Terms of service

OVERVIEW
The website is managed by Xrival Fitness. Through the site the terms “we”, “us” and “our” refer to Xrival Fitness . Xrival Fitness offers this website as well as all the details, tools and services that are available on this site to users, in exchange for your agreement to all conditions, terms policies, and notices that are stated in this document.

When you visit our website and/or purchasing products with us, we are engaging with us in the “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”) which include the further terms and conditions as well as policies that are referenced in this document and/or accessible via hyperlink. The terms of Service are applicable to everyone who uses the site of the site, which includes not excluding users who are users, vendors customers, merchants, and/or authors of content.

Please go through the Terms of Service carefully before using or accessing our website. By using or accessing any portion of the website you agree to be legally bound to these Terms of Service. If you are not acquiescing to all conditions and terms that are part of the agreement you are not permitted to access the website or access any of the services. When these Terms of Service are deemed to be an offer to you, your acceptance is specifically restricted to the terms of service.

Any new tools or features that add to the existing store will also be in compliance with the Terms and Conditions of Service. You may go through the most current edition of our Terms of Service at any moment on this page. We are entitled to modify, modify or replace any or clause of the Terms of Service by publishing modifications and updates on our website. You are responsible to monitor this page frequently for updates. The continued use or access to this website after posting any changes is deemed to be acceptance of the modifications.

Our store is hosted by Shopify Inc. They offer us the online e-commerce platform, which lets us sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS
In submitting your signature to this Terms of Service, warrant that you are at over the age of majority in the state or province in which you live, or have reached the maximum age for your province or state of residence, and have agreed to permit any minor dependents of yours to access this website.
You are not permitted to utilize our products to serve any unlawful or unauthorised reason, and you should not using the Service in violation of any law within your region (including but not the copiesright legislation).
It is forbidden to transmit viruses or worms, nor any other code that is destructive in nature.
Infractions or breaches of any of these Terms could result in an immediate cessation of your Service.

SECTION 2 – GENERAL CONDITIONS
Our company reserves the right deny Service to any person for any reason at anytime.
Your content (not not including credit card data) can be transferred without encryption and involves (a) transmissions through different networks, and (b) modifications to conform and meet the specifications of connecting networks or devices. Credit card data is always secured when transferred through networks.
You agree not to duplicate, copy, reproduce duplicate or copy and sell, resell or exploit any part of the Service and/or access to the Service and access to or use of any part of the Service or any of the contacts via the website on where the Service is offered without the express written permission from us.
The headings in this agreement are used solely for convenience and do not limit or affect the terms of this agreement in any way.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We cannot be held responsible if information provided on this site isn’t correct, complete or up-to-date. The information on this website is as general information only and is not to be relied on or utilized for the sole purpose to make decisions without consulting other reliable, more precise complete, more up-to-date or current resources for information. Any reliance on the content that is available on this site is at your own risk.
This website may contain historical data. Information from the past is not up-to-date and is intended for use only for reference. We are free to alter the information on this website at any time, however we are not required to make any changes to the information we provide on our website. It will be your obligation to be aware of the changes on our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
The prices for our products may changes without notice.
The Service is subject to change and we reserve the rights to at any point to alter or end our Service (or any component or content) without prior notice at any time.
We shall not be held liable to you or the third party for any change in price, modification or suspension or termination in the Service.

SECTION 5 PRODUCTS AND SERVICES (if appropriate)
Certain services or products may be only available on the website. These products and Services could be limited in quantity and are eligible for exchange or return only in accordance to our Refund Policy.
We’ve made every effort to present as accurately as is possible the images and colors of our merchandise that are displayed in the store. We cannot ensure that the display on your computer monitor of any color will be exact.
We are entitled however we are not obliged to limit the sale of our products and Services to any individual in any geographic area or region. We can apply this right on an individual basis. We reserve the right to restrict the amount of products or services we provide. The descriptions of the products or pricing of products can be changed at any time without notice at the sole discretion of our company. We reserve the right to end products at any point. Any offer or promotion for any product or service offered on this website is null and void in the event of a prohibition.
We cannot guarantee our customers that the content of product or services, information or other information that you purchase or obtain will meet your expectations or that any errors that occur in the Service are going to be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
The company reserves the rights to deny any order that you place with us. We can, at the discretion of our own, restrict or cancel the quantity of products purchased per individual in a household, or per order. This may apply to orders that are placed with or under one customer’s account using the identical credit card or orders using the same billing or shipping address. If we modify the order or even cancel it we can attempt to notify you of the change by calling the email and/or phone number for the billing address or number at the time that the purchase was placed. We reserve the right to restrict or block orders that, in our own judgement, appear to have been made by resellers, dealers or distributors.

