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Terms & Conditions
Last updated April 18, 2022
These website terms and conditions of use for http://www.driblades.com, constitute a legal agreement and are entered into by and between you and Alien Kinetics Technologies Inc. (“AKT,” “Company, “we,” “us,” “our“). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these “Terms and Conditions“), govern your access to and use, including any content, functionality, and services offered on or through http://www.driblades.com, including any digital tools of AKT that may or may not yet be developed (together, the “Website“).
By using this Website, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Changes to these Terms and Conditions. We may amend these Terms and Conditions at any time without prior notice by posting the amended Terms and Conditions on this Website. Use of this Website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, you should review these Terms and Conditions whenever you use this Website.
Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted on the Website, are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Furthermore, all product and service recommendations are for convenience and informational purposes only. AKT, which operates this Website, makes all reasonable efforts to accurately display the attributes of our products, including the applicable colours; however, the actual colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours. The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available at any time. Product shown on models in the lifestyle images presented on the Website may not be available. It is your responsibility to ascertain and obey all applicable local, provincial, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner. Any video footage and similar products sold are for private, non-commercial, home use (where no admission fee is charged), and non-public performance may not be duplicated.
Product Disclaimers. AKT products may include equipment and tools used in sports activities, training, and demonstration (“Sports Activities”). You participate in these Sports Activities at your own risk. The use of AKT products is at the user’s risk. In purchasing or using these products, the user assumes all risk entailed in the Sports Activities and acknowledges that AKT cannot guarantee and is not providing any guarantee or warranty that the use of these products will protect the user from injury.
To the extent permitted by law, YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF DEATH OR OTHER PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN SUCH SPORTS ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR ANY OTHER FAULT OF AKT including but not limited to equipment malfunction from whatever cause, or any other fault of AKT. Additionally, you agree to indemnify, defend, release and hold AKT harmless from any third party claims arising from such Sports Activities or use of any other AKT product.
AKT disclaims all liability, damages, or physical harm arising from the use of its’ products or services in a manner that is negligent, reckless, does not conform with AKT’s stated methods and processes of use, or that is otherwise unreasonable in the circumstances. You should always review AKT’s instructions for use of its’ products or services prior to using or accessing those products and services, and only use those products or services in accordance with those instructions. Note that proper use of the products or services may reduce such risks but does not eliminate or guarantee protection against them.
Inspect Before Each Use. The AKT products must be inspected for use to ensure it has not been damaged in shipment. If damaged, do not use and immediately return the product to AKT [for replacement]. Always check product for proper fit, wear or damage before using. Do not use if problems are detected.
Shipping Limitations. When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Website. All purchases from this Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Ownership and Use. Materials contained on or obtained through this Website, including, but not limited to, text, graphics, images, data, audio and video (collectively, the “Materials”), are owned or licensed by AKT. AKT and their third-party licensors retain all proprietary rights in and to the Materials, including all intellectual property rights associated therewith (e.g., copyrights, patents, trademarks, trade secrets and know-how) and all broadcasting rights or other distribution rights associated therewith. In addition, the entire content of this Website is copyrighted as a collective work by us. Unless otherwise expressly indicated on this Website, except for downloading, storing, viewing and printing limited portions of the Materials for your own personal, non-commercial use, you may not download, store, print, modify, copy, reproduce, translate, perform, display, publish, create derivative works of, distribute or otherwise use the Materials in any way, without the prior written permission of AKT.
You must retain all copyright, trademark and other proprietary notices contained in the original Materials on any copy you make of the Materials. You may not frame or utilize framing techniques to enclose all or any portion of this Website. You may not use any metatags or any other similar hidden text utilizing AKT’s name or trademarks.
We may, in our sole discretion, modify, add or discontinue any aspect, content or feature of this Website at any time, with or without notice.
Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on this Website are registered and unregistered trademarks, trade names and service marks of AKT or its affiliates. Other trademarks, trade names and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of their respective owners, and its affiliates. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website without the written permission of AKT, its affiliates, suppliers, or such other owner.
User Postings. As a user of this Website, you are responsible for your own communications and are responsible for the consequences of any of your postings in or to our Website, if any. By submitting any material for posting on this Website, you automatically grant (or, if you are not the owner, you warrant that the owner of such material has expressly granted) us a royalty-free, perpetual, irrevocable, nonexclusive and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, display and otherwise exploit such material (in whole or in part) worldwide and/or to incorporate it in other work in any form, media or technology now known or later developed.
