Terms of Use

 

 

PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ANY AMENDMENTS THERETO, AND AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE AND ELIGIBLE TO USE THIS SITE.

IF UNDER 18 YEARS OF AGE, YOU MUST USE THIS SITE ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN. WE STRONGLY RECOMMEND THAT PARENTS USE THEIR BROWSER'S PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS. IF YOU DO NOT AGREE TO THE TERMS OF USE, DO NOT USE THE SITE.

Welcome to PerfectKinetics.ca and its related sites (the “Site”). These Terms of Use (the “Terms”) govern your use of this Site, its related domains, and any use of third party applications, or website to process payments on which these Terms appears. The Terms may be changed at any time in the future without further notice. Your continued use of the Site after any such changes constitutes you have reviewed and accept the new Terms. These Terms apply exclusively to your use of the Site and do not alter the terms of any other agreement you may have with PERFECT KINETICS, whether that be for products or services. If you register for additional services, additional policies may apply.

Privacy Policy

Users of this Site should refer to PerfectKinetics.ca’s Privacy Policy for information about how PERFECT KINETICS uses and collects information. You agree that PERFECT KINETICS may disclose your personal information to a third party if it is in agreement with the Privacy Policy for Perfect Kinetics.ca.

Product Information

For questions about the products or orders on this Site, please use the customer service e-mail.

Our Satisfaction Guarantee

The Perfect Kinetics Program carries a 30-day money-back guarantee from the purchase date in the event that you are not 100% satisfied with your purchase. Should you experience any difficulty or delay in securing the proper refund, please contact our customer service e-mail.

Order and Payment Information

If you use the Site to purchase a product, payment must be received by PERFECT KINETICS prior to PERFECT KINETICS’s acceptance of an order. PERFECT KINETICS may need to verify information you provide before PERFECT KINETICS accepts an order, and may cancel or limit an order any time after it has been placed, including but not limited to the event that a product is listed at an incorrect price due to error. If payment already has been made and your order is canceled or limited by PERFECT KINETICS, PERFECT KINETICS will refund any payment you made for the product in the same tender as the original purchase. Acceptance of your order by you and PERFECT KINETICS constitutes your agreement to the Terms.

In ordering products on the Site, you agree to provide only true, accurate, current, and complete information. You hereby certify that any e-mail account you provide to PERFECT KINETICS is registered to you. You agree that if you are ordering or purchasing products on behalf of a company, that you have sufficient authority to bind that company to the Terms. You agree that your placement of an electronic order on the Site is sufficient to satisfy the Statute of Frauds. PERFECT KINETICS shall have the right to revoke your access to and use of the Site if it has reasonable grounds to believe that you have provided false information and therefore knowingly disobeyed the rules stated herein.

All prices displayed on the Site are quoted in Canadian dollars. PERFECT KINETICS will add applicable sales tax. PERFECT KINETICS may prohibit orders to addresses outside the United States and Canada. PERFECT KINETICS reserves the right without prior notice to change specifications and prices on products offered on the Site without acquiring any obligation to you.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED “AS-IS” AND THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO OUR SITE OR ANY THIRD PARTY SITE OR SERVICES LINKED TO FROM ANY SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND.

PERFECT KINETICS AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE  ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY, NONINFRINGEMENT, RELIABILITY, OR USEFULNESS OF CONTENT OR PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE THROUGH THIS SITE. PERFECT KINETICS DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR ANY CONTENT.

WE DO NOT WARRANT THAT ANY CONTENT WILL BE FREE FROM ERROR, THAT ACCESS  WILL BE UNINTERRUPTED, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT ANY SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER DESTRUCTIVE COMPONENTS. YOU THEREFORE ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

PERFECT KINETICS DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).

The content is intended for educational and entertainment purposes only and is not intended to be a substitute for the services of trained professionals in any field, including, but not limited to, medical matters. Always seek the advice of your physician with any questions you may have regarding your physical or mental health and wellness. If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on any information appearing on a Site is strictly at your own risk. Neither we, our affiliates nor any of the officers, directors, owners, employees, agents, representatives and assigns of each will be liable for any direct, indirect, consequential, special, exemplary or other losses or damages that may result including, but not limited to, economic loss, injury, illness or death.

The terms of this section survive any termination of the Terms.

Limitations on Liability

IN NO EVENT, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL PERFECT KINETICS OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED, INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL DAMAGES HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITE; (II) THE USE OR INABILITY TO USE THIS SITE; (III) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO THE SAFETY OR FUNCTION OF ANY PRODUCT;  (IV) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A SITE OR ANY OTHER PERSON OR ENTITY. EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR WE BE LIABLE FOR SUCH DAMAGES, CLAIMS, OR LOSSES.

PERFECT KINETICS WILL NOT BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PERFECT KINETICS’s LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PERFECT KINETICS FOR ANY PRODUCTS SUPPLIED BY PERFECT KINETICS THROUGH YOUR USE OF THE SITE.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

The terms of this section survive any termination of the Terms.

