1. Terms and Conditions
(1) The use of this site is governed by the policies, terms and conditions set forth below. Please read them carefully. Your use of this site indicates your acceptance of these terms and conditions.
(2) Your placement of an order indicates your acceptance of these terms and conditions. Your submittal of any purchase order to Seller indicates acceptance of these terms and conditions. These terms and conditions shall supersede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by Seller, Seller reserves the right to make changes to this site and these terms and conditions at any time.
(1) We keep your personal information private and secure. When you make a purchase from our site, you may provide your name, e-mail address, credit card information, address, telephone number and a password. We use this information to process your orders, to keep you updated on your orders and to personalize your shopping experience. Our secure servers protect the information using advanced encryption and firewall technology. In order to most efficiently serve you, reputable third party banking and distribution institutions handle credit card transactions and order fulfillment. They receive the information needed to verify and authorize your credit card and to process your order. They are under strict obligation to keep your personal information private.
3. Copyright and Trademark Notice
(1) This site is owned and operated by Seller. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons and images, as well as the selection, assembly and arrangement thereof, are the sole property of Seller, Copyright 2015, ALL RIGHTS RESERVED. All audio and video clips are the sole property of Seller or their respective content providers. All software used on the site is the sole property of Seller or those supplying the software. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or by any means without Seller’s prior written permission.
(2) All rights not expressly granted in this Agreement are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
(3) Seller, Coach Within, and eJ are registered trademarks, trademarks or service marks of Seller. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Seller. All other trademarks or service marks are property of their respective owners. The use of any Seller trademark or service mark without Seller’s express written consent is strictly prohibited. eJ is patented in Canada (2551590) and the United States (8012071).
4. Disclaimer and Limitation of Liability as to Product Sold
(1) The product is guaranteed against manufacturing defects for 365 days from the date of the invoice. The risk of injury from participation in this, or any, fitness regimen is significant, and includes the potential for catastrophic injury or death. When you use the product, you assume this risk. You should therefore consult your doctor and other regulated health professionals before undertaking any fitness regimen, including movements described by Seller. Movements described by Seller shall not be considered medical advice. Buyer should ensure that a suitable area has been cleared prior to use of the product, to allow for free movement of the body within the resistive constraints of the product’s design as an exercise device, and to avoid collision with objects. Buyer should not attempt to use the product as an assistive device or walking aid.
(2) EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THE SELLER SITES. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, SELLER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO SELLER. ARISING FROM ANY PRODUCT SOLD ON THE SELLER SITES SHALL BE THE PRICE OF THE PRODUCT ORDERED. IN NO EVENT SHALL SELLER, ITS PRINCIPALS, DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO PRODUCTS SOLD.
5. Disclaimer and Limitation of Liability as to the Seller Website
THE SELLER WEBSITES AND THE MATERIALS THEREIN ARE PROVIDED “AS IS”. SELLER MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO SELLER SITES, THEIR OPERATION, CONTENTS, INFORMATION OR MATERIALS. SELLER. EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITES OR THEIR USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT SELLER, ITS PRINCIPALS, DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT OR USE OF THE SELLER SITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Seller is not responsible for the operation of or content located on or through any such site.
7. Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Seller reserves the right at any time after receipt of your order to accept or decline your order for any reason. Seller reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. Seller is a seller to end user customers and does not accept orders from exporters, wholesalers or other customers who intend to resell the products offered by Seller.
8. Payment Methods
(1) We accept all major credit cards including, Visa, MasterCard and Discover. There is no surcharge for using your credit card to make purchases with Seller. Please be sure to provide your exact billing address and telephone number (the address and telephone number your credit card bank has on file for you). Incorrect information may cause a delay in processing your order.
(2) Your credit card will be billed either on shipment of your order or upon placement of your order.
9. Shipping Policy
All shipments are subject to stock availability.
10. Shipping Terms
Estimated delivery time is three to seven days following shipment. Shipping rates will vary by location.
11. Sales Taxes
Seller shall automatically charge and withhold the applicable sales tax for orders.
12. Return Policy
Products may be returned to Seller for replacement or refund in the following manner: Requests for a refund must be made to Seller within thirty days of the invoice date. Buyer shall ship the product to Seller’s address on the invoice, in its original packaging. Returns will be limited to defective product on customer receipt. Upon receipt, Seller shall examine the product for signs of use and will determine, in its sole and absolute discretion, whether the product can be returned for a refund. If a refund is available, Seller will refund the Buyer electronically or by cheque. If a refund is not available, the Buyer shall be responsible for arranging return shipment of the product.
All returns must be sent via Purolator, UPS, Federal Express or any other courier that issues a tracking number.
13. Jurisdiction and Venue
You agree that any legal action brought against Seller shall be governed by the laws of the Province of Ontario without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the Seller sites shall be an appropriate court located in the City of Toronto, Ontario.