Welcome to https://musclematters.ca (the “Website”). This Terms of Use Agreement (the “Agreement”) govern your use of our Website. This Agreement is made between Muscle Matters Inc. (“we” or “us”), and you. Please read the following Agreement carefully.
1. Acceptance
By using the Website and the services offered through it, you agree to be bound by these terms and conditions of use and all related policies, conditions, and guidelines, including Muscle Matters’ Privacy Policy. The term “Website” specifically includes any new features that we may introduce from time to time, and any content that we upload or input onto the Website.
This Agreement is the entire and only agreement between us and you with respect to the use of the Website, and supersedes all prior or other agreements, representations, warranties and understandings with respect to the Website, the content, products or services provided by or through the Website and its content. If you do not agree with any of these terms of this Agreement, you may not use the Website. Muscle Matters reserves the right to amend, change or replace the Agreement at any time without notice and you agree that each visit you make to the Website shall be subject to the current terms of use and conditions then in force and it is your responsibility to review the Agreement posted on the Website for any modifications or updates. Your continued access and use of the Website will confirm your acceptance to be bound by any such amendments or changes to the Agreement. By using the Website you represent and warrant that you have the legal capacity to be bound by the terms of this Agreement.
2. Acceptable Uses and Restrictions
You may upload information and data, including personal information as part of your use of our Website (the “User Content”). Personal information contained in the User Content is covered by our Privacy Policy. We claim no rights in the User Content and you are responsible for all User Content. When you upload User Content, you represent and warrant that (a) such User Content is complete and accurate, (b) you have rights to input the User Content, (c) such User Content will not infringe the rights (including intellectual property and privacy rights) of others, and (d) such User Content will comply with this Agreement.
You must also abide by our acceptable use standards, and any acceptable use policy published by us from time to time. You may not:
a. post, input or upload any User Content that is vulgar, obscene, contains explicit or graphic descriptions or accounts of sexual acts or sexual language of a violent or threatening nature or constitutes child pornography under applicable law;
b. threaten bodily harm, destruction of property or otherwise engage in harassment;
c. transmit, post, store, link or distribute any threatening, abusive, harassing, defamatory, libellous, deceptive or fraudulent information or information that is invasive of another’s privacy, or infringes another’s rights;
d. transmit, post, store, link or distribute material that victimizes, harasses, degrades, threatens to harm or intimidates an individual or group of individuals, including without limitation minors, on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
e. reverse engineer, decompile or otherwise attempt to decipher any code or any portion of the Website for any purpose;
f. use the output of the Website for any purpose other than as permitted under this agreement;
g. delete or revise any portion of our Website;
h. distribute, sell, lease, transfer, assign, trade, rent, publish or license the Website as a stand-alone service to others;
i. aggregate, scrape, harvest or duplicate any portion of our Website, including any personal or contact information, or use such personal or contact information for any secondary marketing purposes or unsolicited mass e-mail, or any purpose inconsistent with the stated purposes;
j. corrupt, falsify or distort any User Content or upload, post or submit User Content that infringes any copyright, or other intellectual property rights, or offends privacy rights, or otherwise offends the standards set by us from time to time; or
k. copy, misuse or duplicate the layout and design of our sites, or the underlying code and database structures, or any of our trade-marks.
Muscle Matters may, without prior notice to you and in its sole discretion, remove any material from its website that violates the terms of this Agreement, or any material that Muscle Matters otherwise considers inappropriate for display on its website. If after notice of posting inappropriate or non-permitted material, you repeat such actions, Muscle Matters may terminate your access to the website without notice to you. In the event of such action, you are not entitled to a refund for any fee, or any other form of compensation.
While Muscle Matters implements industry-standard security protocols, the use of the Website and the use of emails or other electronic messages are subject to security risks. You accept those risks by using the Website and components of the Website like our service portals.
3. Copyright
All content including, without limitation all Marks, text, design, graphics, drawings, photographs, code and software, and all organization and presentation of such content, which forms a part of the Website, are subject to intellectual property rights, including copyright and trademarks, held by or licensed to Muscle Matters. All such rights are expressly reserved.
4. Trademarks
Any Marks on the Website may be trademarks or trade names or registered trademarks or trade names of Muscle Matters or its affiliates, in Canada and other countries. Muscle Matters’ Marks shall not be used in connection with any product or service that is not Muscle Matters’ or its affiliates’ in any manner. All other trademarks and trade names not owned by Muscle Matters or its affiliates that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Muscle Matters or its affiliates.
5. Hyperlinks
The Website may contain links to third party websites. These links have been provided solely as a convenience for and do not constitute an endorsement by Muscle Matters of the content of such third party sites. Links to the Website may also be provided from sites either known or unknown to Muscle Matters. Access to any other website linked to or from the Website is at your own risk. Muscle Matters has not reviewed and is not responsible for the content of any third party sites linked to or from the Website and does not make any representations or warranties regarding the content or accuracy of materials on such third party websites.
6. Disclaimer Of Warranties & Limitation Of Liability
THE WEBSITE IS PROVIDED BY Muscle Matters ON AN “AS IS” AND “AS AVAILABLE” BASIS. Muscle Matters MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS AND SERVICES INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Muscle Matters DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Muscle Matters DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM THE Muscle Matters OR THE WEBSITE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. Muscle Matters WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU IN YOUR JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
7. Notices
You consent to receiving communications from us electronically. We will communicate with you by email or by posting a notice on the Website. Any such notice shall be deemed to have been received by you on the business day following the day of sending the email or posting notice. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.
Any notice required to be given to Muscle Matters under this Agreement shall be given at the address below or at such other existing municipal address as Muscle Matters may provide to you in writing or by sending such notice by means of facsimile or e-mail:
#201, 18332 Lessard Rd.
Edmonton, AB T6M 2W8
Any such notice shall be deemed to have been received by Muscle Matters immediately upon delivery at its address set out above, five business days after mailing such notice or on the business day following the day of sending a facsimile or e-mail message. Receipt of any facsimile messages shall be confirmed by telephone by the forwarding party.
8. Governing Law & Jurisdiction
By accessing and using the Website, you agree that the laws of Alberta, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any kind that might arise between you and Muscle Matters or its affiliates.
Any failure by us to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. If any of the terms and conditions of this Agreement are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions.
The parties have required that this Agreement and all documents relating thereto be drawn up in English.
Revised January 2020