Terms and Conditions

TERMS OF USE

Welcome to the website of Inner Balance Wear Inc. (including any of its subsidiaries or corporate affiliates, collectively, “Inner Balance Wear Inc.”, "we," "us" or "our").  Any person using or accessing the website located at www.innerbalancewear.com and any other website(s) owned and/or operated by Inner Balance Wear Inc. and any of their associated web pages (collectively, the "Web Site") is referred to as "you".
By using and accessing the Web Site, you represent, warrant, understand and agree:

1) To accept, comply with, and be bound by these Terms of Use.

2) That you have the right, authority, and capacity to abide by these Terms of Use.

3) To comply with all applicable laws, rules and regulations concerning your access to and use of the Web Site.

4) You are over 18 years of age.

You are responsible for regularly reviewing these Terms of Use.  INNER BALANCE WEAR INC. reserves the right to update, change, modify or otherwise alter these Terms of Use at any time without notice and are effective immediately upon posting.  You agree that such shall bind you.  Any use or access of the Web Site by you after the posting of any revisions shall constitute and be deemed your agreement to these terms of use.

If you do not want to be bound by these Terms of Use, do not use or access any part of the Web Site.

These Terms of Use are effective unless terminated by INNER BALANCE WEAR INC.  INNER BALANCE WEAR INC. may terminate these Terms of Use, the Web Site or any portion thereof, any website or webpage within the Web Site or any products or services offered through the Web Site, or terminate your right to access or use the Web Site or any portion thereof without notice and at any time for any reason.  In the event of such termination, you are no longer authorized to access the Web Site, and the restrictions imposed on you with respect to the Content (as defined herein), and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms of Use, shall each survive such termination.

 

USE AND ACCESS

You may use the Web Site solely for your personal and non-commercial use.  You agree to only access or use the Web Site solely for legal purposes as allowed by these Terms of Use. (International users should note that they must agree to comply with all applicable local laws regarding privacy, online conduct and acceptable use and content).  Amongst other things, you agree not to:

  • Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame, use, transfer or sell any information, software, products, services or Content (as defined below) provided through or obtained from the Web Site, including without limitation, engage in the practice of "screen scraping," or any other similar activity;
  • Hack into the Web Site or any of its Web Site, or modify another website so as to falsely imply that it is associated or affiliated with the Web Site;
  • Damage, disable, overburden, transmit any worms or viruses or any code of a destructive nature, or interfere with any other party's use and enjoyment of the Web Site;
  • Violate any applicable laws, rules or regulations in your jurisdiction (including but not limited to trademark and copyright laws); or
  • Access or attempt to access any password-protected, secure or non-public areas of the Web Site.

For any portion of the Web Site that requires a user name and/or password, you are responsible for all use of your account (under any user name or password) and for ensuring that all use of your account complies fully with the provisions of these Terms of Use.  You shall be responsible for protecting the confidentiality of your user name(s) or password(s)

 

TERMS OF SALES

All product sales from the Sites and Apps are governed by any terms of that may be posted on the Sites and Apps.  You should refer to our terms of sale to learn more about applicable product warranties, our return policy, and shipping terms.  By ordering and/or accepting delivery of the products, you agree to be bound by these terms of sale. The terms of sale are subject to change without prior notice at any time, in Inner Balance Wear’s sole discretion so you should review the terms of sale each time you make a purchase.  Additional information may be found in our FAQ and online shopping sections of the Sites.

 

INTELLECTUAL PROPERTY

The website and all Content (as defined below), features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) that appears as part of or on the Web Site are the property of INNER BALANCE WEAR INC. and/or a third party (which may be indicated by a link to or from an external source, or otherwise).  Content is provided through the Web Site "AS IS", and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall INNER BALANCE WEAR INC. be liable for any Content or for any loss or damage of any kind incurred as a result of your use of any Content made available via the Web Site.

The Web Site as a whole and all Content thereon is protected by copyright, trade dress, and trademark laws of the Canada, as well as international treaties, conventions and the laws of other countries, as applicable.  You may not use, reproduce, copy, modify, publish, transmit, distribute, perform, display, download, license, enter into a database, create derivate works from, reverse engineer, frame, transfer, or sell any Content obtained from, through or on this Web Site, in whole or in part.  Any use of the Content, except as specifically provided in these Terms of Use, is strictly prohibited.

