TERMS & CONDITIONS
TERMS OF USE
Canadian Pinnacle Nutritech Inc. works hard to ensure that you have great places to research sports nutrition products and the lifestyles related to them. Canadian Pinnacle Nutritech Inc. is proud of its online efforts and is committed to maintaining the highest standards possible. This Terms of Use document allows our valued customers to feel comfortable knowing that Canadian Pinnacle Nutritech Inc. recognizes and supports the rights of responsible users.
The website cpnhealth.ca (hereinafter, “Site”) is owned and operated by Canadian Pinnacle Nutritech Inc. (hereinafter “Canadian Pinnacle Nutritech”). This website is for your personal, non-commercial use only. The Site is not intended to offer any medical advice or opinions, either implied or explicit, and should not be used as such or as a substitute for advice from a healthcare practitioner. While the Site may offer information about cpn.ca products, consumers should always read the label before taking the purchased product and should consult a healthcare practitioner before starting any diet or exercise program.
The material contained within the Site is intended for residents of Canada only and shall only be construed and evaluated according to Canadian law. This material is void outside Canada and where prohibited by law or regulation. Do not proceed to view this Site if you are not a legal resident of Canada.
ACCEPTANCE OF TERMS OF USE
By using, visiting, or browsing the Site, you accept, without limitation or qualification, these Terms of Use and agree, without limitation, to the terms of our Privacy Statement. If you do not agree to these Terms of Use and Privacy Statement, please do not use our services or visit our Site. These Terms of Use constitute the entire agreement between Canadian Pinnacle Nutritech and you, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site, the content, products, or services provided by or through the Site, and the subject matter of these Terms of Use.
CHANGES TO THE TERMS OF USE
Canadian Pinnacle Nutritech reserves the right, at its discretion, to change, modify, add, or remove portions of these terms at any time. You are bound by such revisions and should therefore periodically visit this page to determine the then-current Terms of Use to which you are bound. You can review the most current version of the Terms of Use at any time by clicking on the “Terms of Use” hyperlink located at the bottom of the pages on the Site. By using the Site, you signify your acceptance of this Terms of Use. Your use of the Site after changes are made signifies your assent to be bound by the Terms of Use and Privacy Statement as they exist at that time.
INTELLECTUAL PROPERTY
The Site and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, and the collection, arrangement, and assembly of all content (collectively, “the Intellectual Property”) are protected by copyright, trade-mark, and other laws of Canada, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property of Canadian Pinnacle Nutritech or its affiliate(s).
COPYRIGHTS
The copyright in all materials provided on the Site is owned by Canadian Pinnacle Nutritech or its affiliate(s). Subject to the following exception, none of the material contained in the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of Canadian Pinnacle Nutritech. Site visitors may only view, copy, print and download the materials on the Site for personal, non-commercial use only, provided such materials are used for informational purposes only, and all copies, or portions thereof, include this copyright notice. Canadian Pinnacle Nutritech may revoke any of the foregoing rights at any time. Upon termination of any rights granted hereunder, you must immediately destroy any downloaded and printed materials. Any unauthorized use of any material contained on the Site may violate copyright laws, trade-mark laws, the laws of privacy and publicity, and communications regulations and statutes. Any infringement will result in appropriate legal action. Canadian Pinnacle Nutritech and its affiliated companies disclaim any and all liability that may result from any and all unauthorized reproduction or use of the information on this site. All rights reserved.
TRADEMARKS
The trade-marks, service marks and logos (“Trade-marks”) used and displayed on the Site are either registered or unregistered Trade-marks of Canadian Pinnacle Nutritech or its affiliate(s) or used under license. Nothing on the Site shall be construed as granting, by implication, estoppel, or otherwise any license or right to use any Trade-mark displayed on the Site without the prior written consent of the Trade-mark owner. The name Canadian Pinnacle Nutritech or any of the Trade-marks may not be used in any way including in any advertising or publicity pertaining to distribution of materials on the Site without the prior written consent of Canadian Pinnacle Nutritech. Canadian Pinnacle Nutritech prohibits use of its name or any Canadian Pinnacle Nutritech logo and Trade-marks as a “hot” link to any non- Canadian Pinnacle Nutritech Site, unless establishment of such link is approved in advance by Canadian Pinnacle Nutritech in writing.