You agree to supply current complete and accurate payment and account details for all purchases you make at our stores. You must immediately update your accounts information and other details, such as your email address as well as credit card numbers as well as expiration dates so that we can finish your transactions and notify you as required.

For more information, go through our Refund Policy.

SECTION 7 – OPTIONAL TOOLS
We could give you access to third party tools that we do not have any oversight nor control or any input.
It is your understanding and agreement to provide access to these instruments “as is” and “as available” without any representations, warranties either representations or conditions or any other representations and without any representation or endorsement. We will not be liable whatsoever in connection with or related to your use of tools from third parties.
The use of the tools that are available through the site is to your risk. You are at the user’s own discretion , and it is your responsibility to be sure that you are aware with and agree to the terms of service that are offered by the applicable 3rd-party provider(s).
In the near future, provide new features and Services through our website (including the launch to the public of innovative tools and other resources). These new features and/or services will also be subject to these Terms of Services.

SECTION 8 – THIRD-PARTY LINKS
Certain content, products , and Services that are available through our Service may contain content from third-party sources.
The links to third-party websites on this site could direct you to third-party websites that aren’t affiliated with us. We are not responsible for reviewing or reviewing the content or accuracy and we don’t warrant or assume any liability or obligation for any third-party material or websites or any other products, materials or services of third-party companies.
We are not responsible for any loss or damage that result from the purchase of or use of products or services or content, resources or any other transaction associated with websites operated by third parties. Be sure to read the policies and practices and be sure you know the rules before you sign up for any transaction. Any complaints, concerns, or claims or concerns about third-party products must be addressed to the third party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, upon request, you submit specific submissions (for examples of contest entry) or without our permission If you submit creative concepts, ideas, suggestions or plans, as well as other documents, whether online or via email, postal mail or any other means (collectively called ‘comments’) you consent that we can at any point without limitation, modify the content, duplicate or publish, distribute, translate , and use the comments you send to us. We are not and will not be in no way bound (1) to keep all comments confidential; (2) to pay compensation for any comments as well (3) to reply to any feedback.
We can, however, have no obligation to to monitor, edit, or remove content that we believe in our sole discretion to be illegal or offensive, infuriating and defamatory. pornographic, offensive or offensive or infringes on any other party’s intellectual property rights or these Terms of Service.
Your comments are not in violation of any rights of any third party, including trademarks, copyrights, privacy and personality rights, as well as any other rights that are proprietary or personal to you. Further, you accept that your postings are not libelous or other illegal, abusive or profane content, or contain the virus of any kind or malware that may be harmful to the functioning or operation of this Service or any associated website. You must not create a fake email address, claim to be someone else than yourself, or deceive us or other third parties about the source of any comment. The sole responsibility of you is the content of your posts and the accuracy of your comments. We do not take responsibility for and do not assume any liability for any remarks that you post or by any third-party.

SECTION 10 – PERSONAL INFORMATION
The submission of your personal information via the store is subject to being subject to our Privacy Policy that is available on this page: Privacy Policy

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Sometimes, there is information on our website or on the Service that may contain mistakes in typography, inaccuracies or errors that could be related to descriptions of products price promotions, special offers, costs for shipping, transit times and availability. We reserve the right to rectify any errors, inaccuracies , or errors, as well as to alter or amend information or to cancel orders in the event that any information on or on the Service as well as on any associated website is incorrect at any time , without any prior notification (including after you have placed an order).
We are not under any obligation to update, modify or clarify any information contained in or on the Service as well as on any associated website, including but not limited to pricing information, except the law requires it. The absence of any specific date for updating or refreshing, whether on the Service or on any associated website should be taken to mean that all information on or on the Service and on any other related website has been changed or changed or updated.

