Terms & ConditionsBUY IT NOW
TERMS AND CONDITIONS OF USE AND WAIVER OF LIABILITY AGREEMENT (“Agreement”)
THIS AGREEMENT is made between The Nexxbar Equipment Inc. (“Nexxbar”) and you (hereinafter referred to as “you”, “your” or the “Client”) and sets forth the terms and conditions which govern your use of this website, which shall be deemed to include any content contained on Nexxbar’s Youtube, LinkedIn, Instagram, Twitter and Facebook profiles (the “Site”), as well as the services provided to you by Nexxbar.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING ANY INFORMATION ON THE SITE OR ANY OF THE SERVICES PROVIDED BY THE SITE.
ALL INFORMATION PROVIDED ON THE SITE IS PROVIDED FOR INFORMATION PURPOSES ONLY. BY VISITING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.
YOUR USE OF THE SITE OR ANY OF THE SERVICES PROVIDED ON THE SITE SHALL BE DEEMED TO BE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH BELOW.
NEXXBAR RESERVES THE RIGHT TO MODIFY THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT AT ANY TIME, UPON NOTICE TO YOU.
Nexxbar is a supplier of medical massage products (the “Nexxbar Products”). The Site provides information regarding the Nexxbar Products, including but not limited to instructions relating to the use of the Nexxbar Products (“Nexxbar Methods”) and on-line purchasing of Nexxbar Products (collectively the “Services”).
You acknowledge and agree that in order for Nexxbar to offer the Services, you may be required to supply certain information or complete certain on-line forms provided to you by Nexxbar.
Site Content and Intellectual PropertyThe Site, as well as all materials, images, text, illustrations, designs, icons, photographs, video clips, audio signals, structure, layout, software, “look and feel,” and other elements contained on or otherwise making up the Site, and including the Nexxbar name and the Nexxbar Methods (collectively, the “Contents”), are protected by copyright, trademark, trade dress, and other intellectual property laws and international conventions. The Nexxbar Products are protected by patents. Unless otherwise noted, all worldwide rights, titles, and interests in and to the Site, the Nexbarr Methods and the Nexxbar Products are owned or licensed by Nexxbar and/or its affiliated companies.
Nexxbar grants you a limited, nonexclusive, non-transferable license to access and use the Site and Contents for purposes of general browsing, user forums and/or conducting business with Nexxbar. Nexxbar also grants you a limited, nonexclusive, non-transferable license to use the Nexxbar Methods for your own personal non-commercial use but only in association with Nexxbar Products. You shall not be permitted to, and you shall not permit others to: (i) copy, adapt, display, distribute, publish, disseminate, transmit, store, sell, or use the Site and/or the Contents or any part thereof for any purposes or in any manner other than the purposes noted above or as expressly authorized in writing by Nexxbar; (ii) attempt to remove from the Site, download, copy, recreate, disassemble, modify, destroy, tamper with, deactivate, translate, reverse engineer, or decompile any software or other Contents on the Site; or (iii) assign, sell, sublicense, lease, or otherwise transfer your right to use the Site or the Contents. You may not reproduce the Site, the Contents or the Nexxbar Methods on your personal website, blog, social network, or any other online resource without express written from Nexxbar. Nexxbar may terminate this license at any time if you are in breach of the terms set forth herein and sue you for all damages to Nexxbar which may result.
Nexxbar may change or remove any of the Content at any time in its sole discretion and without prior notice to users.
Accounts, Passwords and SecurityIf any of the Site or Services require you to open an account, you must complete the registration process by providing Nexxbar with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to Nexxbar which is untrue, inaccurate, not current or incomplete, Nexxbar reserves the right to terminate this Agreement and your continued access and use of the Site and/or the Services.
As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify Nexxbar immediately of any unauthorized use of your account or any other breach of security. Nexxbar will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by Nexxbar or another party due to someone else using your account or password.
External LinksNexxbar is not responsible for the contents or reliability of any other websites to which we provide a link, and we do not, expressly or otherwise, endorse the views and/or content expressed within those sites.
You are prohibited from posting or transmitting to the Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. You agree to refrain from using any device or software to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on Site. You further agree to refrain from taking any action that could impose an unreasonable or disproportionately large burden on the Site infrastructure.
Nexxbar shall not be held responsible for any harm that is experienced, real or perceived, from viewing or following any content on the Site. Nexxbar does not promise that the Site will be error-free or that your use of the Site will be uninterrupted or provide any specific results. Nexxbar cannot ensure that the Site is free of viruses or other harmful content. You assume total responsibility for the use of the Site and any linked websites.
You must not use the Site in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. Some content found on the pages of this Site may be created by members of the public. The views expressed are theirs and unless specifically stated are not those of Nexxbar.
You acknowledge that, while much of the Site is open for public browsing, some areas of the Site may from time to time be restricted and accessible only to certain users via password. You agree to access and use only those areas of the Site that have been authorized for your use and to refrain from using any password or account information of any third party. If you have a password, you agree not to disclose or share your password or other relevant account information with any third parties or to use your password for any unauthorized purpose.