 

COPYRIGHT

The Content, Sites, Original Song/Lyrics, Photos/Images, Videos, Apps, as well as the selection and arrangement thereof, are the sole property of Inner Balance Wear and/or its licensors and are protected by patent, copyright, trademark and other intellectual property laws and may not be used except in accordance with these Terms of Use or with Inner Balance Wear's express written consent.  Other than as necessary for your use of the Sites and Apps in accordance with these Terms of Use, Inner Balance Wear grants no other privileges or rights in the Content to you, and you must keep intact all patent, copyright, trademark and other proprietary notices on the Content.  Any Content owned by Inner Balance Wear's licensors may be subject to additional restrictions.  Except as expressly provided in these Terms of Use, no part of the Original Song/Lyrics, Photos/Images, Videos, Apps, Sites and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Web site, smart phone, tablet or other medium for publication or distribution or for any commercial enterprise, without Inner Balance Wear’s express prior written consent.

If you print, copy or download any part of the Sites in breach of these Terms of Use, your right to use the Sites will cease immediately and you must, at Inner Balance Wear’s option, return or destroy any copies of the materials you have made.  You may print one copy, and may download extracts of any page(s) from the sites for your personal non-commercial purposes.  You must not modify the paper or digital copies or any materials you have printed or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.  Inner Balance Wear’s status (and that of any identified contributors) as the authors of material on the Sites must always be acknowledged.

 

TRADEMARKS

All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the "Marks") that appear on the Sites, Original Song/Lyrics, Photos/Images, Videos and Apps are proprietary to Inner Balance Wear or such Marks' respective owners.  You may not display or reproduce the Marks other than with the prior written consent of Inner Balance Wear, and you may not remove or otherwise modify any trademark notices from any Content.  The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws.

In addition, all page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names and/or trade dress of Inner Balance Wear or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Inner Balance Wear.

 

COPYRIGHT AND TRADEMARK INFRINGEMENTS

Notification:

Inner Balance Wear respects the intellectual property rights of others, and we ask you to do the same.  Inner Balance Wear may, in appropriate circumstances and at our discretion, terminate service and/or access to the Sites, Original Song/Lyrics, Photos/Images, Videos and Apps for users who infringe the intellectual property rights of others.  If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Sites or Apps, please provide Inner Balance Wear's designated agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512 ("DMCA"):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Sites or Apps, and information reasonably sufficient to permit Inner Balance Wear to locate the material.

Information reasonably sufficient to permit Inner Balance Wear to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Inner Balance Wear's agent for notice of claims of copyright or trademark infringement on the Sites, Original Song/Lyrics, Photos/Images, Videos and Apps can be reached as follows:

By email: legalcounsel@InnerBalanceWear.com

By mail:

Attention:  Legal Counsel

1550 16th Avenue

Building A (Unit 1-3)

Richmond Hill, ON

L4B 3K9

Canada

Please also note that for copyright infringements under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

 

CONTENT

All information, text, graphics, images, photographs, logos, illustrations, descriptions, data, designs, icons, video clips, audio clips, sounds, files, trademarks, copyrighted material, trade dress, interfaces, software, specifications, catalogs, literature, advertisements, titles, names, User Generated Content (as defined below) and any other materials provided on the Web Site are owned by Inner Balance Wear and/or third parties, and are collectively referred to as "Content."  The Content may contain omissions, errors, or may be out of date.  Inner Balance Wear reserves the right, in its sole discretion, to change, delete, update, modify or otherwise alter the Content at any time without providing notice.  The Content is provided for informational purposes only and is not binding on Inner Balance Wear in any way except to the extent that it is specifically indicated to be so.

We do not control, approve, sponsor or endorse any third-party Content, products or services and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of any third-party Content, products or services.  Any third-party Content, products or services posted on, transmitted through, or linked to from the Web Site are the sole responsibility of the third-party originator of such Content.  Links to any third-party Content are provided for your convenience only.  If you choose to access any third-party Content, you do so at your own risk.  You acknowledge and agree that INNER BALANCE WEAR INC. is not responsible or liable for any loss or damage of any sort incurred as a result of accessing third-party content, products or services or dealings with a third-party website.

