TERMS OF USE
Welcome to the website fitwithvik.com. This website is operated by Fit with Vik™. Throughout the site, the terms “we”, “us” and “our” refer to Vicky Mann, Fit with Vik Holdings Corp., Fit with Vik, Inc., and/or Fit with Vik™. The following terms and conditions, together with any documents they incorporate by reference, including, without limitation, the Privacy Policy and Disclaimer (collectively, these “Terms of Use”), govern your access to and use of fitwithvik.com (the “Website”).
By accessing, browsing, or using the content on the Website (the “Services”), you acknowledge that you have read, understood, and agreed to be bound by the Terms of Use (including the Privacy Policy and the Disclaimer) and to comply with all applicable laws and regulations. You agree that the Terms of Use, combined with your act of using the Services, has the same legal force and effect as a written contract with your written signature and satisfy any laws that require a written signature. You further agree that you shall not challenge the validity, enforceability, or admissibility of the Terms of Use on the grounds that it was electronically transmitted or authorized. If you do not agree to the Terms of Use, then you shall not access the Website or use any of the Services. Please read the Terms of Use carefully before you start using the Services. These Terms of Use shall apply to all users of the Website, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please note that the Services are offered and available only to users who are 16 years of age or older. By using the Services, you represent and warrant that you met the foregoing eligibility requirement. If you do not meet this requirement, you must not access or use the Services.
USE OF THIS WEBSITE
The Website’s design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Website are either the property of Vicky Mann, Fit with Vik Holdings Corp., Fit with Vik, Inc., or Fit with Vik™. You shall not modify the information or materials on this Website in any way, or copy, reproduce, publicly display, perform, distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
From time to time, this Website may contain links to websites that we do not own, operate, or control. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. We are not responsible for any content, materials, services, or other information located on or accessible from any other website. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials, services, or other information located or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from this Website, you do so entirely at your own risk.
The contents of this Website, such as text, graphics, images, video information, and other material contained on this Website are for informational and educational purposes only. The contents of this Website are not intended to be a substitute for professional health or medical advice, diagnosis, or treatment. You should always seek your physician or other qualified healthcare provider’s advice for any questions you may have regarding a health or medical condition. You should not disregard professional medical advice or delay in seeking it because of something you have seen, read, or heard on this Website.
While you may use most of the Services without registering, certain Services do require that you register with the Website for them to function properly. If you choose to register with the Website or access certain Services, you may be required to provide certain personal information, such as your name and e-mail address.
ELECTRONIC COMMUNICATIONS
When you visit this Website, register with us, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We shall communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that we may send e-mails to you for the purpose of advising you of changes or additions to this Website, about any of our products or services, or for such other purposes as we deem appropriate.
ACCEPTABLE AND PROHIBITED USE
In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using this Website:
- for any unlawful purpose;
- to solicit others to perform or participate in unlawful acts;
- to violate any international, federal, provincial or state regulations, rules, or laws;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, race, sexual orientation, religion, ethnicity, national origin, body image, or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or the Website;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose; or
- to interfere with or circumvent the security features of the Services or the Website.
Further, you are prohibited from violating or attempting to violate the security measures on the Services, including, without limitation:
- attempting to probe, scan or test the vulnerability of the system or network or to breach security or authentication measures without proper authorization;
- attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”;
- sending unsolicited e-mail or commercial electronic messages, including promotions and/or advertising of products or services;
- forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or
- hijacking all or any part of the Services content, deleting or changing any Services content, deploying pop-up messages or advertising, running or displaying this Services or any Services content in frames or through similar means on another website, or linking to the Services or any page within the Services, without our specific written permission.
We reserve the right to suspend or terminate your use of the Services or this Website or portion thereof for violating any of the prohibited uses listed above or for failure to comply with the Terms of Use, for infringing copyright, or for any other reason.
INTELLECTUAL PROPERTY RIGHTS
This Website is protected by copyrights, trademarks and/or other proprietary rights, and except as specifically provided in these Terms of Use, your use of the Website shall be governed and constrained by applicable copyright, trademark, and other intellectual property laws, in addition to the Terms of Use. You specifically agree that Vicky Mann, Fit with Vik Holdings Corp., Fit with Vik, Inc., and/or Fit with Vik™ own all intellectual property rights in and to the content offered on this Website (regardless of whether those rights are registered). Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or other right to use any trademarks, trade names, service marks or logos displayed on this Website without prior written approval. All rights are herein expressly reserved.
ACCURACY OF INFORMATION
We attempt to ensure that the information on this Website is complete, accurate, and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete, or outdated. We make no representation or warranty as to the completeness or accuracy of any information on this Website. For example, products included on the Website may be unavailable, may have different attributes than those listed, and/or may carry a different price than that stated on the Website.
