Terms and Conditions
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:
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.
USE AND ACCESS
- 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.
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.
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.
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
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
Attention: Legal Counsel
1550 16th Avenue
Building A (Unit 1-3)
Richmond Hill, ON
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.
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.
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.
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.
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.
MODIFICATION / TERMINATION OF WEB SITE