CONDITIONS OF USE
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Welcome to www.ndofitness.com ("Website"). No Days Off Fitnessl Inc. and/or its affiliates provide website features and other products and services to you when you visit or shop on our site, and use our products and/or services (collectively, "Offerings").
We offer a wide range of Offerings, and depending on the nature of the Offering, additional terms may apply. When you avail an Offering and any related service, you will also be subject to the guidelines, terms and agreements applicable to the particular No Days Off Fitness Inc. Service ("Conditions of Use").
By using the Website, you agree to the following conditions. Please read them carefully
Privacy
Please review our Privacy Policy, to understand our practices with respect to the information received from you.
Site Transactions
No Days Off Fitness Inc. makes its Offerings as available on its Website, aside from other in-person purchases that may be made.
With respect to orders placed on our Website, No Days Off Fitness Inc., reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities or bookings purchased per person, per address or per order. These restrictions may include orders or bookings placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order or booking, we will notify you via e-mail, or by reaching to the billing address/phone number provided at the time the order was made. Any transactions processed on associated credit/debit cards shall be reversed to the same account.
We reserve the right to limit or prohibit orders or bookings that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Electronic Communications
When you use the Offerings on our Website, or send e-mails, text messages, social media messages and other communications from any device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you in a variety of ways, such as by e-mail, text, or by posting notices and messages on the Website. You agree that all agreements, notices, messages, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright
All content included in or made available through our Website including but not limited to text, photographs, designs, graphics, logos, button icons, audio clips, digital downloads, data compilations, and software and including the selection, coordination, arrangement and enhancement of such content, as used on the Website, or applied to our Offerings, is the property of No Days Off Fitness Inc. or its content suppliers, and is protected by applicable copyright laws. The compilation of all content included in or made available through our Website is the exclusive property of No Days Off Fitness Inc.
Trademarks
The “NO DAYS OFF” brand, associated trademarks and the NDO logo (“”) are the proprietary trademarks of No Days Off Apparel Inc. The NO DAYS OFF brand and associated marks as displayed on the Website, Offerings, PACKAGING or other social media platforms may not be used FOR ANY COMMERCIAL PURPOSES on any third party websites, merchandise or services without the consent of No Days Off Apparel Inc. Any unauthorized use of the brand and associated marks is a violation of our Intellectual Property Rights.
Any other graphical elements, logos, page headers, button icons, scripts, service names and the overall look and feel included in or made available through our Website or our Offerings are trademarks and/or trade dress owned by No Days Off Apparel Inc. These trademarks and trade dress elements may not be used in connection with any product or service that is not offered by No Days Off Apparel Inc. and may not be used in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the brand. All other trademarks not owned by No Days Off Apparel Inc. or its affiliates that may appear on its Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by No Days Off Apparel Inc. or its affiliates.
If you wish to share about us on your social media platforms, please connect with us on those platforms (as linked on our website) and link, tag, tweet or hashtag about us. We will be happy to re-connect with you on Facebook, Twitter, Instagram and other platforms!
Intellectual Property Complaints
No Days Off Fitness Inc. respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please contact us immediately.
Risk of Loss
Risk of loss and title for items purchased from the Website pass to the purchaser/potential recipient upon our delivery to the carrier. If items must cross an international border, then the purchaser/recipient assume any risk of loss and title that may occur by virtue of customs requirements not being met, or violated. Any customs fee that may be applicable will be borne by the purchaser or the final recipient located at the final destination of the Offerings.
Product Descriptions & Colours
No Days Off Fitness Inc. attempts to provide accurate product descriptions to the extent possible. However, No Days Off Fitness Inc. does not warrant that product descriptions or other content of the Website is accurate, complete, reliable, current, or error-free.
Please note that the actual product as shown on the Website may differ from the actual product due to its photography or other conditions governing the operation of the Website itself. We have made the best possible effort to display the colours of the products as accurately as possible on our Website. However, we cannot guarantee that this will accurately match the actual product, due to the nature of the fabric, or any variation in display settings of your computer, and/or variation in brightness and other imaging parameters used in the course of photography.
Returns, Refunds and Title
No Days Off Fitness Inc. does not accept returns or give refunds. If you have any concerns regarding the quality of the products, or any defects, please contact us to address your concerns.
Pricing
With respect to items or services sold by No Days Off Fitness Inc., we make our best efforts to keep pricing as accurate as possible. If you notice any discrepancies in pricing (i.e. on the product page and at the time of checkout), please contact us prior to placing your order.
Disclaimer of Warranties and Limitation of Liability
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC'S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
THE WEBSITE OFFERINGS AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE. SERVICES ARE PROVIDED BY NO DAYS OFF INC. ARE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. NO DAYS OFF INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE NO DAYS OFF INC. SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NO DAYS OFF INC. SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE NO DAYS OFF INC. SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NO DAYS OFF INC. DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. NO DAYS OFF INC. DOES NOT WARRANT THAT THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, ITS SERVERS, ELECTRONIC COMMUNICATIONS, OR E-MAIL SENT FROM NO DAYS OFF INC. EMAIL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO DAYS OFF INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ITS WEBSITE, ANY NO DAYS OFF INC. SERVICE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Applicable Law and Disputes
The laws of the Province of Nova Scotia apply to this agreement.
Both you and No Days Off Fitness Inc. agree to the following dispute resolution procedure: Except to the extent prohibited by applicable law, in the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted with No Days Off Fitness Inc., or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute.
Notice shall be sent to you at: your last-used billing and/or shipping address. Please contact us through our Website to receive the proper address for initiating the above resolution procedure.
To the maximum extent permitted by law, both you and No Days Off Fitness Inc. agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
Site Policies, Modification, and Severability
We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.