Additionally, we may make changes to information about pricing and availability without notice to you. While our practice is to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order, our confirmation of an offer to sell a product or service, or a guarantee that you will receive the product(s) you purchased. We reserve the right, without prior notice to you, to limit the order quantity on any product or service and/or to refuse service to any customer. We may also require verification of your personal information prior to the acceptance and/or shipment of any order that you place with us.
LINKED THIRD-PARTY SITES
Any links to other websites operated by third parties do not constitute sponsorship, endorsement, or approval by Vicky Mann, Fit with Vik Holdings Corp., Fit with Vik, Inc., or Fit with Vik™ of the content, policies, or practices of such linked sites. Vicky Mann, Fit with Vik Holdings Corp., Fit with Vik, Inc., and Fit with Vik™ do not operate, control, or maintain linked sites and are not responsible for their availability, content, security, policies, or practices. Links to other sites are provided for your convenience only and you access them solely at your own risk.
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, whether at our request or not, you submit (regardless of the delivery method) comments, reviews, ideas, suggestions, proposals, plans, photos, videos, links, or other materials (collectively, the “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and/or otherwise use in any medium any Comments that you submit to us. We shall be under no obligation to maintain any Comments in confidence, to compensate you for any Comments, or to respond to any Comments. We may also delete any Comments.
You agree that your comments shall not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments shall not contain libelous or otherwise illegal, unlawful, abusive, or obscene material, or contain any computer virus or other malware that in any way could affect the operation of the Services or of this Website.
Vicky Mann, Fit with Vik Holdings Corp., Fit with Vik, Inc., and Fit with Vik™ are not responsible for, and do not endorse the opinions, advice, or recommendations in the Comments and specifically disclaim all liability in connection therewith.
LIMITATIONS OF LIABILITY
Vicky Mann, Fit with Vik Holdings Corp., Fit with Vik, Inc., and Fit with Vik™ provide the Website “as is” without warranty of any kind, whether express or implied. You are solely responsible for any damage that results from the use of this Website including, but not limited to, damage to your computer system or loss of data.
We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website or your downloading of any materials, from this Website. IN NO EVENT SHALL WE, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, PARENT CORPORATIONS, AGENTS, SUCCESSORS, ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE BE LIABLE TO YOU OR ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, PERSONAL INJURY INCLUDING DEATH OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Vicky Mann, Fit with Vik Holdings Corp., Fit with Vik, Inc., Fit with Vik™, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contracts, licensors, co-branders, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
These Terms of Use shall be effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use the Services, or when you cease using this Website.
If, in our sole judgment, you fail or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we may also terminate this Agreement at any time without notice to you and you shall remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to the Services or the Website (or any part thereof).
Further, Vicky Mann, Fit with Vik Holdings Corp., Fit with Vik, Inc., and Fit with Vik™ have the right, at any time and without prior notice to you, to terminate some or all of the Services, any feature or portion thereof, or any products offered, and to terminate your right to access or use the Services and/or this Website or any feature or portion thereof.
APPLICABLE LAW
Except as otherwise specified in the section of this Agreement concerning “Online Store Products,” these Terms of Use shall be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein. Any and all disputes arising under these Terms of Use, whether as to interpretation, performance or otherwise, shall be subject to the exclusive jurisdiction of the courts of the Province of British Columbia.
ENTIRE AGREEMENT
Our failure to exercise or enforce any right, term, or provision of these Terms of Use shall not constitute a waiver of such right, term, or provision. These Terms of Use, along with our Privacy Policy and Disclaimer, and other operating rules posted by us on the Website or in respect to the Services constitute the entire Agreement and understanding between you and us and govern your use of the Services and Website. It supersedes all and any prior or contemporaneous agreements, communications, discussions, negotiations and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). Any ambiguities in the interpretation of these Terms of Use shall not be construed against us.
A printed version of this entire Agreement including the Privacy Policy and Disclaimer and of any notice given in electronic form shall be admissible in judicial or administrative proceedings with respect to this Website to the same extent and given the same effect as other business contracts and documents kept and maintained in printed form.
SEVERABILITY
If any term of these Terms of Use is determined to be unlawful, void, or unenforceable, such term shall nonetheless be enforceable to the fullest extent permitted by applicable law and all other terms shall remain in force. Any invalid term shall be treated as severed from the remaining terms.
NO WAIVER
No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Vicky Mann, Fit with Vik Holdings Corp., Fit with Vik, Inc., or Fit with Vik™’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
REVISIONS TO THESE TERMS AND CONDITIONS
We reserve the right to update, change, modify, or replace any part of these Terms of Use at any time, without any notice to you, by posting updates and/or changes to the Website. You should visit this page from time to time to review the then current Terms of Use because they are binding on you. It is your responsibility to check this page periodically for changes. No specified update or refresh date on the Website shall be taken to indicate that all information on the Website has been modified or updated.
Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes. Certain terms or provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages on this Website.
ADDITIONAL ASSISTANCE
If you do not understand any of the foregoing Terms of Use or if you have any questions or comments, we invite you to e-mail us at [email protected].