We do not represent or guarantee the accuracy, completeness or reliability of any material posted by users of this Site nor do we endorse any opinions expressed by any users. If you rely on material posted by other users, you do so only at your own risk.
Although we may occasionally screen or monitor material posted by users, we do not do so systematically, and we are not obligated to do so. We may for any reason edit, refuse to post or remove without notice any materials posted by users. However, we have no obligation to do so. If you become aware of any material that violates these Terms and Conditions, you may email such information to us. However, we do not guarantee that any action will be taken as a result of your contact. We reserve the right to expel any user and to prevent further access to this Website for any or no reason, including violation of these Terms and Conditions or applicable law. However, we have no obligation to expel any user or to prevent further access to this Website.
Each user of our Website is solely responsible for the information, data, text, messages, graphics, photographs, video, audio, forms, PDF documents, or other materials he or she posts on our Website. This means that you, and not AKT, are entirely responsible for all content that you upload, post, transmit or otherwise make available to others using this Website. Under no circumstances will AKT be liable in any way for any content posted on or made available through this Website by you or any third party.
Use Policies. You are prohibited from using the Website to post or transmit any message, information, data, text, software, graphic files or other materials (“Content”) that infringes or may infringe third-party intellectual property or other rights or that is threatening, false, misleading, inflammatory, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or that may otherwise give rise to civil liability or violate any law. AKT may deny you access to the Website at any time in its sole discretion, and which shall include situations where AKT believes that your use of the Website is or may be in breach of any of these Terms and Conditions and/or applicable laws.
You are also prohibited from using the Website to advertise or perform any commercial solicitation.
AKT further reserves the right to prosecute all misrepresentations, willful injury, fraud, malicious conduct, and any criminal conduct that you may engage in in any connection with this Website to the fullest extent permissible by applicable law.
Contests, Sweepstakes and Other Activities. This Website may provide additional rules for participating in activities on or through this Website (“Rules”), including sweepstakes, contests and other activities. This Agreement is incorporated by reference into any specific Rules for a particular activity. To the extent that any conflict exists between these Terms and Conditions and specific Rules, the Rules for the particular activity shall govern.
Electronic Communications. When you visit this Website or send an email to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Registration Or Signing Up on Our Website. If you wish to register or sign-up on our Website you agree to provide accurate, current and complete personal data and information about yourself (such as name, age, address, etc.) as required by our registration or sign-up form(s) and further agree that you will update such data to keep it accurate, current and complete. We reserve the right to suspend or terminate your use of our Website if we discover, or have a reasonable basis to believe that any of the data you have provided is inaccurate, incomplete or untrue. If you register or sign-up on our Website, you may be asked to select a username and password. Your account, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your password and username and are fully responsible for all activities that occur under your password or username by you or by anyone else using your username and password, whether or not authorized by you. You agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password (contact AKT at email@example.com) and until we are so notified you will remain liable for any unauthorized use of your account.
Links to Third-Party Websites. In an attempt to provide increased value to our visitors, this Website may contains links to third-party websites. These links are provided solely for your convenience. They are not an endorsement by us of the content of such third-party websites. We are not responsible for the content or practices of linked third-party websites and do not make any representations or warranties about the content or accuracy of materials on such third-party web sites or the practices of such websites.