Any concerns regarding Content and/or availability of hyperlinks of a third party on the Web Site, which are not controlled by INNER BALANCE WEAR INC., should be directed to the third party that controls such Content or hyperlink.  If you believe we have provided a hyperlink to a third-party website that contains infringing or illegal Content, products or services, we ask that you notify us at the address noted below so that we may evaluate whether, in our sole discretion, to disable it from the Web Site

 

USER GENERATED CONTENT

INNER BALANCE WEAR INC. welcomes comments, feedback, reviews, notes, suggestions, thoughts, ideas, proposals, pictures, photographs, information, text, graphics, images, logos, illustrations, descriptions, data, designs, icons, video clips, audio clips, sounds, files, specifications, catalogs, literature, advertisements, titles, names and any other materials, but which shall expressly exclude any personally identifiable information from you on the Web Site, including but not limited to on its blog, product detail webpages and elsewhere.  You agree that any User Generated Content that you post, upload, input, submit, send, contribute or otherwise transmit (collectively, "Submit" or "Submission", as appropriate) to the Web Site (whether directly or through a third party) shall be true, accurate and complete and you shall not impersonate or falsely represent your affiliation with any person or entity.  You are entirely responsible for all User Generated Content that you submit or otherwise make available via the Web Site.

By Submitting User Generated Content to the Web Site, you grant, and you represent and warrant that you have the right to grant, to INNER BALANCE WEAR INC., its affiliates, agents and licensees, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, publish, distribute, sublicense, and otherwise disclose, prepare derivative works of, or incorporate into other works, the User Generated Content, for any purpose without restriction and without providing any attribution or compensation to you.  Such User Generated Content will not be treated as confidential information.  In addition, by posting or allowing INNER BALANCE WEAR INC. or a third party to post User Generated Content to any public area of the Web Site, you grant INNER BALANCE WEAR INC. all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the User Generated Content by any party for any purpose.

You agree that you shall not use the Web Site to Submit any User Generated Content that (i) is not related to appropriate subject matters, (ii) is misleading to others, (iii) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, pornographic, indecent, invasive of another's privacy, hateful, offensive, or racially, ethnically or otherwise objectionable, (iv) you do not have a right to Submit under any contractual relationships, (v) is infringing of any patent, trademark, trade secret, copyright or other proprietary rights of any third party, (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Web Site, including but not limited to a virus, trojan horse, worm, or time bomb, or (vii) intentionally or unintentionally violates any applicable local, state, national or international law, or any rules or regulations having the force of law.

In the event that you do not wish for INNER BALANCE WEAR INC. to use your User Generated Content, please do not Submit such User Generated Content to the Web Site.  Please note that any User Generated Content does not represent the advice, views, opinions or beliefs of INNER BALANCE WEAR INC., and INNER BALANCE WEAR INC. makes no claim of accuracy of any such User Generated Content.  You understand and agree that you are solely responsible for any User Generated Content that you Submit and you may be held legally liable for such User Generated Content.  INNER BALANCE WEAR INC. reserves the right to remove any User Generated Content from the Web Site at any time and for any reason.

 

LIMITED LICENSE

You are hereby granted a non-exclusive, limited and revocable license to view the Content on the Web Site, but only while accessing the Web Site. You agree that you are only authorized to visit, view and retain a copy of any websites or webpages of the Web Site for informational, non-commercial and your own personal use.  Additionally, you understand and agree that you are strictly prohibited from duplicating, downloading, publishing, republishing, adapting, modifying, displaying, transmitting, or otherwise distributing the Content and/or the Web Site for any commercial use (whether for profit or not), or for any other purpose other than as may be expressly permitted in these Terms of Use.

You also agree not to deep-link to the Web Site or any website or webpage thereof for any purpose, unless specifically authorized by INNER BALANCE WEAR INC.  Use of any of INNER BALANCE WEAR INC.’s trademarks and/or copyright material as metatags on other Web Sites is also strictly prohibited.

 

UNAUTHORIZED USE

You shall not use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a "robot," "spider" or other similar process or functionality to interfere (or attempt to interfere) with, damage, disable or impose an unreasonable burden or load on, the operation of the Web Site, or transmit any worms or viruses or any code of a destructive nature on or to the Web Site.

You agree that you shall not use the Web Site for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose, to sell or offer to sell any goods or services, to conduct or forward surveys, contests, or chain letters, or for any purpose that is prohibited by these Terms of Use.  Illegal and/or unauthorized uses of the Web Site, including, but not limited to, unauthorized framing of or linking to the Web Site or unauthorized use of any robot, spider, or other automated device on the Web Site, will be investigated and will be subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.