Your use of the Site does not provide you with ownership rights to any Intellectual Property viewed through the Site nor does it waive any of Canadian Pinnacle Nutritech’s rights in such information and materials. Canadian Pinnacle Nutritech will aggressively enforce its intellectual property rights to the fullest extent of the law. All rights reserved.
LIMITED RIGHT TO USE
The viewing, printing or downloading of any content, graphic, form, or document from the Site grants you only a limited, non-exclusive license for use solely by you for your own personal, non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or offer for sale any information contained on, or obtained from, the Site. Illegal and/or unauthorized uses of the Site, including collecting usernames and/or e-mail addresses of members by electronic or other means for the purpose of sending unsolicited commercial e-mail; using any information retrieval system, whether electronic or through other means, to reproduce any of the content of the Site other than for your personal use; and unauthorized framing or linking to the Site will be investigated and appropriate legal action will be taken, including civil, criminal, and injunctive redress.
SITE USER CONDUCT
Canadian Pinnacle Nutritech welcomes and values your comments, questions, feedback and participation on this Site. When you submit content on this Site, you represent and warrant that your submission is true, lawful, your own original work, does not infringe any third party’s right, and is not threatening, harassing, defamatory, libelous, invasive of another person’s privacy, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable in any way. You shall not take any action that is intended to interfere with, or may result in the interference with, the proper operation and functioning of this Site in any manner or with another user’s access, use and enjoyment of this Site.
You agree not to transmit content of a commercial nature, including any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation. You further agree not to transmit content that you do not have the right to transmit under any law or under contractual or fiduciary relationships.
THIRD PARTY SITES AND CONTENT
This Site may include links to other websites, provided only as a convenience for you. Canadian Pinnacle Nutritech does not control or endorse those third-party sites and is not responsible or liable for the content on those sites. You agree that your use of third-party sites and content is entirely at your sole discretion and risk. You further agree that Canadian Pinnacle Nutritech shall not be liable, directly or indirectly, for any loss, damage or other claim caused or alleged to be caused by or in connection with access to, use of, or reliance on any third-party sites and their content.
YOUR ACCOUNT AND PAYMENT
By using this Site, you represent that you are at least the age of majority in your state, province, or place of residence. When you create and use a customer account on this Site, you are responsible for the following: (1) maintaining the confidentiality of your account and password; (2) all activities that occur under your account or password; and (3) keeping your information true, accurate, current and complete. If you know or suspect that the confidentiality of your account and password have been compromised, you must immediately notify Us at the email listed below. Canadian Pinnacle Nutritech reserves the right to refuse service, terminate accounts, terminate use of this Site, remove or edit content, and cancel orders at Our sole discretion and without notice.
You agree to pay all fees or charges to your account on this Site in accordance with the fees, charges, and billing terms in effect at the time a fee or charge us due and payable. You acknowledge and agree that for each order you place through the Site, the full cost of products you order (for which prices are subject to change without notice) assessed against your credit card. Without limiting the generality of the foregoing, you acknowledge and agree that you will pay assessed charges for any and all orders placed from your customer account, regardless of whether you actually receive those products. Canadian Pinnacle Nutritech will provide you with reasonable notice of any material modification in the fees charged for the services and products, which notice may be provided by posting the new fee schedule on this Site.
For payments on this Site, Canadian Pinnacle Nutritech will use Stripe Payments.
TERMINATION
Canadian Pinnacle Nutritech reserves the right to terminate your access to the Site or any of its services if it determines that you do not comply with these Terms of Use; provide false, inaccurate, or incomplete information during our registration process; engage in any conduct that would otherwise harm any of Canadian Pinnacle Nutritech’s rights or interests in its Site, services, or other property; or for any or no reason whatsoever without prior notice to you. Upon termination, you must cease use of the Canadian Pinnacle Nutritech Site and destroy all materials obtained from such site and all copies thereof, whether made under the terms of these Terms of Use or otherwise.