Submissions. We welcome comments regarding our service. However, any testimonials, comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) submitted to us will be our exclusive property. Submission of any such Comments constitutes an assignment to us of all worldwide right, title and interest in and to all copyrights and other intellectual property rights in and to the Comments, and you represent and warrant that you have the right to make such an assignment and that such Comments do not violate or infringe any rights of anyone. We will be entitled to use, reproduce, disclose, publish and distribute any Comments for any purpose whatsoever (in whole or in part) worldwide and/or to incorporate it in other work in any form, media or technology now known or later developed, without restriction and without compensating you in any way. For this reason, we ask that you do not send us any Comments that you do not desire to assign to us, including, but not limited to, any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
DISCLAIMER OF WARRANTIES. THIS WEBSITE AND THE MATERIALS ARE PROVIDED ON AN AS-IS, AS-AVAILABLE BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, AKT, THEIR AFFILIATES AND THEIR THIRD-PARTY LICENSORS AND VENDORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY OF ANY INFORMATIONAL CONTENT. CERTAIN STATES, PROVINCES, AD/OR COUNTRIES DO NOT ALLOW DISCLAIMERS OF CERTAIN WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO ONE OR ALL OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
You understand and expressly agree that use of this Website and the Materials is at your sole risk and that this Website and the Materials may not be current, complete, uninterrupted, accurate or error-free. We make no representation or warranty regarding the use, validity, security, accuracy, currency, completeness, reliability or the results from the use of this Website or the Materials and do not assume any liability or responsibility for any errors or omissions in the Materials or any actions taken or not taken in reliance upon the Materials. The Materials may contain typographical errors or inaccuracies and may not be complete or current and, therefore, we reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
LIMITATION OF LIABILITY. IN NO EVENT SHALL AKT, THEIR AFFILIATES OR THEIR THIRD PARTY LICENSORS OR VENDORS BE LIABLE FOR ANY DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY DAMAGES FOR COMPUTER FAILURE OR MALFUNCTION, BUSINESS INTERRUPTION, LOSS OF PROFITS, USE, DATA, GOODWILL OR OTHER INTANGIBLES) ARISING FROM OR IN ANY WAY RELATING TO THESE TERMS, THIS WEBSITE, THE MATERIALS (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS), OR ANY INFORMATION, GOODS OR SERVICES CONTAINED ON OR OBTAINED THROUGH THIS WEBSITE, EVEN IF AKT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION (INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, TORT OR WARRANTY). CERTAIN STATES DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
Indemnification. You agree to defend, indemnify and hold harmless AKT and their affiliates and their officers, directors, employees and agents, from and against any and all third-party claims, liability, actions, demands, costs or expenses (including, but not limited to, attorneys’ fees) arising from or relating to your use of this Website or the Materials, material that you post to this Website or otherwise provide to AKT, or your breach or violation of these Terms and Conditions. AKT reserve the right to defend any such claim, and you agree to provide AKT with such reasonable cooperation as it may request.
Responsibility For Minors. If you are under 18, you represent that you have your parent or guardian’s permission to use the Website. Please have them read these Terms and Conditions with you. If you are a parent or legal guardian of a user under the age of 18 and you have authorized a minor to use the Website, then you agree to be fully responsible for: (i) controlling the minor’s access to and use of that Website; and (ii) the consequences of any misuse by the minor. You acknowledge that some of the areas of the Website and some of the Content may include material that is inappropriate for minors.
Duty of Coaches, Trainers, Gyms. Before you allow others to use an AKT product or service you agree that (i) you will require that they (or their legal guardian if they are minors) read, understand, and agree to these Terms and Conditions, (ii) you believe they (or their guardian) understand that they are participating in a high-risk activity and assume the risk of death or other personal injury, and (c) you agree to indemnify, defend, and hold AKT harmless from any claims made by them arising from their use of AKT products.
Dispute Resolution. These Terms will be governed by and construed in accordance with the laws of the Province of Saskatchewan and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of the Province of Saskatchewan or any other jurisdiction) and notwithstanding your domicile, residence or physical location.
Any action or proceeding arising out of or relating to this Website and under these Terms and Conditions will be instituted in the courts of the Province of Saskatchewan and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
Miscellaneous. This Website is based in Canada. Access to the Materials or use of this Website may not be legal by certain persons or in certain countries. If you access this Website from outside Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Headings in these Terms and Conditions are for convenience only and shall not be used to interpret or construe its provisions. If any term or provision of these Terms and Conditions is found to be invalid, void or unenforceable by any court having competent jurisdiction, the remainder of these Terms and Conditions shall remain in full force and effect. Any waiver of any term or provision of these Terms and Conditions will be effective only if it is in writing and signed by AKT. No waiver of any term or provision of these Terms and Conditions shall be deemed a further or continuing waiver of such term or provision or any other term or provision. These Terms and Conditions constitute the entire agreement between the parties pertaining to the subject matter hereof, and cancel and supersede all prior oral and written negotiations, agreements or understandings between the parties with respect to the subject matter hereof. Except as provided above in the Section labeled “Changes to these Terms,” no modification of any provision of these Terms and Conditions shall be valid or binding unless made in writing and signed by authorized representatives of AKT. If you are dissatisfied with the Website or with these Terms and Conditions, then your sole remedy is to stop using the Website. These Terms and Conditions have been drawn up in the English language at the express request of the parties. Les présentes modalités ont été rédigées en anglais à la demande expresse des parties.
Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us at firstname.lastname@example.org.