yourself with any changes. If you continue to use this website after the revised Terms and Conditions have been posted, you will be deemed to have agreed to them.

By using this site, you represent that you are at least 14 years of age.

This website uses cookies. By using this website and agreeing to these Terms and Conditions, you consent to our use of cookies in accordance with the terms of our Privacy Policy.

2. Intellectual Property

This website is the property of NF Functional Performance. All information and content or other material (collectively, “Content”) found in the pages of this website and any associated application is protected under the copyright laws of Canada and other countries. Unless otherwise specified, no person has permission to copy, redistribute, reproduce or republish in any form any Content found on the pages in this website. This includes electronically reproducing by “uploading” or “downloading” or otherwise transmitting onto the Internet or any other local or international computer system. Any infringement of the rights of NF Functional Performance may result in appropriate legal action. All rights reserved.

If you require further information on a permitted use or license to reproduce or republish any Content, kindly address your inquiry to info@nffunctionalperformance.com. All the Content is provided “as is”. NF Functional Performance disclaims any and all liability for any consequences whatsoever which may result from any unauthorized reproduction or use of the Content of this web site.

All Trademarks, trade names or marked brands and logos found on any part of the Site are the property of their respective owners. Please note that the Site may contain other proprietary notices and copyright information that must be observed.

3. User conduct

User shall use the website for lawful purposes only. User shall not post or transmit through the website 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 offense, give rise to civil liability or otherwise violate any law, or which, without our express prior approval. Any conduct by a user, at our entire discretion, which restricts or inhibits any other user from using or enjoying the website will not be permitted. User shall not use the website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with our products and services.

User must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website.

User must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

User must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without our express written consent.

User shall not upload, post or otherwise make available on the website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with user. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the website, user automatically grants, or warrants that the owner of such material has expressly granted the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other user to access, view, store or reproduce the material for that user's personal use. User hereby grants us the right to edit, copy, publish and distribute any material made available on the website by user.

4. Member account, password, and security

If any of the services requires user to open an account, user must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of user’s password and account. Furthermore, user is entirely responsible for any and all activities that occur under user’s account. User agrees to notify us immediately of any unauthorized use of user’s account or any other breach of security. We will not be liable for any loss that user may incur as a result of someone else using user’s password or account, either with or without user’s knowledge. However, user could be held liable for losses incurred by us or another party due to someone else using user’s account or password. User may not use anyone else's account at any time, without the permission of the account holder.

5. Disclaimer of warranty; limitation of liability

User expressly agrees that use of the website is at user's sole risk. neither NF Functional Performance, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the website will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the website, or as to the accuracy, reliability or content of any information, service, or merchandise provided through the website.

This website is provided “as is” and is accessed and used by you at your own risk. Although reasonable efforts are used to ensure that the website is current and contains no errors or inaccuracies, we make no representations, warranties or guarantees that the information, content or materials included in this website will be error-free or completely accurate or current at all times, or at any time.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. User specifically acknowledges that NF Functional Performance is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with user.

In no event will NF Functional Performance or any person or entity involved in creating, producing or distributing the website or the NF Functional Performance services or merchandise, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the website, services or merchandise.

In addition to the Terms and Conditions set forth above neither, NF Functional Performance nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within the website, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.

Force majeure – neither party will be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of god, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The party affected by any such event shall notify the other party within a maximum of fifteen (15) days from its occurrence. The performance of this agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this agreement.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website, services or merchandise.

6. Indemnification

User agrees to defend, indemnify and hold harmless NF Functional Performance its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the website, services or merchandise by user or user's account.

7. Breaches of these Terms and Conditions

Without prejudice to NF Functional Performance’s other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

8. Online shopping terms and conditions

All orders and purchases made through this website are subject to the following.

You agree to pay for all charges noted herein as payable by you. All prices listed on this website are in Canadian dollars and all charges will be processed in Canadian dollars.

While we take great care to ensure our advertising and pricing is accurate, errors and/or inaccuracies may occur. We may correct errors or inaccuracies and change or update information on this website at any time without notice, including in respect of prices and availability of items.

All prices listed on this website are subject to confirmation. We will notify you by email within 6 business days of making a purchase if the confirmed price of an item you have selected differs from the price listed on the website or on your purchase order. If you do not receive an email within 6 business days of completing a purchase order, we are deemed to have confirmed the purchase at the price listed. If you receive such notification, the sale will be automatically terminated unless you reply by email with confirmation of your intention to purchase the item at the confirmed price.

User may only purchase or order items for non-commercial and lawful purposes and any other use is not permitted.

Any items purchased on this website will not be delivered to an address outside of Canada without the appropriate shipping and handling fees added and included.

We will use commercially reasonable efforts to deliver items as quickly as possible and within any time periods indicated; however, we will not be responsible for any delays in delivery which are beyond our control. Where delivery is delayed, we will notify you as soon as possible.

In order to protect you and us from fraudulent transactions, we may provide your transaction-related information to a reputable third party organization to perform an address verification. This address verification is intended to ensure that the “bill to” address that you provide matches your credit card address. We also reserve the right, at our entire discretion, not to ship items ordered or purchased on this website to certain addresses. In the event that we choose not to ship an item, you will be notified by email and any amount charged to your credit card will be refunded.

9. Assignment

We may transfer, assign or encumber any of the rights, duties or obligations hereunder without notifying you or obtaining your prior consent.

You may not transfer, assign or encumber any of the rights, duties or obligations hereunder.

10. Severability

In the event that any provision of these Terms and Conditions are deemed to be invalid or unenforceable, such provision shall, whenever possible to do so, be interpreted, construed, limited or if necessary severed to the extent necessary to eliminate such invalidity or unenforceability. All the remaining provisions shall remain valid.

11. Law and jurisdiction

These Terms and Conditions will be interpreted in accordance with the laws of Canada and the Province of Ontario, without reference to its conflict of laws principles.

Any dispute, claim or legal proceedings for any purpose whatsoever in connection with these Terms and Conditions will be subject to the exclusive jurisdiction of the courts of Ontario to the exclusion of any other judicial district which may have jurisdiction to hear such dispute according to the appropriate Laws.

12. Termination

NF Functional Performance may terminate this agreement at any time. NF Functional Performance shall have the right to immediately terminate user's account in the event of any conduct by user which NF Functional Performance, in its sole discretion, considers to be unacceptable, or in the event of any breach by user of this agreement.