Copyright and Trademarks

All Site materials, including, but not limited to, the PERFECT KINETICS and Perfect Kinetics.ca logos, design, text, graphics, software, other files, and the selection and the arrangement of the “Content” are Copyright © 2014 and beyond PERFECT KINETICS INC. PERFECT KINETICS own and retain other proprietary rights in all products available through the Site. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of PERFECT KINETICS. Permission is granted to display, copy, and download the materials on this Site for your personal, non-commercial, and informational use only; provided that you may not, without the permission of PERFECT KINETICS, (a) copy, publish, or post any materials on any computer network or publications media, (b) modify the materials; or (c) remove or alter any copyright or other proprietary notices contained in the materials. Such permission also does not include, without limitation: (a) any sale, resale, or commercial use of the Site, its content, or services obtained through the Site; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents.

Trademarks: The following are trademarks or registered trademarks of PERFECT KINETICS in Canada and other countries: PERFECT KINETICS, Perfect Kinetics.ca, the logos, and the products described on this Site. These trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of PERFECT KINETICS.

User Conduct

In using this Site, you agree:


Not to create or use a false identity on this Site;
Not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access;
Not to post any material that is knowingly
(a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can be expected to harm any person or entity; (e) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; (f) infringes or violates any right of  PERFECT KINETICS or a third party including: (1) copyright, patent,  or trademark (including the images found at the Site, the content of any text, or the layout/design of any page or form contained on a page); (2) right of privacy (specifically, you must not distribute another person's personal information of any kind without their permission); or (3) any confidentiality obligation; (g) is business-related or advertises or offers to sell any products, services or otherwise, or solicits others (h) contains a virus or other harmful files, or otherwise interferes with, impairs or damages the Sites or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Site
In addition, you agree that you will comply with all applicable local, national, and international laws and regulations.

Linked Sites

Users will find advertising or other content on our Sites that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on those sites. Those sites and services may have their own privacy policies and customer service policies, or no policy (policies) at all. When leaving the Site, you should be aware that PERFECT KINETICS’s Terms and policies no longer govern, and therefore we encourage you to review the privacy policies of any third party sites or services before providing any of them with your personal information. The linked sites are not under the control of PERFECT KINETICS and PERFECT KINETICS is not responsible for the content of any linked site or any link contained in a linked site. The inclusion of any link does not imply affiliation, endorsement, or adoption by PERFECT KINETICS of the site or any information contained within the site.

 

Copyright Policy and Copyright Agent

It is PERFECT KINETICS’ policy to respect the copyright and intellectual property rights of others. PERFECT KINETICS may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, PERFECT KINETICS may terminate access by users who appear to infringe the copyright or other intellectual property rights of others.

If you believe that PERFECT KINETICS or any user of our Site has infringed your copyright in any material way, please notify PERFECT KINETICS.  To be effective, the notification must be in writing and include each of the following: (a) a physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


Please direct inquiries regarding copyright issues by e-mail to: support@Perfect Kinetics.ca.

The terms of this section survive any termination of the Terms.

Changes to the Site

PERFECT KINETICS may, terminate, suspend, modify, change, make improvements to, or discontinue any aspect of the Site.  PERFECT KINETICS may also terminate, suspend, modify, change, make improvements to, or discontinue (temporarily or permanently) any products available through the Site, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you, and you agree that PERFECT KINETICS shall not be liable therefor and that this is done at the discretion of solely PERFECT KINETICS.

Applicable Law and International Users

These Terms shall be governed by and interpreted in accordance with the laws of the province of Newfoundland and Labrador, without reference to its conflict of law principles. You agree that any action at law arising out of or relating to the Terms or your use of the Site shall be filed only in Newfoundland and you hereby permanently and completely consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of the Terms.

This Site is controlled, operated, and administered by PERFECT KINETICS from its offices within Canada. If you access this Site from a location outside of the Canada, you are solely responsible for compliance with all local laws. PERFECT KINETICS does not represent that the Site content is appropriate or available for use at locations outside of Canada and access to them from anywhere where the contents or products available through the Site are illegal is prohibited. Persons who chose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

The terms of this section survive any termination of the Terms.

Termination

Notwithstanding any of these Terms, PERFECT KINETICS reserves the right, without notice, for any reason or no reason, to terminate your license to use the Site and to block or prevent future access to and use of the Site. You agree that PERFECT KINETICS shall not be liable for any termination of your use of or access to the Site.

Severability

If any provision of these Terms shall be deemed void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

The terms of this section survive any termination of the Terms.

General

The Terms constitute the entire agreement between PERFECT KINETICS and you with respect to your use of the Site. In these terms of use, the word "including" is used illustratively, as if followed by the words "but not limited to." YOU AGREE THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THIS OR ANY OTHER SITE MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE DISPUTE, CLAIM OR CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH DISPUTE, CLAIM OR CAUSE OF ACTION SHALL BE PERMANENTLY BARRED, NOTWITHSTANDING ANY STATUTUES OF LIMITATION TO THE CONTRARY. Any failure by PERFECT KINETICS to enforce or exercise any provision of the Terms or related right shall not constitute a waiver of that right or provision

Nothing in these Terms will be interpreted as creating a joint venture, partnership, employment, or agency relationship between you and PERFECT KINETICS, and you do not have any authority to create any obligation or make any representation for PERFECT KINETICS’s. You may not assign this agreement, without PERFECT KINETICS’s written consent. Subject to the foregoing, these Terms will be binding on and be enforceable against you and PERFECT KINETICS and their respective entities.

You agree to guarantee and hold harmless PERFECT KINETICS, its parents, subsidiaries, officers, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages made or sustained by any third party arising out of your use of the Site, your violation of these Terms, or your violation of any rights of a third party.

The terms of this section survive any termination of the Terms.