Terms and Conditions of Zymfit
Effective Date: June 1st, 2023
These Terms and Conditions (“Terms”) govern your access to and use of the Zymfit website (the “Website”) and any services provided by Zymfit (collectively, the “Services”). By accessing the Website or using the Services, you agree to be bound by these Terms. If you do not agree with these Terms, please refrain from using the Website or Services.
Acceptance of Terms
By accessing or using the Website or Services, you represent that you are of legal age and have the legal capacity to enter into these Terms. If you are accessing or using the Website or Services on behalf of an entity, you further represent and warrant that you have the authority to bind such entity to these Terms.
User Responsibilities
Account Registration
1.1 In order to access certain features or Services, you may be required to create an account. When registering for an account, you agree to provide accurate and up-to-date information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
1.2 Compliance with Laws
1.2 You agree to comply with all applicable laws, regulations, and third-party agreements while using the Website and Services. You shall not engage in any activity that violates the rights of others or interferes with the proper functioning of the Website or Services.
Intellectual Property
2. All content, materials, and information available on the Website, including but not limited to text, graphics, logos, images, videos, and software, are the property of Zymfit or its licensors and are protected by intellectual property laws. You may not use, reproduce, distribute, modify, or create derivative works of any content from the Website or Services without prior written consent from Zymfit.
Disclaimer of Warranty and Limitation of Liability
3.1 No Warranty
3.1 The Website and Services are provided “as is” and “as available” without any warranties, whether express, implied, or statutory. Zymfit disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
3.2 Limitation of Liability
3.2 To the maximum extent permitted by applicable law, in no event shall Zymfit be liable for any direct, indirect, incidental, consequential, special, or punitive damages, or any loss of profits, revenue, data, or goodwill arising from the use or inability to use the Website or Services. This limitation applies regardless of the basis of liability, whether in contract, tort (including negligence), or otherwise.
Privacy
4. Zymfit values your privacy and handles your personal information in accordance with its Privacy Policy. By using the Website or Services, you consent to the collection, use, and disclosure of your personal information as described in the Privacy Policy.
Governing Law and Dispute Resolution
5. These Terms shall be governed by and construed in accordance with the laws of [Country/State/Province]. Any disputes arising out of or relating to these Terms, the Website, or Services shall be resolved exclusively through binding arbitration in accordance with the rules of the [Arbitration Association]. The place of arbitration shall be [City, Country]. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its intellectual property rights.
Severability
6. If any provision of these Terms is found to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, and the remaining provisions shall continue in full force and effect.
Entire Agreement
7. These Terms constitute the entire agreement between you and Zymfit regarding your use of the Website and Services and supersede any prior or contemporaneous agreements, communications, or understandings, whether oral or written, between you and Zymfit.
Modifications
8. Zymfit reserves the right, at its sole discretion, to modify or replace these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on the Website. It is your responsibility to review these Terms periodically for any updates or modifications. By continuing to access or use the Website or Services after the posting of any changes, you accept and agree to be bound by the revised Terms.
Waiver
9. The failure of Zymfit to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. The waiver of any breach of these Terms will not constitute a waiver of any other provision or subsequent breach.
Assignment
10. You may not assign or transfer these Terms or any rights or obligations herein without the prior written consent of Zymfit. Zymfit may freely assign or transfer these Terms, in whole or in part, without restriction. Any attempted assignment or transfer in violation of this provision will be null and void.
Zymfit Website Links and Non-Zymfit Marketing
11. Disclaimer and Limitation of Liability:
Zymfit, the brand and company, makes no representations whatsoever about any other website that you may access through Zymfithealth.com. It is important to understand that these external websites are independent from Zymfit and Zymfit has no control over the content found on them. Additionally, the inclusion of a link to a non-Zymfit website does not imply endorsement or acceptance of any responsibility for the content or use of that website by Zymfit. It is your responsibility to take necessary precautions to ensure that any materials you select from these websites are free from viruses, worms, Trojan horses, or any other items of a destructive nature.
In no event will Zymfit be liable to any party for any direct, indirect, special or other consequential damages resulting from the use of Zymfithealth.com or any other hyperlinked website. This includes but is not limited to, lost profits, business interruption, loss of programs or other data on your information handling system or any other damages, even if Zymfit has been expressly advised of the possibility of such damages.
12. Disclaimer of Affiliates’ Postings, Ads, and Marketing:
Zymfit acknowledges that there may be other dealers or affiliates who promote or market Zymfit products or services through their own websites, social media platforms, or other marketing materials. However, it is important to clarify that the content displayed on the official Zymfit website and marketing materials represents the views and information solely of Zymfit.
Zymfit explicitly disclaims any association or affiliation with the content, statements, or representations made by other Zymfit dealers or affiliates on their respective websites, social media platforms, or other marketing materials. Unless expressly stated otherwise in writing by an authorized representative of Zymfit, Zymfit does not endorse, adopt, or validate any content, statements, or representations made by these dealers or affiliates.
By agreeing to these terms, you acknowledge and agree that Zymfit shall not be held liable for any loss, damage, or harm arising from the content, statements, or representations made by other Zymfit dealers or affiliates on their respective websites, social media platforms, or other marketing materials. Zymfit is not responsible for the accuracy, completeness, legality, or availability of such content, statements, or representations. Any reliance you place on the content, statements or representations made by other Zymfit dealers or affiliates is solely at your own risk.
This disclaimer of affiliates’ postings, ads, and marketing complies with Canadian and United States laws and regulations. Zymfit’s non-liability extends only to its official website and marketing materials. Any disputes arising from or related to the content, statements, or representations made by other Zymfit dealers or affiliates should be addressed directly to them.
Please read and understand these disclaimers and limitations of liability before using Zymfithealth.com or engaging with any other Zymfit dealers or affiliates. Your continued use of Zymfithealth.com implies your acceptance of these terms.
Contact Information
If you have any questions or concerns about these Terms or the Services provided by Zymfit, please contact us at [email protected] or Zymfit, 106-7300 Warden Ave, Markham, Ontario, L3R 9Z6.
By accessing the Website or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with any provisions of these Terms, your sole remedy is to discontinue the use of the Website and Services.
Last updated: June 1st, 2023