 

LINKING

If INNER BALANCE WEAR INC. authorizes you to deep-link your website or a service offered by you to the Web Site, in addition to and notwithstanding anything to the contrary, you understand and agree that: (1) INNER BALANCE WEAR INC. has no obligation to continue to provide or make the service or the Web Site available; (2) all conditions, disclaimers and limitations on use set forth in these Terms of Use remain in full force and effect; (3) all intellectual property rights relating to INNER BALANCE WEAR INC. and its technology and Content, including all ownership rights, remain the exclusive property of INNER BALANCE WEAR INC.; (4) you will be solely responsible for the data and content that you publish on your website; and (5) INNER BALANCE WEAR INC. may terminate your access to the Web Site at any time in its sole discretion.

INNER BALANCE WEAR INC. reserves the right, but not the obligation, to remove any linked source if it contains or features any unacceptable content, as determined in INNER BALANCE WEAR INC.’s sole discretion, and including, but not limited to, (i) offensive, harmful and/or abusive language, including, without limitation, expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language, and hate speech, (ii) references to illegal activity, malpractice, purposeful overcharging, or false advertising, (iii) personal attacks or describes physical confrontations and/or sexual harassment, (iv) language that violates the standards of good taste or the standards of this Web Site, (v) content that is illegal, or a violation of any federal, state, or  local law or regulation, or the rights of any other person or entity, (vi) language that is intended to impersonate other users or is offensive or uses inappropriate user names, or (vii) content that is encrypted or that contains viruses, Trojan horses, worms, time bombs, bots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or the Web Site.

 

LIMITATION OF LIABILITY

IN NO EVENT WILL INNER BALANCE WEAR INC. BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THIS SITE OR ANY OTHER HYPERLINKED WEB SITES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF INNER BALANCE WEAR INC. IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES.  IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, THE FOREGOING LIMITATIONS ON LIABILITY MAY NOT APPLY TO YOU.

 

INDEMNIFICATION

You agree to indemnify, defend and hold harmless INNER BALANCE WEAR INC., its third-party vendors, manufacturers, agents, distributors, corporate affiliates, officers, directors, and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorney's fees, (a) made by any third party due to or arising out of any Content Submitted, posted, or otherwise provided by you to the Web Site, INNER BALANCE WEAR INC. and/or its third party licensors, licensees or advertisers, and/or (b) resulting from your breach of any provision of these Terms of Use, any warranty you provide herein, or otherwise arising in any way out of your use of the Web Site or purchase of the products or services therefrom.  INNER BALANCE WEAR INC. reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with INNER BALANCE WEAR INC. in asserting any available defenses.

 

MODIFICATION / TERMINATION OF WEB SITE

INNER BALANCE WEAR INC. has the right to modify or terminate the Web Site at any time without prior notice.  In the event of termination of the Web Site, you will still be bound by your obligations under these Terms of Use and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability set forth herein.  INNER BALANCE WEAR INC. shall not be liable to you or any third-party for any termination of your access to the Web Site or any portion thereof.

 

GOVERNING LAW

All litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings or actions initiated in connection with the Sites, Original Song/Lyrics, Videos, Apps and/or the Content must and will be venued exclusively in Toronto, Ontario, Canada.  These Terms of Use and the relationship between you and Inner Balance Wear will be governed by the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable therein, without giving effect to principles of conflict of laws of any jurisdiction.  The International Sale of Goods Act of Ontario and the United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to these Terms of Use or to the transactions contemplated by these Terms of Use.

LANGUAGE

The official language of these Terms of Use exclusively shall be, and all communications and agreements between Inner Balance Wear and you and any proceedings in connection with these Terms of Use and/or your use of the Sites, Original Song/Lyrics, Photos/Images, Videos and Apps, exclusively shall be made in, the English language.  Inner Balance Wear and you waive any rights we may have under any other law to have these Terms of Use written in another language, and any translation of this Terms of Use will be for convenience only.

 

NO PARTNERSHIP

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Inner Balance Wear as a result of these Terms of Use, our Privacy Policy or any use of the Sites and Apps.  Inner Balance Wear’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use or our Privacy Policy is in derogation of Inner Balance Wear’s right to comply with law enforcement requests or requirements relating to your use of the Sites, Original Song/Lyrics, Videos, Photos/Images, and Apps or information provided to or gathered by Inner Balance Wear with respect to such use.

 

ENTIRE AGREEMENT

These Terms of Use, Cookie Policy and our Privacy Policy constitute the entire agreement between you and Inner Balance Wear with respect to the Sites, Original Song/Lyrics, Photos/Images, Videos and Apps, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Inner Balance Wear with respect to the Sites, Original Song/Lyrics, Photos/Lyrics, Videos and Apps.

 

MISCELLANEOUS

If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Use will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein.  Any headings or titles herein are for convenience only.