SECTION 12 – PROHIBITED USES
Alongside other restrictions that are outlined within the Terms of Service, you are not permitted to use the website or its contents: (a) for any illicit reason; (b) to solicit others to engage in or take part in any illegal act; (c) to violate any international federal, provincial, or state laws, regulations or laws, or municipal ordinances. (d) violate on or infringe on your intellectual property rights, or rights of other intellectual property owners; (e) to harass or inflict insults, abuse or harm, defame, discredit, defame, harass or discriminate against based on gender or sexual orientation or religious affiliation or race, age, national origin or disability (f) to provide false or false data; (g) to upload or transmit viruses, or any other kind of malicious code that can use in any manner that could affect the functioning or performance or operation of the Service or any other website, or other websites and other websites, or the Internet; (h) to gather or track the private information of other people; (i) to spam or phish, pharm, spider, pretext or scrape; (j) to use any other obscene or illegal purpose; and (k) to disrupt or bypass protections of any of the Service or any other related website, other websites as well as the Internet. We are entitled to end your access to our Service or any other related website if you violate all of our prohibited use.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We cannot guarantee nor do we warrant that the usage of the Service can be continuous, uninterrupted and secure, or that it will be error-free.
We cannot guarantee that the results which may be derived through the Service are precise or reliable.
You acknowledge that at any time we are able to discontinue our Service for indefinite amounts of time or terminate your access to the Service at any time without prior notice to you.
You acknowledge that the use of, or inability to use the Service is entirely at your own risk. The Service as well as all other products and services offered to you via your use of the Service are (except the expressly stated terms by us) offered ‘as-is’ and “as is” for your use, and without any representations, warranties or conditions whatsoever, whether implied or explicit, and includes any implied conditions or warranties regarding merchantability the quality of merchantability and fitness for a specific use as well as durability, title and non-infringement.
In no event will Xrival Fitness , our directors employees, officers and contractors, affiliates, agents or interns, suppliers, Service service providers, or our licensors be held liable for any loss, injury or claim or indirect, consequential damages, punitive or consequential damages of any kind, which include the loss of profits, revenue lost and savings, the losses of information, replacement expenses or similar damages, irrespective of whether they arise from the tort of contract, tort (including negligence) or strict liability, or any other reason, arising out of the use part of the Service or the products you purchase through the Service or for any other claim that is related or relating to the usage of or access to the Service or any product including (but not limited to) the possibility of errors or omissions that may be in any material, or any damage or loss that may arise as by your use of Service or any product (or product) uploaded or transmitted or made available through the Service even if we have been you are aware of the possibility. Since certain states or jurisdictions don’t permit the exclusion of or the exclusion of responsibility for incidental or consequential damages, in these state or region, we’re liable only to the extent that it is permitted by law will be restricted to the maximum amount permitted by law.

SECTION 14 – INDEMNIFICATION
You agree to defend, indemnify and indemnify Xrival Fitness and our parent affiliates, subsidiaries officers, partners directors, agents contractors Licensors, Service Providers and subcontractors, as well as employees, suppliers and interns and employees against any demand or claim including reasonable attorney’s costs, brought by any third-party arising out of or resultant of your violation of these Conditions of Service or of the documents that they incorporate by reference or your infraction of the law, or rights of the third-party.

SECTION 15 – SEVERABILITY
If any part of this terms of Service is determined to be illegal, invalid or inapplicable, the clause will nevertheless be enforced to the maximum extent permissible by law. If the non-enforceable portion will be considered to be removed of this terms of Service, such determination will not affect the legality and enforceability of any remaining terms.

SECTION 16 – TERMINATION
All obligations, liabilities and obligations of parties that were in place prior to the date of termination will survive the termination of this agreement to the fullest extent.
This Terms of Service will remain valid unless and until they are the termination is initiated by either of we or you. You can terminate this Agreement at any point by notifying us that you no longer want to make use of our Services or if you stop accessing our website.
If we are of the opinion that you do not, or we believe that you’ve not complied with any provision or term within these Terms and Conditions of Service, then we could end the agreement at any point without notice. You are still liable for the entire amount due up to and including date of termination and consequently, we may block your the access we provide to you (or any portion of it).

SECTION 17 – ENTIRE AGREEMENT
Failure of us to enforce or exercise any of the rights and provisions in the Terms and Conditions will not be considered any waiver of that right or clause.
The Conditions of Service and any policies or operating rules published by us on this website or with relation to the Service constitute the complete agreement and agreement between us and you and govern usage of the Service and supersede any prior or contemporaneous agreementsor communications or proposals, written or oral between you and us (including but not including, previous editions of the terms of Service).
Any confusions regarding how these terms of service are interpreted will not be taken to mean that the person who wrote the Terms of Service.

SECTION 18 – GOVERNING LAW
The Terms and Conditions as well as any other agreements we enter into to offer you Services will be governed and interpreted according to the law of Canada.

SECTION 19 – CHANGES TO TERMS OF SERVICE
You can check the most recent edition of our Terms of Service at any moment on this website.
We reserve the rights, at our own discretion, to modify or modify any portion or clause of the Conditions of Service by posting updates and modifications to our website. You are responsible to regularly check our website frequently for modifications. The continued use the website, or your access to Service after the publication of any amendments of these terms of Service constitutes acceptance of these changes.

SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at xrivalfitness@gmail.com.
Contact details are posted below:
Xrival Fitness

1312 40 Ave NE, Calgary, AB T2E 6L1, Canada

7611 49 Ave red deer T4P 1M3

+1 403 357 6882

xrivalfitness@gmail.com