USER SUBMISSIONS
Canadian Pinnacle Nutritech or any of its affiliates is free to use, without limitation, any comments, information, suggestions, messages, ideas, concepts, reviews, or techniques contained in any communication you may send to the Site without any compensation, acknowledgement, or payment to you for any purpose whatsoever including, but not limited to, manufacturing, developing, marketing, and selling products and services, and creating, modifying or improving the Site or other websites. Furthermore, by posting any information on our Site, you grant us a nonexclusive, royalty-free, worldwide, perpetual license to display, use, reproduce or modify that information. Any information submitted on the Site is subject to our Privacy Statement, the terms of which are incorporated herein.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CANADIAN PINNACLE NUTRITECH, ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFIT, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE SITE OR ANY MATERIALS ON THE SITE, EVEN IF CANADIAN PINNACLE NUTRITECH OR ANY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LINKS
The Site may provide links to other World Wide Web sites or resources. Canadian Pinnacle Nutritech has not reviewed these sites and is not responsible for the accuracy, content, privacy policies or availability of information found on sites that link to or from any Canadian Pinnacle Nutritech Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any Canadian Pinnacle Nutritech Sites or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against Canadian Pinnacle Nutritech with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Neither Canadian Pinnacle Nutritech nor its affiliates, employees, directors, officers, or agents shall be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of your use of third-party material or third-party sites that are linked to this Site. No link to the Site may be framed to the extent that such frame contains any sponsorship, advertising, or other commercial text or graphics. All links to the Site must be to muscletech.ca. Deep linking to internal pages of this Site is expressly prohibited without prior written consent from Canadian Pinnacle Nutritech.
INDEMNITY
You agree to defend, indemnify, and hold harmless Canadian Pinnacle Nutritech, its officers, directors, employees, and agents, from and against any claims, actions, or demands, including, but not limited to, reasonable legal and accounting fees, alleging or resulting from your use of the Site or your breach of these Terms of Use. Canadian Pinnacle Nutritech shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.
CHOICE OF LAW
You agree that any issue or dispute arising out of or in connection with your use of our Site, intellectual property, the Terms of Use, the Privacy Statement, or any matter concerning Canadian Pinnacle Nutritech shall be governed by the laws of British Columbia, Canada. You agree that any such issue or dispute shall be brought exclusively in the provincial courts of British Columbia, Canada. If any provision of the Terms of Use and Privacy Statement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use and Privacy Statement, which shall remain in full force and effect.
By using the Site, you agree to comply with all applicable laws and regulations of Canada. The material provided on the Site is protected by law including, but not limited to, Canadian copyright and trade-mark law and international treaties. Canadian Pinnacle Nutritech makes no representation that materials contained in the Site are appropriate or available for use in other locations and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations outside Canada do so at their own initiative and are responsible for compliance with applicable local laws.
GENERAL PROVISIONS
These Terms and Conditions, together with Canadian Pinnacle Nutritech’s Privacy and Cookies Policy and any other guidelines and policies incorporated by reference herein, constitute the entire agreement between you and Canadian Pinnacle Nutritech regarding your use of this Site and its Content (“Agreement”). If any part of this Agreement is deemed indefinite, invalid, illegal, void, or otherwise unenforceable by a court of competent jurisdiction, that part shall be deemed severable to the minimum extent necessary and all other parts of this Agreement will continue in full force and effect.
This Agreement supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement. No representations, statements or inducements, written or oral, not contained in this Agreement shall bind either you or Canadian Pinnacle Nutritech. Except as otherwise specifically provided herein, this Agreement may not be modified, supplemented, qualified, or interpreted except in writing and signed by the parties hereto. No failure by Canadian Pinnacle Nutritech to enforce any part of this Agreement shall constitute a waiver of any of Canadian Pinnacle Nutritech’s rights under this Agreement. Only a specific, written waiver executed by Canadian Pinnacle Nutritech’s authorized representative shall have any legal effect whatsoever. Canadian Pinnacle Nutritech may assign this Agreement to any other person in Canadian Pinnacle Nutritech ‘s discretion. You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part.
You agree that this Agreement is an electronic document and will be: (a) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed writing as against the parties subject to the electronic documents. A printed version of this Agreement and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings, based upon or relating to this Agreement, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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. Canadian Pinnacle Nutritech will send notices and other communications to you by email, using the address you have provided to Us. You agree to send Canadian Pinnacle Nutritech notices and other communications pertaining to your use of this Site and this Agreement at Our email address listed below. You agree that the delivery of Our communications is effective when sent by Canadian Pinnacle Nutritech, regardless of whether or when you read Our communication or receive it.