User SubmissionsExcept as otherwise agreed in writing by an authorized Nexxbar representative, any and all content (including user and visitor-generated content) submitted either via email, comment forms, or any other page hosted at this Site or its content aggregation systems will be considered non-confidential and non-proprietary. Nexxbar reserves the right to alter, remove, re-post, re-purpose, market, or trade any such content. Nexxbar will have no obligations with respect to such content. By submitting or transmitting content, you hereby confirm that your contribution of any such material is your own original work and does not infringe any laws.
MonitoringNexxbar has no obligation whatsoever to monitor any of the content or postings on the comment section on the Site. Nexxbar shall have no liability related to the content of any such postings or comments, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. However, you acknowledge and agree that Nexxbar has the absolute right to monitor the same at its sole discretion. In addition, Nexxbar reserves the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
Purchase of Products from NexxbarAll orders and purchases of Nexxbar Products made through the Site are governed by these terms and conditions.
All prices listed are in Canadian dollars and all charges will be processed in Canadian dollars. All prices listed on the Site are subject to confirmation. You agree to pay all charges payable for your order.
Nexxbar may correct errors or inaccuracies and change or update information on the Site at any time without notice, including prices and item availability.
Nexxbar reserves the right to cancel orders at its discretion and in such event, your purchase price (if paid) shall be refunded.
Nexxbar reserves the right to limit the quantity of items you may purchase.
Nexxbar warrants that the Nexxbar Products shall be free from physical structural and mechanical defects for a period of six (6) months from the date of purchase. Please ship any such defective products to Nexxbar at your cost, within six (6) months of your purchase date. Nexxbar will replace such Nexxbar Products containing physical structural or mechanical defects with a replacement product of the same type or updated version, and will ship the replacement product to you free of charge. Nexxbar does not provide refunds for any reason.
NEXXBAR PRODUCTS CANNOT BE RESOLD BY YOU TO END USERS UNLESS YOU ENTER INTO A SEPARATE WRITTEN DISTRIBUTION AGREEMENT WITH NEXXBAR. PLEASE CONTACT NEXXBAR DIRECTLY IF YOU WISH TO OBTAIN MORE INFORMATION ABOUT DISTRIBUTOR OR RE-SELLER OPPORTUNITIES.
Liability, Release and Waiver
You acknowledge and agree that the use of massage products involves the manipulation of muscles and may itself result in stiff or sore muscles. Overzealous use of the Nexxbar Products may cause injury. You voluntarily accept and assume these risks.
Except as expressly stated in this Agreement, Nexxbar makes no representations or warranties, either express or implied, with respect to the suitability of the Services, including the Nexxbar Methods and the Nexxbar Products, for any particular purpose. There are no implied conditions, representations or warranties relating to the content of this Agreement other than those expressly contained or referenced in this Agreement.
You acknowledge that the information on the Site is not a substitute for professional advice, professional diagnosis or treatment, as circumstances will vary from person to person. You agree not to act or rely upon the information on the Site or use of the Nexxbar Products or the Nexxbar Methods without consulting a physician or otherwise seeking professional advice. You agree not to attempt any of the suggested actions, methods, exercises, or instructions found on the site without consulting a physician or qualified professional. You agree that the materials found on the Site do not constitute professional advice, and transmission of the information contained on the Site is not intended to create a professional-client relationship between Nexxbar and you.
In consideration of Nexxbar providing Services to you, you hereby forever and fully release and indemnify Nexxbar, its servants, agents, employees, directors, shareholders and contractors, from any and all claims, actions or causes of action, costs, demands and expenses arising out of or in connection with any loss, injury, death, or damage to your person or property incurred as a result of having used the Services, Nexxbar Methods and/or Nexxbar Products notwithstanding that any such loss, injury, death or damages may have arisen solely or partly by reason of negligence Nexxbar, its servants, agents, employees, directors, shareholders or contractors.
You agree to indemnify, defend, and hold Nexxbar, its servants, agents, employees, contractors, subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable legal fees and disbursements) which arise directly or indirectly out of or from (i) any breach of this Agreement; (ii) any allegation that any materials you submit to Nexxbar infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party; (iii) your access or use of the Site, the Nexxbar Methods, the Nexxbar Products and/or the Services and (iv) any inability to access the Site on a temporarily or permanent basis, for any reason.
GeneralAny captions or headings in this Agreement are for convenience and reference only and the words and phrases contained therein shall be held in no way to define, limit, describe, explain, modify, amplify or add to the interpretation, construction or meaning of any provision of this Agreement. This Agreement and everything contained herein shall enure to the benefit of and be binding upon the Parties hereto, their heirs, executors or administrators and assigns and with the full knowledge of the Parties of any and all acts and conduct by the other party to this Agreement. This Agreement shall be construed in accordance with and governed by the laws of the Province of Newfoundland and Labrador and the parties hereto irrevocably attorn to the jurisdiction of the Courts of Newfoundland and Labrador. The United Nations Convention on Contracts for the International Sale of Goods will not apply.
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