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Terms and conditions
Terms and conditions
This website is operated by Wizzo Performance Inc. Throughout the site, the terms we, us, and our refer to Wizzo Performance Inc. This website, including all information, tools, and services available from this site, is offered to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By visiting our site and/or purchasing something from us, you engage in our Service and agree to be bound by the following terms and conditions (Terms of Service, Terms), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these terms. Any new features or tools that are added to the current store shall also be subject to the Terms of Service.
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shift4Shop Inc. They provide us with the online e-commerce platform that allows us to sell our products and services.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You must not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders 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 that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed. For more detail, please review our Return Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools that we do not monitor, control, or manage. You acknowledge and agree that we provide you with access to these tools as is and subject to availability, without any warranty, representation, or condition of any kind and without any endorsement. We shall not be liable for any issues or liabilities arising from or related to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own discretion and risk. Additionally, it is your responsibility to familiarize yourself with the terms and conditions under which these optional tools are provided by the respective third-party provider(s) and to accept those terms. Furthermore, in the future, we may offer new services and/or features through the website (including the launch of new tools and resources). These new services and/or features will also be subject to these Terms of Service.
ARTICLE 8 - THIRD-PARTY LINKS
Certain content, products, and services available through our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not obligated to review or evaluate their content or accuracy, and we do not guarantee and assume no responsibility for any content or websites, or for any other materials, products, or services from third-party sources.
We are not responsible for any damages or harm related to the purchase or use of goods, services, resources, content, or any other transactions connected with these third-party websites. Please carefully review the policies and practices of these third parties and make sure you understand them before engaging in any transactions. Complaints, claims, concerns, or questions regarding third-party products should be directed to those respective third parties.
ARTICLE 9 - COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you submit specific content (e.g., in the context of contests) or if you submit unsolicited creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by mail, or otherwise (collectively, comments), you grant us the right, at any time and without restriction, to edit, copy, publish, distribute, translate, and use in any media any comments you send us. We are not and shall not be obligated (1) to maintain the confidentiality of comments; (2) to compensate anyone for any comments provided; or (3) to respond to comments. We may, but have no obligation to, monitor, edit, or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party's intellectual property or these Terms of Service.
You agree that your comments will not violate the rights of any third party, including copyright, trademark, privacy, personality, or other personal or intellectual property rights. You also agree that your comments will not contain any unlawful, offensive, or obscene material or any computer virus or other malicious software that could affect the functionality or operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
ARTICLE 10 - PERSONAL INFORMATION
ARTICLE 11 - ERRORS, INACCURACIES, AND OMISSIONS
There may be occasional information on our site or in the Service that contains typographical errors, inaccuracies, or omissions related to descriptions, prices, promotions, offers, shipping charges, delivery times, and product availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate, at any time and without notice (including after you have placed your order). We are not obligated to update, modify, or clarify information in the Service or on any related website, including but not limited to information on prices, unless required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
ARTICLE 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for illegal purposes; (b) to solicit others to perform or participate in illegal acts; (c) to violate any local, international, federal, provincial, or state regulations, rules, or laws; (d) to infringe upon or violate our intellectual property rights or the rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
ARTICLE 13 - DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee, certify, or declare in any way that your use of our Service will be uninterrupted, secure, free of delays, or error-free. We do not guarantee that the results that may be obtained through the use of the Service will be accurate or reliable. You agree that from time to time, we may remove the Service for indefinite periods or cancel it at any time and without notice. You expressly agree that your use of the Service, or your inability to use it, is at your sole risk.
The Service and all products and services provided to you through it (unless expressly stated by us) are provided as is and subject to availability for your use, without any representations, warranties, or conditions of any kind, whether express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Wizzo Performance Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenue, savings, data, replacement costs, or similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Service or any service or product provided through it, or for any other claim related in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content or any losses or damages resulting from the use of the Service or any content (or product) posted, transmitted, or made available through the Service, even if you have been advised of the possibility of such damages.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions shall be limited to the maximum extent permitted by law.
ARTICLE 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold Wizzo Performance Inc. and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
ARTICLE 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other provisions.
ARTICLE 16 - TERMINATION
The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our site. If, in our sole judgment, you fail to comply with or violate any term or provision of these Terms of Service, we may also terminate this agreement at any time and without notice. You will remain liable for all amounts due up to the date of termination (inclusive), and as a result, we may deny you access to our Services (or any part thereof).
ARTICLE 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service, as well as any separate agreement through which we provide you with Services, constitute the entire agreement and understanding between you and us, and govern your use of the Service. They supersede all prior and contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms of Service). Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.
ARTICLE 18 - APPLICABLE LAW
These Terms of Service, as well as any separate agreement through which we provide you with Services, are governed and interpreted under the laws of 16510 route Sir Wilfrid Laurier, Mirabel, QC, J7J 2G3, Canada.
ARTICLE 19 - MODIFICATIONS TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting such updates and/or changes on our website. It is your responsibility to check our website periodically for changes. Your continued access to our website and use of the Service or any part thereof following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
ARTICLE 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.